With the commencement of the Strategic Cropping Land
Amendment Regulation (No. 1) 2012 (Qld) on 21 December 2012, a
number of changes have been made to the strategic cropping land
(SCL) regime in Queensland, including:
amendments to the SCL trigger maps;
a new standard conditions code for resource activities;
new application fees and forms.
Amendments to the SCL trigger maps
A new version of the SCL trigger map has been approved by the
chief executive, with effect from 21 December 2012.
Version 2 of the trigger map removes a number of areas that were
erroneously mapped as potential SCL, including beaches and
foreshores, existing major infrastructure such as mine pits, power
stations and dams, and areas designated as 'urban' in the
Mackay, Isaac and Whitsunday Regional Plan and the Wide Bay Burnett
Regional Plan. We understand that no new areas of potential SCL
have been added.
New standard conditions code for resource
The standard conditions code for resource activities
(Code) simplifies the SCL compliance framework for
certain resource activities that have a temporary impact and are
considered to pose a relatively low risk to SCL. Proponents who are
able to comply with the standard conditions contained in the Code
may make an application for a compliance certificate, rather than
undergo full assessment under the Strategic Cropping Land Act
The new Code, also effective from 21 December 2012, is divided
into three parts:
Part 1 applies to resource activities that will have no
additional impact on SCL or potential SCL beyond what was
previously authorised for the land. This is intended to include the
situation where, for example, an application to amend an
environmental authority is made for a change to the way in which an
activity will be conducted but where the activity, footprint size
and impact are not changing.
Part 2 covers activities that are considered to have a minimal
and temporary impact on SCL or potential SCL. This part mostly
relates to surface resource activities that are limited to
excavations using hand-held tools and light vehicles and which do
not require the construction of formed, gravelled or sealed access
Part 3 covers activities that have a low and temporary impact
on SCL or potential SCL and provides for a wider range of
activities than those provided for in Part 2. This includes, for
example, buried linear infrastructure such as power lines, sample
pits and geotechnical pits, stockpiling soil, water monitoring
bores, lay down areas, chemical and fuel storage, formed and
gravelled access tracks and temporary camps and accommodation.
Financial assurance is only required for Part 3 activities, and
must be paid prior to the commencement of the resource activity on
SCL or potential SCL. Financial assurance for SCL purposes is
separate to financial assurance required for an environmental
New application fees and forms
An application for a compliance certificate will now attract the
if made under Part 1 of the Code—$1,000;
if made under Part 2 of the Code—$1,500;
if made under Part 3 of the Code—$10,149; and
if for the reissue of a compliance certificate under any part
of the Code—$500.
The application fees for validation, protection and exceptional
circumstances decisions remain unchanged.
Clayton Utz communications are intended to provide
commentary and general information. They should not be relied upon
as legal advice. Formal legal advice should be sought in particular
transactions or on matters of interest arising from this bulletin.
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