Strategic Cropping Land Regulation 2011


Queensland Crest
Strategic Cropping Land Regulation 2011
Queensland Strategic Cropping Land Act 2011 Strategic Cropping Land Regulation 2011 Current as at 1 July 2013 Reprint note This is the last reprint before lapse. Lapsed by 2014 Act No. 11 s 96. Lapsed on 13 June 2014.
Information about this reprint This reprint shows the legislation current as at the date on the cover and is authorised by the Parliamentary Counsel. A new reprint of the legislation will be prepared by the Office of the Queensland Parliamentary Counsel when any change to the legislation takes effect. This change may be because a provision of the original legislation, or an amendment to it, commences or because a particular provision of the legislation expires or is repealed. When a new reprint is prepared, this reprint will become a historical reprint. Also, if it is necessary to replace this reprint before a new reprint is prepared, for example, to include amendments with a retrospective commencement, an appropriate note would be included on the cover of the replacement reprint and on the copy of this reprint at www.legislation.qld.gov.au. The endnotes to this reprint contain detailed information about the legislation and reprint. For example— The table of reprints endnote lists any previous reprints and, for this reprint, gives details of any discretionary editorial powers under the Reprints Act 1992 used by the Office of the Queensland Parliamentary Counsel in preparing it. The list of legislation endnote gives historical information about the original legislation and the legislation which amended it. It also gives details of uncommenced amendments to this legislation. For information about possible amendments to the legislation by Bills introduced in Parliament, see the Queensland Legislation Current Annotations at www.legislation.qld.gov.au/information. The list of annotations endnote gives historical information at section level. All Queensland reprints are dated and authorised by the Parliamentary Counsel. The previous numbering system and distinctions between printed and electronic reprints are not continued.
Queensland Strategic Cropping Land Regulation 2011 Contents Part 1 1 2 Part 2 3 4 5 6 7 Part 3 7A 8 9 10 11 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Fees Validation application fee—Act, s 42 . . . . . . . . . . . . . . . . . . . . . . 3 Concurrence agency application fee for development application for SCL or potential SCL—Act, s 90 . . . . . . . . . . . . . . . . . . . . . . . 4 Assessment application fee—Act, s 96 . . . . . . . . . . . . . . . . . . . . 4 Prescribed fee—Act, s 117. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Exceptional circumstances application fee—Act, s 124 . . . . . . . . 5 Other provisions Approval of trigger map amendment—Act, s 34. . . . . . . . . . . . . . 5 Standard conditions code—Act, s 81 . . . . . . . . . . . . . . . . . . . . . . 5 Development prescribed to be in exceptional circumstances—Act, s 120 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Prescribed rate for working out mitigation value—Act, s 139 . . . . 6 Access to sub-zone map . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Endnotes 1 2 3 4 5 6 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 8 8 9 9 10
Strategic Cropping Land Regulation 2011 Part 1 Preliminary [s 1] Strategic Cropping Land Regulation 2011 [as amended by all amendments that commenced on or before 1 July 2013] Part 1 Preliminary 1 Short title This regulation may be cited as the Strategic Cropping Land Regulation 2011 . 2 Commencement This regulation commences on 30 January 2012. Part 2 Fees 3 Validation application fee—Act, s 42 For section 42(b) of the Act, the prescribed fee for a validation application is— (a) if the application only addresses whether all or any of the land is zonal criteria compliant—$4281; or (b) if the application only addresses whether the land has the required cropping history—$2089; or (c) if the application addresses the matters mentioned in both paragraph (a) and paragraph (b)—$6372. Note To the extent the land is in the management area, the application must be for 1 or more whole properties. See section 45 of the Act. Current as at 1 July 2013 Page 3
Strategic Cropping Land Regulation 2011 Part 2 Fees [s 4] 4 Concurrence agency application fee for development application for SCL or potential SCL—Act, s 90 For section 90 of the Act, the prescribed fee for a development application is— (a) if the application is for reconfiguring a lot—$535; or (b) if the application is for a material change of use, the following amount for the area of the development’s footprint as defined under section 85(2) of the Act— (i) if the area is not more than 3000m 2 —$535; (ii) if the area is more than 3000m 2 but less than 10000m 2 —$9678; (iii) if the area is 10000m 2 or more—$29194. 5 Assessment application fee—Act, s 96 For section 96(d) of the Act, the prescribed fee is $29194. 6 Prescribed fee—Act, s 117 (1) The prescribed fee for an application for an SCL compliance certificate is— (a) for carrying out a resource activity that complies with the standard conditions code, part 1—$1035; and (b) for carrying out a resource activity that complies with the standard conditions code, part 2—$1552; and (c) for carrying out a resource activity that complies with the standard conditions code, part 3—$10504; and (d) for carrying out a related resource activity that complies with the standard conditions code, parts 1, 2 or 3—$517. Note For access to the standard conditions code see section 8. (2) However, subsection (1)(d) applies only if— Page 4 Current as at 1 July 2013
Strategic Cropping Land Regulation 2011 Part 3 Other provisions [s 7] (a) a holder of an environmental authority or resource authority applies to amend the authority for which a SCL compliance certificate was given; and (b) the subject of the application mentioned in paragraph (a) is to carry out a related resource activity. (3) In this section— related resource activity , for a resource activity, means an additional resource activity that complies with the same part, or a relevant part, of the standard conditions code as the resource activity. relevant part , of the standard conditions code, means— (a) for the standard conditions code, part 3—the standard conditions code, parts 1 and 2; and (b) for the standard conditions code, part 2—the standard conditions code, part 1. 7 Exceptional circumstances application fee—Act, s 124 For section 124(e) of the Act, the prescribed fee is $49546. Part 3 Other provisions 7A Approval of trigger map amendment—Act, s 34 (1) The amendment of the trigger map made by the chief executive on 17 October 2012 is approved. (2) The trigger map as amended is called ‘Trigger Map for Strategic Cropping Land in Queensland—version 2’. 8 Standard conditions code—Act, s 81 (1) For section 81(1) of the Act, the standard conditions code is the document made by the department called ‘Strategic Current as at 1 July 2013 Page 5
Strategic Cropping Land Regulation 2011 Part 3 Other provisions [s 9] cropping land standard conditions code for resource activities’ dated December 2012. (2) The chief executive must— (a) keep the code published on the department’s website; and (b) make it available for inspection and purchase. Note On the commencement, the department’s website address was <www.derm.qld.gov.au>. 9 Development prescribed to be in exceptional circumstances—Act, s 120 For section 120(1) of the Act, a major renewable energy project as defined under section 292(2) of the Act is prescribed to be a type of development that is in exceptional circumstances. 10 Prescribed rate for working out mitigation value—Act, s 139 (1) For section 139(1) of the Act, the prescribed rate for each hectare of land is— (a) as follows for land in the following sub-zones in the Western Cropping zone— (i) Balonne—$4900; (ii) Central Highlands Isaac—$4750; (iii) Goondiwindi—$5250; (iv) Maranoa—$5750; (v) Western Downs—$6000; or (b) for land in the eastern Darling Downs zone—$7500; or (c) as follows for land in the following sub-zones in the Coastal Queensland zone— (i) Burdekin—$11250; Page 6 Current as at 1 July 2013
Strategic Cropping Land Regulation 2011 Part 3 Other provisions [s 11] (ii) Burnett North and South—$11250; (iii) Mackay Whitsunday—$11250; (iv) Wide Bay Bundaberg—$11250; (v) Central Queensland Coast—$15000; (vi) South East Queensland—$25000; or (d) for land in the Granite Belt zone—$14000; or (e) for land in the Wet Tropics zone—$20000. (2) For subsection (1), a reference to a particular sub-zone is a reference to the sub-zone as shown on the sub-zone map. (3) In this section— sub-zone map means— (a) the electronic map called ‘Sub-zones for strategic cropping land mitigation rates’ held by the department; and (b) the information mentioned in section 11(1). 11 Access to sub-zone map (1) The chief executive must keep digital electronic information that— (a) allows the exact location of the boundaries shown on the map mentioned in section 10(3), definition sub-zone map , paragraph (a) to be identified; and (b) includes the coordinates of corners and bends in the boundaries. (2) The chief executive must— (a) keep the sub-zone map published on the department’s website; and (b) make it available for inspection and purchase. Current as at 1 July 2013 Page 7
Strategic Cropping Land Regulation 2011 Endnotes Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992 , section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 1 July 2013. Future amendments of the Strategic Cropping Land Regulation 2011 may be made in accordance with this reprint under the Reprints Act 1992 , section 49. 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd num o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = numbered = order in council = omitted = original = page = paragraph = preceding = present = previous Page 8 Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No. [X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised version = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered Current as at 1 July 2013
Strategic Cropping Land Regulation 2011 Endnotes 4 Table of reprints A new reprint of the legislation is prepared by the Office of the Queensland Parliamentary Counsel each time a change to the legislation takes effect. The notes column for this reprint gives details of any discretionary editorial powers under the Reprints Act 1992 used by the Office of the Queensland Parliamentary Counsel in preparing it. Section 5(c) and (d) of the Act are not mentioned as they contain mandatory requirements that all amendments be included and all necessary consequential amendments be incorporated, whether of punctuation, numbering or another kind. Further details of the use of any discretionary editorial power noted in the table can be obtained by contacting the Office of the Queensland Parliamentary Counsel by telephone on 3237 0466 or email legislation.queries@oqpc.qld.gov.au. From 29 January 2013, all Queensland reprints are dated and authorised by the Parliamentary Counsel. The previous numbering system and distinctions between printed and electronic reprints is not continued with the relevant details for historical reprints included in this table. Reprint No. 1 1A 1B Amendments included none 2012 SL No. 105 2012 SL No. 254 Effective 30 January 2012 1 August 2012 21 December 2012 Notes Current as at 1 July 2013 Amendments included 2013 SL No. 84 Notes 5 List of legislation Regulatory impact statements For subordinate legislation that has a regulatory impact statement, specific reference to the statement is included in this list. Explanatory notes All subordinate legislation made on or after 1 January 2011 has an explanatory note. Strategic Cropping Land Regulation 2011 SL No. 307 made by the Governor in Council on 15 December 2011 notfd gaz 16 December 2011 pp 801–2 ss 1–2 commenced on date of notification remaining provisions commenced 30 January 2012 (see s 2) exp 1 September 2022 (see SIA s 54) Note—The expiry date may have changed since this reprint was published. See the latest reprint of the SIR for any change. amending legislation— Current as at 1 July 2013 Page 9
Strategic Cropping Land Regulation 2011 Endnotes Natural Resources and Mines Legislation Amendment Regulation (No. 1) 2012 SL No. 105 ss 1, 2(2)(c), pt 17 notfd gaz 20 July 2012 pp 863–7 ss 1–2 commenced on date of notification remaining provisions commenced 1 August 2012 (see s 2(2)(c)) Strategic Cropping Land Amendment Regulation (No. 1) 2012 SL No. 254 notfd gaz 21 December 2012 pp 599–602 commenced on date of notification Natural Resources and Mines Legislation Amendment Regulation (No. 2) 2013 SL No. 84 ss 1, 2(2), pt 17 notfd gaz 31 May 2013 pp 160–5 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2013 (see s 2(2)) 6 List of annotations Validation application fee—Act, s 42 s 3 amd 2012 SL No. 105 s 42; 2013 SL No. 84 s 42 Concurrence agency application fee for development application for SCL or potential SCL—Act, s 90 s 4 amd 2012 SL No. 105 s 43; 2013 SL No. 84 s 43 Assessment application fee—Act, s 96 s 5 amd 2012 SL No. 105 s 44; 2013 SL No. 84 s 44 Prescribed fee—Act, s 117 s 6 amd 2012 SL No. 105 s 45 sub 2012 SL No. 254 s 3 amd 2013 SL No. 84 s 45 Exceptional circumstances application fee—Act, s 124 s 7 amd 2012 SL No. 105 s 46; 2013 SL No. 84 s 46 Approval of trigger map amendment—Act, s 34 s 7A ins 2012 SL No. 254 s 4 Standard conditions code—Act, s 81 s 8 amd 2012 SL No. 254 s 5 © State of Queensland 2013 Authorised by the Parliamentary Counsel Page 10 Current as at 1 July 2013