Late last month, the Bligh government’s Strategic Cropping Land Act 2011 came into effect.

The legislation, an Australian first, is designed to protect Queensland’s best agricultural land from mining activities and other development activities that would permanently impact land, making it unavailable for cropping.

The law will apply to about 42 million hectares of the sunshine state or about one quarter of its landmass. Within this area, a trigger map has identified around 7.57Mha or 4.36% of the state as areas where SCL may exist.

Proposed resource developments will not be permitted to permanently impact SCL except in “demonstrated exceptional circumstances” which include: if the resource is not found at an alternative site in Queensland, the development cannot occur anywhere else other than on SCL and the development would provide a significant community benefit to the state.

The Bligh government insists developments that are assessed as exceptional circumstances would still be required to make all efforts to avoid and minimise any impacts on SCL.

Queensland natural resources minister Rachel Nolan said the framework struck a balance between agriculture, mining and urban development.

“Coming into force, this legislation means that our best land, notably but not only, on the Darling Downs in the Lockyer Valley and in Central Queensland’s golden triangle, will now be protected for agriculture forever.”

The new law prevents open cut mining but it does not stop underground mining, exploration work or coal seam gas production – a major concern for anti-CSG proponents.

CSG operations may be accommodated under the new legislation without permanently impacting the land, such as gas wells and pipelines which are considered to have a temporary impact on the land.

However, CSG infrastructure like water storage ponds and gas compression stations may permanently impact SCL and would not be allowed to be carried out in protection areas.

AgForce policy director Drew Wagner told EnergyNewsPremium the legislation was a step in the right direction but should include all industrial purposes including CSG extraction.

He said there was no proof CSG pipelines, well heads and access roads wouldn’t permanently “alienate” the land.

“We have no proof that there’s not going to be that long-term impact … until we have that, we’re still calling for its full inclusion.”

While there are several exemptions to the application of the act, it will effect existing and future application approvals.

McCullough Robertson partner Tim Hanmore told ENP the legislation would have an impact on the ability of gas players to beneficially extract CSG in some areas.

“Coal seam gas proponents, as well as coal miners, will be impacted by the legislation. There is some impact depending on how far along your approvals are so certainly areas of exploration acreage will be impacted.

“Some will be saved from the full impact of the legislation and certainly some exploration acreage will be lost as a result.”

As for the three already approved CSG-LNG projects at Gladstone, Hanmore said the three projects would feel some of the impact of the new legislation, particularly where exploration acreage was not covered by existing production tenure.

“Some patches of prospective areas in their upstream gas fields not currently the subject of a production tenure may be impacted.

“However my understanding is that many of the CSG proponents are approaching their project design phase with SCL in mind. There is usually some flexibility as to where permanent infrastructure will be placed – and it will tend to avoid SCL areas.

“Well placements can also be moved around to generally avoid the best cropping land. While there will be some operational impact, I think the CSG industry will generally be able to manage their operations around key SCL areas.”

A lot riding on Queensland’s election outcome?

While the legislation will effect existing and future applications and have time and cost implications, it will be interesting to see what the outcome of Queensland’s election will be on the implementation of the act.

The Labor Party and the Liberal National Party, which wants “no go” areas for CSG and increased rights for farmers, will be in a David and Goliath battle to win power.

ENP tried to contact Queensland shadow minister for mining and resource management Jack Dempsey to find out LNP’s stance on CSG and plans for the SCL legislation if elected to power, but he was obviously too busy on the campaign trail.

In its policy for sustainable CSG development, the LNP said it was committed to protecting SCL with the aim to double Queensland’s agricultural production by 2040.

“An LNP government will continue to support the expansion of a sustainable CSG industry in Queensland,” the party said.

“However, the LNP recognises that growth in Queensland’s CSG industry must be finely balanced against the interest of landholders, local communities and the environment.

“We have made it clear that we will not allow any open cut mining and that we won’t allow underground mining, CSG activity or any other development on strategic cropping land if it is likely to have a significant, adverse impact on the productive capacity of that land to produce food and fibre in the future.”

Queenslanders go to the polls on March 24. Regardless of the election outcome, it seems the SCL act will be here to stay in one form or another.

This story first appeared on ILN's sister publication EnergyNewsBulletin.net.