Natural Resources and Other Legislation (GDA2020) Amendment Bill 2019
Plain English Summary
Overview
This bill updates Queensland's spatial positioning standards to the new national Geocentric Datum of Australia 2020 (GDA2020) across 13 pieces of legislation. It also streamlines state land management, creates a faster pathway for Traditional Owners to receive freehold land under Indigenous Land Use Agreements, and extends the Cape York Peninsula region boundary to support Aboriginal land ownership near the Daintree National Park.
Who it affects
Surveyors, spatial professionals and GPS users benefit from better alignment between maps and satellite positioning. First Nations peoples gain a simpler, cheaper path to freehold land grants. Term lease holders on state land get a streamlined renewal process.
Geodetic datum modernisation
Queensland adopts GDA2020, the new national standard for measuring position, replacing the 1994 datum across multiple Acts. Since Australia's tectonic plate has moved about 1.8 metres since 1994, this update ensures official maps align with modern GPS and satellite positioning technology.
- GDA2020 adopted as Queensland's geodetic reference framework for latitude, longitude and mapping projection
- Coordinate references updated in the Gold Coast Waterways Authority Act and clarified in the Transport Infrastructure Act
- Resource Acts (mining, petroleum, geothermal, greenhouse gas) consolidated to use a common definition of blocks and sub-blocks with clarified historical datum
Indigenous land grants and Cape York
A new pathway allows freehold land to be granted to Traditional Owners under Indigenous Land Use Agreements without requiring costly native title claims through the Federal Court. The Cape York Peninsula region boundary is extended to include additional Daintree National Park land for transfer to Eastern Kuku Yalanji ownership.
- Unallocated state land can be granted as freehold to Traditional Owners under registered Indigenous Land Use Agreements, even where native title was historically extinguished
- Cape York Peninsula region boundary extended to include seven additional land parcels near Daintree National Park
- Extended boundary enables Aboriginal land ownership and joint national park management by the Eastern Kuku Yalanji people
State land and titling administration
Several administrative processes are modernised, including term lease renewals, competitive land ballots, model by-laws for trust land, and electronic conveyancing. Redundant references to discontinued paper certificates of title are also removed.
- Chief executive can proactively offer term lease renewals without requiring lessees to lodge a formal application
- Ballot process for competitive land allocation modernised with flexibility for the chief executive to determine fair processes
- Model by-laws for trust land can now be made by the Minister and published online, rather than requiring Governor in Council regulation
- Electronic conveyancing certifications can be relied upon for land title registration
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee23 Oct 2019View 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 over six weeks, receiving three submissions and holding a public briefing with the Department of Natural Resources, Mines and Energy and the Department of Aboriginal and Torres Strait Islander Partnerships. The committee recommended the bill be passed, finding the technical updates to adopt the Geocentric Datum Australia 2020 were sound and that the related amendments to land administration and Cape York Peninsula provisions were appropriate. No dissenting views were recorded.
Key findings (5)
- The bill's primary purpose of adopting the Geocentric Datum Australia 2020 (GDA2020) was necessary to align Queensland's location data with global satellite positioning systems, correcting a 1.8-metre positional drift since 1994.
- The Surveying and Spatial Sciences Institute raised concerns about allowing freehold grants of unallocated state land under Indigenous Land Use Agreements where native title had been historically extinguished, but the department confirmed the provision did not pre-empt any existing agreements.
- The Queensland Law Society supported the intent of streamlining freehold grants for Traditional Owner groups but flagged potential impacts on the right to negotiate regarding purchase price provisions.
- The committee noted a potential fundamental legislative principles issue with clause 52 referencing a Commonwealth determination but was satisfied the bill had sufficient regard to the institution of Parliament, as future changes to the national datum would still require amendment of Queensland regulation.
- Amendments to the Cape York Peninsula Heritage Act 2007 to include approximately 32 hectares of additional land in the Cape York Peninsula Region were welcomed by stakeholders as supporting ongoing negotiations with the Eastern Kuku Yalanji people.
Recommendations (1)
- The committee recommends the Natural Resources and Other Legislation (GDA2020) Amendment Bill 2019 be passed.
Committee report tabled
▸Second Reading20 Feb 2020View Hansard
▸11 members spoke10 support1 mixed
As minister, introduced the bill to adopt the GDA2020 national standard for position measurement, amend the Land Act to improve lease renewal processes, and extend the Cape York Peninsula region boundary.
“As such, Queenslanders will increasingly notice discrepancies with the previous datum. In anticipation for the growing use and reliance on positioning technology including driverless buses, passenger vehicles, boats and even tractors, the time has come to update to GDA2020.”— 2020-02-20View Hansard
Confirmed the LNP would not oppose the bill, describing it as sensible and pragmatic. Raised stakeholder concerns from the Queensland Law Society about ILUA provisions and requested the minister address them.
“The LNP will not opposing this bill as it includes many sensible, pragmatic and run-of-the-mill amendments that are needed to ensure our state continues to tick over and operate.”— 2020-02-20View Hansard
As committee chair, supported the bill and explained the importance of updating datum for satellite positioning accuracy, lease renewal improvements, and granting unallocated state land to First Nation people under ILUAs.
“This is a new national standard and we all need to adopt it.”— 2020-02-20View Hansard
As committee member, confirmed the bill is not contentious and noted the committee only received three submissions. Explained the technical need for GDA2020 and its impact across industries relying on GPS.
“This is not a contentious bill, as was evidenced by the fact that the committee only received three submissions.”— 2020-02-20View Hansard
Supported the bill, outlining its policy objectives including GDA2020 adoption, lease renewal improvements, ILUA land granting provisions, and Cape York boundary extension.
“I would like to thank the Minister for Natural Resources, Mines and Energy for bringing this important bill to the House.”— 2020-02-20View Hansard
As committee member, supported the bill and highlighted the growing importance of geocentric datum accuracy for autonomous systems in mining, agriculture, military and aviation applications.
“As our reliance on technology like autonomous systems increases, the accuracy of geocentric datum is becoming more and more important.”— 2020-02-20View Hansard
As committee member, noted this was a rare uncontroversial bill the committee easily agreed on. Highlighted the practical importance of GPS accuracy for everyday use.
“We need that precision in this day and age. This bill ensures we have that precision.”— 2020-02-20View Hansard
As committee member, outlined the bill's objectives and noted the committee's single recommendation was that the bill be passed.
“Our committee only had one recommendation—that the bill be passed.”— 2020-02-20View Hansard
Supported the bill, highlighting the importance of updating datum for modern GPS-reliant industries including driverless technology at the Port of Brisbane in her electorate.
“Updating to GDA2020 will benefit businesses in construction, agriculture, insurance, emergency services, mapping, surveying, transport, tourism, environmental management, scientific research, automation, telecommunications and entertainment.”— 2020-02-20View Hansard
Supported the GDA2020 and lease renewal amendments but raised significant concerns about the ILUA provisions, questioning whether freehold title could be devalued and seeking assurances the changes would not enable freehold land grabs.
“Fee simple is not there to be interfered with at the whim of governments. Security of tenure, as the minister well knows, is the cornerstone of Queensland's tenure system and freehold is the most secure tenure title in that system.”— 2020-02-20View Hansard
Gave a brief historical perspective on position measurement from Magellan to GPS, supporting the bill's update to GDA2020.
“In all seriousness, 500 years ago Magellan sailed around the world thinking that he would fall off the edge, but he did not.”— 2020-02-20View Hansard