Land, Explosives and Other Legislation Amendment Bill 2018
Plain English Summary
Overview
This bill makes wide-ranging amendments to laws governing land, explosives, gas safety, and mining within Queensland's Natural Resources, Mines and Energy portfolio. It introduces security clearances for people who handle explosives, modernises compliance powers for state land, protects Aboriginal freehold land on Cape York Peninsula from mining, supports Indigenous home ownership, facilitates electronic conveyancing, and addresses gas safety and abandoned mining infrastructure.
Who it affects
People who work with explosives face new security clearance requirements. Aboriginal and Torres Strait Islander communities gain more flexible land grant options and social housing pricing. State land leaseholders face new obligations around buildings and structures. Gas industry operators see streamlined safety reporting.
Explosives safety and security
Introduces mandatory security clearances for people handling security-sensitive explosives. People subject to domestic violence orders are prohibited from holding explosives licences. A new explosives driver licence is created for transporting explosives by vehicle.
- Security clearances required for access to security-sensitive explosives, valid for up to 5 years
- Domestic violence respondents have their explosives licences immediately suspended or cancelled
- New explosives driver licence separates driving authorisation from business transport licences
- Privilege against self-incrimination removed for explosives incident investigations, with evidence protections
Indigenous land and home ownership
Allows Registered Native Title Bodies Corporate to receive land grants outside their determined native title area. Social housing prices on Indigenous land can now be set by agreement between trustees and the government, rather than requiring formal valuations.
- Land grants allowed to native title bodies corporate outside their determined native title area
- Social housing sale prices can be set by agreement between trustees and government
- Mining interests permanently prohibited over Shelburne and Bromley properties on Cape York Peninsula
State land compliance modernisation
Replaces outdated compliance provisions in the Land Act with a comprehensive modern framework. Authorised officers gain new powers including entry by warrant, vehicle stop powers, and seizure powers. New safety notices allow dangerous buildings on state land to be dealt with.
- Modern authorised officer powers including entry by consent, notice, or warrant
- Safety notices for dangerous buildings and structures on non-freehold land
- Improvements reports and notices requiring lessees to deal with buildings on lease expiry
- Regulatory notices to manage activities on unallocated state land and trust land
- Penalties up to 400 penalty units for serious non-compliance offences
Gas safety and abandoned infrastructure
Modernises gas safety regulation by moving from annual safety reports to real-time online reporting. Confirms that corporations can be operators of operating plant. Creates a new framework for remediating abandoned petroleum and gas infrastructure where no tenure holder remains.
- Safety reporting shifts from annual reports to real-time online information notices
- Operators of operating plant can now be corporations, not just individuals
- New framework for government-authorised remediation of abandoned operating plant
- Fuel gas delivery network categories rationalised for consistent regulation
Land titles and electronic conveyancing
Paper certificates of title lose their legal effect from 1 July 2019, completing the transition to electronic land records. New regulation-making powers support the move to electronic conveyancing lodgement.
- Paper certificates of title cease to be legal instruments from 1 July 2019
- Regulation-making power to require electronic lodgement of conveyancing documents
- Updated caveat provisions and requisition processes to support modern conveyancing
Foreign ownership and overlapping tenure
Updates the Foreign Ownership of Land Register to align definitions with the Duties Act 2001 and removes disproportionate forfeiture provisions. Technical fixes address issues with the overlapping coal and coal seam gas tenure framework.
- Foreign person definitions aligned with the Duties Act 2001
- Forfeiture provisions removed as disproportionate to notification offences
- Overlapping tenure technical fixes clarify transitional provisions and compensation for connecting infrastructure
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee15 Feb 2018View Hansard
Referred to State Development, Natural Resources and Agricultural Industry Development Committee
The State Development, Natural Resources and Agricultural Industry Development Committee examined the bill and recommended it be passed. The committee made three recommendations, including requests for the Minister to address Aboriginal corporations' requests to have additional land parcels protected from mining interests, and to respond to concerns about onus of proof and self-incrimination protections in several clauses. The government accepted or noted all recommendations.
Key findings (5)
- The committee found the bill's amendments to the Aboriginal Land Act 1991 and Torres Strait Islander Land Act 1991 would reduce compliance burdens and enhance Indigenous land access
- Aboriginal corporations including the Olkola Aboriginal Corporation requested additional land parcels be included as protected land under the bill
- The committee identified fundamental legislative principle concerns regarding onus of proof provisions in petroleum and gas clauses and self-incrimination protections in the Explosives Act and Land Act amendments
- The bill introduced a new framework for remediation of abandoned gas and petroleum operating plant sites
- The committee found the bill would enhance home ownership opportunities for Indigenous persons by providing options to set social housing prices by agreement
Recommendations (3)
- The committee recommends that the Bill be passed.
- The committee recommends that the Minister provides advice in his second reading speech on the request by the Olkola Aboriginal Corporation, the Batavia Traditional Owners Aboriginal Corporation and the Chuulangun Aboriginal Corporation to have additional land parcels included in proposed new section 27A of the Bill as protected land, and a possible formal mechanism or process that allows Aboriginal corporations to nominate Aboriginal land, at the request of the traditional owners, for protection from mining interests.
- The committee recommends that the Minister, in his second reading speech, respond to the matters identified in the report in relation to: Petroleum and Gas (Production and Safety) Act 2004 (Clauses 265, 270, 286) regarding onus of proof; Explosives Act 1999 (Clauses 57, 58, 63, 64) regarding protection against self-incrimination; and Land Act 1994 (Clause 203) regarding protection against self-incrimination.
Committee report tabled
▸Second Reading15 Nov 2018View Hansard
▸9 members spoke8 support1 mixed
Supported the bill while raising concerns about the proliferation of omnibus bills. Particularly commended amendments allowing sale of social housing on Indigenous land and harmonisation of explosives transport regulations, thanking the minister for addressing black powder transport to Western Queensland.
“I would particularly like to commend the amendment to the Aboriginal Land Act and the Torres Strait Islander Act which will allow the sale prices of social housing on Indigenous land to be set by agreement.”— 2019-03-26View Hansard
As the Minister for Natural Resources, Mines and Energy, moved the second reading and outlined the bill's key reforms covering explosives safety, Indigenous land rights, compliance modernisation, gas safety, and online conveyancing.
“The Land, Explosives and Other Legislation Amendment Bill 2018 covers a wide range of amendments that will streamline and improve the effectiveness of certain key legislative frameworks within the Natural Resources, Mines and Energy portfolio.”— 2018-11-15View Hansard
Supported the bill, focusing on explosives safety and security provisions, particularly the introduction of an explosives driver licence and the prohibition on persons subject to domestic violence orders holding explosives licences.
“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
Stated the LNP would not oppose the bill but raised several concerns including probity checks on registered native title body corporates, social housing overcrowding in Indigenous communities, and excessive entry powers granted to departmental officers.
“To call this bill a dog's breakfast would be an understatement. It is a bill for everything that needs to be fixed. That being said, there are some provisions contained within the bill that do have genuine merit, and for that reason we will not be opposing this bill today.”— 2018-11-15View Hansard
Stated the LNP is not opposing the bill. Welcomed Indigenous housing amendments and explosives safety provisions but raised concerns about warrantless entry powers granted to inspectors, citing the Queensland Law Society's objections.
“The Queensland Law Society has raised significant concerns regarding the powers this bill grants inspectors to enter a premise without a warrant or consent or a reasonable notice period.”— 2019-03-26View Hansard
Spoke in support of the bill, praising the professionalism of Aboriginal land-holding corporations and noting the bill would lessen administrative burdens and improve social housing outcomes in Indigenous communities.
“I point out that this bill lessens the burden on those organisations. We want to avoid extra bureaucracy and extra duplication being put on to these organisations, having to create new bodies to be responsible for land that does come under their ownership.”— 2018-11-15View Hansard
Supported the bill, emphasising the importance of explosives transport safety through the port of Townsville and North Queensland, and the domestic violence order provisions for explosives licences.
“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, focusing on amendments to the Aboriginal Land Act and Torres Strait Islander Land Act to expand Indigenous land access and home ownership opportunities, and on modernising state land compliance provisions.
“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 Minister for Natural Resources, Mines and Energy, delivered the reply speech commending the bill's amendments to protect Cape York Aboriginal freehold land from mining and support Indigenous home ownership.
“I am immensely proud that the bill we pass today will deliver on this agreement.”— 2019-03-26View Hansard
▸In Detail26 Mar 2019View Hansard
Minister's amendments Nos 1 to 11 moved en bloc, including: changing commencement date from July to October 2019; technical amendments to explosives provisions including amending section 46 regarding government magazines and adding 'place' to the dictionary; amending explosives manufacturing standards references; correcting transport provisions cross-references; revising foreign ownership notification requirements; inserting Part 7A to amend the Land and Other Legislation Amendment Act 2017 to prevent automatic commencement of certain provisions; and removing a schedule 1 provision.
Amendment No. 12 to the long title to insert reference to the Land and Other Legislation Amendment Act 2017, consequential to the insertion of Part 7A.