Mineral, Water and Other Legislation Amendment Bill 2018
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
Referred to State Development, Natural Resources and Agricultural Industry Development Committee
That the amendment be agreed to
The motion was defeated.
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Ayes (6)
Noes (83)
Plain English Summary
Overview
This bill makes wide-ranging changes to Queensland's mining, petroleum and water laws. It improves dispute resolution for landholders dealing with mining and gas companies, strengthens climate change and First Nations considerations in water planning, creates temporary water access mechanisms, and establishes emergency powers for water quality crises.
Who it affects
Landholders with resource activities on their property gain better dispute resolution options. Aboriginal peoples and Torres Strait Islanders will have cultural values better reflected in water planning. Mining companies must adapt to new processes and electronic systems.
Dispute resolution for landholders
Reforms how landholders and resource companies resolve disputes over compensation and conduct agreements. Introduces arbitration as an alternative to the Land Court and expands the costs that companies must pay for landholders' professional advice.
- Arbitration introduced as an alternative to Land Court for compensation disputes
- Resource companies must pay landholders' agronomist costs in addition to legal, accounting and valuation costs
- Removes automatic referral of unresolved mining compensation matters to Land Court
- Landholders must now be notified when mining lease renewals are applied for
Water planning reforms
Strengthens the water planning framework by requiring explicit consideration of climate change and creating a new category of cultural outcomes for Aboriginal peoples and Torres Strait Islanders.
- Minister must consider climate change effects when preparing water plans
- Water plans must include cultural outcomes for Aboriginal peoples and Torres Strait Islanders
- Definition of 'environment' expanded to include cultural conditions
Temporary water access
Creates a mechanism for temporary access to water held in strategic infrastructure reserves while future water projects are being planned.
- Water from strategic reserves can be temporarily released as water licences for up to 3 years
- Temporary licences cannot be renewed, relocated or subdivided
- Water returns to the reserve when the licence ends
Water quality emergencies
Gives authorities new powers to take urgent action during water quality crises, even if those actions would normally be inconsistent with water planning rules.
- Minister or chief executive can direct urgent actions to address water quality issues
- Directions can override normal water planning rules during emergencies
- Infrastructure operators are protected from liability when complying with directions
- Public report must be published after each emergency direction
Mining administration
Modernises mining tenure administration by phasing out hard copy instruments in favour of electronic records, and clarifies safety requirements for petroleum operations.
- Hard copy mining tenure instruments phased out in favour of MyMinesOnline electronic register
- Petroleum safety provisions confirmed to apply to operations under both 2004 and 1923 Acts
- New process for transferring water monitoring bores to landowners or the State