SCL protection decision
102 SCL protection decision
This section applies to each of the following SCL protection decisions, to the extent the decision is for a resource activity in an area that is in the strategic cropping area under this Act—
one for a resource activity made under the repealed Act;
one made as a result of an application mentioned in section 101;
one made as a result of an appeal mentioned in section 105 or 106.
The applicant for the decision is taken to have been issued a regional interests development approval (the transitioned approval) for the resource activity in the strategic cropping area.
To the extent the decision imposed an SCL protection condition prohibiting the carrying out of all or part of the resource activity—
subsection (2) does not apply; and
the carrying out of the activity, or part of the activity, is taken to have been the subject of an assessment application, or part of an application, refused under section 48.
An SCL protection condition imposed by the decision, other than an SCL condition mentioned in subsection (3) or a financial assurance condition, is taken to be a regional interests condition imposed on the transitioned authority.
A condition mentioned in subsection (4) stops being a condition of an environmental authority or a resource authority for the resource activity.
Note—
Under the repealed Act, section 103, an SCL condition is taken to be a condition of a relevant environmental authority or resource authority.
The chief executive may issue, under section 53, a regional interests development approval to the applicant for the transitioned approval.
In this section—
applicant means a person who applied for the decision.
financial assurance condition see the repealed Act, section 100(4).
SCL protection conditions—
1 See the repealed Act, section 99(1)(b).
2 SCL protections conditions includes a condition mentioned in paragraph 1 as imposed or amended as a result of an appeal mentioned in section 105 or 106.
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