Frequently asked questions—urban developers

Is urban development covered by the new legislation?

Urban and industrial development will be assessed by the state under the new legislation when applications are made to councils for material change of use and reconfiguring of a lot.

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.

DERM 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 guideline be developed to support the SPP?

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

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 (GQAL), 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 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.

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

The usual arrangements under the Sustainable Planning Act 2009 for the commencement of new planning instruments apply.

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?

An online mapping tool enables you to view the trigger map on a property, free of charge. You can select an area of interest using a Lot on Plan number or central coordinate and obtain a trigger map of the property in Adobe Portable Document Format (PDF) via email. 

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 proposed 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, if referred for assessment, will not be able to permanently impact confirmed SCL, except in limited exceptional circumstances.

What do we have to do if we 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 for the development (e.g. a hospital or school). 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.

If our proposed 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.

If the land meets the history of cropping test and is referred for assessment, you will be required to avoid and minimise to the maximum extent possible any impacts on identified SCL, and 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 new legislation provides for 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. But you may need the owners consent.

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.

The ability of the SCL criteria to identify the best cropping land in Queensland has been questioned. How can we be sure that the criteria will achieve the aim of the new 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.

* Requires Adobe Reader

Last updated 27 February 2012

Strategic cropping land