The State Government has now released a new Draft State Planning Policy (SPP) for “strategic cropping land” (SCL) for public consultation. The aim of the Draft SPP is to protect SCL from incompatible uses which would lead to its permanent alienation, thereby protecting its use for cropping purposes.
This is not a new concept, with protections for “good quality agricultural land” being in place in Queensland since 1992. The SCL SPP focuses particularly on land to be used for plant and fibre crops, as opposed to grazing lands.
While what will be considered SCL is yet to be determined, the Government has indicated that in addition to the SCL SPP, new legislation will be introduced which describes how SCL is to be identified. That legislation will then provide for trigger mapping and identification criteria. It is anticipated that the trigger mapping will then delineate all land likely to be SCL, with further criteria to be used in on-ground assessments.
It is important to note that the SCL SPP will only apply to development proposed under the Sustainable Planning Act 2009. Interestingly, it will have no impact on mining and resources developments; the Government indicating that further amendments to the relevant mining and resources legislation will be made to adequately protect SCL from those industries.
In effect, the SCL SPP will restrict development on SCL which would have temporary or permanent impacts on the use of that land for cropping purposes. Generally, development will only be approved where it will have: no impacts; can mitigate impacts; there are exceptional circumstances requiring development be located on SCL; or there is an overriding public need.
Where the SCL SPP applies, all development applications will be referred to the Department of Environment and Resource Management (DERM) for assessment. DERM will then have power (as a concurrence agency) to approve, condition or refuse the development.
In addition to the obvious impacts the SCL SPP will have on proposed development, both in restricting development and the further assessments required, DERM are also proposing significant fees for assessment of development on SCL. DERM propose the fee to simply assess development on SCL to be $27,254. Where development is proposed on the basis that there are “exceptional circumstances” justifying its approval, assessment fees will increase to $46,253.
Public consultation on the SCL SPP is open until 30 September 2011.
If you are concerned about the possible implications of the SCL SPP for your property, we invite you to contact Dan Morton or Travis Schmitt of this office.
