Frequently asked questions - resource developers

How will current resources legislation be affected?

Arrangements for resource exploration and development activities will be established under the SCL legislation and through relevant amendments to existing resources legislation. This is to ensure that a consistent process for assessing development proposals on SCL is achieved under all relevant legislation.

What types of resource development are covered by the new legislation?

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 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.

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

Larger scale industrial developments will be assessed under the State Planning Policy, including:

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.

Where can I access more detailed maps?

The Department of Employment, Economic Development and Innovation (DEEDI) has added the SCL trigger maps and information to its Interactive Resource and Tenure Maps. 

Will the 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 you can check if land has been confirmed as SCL so you don't need to re-assess the area.

The land we are proposing to develop is NOT identified as potential SCL on the trigger map. Will we be required to do anything further under the new legislation?

No further SCL assessment will be required.

If our development falls within one of the protection areas, what assessment will we have to undertake?

You will need to conduct an assessment of the land to confirm whether it is SCL if you are not satisfied with the mapping.

You will need to identify which zone the land is in—Western Cropping, Eastern Darling Downs, Coastal Queensland, Wet Tropics or Granite Belt zone—and then conduct an on-ground assessment using the appropriate SCL criteria and guidelines.

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

What do I have to do if I think our development should be considered an 'exceptional circumstance'?

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 in the state where the resource is available (e.g. 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.

See exceptional circumstances for more information.

If our development falls within the management area, what assessment will we have to undertake?

You will need to conduct an assessment of the land to confirm whether it is SCL if you are not satisfied with the mapping.

You will need to identify which zone the land is in—Western Cropping, Eastern Darling Downs, Coastal Queensland, Wet Tropics or Granite Belt zone—and then conduct an on-ground assessment using the appropriate SCL criteria and guidelines

If the land is confirmed as SCL, it will also need to be assessed for a history of cropping. In the management area, land will need to have a history of cropping, as well as meet the SCL criteria.

If the land meets the history of cropping test, you will be required to avoid and minimise, to the maximum extent possible, any temporary or permanent impacts. Where this is not possible, you will be required to mitigate any permanent impacts.

Are SCL zones different to the protection and management areas?

The protection and management areas identify the level of protection that will be afforded to confirmed SCL throughout the state.

The 'zones' reflect regional differences in climate, land forms and cropping systems, and there are specific SCL criteria for each zone. The five zones are:

How much will we have to pay if we have to mitigate permanent damage to SCL?

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

You will mitigate by making a payment to the SCL mitigation fund or undertaking projects that contribute to maintaining Queensland's agricultural cropping productive capacity.

The Strategic Cropping Land Regulation 2012 provides a per hectare mitigation rate based on a regulated land value of arable land in that area.

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

Do we have to own the land to lodge an SCL validation test or cropping history test?

No. An applicant or holder of a resources authority can apply for SCL validation.

Do we have to notify the owner of the land that these tests are being undertaken?

Yes. You are required to notify a landholder of an assessment, and they 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.

There has been a lot of speculation about the ability of the SCL criteria to identify the best cropping land in Queensland. Are you confident that the criteria will achieve the aim of the legislation?

Yes. DERM is confident that the criteria will identify Queensland's SCL.

The criteria were developed by DERM soil scientists, DEEDI agronomists, and independent soil science consultants based on well-established soil science. Collectively, this technical group has over 100 years field experience in Queensland's key cropping areas.

The feedback received in response to the August 2010 framework and from the Stakeholder Advisory Committee was also extremely valuable, and informed the development of the criteria.

A technical assessment, involving detailed checking of 128 sites, and an independent expert review were also undertaken to ensure the proposed criteria were scientifically robust.

Will the criteria be reviewed?

On 24 August 2011, it was announced that a Science and Technical Implementation Committee would be formed to provide independent scrutiny of the soil science central to the new legislation.

The committee will provide:

The committee is made up of four professional soil scientists—two put forward by the Australian Society for Soil Science Inc., and one each put forward by the Queensland Resources Council and the Queensland Farmers' Federation.

Will proposed resource developments currently being assessed be subject to the new legislation?

The SCL Act provides for particular transitional arrangements to apply from 31 May 2011.

Transitional arrangements apply to proposed resource development projects that have met certain milestones in the assessment process. Resource development projects, such as mining, that are not well advanced in the approvals process will be subject to the full effect of the legislation.

In addition, from 30 January 2012, any undecided environmental authority applications for resource activities on SCL or potential SCL will be subject to the requirements of the Strategic Cropping Land Act 2011.

DERM will contact affected applicants to confirm transitional status as soon as possible.

For more information, see transitional arrangements.

Why was the Bandanna Springsure Creek project allowed to proceed?

Whenever a line is drawn in the sand and new regulations are introduced, there will be circumstances that have to be assessed on a case-by-case basis.

In the case of Bandanna Energy’s Springsure Creek project—which had already submitted Environmental Impact Statement Terms of Reference that were practically completed for final consideration and publication when the transitional arrangements were announced on 31 May 2011—strict transitionary arrangements have been applied.

Strict requirements are imposed on this project to minimise the potential impacts it may have. This includes that the project must proceed as an underground coal project, with no scope for any open-cut operations in the future. Bandanna Energy must also use all reasonable endeavours, including contouring and laser levelling if necessary, to rehabilitate the effects of any impacts of the underground coal projects on SCL (such as through subsidence).

These requirements do not preclude other conditions being placed on the project (consistent with the SCL legislation) including to avoid, minimise and mitigate impacts on SCL.

Does the new legislation stop us gaining exploration permits?

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

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Last updated 27 February 2012

Strategic cropping land