Regional Planning Interests Act and the agricultural sector · Regional Planning Interests Act The boom in resource exploration, extraction and production in Queensland has led to

Great state. Great opportunity.

Department of State Development, Infrastructure and Planning

Regional Planning Interests Act and the agricultural sector

Deputy Premier’s messageThe Regional Planning Interests Act delivers on the Queensland Government’s commitment to protect prime agricultural land and resolve land use conflicts where they occur.

This legislation will establish a clear and equitable process of assessing resource developments on priority agricultural land across Queensland using mechanisms that have been successfully employed in urban planning for many years.

The assessment process established by the Act restores the balance of power between rural producers and resource companies when new mining or gas developments are proposed, giving both parties the certainty they need to plan for the future.

I thank farm groups and the resources sector for their ongoing input into the development of these laws and the assessment criteria that support them.

The Honourable Jeff Seeney MP, Deputy Premier and Minister for State Development, Infrastructure and Planning

Regional Planning Interests ActThe boom in resource exploration, extraction and production in Queensland has led to significant economic opportunities, but also uncertainty regarding the impact of the industry on agricultural assets and communities.

To ensure prosperous and resilient regional communities into the future, it is vital that both the agricultural and resources sectors grow and flourish. The Queensland Government wants to see resource companies and landholders work together to achieve mutually beneficial outcomes for themselves and their region.

The Queensland Government’s Regional Planning Interests Act (RPI Act) will deliver on the government’s commitment to protect prime agricultural land and provide greater power to landholders in negotiating with resource companies.

How will the RPI Act assist landholders?The RPI Act allows regional communities through their regional plans to determine the agricultural, living and environmental areas to be protected, and establishes a process of assessing resource development in those areas.

The laws will level the playing field for landholders negotiating with the resources sector and provide the strongest incentive yet for resource companies to effectively negotiate with landholders. The framework ensures that landholders have a say in any development that occurs on their property. It provides an incentive for a resources company not to take action in the Land Court after 40 days if agreement cannot be reached for land in Priority Agricultural Areas (PAAs).

If agreement cannot be reached between a landholder and a resource company, the company must seek a Regional Interests Development Approval from the Department of State Development, Infrastructure and Planning, with advice provided by the independent GasFields Commission Queensland.

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No Yes

Yes

No

The resource company must discuss with the landowner the impact it is likely to have on thepriority agricultural land use, and try to reach agreement about how its activities should be configured.

RPI Act – resource company obligations when seeking to operate on a priority agricultural land use

The company must provide entry notice at least 10 business days prior to preliminary activities commencing.

The company must apply to Department of State Development, Infrastructure and Planning for a Regional Interests Development Approval. The application will be assessed against the assessment criteria set out in Regional Planning Interests Regulation.

No resource activities can commence until the decision is made and appeals completed.

Activity not approved.

Company can appeal decision.

Landholder or another affected landholder can appeal decision.

If the decision is upheld the project is still subject to the existing environmental approvals process and land access requirements.

Activity approved with conditions based on assessment criteria.

The resource company can proceed with the activity, only when they have:

• entered into a conduct and compensation agreement (CCA) with the landholder or

• entered into a deferral agreement with the landholder (allowing for a CCA to be agreed at a later time).

The current requirements under the Land Access Code continue to apply.

Will there be any impact on the business or land use activities?

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What areas will the RPI Act protect? The RPI Act identifies and protects:

• Priority Agricultural Areas (PAAs)

• Priority Living Areas (PLAs)

• Strategic Environmental Areas (SEAs)

• Strategic Cropping Area (SCA, formerly Strategic Cropping Land).

Any new resource development seeking to operate in PAAs will need to meet assessment criteria ensuring no material loss of land, no threat to continued agricultural use and no material impact on declared regionally significant irrigation aquifers or overland flow. Outside PAAs, existing Strategic Cropping Land protections will remain.

Development carried out by private landholders that only impacts on their own land will not be affected by the RPI Act.

How will Strategic Cropping Land be protected?The RPI Act repeals the Strategic Cropping Land Act 2011. However, the protection policies have been migrated into the new legislation through the declaration of an SCA as an area of regional interest.Land currently identified as Strategic Cropping Land retains its protection.

What about resource developments proposed outside PAAs and SCA?Proposed resource developments outside PAAs and SCA will continue to be subject to Queensland’s rigorous land access laws and resource companies must still negotiate conduct and compensation agreements with landholders.

Where can I get more information about the RPI Act?For more information about the Regional Planning Interests Act, please visit the department’s website at www.dsdip.qld.gov.au/RPIAct If you have any enquiries, please email [email protected]

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