Use of land
58 Use of land
The use of land for a purpose specified in regulation 46(1)(b) is a high impact activity if a statutory authorisation is required to change the use of the land for that purpose.
The use of land for an extractive industry is a high impact activity if a statutory authorisation is required to use the land for the extractive industry.
The use of a lot or allotment for 3 or more dwellings is a high impact activity if a statutory authorisation is required to use the lot or allotment for 3 or more dwellings.
Despite subregulations (1), (2) and (3), if the whole of the activity area for an activity referred to in subregulation (1), (2) or (3) has been subject to significant ground disturbance, that activity is not a high impact activity.
In this regulation, extractive industry has the same meaning as in the VPP.
Example
A land owner proposes to change the use of his or her land from the grazing of animals to the storage of shipping containers. The land is flat and, in the first instance, no works are proposed, although the grass will first be cut and some non-indigenous shrubs removed. The use of the land for storing shipping containers is an industry and requires a statutory authorisation (a permit under the relevant planning scheme). The proposed use is a high impact activity. If, at a later date, the area is upgraded by works, including excavation for a concrete base on which to store the containers, the upgrade works would also be a high impact activity under regulation 46(1).
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.