Document ID: chunk:federal_register_of_legislation:F2024C01235:reg:44:p1
Version: federal_register_of_legislation:F2024C01235
Segment Type: reg
Provision Reference: reg 44 (pt 1/3)
Character Range: 113713–116384

44  Land that is not agricultural land
 (1) For the purposes of subsection 37(3) of the Act, the kind of land that is not agricultural land at a particular time is land:
 (a) in relation to which one or more conditions in this section are met at that time; and
 (b) that, subject to subsection (2), is not being used wholly or predominantly at that time for a primary production business.
Note: Section 4 of the Act defines agricultural land as land in Australia that is used, or that could reasonably be used, for a primary production business. That definition, as modified by this section, applies in this instrument as well as in the Act (see section 13 of the Legislation Act 2003).
 (2) Paragraph (1)(b) does not apply in relation to land that meets the condition in subsection (13).

Land whose zoning requires approval for primary production businesses
 (3) The zoning of the land requires any of the following (a government authority) to approve the use of the land for any primary production business:
 (a) the Commonwealth, a State or a Territory;
 (b) a Commonwealth, State or Territory body;
 (c) a local governing body.
Note: Land is agricultural land if the zoning of the land allows use for one kind of primary production business without approval, but requires approval for another kind of primary production business.
 (4) The land meets the following conditions:
 (a) the zoning of the land allows use for a primary production business;
 (b) an application has been made to a government authority for:
 (i) the land to be rezoned as land whose zoning does not allow use for a primary production business; or
 (ii) approval for a mine, oil or gas well, quarry, or other similar operation under a mining or production tenement, (a mining operation) to be established on the land; or
 (iii) approval to locate infrastructure relating to a mining operation on the land; or
 (iv) approval for waste from a mining operation to be stored on the land; or
 (v) an approval (including accreditation) for establishing or operating a wind or solar power station to be located on the land (whether on or beneath the surface);
 (c) the application is yet to be finally determined and has not been withdrawn or otherwise disposed of.
Note: Examples of infrastructure relating to a mining operation include infrastructure for processing the material extracted by the operation and accommodation for miners.

Land used in relation to mining operations
 (5) The land is used wholly or predominantly:
 (a) for a mining operation; or
 (b) to locate infrastructure relating to a mining operation; or
 (c) to store waste from a mining operation.
 (6) An approval (that is not