Over 100 amendments were made to the Bill during its
consideration in detail. In particular:
the exemption for pre-existing resource
activities (clause 24 of the Bill) has been amended so
that it applies where, immediately before land becomes land in an
area of regional interest, a resource activity may be carried out
lawfully the land. An activity may be lawfully carried out on land
if it can be carried out under a resource authority or
environmental authority (EA) and without the need for any further
authority or approval relating to the location, nature or extent of
the expected surface impacts of the activity (whether required
under an Act or a condition of the resource authority or EA). The
policy intent is to exempt activities lawfully operating before an
area was declared an area of regional interest;
a new exemption has been inserted for pre-existing
the exemption applicable where there is agreement with
the landowner (clause 22 of the Bill) was amended so that
it applies to both priority agricultural areas
(PAAs) and strategic cropping areas
(SCAs). Clause 22(3) was amended to clarify when a
resource activity has an impact on land in a PAA or SCA;
new transitional provisions have been inserted for
resource activities in SCAs;
the persons who may appeal a regional interest
decision were not amended. Appeal rights
will still be available to the applicant, the owner of the land and
an "affected land owner";
an appeal will not automatically stay the operation of
a regional interest decision. However, the court may
decide to stay the operation of the decision;
the approval required under the Bill (previously a
"regional interests authority") is now a
"regional interests development
approval" to more closely align with the concept of a
development approval under planning legislation, and the approval
attaches to land and binds successors in title;
a new process for amending a regional interests development
approval has been included.
An exposure draft regulation has been released for consultation.
The Deputy Premier indicated that consultation would be undertaken
on the draft regulation for a period of 60 days. The draft
regulation contains the assessment criteria for applications and
prescribes the circumstances when applications have to be notified,
as well as timeframes under the Act.
Before commencement, those with current and proposed resource
operations should review the legislation, in particular the
exemptions and transitional provisions, to ascertain whether steps
need to be taken to authorise their activities in accordance with
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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The Council announced planning policies to encourage more inner suburban retirement village and aged care development.
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