Environmental Protection and Other Legislation Amendment Bill 2020

Introduced: 18/6/2020By: Hon Enoch MPStatus: PASSED with amendment

Bill Story

The journey of this bill through Parliament, including debate and recorded votes.

Introduced18 June 2020View Hansard
First Reading18 June 2020View Hansard
Committee18 June 2020View Hansard

Referred to Natural Resources, Agricultural Industry Development and Environment Committee

17 members spoke9 support2 oppose6 mixed
11.43 amHon. LM ENOCHSupports

As Minister for Environment, introduced and strongly defended the bill, emphasising the Rehabilitation Commissioner role and residual risk reforms as key to achieving world-leading rehabilitation standards.

The Palaszczuk government is serious about Queensland being a world leader in rehabilitation standards for the resources sector to benefit the environment, the community and, importantly, our government's plan for jobs and economic recovery.2020-08-11View Hansard
12.05 pmMr CRISAFULLIMixed

Announced the opposition will not oppose the bill but criticised the rushed process, questioned the need for a new commissioner costing $8 million when existing department staff could fulfil the role, and raised concerns about delegating power to bureaucrats.

The Rehabilitation Commissioner will cost this state $8 million over the next six years and will employ another six full-time staff. We still do not know what that function will look like.2020-08-11View Hansard
12.31 pmMr KRAUSEMixed

Raised concerns about duplication of functions with the Rehabilitation Commissioner and criticised the government for allowing unrehabilitated mines in Willowbank to become dumps.

My concern is that the Rehabilitation Commissioner, in relation to those local issues in Willowbank, will not have any power at all to deal with rehabilitation of mines because there is a process underway, which the government is allowing to proceed, that is seeing them turned into dumps.2020-08-11View Hansard
12.46 pmMr LASTMixed

As shadow minister for mines, acknowledged the importance of rehabilitation but criticised the government for multiple failures including lack of consultation, missing guidelines, and delegating legislative functions to bureaucrats.

That is four notable failures by this government, but there are more to come. Every Queenslander deserves to know that the Palaszczuk government has not only failed to consult properly on this legislation but also failed the moral test when they attempted to cover up their failure.2020-08-11View Hansard
12.54 pmMs LUISupports

Supported the establishment of the Rehabilitation Commissioner as critical for improving rehabilitation outcomes in the resources sector.

These legislative reforms are critical for the future of environmental protection and addressing equity issues to create economic opportunities for First Nation peoples.2020-08-11View Hansard
3.01 pmMr BOYCEOpposes

Opposed the bill entirely on behalf of the mining and resource industries and farming industries, arguing the Rehabilitation Commissioner could become a 'political hitman' for ideological government ministers.

I oppose this bill in its entirety. I do this on behalf of the mining and resource industries, the grazing and farming industries and everybody associated with them.2020-08-11View Hansard
3.08 pmMrs GILBERTSupports

Strongly supported the bill based on her experience visiting rehabilitated mine sites in the Bowen Basin, highlighting successful rehabilitation programs at Coppabella mine.

The rehabilitation of mining land in my region is vitally important to land health, the environment and the ability to re-use land once mining operations are extinguished from a mine site.2020-08-11View Hansard
3.12 pmMs BOLTONSupports

Supported the Rehabilitation Commissioner role as vital for achieving confidence in rehabilitated mine land outcomes, though noted concerns about limited stakeholder consultation due to COVID-19.

We all need to be confident about the outcomes for rehabilitated mine land. The role of the commissioner is vital in this, as is the funding and the ability to move forward in the rehabilitation of those sites.2020-08-11View Hansard
3.18 pmMs TRADSupports

Strongly supported the Rehabilitation Commissioner as fulfilling her commitment made in 2018 during mine closure negotiations, emphasising the need for independent oversight of mine rehabilitation.

I committed this government to progress a rehabilitation commissioner for our state. This was not, as the member for Callide would say, as a result of the desire to grow a bureaucracy but because it was very clear that, whether you are a landholder or whether you are someone who is incredibly interested in the environment, our track record when it comes to mine rehabilitation in this state needs to improve.2020-08-11View Hansard
3.26 pmMr WEIRMixed

As committee member, raised concerns about the rushed process, lack of consultation, missing guidelines, and absence of regulatory impact assessment, though acknowledged the LNP will not oppose the bill.

Whilst we will not be opposing the bill, it is very hard to have a lot of confidence in this government to deliver any meaningful result out of such a poorly drafted piece of legislation.2020-08-11View Hansard
3.35 pmMr MADDENSupports

As committee member, supported the bill's objectives of establishing the Rehabilitation Commissioner and enhancing the residual risk framework.

The principle policy objectives of the Environmental Protection and Other Legislation Amendment Bill 2020 are: firstly, to clarify and enhance the residual risk framework to better manage risks on site after an environmental authority for a resource activity has been surrendered; and, secondly, to provide for the statutory appointment of a Rehabilitation Commissioner.2020-08-11View Hansard
3.39 pmMr KNUTHOpposes

Could not support the bill as it perpetuated what he considered questionable reef science wrongly demonising farmers, announcing KAP has a bill ready to repeal the reef regulations.

The KAP cannot support the Environmental Protection and Other Legislation Amendment Bill as it sets a perception of cleaning up the reef regulation legislation implemented by this government. We should not even be debating this legislation as the original bill should never have been forced on farmers in the first place.2020-08-11View Hansard
3.44 pmMs PUGHSupports

As committee member, supported the establishment of the Rehabilitation Commissioner to provide independent expert advice and community confidence in rehabilitation outcomes.

The commissioner will raise awareness of rehabilitation matters; will be responsible for chairing relevant workshops and forums; and will monitor and report on rehabilitation performance and trends to the minister responsible for the EP Act.2020-08-11View Hansard
3.48 pmMr BATTMixed

As committee member, raised concerns about missing guidelines, lack of regulatory impact assessment, and delegation of legislative functions, but acknowledged the LNP is not opposing the bill.

The LNP is concerned that the key underlying instruments of the legislation, such as the guidelines regarding the administration of the residual risk fund and the calculator for undertaking calculations on residual risk, are still unfinished and unpublished.2020-08-11View Hansard
3.55 pmHon. MC BAILEYSupports

As Minister for Transport and Main Roads, expressed strong support for both bills, emphasising that best practice mine site rehabilitation is an important environmental reform.

The protection of our environment is a core value of mine and a core value of this government. Best practice mine site rehabilitation is an important environmental reform in Queensland given our history.2020-08-11View Hansard
4.00 pmMr WHITINGSupports

As committee chair, defended the bill and criticised the LNP's claims about enforcement, reminding the House that the LNP cut environment staff by 33 per cent when in government.

No-one actually believes what the LNP say about improving enforcement, because we know that if they ever get in they cut, sack and sell every time.2020-08-11View Hansard
4.02 pmMr LISTERMixed

Criticised the government's poor consultation process and the combination of two distinct bills, noting the Queensland Resources Council's scathing assessment of the consultation period.

We heard Ian Macfarlane say that they were initially given four days in which to make a contribution to the committee on this bill and they were able to bargain that up to six days. Considering the wide implications of this bill—according to the Queensland Resources Council, which ought to know—that was not adequate consultation.2020-08-11View Hansard
Became Act 26 of 202020 Aug 2020
This summary was generated by AI and has not yet been reviewed by a human.

Plain English Summary

Overview

This bill establishes a Rehabilitation Commissioner to provide independent advice on mine site rehabilitation and improves the framework for managing environmental risks on former resource sites. It ensures the State receives adequate funds from mining companies to manage residual risks after sites are closed, and requires these risks to be recorded on land titles.

Who it affects

Mining and resource companies face clearer requirements for site closure and rehabilitation reporting. Landowners and buyers near former mine sites will have better access to information about any ongoing environmental management needed on the land.

Key changes

  • Creates a statutory Rehabilitation Commissioner to provide independent advice on mine rehabilitation best practices and publish annual reports on rehabilitation performance
  • Requires resource companies to submit detailed post-surrender management reports with risk assessments when closing sites
  • Establishes a residual risks fund managed by the Financial Provisioning Scheme to cover ongoing management costs on former resource sites
  • Requires residual risks to be noted on land titles so current and future property owners are aware of any ongoing management activities
  • Clarifies that both rehabilitated areas and non-use management areas can be progressively certified during mine closure