Resources and Other Legislation Amendment Bill 2021
Plain English Summary
Overview
This bill makes changes across five unrelated policy areas: it fixes paperwork problems with older mining leases, protects petroleum production leases from lapsing during renewal, scraps a planned transport ombudsman, gives South East Queensland water distributors new enforcement powers for water restrictions, and lets water providers remove cybersecurity details from public documents.
Who it affects
Mining and petroleum companies gain certainty about their tenure validity. South East Queensland residents face consistent water restriction enforcement from their distributors. Taxi, rideshare and limousine operators will not have a new ombudsman overseeing their industry.
Mining and petroleum tenure fixes
Validates mining leases granted between 1989 and 2010 that had administrative deficiencies in their paperwork, and clarifies that petroleum production leases continue while renewal applications are being decided. This prevents tenures from being challenged or lapsing on technical grounds.
- Mining leases granted 1989-2010 confirmed as valid despite missing recommendations to the Governor in Council or missing instruments of lease
- Petroleum production leases continue in force while renewal applications are pending, resolving an ambiguity before the Land Court
- Authorities to prospect with pending production lease applications protected past the 1 November 2021 expiry deadline
Personalised Transport Ombudsman scrapped
Repeals the Personalised Transport Ombudsman Act 2019 before an ombudsman was ever appointed. A government review found existing dispute mechanisms through Fair Work, the Office of Fair Trading, and the ACCC are adequate, saving approximately $5 million over three years.
- Personalised Transport Ombudsman Act 2019 repealed, saving approximately $5 million over three years
- Existing complaint channels through Fair Work, Office of Fair Trading and ACCC continue to handle disputes
- Department of Transport and Main Roads to establish new mediation channels and enhance complaints frameworks
Water restriction enforcement in South East Queensland
Creates a new water restriction officer role for distributor-retailers Urban Utilities and Unitywater, giving them powers to investigate and enforce water restrictions that local government water providers already have.
- Urban Utilities and Unitywater can appoint water restriction officers with investigation and enforcement powers
- Officers can enter business premises (not residences without a warrant) to check water restriction compliance
- Officers can test, sample, photograph, and require personal details from suspected offenders
Cybersecurity information protected from public disclosure
Allows water service providers to redact sensitive cybersecurity information from documents they must make publicly available, after a 2017 audit led to security-sensitive details being included in public drinking water plans.
- Water providers can redact cybersecurity information from public documents such as drinking water quality management plans
- Cybersecurity information must still be reported to the water supply regulator
- Covers information that could be used to interfere with, damage, or destroy water service electronic systems or data
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee16 June 2021View Hansard
Referred to Transport and Resources Committee
The Transport and Resources Committee examined the Resources and Other Legislation Amendment Bill 2021, which addressed four areas: validating mining leases with historical administrative deficiencies, repealing the Personalised Transport Ombudsman Act 2019, enabling water restriction enforcement for South East Queensland distributor-retailers, and protecting cyber security information reported by water service providers. The committee recommended the bill be passed and made two additional recommendations regarding personalised licence plates that could mislead the public about limousines and taxis. The Queensland Government supported all three recommendations.
Key findings (5)
- The Department of Resources identified 86 coal mining leases and 847 other mineral mining leases with administrative deficiencies dating from 1989 to 2010 that required legislative validation.
- Urban Utilities and Unitywater, servicing approximately 2 million people (62 per cent of South East Queensland), were unable to enforce water restrictions in the same way as other water providers due to an historical anomaly.
- The Queensland Conservation Council supported the amendments, noting they would address systemic issues with resource laws and lead to greater security for South East Queensland water users.
- The committee raised concerns about personalised licence plates that could mislead the public into thinking vehicles were licensed limousines or taxis.
- The Government supported investigating the banning and recall of misleading licence plates and committed to continuing public education on identifying personalised transport vehicles.
Recommendations (3)
- The committee recommends the Resources and Other Legislation Amendment Bill 2021 be passed.
- The committee recommends the Department of Transport and Main Roads investigate the banning and recall of licence plates issued by Personalised Plates Queensland that misrepresent themselves as limousines or taxis.
- The committee recommends the Department of Transport and Main Roads publish material to inform the public about limousine and taxi licence plates and the differences to booked hire vehicles.
Committee report tabled
▸Second Reading12 Oct 2021View Hansard
▸1 procedural vote
Vote to grant leave
Vote on whether to grant Mr Katter (KAP) leave to move a motion without notice, unrelated to the Resources and Other Legislation Amendment Bill. The motion was procedural and interrupted the bill debate.
Permission was refused.
A vote on whether to grant permission — for example, to introduce an amendment or vary normal procedure.
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Ayes (37)
Noes (49)
▸21 members spoke20 support1 mixed
As the Minister for Resources, introduced and championed the bill, defending its provisions on mining lease certainty, petroleum tenure, water restrictions and cybersecurity protections. Responded to opposition and crossbench concerns during his second reading reply.
“These changes will afford no additional rights whatsoever. This is about making sure that we have got the time necessary to make the most informed decisions around the future of these applications.”— 2021-10-13View Hansard
As Minister for Resources, introduced and moved the second reading of the bill, explaining the need to clarify historically granted mining and petroleum tenures, address water restriction enforcement anomalies, and protect cybersecurity information for water providers.
“Let me state very clearly for the record that these mining leases are validly granted by the minister of the day.”— 2021-10-12View Hansard
As shadow minister, confirmed the LNP would not oppose the bill but criticised the government's lack of consultation with stakeholders including the QRC and EDO. Strongly advocated for approval of the New Acland stage 3 mine expansion.
“We will not be opposing these amendments, as they in no way compromise the approval process.”— 2021-10-12View Hansard
Supported the bill, highlighting its three principal areas of reform covering mineral resources, personalised transport and water restrictions, and spoke about Queensland's emerging hydrogen industry.
“I wish to thank the minister for introducing this important bill to the House, the Transport and Resources Committee, the committee secretariat, Hansard and the submitters.”— 2021-10-12View Hansard
As deputy chair of the Transport and Resources Committee, supported the bill but criticised the government's reliance on omnibus bills and retrospective legislation. Called for greater transparency for landholders regarding resources tenure and stronger protection of strategic cropping land.
“God or nature are not making any more strategic cropping land. Apart from the important environmental considerations, if we are to have self-reliance in relation to food security and fibre security, we must protect the land we have as our most valuable inheritance.”— 2021-10-12View Hansard
As Minister for Water, spoke to the water-related amendments, explaining the need to give Urban Utilities and Unitywater the same investigation and enforcement powers for water restrictions as local government providers.
“It is really important that the laws which relate to enforcement and compliance with water restrictions apply equally to everyone.”— 2021-10-12View Hansard
Supported the bill, stressing the importance of correct paperwork for resource tenures and adequate water infrastructure planning, while criticising the waste of the Personalised Transport Ombudsman.
“Australia is the driest habitable continent on earth and water is our most precious resource. Without water there is no life, no agriculture and no industry.”— 2021-10-12View Hansard
Supported the bill, noting bipartisan support and emphasising the importance of validating the 847 mining leases for minerals needed for the renewables boom, including copper.
“In this particular case the retrospective nature of the bill, rather than changing the conditions in which the leaseholders have been operating, will instead act to ensure that the leases which were believed to be properly granted and held are, in fact, considered to be properly held.”— 2021-10-12View Hansard
Supported the bill but criticised the government for administrative failures that necessitated it, questioned why retrospective legislation was applied here when the government refused to act on the Acland mine approval while it was before the Land Court, and condemned the Personalised Transport Ombudsman as a half-million-dollar waste.
“I am not opposing this legislation because I think it is appropriate that we do this for all of those people who hold those leases. That said, we should not be making these kinds of mistakes.”— 2021-10-12View Hansard
Supported the bill but used her contribution to criticise the government's water infrastructure planning record, including the Paradise Dam failure, low Wivenhoe Dam levels, and unbuilt dams. Called on the minister to approve the Acland mining licence.
“Make no mistake: there would be no need for these heavy-handed water restrictions if the Palaszczuk Labor government or former Labor governments had actually done some planning around what we need in the south-east for water.”— 2021-10-12View Hansard
Supported the bill as a representative of a mining community, emphasising the need for certainty for the resources sector during the pandemic and noting the potential for rare minerals in existing overburden stockpiles.
“Businesses want certainty, whether they are directly involved in mining or exploration, or one of the many businesses supporting the resources sector, community and stakeholder groups.”— 2021-10-12View Hansard
Supported the bill but described it as a demonstration of government incompetence, criticising the lack of consultation, the embarrassing inclusion of the already-repealed Personalised Transport Ombudsman, and the failure to have policy settings in place for petroleum lease expiry dates.
“The bill before us is only here because of the profound administrative incompetence of those opposite.”— 2021-10-12View Hansard
Supported the bill but raised concerns about petroleum activity on priority agricultural land in the Kupunn district, where landholders are being directionally drilled under without adequate assessment, citing constituents experiencing subsidence and water loss.
“When will the government provide certainty to the landholders in the Kupunn district by addressing these deficiencies in legislation?”— 2021-10-12View Hansard
Supported the bill as demonstrating Labor's ongoing commitment to the resources and mining industry, rebutting criticisms from the LNP about consultation and defending the government's economic management.
“This bill provides certainty to the industry and to community stakeholders. It ensures the integrity of the land tenure system.”— 2021-10-12View Hansard
Supported the bill including the retrospective validation of mining tenures. Criticised the Personalised Transport Ombudsman as a waste of nearly half a million dollars and a missed opportunity to protect taxi licence holders displaced by rideshare.
“It is great to see that this legislation is put forward to tidy up some of the problems we have across the state.”— 2021-10-12View Hansard
Supported the bill as providing certainty for business and jobs, but described it as the government admitting its failures through legislation, particularly regarding the unworkable statutory position holder employment requirements from earlier mining safety legislation.
“This is a bill that the LNP will support because it is about surety for business, and that means surety for jobs, especially in regional Queensland.”— 2021-10-12View Hansard
Supported the bill as demonstrating the government's commitment to the mining industry, highlighting increased exploration investment in Queensland and defending the government's COVID-safe approach that kept mines operating.
“Labor have always—and the minister and Premier especially—supported the mining industry by ensuring we have strong, stable regulation that has wide community support and provides a strong platform for investment in our mining and resources sector.”— 2021-10-12View Hansard
Supported the bill but concentrated his speech on criticising the failed Personalised Transport Ombudsman as a waste of $429,000 and a smokescreen that failed to help displaced taxi licence holders like Jeanette and Alex Black of Cairns.
“Perhaps it was just a charade or a smokescreen to try to show that it cared.”— 2021-10-12View Hansard
Focused on the minister's amendment extending transitional arrangements for statutory position holders in mining, arguing the original provisions were driven by union demands and always destined to fail. Called on the new minister to reconsider the requirement with fresh eyes.
“It was a move driven by the government's union masters in the AWU and the CFMMEU. It was a move that contained no industry consultation—it was hastily drafted—and it was a move that was always destined to fail.”— 2021-10-12View Hansard
Supported the mining lease validation amendments and the water-related amendments, but announced the Greens would vote against the petroleum amendments in Part 3, arguing no new gas leases should be granted or renewed given climate change concerns.
“We will be voting against the amendments to the Petroleum Act 1923 in part 3 because we do not believe there should be any new gas leases granted or renewed.”— 2021-10-12View Hansard
Briefly supported the bill, noting the importance of the mining industry and criticising the wasted money on the Personalised Transport Ombudsman and the impact of rideshare deregulation on taxi licence holders.
“That half a million dollars would have been better served as compensation for the industry.”— 2021-10-12View Hansard
▸In Detail12 Oct 2021 – 13 Oct 2021View Hansard
Insertion of new Part 1A amending the Coal Mining Safety and Health Act 1999 to extend transitional arrangements for statutory role requirements for coalmining operations by 12 months to 25 November 2022, allowing mine operators more time to comply with the requirement that statutory office holders must be employees of the coalmine operator.
Amendments to the long title of the bill to include the Coal Mining Safety and Health Act 1999 and to remove reference to the Transport Operations (Passenger Transport) Act 1994.
That the amendment be agreed to
The motion passed.
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Ayes (47)
Noes (36)
That the motion, as amended, be agreed to
The motion passed.
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Ayes (47)
Noes (36)
Did not oppose the coal mining safety amendment extending transitional arrangements but expressed serious concerns about the requirement for statutory office holders to be employees of mine operators, warning it may be impossible to implement and could drive experienced people from the industry.
“I will not be opposing it, but there are some serious hurdles in front of this.”— 2021-10-13View Hansard
Criticised the coal mining safety statutory office holder provisions as ill-conceived and an attack on small and family businesses, driven by the AWU without industry consultation. Urged the minister to include senior site executives on the working group.
“It was an attack on the rights of individuals which is, in my view, a breach of their human rights and not justified and not warranted.”— 2021-10-13View Hansard
Supported the minerals-related provisions but opposed clauses 4 to 7 relating to petroleum tenure extensions, arguing Queensland should not continue supporting expansion of coal seam gas and fracking given climate and groundwater impacts.
“What we do not support—and what no sensible policy-making should support—is the ongoing expansion of fossil fuels extraction in this state or anywhere in the world.”— 2021-10-13View Hansard