Regional Planning Interests Regulation 2014


Queensland Crest
Regional Planning Interests Regulation 2014

Part 1 Preliminary

1Short title

This regulation may be cited as the Regional Planning Interests Regulation 2014 .

2Definitions

The dictionary in schedule 6 defines particular words used in this regulation.

Part 2 Priority agricultural areas

3Regionally significant water source

(1)For the Act, section 8(3), the Condamine Alluvium is prescribed as a regionally significant water source.
(2)In this section—
Condamine Alluvium means the groundwater SDL resource units referred to as the Upper Condamine Alluvium (Central Condamine Alluvium) and the Upper Condamine Alluvium (Tributaries) under the Basin Plan 2012 (Cwlth).

Note—

The Basin Plan 2012 (Cwlth) is made under the Water Act 2007 (Cwlth) and is available at www.comlaw.gov.au/Details/F2012L02240.

Part 3 Strategic environmental areas

4Strategic environmental areas

(1)For the Act, section 11(1)(b)(ii), each of the following is prescribed as a strategic environmental area—
(a)the part of the Channel Country identified on the SEA map for the area (the Channel Country strategic environmental area);
(b)the part of Fraser Island identified on the SEA map for the area (the Fraser Island strategic environmental area);
(c)the part of the Gulf Country identified on the SEA map for the area (the Gulf Rivers strategic environmental area);
(d)the part of Hinchinbrook Island identified on the SEA map for the area (the Hinchinbrook Island strategic environmental area).
(2)The SEA map for a strategic environmental area is the map identifying the area, that is held by the department and published on its website.

s 4 amd 2014 SL No. 226s 4

5Environmental attributes

For the Act, section 11(2), definition environmental attribute, sections 7 to 10 identify the environmental attributes for the strategic environmental areas mentioned in section 4 (1).

s 5 amd 2014 SL No. 226s 5

6[Repealed]

s 6 om 2014 SL No. 226s 6

7Environmental attributes for the Channel Country strategic environmental area

The following are the environmental attributes for the Channel Country strategic environmental area—
(a)the natural hydrologic processes of the area characterised by—
(i)natural, unrestricted flows in and along stream channels and the channel network in the area; and
(ii)overflow from stream channels and the channel network onto the flood plains of the area, or the other way; and
(iii)natural flow paths of water across flood plains connecting waterholes, lakes and wetlands in the area; and
(iv)groundwater sources, including the Great Artesian Basin and springs, that support waterhole persistence and ecosystems in the area;
(b)the natural water quality in the stream channels and aquifers and on flood plains in the area;
(c)the beneficial flooding of land that supports flood plain grazing and ecological processes in the area.

8Environmental attributes for Fraser Island strategic environmental area

The following are the environmental attributes for the Fraser Island strategic environmental area—
(a)the natural hydrologic processes of the area characterised by—
(i)natural, unrestricted flows in and along watercourses, riparian areas and estuaries; and
(ii)natural flow in and from dune aquifers and springs; and
(iii)overflow from watercourses onto the riparian zones and to off-stream water bodies, or the other way; and
(iv)natural flow paths of water across wetlands connecting waterholes and lakes in the area; and
(v)natural flow in and from permanent and temporary swamps (including fens, highly diverse heathlands and coastal wetlands) and mangrove communities in the Great Sandy Strait;
(b)the natural geomorphic processes of the area characterised by—
(i)natural erosion; and
(ii)the transport and deposit of sediment by water throughout the catchments and along the watercourse systems to their respective estuaries;
(c)the functioning riparian processes of the area characterised by—
(i)native riparian vegetation associated with watercourses, estuaries, lakes, floodplains and wetlands; and
(ii)wet heath communities; and
(iii)botanically important rainforest;
(d)the functioning wildlife corridors of the area characterised by—
(i)natural habitat in the watercourse systems; and
(ii)areas of fens, highly diverse heathlands, coastal wetlands, mangrove communities in the Great Sandy Strait and other areas of fish habitat;
(e)the natural water quality in the watercourse channels, lakes and aquifers and on floodplains in the area characterised by physical, chemical and biological attributes that support and maintain natural aquatic and terrestrial ecosystems.

9Environmental attributes for Gulf Rivers strategic environmental area

The following are the environmental attributes for the Gulf Rivers strategic environmental area—
(a)the natural hydrologic processes of the area characterised by—
(i)natural, unrestricted flows in and along watercourses and estuaries; and
(ii)overflow from watercourses onto the flood plains of the area, or the other way; and
(iii)natural flow paths of water across flood plains connecting waterholes, lakes and wetlands in the area; and
(iv)natural flow in and from groundwater and springs;
(b)the natural geomorphic processes of the area characterised by—
(i)natural erosion; and
(ii)the transport and deposit of sediment by water throughout the catchments and along the watercourse systems and estuaries;
(c)the functioning riparian processes of the area characterised by native riparian vegetation associated with watercourses, estuaries, lakes, floodplains and wetlands;
(d)the functioning wildlife corridors of the area characterised by—
(i)natural habitat in the watercourse systems; and
(ii)permanent waterholes and springs;
(e)the natural water quality in the watercourse channels and aquifers and on flood plains in the area characterised by physical, chemical and biological attributes that support and maintain natural aquatic and terrestrial ecosystems.

10Environmental attributes for Hinchinbrook Island strategic environmental area

The following are the environmental attributes for the Hinchinbrook Island strategic environmental area—
(a)the natural hydrologic processes of the area characterised by—
(i)natural, unrestricted flows in and along watercourse channels, riparian areas and estuaries; and
(ii)overflow from watercourse channels onto the riparian zones and off-stream water bodies, or the other way; and
(iii)natural flow paths of water across wetlands connecting waterholes and lakes in the area; and
(iv)natural flow in and from permanent and temporary swamps, coastal wetlands and mangrove communities;
(b)the natural geomorphic processes of the area characterised by—
(i)natural erosion; and
(ii)the transport and deposit of sediment by water throughout the catchments and along the watercourse systems to their respective estuaries;
(c)the functioning riparian processes of the area characterised by native riparian vegetation associated with watercourses, estuaries, lakes, flood plains and wetlands;
(d)the functioning wildlife corridors of the area characterised by—
(i)natural habitat in the watercourse systems; and
(ii)areas of highly diverse coastal wetlands, mangrove communities and other areas of fish habitat;
(e)the natural water quality in the watercourse channels and aquifers and on flood plains in the area characterised by physical, chemical and biological attributes that support and maintain natural aquatic and terrestrial ecosystems.

Part 4 Regulated activities

11Regulated activities

(1)For the Act, section 17(1)(b), each of the following is a regulated activity for a strategic environmental area—
(a)broadacre cropping;
(b)water storage (dam).
(2)Broadacre cropping is the cultivation of extensive parcels of land under dryland or irrigated management for cropping.
(3)Water storage (dam) is storing water using a dam, other than storing water on land to be used only for any or all of the following purposes—
(a)to meet the domestic water needs of the occupants of the land;
(b)to water the stock that is usually grazed on the land;
(c)to water stock that is travelling on a stock route on or near the land.

Part 5 Regional interests development approvals

12Referable assessment applications, assessing agencies and their functions

(1)For the Act, sections 26(1) and 40—
(a)schedule 1, column 2 states the assessing agency or agencies for an assessment application for the area of regional interest mentioned opposite in column 1; and
(b)schedule 1, column 3 states the functions of the assessing agency mentioned opposite in column 2 for the area of regional interested mentioned opposite in column 1.
(2)For the Act, section 39(2), an assessment application is referable if the activity is proposed to be carried out in an area of regional interest mentioned in schedule 1 , column 1.

Note—

A reference to the activity in a provision about an assessment application is a reference to the activity the subject of the application. See the Act, section 18(4)(c).

13Notifiable assessment application

(1)For the Act, section 34(2)(a), an assessment application is notifiable if the area of regional interest in which the resource activity is proposed to be carried out is a priority living area.
(2)For the Act, section 35(1)(a), the way in which an applicant must publish a notice about a notifiable assessment application is at least once in a newspaper circulating generally in the area of the land.
(3)For the Act, section 35(4), the notification period for a notifiable assessment application is 15 business days after the notice about the application is first published under subsection (2).

14Criteria for assessor for assessment application

(1)This section prescribes the criteria for an assessor’s assessment or decision on an assessment application as mentioned in the Act, sections 41(2)(b) and 49(1)(b).
(2)The assessor must be satisfied the activity meets the applicable required outcome stated in schedule 2 for the area of regional interest to which the application relates.
(3)The activity meets a required outcome for the area of regional interest only if the application demonstrates the matters listed in a prescribed solution stated in schedule 2 for the required outcome.

Note—

Schedule 2 , parts 1 to 4 include 1 or more prescribed solutions for each required outcome for an area of regional interest.
(4)However, if an activity is proposed to be carried out on land used for a priority agricultural land use in a priority agricultural area that is in the strategic cropping area, the assessor only need be satisfied the activity meets the applicable required outcome stated in schedule 2 for the priority agricultural area.

Part 6 Mitigation

15References to zone and sub-zone

(1)This section applies for a provision of this regulation about the strategic cropping area or strategic cropping land.
(2)A reference to a particular zone or sub-zone is a reference to the zone or sub-zone as shown on the map titled ‘Sub-zones for strategic cropping land mitigation rates’ held by the natural resources department and published on its website.

16Mitigation value

(1)For the Act, section 62(2), the mitigation value of mitigated SCL land is the amount worked out by multiplying each hectare of the land’s area by the following amount—
(a)for land in the following sub-zones in the Western Cropping zone—
(i)Balonne—$5,434;
(ii)Central Highlands Isaac—$5,267;
(iii)Goondiwindi—$5,821;
(iv)Maranoa—$6,376;
(v)Western Downs—$6,652;
(b)for land in the eastern Darling Downs zone—$8,316;
(c)for land in the following sub-zones in the Coastal Queensland zone—
(i)Burdekin—$12,474;
(ii)Burnett North and South—$12,474;
(iii)Mackay Whitsunday—$12,474;
(iv)Wide Bay Bundaberg—$12,474;
(v)Central Queensland Coast—$16,630;
(vi)South East Queensland—$27,718;
(d)for land in the Granite Belt zone—$15,522;
(e)for land in the Wet Tropics zone—$22,175.
(2)For subsection (1), if the mitigated SCL land is not a whole number of hectares, it must be rounded up to the nearest whole hectare.

s 16 amd 2016 SL No. 87s 4; 2017 SL No. 141s 29; 2018 SL No. 91s 24

17Mitigation deed

(1)For the Act, section 64(b), subsection (2) prescribes the requirements that a mitigation deed for a regional interests development approval must comply with.
(2)The mitigation deed must—
(a)identify—
(i)the approval; and
(ii)the approved resource activity or regulated activity; and
(iii)the mitigated SCL land to which the approval relates; and
(b)provide for mitigation measures for the mitigation value of the mitigated SCL land that—
(i)comply with the mitigation criteria; and
(ii)are in addition to anything the holder of the approval would, other than for the SCL mitigation condition, have done, incurred or spent in carrying out the activity; and
(iii)are at least equal in value to the mitigation value of the land; and
(c)require the holder to give the chief executive periodic reports about—
(i)the progress of the mitigation measures; and
(ii)the amounts spent on them.
(3)A mitigation deed must not provide for, or for carrying out, any authority-related restoration.
(4)In considering whether a mitigation deed is consistent with the mitigation criteria, the value of any authority-related restoration must be disregarded.
(5)In this section—
authority-related restoration means environmental management, restoration, rehabilitation or remediation required or permitted under the Environmental Protection Act or a resource Act.

Part 7 Fees

18Assessment application fees

(1)For the Act, section 29(c), the prescribed fee for an assessment application for a resource activity or a regulated activity to be carried out in an area of regional interest is the fee stated in schedule 4 for the area.
(2)However, if the assessment application is for a resource activity or a regulated activity to be carried out in 2 or more areas of regional interest, the prescribed fee for the application is the sum of the fees payable under subsection (1) for each area of regional interest.

19Fees for amending assessment application

(1)A notice given to the chief executive under the Act, section 31(2)(b) to make a permitted amendment to an assessment application must be accompanied by the following fee—
(a)if the amendment is a minor amendment—a fee that is 5% of the application fee for the assessment application;
(b)otherwise—a fee that is 25% of the application fee for the assessment application.
(2)In this section—
application fee, for an assessment application, means the fee payable for the application under section 18 .

Part 8 Miscellaneous

20Prescribed time frame

For the Act, schedule 1, definition prescribed time frame, the time frame prescribed for a matter mentioned in a provision of the Act stated in schedule 5 , column 1 is the time frame stated opposite in schedule 5 , column 2.

Schedule 1 Assessing agencies and their functions

section 12

Column 1

Area of regional interest

Column 2

Assessing agency

Column 3

Functions

priority agricultural area

the agriculture department

the expected impact of the activity on land used for a priority agricultural land use in the priority agricultural area

priority agricultural area that includes 1 or more regionally significant water sources

the natural resources department

the expected impact of the activity on land used for a priority agricultural land use because of the activity’s impact on a regionally significant water source in the priority agricultural area

priority living area that includes all or a part of 1 local government area

the local government for the local government area

the expected impact of the activity on—

(a)  the opportunity to protect and enhance the land for urban development; and
(b)  the amenity of, and the community in, the priority living area

priority living area that includes all or part of 2 or more local government areas

the local government for the existing settled area in the priority living area that is closest to where the activity is proposed to be carried out

the expected impact of the activity on—

(a)  the opportunity to protect and enhance the land for urban development; and
(b)  the amenity of, and the community in, the priority living area

an area in the strategic cropping area

the natural resources department

the expected impact of the activity on strategic cropping land in the area

a strategic environmental area

the environment department

the expected impact of the activity on the ecological integrity of the environmental attributes for the area that relate to riparian processes, wildlife corridors or water quality

a strategic environmental area

the natural resources department

the expected impact of the activity on the hydrodynamics of, and interactions with, the environmental attributes for the area that relate to hydrologic or geomorphic processes or beneficial flooding

Schedule 2 Criteria for assessment or decision

section 14

Part 1 Preliminary

1Definitions for sch 2

(1)In this schedule—
pre-activity condition, for land in the strategic cropping area, means the condition of the land’s soil as identified and analysed within 1 year before the making of an assessment application for a resource activity or regulated activity to be carried out on the land.
property (SCL), in the strategic cropping area, means—
(a)a single lot; or
(b)otherwise—all the lots that are owned by the same person or have 1 or more common owners and—
(i)are managed as a single agricultural enterprise; or
(ii)form a single discrete area because 1 lot is adjacent, in whole or part, to another lot in that single discrete area (other than for any road or watercourse between any of the lots).
used, for land or property in relation to a priority agricultural land use, means the land or property has been used for a priority agricultural land use for at least 3 years during the 10 years immediately before an assessment application is made in relation to the land.
(2)A resource activity or regulated activity has a permanent impact on strategic cropping land if, because of carrying out the activity, the land can not be restored to its pre-activity condition.

Part 2 Priority agricultural area

2Required outcome 1—managing impacts on use of property for priority agricultural land use in priority agricultural area

(1)This section applies if the activity is to be carried out on a property in a priority agricultural area.
(2)The activity will not result in a material impact on the use of the property for a priority agricultural land use.

3Prescribed solutions for required outcome 1

(1)Subsections (2) and (3) each state a prescribed solution for required outcome 1.
(2)The application demonstrates the activity will not be located on land that is used for a priority agricultural land use.
(3)The application demonstrates all of the following—
(a)if the applicant is not the owner of the land and has not entered into a voluntary agreement with the owner—
(i)the applicant has taken all reasonable steps to consult and negotiate with the owner about the expected impact of carrying out the activity on each priority agricultural land use for which the land is used; and
(ii)carrying out the activity on the property will not result in a loss of more than 2% of both—
(A)the land on the property used for a priority agricultural land use; and
(B)the productive capacity of any priority agricultural land use on the property;
(b)the activity can not be carried out on other land that is not used for a priority agricultural land use, including, for example, land elsewhere on the property, on an adjacent property or at another nearby location;
(c)the construction and operation footprint of the activity on the part of the property used for a priority agricultural land use is minimised to the greatest extent possible;
(d)the activity will not constrain, restrict or prevent the ongoing conduct on the property of a priority agricultural land use, including, for example, everyday farm practices and an activity or infrastructure essential to the operation of a priority agricultural land use on the property;
(e)the activity is not likely to have a significant impact on the priority agricultural area;
(f)the activity is not likely to have an impact on land owned by a person other than the applicant or the land owner mentioned in paragraph (a).

4Required outcome 2—managing impacts on a region in relation to use of an area in the region for a priority agricultural land use

(1)This section applies if the activity is to be carried out on 2 or more properties in a priority agricultural area in a region.
(2)The activity will not result in a material impact on the region because of the activity’s impact on the use of land in the priority agricultural area for 1 or more priority agricultural land uses.

5Prescribed solution for required outcome 2

(1)The application demonstrates all of the following—
(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.
(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—
(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.
(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.
(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.
(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.
(6)The application must demonstrate the matters listed in this schedule, section 3 for a prescribed solution for required outcome 1 for the property.
(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 .

Part 3 Priority living area

6Required outcome

The location, nature and conduct of the activity is compatible with the planned future for the priority living area stated in a planning instrument under the Planning Act.

s 6 amd 2017 SL No. 103s 110

7Prescribed solution

The application demonstrates each of the following—
(a)the activity is unlikely to adversely impact on development certainty—
(i)for land in the immediate vicinity of the activity; and
(ii)in the priority living area generally;
(b)carrying out the activity in the priority living area, and in the location stated in the application, is likely to result in community benefits and opportunities, including, for example, financial and social benefits and opportunities.

Part 4 Strategic cropping area

8Required outcome 1—no impact on strategic cropping land

The activity will not result in any impact on strategic cropping land in the strategic cropping area.

9Prescribed solution for required outcome 1

The application demonstrates the activity will not be carried out on strategic cropping land that meets the criteria stated in schedule 3 , part 2 .

10Required outcome 2—managing impacts on strategic cropping land on property (SCL) in the strategic cropping area

(1)This section applies if the activity—
(a)does not meet required outcome 1; and
(b)is being carried out on a property (SCL) in the strategic cropping area.
(2)The activity will not result in a material impact on strategic cropping land on the property (SCL).

11Prescribed solution for required outcome 2

The application demonstrates all of the following—
(a)if the applicant is not the owner of the land and has not entered into a voluntary agreement with the owner—the applicant has taken all reasonable steps to consult and negotiate with the owner of the land about the expected impact of carrying out the activity on strategic cropping land;
(b)the activity can not be carried out on land that is not strategic cropping land, including, for example, land elsewhere on the property (SCL), on adjacent land or at another nearby location;
(c)the construction and operation footprint of the activity on strategic cropping land on the property (SCL) is minimised to the greatest extent possible;
(d)if the activity will have a permanent impact on strategic cropping land on a property (SCL)—no more than 2% of the strategic cropping land on the property (SCL) will be impacted.

12Required outcome 3—managing impacts on strategic cropping land for a region

(1)This section applies if the activity—
(a)does not meet required outcome 1; or
(b)is being carried out on 2 or more properties (SCL) in the strategic cropping area.
(2)The activity will not result in a material impact on strategic cropping land in an area in the strategic cropping area.

13Prescribed solution for required outcome 3

(1)The application demonstrates all of the following—
(a)the activity can not be carried out on other land in the area that is not strategic cropping land, including, for example, land elsewhere on the property (SCL), on adjacent land or at another nearby location;
(b)if there is a regional plan for the area in which the activity is to be carried out—the activity will contribute to the regional outcomes, and be consistent with the regional policies, stated in the regional plan;
(c)the construction and operation footprint of the activity on strategic cropping land is minimised to the greatest extent possible;
(d)either—
(i)the activity will not have a permanent impact on the strategic cropping land in the area; or
(ii)the mitigation measures proposed to be carried out if the chief executive decides to grant the approval and impose an SCL mitigation condition.
(2)Subsection (3) applies for each property (SCL) 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.
(3)The application must demonstrate the matters listed in this schedule, section 11 for a prescribed solution for required outcome 2 for the property (SCL).

Part 5 Strategic environmental area

14Required outcome

The activity will not result in a widespread or irreversible impact on an environmental attribute of a strategic environmental area.

15Prescribed solution

(1)The application demonstrates either—
(a)the activity will not, and is not likely to, have a direct or indirect impact on an environmental attribute of the strategic environmental area; or
(b)all of the following—
(i)if the activity is being carried out in a designated precinct in the strategic environmental area—the activity is not an unacceptable use for the precinct;
(ii)the construction and operation footprint of the activity on the environmental attribute is minimised to the greatest extent possible;
(iii)the activity does not compromise the preservation of the environmental attribute within the strategic environmental area;
(iv)if the activity is to be carried out in a strategic environmental 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.
(2)The following are unacceptable uses for a designated precinct in a strategic environmental area—
(a)if the designated precinct is in the Cape York strategic environmental area—a mining resource activity;
(b)open cut mining;
(c)broadacre cropping;
(d)water storage (dam).
(3)In this section—
designated precinct, in a strategic environmental area, means—
(a)for a strategic environmental area mentioned in section 4(1)—the area identified as a designated precinct on the SEA map for the strategic environmental area; or
(b)if a strategic environmental area is shown on a map in a regional plan—the area identified on the map as a designated precinct for the strategic environmental area.

Schedule 3 Criteria for land

schedule 2 , part 4 , section 9

Part 1 Definitions

Division 1 Publication definitions

1Publications

(1)The field handbook is National Committee on Soil and Terrain (2009) ‘Australian Soil and Land Survey Field Handbook’, 3rd ed, CSIRO Publishing, Collingwood, Victoria.
(2)The soil chemical methods is Rayment GE and Lyons DJ (2011) ‘Soil Chemical Methods—Australasia’, CSIRO Publishing, Collingwood, Victoria.
(3)Each of the following is a standard soil colour chart
(a)Fujihara Industry Company (2001) ‘Revised Standard Soil Color Charts’, Fujihara Industry Co, Tokyo;
(b)Munsell Color Company (2000) ‘Munsell Soil Color Charts’, Munsell Color Co, Baltimore, MD.

Division 2 Drainage

2Meaning of favourable drainage

Particular soil in land has favourable drainage if its profile has no waterlogged layer within 1,000mm of the surface.

3Meaning of satisfactory drainage

Particular soil in land has satisfactory drainage if its profile has no waterlogged layer within 300mm of the surface.

4Meaning of waterlogged layer

(1)A waterlogged layer, for soil in land, is a layer in its profile with any of the following—
(a)a dominant soil colour that is gleyed;
(b)a dominant soil colour that—
(i)is grey; and
(ii)has at least 10% distinct or prominent mottles of an orange or rusty colour;
(c)any other dominant soil colour that has at least 10% distinct or prominent mottles of a gleyed colour;
(d)a conspicuous bleach at least 100mm thick not directly overlying bedrock or weathered rock.
(2)For this section, a soil’s colour must be worked out by visually comparing it with a standard soil colour chart.
(3)In this section—
conspicuous bleach means a white or almost white colour—
(a)that is the dominant colour of the layer; and
(b)that contains 10% or less mottles; and
(c)for which its closest match (when dry) is to a colour chip with a value of 7 or 8 and a chroma of 4 or less on a standard soil colour chart’s 5YR, 7.5YR or 10YR chart.
gleyed, for a soil colour, means—
(a)it is bluish-grey to greenish-grey; and
(b)its closest match (when moist) is to the colour chips of a standard soil colour chart of any colour chip—
(i)on a gley chart; or
(ii)with a value of 7 or 8 and a chroma of 3 or less on a standard soil colour chart’s 2.5Y or 5Y chart.
grey, for a soil colour, means—
(a)it is not gleyed; and
(b)its closest match (when moist) is to a colour chip with a value of 4 or more and a chroma of 2 or less on any chart of a standard soil colour chart.
mottles means clear patches or streaks of sub-dominant colour (when moist) within a differently coloured soil matrix.
orange, for a soil colour, means its closest match (when moist) is to a colour chip with a value 6 or 7 and a chroma of 6 or more on a standard soil colour chart’s 5YR or 7.5YR chart.
rusty, for a soil colour, means its closest match (when moist) is to a colour chip with a value of 3 or more and a chroma of 3 or more on a standard soil colour chart’s 2.5YR, 5R, 7.5R or 10R chart.

Division 3 Rockiness

5Meaning of rockiness

(1)Rockiness is the average density of—
(a)unattached rock fragments larger than 60mm average maximum dimension on the surface of the land; and

Note—

Rock fragments refers to cobbles, stones and boulders as defined under the field handbook.
(b)consolidated outcrops of underlying bedrock protruding above the surface.
(2)The average density must be worked out using the visual estimation charts in the field handbook.

6Meaning of bedrock

Bedrock is a continuous mass of consolidated rock that has been little-weathered.

Notes about bedrock—

1It may underlie a profile or protrude above the surface.
2Even when moist, it is usually too hard to dig with hand tools.
3It is not underlain by unconsolidated soil material and is distinguished from hardpans that are underlain by unconsolidated soil material. However, bedrock may be underlain by other layers of softer rock.
4Under the field handbook it is defined as an ‘R’ horizon.

7Meaning of weathered rock

(1)Weathered rock is loosely consolidated material—
(a)in which there has been minimal biological activity; and
(b)that is more like fresh, unweathered rock than the soil material above.
(2)For subsection (1), the material may be any of the following as defined under the field handbook—
(a)partially weathered rock;
(b)saprolite;
(c)decomposed rock.

Note—

Features distinguishing weathered rock from soil are—
(a)a markedly increased occurrence of rock fragments compared with soil layers above; or
(b)a presence of a ‘ghost rock’ structure in which the material has the outline of rock layers or fragments but is as soft as the overlying soil layers; or
(c)a predominance of ‘mealy’ material with a characteristic gritty appearance similar to fine ‘crusher dust’ or ‘deco’.

Division 4 Other definitions

8Meaning of chloride content

Chloride content is a measurement of soil chloride using a 1:5 soil to water suspension, under method 5A1, 5A2, 5A3 or 5A4 in soil chemical methods.

9Meaning of electrical conductivity

Electrical conductivity is a measurement of soil salinity using a 1:5 soil to water suspension carried out in the field or by laboratory measurement under method 3A1 in soil chemical methods.

10Meaning of gilgai

Gilgai is gilgai microrelief as defined under the field handbook.

11Meaning of soil pH

Soil pH is a measurement of soil acidity or alkalinity carried out in the field, or by laboratory measurement using a 1:5 soil to water suspension under method 4A1 in soil chemical methods.

12Meaning of rigid soils and non-rigid soils

(1)Rigid soils are soils with minimal capacity to shrink and swell with changing water content.
(2)For subsection (1), minimal capacity to shrink and swell exists only if, when dry, the soil does not have—
(a)open cracks that—
(i)are 5mm wide or more; and
(ii)extend from at least 300mm below the surface vertically upwards to—
(A)the surface; or
(B)immediately below a layer disturbed by human intervention, including, for example, by ploughing; or
(C)immediately below a thin, natural surface layer; or
(b)gilgai.
(3)Non-rigid soils are soils other than rigid soils.

13Meaning of slope

The slope of particular land is the upward or downward surface incline measured over an interval of at least 20m.

14Meaning of soil depth

(1)Soil depth, for soil, is the depth of the soil to any of the following—
(a)bedrock;
(b)a hard pan;
(c)weathered rock;
(d)a continuous gravel layer.
(2)In this section—
continuous gravel layer means a continuous layer that—
(a)extends beneath most of the surface; and
(b)contains very abundant (90% or more) unconsolidated rock fragments of 2mm or more.

Note—

A continuous gravel layer retards penetration by plant roots.
hard pan means a hardened layer of soil—
(a)formed by natural processes; and
(b)that is a strongly cemented or very strongly cemented pan as defined under the field handbook.

15Meaning of soil physico-chemical limitation

(1)A soil physico-chemical limitation, for soil, means it has—
(a)for any soil in the Western Cropping zone or Eastern Darling Downs zone—a chloride content of more than 800mg/kg; and
(b)for any soil in the Coastal Queensland zone, Granite Belt zone or Wet Tropics zone—an electrical conductivity of more than 0.56dS/m; and
(c)for any soil in any zone—a soil pH of 5.0 or less; and
(d)for rigid soils in any zone—
(i)a soil pH of more than 8.9; or
(ii)an exchangeable sodium percentage of more than 15; or
(iii)a calcium to magnesium ratio of 0.1 or less.
(2)The exchangeable sodium percentage is the percentage of the total cation exchange capacity (CEC) due to exchangeable sodium, measured using—
(a)generally—the most appropriate method described in table 15.2 of soil chemical methods; or
(b)for strongly acid soils—method 15J1 in soil chemical methods (known as ‘effective CEC’ or ‘ECEC’).
(3)However, the exchangeable sodium percentage must not be used if—
(a)the CEC or ECEC is less than 3cmolc/kg; or
(b)the soil texture is sandy loam or lighter as defined under the field handbook.
(4)The calcium to magnesium ratio is the ratio of exchangeable calcium to exchangeable magnesium worked out using a relevant method under soil chemical methods.

16Meaning of soil water storage

(1)Soil water storage is the amount of total water stored in a soil profile that is available for plant use, expressed as millimetres of water from the surface to the effective rooting depth of the soil.
(2)For subsection (1)—
(a)the amount may be worked out by—
(i)a combination of laboratory measurement and the soil texture look-up table using the methodology under subsection (4); or
(ii)a combination of laboratory measurement and pedotransfer functions approved by the chief executive using the methodology under subsection (5); or
(iii)any other method approved by the chief executive; and
(b)the effective rooting depth of the soil is the shallowest of the following for the soil—
(i)its soil depth;
(ii)the depth of any soil physico-chemical limitation for the soil;
(iii)a depth of 1,000mm.
(3)However, the soil texture look-up table can not be used if the value worked out by using the table is within 15% of the amount stated in part 2 , criterion 8 for the zone.
(4)For subsection (2)(a)(i), the methodology is—
(a)the particle size fractions must be worked out using the particle diameters in the recommended scale in figure 15 in the field handbook; and
(b)the soil texture class must be worked out by applying the particle size fractions determined in paragraph (a) to the triangular texture diagram in figure 16 in the field handbook; and
(c)the soil water storage for the soil texture class worked out under paragraph (b) is the value worked out using the soil texture look-up table.
(5)For subsection (2)(a)(ii), the methodology is—
(a)the particle size fractions must be worked out using the particle diameters in the recommended scale in figure 15 in the field handbook; and
(b)the gravimetric water content at the lower limit must be measured at a soil water potential of negative 1,500kPa; and
(c)the soil water storage is the value worked out using the pedotransfer functions.
(6)In this section—
pedotransfer function means an empirically derived mathematical equation or algorithm that allows the prediction of a difficult-to-measure soil attribute using more readily measurable soil parameters or pedological properties.
soil texture look-up table means the following table, using the soil texture classes under the field handbook—
 

Soil texture

Estimated soil water storage per 100mm of soil depth (in mm)

 

sand, clayey sand or loamy sand

4

 

sandy loam

5

 

loam, silty loam or sandy clay loam

6

 

clay loam, sandy clay loam or silty clay loam

8

 

silty clay or clay less than 45% clay

10

 

clay equal to or greater than 45% clay

12

Note—

Individual values for each increment or soil layer are summed to the effective rooting depth to give the soil water storage.

17Meaning of surface

Surface, for a provision about land or soil, is the ground surface of the land or soil.

Part 2 Criteria

Criterion 1

Slope is—

(a)  for land in the Western Cropping zone—3% or less; or

(b)  otherwise—5% or less.

Criterion 2

Rockiness is 20% or less.

Criterion 3

The average density of gilgai with depressions of more than 500mm is less than 50% of the land surface.

Criterion 4

Soil depth is 600mm or more.

Criterion 5

The land has—

(a)  for land in the Granite Belt zone—satisfactory drainage; or

(b)  otherwise—favourable drainage.

Criterion 6

Soil pH at 300mm depth and 600mm depth is as follows—

(a)  for rigid soils—5.1 or more to 8.9;

(b)  for non-rigid soils—more than 5.0.

Criterion 7

Soil at 600mm depth or shallower has—

(a)  for land in the Western Cropping zone and the Eastern Darling Downs zone—a chloride content of less than 800mg/kg; or

(b)  otherwise—an electrical conductivity of less than 0.56dS/m.

Criterion 8

The land’s soil water storage is—

(a)  for land in the Coastal Queensland zone—75mm or more; or

(b)  for land in the Wet Tropics zone—50mm or more; or

(c)  for land in the Granite Belt zone—25mm or more; or

(d)  otherwise—100mm or more.

Schedule 4 Assessment application fees

section 18

Part 1 Preliminary

1Definition for sch 4

In this schedule—
expected area of impact, for an assessment application, means the area in which—
(a)the activity is proposed to be carried out; and
(b)carrying out the activity is likely to have an impact.

Part 2 Priority agricultural areas

 

Nature of assessment application

Fee

  

$

1

for an assessment application that states it complies with the prescribed solution for required outcome 1 stated in schedule 2 , part 2 , section 3 (2)

3,241.00

2

otherwise—

 
 

(a)  for an assessment application with an expected area of impact of less than 30 hectares

6,480.00

 

(b)  for an assessment application with an expected area of impact of 30 hectares or more, but less than 100 hectares

12,959.00

 

(c)  for an assessment application with an expected area of impact of 100 hectares or more

25,917.00

Part 3 Priority living areas

 

Nature of assessment application

Fee

  

$

1

for an assessment application with an expected area of impact of less than 30 hectares

6,480.00

2

for an assessment application with an expected area of impact of 30 hectares or more, but less than 100 hectares

12,959.00

3

for an assessment application with an expected area of impact of 100 hectares or more

25,917.00

Part 4 Strategic cropping areas

 

Nature of assessment application

Fee

  

$

1

for an assessment application with an expected area of impact of less than 30 hectares

6,480.00

2

for an assessment application with an expected area of impact of 30 hectares or more, but less than 100 hectares

12,959.00

3

for an assessment application with an expected area of impact of 100 hectares or more

25,917.00

Part 5 Strategic environmental areas

 

Nature of assessment application

Fee

  

$

1

for an assessment application with an expected area of impact of less than 30 hectares

6,480.00

2

for an assessment application with an expected area of impact of 30 hectares or more, but less than 100 hectares

12,959.00

3

for an assessment application with an expected area of impact of 100 hectares or more

25,917.00

sch 4 sub 2015 SL No. 43s 4

amd 2016 SL No. 87s 5; 2017 SL No. 141s 30; 2018 SL No. 91s 25

Schedule 5 Prescribed time frames for the Act

section 20

Column 1

Provision of Act

Column 2

Time frame

section 30(2)

within 5 business days after the application is made

section 33(2)

within 5 business days after the amendment is made or the withdrawal takes effect

section 34(2)(b)

within 10 business days after the chief executive receives the written application from the applicant

section 38(2)

within 5 business days after the application is decided

section 41(1)

within 5 business days after the application is made

section 42(3)

within the later of the following—

(a)  20 business days after the day the notification period under section 35(4) of the Act ends;
(b)  if the applicant is given 1 or more requirement notices—20 business days after the later of the reasonable periods stated in the requirement notices, or extended by the assessor under section 44(4) of the Act, ends;
(c)  20 business days after the application is made;
(d)  a longer period decided by the chief executive

section 42(6)

within 5 business days after giving the response to the chief executive

section 44(1)

(a)  if the assessor giving the requirement notice is the chief executive—
(i)  for a referable assessment application—anytime before the day that is 10 business days after the end of the period mentioned in section 42(3); or
(ii)  otherwise—within 10 business days after receiving the assessment application; or
(b)  if the assessor giving the requirement notice is an assessing agency—within 10 business days after receiving a copy of the application from the chief executive

section 47(1)

within the later of the following—

(a)  20 business days after the day the assessing agency is required to give the chief executive a response to the application;
(b)  a longer period decided by the chief executive for which prior notice has been given to the applicant

section 51(5)

within 5 business days after the chief executive decides the application

section 52(1)

within 5 business days after deciding the application

Schedule 6 Dictionary

section 2

agriculture department means the department that is mainly responsible for agriculture.
bedrock, for schedule 3 , see schedule 3 , section 6 .
broadacre cropping see section 11 (2).
Cape York strategic environmental area means the part of Cape York Peninsula that is shown on a map as a strategic environmental area in the regional plan for the region prescribed under the Planning Regulation 2017 , schedule 1 as the Cape York region.

def Cape York strategic environmental area sub 2014 SL No. 226s 7(1); 2017 SL No. 103s 111

amd 2017 SL No. 141s 31

Channel Country strategic environmental area see section 4 (1)(a).

def Channel Country strategic environmental area amd 2014 SL No. 226s 7(2)

chloride content, for schedule 3 , see schedule 3 , section 8 .
dam
(a)means the following—
(i)a barrier, whether permanent or temporary, that does, could or would impound water;
(ii)the storage area created by the barrier;
(iii)an embankment or other structure that is associated with the barrier and controls the flow of water; but
(b)does not include a water tank, including a rainwater tank, constructed of steel, concrete, fibreglass, plastic or similar material.
electrical conductivity, for schedule 3 , see schedule 3 , section 9 .
environment department means the department administering the Environmental Protection Act.
expected area of impact, for an assessment application, for schedule 4 , see schedule 4 , section 1 .
favourable drainage, for schedule 3 , see schedule 3 , section 2 .
field handbook, for schedule 3 , see schedule 3 , section 1 (1).
Fraser Island strategic environmental area see section 4 (1)(b).

def Fraser Island strategic environmental area amd 2014 SL No. 226s 7(3)

gilgai, for schedule 3 , see schedule 3 , section 10 .
Gulf Rivers strategic environmental area see section 4 (1)(c).

def Gulf Rivers strategic environmental area amd 2014 SL No. 226s 7(4)

Hinchinbrook Island strategic environmental area see section 4 (1)(d).

def Hinchinbrook Island strategic environmental area amd 2014 SL No. 226s 7(5)

non-rigid soils, for schedule 3 , see schedule 3 , section 12 (3).
permanent impact, of a resource activity or regulated activity on strategic cropping land, for schedule 2 , see schedule 2 , section 1 (2).
pre-activity condition, for land in the strategic cropping area, for schedule 2 , see schedule 2 , section 1 (1).
property (SCL), in the strategic cropping area, for schedule 2 , see schedule 2 , section 1 (1).
rigid soils, for schedule 3 , see schedule 3 , section 12 (1).
rockiness, for schedule 3 , see schedule 3 , section 5 .
satisfactory drainage, for schedule 3 , see schedule 3 , section 3 .
SEA map, for a strategic environmental area, see section 4 (2).
slope, for schedule 3 , see schedule 3 , section 13 .
soil chemical methods, for schedule 3 , see schedule 3 , section 1 (2).
soil depth, for schedule 3 , see schedule 3 , section 14 .
soil pH, for schedule 3 , see schedule 3 , section 11 .
soil physico-chemical limitation, for schedule 3 , see schedule 3 , section 15 (1).
soil water storage, for schedule 3 , see schedule 3 , section 16 (1).
standard soil colour chart, for schedule 3 , see schedule 3 , section 1 (3).
strategic cropping land see the Act, section 10(2).
surface, for schedule 3 , see schedule 3 , section 17 .
used, for schedule 2 , part 1 , see schedule 2 , part 1 , section 1 .
voluntary agreement means an agreement mentioned in the Act, section 22(2)(a)(i) or (ii).
waterlogged layer, for schedule 3 , see schedule 3 , section 4 (1).
water storage (dam) see section 11 (3).
weathered rock, for schedule 3 , see schedule 3 , section 7 (1).