Frequently asked questions—local government

Many constituents are concerned about mining in our local area. Does the legislation protect their land?

Proposed exploration and resource production developments on SCL—such as open cut mining, coal seam gas, underground coal gasification and long-wall/underground mining—will be assessed under the new legislation.

What types of development are covered by the State Planning Policy?

State Planning Policy 1/12: Protection of Queensland’s strategic cropping land (SPP) only applies to developments already made assessable by councils under their planning schemes. Generally, this will be urban or industrial development (i.e. housing, industrial estates, and commercial centres) in rural areas.

The State will have new concurrence roles and these will apply only to some Material Change of Use and Reconfiguring Lot applications.

Some development on SCL is exempt from the policy and will not require assessment, including:

Larger scale developments will be assessed under the SPP, including:

Will a farmer have to pay a high application fee to build things on their land like a tractor shed or a set of yards?

Development that does not require a development permit from Council will not need a further approval under the SCL legislation. Also, no additional approval is needed for most small-scale development or any development for cropping.

Will landholders be able to build a cattle feedlot on their land?

Cattle feedlot development will not require any new approvals.

Can a landholder diversify their business and build a 'bed and breakfast' to supplement their farm business during a drought?

Small-scale farm diversification activities to supplement farming business, including small-scale bed and breakfasts will not require any approvals under the new legislation.

Will a guideline be developed to support the SPP?

Yes. A guideline is being developed to help you implement the SPP.

Who will be responsible for assessing developments?

The Department of Environment and Resource Management (DERM) will have a concurrence agency assessment role under the Sustainable Planning Act 2009 for any development requiring assessment under the SCL legislation.

How does the SPP deal with urban expansion in areas surrounded by SCL?

Urban land use should not generally be designated on SCL because this would cause a permanent impact. However, there are some towns that are completely surrounded by SCL. The SPP allows urban expansion on SCL in protection areas only in limited and exceptional circumstances.

Does SPP 1/92 continue to have effect?

Yes. SPP 1/92: Development and the Conservation of Agricultural Land (SPP 1/92), which applies to good quality agricultural land, continues to apply and will operate in tandem with the SCL SPP.

SPP 1/92 protects a broad range of important agricultural land, including some areas of grazing land. The SCL SPP will only apply to Queensland's best cropping land resources. Therefore, both SPPs will be applied to ensure no reduction in the protection of Queensland's agricultural land resources.

By definition, SCL is likely to also be protected as good quality agricultural land (GQAL) under SPP 1/92. However, land determined to be SCL must be assessed under the SCL SPP. While the SCL SPP will generally provide a higher level of protection, GQAL will still be protected under SPP 1/92. In instances where both SPPs apply, the SCL SPP will prevail if it provides higher protection.

Are the green areas on the trigger map confirmed SCL?

No. The trigger maps are a starting point for identifying SCL. The green areas on the trigger maps indicate areas that are likely to be SCL.

An on-ground assessment using the criteria will need to be conducted to confirm whether or not the land is SCL.

Will the trigger maps be amended as SCL is confirmed?

As areas are confirmed as SCL, the boundaries of validated SCL will override the trigger map.

If land is confirmed as SCL, it will be recorded on title.

DERM's online mapping tool will also be updated progressively to show these validated areas. This will ensure that developers can check if land has been confirmed as SCL so they don't need to re-assess the area.

What do landholders need to do if their land is identified as potential SCL on the trigger map?

Landholders do not need to assess or validate their land to confirm if it is SCL.

If a development application is lodged that covers some or all of their land, the developer will have to undertake a SCL assessment and cover all application costs.

Separate to any development application, landholders may decide to assess their land to confirm its status.

What can landholders do if their land is NOT identified as potential SCL on the trigger map?

Landholders can undertake an SCL validation assessment to confirm the status of their land. If the land is SCL it will be added to the trigger map.

Do developers have to notify the landholders that SCL validation and cropping history tests are being undertaken?

Yes. Developers will be required to notify landholders of an assessment. Landholders will have the opportunity to review and provide comment on the technical details of the assessment.

How much will an application cost?

The implementation of the new legislation will have financial implications for the government, businesses and landholders.

A Regulatory Assessment Statement was released on 31 May 2011 that evaluated the cost-recovery options and identified the most efficient and fair way to recover those costs.

Submissions received were considered and taken into account when finalising the fee amounts.

The SCL application fees are included in the Strategic Cropping Land Regulation 2011 (PDF)*. See the Strategic cropping land - fee structure fact sheet (PDF, 68K)* for more information.

Our local government area is in a protection area. What protection can landholders expect if their land is confirmed as SCL?

Proposed development in the protection areas, if referred for assessment, will not be able to permanently impact confirmed SCL, except in limited exceptional circumstances.

The Minister (or the Coordinator-General for declared State significant projects) may declare, in special circumstances, that a development presents an overwhelmingly significant community benefit to the State and that there is no alternate site for the development (e.g. a hospital or school, or a rare mineral only found in certain parts of the state). However, this will be a rare occurrence.

These developments will still be required to avoid and minimise any impacts on SCL, and mitigate any permanent impacts.

Our local government area is in the management area. What protection can landholders expect if their land is confirmed as SCL?

Proposed development in the management area, if referred for assessment, will be required to avoid and minimise, to the maximum extent possible, any impacts on identified SCL, and mitigate any permanent impacts.

How should our local government planning scheme account for SCL?

It is intended that urban and rural residential areas should not be designated on SCL. This should be reflected in the land use plans in local government planning schemes. The SPP provides guidance for this planning consideration.

If a developer is required to mitigate permanent impacts on SCL, who decides what is the acceptable mitigation measure and will this be determined before a development assessment can be finalised?

Mitigation arrangements aim to address the loss of agricultural productive value that occurs where a development results in permanent impacts on SCL.

Developers will be able to mitigate by making a payment to the SCL mitigation fund or undertaking projects that contribute to maintaining Queensland's agricultural cropping productive capacity. Funds and projects will be targeted to activities that meet the mitigation principles.

When a development is being approved, permanent impacts on SCL will be identified, and the size of the area required to be mitigated will be calculated by DERM.

For more information, read the mitigation fact sheet (PDF, 93K)*.

Many constituents in our local government area are concerned about the environmental effects of coal seam gas on agricultural land and groundwater. How are these issues being addressed?

New land access laws have been introduced to tightly control how coal seam gas (CSG) activities are conducted and ensure landholders receive fair compensation.

The LNG Enforcement Unit has been established to comprehensively audit the activity of CSG companies and address safety, land access and environmental concerns and compliance issues.

The role of the Queensland Water Commission has been expanded to help monitor and predict potential groundwater impacts in intensely developed areas where CSG operations may overlap, such as the Surat Basin.

Does the new legislation stop resource companies gaining exploration permits on SCL?

The new SCL legislation does not stop exploration; however, it will apply to exploration-related applications and impacts on SCL will be assessed.

Exploration permits do not entitle the holder to conduct mining operations and do not mean a mining project will ever proceed on the land under the permit.

Exploration activities are generally of a temporary nature and determine whether mineral resources exist under the land.

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Last updated 30 January 2012

Strategic cropping land