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Regional Planning Interests Regulation 2014
sch.2-sec.5Prescribed solution for required outcome 2
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### sch.2-sec.5 Prescribed solution for required outcome 2
The application demonstrates all of the following—
if the activity is to be carried out in a priority agricultural area identified in a regional plan—the activity will contribute to the regional outcomes, and be consistent with the regional policies, stated in the regional plan;
the activity can not be carried out on other land in the region that is not used for a priority agricultural land use, including, for example, land elsewhere on a property, on an adjacent property or at another nearby location;
the construction and operation footprint of the activity on the area in the region used for a priority agricultural land use is minimised to the greatest extent possible;
the activity will not result in widespread or irreversible impacts on the future use of an area in the region for 1 or more priority agricultural land uses;
the activity will not constrain, restrict or prevent the ongoing use of an area in the region for 1 or more priority agricultural land uses, including, for example, infrastructure essential to the operation of a priority agricultural land use.
Subsection (3) applies if the activity is to be carried out in a priority agricultural area that includes a regionally significant water source and—
if the activity is to be carried out under an authority to prospect or a petroleum lease under the Petroleum and Gas (Production and Safety) Act 2004 —the activity is likely to produce CSG water; or
if the activity is to be carried out under a mineral development licence or a mining lease under the Mineral Resources Act 1989 —the activity is likely to produce associated water.
Also, the application must demonstrate the applicant has in place a strategy or plan for managing the CSG water or associated water that provides for the net replenishment of the regionally significant water source.
For subsection (3) , net replenishment of a regionally significant water source is the replacement to the water source, whether directly or indirectly, of all water that is no longer available for a priority agricultural land use in a priority agricultural area because carrying out a resource activity in the area produces CSG water or associated water.
Subsection (6) applies for each property on which the activity is to be carried out if the applicant is not the owner of the land and has not entered into a voluntary agreement with the owner.
The application must demonstrate the matters listed in this schedule, section 3 for a prescribed solution for required outcome 1 for the property.
In this section—
associated water means underground water taken or interfered with, if the taking or interference happens during the course of, or results from, the carrying out of an activity authorised under a mineral development licence or mining lease.
CSG water see the Petroleum and Gas (Production and Safety) Act 2004 , schedule 2 .
overland flow water see the Water Act 2000 , schedule 4 .
underground water see the Water Act 2000 , schedule 4 .
(sch.2-sec.5-ssec.1) The application demonstrates all of the following— if the activity is to be carried out in a priority agricultural area identified in a regional plan—the activity will contribute to the regional outcomes, and be consistent with the regional policies, stated in the regional plan; the activity can not be carried out on other land in the region that is not used for a priority agricultural land use, including, for example, land elsewhere on a property, on an adjacent property or at another nearby location; the construction and operation footprint of the activity on the area in the region used for a priority agricultural land use is minimised to the greatest extent possible; the activity will not result in widespread or irreversible impacts on the future use of an area in the region for 1 or more priority agricultural land uses; the activity will not constrain, restrict or prevent the ongoing use of an area in the region for 1 or more priority agricultural land uses, including, for example, infrastructure essential to the operation of a priority agricultural land use.
(sch.2-sec.5-ssec.2) Subsection (3) applies if the activity is to be carried out in a priority agricultural area that includes a regionally significant water source and— if the activity is to be carried out under an authority to prospect or a petroleum lease under the Petroleum and Gas (Production and Safety) Act 2004 —the activity is likely to produce CSG water; or if the activity is to be carried out under a mineral development licence or a mining lease under the Mineral Resources Act 1989 —the activity is likely to produce associated water.
(sch.2-sec.5-ssec.3) Also, the application must demonstrate the applicant has in place a strategy or plan for managing the CSG water or associated water that provides for the net replenishment of the regionally significant water source.
(sch.2-sec.5-ssec.4) For subsection (3) , net replenishment of a regionally significant water source is the replacement to the water source, whether directly or indirectly, of all water that is no longer available for a priority agricultural land use in a priority agricultural area because carrying out a resource activity in the area produces CSG water or associated water.
(sch.2-sec.5-ssec.5) Subsection (6) applies for each property on which the activity is to be carried out if the applicant is not the owner of the land and has not entered into a voluntary agreement with the owner.
(sch.2-sec.5-ssec.6) The application must demonstrate the matters listed in this schedule, section 3 for a prescribed solution for required outcome 1 for the property.
(sch.2-sec.5-ssec.7) In this section— associated water means underground water taken or interfered with, if the taking or interference happens during the course of, or results from, the carrying out of an activity authorised under a mineral development licence or mining lease. CSG water see the Petroleum and Gas (Production and Safety) Act 2004 , schedule 2 . overland flow water see the Water Act 2000 , schedule 4 . underground water see the Water Act 2000 , schedule 4 .
- (a) if the activity is to be carried out in a priority agricultural area identified in a regional plan—the activity will contribute to the regional outcomes, and be consistent with the regional policies, stated in the regional plan;
- (b) the activity can not be carried out on other land in the region that is not used for a priority agricultural land use, including, for example, land elsewhere on a property, on an adjacent property or at another nearby location;
- (c) the construction and operation footprint of the activity on the area in the region used for a priority agricultural land use is minimised to the greatest extent possible;
- (d) the activity will not result in widespread or irreversible impacts on the future use of an area in the region for 1 or more priority agricultural land uses;
- (e) the activity will not constrain, restrict or prevent the ongoing use of an area in the region for 1 or more priority agricultural land uses, including, for example, infrastructure essential to the operation of a priority agricultural land use.
- (a) if the activity is to be carried out under an authority to prospect or a petroleum lease under the Petroleum and Gas (Production and Safety) Act 2004 —the activity is likely to produce CSG water; or
- (b) if the activity is to be carried out under a mineral development licence or a mining lease under the Mineral Resources Act 1989 —the activity is likely to produce associated water.