REGULATORY REQUIREMENTS:
WHAT LAND CAN BE DEVELOPED?
What requirements must be met?
Development of a cropping opportunity requires both:
-
The ability to gain regulatory approval to undertake the enterprise; and
-
A viable business case for the planned enterprise.
The process to develop a viable business case for the planned enterprise is described under “Step-by-Step approach to build an opportunity.”
This section addresses the regulatory steps to identify what land can and cannot be developed, and the requirements that must be met.
Explore your land site in the website below
Any large-scale cropping development is likely to be regulated under a number of pieces of State, Federal and Local Council legislation and planning requirements.
Understanding the requirements for compliance with State, Federal and Local legislation and planning requirements is the key first consideration in exploring the opportunity for cropping development. An outline of relevant legislation and planning requirements is presented in the following sections.
Of the legislation described, the Vegetation Management Act will likely have the greatest influence on the capacity to undertake cropping development.
-
A flowchart is provided setting out the decision process to determine how land is classified under the Vegetation Management Act.
-
A StoryMap is also provided that will guide you through the vegetation management mapping process and allow you to navigate to your property to identify capacity and/or approval requirements for cropping development.
The Flowchart and StoryMap will help you to decide which areas of your property on which to focus your development plans. However, while these tools will provide an initial indication of the capacity and approval pathway for cropping development relevant to the Vegetation Management Act, to fully understand the specific requirements and processes that apply to your proposed cropping development, it is strongly recommended that Landowners consult with either:
-
The State Assessment and Referral Agency (SARA); or
-
Their Local Council
Once you have an initial idea of your planned development, a pre-lodgement application is strongly recommended. The response received from this application will identify the relevant assessment manager for your specific proposal, and an initial outline of relevant legislation and matters that will need to be addressed to secure the required approvals. A pre-lodgement application via SARA can be made through the following avenues:
-
On line via the MyDAS2 system: https://prod2.dev-assess.qld.gov.au/suite/; or
-
By contacting your SARA regional office: https://planning.statedevelopment.qld.gov.au/contact-us.
A factsheet outlining the pre-lodgement process with SARA can be accessed at
https://dsdmipprd.blob.core.windows.net/general/factsheet-seeking-pre-lodgement-advice-from-SARA.pdf
State Legislation
Vegetation Management Act 1999
The Vegetation Management Act (VMA) regulates the clearing of vegetation in a way that: • conserves sensitive regional ecosystems; • ensures the clearing does not cause land degradation; • prevents the loss of biodiversity; • reduces greenhouse gas emissions; and • allows for sustainable land use. Subordinate legislation: • Vegetation Management Regulation 2012. The Act considers vegetation to be a native tree or plant other than: • grass or non-woody herbage; or • a mangrove; or • a plant within a grassland Regional Ecosystem prescribed under the Vegetation Management Regulation 2012 (i.e., a Schedule 5 Grassland). Additionally, the Act considers clearing to mean: • to remove, cut down, ringbark, push over, poison, or destroy in any way including by burning, flooding or draining; but • does not include destroying standing vegetation by stock, or lopping a tree. Relevance to cropping development: • Vegetation clearing should be avoided where possible in the design of a new cropping development. • If clearing is unavoidable, developments should target previously cleared areas, classified under the VMA as Category X, or to exempt vegetation mapped as Schedule 5 Grassland. There are no restrictions to development, relating to vegetation clearing, within Category X and Schuelde 5 Grassland areas. • New cropping developments unable to avoid clearing of vegetation other than Category X or Schedule 5 Grasslands, may be able to proceed under a legislative assessment process.
Understanding the implications of the Vegetation Management Act for your property
Of the various legislative requirements, compliance with the Vegetation Management Act is generally the most significant consideration. Definitions in the Act as to what constitutes a “tree”, “vegetation”, “clearing” and “Infrastructure” are important in interpreting the Act. Based on the State vegetation mapping and proposed development parameters (dryland, irrigated, etc.) land may be classified with respect to the Vegetation Management Act into the following four categories:
1
Land that can be developed with no restrictions;
This represents land that is mapped as:
-
Regulated Vegetation Category X; or
-
Grassland Regional Ecosystems within Regulated Vegetation Category B; or
-
Regulated Vegetation Category B (other than Grassland Regional Ecosystems), Category C or Category R where woody vegetation is not cleared. (By nature, this is generally only applicable to some drylands cropping).
Note, trees are not considered as “Vegetation” under the Vegetation Management Act when they occur within a Grassland Regional Ecosystem, so may be cleared.
Land that can be developed with approval through the Development Approval process;
This represents land that is mapped as:
-
Regulated vegetation Category B (other than a Grassland Regional Ecosystem), Category C or Category R where the clearing is for Fixed Infrastructure (i.e. this excludes centre pivot infrastructure).
By nature, this is only applicable to fixed infrastructure such as fence lines, building sites, irrigation delivery pipelines, etc.).
3
Land that can be developed with approval through a Coordinated Project process;
This represents land that is mapped as:
-
Regulated Vegetation Category B (other than Grassland Regional Ecosystem), Category C or Category R, where clearing is required.
By nature, this is applicable to irrigated agricultural developments where tree clearing is required to construct moving infrastructure such as centre pivots or drylands agriculture where tree clearing is required for cultivated rows).
4
Land that cannot be developed.
This represents land that is mapped as:
-
Mapped as Regulated Vegetation Category A; or
-
Is not approved for agriculture development after evaluation via a coordinated project process.
2
VEGETATION MANAGEMENT ACT DECISION TREE
*Vegetation Category can e obtained from:
1. Free vegetation management report https://www.resources.qld.gov.au/qld/environment/land/vegetation/vegetation-map-request-form
2. RVM mapping layers in Globe or QSpatial https://www.resources.qld.gov.au/qld/environment/land/vegetation/vegetation-map-request-form
If you consider your land to e innncorrectly mapped, a property map of assessable vegetation (PMAV) can be applied for through the Department of Resources
**Note that clearing also includes he death of vegetation due to flooding or other changes to hydrology but does not include lopping where the loping does not kill the tree/shrub.
***Includes Woody grassland REs, Woodlands and Forests
****Check with Local Council to determine if the proposed development constitutes a Materil Change. Development approval maybe required.
Planning Act 2016
This Act establishes a system of land use planning, development assessment, and facilitates the achievement of ecological sustainability. Integrating: • The protection of ecological processes and natural systems; • Economic development; and • The maintenance of the cultural, economic, physical, and social wellbeing of people and communities. Subordinate legislation: • Planning Regulation 2017. Relevance to cropping development: • Assuming no clearing of any woody vegetation is proposed, and the development is considered accepted development with respect to vegetation clearing (Section 3.1.1), there are other aspects of the cropping development that may require assessment under the Planning Act. • If irrigated cropping is under consideration, the following operational works of such a development will require assessment by the Chief Executive: o Construction of a dam [Planning Regulation Schedule 8, Table 4, Item 3(f)] o Taking or interfering with water [Planning Regulation Schedule 8, Table 4, Item 3(k)] o Constructing or raising waterway barrier works [Planning Regulation Schedule 8, Table 4, Item 3(m) OR Planning Regulation Schedule 10, Part 6, Division 4, Subdivision 3]
Water Act 2000
This Act provides a framework for: • The sustainable management of Queensland’s water resources; • The sustainable and secure water supply and demand management by region; • The management of impacts on underground water caused by the exercise of underground water rights by the resource sector; and • The effective operation of water authorities. Subordinate legislation includes: • Water Regulation 2016. • Water Plan (Cape York) 2019. • Water Plan (Gulf) 2007. • Water Plan (Mitchell) 2007. Relevance to cropping development includes: • Assuming no clearing of any woody vegetation is proposed; • The development is considered accepted development with respect to vegetation clearing, and • The intended development proposes the use of irrigation.
Nature Conservation Act 1992
The object of this Act is the conservation of nature, achieved by: • Management of protected areas; • Protection of native wildlife and its habitat; and • Cooperative involvement of landholders. Subordinate legislation includes: • Nature Conservation (Animals) Regulation 2020. • Nature Conservation (Plants) Regulation 2020. • Nature Conservation (Protected Areas) Regulation 1994. Relevance to cropping development includes: • The Nature Conservation Act provides another layer of regulation on clearing of vegetation aimed at protecting threatened species and their habitats to ensure that development activities are conducted in an ecologically sustainable manner. • The Act requires anyone who wishes to clear native vegetation to obtain approval from the Queensland Government. This involves an assessment of the environmental impacts of the proposed clearing and the implementation of measures to mitigate any impacts.
State Development and Public Works Organisation (SDPWO) Act 1971
This is “an Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination, and for related purposes.” This Act has the authority under which the Coordinator General declares a Coordinated Project. Subordinate legislation: • State Development and Public Works Organisation Regulation 2020 Relevance to cropping development: • If the proposed cropping development requires the clearing of any woody vegetation within a regulated vegetation category (i.e., Category B (excluding Schedule 5 Grasslands), C or R), the development will require approval through the Coordinator General pathway.
Overview of Process
-
An overview of the coordinated approval process is illustrated below
-
The Coordinator General may make one of two types of declarations:
-
Environmental Impact Assessment (EIS): (declared under Section 26(a) of the SDPWO Act). Typically applies to projects that are typically high-risk and/or are large-scale projects that may not be well defined.
-
Impact Assessment Report (IAR) (declared under Section 26(b) of the SDPWO Act). You have Typically applies to projects that are well-defined and low-to-medium risk.
-
OVERVIEW OF COORDINATED APPROVAL PROCESS
Pre-lodgement meeting
Proponent refers to project to Australian Governnement
( if required )
Application for declaration
Project declared
'coordinated'
Draft terms of reference for EIS prepared*
Final terms of reference issued to proponent
Revised draft EIS/IAR provided (may be publicly notified)
Coordinator-General requests additional information (if required)
Coordinator-General evaluates draft EIS/IAR & pulic submissions
Draft EIS/IAR
publicly released^
Proponent prepares
draft EIS/IAR
Coordinator-General
accepts final EIS/IAR
Coordinator-General releases report on EIS/IAR
Australian Government approval (if required)
Development approvals
(eg. material change of use)
* Not applicable for projects requiring an IAR.
^ Public release of an IAR is not required in all circumstances.
Fisheries Act 1994
The main purpose of this Act is to provide for the use, conservation and enhancement of the community’s fisheries resources and fish habitats in a way that seeks to: • apply and balance the principles of ecologically sustainable development; and • promote ecologically sustainable development. Subordinate legislation includes: • Fisheries (General) Regulation 2019. Relevance to cropping development includes: • Measure to protect aquatic habitats, including rivers, lakes, and coastal waters, which may be impacted by crop development practices such as land use changes, irrigation, and pesticide use. • Provisions to protect threatened and endangered species of fish, marine animals, and plants that may be impacted by cropping.
Land Act 1994
The Queensland Land Act 1994 regulates the management and use of land in Queensland based on the principles of: • sustainable resource use; • land evaluation based on the appraisal of land capability and balancing economic, environmental, cultural and social opportunities and values of the land; • allocating land for development in the context of the State’s planning framework; • retention of land for the community in a way that protects and facilitates community purpose; • protection of environmentally and culturally valuable and sensitive areas and features; and • consistent and impartial administrative dealings. Subordinate legislation includes: • Land Regulation 2019 • Land Title Practice Manual • Vegetation Management Regulation 2018 • Land Sales Act 1984 • Sustainable Planning Regulation 2009 • Water Act 2000 Relevance to cropping development includes: • sets out the legal framework for land tenure, land use planning, and land development, including agricultural development such as cropping • tenure can influence the availability and accessibility of land for cropping development. • provides a framework for land use planning, which includes the development of regional plans and land use plans that guide the management and development of land. These plans can influence the type and intensity of cropping development that is allowed in specific areas, as well as the management practices that are required to mitigate any potential environmental impacts. • includes provisions for the management of natural resources, including soil and water, which are essential for successful cropping development.
OVERVIEW OF COORDINATED APPROVAL PROCESS
Investigate cropping
development options
LOOK UP THE LAND TENURE
see QGlobe layers below
Does the tenure allow /
include agricultural purposes?
Cropping development
cannot be persued
Aboriginal Cultural Heritage Act 2003
The main purpose of this Act is to provide effective recognition, protection and conservation of Aboriginal cultural heritage. Subordinate legislation includes: • Aboriginal Cultural Heritage Regulation 2018. • Aboriginal Cultural Heritage Guidelines 2021. • Aboriginal and Torres Strait Islander Cultural Heritage Duty of Care Guidelines 2015. • Aboriginal Cultural Heritage Code of Practice 2018. • Aboriginal Cultural Heritage Duty of Care Handbook 2010. Relevance to cropping development includes: • Requirement for the identification and registration of cultural heritage places and objects, and the development of management plans for places, objects and areas of land that have traditional significance to Aboriginal people, which may be impacted by cropping development. • process for consultation and engagement with Aboriginal people to ensure that their cultural heritage is appropriately recognized and protected. • requirement to conduct cultural heritage assessments and obtain the appropriate approvals before conducting any activities that may impact on Aboriginal cultural heritage.
Federal Legislation
Environment Protection & Biodiversity Conservation Act 1999
The objects of this Act are to: • provide protection of the environment, especially matters of national environmental significance (MNES). • promote ecologically sustainable development through conservation and ecologically sustainable use of natural resources. • promote the conservation of biodiversity. • provide for the protection and conservation of heritage. • promote a co-operative approach to protection and management of the environment (government, community, landholders, and indigenous peoples). • assist in the co-operative implementation of Australia's international environmental responsibilities. • recognise the role of indigenous people in the conservation and ecologically sustainable use of Australia's biodiversity. • promote the use of indigenous people's knowledge of biodiversity with the involvement of, and in co-operation with the owners of the knowledge. Relevance to cropping development includes: • Any proposed development that may have a significant impact on a matter of national environmental significance (MNES) will need to undergo an environmental impact assessment (EIA) to assess and manage the potential environmental impacts of the development. • MNES include threatened species and ecological communities, migratory species, wetlands of international importance, and world heritage properties (these are listed in the Act). This means that if a proposed cropping development has the potential to impact on any of these MNES, an EIA would need to be conducted to assess and manage the potential environmental impacts of the development. This Act recognises and protects native title. It provides that native title cannot be extinguished contrary to the Act. The main objects of this Act are: • to provide for the recognition and protection of native title; • to establish ways in which future dealings affecting native title may proceed and to set standards for those dealings; • to establish a mechanism for determining claims to native title; and • to provide for, or permit, the validation of past acts, and intermediate period acts, invalidated because of the existence of native title. Relevance to cropping development: • Under the Native Title Act, native title holders have certain rights to use and access their traditional lands and waters, including the right to hunt, fish, gather, and engage in other cultural activities. These rights may be affected by proposed cropping development activities, particularly if they involve clearing or other activities that impact on the natural environment. • where proposed cropping development activities may impact native title rights and interests, the Act requires that the developer engage in good faith negotiations with the native title holders to reach agreement on the proposed development. This may include negotiating compensation or other benefits to be provided to the native title holders in exchange for their agreement to the development. • The Act also establishes a Native Title Tribunal, which has the power to make determinations about native title rights and interests and to mediate disputes between native title holders and other parties.
Council Planning Schemes
Local council planning schemes in Queensland provide guidance and requirements for land use and development within their respective council areas. The specific requirements of local council planning schemes on cropping development can vary depending on the location, size and nature of the proposed development. However, common requirements may include: • Zoning: Council planning schemes generally include zoning maps that specify the types of land use that are permitted in each zone. Some zones may permit cropping development as a primary or secondary land use, while others may not allow cropping development at all. • Land use definitions: The specific definition of cropping development may include requirements and restrictions on the types of crops that can be grown, the maximum area of land that can be used for cropping, and the use of specific farming practices. • Development standards: Standards may include requirements for setbacks from property boundaries, minimum lot sizes, maximum building heights, and minimum parking requirements. • Environmental and cultural considerations: This may include requirements for environmental impact assessments, protection of wetlands and waterways, and consultation with local Aboriginal groups to identify and protect cultural heritage sites. • Approval processes: This may include requirements for development applications, public notification and consultation, and conditions of approval.