Natural Resources and Other Legislation Amendment Bill 2019
Plain English Summary
Overview
This bill makes a broad range of amendments across the Natural Resources, Mines and Energy portfolio. It caps mining exploration permits at 15 years, strengthens rural water compliance with higher penalties, simplifies Aboriginal and Torres Strait Islander land processes, modernises water authority board governance to improve gender balance, and supports the establishment of CleanCo as a new clean energy electricity generator.
Who it affects
Mining and petroleum explorers face new time limits on how long they can hold exploration permits. Rural water users face tougher penalties for exceeding their water entitlements. Aboriginal and Torres Strait Islander communities benefit from simpler land processes, and women gain better access to water authority board positions.
Mining and petroleum exploration reform
Exploration permits are capped at a total of 15 years, ending the previous ability to renew indefinitely. Relinquishment requirements are simplified, and a new outcomes-based work program option gives explorers more flexibility to adjust activities based on results without needing government approval to vary their plans.
- Exploration permits capped at 15 years total, with a possible 3-year extension for exceptional events like natural disasters or global financial crises
- New outcomes-based work programs available as an alternative to prescriptive activities-based programs
- Relinquishment simplified to 50 per cent of the area at year 5 and year 10 for mineral permits, or a single point at year 6 for petroleum authorities
- Potential commercial areas and petroleum leases can be amalgamated to reduce administrative duplication
Water compliance and enforcement
Penalties for water non-compliance are significantly increased and new offences are created. All persons who take water through a shared meter are now jointly liable for ensuring lawful take, addressing a gap where the department could not identify who was responsible for unlawful water extraction.
- New offence for taking water in excess of entitlement volume or rate, with a maximum penalty of 1,665 penalty units
- Joint and several liability for all users who share a water meter
- Penalties for non-compliance with compliance notices increased by a multiplier of 1.5
- New regulation-making power for processes to identify and repair meter faults
Aboriginal and Torres Strait Islander land
Land administration processes are simplified by replacing regulation-making with ministerial declarations. A new process allows approximately 130 leases held in the names of deceased persons who died without a will to be vested in their entitled successors without needing Supreme Court involvement.
- Ministerial declarations replace the slower regulation-making process for land grants and reservations
- New process to vest leases in entitled successors where the lessee died intestate
- Public register of ministerial declarations to be maintained
- Statutory review period for the Land Holding Act extended from 5 to 10 years
Land administration reforms
A new dispute resolution framework is introduced for the approximately 24,000 subleases on state land. Powers are created for authorised officers to access otherwise inaccessible state land through adjacent private property, with safeguards for landholders. Many ministerial decision-making functions are transferred to the chief executive to improve efficiency.
- New mediation and arbitration framework for sublease disputes, with the Queensland Law Society and Resolution Institute as prescribed dispute resolution entities
- Power of entry to traverse adjacent private land to access inaccessible state land, with notice requirements and remediation for any damage
- Road closure processes streamlined and surrender application fees removed
- Over 70 ministerial approval functions transferred to the chief executive
Water authority board governance
The selection and appointment process for directors on category 2 water authority boards is modernised to address a significant gender imbalance, where women made up only about 10 per cent of directors despite a government target of 50 per cent by 2020.
- Minister may now directly appoint directors to category 2 water authority boards, with a requirement to have regard to balanced gender representation
- Boards must seek and nominate suitable candidates at least 6 months before a director's term ends
- Directors no longer automatically continue in office after their term expires for category 2 boards
CleanCo and electricity market
CleanCo Queensland Limited is supported through legislative amendments that align its treatment with existing electricity generation government-owned corporations, intended to increase competition and put downward pressure on wholesale electricity prices.
- CleanCo exempted from Right to Information laws except for community service obligations
- CleanCo can be designated as a State electricity entity subject to government directions
- Employee entitlements protected for staff transferring from CS Energy or Stanwell to CleanCo
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee26 Feb 2019View Hansard
Referred to State Development, Natural Resources and Agricultural Industry Development Committee
The State Development, Natural Resources and Agricultural Industry Development Committee examined this omnibus bill, which proposed amendments to 29 separate Acts covering land access, foreign ownership, water boards, mining exploration permits, and mine rehabilitation. The committee recommended the bill be passed, noting broad stakeholder support for many individual amendments, though concerns were raised about the sheer breadth of the bill and the limited time available for scrutiny. Non-government members filed a Statement of Reservation expressing deep concern about the committee's capacity to adequately examine all amendments within the reporting timeframe.
Key findings (5)
- The bill proposed amendments to 29 separate Acts, making it one of the largest omnibus bills examined by the committee.
- AgForce raised concerns that the new power of entry to private land to access state land represented a diminution of property rights, with no compensation arrangements for affected landholders.
- The Queensland Resources Council and Queensland Law Society both expressed concern about the limited consultation timeframe relative to the bill's complexity.
- The department advised that the new land access powers would only be used as a last resort where voluntary access could not be negotiated with adjoining landowners.
- Non-government members were not satisfied that all unintended consequences of the bill had been adequately investigated due to time constraints.
Recommendations (2)
- The committee recommends the Natural Resources and Other Legislation Amendment Bill 2019 be passed.
- The committee recommends the Member for Broadwater forward the proposed amendment to the Integrated Resort Development Act 1987, to allow a mortgagee in possession of the land to be liable for levies, to the Minister for State Development, Manufacturing, Infrastructure and Planning for consideration.
Committee report tabled
▸Second Reading14 May 2019View Hansard
▸38 members spoke11 support27 mixed
Did not oppose the bill as a whole but strongly opposed the removal of the foreign landownership report (clauses 36-37), the power to access private land without consent (clause 45), and argued the Commonwealth report is not an adequate replacement for the state report.
“The LNP will always oppose moves to reduce transparency on foreign ownership of Queensland land. We will vote against this proposal to scrap the annual report and scrap its tabling in this parliament.”— 2019-05-15View Hansard
As sponsoring minister, commended the bill as delivering on government commitments across CleanCo, Aboriginal land processes, exploration reform, water compliance and dispute resolution for subleases.
“This bill delivers on several government commitments and ensures regulations within my portfolio remain effective and responsive to the needs of industry and the community.”— 2019-05-14View Hansard
Strongly opposed the removal of the foreign landownership report and the power to access private land without consent, citing biosecurity concerns for organic farmers and lack of adequate safeguards. Also criticised the sheer size of the omnibus bill.
“Queenslanders do deserve to know who, how much and what types of land are owned by foreign individuals and companies. The LNP will always oppose moves to reduce transparency on foreign landownership in Queensland.”— 2019-05-15View Hansard
As shadow minister, acknowledged sensible reforms in the bill but opposed three key provisions: scrapping the foreign landownership report, allowing state access to private land without consent, and increased ministerial powers over exploration permits.
“There are many sensible and constructive reforms within this bill, but there are also measures that go too far. The LNP finds it frustrating that Labor continues to lump good reform amongst actions of government overreach that we cannot support.”— 2019-05-14View Hansard
Acknowledged some good measures in the bill and did not oppose it as a whole, but raised concerns about the size of the omnibus bill, potential abuse of new ministerial powers over exploration licences, and the impacts on Aboriginal land tenure on North Stradbroke Island.
“Having raised my concerns about the Labor government's handling of the resources sector, I acknowledge that in this bill there are some good measures and so I will not be opposing the bill as a whole.”— 2019-05-15View Hansard
Spoke in favour as committee chair, defending the bill's provisions on CleanCo, land access, dispute resolution for 24,000 sublease holders, and dismissing LNP concerns about the foreign ownership report.
“This bill does a lot of good work in clarifying and simplifying provisions and creating new ones to keep these important acts updated.”— 2019-05-14View Hansard
Acknowledged some good elements of the bill but had enormous concerns about the removal of the foreign landownership register and the lack of time for scrutiny of such a large omnibus bill amending 29 acts.
“There are some good things in this bill, but there are some lemons too.”— 2019-05-15View Hansard
As deputy committee chair, supported water compliance amendments but opposed the foreign ownership report removal, land access provisions and ministerial powers, criticising the bill's size and inadequate scrutiny time.
“Such a large omnibus bill made it difficult for both the committee and the research staff to adequately dissect each and every amendment in the reporting time available.”— 2019-05-14View Hansard
Supported the Aboriginal and Torres Strait Islander land amendments but opposed clauses on foreign landownership, private land access, and ministerial decision-making powers. Heavily criticised the consultation process and size of the omnibus bill.
“There may be other unintended consequences which we have not been able to identify due to time constraints.”— 2019-05-15View Hansard
As a committee member, supported the bill and its various amendments, thanking submitters and highlighting the Queensland Law Society's acknowledgement of the consultation process.
“The Natural Resources and Other Legislation Amendment Bill 2019 delivers on several government commitments and ensures a number of key regulatory frameworks within the Natural Resources, Mines and Energy portfolio remain effective and responsive.”— 2019-05-14View Hansard
Welcomed gender diversity provisions for water boards but opposed clauses 213-215 which changed the requirement from 'rehabilitation' to 'remediation' of abandoned mines, arguing this lowered the bar for mining companies.
“The state needs to raise the bar with respect to the rehabilitation of abandoned mines, not lower it.”— 2019-05-15View Hansard
As a committee member, acknowledged many aspects that make sense but opposed the foreign ownership report removal, land access without consent, and ministerial powers over exploration permits.
“Queenslanders' legitimate concerns about the foreign ownership of land across Queensland are not restricted to agricultural land. Queenslanders have a justified interest in knowing who owns the land in their state.”— 2019-05-14View Hansard
Opposed the removal of the foreign landownership report and the power to access private land, citing constituent concerns about foreign ownership transparency and biosecurity risks from weeds.
“One of my fears with regard to removing this provision from state legislation is the potential for misinformation and Chinese whispers around foreign ownership.”— 2019-05-15View Hansard
As a committee member, supported the bill's CleanCo provisions, water board gender equity amendments, and dispute resolution framework, dismissing LNP concerns about land access as confected hysteria.
“Let us be frank, those on the opposite side of the House have a horrific track record on gender equity. It seems that they fundamentally oppose it.”— 2019-05-14View Hansard
Opposed clauses 36-37 (foreign landownership), clause 45 (private land access), and clause 260 (ministerial powers). Also opposed changes to category 2 water board governance, citing the Glamorgan Vale Water Board in his electorate.
“At its core, this bill is an excellent example of this Labor government's sense of self-entitlement and a complete disregard for transparency.”— 2019-05-15View Hansard
As a committee member, expressed grave concerns about the bill's enormity and opposed three elements: scrapping the foreign ownership report, state access to private land, and expanded ministerial powers.
“The LNP simply does not trust this Labor government not to abuse this power and cancel licences purely for political gain.”— 2019-05-14View Hansard
Opposed the foreign landownership report removal, private land access provisions, and extended ministerial decision-making powers. Criticised the size of the omnibus bill and limited time for stakeholder scrutiny.
“With 10-minute contributions, members have around 18 seconds per act to contribute. Obviously this means that the legislation brought to the House is under less and less scrutiny.”— 2019-05-15View Hansard
Spoke in support focusing on the Water Act amendments to achieve 50 per cent female representation on government boards, noting the government had reached 48 per cent from 31 per cent in 2015.
“Gender parity on boards will translate to an increase of $87 million in productivity gains for Queensland, without requiring additional workers or hours worked.”— 2019-05-14View Hansard
Opposed the same three clauses as other LNP members and criticised the omnibus bill approach as an affront to democracy, tabling a Canadian editorial criticising omnibus legislation.
“Trying to sneak controversial measures past Parliament and the public via omnibus legislation is an affront to democracy.”— 2019-05-15View Hansard
Focused on Land Act amendments, raising a specific local issue about state land in Peachester and supporting LNP opposition to parts of the bill.
“I want to confine my comments to those elements of the bill that pertain to the Land Act.”— 2019-05-14View Hansard
Acknowledged positive components but strongly opposed removal of the foreign landownership report, mandatory gender targets for category 2 water boards, and had concerns about private land access provisions.
“Foreign ownership is a really important issue that impacts much more broadly on the towns and the few cities that exist in rural Queensland, so it is a really important part of government policy.”— 2019-05-15View Hansard
Supported the bill focusing on water compliance provisions and exploration permit reforms, arguing they would protect water resources and encourage mineral exploration for future technologies.
“Water is an absolutely critical resource. We must do everything we can to protect this valuable resource.”— 2019-05-14View Hansard
Acknowledged elements of the bill the LNP would like to support but found other elements offensive. His speech was cut short by the expiry of debate time.
“There are elements of this bill that we would like to support, and I make that very, very clear. However, there are other elements in this bill that are offensive.”— 2019-05-15View Hansard
Expressed concerns about the massive size of the bill, opposed state access to private land without consent as an attack on property rights, and worried about unintended consequences.
“If a government does not respect property rights, that slowly leads us down the path of socialism and I do not want to see us head down that path.”— 2019-05-14View Hansard
As Minister for Natural Resources, Mines and Energy, defended all provisions of the bill including CleanCo, the foreign landownership report removal, private land access powers, and ministerial powers for exploration permits. Noted the opposition indicated they would not oppose the bill overall.
“This bill demonstrates the government's continued commitment to ensuring sustainable management of Queensland's important land, water and mineral resources for the future benefit of all Queenslanders.”— 2019-05-15View Hansard
Supported the bill focusing on water compliance and exploration permit reforms, highlighting the importance for the Bowen Basin mining region and new mine approvals.
“Water is an absolutely critical resource. We must do everything we can to protect this valuable resource.”— 2019-05-14View Hansard
Opposed the three key LNP objections — foreign ownership report removal, land access without consent, and ministerial powers — while supporting other aspects including Indigenous land and surveyors provisions.
“Queenslanders deserve to know who, how much and what types of land are owned by foreign individuals and companies.”— 2019-05-14View Hansard
Supported the bill, defending the foreign ownership data still being collected, the land access safeguards, and looking forward to CleanCo providing cost savings to constituents.
“It is important to note, however, that this data will still be collected by the Department of Natural Resources, Mines and Energy.”— 2019-05-14View Hansard
Opposed the foreign ownership report removal, land access provisions and ministerial powers, arguing the government should build trust with landholders rather than undermine property rights.
“This issue is not one of land management; this issue is one around trust, respect and property rights.”— 2019-05-14View Hansard
Supported the bill, defending omnibus bills by noting the Newman government passed 17 similar bills, and highlighted the practical benefits of dispute resolution and land access provisions.
“One of the issues that came up frequently during that inquiry was concerns and criticisms raised by landholders of state owned lands not being managed properly and appropriately and one of the concerns raised by public servants was that they could not access those lands.”— 2019-05-14View Hansard
Opposed the three key LNP objections, arguing the bill erodes landholders' rights, reduces transparency, and gives the minister unfettered power over exploration permits.
“Only the LNP will stand up for the rights of landholders and hold this government to account.”— 2019-05-14View Hansard
Opposed the foreign ownership report removal, land access provisions and ministerial powers, providing detailed examples of biosecurity risks from government officers spreading weeds on private land.
“There is nothing in this bill to meet those considerations.”— 2019-05-14View Hansard
Supported the bill's CleanCo provisions, gender parity on water boards, Aboriginal land amendments, and land access provisions with safeguards.
“When finally established CleanCo will not only support a cleaner more efficient power supply but also create competition in the market which will ultimately lead to the reduction of power prices for consumers.”— 2019-05-14View Hansard
Opposed the bill's removal of elections for category 2 water boards, arguing it takes away local democratic voices, citing a packed community meeting in Roadvale that voted unanimously against the changes.
“Labor is cynically using the Water Act to take this community input away from the Roadvale Water Board—using legislation to enforce a system that could see the minister in Brisbane appoint outsiders to the board.”— 2019-05-14View Hansard
Expressed concerns about delegating ministerial decisions to chief executives and the sensibility of creating CleanCo, but appreciated the 15-year time limit on exploration permits.
“I appreciate the inclusion of the 15-year time limit of exploration permits. For far too long, resources and tenure holders have been getting away with sitting on mineral prospects that should be developed.”— 2019-05-14View Hansard
Opposed the three key LNP objections, providing historical context for Labor's support of the foreign ownership register in 1988 and arguing the land access provision gives public servants superior rights to police.
“This effectively gives public servants superior rights of entry to police. That does not make sense. This is an attack on the rights of property owners.”— 2019-05-14View Hansard
Opposed the foreign ownership report removal, increased ministerial powers, and land access provisions, questioning what the government is trying to hide.
“You have to ask: what is the government trying to hide? They have gone to great lengths to collect the data but they do not want to make it available to the people of Queensland.”— 2019-05-14View Hansard
Opposed the foreign ownership report removal, criticising the government as lazy for not producing a five-page annual report and noting the bill's enormous scope made it difficult for stakeholders.
“What a lazy Labor government we have. They could not even be bothered putting together a five-page report once a year about the foreign ownership of land in Queensland and tabling it in this House.”— 2019-05-14View Hansard
▸In Detail14 May 2019 – 15 May 2019View Hansard
▸2 clause votes (all passed)
Vote on clause 45
Vote on whether to retain clause 45 granting authorised state officers power to enter freehold land without consent or warrant to access adjacent state land for management purposes. The LNP, KAP, PHON and Mr Costigan opposed this as an erosion of property rights and a biosecurity risk, while the government argued it was necessary for managing 54 parcels of otherwise inaccessible state land with safeguards including 10 days notice.
The clause was kept in the bill.
A vote on whether a specific clause should remain in the bill as written.
▸Show individual votesHide individual votes
Ayes (47)
Noes (41)
That clauses 36 and 37, as read, stand part of the bill
Vote on whether to retain clauses 36-37 which remove the requirement for Queensland to produce and table an annual foreign landownership report, with the government arguing the Commonwealth register made it redundant. The LNP, KAP, PHON and independents (except Bolton) opposed this as reducing transparency on foreign ownership of agricultural land.
The motion passed.