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Queensland
Regional Planning Interests
Bill 2013
Queensland
Regional Planning Interests Bill 2013
Contents
Page
Part 1 Preliminary
Division 1 Introduction
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Division 2 Purposes and application of Act
3 Purposes and achievement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
4 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
5 Relationship with resource Acts and Environmental Protection Act 9
Division 3 Interpretation
Subdivision 1 Dictionary
6 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Subdivision 2 Definitions about areas of regional interest
7 Area of regional interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
8 Priority agricultural area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
9 Priority living area. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
10 Strategic cropping area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
11 Strategic environmental area . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Subdivision 3 Definitions about Acts and authorities under them
12 Resource Act and resource activity . . . . . . . . . . . . . . . . . . . . . . . 13
13 Resource authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
14 Environmental authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
15 Authority holder . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Subdivision 4 Definition about other regulated activities
16 Regulated activity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Subdivision 5 References in provisions
17 References in provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Regional Planning Interests Bill 2013
Contents
Part 2 Restrictions on resource activities in areas of regional
interest
Division 1 Restrictions
18 Restrictions on carrying out resource activity or regulated activity 16
19 Failure to comply with conditions . . . . . . . . . . . . . . . . . . . . . . . . . 17
20 Carrying out exempt resource activity without notice . . . . . . . . . . 17
21 Emergency activity defence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Division 2 Exempt resource activities
22 Exemption: agreement of land owner. . . . . . . . . . . . . . . . . . . . . . 18
23 Exemption: activity carried out for less than 1 year . . . . . . . . . . . 19
24 Exemption: pre-existing resource activity . . . . . . . . . . . . . . . . . . . 20
25 Exemption: small scale mining activity . . . . . . . . . . . . . . . . . . . . . 21
26 Notice requirement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Part 3 Regional interests authorities
Division 1 Preliminary
27 Meaning of assessing agency and assessor . . . . . . . . . . . . . . . . 22
28 When does a resource activity or regulated activity impact an area
of regional interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Division 2 Applying
29 Who may apply for regional interests authority . . . . . . . . . . . . . . 23
30 Requirements for making assessment application . . . . . . . . . . . . 23
31 Owner of land given copy of assessment application. . . . . . . . . . 23
Division 3 Amending or withdrawing
32 Amending . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
33 Withdrawal of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Division 4 Public notification of particular applications
34 Application of div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
35 Applicant must notify . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
36 Consequence of failure to notify . . . . . . . . . . . . . . . . . . . . . . . . . . 26
37 Properly made submissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
38 Submissions must be published or available for inspection . . . . . 27
Division 5 Referral to assessing agency
39 Application of div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
40 Assessing agency's functions. . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
41 Assessing agency's assessment of application . . . . . . . . . . . . . . 28
42 Assessing agency's response to application . . . . . . . . . . . . . . . . 29
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Regional Planning Interests Bill 2013
Contents
43 Ministerial directions to assessing agency . . . . . . . . . . . . . . . . . . 30
Division 6 Additional information etc. for application
44 Requirement notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
45 Consequence of noncompliance with requirement notice . . . . . . 32
46 Additional advice or comment about assessment application . . . 32
Division 7 Deciding application
47 Chief executive must decide application. . . . . . . . . . . . . . . . . . . . 33
48 Decision generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
49 Criteria for decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
50 Compliance with assessing agency's response . . . . . . . . . . . . . . 34
51 Conditions generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Division 8 Steps after deciding application
52 Notice about decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
53 Public notification of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
54 Issuing authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
55 When authority takes effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Division 9 Miscellaneous
56 Regional interests conditions paramount . . . . . . . . . . . . . . . . . . . 36
Part 4 Mitigation
Division 1 Provisions for SCL mitigation conditions
57 Application of pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
58 What is mitigated SCL land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
59 What is mitigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
60 What are mitigation measures . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
61 What is a mitigation deed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
62 What are the mitigation criteria. . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Division 2 Mitigation fund
63 Mitigation fund continued . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
64 Purpose and administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
65 Payments from fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
66 Reporting requirement for mitigation measures . . . . . . . . . . . . . . 39
Division 3 Miscellaneous provisions
67 Mitigation deed binds holder's successors . . . . . . . . . . . . . . . . . . 40
Part 5 Appeals
68 Definitions for pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
69 Appeal to Planning and Environment Court . . . . . . . . . . . . . . . . . 41
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Regional Planning Interests Bill 2013
Contents
70 Appeal period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
71 Respondent for appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
72 Stay of operation of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Part 6 Miscellaneous provisions
Division 1 Evidence
73 Evidentiary aids generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Division 2 Offence proceedings
74 Division of offences against Act . . . . . . . . . . . . . . . . . . . . . . . . . . 44
75 Proceedings for indictable offences . . . . . . . . . . . . . . . . . . . . . . . 44
76 Limitation on who may summarily hear indictable offence
proceedings ..................................... 45
77 Proceeding for summary offences . . . . . . . . . . . . . . . . . . . . . . . . 45
78 Alternative offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
Division 3 Investigation and enforcement
79 Authorised persons under the Vegetation Management Act 1999 47
80 Authorised persons under a Local Government Act. . . . . . . . . . . 47
81 Authorised persons under the Environmental Protection Act . . . . 48
82 Ministerial direction to investigate. . . . . . . . . . . . . . . . . . . . . . . . . 48
Division 4 General
83 Guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
84 No compensation because of Act. . . . . . . . . . . . . . . . . . . . . . . . . 49
85 Delegation by chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
86 Protection of officials from liability . . . . . . . . . . . . . . . . . . . . . . . . 49
87 Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
88 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
Part 7 Repeal
89 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
Part 8 Transitional provisions for repeal of Strategic Cropping
Land Act 2011
90 Definitions for pt 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
91 Application for SCL protection decision . . . . . . . . . . . . . . . . . . . . 51
92 SCL protection decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
93 SCL compliance certificate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
94 Mitigation requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
95 Right of appeal on commencement . . . . . . . . . . . . . . . . . . . . . . . 53
96 Appeals started at commencement . . . . . . . . . . . . . . . . . . . . . . . 54
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Regional Planning Interests Bill 2013
Contents
97 Stop work notices and restoration notices . . . . . . . . . . . . . . . . . . 54
Part 9 Amendment of Environmental Protection Act 1994
98 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
99 Amendment of ch 5, hdg (Environmental authorities and
environmentally relevant activities). . . . . . . . . . . . . . . . . . . . . . . . 55
100 Insertion of new s 212A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
212A Amendment of particular environmental authorities to
reflect regional interests authority conditions . . . . . . . 55
101 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 56
Schedule 1 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
Page 5
2013
A Bill
for
An Act to manage the impact of resource activities and other
regulated activities on areas of the State that contribute, or are
likely to contribute, to Queensland's economic, social and
environmental prosperity
Regional Planning Interests Bill 2013
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Division 1 Introduction 3
1 Short title 4
This Act may be cited as the Regional Planning Interests Act 5
2013. 6
2 Commencement 7
This Act commences on a day to be fixed by proclamation. 8
Division 2 Purposes and application of Act 9
3 Purposes and achievement 10
(1) The purposes of this Act are to-- 11
(a) identify areas of Queensland that are of regional interest 12
because they contribute, or are likely to contribute, to 13
Queensland's economic, social and environmental 14
prosperity; and 15
(b) give effect to the policies about matters of State interest 16
stated in regional plans; and 17
(c) manage, including in ways identified in regional plans-- 18
(i) the impact of resource activities and other 19
regulated activities on areas of regional interest; 20
and 21
(ii) the coexistence, in areas of regional interest, of 22
resource activities and other regulated activities 23
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Regional Planning Interests Bill 2013
Part 1 Preliminary
[s 4]
with other activities, including, for example, highly 1
productive agricultural activities. 2
(2) To achieve its purposes, this Act provides for a transparent 3
and accountable process for the impact of proposed resource 4
activities on areas of regional interest to be assessed and 5
managed. 6
4 Act binds all persons 7
(1) This Act binds all persons, including the State and, to the 8
extent the legislative power of the Parliament permits, the 9
Commonwealth and the other States. 10
(2) However, the Commonwealth or a State can not be prosecuted 11
for an offence against this Act. 12
5 Relationship with resource Acts and Environmental 13
Protection Act 14
(1) This Act applies despite any resource Act, the Environmental 15
Protection Act, the Sustainable Planning Act 2009 or the 16
Water Act 2000 (each the other Act). 17
(2) A restriction or requirement under this Act applies as well as 18
any restriction or requirement under the other Act. 19
Note-- 20
See also section 56 (Regional interests conditions paramount). 21
Division 3 Interpretation 22
Subdivision 1 Dictionary 23
6 Dictionary 24
The dictionary in schedule 1 defines particular words used in 25
this Act. 26
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Regional Planning Interests Bill 2013
Part 1 Preliminary
[s 7]
Note-- 1
For the meanings of some words in particular contexts, see also section 2
17. 3
Subdivision 2 Definitions about areas of regional 4
interest 5
7 Area of regional interest 6
Each of the following is an area of regional interest-- 7
(a) a priority agricultural area; 8
(b) a priority living area; 9
(c) a strategic cropping area; 10
(d) a strategic environmental area. 11
8 Priority agricultural area 12
(1) A priority agricultural area is an area-- 13
(a) shown on a map in a regional plan as a priority 14
agricultural area; or 15
(b) prescribed under a regulation. 16
(2) However, an area (the proposed area) may only be shown as, 17
or prescribed to be, a priority agricultural area if it includes 18
any 1 or more of the following-- 19
(a) an area used for a priority agricultural land use; 20
(b) an area that contains a source of water, or infrastructure 21
for supplying water, necessary for the ongoing use of 22
land in the proposed area for a priority agricultural land 23
use; 24
(c) an area, if the carrying out of a resource activity or 25
regulated activity in the area is likely to have a negative 26
impact on a water source mentioned in paragraph (b). 27
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Regional Planning Interests Bill 2013
Part 1 Preliminary
[s 9]
(3) A priority agricultural land use is highly productive 1
agriculture-- 2
(a) of a type identified in a regional plan for an area of 3
regional interest; or 4
(b) of a type prescribed under a regulation for an area of 5
regional interest. 6
9 Priority living area 7
A priority living area is an area-- 8
(a) shown on a map in a regional plan as a priority living 9
area; and 10
(b) that includes the existing settled area of a city, town or 11
other community and other areas necessary or 12
desirable-- 13
(i) for the future growth of the existing settled area; 14
and 15
(ii) as a buffer between the existing or a future settled 16
area and resource activities. 17
10 Strategic cropping area 18
(1) A strategic cropping area is an area shown on the SCL trigger 19
map as strategic cropping land or potential strategic cropping 20
land. 21
(2) Strategic cropping land is land that is highly suitable for 22
cropping. 23
(3) Potential strategic cropping land is land that is likely to be 24
highly suitable for cropping. 25
(4) Land is highly suitable for cropping if the land complies with 26
the criteria prescribed under a regulation for determining 27
whether land is highly suitable for cropping based on a 28
combination of soil, climate and landscape features. 29
(5) In this section-- 30
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Regional Planning Interests Bill 2013
Part 1 Preliminary
[s 11]
cropping includes the following-- 1
(a) the yield of any form of cultivated crop for any purpose, 2
including, for example, for food, as fibre, for fodder or 3
medicinal purposes; 4
(b) the growing of trees to produce, or as a component for, 5
food, fibre or a medicinal product; 6
(c) harvesting a timber plantation. 7
SCL trigger map means the electronic map called `Trigger 8
Map for Strategic Cropping Land in Queensland' approved by 9
the chief executive (natural resources) and published on the 10
website of the natural resources department. 11
11 Strategic environmental area 12
(1) A strategic environmental area is an area with strategic 13
environmental value-- 14
(a) shown on a map in a regional plan as a strategic 15
environmental area; or 16
(b) prescribed under a regulation. 17
Examples-- 18
· the channel rivers of western Queensland 19
· an area providing biophysical functions for sensitive plant and 20
animal species 21
· an area supporting particular ecological processes, natural systems 22
and habitats 23
(2) In this section-- 24
environmental value see the Environmental Protection Act, 25
section 9. 26
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Regional Planning Interests Bill 2013
Part 1 Preliminary
[s 12]
Subdivision 3 Definitions about Acts and 1
authorities under them 2
12 Resource Act and resource activity 3
(1) A resource Act is any of the following-- 4
(a) Geothermal Energy Act 2010; 5
(b) Greenhouse Gas Storage Act 2009; 6
(c) Mineral Resources Act 1989; 7
(d) Petroleum Act 1923; 8
(e) Petroleum and Gas (Production and Safety) Act 2004. 9
(2) A resource activity is-- 10
(a) an activity for which a resource authority is required to 11
lawfully carry out; or 12
(b) for a provision about a resource authority or proposed 13
resource authority--an authorised activity for the 14
authority or proposed authority (if granted) under the 15
relevant resource Act. 16
(3) In this Act, a reference to a resource activity includes a 17
reference to the carrying out of the activity. 18
(4) In this section-- 19
relevant resource Act means the resource Act under which 20
the authority is granted, or the proposed authority will, if 21
granted, be granted. 22
13 Resource authority 23
A resource authority is any of the following-- 24
(a) a geothermal tenure under the Geothermal Energy Act 25
2010; 26
(b) a GHG authority under the Greenhouse Gas Storage Act 27
2009; 28
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Regional Planning Interests Bill 2013
Part 1 Preliminary
[s 14]
(c) a mining tenement or an approval that grants rights over 1
land under the Mineral Resources Act 1989; 2
(d) a 1923 Act petroleum tenure under the Petroleum Act 3
1923; 4
(e) a petroleum authority under the Petroleum and Gas 5
(Production and Safety) Act 2004; 6
(f) a licence, permit, pipeline licence, primary licence, 7
secondary licence or special prospecting authority 8
granted under the Petroleum (Submerged Lands) Act 9
1982. 10
14 Environmental authority 11
An environmental authority is an environmental authority as 12
defined under the Environmental Protection Act, schedule 4. 13
15 Authority holder 14
An authority holder, for a provision about a resource activity, 15
is the person who holds a resource authority or an 16
environmental authority for the resource activity. 17
Subdivision 4 Definition about other regulated 18
activities 19
16 Regulated activity 20
A regulated activity, for an area of regional interest, is an 21
activity-- 22
(a) likely to have an impact on the area of regional interest; 23
and 24
(b) prescribed under a regulation for the area. 25
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Regional Planning Interests Bill 2013
Part 1 Preliminary
[s 17]
Subdivision 5 References in provisions 1
17 References in provisions 2
(1) This section applies for any provision of this Act. 3
(2) A reference to an application for a resource authority includes 4
a reference to an application for any of the following for an 5
existing resource authority-- 6
(a) an amendment; 7
(b) a renewal; 8
(c) a re-grant. 9
(3) A reference to an application for an environmental authority 10
includes a reference to an application for a major amendment 11
to the environmental authority. 12
(4) For a provision about an assessment application-- 13
(a) a reference to the applicant, or to a person who may 14
make an application, includes a reference to the 15
following-- 16
(i) the person who has made or may make the 17
application; 18
(ii) anyone else in whom the benefit of the application 19
vests from time to time; and 20
(b) a reference to the land is a reference to the land the 21
subject of the application; and 22
(c) if the application is about a resource activity or 23
regulated activity--a reference to the activity is a 24
reference to the activity the subject of the application; 25
and 26
(d) a reference to the regional interests authority is a 27
reference to the authority issued, or that may be issued, 28
as a result of the application. 29
(5) For a provision about a decision, a reference to the land is a 30
reference to the land the subject of the decision. 31
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Regional Planning Interests Bill 2013
Part 2 Restrictions on resource activities in areas of regional interest
[s 18]
(6) For a provision about a regional interests authority, resource 1
authority or environmental authority, a reference to the land is 2
a reference to the land the subject of the authority or to which 3
it attaches. 4
(7) In this section-- 5
major amendment, for an application to amend an 6
environmental authority, means the amendment proposed in 7
the application if-- 8
(a) an assessment level decision for the application has been 9
made under the Environmental Protection Act, section 10
228; and 11
(b) the decision is that the proposed amendment is a major 12
amendment under that Act. 13
Part 2 Restrictions on resource 14
activities in areas of regional 15
interest 16
Division 1 Restrictions 17
18 Restrictions on carrying out resource activity or 18
regulated activity 19
(1) A person must not wilfully carry out, or allow the carrying out 20
of, a resource activity or regulated activity in an area of 21
regional interest unless the person holds, or is acting under, a 22
regional interests authority for the activity. 23
Maximum penalty--6250 penalty units or 5 years 24
imprisonment. 25
(2) A person must not carry out, or allow the carrying out of, a 26
resource activity or regulated activity in an area of regional 27
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Regional Planning Interests Bill 2013
Part 2 Restrictions on resource activities in areas of regional interest
[s 19]
interest unless the person holds, or is acting under, a regional 1
interests authority for the activity. 2
Maximum penalty--4500 penalty units. 3
(3) Subsection (2) is an alternative offence for subsection (1). 4
Note-- 5
For the effect of subsection (3), see section 78. 6
(4) This section does not apply to a resource activity that is an 7
exempt resource activity for the area of regional interest. 8
19 Failure to comply with conditions 9
(1) This section applies to a person who is the holder of, or is 10
acting under, a regional interests authority. 11
(2) The person must not wilfully contravene a condition of the 12
authority. 13
Maximum penalty--6250 penalty units or 5 years 14
imprisonment. 15
(3) The person must not contravene a condition of the authority. 16
Maximum penalty--4500 penalty units. 17
(4) Subsection (3) is an alternative offence for subsection (1). 18
Note-- 19
For the effect of subsection (3), see section 78. 20
20 Carrying out exempt resource activity without notice 21
A person must not carry out, or allow the carrying out of, an 22
exempt resource activity in an area of regional interest unless 23
the person has complied with the notice requirement under 24
section 26 for the activity. 25
Maximum penalty--500 penalty units. 26
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Regional Planning Interests Bill 2013
Part 2 Restrictions on resource activities in areas of regional interest
[s 21]
21 Emergency activity defence 1
It is a defence to a proceeding for an offence against this part 2
for the defendant to prove-- 3
(a) the carrying out of the resource activity or regulated 4
activity was because of an emergency endangering-- 5
(i) the life or health of a person; or 6
(ii) the structural safety of a building or structure or the 7
safety of infrastructure; and 8
(b) the defendant gave the department notice of the activity 9
as soon as practicable after starting it; and 10
(c) the defendant took all reasonable steps-- 11
(i) to ensure the impact of the activity on the regional 12
priority area is restorable; or 13
(ii) if the impact is not restorable--to limit the impact. 14
Division 2 Exempt resource activities 15
22 Exemption: agreement of land owner 16
(1) This section applies if the authority holder for a resource 17
activity is not the owner of the land (the land owner). 18
(2) The resource activity is an exempt resource activity for a 19
priority agricultural area if-- 20
(a) either-- 21
(i) if a conduct and compensation agreement 22
requirement applies to the authority holder under a 23
resource Act-- 24
(A) the land owner and the authority holder are 25
parties to a conduct and compensation 26
agreement under the resource Act, other than 27
because of the order of a court; and 28
(B) the authority holder has complied with the 29
requirement; or 30
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Part 2 Restrictions on resource activities in areas of regional interest
[s 23]
(ii) the land owner has voluntarily entered into a 1
written agreement with the authority holder and the 2
carrying out of the activity is consistent with the 3
agreement; and 4
(b) the activity is not likely to have a significant impact on 5
the priority agricultural area; and 6
(c) the activity is not likely to have an impact on land 7
owned by a person other than the land owner. 8
(3) For subsection (2)(c), a resource activity has an impact on 9
land if the activity has an impact on the suitability of the land 10
to be used for priority agricultural land use. 11
23 Exemption: activity carried out for less than 1 year 12
(1) A resource activity is an exempt resource activity for a 13
priority agricultural area or a strategic cropping area if-- 14
(a) the activity is being carried out during the 12-month 15
exemption period for the resource authority; and 16
(b) any impact of the activity on the area is restored within 17
the 12-month exemption period; and 18
(c) the activity is not likely to have an impact on the area 19
after the 12-month exemption period; and 20
(d) for a strategic cropping area--the activity is being 21
carried out in compliance with the management 22
practices prescribed under a regulation. 23
(2) In this section-- 24
12-month exemption period, for a resource authority, means 25
the period-- 26
(a) starting on the day when the first activity under the 27
authority starts to be carried out on the land; and 28
(b) ending on the first anniversary of that day. 29
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Part 2 Restrictions on resource activities in areas of regional interest
[s 24]
24 Exemption: pre-existing resource activity 1
(1) A resource activity is an exempt resource activity for an area 2
of regional interest if-- 3
(a) the activity is being carried out-- 4
(i) on land in the area; and 5
(ii) in accordance with a resource activity work plan; 6
and 7
(b) the land was not in an area of regional interest when the 8
resource activity work plan took effect. 9
(2) Subsection (1) does not apply to a resource activity if the 10
activity is being carried out-- 11
(a) in a part of a priority agricultural area mentioned in 12
section 8(2)(b) or (c); and 13
(b) under a CMA tenure prescribed under a regulation. 14
(3) In this section-- 15
CMA tenure see the Water Act 2000, section 362. 16
plan of operations see the Environmental Protection Act, 17
section 285. 18
resource activity work plan, for a resource activity, means the 19
following for the resource authority under which it is being 20
carried out-- 21
(a) for a geothermal permit under the Geothermal Energy 22
Act 2010--a work program for the activity under section 23
24 of that Act; 24
(b) for a GHG permit under the Greenhouse Gas Storage 25
Act 2009--a work program for the activity under section 26
24 of that Act; 27
(c) for an authority to prospect under the Petroleum and 28
Gas (Production and Safety) Act 2004--a work program 29
for the activity under section 23 of that Act; 30
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Part 2 Restrictions on resource activities in areas of regional interest
[s 25]
(d) for an authority to prospect under the Petroleum Act 1
1923--a work program for the activity under section 2 2
of that Act; 3
(e) for a mining lease under the Mineral Resources Act 4
1989 or a petroleum lease under the Petroleum and Gas 5
(Production and Safety) Act 2004--a plan of operations 6
for the activity given to the administering authority 7
under the Environmental Protection Act, section 287; 8
(f) for a mining claim under the Mineral Resources Act 9
1989--a work program for the activity under schedule 2 10
of that Act; 11
(g) for a mineral development licence under the Mineral 12
Resources Act 1989--a statement about the activities to 13
be carried out under the licence approved by the 14
Minister under that Act, section 186(3)(b). 15
25 Exemption: small scale mining activity 16
A resource activity is an exempt resource activity for an area 17
of regional interest if the activity is a small scale mining 18
activity within the meaning of the Environmental Protection 19
Act. 20
26 Notice requirement 21
(1) An authority holder for an exempt resource activity to be 22
carried out in an area of regional interest must give the chief 23
executive notice, in the approved form, of the authority 24
holder's intention to carry out the activity in the area. 25
(2) A notice for a resource activity that is an exempt resource 26
activity under section 23 must be accompanied by a document 27
stating the authority holder's plan for completing the activity 28
and restoring the area in the period mentioned in section 23. 29
(3) This section does not apply to a resource activity that is an 30
exempt resource activity under section 24. 31
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Regional Planning Interests Bill 2013
Part 3 Regional interests authorities
[s 27]
Part 3 Regional interests authorities 1
Division 1 Preliminary 2
27 Meaning of assessing agency and assessor 3
(1) An assessing agency for an assessment application is an 4
entity prescribed under a regulation. 5
Example-- 6
A local government may be prescribed to be an assessment agency for 7
an assessment application relating to a priority living area in the local 8
government's area. 9
(2) Each of the following is an assessor for an assessment 10
application-- 11
(a) the chief executive; 12
(b) if the application is referable--an assessing agency for 13
the application. 14
28 When does a resource activity or regulated activity 15
impact an area of regional interest 16
In this Act, a resource activity or a regulated activity has an 17
impact on an area of regional interest if the impact-- 18
(a) affects-- 19
(i) a feature, quality, characteristic or other attribute of 20
the area; or 21
(ii) the suitability of land in the area to be used for a 22
particular purpose; and 23
(b) relates to a matter mentioned in the following-- 24
(i) for a priority agricultural area--section 8(2)(a) to 25
(c); 26
(ii) for a priority living area--section 9(a); 27
(iii) for a strategic cropping area--section 10(1); 28
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Regional Planning Interests Bill 2013
Part 3 Regional interests authorities
[s 29]
(iv) for a strategic environmental area--section 1
11(1)(a). 2
Division 2 Applying 3
29 Who may apply for regional interests authority 4
(1) An eligible person (the applicant) may apply for a regional 5
interests authority for a resource activity to be carried out in 6
an area of regional interest (an assessment application). 7
(2) Also, a person (also the applicant) who intends to carry out a 8
regulated activity in an area of regional interest may apply for 9
a regional interests authority for the activity to be carried out 10
in the area (also an assessment application). 11
(3) In this section-- 12
eligible person means a person who holds, or has applied or 13
may apply for, an environmental authority or resource 14
authority (the relevant authorities) for the resource activity. 15
30 Requirements for making assessment application 16
An assessment application must be-- 17
(a) made to the chief executive in the approved form; and 18
(b) accompanied by a report-- 19
(i) assessing the resource activity or regulated 20
activity's impact on the area of regional interest; 21
and 22
(ii) identifying any constraints on the configuration or 23
operation of the activity; and 24
(c) accompanied by the fee prescribed under a regulation. 25
31 Owner of land given copy of assessment application 26
(1) This section applies to an assessment application if-- 27
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Regional Planning Interests Bill 2013
Part 3 Regional interests authorities
[s 32]
(a) the application is not notifiable; and 1
(b) the applicant is not the owner of the land. 2
(2) The applicant must give the owner a copy of the application 3
within 5 business days after the application is made. 4
Division 3 Amending or withdrawing 5
32 Amending 6
(1) The applicant may amend an assessment application to do the 7
following (a permitted amendment) if the amended 8
application complies with section 30-- 9
(a) make a minor amendment; 10
(b) make an amendment the chief executive is satisfied 11
would not adversely affect the chief executive's ability 12
to decide the amended application. 13
(2) A permitted amendment-- 14
(a) may be made at any time before the application is 15
decided; and 16
(b) must be made by notice to the chief executive. 17
(3) An assessment application can not be amended other than to 18
make a permitted amendment. 19
33 Withdrawal of application 20
(1) The applicant may give the chief executive a notice 21
withdrawing an assessment application at any time before it is 22
decided. 23
(2) The withdrawal takes effect when the notice is given. 24
(3) The chief executive may, but need not, refund all or part of 25
any fee paid for the application if it is withdrawn. 26
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Regional Planning Interests Bill 2013
Part 3 Regional interests authorities
[s 34]
Division 4 Public notification of particular 1
applications 2
34 Application of div 4 3
(1) This division applies to a notifiable assessment application. 4
(2) An assessment application is notifiable if-- 5
(a) a regulation prescribes it as notifiable; and 6
(b) it has not been granted an exemption by the chief 7
executive under subsection (3). 8
(3) The chief executive may, on the written request of the 9
applicant, grant an exemption from notification for an 10
assessment application if satisfied there has been sufficient 11
notification under another Act or law of the resource activity 12
to the public. 13
(4) An assessment application is also notifiable if an assessor has 14
given the applicant a requirement notice requiring the 15
applicant to notify the application under this division. 16
35 Applicant must notify 17
(1) The applicant must-- 18
(a) publish a notice about the assessment application in the 19
way prescribed under a regulation; and 20
(b) if the applicant is not the owner of the land--give the 21
owner a notice about the application. 22
(2) The notice must-- 23
(a) be in the approved form; and 24
(b) state the following-- 25
(i) that submissions about the assessment application 26
may be made to an assessor for the application; 27
(ii) the day by which submissions about the 28
application must be received (the closing day); 29
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Regional Planning Interests Bill 2013
Part 3 Regional interests authorities
[s 36]
(iii) that the making of a submission does not give rise 1
to a right of appeal against a decision about the 2
application. 3
(3) The approved form must include information about the way in 4
which submissions must be lodged with an assessor for the 5
application, including whether the submissions may be made 6
electronically. 7
(4) The closing day must be a day that is after the end of the 8
notification period prescribed under a regulation for the 9
application. 10
36 Consequence of failure to notify 11
(1) This section applies if the applicant has not complied with 12
section 35 within the period that ends-- 13
(a) 20 business days after the day the assessment 14
application was made; or 15
(b) on a later day decided by an assessor for the application 16
by notice. 17
(2) The chief executive may-- 18
(a) if the chief executive considers there is enough 19
information about the relevant matters for the 20
application--decide the application on the basis of that 21
information; or 22
(b) refuse to decide the application until the applicant has 23
complied with section 35 to the chief executive's 24
satisfaction; or 25
(c) decide the application is lapsed. 26
(3) If the application is a notifiable application because of a 27
requirement notice made by the assessing agency, the 28
assessing agency may-- 29
(a) if it considers there is enough information about the 30
relevant matters for the application--give its response 31
for the application; or 32
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Regional Planning Interests Bill 2013
Part 3 Regional interests authorities
[s 37]
(b) refuse to assess the application until the applicant has 1
complied with section 35 to the assessing agency's 2
satisfaction. 3
(4) The assessing agency must give the chief executive notice of 4
the refusal. 5
37 Properly made submissions 6
A submission about an assessment application is properly 7
made if the submission-- 8
(a) is in writing; and 9
(b) states the name of each person who made the 10
submission; and 11
(c) states an address for service for at least 1 of the persons 12
who made the submission; and 13
(d) is received by the closing day for making submissions; 14
and 15
(e) is made to an assessor for the application in the way 16
stated in the notice about the application. 17
38 Submissions must be published or available for 18
inspection 19
(1) This section applies to each submission about an assessment 20
application that is properly made. 21
(2) The assessor for the application must, within 5 business days 22
after the application is decided under section 48-- 23
(a) publish a copy of the submission on the assessor's 24
website; or 25
(b) make the submission available at the assessor's office 26
for inspection. 27
(3) If a submission is available for inspection at the assessor's 28
office, a person may-- 29
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Regional Planning Interests Bill 2013
Part 3 Regional interests authorities
[s 39]
(a) inspect the submission free of charge at any time the 1
office is open for business; and 2
(b) obtain a copy of the submission, or part of the 3
submission, from the assessor. 4
(4) The assessor may charge a person for supplying a copy of the 5
submission, or part of the submission. 6
(5) The charge must not be more than the cost to the assessor of 7
making and supplying the copy. 8
(6) In this section-- 9
office, of an assessor, means-- 10
(a) if the assessor is an assessing agency--the assessing 11
agency's office and any other place decided by the 12
assessing agency; or 13
(b) if the assessor is the chief executive--the department's 14
office and any other place approved by the chief 15
executive. 16
Division 5 Referral to assessing agency 17
39 Application of div 5 18
(1) This division applies to a referable assessment application. 19
(2) An assessment application is referable if a regulation 20
prescribes the application as referable. 21
40 Assessing agency's functions 22
An assessing agency has, for assessing and responding to the 23
part of the application giving rise to the referral, the functions 24
prescribed under a regulation. 25
41 Assessing agency's assessment of application 26
(1) The chief executive must give the assessing agency for the 27
application a copy of the application. 28
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Regional Planning Interests Bill 2013
Part 3 Regional interests authorities
[s 42]
(2) The assessing agency must, within the limits of its functions, 1
assess the application and, in doing so, consider all of the 2
following-- 3
(a) the extent of the expected impact of the resource activity 4
or regulated activity on the area of regional interest; 5
(b) any criteria for the decision prescribed under a 6
regulation; 7
(c) if the assessment is for a notifiable assessment 8
application--all properly made submissions received by 9
the assessing agency about the application; 10
(d) if the assessing agency is a local government--any 11
criteria under the local government's planning scheme 12
for assessing the application. 13
42 Assessing agency's response to application 14
(1) The assessing agency may give the chief executive a response 15
to the application. 16
(2) The response may, within the limits of the assessing agency's 17
functions-- 18
(a) do any or all of the following-- 19
(i) recommend conditions (each an assessing agency 20
condition) to form part of any regional interests 21
approval; 22
Note-- 23
Under section 51(1)(a), a condition may, among other 24
things, limit or restrict the carrying out of a resource 25
activity or regulated activity on the land or part of it. 26
(ii) recommend the refusal of all or part of the 27
application; 28
(iii) provide advice about the application; or 29
(b) tell the chief executive that the assessing agency has no 30
requirements or advice relating to the application. 31
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Regional Planning Interests Bill 2013
Part 3 Regional interests authorities
[s 43]
(3) However, the response may only be given within the later of 1
the following periods to end-- 2
(a) 20 business days after the assessing agency received the 3
application; 4
(b) any longer period decided by the chief executive. 5
(4) If the response includes assessing agency conditions or 6
refusing all or part of an application, it must include reasons 7
for the conditions or the refusal. 8
(5) If the assessment application is notifiable and section 36(2)(a) 9
or (3)(a) does not apply, the assessing agency's response must 10
not be given to the chief executive before the closing day for 11
submissions about the application. 12
(6) The assessing agency must give the applicant a copy of the 13
response. 14
43 Ministerial directions to assessing agency 15
(1) The Minister may, by notice, give a direction to an assessing 16
agency for an assessment application-- 17
(a) if the Minister is satisfied its response is not within its 18
functions--to reissue its response in a stated way and 19
within a stated period to ensure the response is within 20
the functions; or 21
(b) if the Minister is satisfied the assessing agency has not 22
assessed the application under this Act--to issue or 23
reissue its response in a stated way and within a stated 24
period to ensure the assessing agency has assessed the 25
application under this Act. 26
(2) The Minister may give the direction even if the agency's 27
assessment period for the assessment application has ended 28
under section 42(3). 29
(3) The direction must state the reasons for the decision to give it. 30
(4) The Minister must give the applicant a copy of the direction. 31
(5) The assessing agency must comply with the direction. 32
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Regional Planning Interests Bill 2013
Part 3 Regional interests authorities
[s 44]
(6) If the Minister gives the direction, the chief executive can not 1
decide the assessment application until the assessing agency's 2
response is reissued. 3
Division 6 Additional information etc. for 4
application 5
44 Requirement notice 6
(1) An assessor for an assessment application may, by notice, 7
require (a requirement notice) the applicant to do all or any of 8
the following within a stated reasonable period-- 9
(a) complete or correct the application if it appears to an 10
assessor to be incorrect, incomplete or defective; 11
(b) give an assessor additional information about, or 12
relevant to, the application; 13
(c) notify the application under division 4; 14
(d) give an assessor an independent report by an 15
appropriately qualified person, or a statutory 16
declaration, verifying all or any of the following-- 17
(i) any information included in the application; 18
(ii) any additional information required under 19
paragraph (b). 20
(2) The requirement notice may require the statutory 21
declaration-- 22
(a) to be made by an appropriately qualified independent 23
person or by the applicant; and 24
(b) if the applicant is a corporation--to be made for the 25
applicant by an executive officer of the applicant 26
corporation. 27
(3) The applicant must bear any costs incurred in complying with 28
the requirement notice. 29
(4) An assessor may extend the stated period. 30
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Regional Planning Interests Bill 2013
Part 3 Regional interests authorities
[s 45]
45 Consequence of noncompliance with requirement notice 1
(1) This section applies if a requirement notice has, in the opinion 2
of the assessor that gave it, been contravened. 3
(2) The chief executive may, if the requirement notice was made 4
by the chief executive or the chief executive receives a notice 5
under subsection (4)-- 6
(a) if the chief executive considers there is enough 7
information about the relevant matters for the 8
application--decide the application on the basis of that 9
information; or 10
(b) refuse to decide the application until the requirement 11
notice is complied with to the chief executive's 12
satisfaction; or 13
(c) decide the application is lapsed. 14
(3) If the assessor was the assessing agency, it may-- 15
(a) if it considers there is enough information about the 16
relevant matters--give its response to the application; or 17
(b) refuse to assess the application until the requirement 18
notice is complied with to its satisfaction. 19
(4) The assessing agency must give the chief executive notice of 20
the refusal. 21
46 Additional advice or comment about assessment 22
application 23
The chief executive or an assessing agency may ask any 24
person for advice or comment about an assessment 25
application. 26
Example-- 27
The chief executive may appoint a panel of experts to provide advice to 28
the chief executive about an assessment application or a particular 29
matter relevant to the application. 30
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Regional Planning Interests Bill 2013
Part 3 Regional interests authorities
[s 47]
Division 7 Deciding application 1
47 Chief executive must decide application 2
(1) The chief executive must consider and decide under this 3
division each assessment application. 4
(2) If the application is notifiable and section 36(2)(a) does not 5
apply, a decision can not be made about the application before 6
the closing day for submissions. 7
48 Decision generally 8
(1) The chief executive must decide to-- 9
(a) approve all or part of the application and grant a 10
regional interests authority; or 11
(b) refuse the application. 12
(2) If the chief executive decides to grant a regional interests 13
authority, the chief executive may also decide to grant the 14
authority with conditions (each a regional interests 15
condition). 16
(3) To remove any doubt, it is declared that if the chief executive 17
approves only part of an application, the balance of the 18
application is refused. 19
49 Criteria for decision 20
(1) In deciding an assessment application, the chief executive 21
must consider all of the following-- 22
(a) the extent of the expected impact of the resource activity 23
or regulated activity on the area of regional interest; 24
(b) any criteria for the decision prescribed under a 25
regulation; 26
(c) if the decision is for a notifiable assessment 27
application--all properly made submissions received by 28
the chief executive about the application; 29
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Regional Planning Interests Bill 2013
Part 3 Regional interests authorities
[s 50]
(d) if the decision is for a referable assessment 1
application--any advice about the application included 2
in an assessing agency's response. 3
(2) Also, the chief executive may consider any other matter the 4
chief executive considers relevant. 5
50 Compliance with assessing agency's response 6
(1) This section applies if the assessing agency for a referable 7
assessment is a local government 8
(2) If the local government has given its response to the 9
application (other than just advice), the chief executive must 10
give effect to any recommendations in the response. 11
51 Conditions generally 12
(1) A regional interests condition may-- 13
(a) limit or restrict the carrying out of a resource activity or 14
regulated activity; or 15
(b) require the applicant to install and operate stated plant 16
or equipment in a stated way within a stated period; or 17
(c) for a resource activity or regulated activity to be carried 18
out in a strategic cropping area--require the applicant to 19
have mitigation in place before carrying out the activity 20
on land in the area; or 21
(d) require the applicant to do, or refrain from doing, 22
anything else the chief executive considers is necessary 23
or desirable to achieve this Act's purposes. 24
(2) A condition under subsection (1)(c) is an SCL mitigation 25
requirement. 26
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Regional Planning Interests Bill 2013
Part 3 Regional interests authorities
[s 52]
Division 8 Steps after deciding application 1
52 Notice about decision 2
(1) As soon as practicable after deciding an assessment 3
application, the chief executive must give the applicant a 4
decision notice about the decision. 5
(2) The chief executive must give a copy of the decision notice 6
to-- 7
(a) if the applicant is not the owner of the land--the owner 8
of the land; and 9
(b) if the assessment application is referable--each 10
assessing agency for the application. 11
(3) If the applicant has applied for an environmental authority for 12
the resource activity or regulated activity, the decision notice 13
may be included in, or accompany, a notice under the 14
Environmental Protection Act for the environmental authority 15
application. 16
53 Public notification of decision 17
(1) The chief executive must, within 5 business days after 18
deciding an assessment application, publish a notice about the 19
decision-- 20
(a) on the department's website; or 21
(b) in a newspaper circulating generally in the area of the 22
land. 23
(2) The notice must-- 24
(a) identify the resource activity or regulated activity, the 25
applicant and the land; and 26
(b) briefly describe any conditions imposed on the resource 27
activity or regulated activity by the decision; and 28
(c) state that an affected land owner may appeal against the 29
decision, the period within which an appeal must be 30
started and how the right to appeal is to be exercised. 31
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Regional Planning Interests Bill 2013
Part 3 Regional interests authorities
[s 54]
54 Issuing authority 1
As soon as practicable after deciding to grant a regional 2
interests authority, the chief executive must issue the authority 3
in the approved form. 4
55 When authority takes effect 5
(1) A regional interests authority takes effect on the later of the 6
following-- 7
(a) the day after the appeal period for the decision to grant 8
the authority ends; 9
(b) another day stated in the authority. 10
(2) A decision notice for the decision to grant the authority must 11
state that the decision takes effect when the appeal period for 12
the decision ends. 13
(3) In this section-- 14
appeal period, for a decision to grant a regional interests 15
authority, means the period ending on the last day on which an 16
appeal against the decision may be started under section 17
70(1). 18
Division 9 Miscellaneous 19
56 Regional interests conditions paramount 20
(1) If there is any inconsistency between the conditions of a 21
regional interests authority and a condition of the relevant 22
authority, the conditions of the regional interests authority 23
prevail to the extent of the inconsistency. 24
(2) For subsection (1), it does not matter when the authorities or 25
conditions were granted or imposed in relation to each other. 26
Page 36
Regional Planning Interests Bill 2013
Part 4 Mitigation
[s 57]
Part 4 Mitigation 1
Division 1 Provisions for SCL mitigation 2
conditions 3
57 Application of pt 4 4
This part applies for the holder of a regional interests 5
authority if the authority includes an SCL mitigation 6
condition. 7
58 What is mitigated SCL land 8
Mitigated SCL land is the land to which the SCL mitigation 9
condition applies. 10
59 What is mitigation 11
(1) Mitigation, for mitigated SCL land, means that either of the 12
following, or a combination of the following, has taken place 13
for the land's mitigation value-- 14
(a) a payment to the mitigation fund; 15
(b) the entering into of a mitigation deed. 16
(2) The mitigation value of mitigated SCL land is the amount 17
prescribed under a regulation. 18
60 What are mitigation measures 19
(1) Mitigation measures are the carrying out of activities to 20
address the loss of the productive capacity of mitigated SCL 21
land. 22
(2) Also, for a mitigation deed, mitigation measures may include 23
a combination of activities mentioned in subsection (1) and a 24
payment to the mitigation fund. 25
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Regional Planning Interests Bill 2013
Part 4 Mitigation
[s 61]
61 What is a mitigation deed 1
A mitigation deed is a deed to which the chief executive and 2
the holder of a regional interests authority are parties that-- 3
(a) is about the mitigation value of mitigated SCL land; and 4
(b) complies with the requirements prescribed under a 5
regulation. 6
62 What are the mitigation criteria 7
(1) The mitigation criteria are that mitigation measures (under a 8
mitigation deed or under a payment from the mitigation fund) 9
must-- 10
(a) aim to increase the productivity of cropping in the State; 11
and 12
(b) provide a public, rather than a private, benefit; and 13
(c) aim to provide an enduring effect; and 14
(d) be quantifiable and able to be independently valued; and 15
(e) benefit the largest possible number of cropping 16
agribusinesses; and 17
(f) if a cropping activity or cropping system existed for 18
mitigated SCL land to which the measures 19
relate--provide a benefit to that type of activity or 20
system in the relevant local area. 21
(2) In deciding what is a relevant local area for subsection (1)(f), 22
regard must be had to catchments and local government areas. 23
Division 2 Mitigation fund 24
63 Mitigation fund continued 25
The strategic cropping land mitigation fund (the mitigation 26
fund) established under the repealed Strategic Cropping Land 27
Act 2011 is continued in existence under this Act. 28
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Regional Planning Interests Bill 2013
Part 4 Mitigation
[s 64]
64 Purpose and administration 1
(1) The mitigation fund's purpose is to record amounts received 2
under a mitigation condition and to pay amounts from it under 3
this part. 4
(2) Accounts for the mitigation fund must be kept as part of the 5
department's departmental accounts under the Financial 6
Accountability Act 2009, section 69. 7
(3) However, amounts received for the mitigation fund may be 8
deposited with other amounts of the department in its 9
departmental financial institution account under the Financial 10
Accountability Act 2009, section 83. 11
65 Payments from fund 12
(1) Amounts are payable from the mitigation fund only for-- 13
(a) mitigation measures; or 14
(b) expenses incurred by the chief executive in performing 15
functions under this part. 16
(2) However, the chief executive may make a payment for 17
mitigation measures only if the chief executive is satisfied the 18
measures comply with the mitigation criteria. 19
66 Reporting requirement for mitigation measures 20
A payment from the mitigation fund may be made only on the 21
condition that its recipient must give the chief executive 22
periodic reports about-- 23
(a) the progress of the mitigation measures funded; and 24
(b) amounts spent on the measures. 25
Page 39
Regional Planning Interests Bill 2013
Part 5 Appeals
[s 67]
Division 3 Miscellaneous provisions 1
67 Mitigation deed binds holder's successors 2
A mitigation deed binds each of the successors in law of the 3
holder of each regional interests authority who is a party to it, 4
including successors for the area of the authority. 5
Examples of successors in law-- 6
a personal representative, successor in title, assign 7
Part 5 Appeals 8
68 Definitions for pt 5 9
In this part-- 10
affected land owner, for a regional interests decision, means a 11
person who owns land (affected land) that may be adversely 12
affected by the resource activity or regulated activity because 13
of-- 14
(a) the proximity of the affected land to the land the subject 15
of the decision; and 16
(b) the impact the activity may have on an area of regional 17
interest. 18
court means the Planning and Environment Court under the 19
Sustainable Planning Act 2009. 20
regional interests decision means each of the following 21
decisions-- 22
(a) a decision to grant a regional interests authority; 23
(b) a decision to impose a condition on a regional interests 24
authority; 25
(c) a decision to refuse all or part of an assessment 26
application. 27
Page 40
Regional Planning Interests Bill 2013
Part 5 Appeals
[s 69]
69 Appeal to Planning and Environment Court 1
The following may appeal (an appeal) against a regional 2
interests decision to the court-- 3
(a) the applicant; 4
(b) if the applicant is not the owner of the land--the owner 5
of the land; 6
(c) an affected land owner. 7
70 Appeal period 8
(1) An appeal may be started only within 20 business days after-- 9
(a) for a person who received a decision notice, or a copy of 10
a decision notice, for the decision--the notice was 11
received; or 12
(b) for an affected land owner for a regional interests 13
decision--notice of the decision was published under 14
section 53. 15
(2) However, the court may at any time extend the time for 16
starting the appeal. 17
71 Respondent for appeal 18
(1) The chief executive is the respondent for the appeal. 19
(2) If the appellant is not the applicant for the decision, the 20
applicant is a co-respondent for the appeal. 21
(3) If the appellant is not the owner of the land for the decision, 22
the owner of the land may apply to the court to be a 23
co-respondent for the appeal. 24
(4) If the appeal is about an assessing agency's response, the 25
assessing agency is a co-respondent for the appeal. 26
(5) If the appeal is only about an assessing agency's response, the 27
chief executive may apply to the court to withdraw from the 28
appeal. 29
Page 41
Regional Planning Interests Bill 2013
Part 6 Miscellaneous provisions
[s 72]
72 Stay of operation of decision 1
If an appeal against a decision under this Act is started, the 2
operation of the decision is stayed until-- 3
(a) the court, on the application of a party to the appeal, 4
decides otherwise; or 5
(b) the appeal is decided, withdrawn or dismissed. 6
Part 6 Miscellaneous provisions 7
Division 1 Evidence 8
73 Evidentiary aids generally 9
(1) A certificate purporting to be signed by the chief executive 10
stating any of the following matters is evidence of the 11
matter-- 12
(a) a stated document is-- 13
(i) a direction or decision, or a copy of a direction or 14
decision, given or made under this Act; or 15
(ii) a notice or other document, or a copy of a notice or 16
other document, given under this Act; 17
(b) on a stated day, or during a stated period, a stated person 18
was or was not the holder of a regional interests 19
authority for a stated resource activity or regulated 20
activity; 21
(c) on a stated day, or during a stated period, a regional 22
interests authority-- 23
(i) was or was not in force for a stated person, 24
resource activity or regulated activity; or 25
(ii) was or was not subject to a stated condition; 26
Page 42
Regional Planning Interests Bill 2013
Part 6 Miscellaneous provisions
[s 73]
(d) on a stated day, a stated person was given a stated notice 1
or direction under this Act; 2
(e) a stated amount is payable under this Act by a stated 3
person and has not been paid. 4
(2) A certificate purporting to be signed by the chief executive 5
(environment) stating any of the following matters is evidence 6
of the matter-- 7
(a) on a stated day, or during a stated period, a stated person 8
was or was not the holder of an environmental authority 9
for a stated resource activity or regulated activity; 10
(b) on a stated day, or during a stated period, an 11
environmental authority-- 12
(i) was or was not in force for a stated person, 13
resource activity or regulated activity; or 14
(ii) was or was not subject to a stated condition. 15
(3) A certificate purporting to be signed by the chief executive of 16
a department administering a resource Act stating any of the 17
following matters is evidence of the matter-- 18
(a) on a stated day, or during a stated period, a stated person 19
was or was not the holder of a resource authority under 20
the resource Act for a stated resource activity; 21
(b) on a stated day, or during a stated period, a resource 22
authority under the resource Act-- 23
(i) was or was not in force for a stated person or 24
resource activity; or 25
(ii) was or was not subject to a stated condition. 26
Page 43
Regional Planning Interests Bill 2013
Part 6 Miscellaneous provisions
[s 74]
Division 2 Offence proceedings 1
74 Division of offences against Act 2
(1) An offence against this Act for which the maximum penalty is 3
500 penalty units or more is an indictable offence, and a 4
crime. 5
(2) Any other offence against this Act is a summary offence. 6
75 Proceedings for indictable offences 7
(1) A proceeding for an indictable offence against this Act may, at 8
the prosecution's election, be taken summarily or on 9
indictment. 10
(2) A magistrate must not hear an indictable offence summarily 11
if, at any stage of the hearing, the magistrate is satisfied-- 12
(a) the defendant, if convicted, may not be adequately 13
punished on summary conviction because of the nature 14
or seriousness of the offence; or 15
(b) on the application of the defendant, the offence should 16
not be heard summarily because of exceptional 17
circumstances. 18
(3) If subsection (2) applies-- 19
(a) the magistrate must proceed by way of an examination 20
of witnesses for an indictable offence; and 21
(b) a plea of the person charged at the start of the 22
proceeding must be disregarded; and 23
(c) evidence brought in the proceeding before the 24
magistrate decided to act under subsection (2) is taken to 25
be evidence in the proceeding for the committal of the 26
person for trial or sentence; and 27
(d) before committing the person for trial or sentence, the 28
magistrate must make a statement to the person under 29
the Justices Act 1886, section 104(2)(b). 30
Page 44
Regional Planning Interests Bill 2013
Part 6 Miscellaneous provisions
[s 76]
(4) The maximum penalty of imprisonment that may be 1
summarily imposed for an indictable offence is 100 penalty 2
units or 3 years imprisonment. 3
76 Limitation on who may summarily hear indictable offence 4
proceedings 5
(1) A proceeding must be before a magistrate if it is a 6
proceeding-- 7
(a) for the summary conviction of a person on a charge for 8
an indictable offence; or 9
(b) for an examination of witnesses for a charge for an 10
indictable offence. 11
(2) However, if a proceeding for an indictable offence is brought 12
before a justice who is not a magistrate, jurisdiction is limited 13
to taking or making a procedural action or order under the 14
Justices of the Peace and Commissioners for Declarations Act 15
1991. 16
77 Proceeding for summary offences 17
(1) A proceeding for a summary offence against this Act must 18
start within the later of the following periods to end-- 19
(a) 1 year after the commission of the offence; 20
(b) within 1 year after the offence comes to the 21
complainant's knowledge, but within 5 years after the 22
offence is committed. 23
(2) For subsection (1), an offence under part 2 does not come to 24
the complainant's knowledge merely because the complainant 25
receives a remotely sensed image that may provide evidence 26
of the offence. 27
(3) In this section-- 28
remotely sensed image means information acquired about an 29
object or phenomenon without making physical contact with 30
it. 31
Page 45
Regional Planning Interests Bill 2013
Part 6 Miscellaneous provisions
[s 78]
Example-- 1
an image obtained by using aerial sensor technology to detect or classify 2
the object or phenomenon by way of electromagnetic radiation emitted 3
from aircraft or satellites or other propagated signals 4
78 Alternative offences 5
(1) This section applies if-- 6
(a) a section of this Act provides that an offence against a 7
subsection of the section (the smaller offence) is an 8
alternative offence for an offence against another 9
subsection of the section (the larger offence); and 10
(b) in a proceeding for an offence against the larger offence, 11
the trier of fact-- 12
(i) is not satisfied the defendant is guilty of the larger 13
offence; but 14
(ii) is satisfied the defendant is guilty of the smaller 15
offence. 16
(2) The trier of fact may find the defendant guilty of the smaller 17
offence. 18
(3) If the defendant is found guilty of the smaller offence, the 19
defendant is liable to be punished for the smaller offence. 20
(4) To remove any doubt, it is declared that-- 21
(a) this section applies regardless of whether-- 22
(i) the proceeding for the larger offence is summary or 23
on indictment; or 24
(ii) the trier of fact is a judge or a jury; and 25
(b) this section applies even if an indictment for the larger 26
offence does not include the smaller offence. 27
Page 46
Regional Planning Interests Bill 2013
Part 6 Miscellaneous provisions
[s 79]
Division 3 Investigation and enforcement 1
79 Authorised persons under the Vegetation Management 2
Act 1999 3
(1) This section applies for a priority agricultural area and a 4
strategic cropping area. 5
(2) The functions of an authorised person (natural resources) 6
include to ensure compliance with this Act. 7
(3) To remove any doubt, it is declared that an authorised person 8
(natural resources) may exercise the person's powers under 9
the Vegetation Management Act 1999, part 3 (other than part 10
3, division 1, subdivisions 7 and 8) to perform the functions. 11
(4) In this section-- 12
authorised person (natural resources) means an authorised 13
officer under the Vegetation Management Act 1999. 14
80 Authorised persons under a Local Government Act 15
(1) This section applies for a priority living area. 16
(2) The functions of an authorised person (local government) 17
include to ensure compliance with this Act. 18
(3) To remove any doubt, it is declared that an authorised person 19
(local government) may, to perform the functions-- 20
(a) for an authorised person under the Local Government 21
Act 2009--exercise the person's powers under that Act, 22
chapter 5, part 2, division 1; or 23
(b) for an authorised person under the City of Brisbane Act 24
2010--exercise the person's powers under that Act, 25
chapter 5, part 2, division 1. 26
(4) In this section-- 27
authorised person (local government) means an authorised 28
person under the Local Government Act 2009 or the City of 29
Brisbane Act 2010. 30
Page 47
Regional Planning Interests Bill 2013
Part 6 Miscellaneous provisions
[s 81]
81 Authorised persons under the Environmental Protection 1
Act 2
(1) This section applies for a strategic environmental area. 3
(2) The functions of an authorised person (environment) include 4
to ensure compliance with this Act. 5
(3) To remove any doubt, it is declared that an authorised person 6
(environment) may exercise the person's powers under the 7
Environmental Protection Act, chapter 9 to perform the 8
functions. 9
(4) In this section-- 10
authorised person (environment) means an authorised person 11
under the Environmental Protection Act. 12
82 Ministerial direction to investigate 13
(1) The Minister may, by notice, direct the relevant chief 14
executive to cause an authorised person to exercise the 15
person's functions under section 79, 80 or 81 in relation to a 16
stated matter related to ensuring compliance with this Act. 17
(2) The department's annual report must include details of each 18
direction given under this section during the year. 19
Division 4 General 20
83 Guidelines 21
(1) The chief executive may make guidelines giving advice 22
about-- 23
(a) assessment applications; or 24
(b) prescribed criteria for deciding assessment applications. 25
(2) The chief executive must publish any guidelines made under 26
subsection (1) on the department's website. 27
Page 48
Regional Planning Interests Bill 2013
Part 6 Miscellaneous provisions
[s 84]
84 No compensation because of Act 1
(1) No compensation is payable by the State or an official-- 2
(a) for, or in connection with, the enactment, making or 3
operation of this Act or any statutory instrument under 4
it; or 5
(b) because the carrying out of an activity is made unlawful, 6
or is conditional or restricted, under this Act. 7
(2) In this section-- 8
compensation means any amount, whether by way of 9
compensation, reimbursement or otherwise. 10
85 Delegation by chief executive 11
The chief executive may delegate the chief executive's 12
functions under this Act to an appropriately qualified public 13
service employee. 14
86 Protection of officials from liability 15
(1) An official does not incur civil liability for an act done, or 16
omission made, honestly and without negligence under this 17
Act. 18
(2) If subsection (1) prevents a civil liability attaching to an 19
official, the liability instead attaches to the State. 20
(3) In this section-- 21
official means any of the following-- 22
(a) the Minister; 23
(b) the chief executive; 24
(c) an assessing agency. 25
87 Approved forms 26
(1) The chief executive may approve forms for use under this Act. 27
Page 49
Regional Planning Interests Bill 2013
Part 7 Repeal
[s 88]
(2) A form approved for use under this Act may be combined 1
with, or used together with, an approved form under another 2
Act. 3
88 Regulation-making power 4
(1) The Governor in Council may make regulations under this 5
Act. 6
(2) A regulation may provide-- 7
(a) for fees payable under this Act and the matters for 8
which they are payable; and 9
(b) for a maximum penalty of 20 penalty units for 10
contravention of the regulation. 11
Part 7 Repeal 12
89 Repeal 13
The Strategic Cropping Land Act 2011, No. 47 is repealed. 14
Part 8 Transitional provisions for 15
repeal of Strategic Cropping 16
Land Act 2011 17
90 Definitions for pt 7 18
In this part-- 19
commencement means the day on which the provision in 20
which the term is used commences. 21
mitigation fund see the repealed Act, section 148. 22
Page 50
Regional Planning Interests Bill 2013
Part 8 Transitional provisions for repeal of Strategic Cropping Land Act 2011
[s 91]
repealed Act means the repealed Strategic Cropping Land Act 1
2011. 2
SCL protection decision see the repealed Act, section 3
91(1)(b). 4
transitioned decision means a decision for which an 5
information notice was given under the repealed Act, section 6
102 or 105(6). 7
91 Application for SCL protection decision 8
(1) This section applies to an application for an SCL protection 9
decision for a resource activity made under the repealed Act, 10
section 95 if-- 11
(a) at the commencement, the application had not been 12
decided or withdrawn; and 13
(b) the application is for a resource activity in an area that is 14
a strategic cropping area under this Act. 15
(2) The application is taken to be an assessment application made 16
under section 29. 17
92 SCL protection decision 18
(1) This section applies to each of the following SCL protection 19
decisions, to the extent the decision is for a resource activity 20
in an area that is a strategic cropping area under this Act-- 21
(a) one for a resource activity made under the repealed Act; 22
(b) one made as a result of an appeal mentioned in section 23
95 or 96. 24
(2) The applicant for the decision is taken to have been issued a 25
regional interests authority (the transitioned authority) for the 26
resource activity in the strategic cropping area. 27
(3) To the extent the decision imposed an SCL protection 28
condition prohibiting the carrying out of all or part of the 29
resource activity-- 30
(a) subsection (2) does not apply; and 31
Page 51
Regional Planning Interests Bill 2013
Part 8 Transitional provisions for repeal of Strategic Cropping Land Act 2011
[s 93]
(b) the carrying out of the activity, or part of the activity, is 1
taken to have been the subject of an assessment 2
application, or part of an application, refused under 3
section 48. 4
(4) An SCL protection condition imposed by the decision, other 5
than an SCL condition mentioned in subsection (3) or a 6
financial assurance condition, is taken to be a regional 7
interests condition imposed on the transitioned authority. 8
(5) A condition mentioned in subsection (4) stops being a 9
condition of an environmental authority or a resource 10
authority for the resource activity. 11
Note-- 12
Under the repealed Act, section 103, an SCL condition is taken to be a 13
condition of a relevant environmental authority or resource authority. 14
(6) The chief executive may issue a regional interests authority 15
for the transitioned authority to the applicant under section 53. 16
(7) In this section-- 17
applicant means a person who applied for the decision. 18
financial assurance condition see the repealed Act, section 19
100(4). 20
SCL protection conditions-- 21
1 See the repealed Act, section 99(1)(b). 22
2 SCL protections conditions includes a condition 23
mentioned in paragraph 1 as imposed or amended as a 24
result of an appeal mentioned in section 95 or 96. 25
93 SCL compliance certificate 26
(1) This section applies to an SCL compliance certificate, to the 27
extent the certificate relates to a resource activity in an area 28
that is a strategic cropping area under this Act. 29
(2) The person who holds the SCL compliance certificate is taken 30
to have been issued a regional interests authority (the 31
transitioned authority) for the resource activity. 32
Page 52
Regional Planning Interests Bill 2013
Part 8 Transitional provisions for repeal of Strategic Cropping Land Act 2011
[s 94]
(3) The conditions under the standard conditions code for 1
carrying out the resource activity are taken to be regional 2
interests conditions imposed on the transitioned authority. 3
(4) The chief executive may issue a regional interests authority 4
for the transitioned authority to the applicant under section 53. 5
(5) In this section-- 6
SCL compliance certificate see the repealed Act, section 116. 7
standard conditions code means the standard conditions code 8
in force under the repealed Act immediately before its repeal. 9
94 Mitigation requirements 10
(1) This section applies if, immediately before the 11
commencement, under the repealed Act, section 104(2), it is 12
taken to be a condition of a resource authority that its holder 13
must comply with the mitigation requirement (the 14
transitioned mitigation requirement). 15
(2) The transitioned mitigation requirement is taken to be an SCL 16
mitigation condition imposed on a regional interests authority 17
issued to the resource activity holder under section 92. 18
(3) For subsection (2)-- 19
(a) a payment made to the mitigation fund under the 20
repealed Act for the mitigation requirement is taken to 21
be a payment made to the mitigation fund under part 4 22
of this Act for the SCL mitigation condition; and 23
(b) a mitigation deed entered into under the repealed Act for 24
the mitigation requirement is taken to be a mitigation 25
deed entered into under part 4 of this Act for the SCL 26
mitigation condition. 27
(4) In this section-- 28
mitigation requirement see the repealed Act, section 11(7). 29
95 Right of appeal on commencement 30
(1) This section applies if, on the commencement-- 31
Page 53
Regional Planning Interests Bill 2013
Part 8 Transitional provisions for repeal of Strategic Cropping Land Act 2011
[s 96]
(a) a person had a right to appeal against a transitioned 1
decision that relates to the carrying out of a resource 2
activity in an area that is a strategic cropping area under 3
this Act; and 4
(b) the person had not started the appeal. 5
(2) The person may appeal against the decision and the Land 6
Court must hear and decide the appeal as if this Act has not 7
been enacted. 8
96 Appeals started at commencement 9
(1) This section applies if-- 10
(a) a person started an SCL appeal before the 11
commencement; and 12
(b) the appeal is against a transitioned decision that relates 13
to the carrying out of a resource activity in an area that is 14
a strategic cropping area under this Act; and 15
(c) on the commencement the appeal has not been decided 16
or withdrawn. 17
(2) The Land Court must hear and decide, or continue to hear and 18
decide, the SCL appeal as if this Act has not been enacted. 19
(3) In this section-- 20
SCL appeal means an appeal to the Land Court under the 21
repealed Act, section 109 against a transitioned decision. 22
97 Stop work notices and restoration notices 23
(1) This section applies if, before the commencement, a person 24
was given a stop work notice or a restoration notice for the 25
carrying out of a resource activity in an area that is a strategic 26
cropping area under this Act. 27
(2) The person must comply with the notice. 28
(3) For subsection (2), the repealed Act, other than section 171, 29
continues to apply as if this Act has not been enacted. 30
Page 54
Regional Planning Interests Bill 2013
Part 9 Amendment of Environmental Protection Act 1994
[s 98]
(4) In this section-- 1
restoration notice see the repealed Act, section 160(2). 2
stop work notice see the repealed Act, section 157(2). 3
Part 9 Amendment of Environmental 4
Protection Act 1994 5
98 Act amended 6
This part amends the Environmental Protection Act 1994. 7
99 Amendment of ch 5, hdg (Environmental authorities and 8
environmentally relevant activities) 9
Chapter 5, heading, note-- 10
omit. 11
100 Insertion of new s 212A 12
After section 212-- 13
insert-- 14
212A Amendment of particular environmental 15
authorities to reflect regional interests 16
authority conditions 17
(1) This section applies if an environmental authority 18
for a resource activity or regulated activity is 19
inconsistent with a regional interests authority for 20
the activity under the Regional Planning Interests 21
Act 2013. 22
(2) The administering authority may amend the 23
environmental authority to ensure it is consistent 24
with the regional interests authority. 25
Page 55
Regional Planning Interests Bill 2013
Part 9 Amendment of Environmental Protection Act 1994
[s 101]
(3) The administering authority must give written 1
notice of the amendment to the environmental 2
authority holder. 3
(4) A reference in this section to an environmental 4
authority or a regional interests authority 5
includes a reference to a condition of the 6
authority. 7
(5) In this section-- 8
regulated activity see the Regional Planning 9
Interests Act 2013, section 16. 10
101 Amendment of sch 4 (Dictionary) 11
Schedule 4, definition small scale mining activity, `or on strategic 12
cropping land or potential SCL under the Strategic Cropping Land 13
Act 2011'-- 14
omit. 15
Page 56
Regional Planning Interests Bill 2013
Schedule 1
Schedule 1 Dictionary 1
section 6 2
affected land owner, for part 5, see section 68. 3
appeal see section 69. 4
applicant, for a provision about an assessment application, 5
see section 29(1). 6
approved form means a form approved by the chief executive 7
under section 87. 8
area of regional interest see section 7. 9
assessing agency, for an assessment application, see section 10
27(1). 11
assessing agency condition see section 42(2)(a)(i). 12
assessment application see section 29(1). 13
assessor, for an assessment application, see section 27(2). 14
authority holder see section 15. 15
chief executive (environment) means the chief executive of 16
the department administering the Environmental Protection 17
Act. 18
chief executive (natural resources) means the chief executive 19
of the natural resources department. 20
closing day, for submissions about an assessment application, 21
see section 35(2)(b)(ii). 22
court, for part 5, see section 68. 23
decision notice, for a decision, means a notice stating the 24
following-- 25
(a) the decision and the reasons for it; 26
(b) the rights of appeal under part 5 against the decision; 27
(c) the period in which any appeal under part 5 must be 28
started; 29
Page 57
Regional Planning Interests Bill 2013
Schedule 1
(d) how rights of appeal under part 5 are to be exercised. 1
environmental authority see section 14. 2
exempt resource activity, for an area of regional interest, see 3
section 22(1), 23(1), 24(1) or 25. 4
Environmental Protection Act means the Environmental 5
Protection Act 1994. 6
impact, for a resource activity or regulated activity on an area 7
of regional interest, see section 28. 8
information includes a document. 9
mitigated SCL land see section 58. 10
mitigation see section 59(1). 11
mitigation criteria see section 62(1). 12
mitigation deed see section 61. 13
mitigation fund see section 63. 14
mitigation measures see section 60(1). 15
natural resources department means the department that 16
administers the Land Act 1994. 17
notice means written notice. 18
notifiable, for an assessment application, see section 34(2) 19
and (4). 20
owner, of land, means the person for the time being entitled to 21
receive the rent for the land or would be entitled to receive the 22
rent for it if it were let to a tenant at a rent. 23
party, to an appeal, means the applicant and each respondent 24
or co-respondent for the appeal. 25
priority agricultural area see section 8(1). 26
priority agricultural land use see section 8(3). 27
priority living area see section 9. 28
properly made, for a submission about an assessment 29
application, see section 37. 30
referable, for an assessment application, see section 39(2). 31
Page 58
Regional Planning Interests Bill 2013
Schedule 1
regional interests authority means a regional interests 1
authority (including its regional interests conditions) issued 2
under section 54 that approves a resource activity or regulated 3
activity for an area of regional interest applied for in an 4
assessment application. 5
regional interests condition see section 48(2)(a). 6
regional interests decision, for part 5, see section 68. 7
regional plan see the Sustainable Planning Act 2009, section 8
23. 9
regulated activity see section 16. 10
relevant authorities see section 29(3), definition eligible 11
person. 12
relevant matters, for an assessment application, means-- 13
(a) for deciding the application--the matters mentioned in 14
section 49(1); or 15
(b) for giving an assessing agency's response--the matters 16
mentioned in section 41(2). 17
requirement notice see section 44(1). 18
resource Act see section 12(1). 19
resource activity see section 12(2). 20
resource authority see section 13. 21
strategic cropping area see section 10(1). 22
strategic environmental area see section 11(1). 23
© State of Queensland 2013
Authorised by the Parliamentary Counsel
Page 59
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