On Wednesday 20 November 2013 the Hon. Jeff Seeney, Minister for State Development Infrastructure and Planning introduced the Regional Planning Interests Bill 2013 (Regional Planning Bill).
The Bill is new legislation proposed by the Queensland Government aimed at ensuring that the impact of resource activities and other regulated activities in areas of "regional interest" is assessed and managed.
Areas of "regional interest"
The Bill identifies the following areas of regional interest:
- Priority agricultural areas;
- Priority living areas;
- Strategic environmental areas; and
- Strategic cropping areas.
Maps included in the "new generation" regional plans which are progressively being released by the State government will identify priority agricultural areas, priority living areas and strategic environmental areas. These areas of regional interest may also be identified under a regulation.
Strategic cropping areas, which are areas of Strategic Cropping Land (SCL) or Potential SCL, will be identified on the electronic Trigger Map for Strategic Cropping Land in Queensland.
Repeal of Strategic Cropping Land Act 2011
It is noteworthy that the Regional Interests Bill seeks to repeal the Strategic Cropping Land Act 2011 (SCL Act). In doing so, the Bill provides for a number of transitional provisions. For example, certificates and decisions previously issued pursuant to the SCL Act will convert to regional interest authorities where they involve resource activities occurring on strategic cropping areas.
Applying for a "regional interest authority"
Under the Regional Planning Bill, you will be required to apply for a "regional interest authority" if you intend to undertake a resource activity or regulated activity in a regional interest area.
A "resource activity" is defined as an activity which requires a resource authority (for example a mining tenement or petroleum authority), whilst a "regulated activity" is defined as an activity likely to have an impact on an area of regional interest and prescribed under regulation for the area.
There are a number of limited exemptions from the requirement to hold a regional interest authority, including for small scale mining activities and activities that are carried out in strategic cropping areas or in a PAA if the activity is completed and land restored within a 12 month period.
Offences
The Regional Planning Bill makes it an offence to carry out, or allow the carrying out, of a resource activity or regulated activity in an area of regional interest without a regional interest authority.
Review and Submissions
The State Development, Infrastructure and Industry Committee will be conducting a review of the Bill and is required to report its findings to Parliament by 17 March 2014.
The Committee is calling for public submissions to be made by 5pm on 17 January 2014.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.