REGIONAL PLANNING INTERESTS ACT 2014 - As at 3 July 2017 - Act 11 of 2014
- As at 3 July 2017
- Act 11 of 2014
Table of Provisions
PART 1 - PRELIMINARY
Division 1 - Introduction
- 1 Short title
- 2 Commencement
Division 2 - Purposes and application of Act
- 3 Purposes and achievement
- 4 Act binds all persons
- 5 Relationship with resource Acts and Environmental Protection Act
Division 3 - Interpretation
Subdivision 1 - Dictionary
PART 2 - RESTRICTIONS ON RESOURCE AND REGULATED ACTIVITIES IN AREAS OF REGIONAL INTEREST
Division 1 - Restrictions
- 19 Restrictions on carrying out resource activity or regulated activity
- 20 Failure to comply with conditions
- 21 Emergency activity defence
Division 2 - Exempt resource activities
- 22 Exemption—agreement of land owner
- 23 Exemption—activity carried out for less than 1 year
- 24 Exemption—pre-existing resource activity
- 24A Exemption—wild river area under the repealed Wild Rivers Act 2005
- 25 Exemption—pre-existing regulated activity
PART 3 - REGIONAL INTERESTS DEVELOPMENT APPROVALS
Division 1 - Preliminary
Division 2 - Applying
- 28 Who may apply for regional interests development approval
- 29 Requirements for making assessment application
- 30 Owner of land given copy of assessment application
Division 3 - Amending or withdrawing application
- 31 Amending
- 32 Withdrawal of application
- 33 Owner of land given notice of amendment or withdrawal
Division 4 - Public notification of particular applications
- 34 Application of div 4
- 35 Applicant must notify
- 36 Consequence of failure to notify
- 37 Properly made submissions
- 38 Submissions must be published or available for inspection
Division 5 - Referral to assessing agency
- 39 Application of div 5
- 40 Assessing agency’s functions
- 41 Assessing agency’s assessment of application
- 42 Assessing agency’s response to application
- 43 Ministerial directions to assessing agency
Division 6 - Additional information etc. for application
- 44 Requirement notice
- 45 Consequence of noncompliance with requirement notice
- 46 Additional advice or comment about assessment application
Division 7 - Deciding application
- 47 Chief executive must decide application
- 48 Decision generally
- 49 Criteria for decision
- 50 Conditions generally
Division 8 - Steps after deciding application
- 51 Notice about decision
- 52 Public notification of decision
- 53 Issuing approval
- 54 When approval takes effect
Division 9 - Amending approval
- 55 Amending approval
- 56 Notice about decision
- 57 Giving effect to amendment
Division 10 - Miscellaneous
- 58 Approval attaches to land
- 59 Regional interests conditions paramount
PART 4 - MITIGATION
Division 1 - Provisions for SCL mitigation conditions
- 60 Application of pt 4
- 61 What is mitigated SCL land
- 62 What is mitigation
- 63 What are mitigation measures
- 64 What is a mitigation deed
- 65 What are the mitigation criteria
Division 2 - Mitigation fund
- 66 Mitigation fund continued
- 67 Purpose and administration
- 68 Payments from fund
- 69 Reporting requirement for mitigation measures
Division 3 - Miscellaneous provisions
- 70 Mitigation deed binds holder’s successors
PART 5 - APPEALS AND DECLARATIONS
- 71 Definitions for pt 5
- 72 Appeal to Planning and Environment Court
- 73 Appeal period
- 73A How appeals are started
- 74 Respondent for appeal
- 75 Notice of appeal to other parties
- 76 Stay of operation of decision
- 77 Who must prove case for appeal
- 77A Appeal decision
- 78 Declarations
PART 6 - MISCELLANEOUS PROVISIONS
Division 1 - Evidence
- 79 Evidentiary aids generally
Division 2 - Offence proceedings
- 80 Division of offences against Act
- 81 Proceedings for indictable offences
- 82 Limitation on who may summarily hear indictable offence proceedings
- 83 Proceeding for summary offences
- 84 Alternative offences
- 85 Court may make orders
Division 3 - Investigation and enforcement
- 86 Authorised persons under the Vegetation Management Act 1999
- 87 Authorised persons under a Local Government Act
- 88 Authorised persons under the Environmental Protection Act
- 89 Ministerial direction to investigate
Division 4 - General
- 90 Guidelines
- 91 No compensation because of Act
- 92 Delegation by chief executive
- 93 Protection of officials from liability
- 94 Approved forms
- 95 Regulation-making power
PART 7 - REPEAL
PART 8 - TRANSITIONAL PROVISIONS FOR REPEAL OF STRATEGIC CROPPING LAND ACT 2011
- 97 Definitions for pt 8
- 98 Validation application
- 99 Resource activities excluded from repealed Act are exempt resource activities
- 100 Conditions imposed for future environmental authority or mining lease relating to EPC 891
- 101 Application for SCL protection decision
- 102 SCL protection decision
- 103 SCL compliance certificate
- 104 Mitigation requirements
- 105 Right of appeal on commencement
- 106 Appeals started at commencement
- 107 Stop work notices and restoration notices
PART 8A - TRANSITIONAL PROVISION FOR STATE DEVELOPMENT, INFRASTRUCTURE AND PLANNING (RED TAPE REDUCTION) AND OTHER LEGISLATION AMENDMENT ACT 2014
- 107A References to former terms
- 108 Existing appeals
108A. (Repealed)
