Land, Explosives 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
▸6 members spoke5 support1 mixed
Raised concerns about omnibus bills and potential overreach of inspector powers, but supported key elements including amendments to Aboriginal Land Act for home ownership and explosives harmonisation that will help Western Queensland kangaroo shooters.
“Omnibus bills should only be used for minor amendments and legislative 'housekeeping'. This is a substantive bill that provides reform on real issues such as explosives handling and safety, Indigenous economic development and native title issues, and the use of state land.”— 2019-03-26View Hansard
Strongly supported the bill's workplace health and safety provisions for the explosives sector, highlighting the importance of safe transport of explosives through regional communities and the benefits of the new explosives driver licence.
“Workplace health and safety is everyone's business, and there are sections of this bill that will enhance the safety and security of workers and the community in the explosives and gas sectors.”— 2019-03-26View Hansard
Confirmed the LNP is not opposing the bill while expressing concerns about inspector powers to enter premises without warrants and the erosion of property owner rights.
“The LNP is not opposing this bill. I would like to thank the committee for their work in bringing it to us.”— 2019-03-26View Hansard
Strongly supported the bill's explosives safety provisions, particularly the domestic violence order prohibitions on explosives licences, sharing a personal account of a tragic explosion during a DV incident in Mackay that could have been prevented by such legislation.
“The amendments support the Queensland government's Not now, not ever report by prohibiting persons who are the subject of a domestic violence order from holding an explosives licence.”— 2019-03-26View Hansard
Supported the bill's amendments to Aboriginal and Torres Strait Islander land acts for home ownership opportunities, Land Act compliance powers to address illegal dumping and motorbike damage on state land, and tourism lease reforms.
“The government remains committed to increasing the ability of Aboriginal people and Torres Strait Islanders to access and utilise their land as well as enhancing opportunities to achieve home ownership.”— 2019-03-26View Hansard
As the sponsoring minister, delivered the reply speech thanking members for their support and addressing concerns raised, particularly regarding Cape York Peninsula heritage protections and Indigenous land rights.
“I am immensely proud that the bill we pass today will deliver on this agreement.”— 2019-03-26View Hansard
Plain English Summary
Overview
This bill makes wide-ranging changes across the Natural Resources, Mines and Energy portfolio. It strengthens explosives safety and security including automatic licence cancellation for domestic violence perpetrators, modernises compliance powers for State land, facilitates electronic property conveyancing, protects Cape York heritage land from mining, and supports Indigenous land ownership.
Who it affects
Explosives industry workers must obtain security clearances and face automatic licence suspension if subject to domestic violence orders. State land lessees may need to remove buildings at lease expiry. Property transactions will transition away from paper certificates of title.
Explosives safety and security
Introduces mandatory security clearances for explosives access, with automatic suspension or cancellation for anyone subject to a domestic violence order. Creates new explosives driver licences and strengthens incident reporting requirements.
- Security clearances required to access explosives
- Explosives licences automatically cancelled when domestic violence protection orders are made
- New explosives driver licence for transporting explosives
- Strengthened incident notification within 48 hours
State land compliance
Modernises enforcement powers for State land, requiring lessees to report on buildings at lease expiry and allowing the State to require removal of unsafe or unwanted structures.
- New authorised officer powers for investigating breaches on State land
- Lessees must provide improvements reports before leases expire
- State can require removal of dangerous or inappropriate buildings
- Compliance notices for permit holders breaching conditions
Gas safety
Updates petroleum and gas safety legislation to resolve operational issues, modernise reporting requirements, and create a framework for dealing with abandoned gas infrastructure.
- New framework for remediating abandoned operating plant
- Modernised safety reporting requirements
- Transparent appointment process for gas device approval authorities
- Operators can now be corporations, not just individuals
Indigenous land and housing
Makes it easier for Aboriginal and Torres Strait Islander communities to manage land and achieve home ownership on their land.
- Native title bodies can receive land grants outside their determination areas
- Social housing prices can be set by agreement rather than formal valuation
Cape York Peninsula protection
Permanently protects the Shelburne and Bromley properties on Cape York Peninsula from mining activities.
- Mining interests cannot be granted over specified Aboriginal freehold land at Shelburne Bay and Bromley
Electronic conveyancing
Removes the legal effect of paper certificates of title and enables electronic lodgement requirements for property transactions.
- Paper certificates of title cease to have legal effect from 1 July 2019
- Regulations can require electronic lodgement for property transactions