Mineral and Energy Resources and Other Legislation Amendment Bill 2024
Plain English Summary
Overview
This bill reforms Queensland's framework for managing the coexistence of resource, renewable energy, and agricultural industries. It introduces a major new system for managing coal seam gas induced land subsidence, expands the roles of key coexistence institutions, streamlines regulatory processes across resources legislation, and modernises the Financial Provisioning Scheme for mining rehabilitation.
Who it affects
Farmers in coal seam gas areas gain new protections against land subsidence, including assessment rights, compensation, and a critical consequence test. CSG and mining companies face new obligations but also benefit from reduced regulatory burden in several areas.
CSG-induced subsidence management
Creates a comprehensive framework to protect agricultural land from coal seam gas induced ground subsidence. The framework requires monitoring, assessment, and management of subsidence impacts, with compensation for affected landholders and a critical consequence test for severe cases.
- New subsidence management areas can be declared by the Minister where CSG-induced subsidence is occurring or likely
- Agricultural land is categorised as high, moderate or low risk (Category A, B, or C) based on regional assessments by OGIA
- Gas companies must conduct farm field assessments on high-risk land and negotiate subsidence management plans with landholders
- New wells cannot begin producing CSG on high-risk Category A land until assessments are complete and plans are in place
- Landholders can apply for a Ministerial critical consequence decision where subsidence severely affects farming viability, with penalties up to 4,500 penalty units for non-compliance with directions
Coexistence institution reforms
The GasFields Commission Queensland is rebranded as Coexistence Queensland with a broader remit covering all resource and renewable energy industries. The Land Access Ombudsman gains expanded dispute resolution powers, and OGIA takes on new subsidence assessment functions.
- GasFields Commission Queensland becomes Coexistence Queensland, covering the entire resources sector and renewable energy
- Land Access Ombudsman can now resolve disputes about subsidence management plans, access agreements, and compensation agreements
- OGIA gains new functions for cumulative assessment and monitoring of CSG-induced subsidence
- A new advisory council is established for the Land Access Ombudsman, funded by an industry levy
Regulatory efficiency
Streamlines and modernises various regulatory processes across Queensland's resources legislation, including land release, reporting, rent management and aerial surveying requirements.
- Minister can now defer or adjust rent for resource authorities during hardship such as natural disasters
- Aerial surveying at or above 1,000 feet altitude is exempt from entry notice and reporting requirements
- Minister gains discretion over timing of re-releasing relinquished exploration land
- Mining lease holders must keep lease surfaces tidy under a new mandatory condition
- Fossickers must get permission from mining lease applicants before fossicking on application land
Financial Provisioning Scheme modernisation
Updates the scheme that manages the risk of mining companies failing to meet rehabilitation obligations. Reduces administrative burden for smaller operations and introduces more nuanced risk categories.
- Risk assessment threshold raised from $100,000 to $10 million estimated rehabilitation cost, removing thousands of smaller operations from the assessment process
- New 'Moderate-High' risk category introduced at 6.5% contribution rate; 'Moderate' rate reduced from 2.75% to 2.25%
- Fund threshold increased to $600 million for BBB+ credit-rated entities
- Annual review dates aligned by entity rather than individual environmental authorities, reducing duplicate assessments
- Abandoned petroleum and gas sites now eligible for rehabilitation grants from the Scheme Fund
Electricity Act clarification
Clarifies that electricity entities can acquire land for works even if a third party benefits from the acquisition, and validates past acquisitions on this basis.
- Electricity entities can take land even if another entity derives a benefit from the acquisition
- Past land acquisitions validated retrospectively to remove any doubt about their legality
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
Referred to Clean Energy Jobs, Resources and Transport Committee
Committee report tabled
▸Second Reading12 June 2024View Hansard
Vote on a motion
Party VoteProcedural vote during the debate, recorded as a voice vote with no recorded division counts.
The motion was rejected.
A formal vote on whether to accept a proposal — this could be the bill itself, an amendment, or another motion.
What is a party vote?
This was a party vote. Each party's Whip declared how their members voted without a physical count, so individual votes were not recorded. Party votes are used when all members of a party are expected to vote the same way.
▸21 members spoke9 support12 mixed
As minister, introduced both bills and moved all government amendments. Outlined objectives including strengthening coexistence institutions, improving mine safety, banning carbon capture in the Great Artesian Basin, and removing the CSG subsidence framework for further consultation.
“We know that the most important thing to come out of a mine at the end of each shift is its workers. Reducing the risk of workplace deaths and serious accidents is a priority of mine and the Miles government.”— 2024-06-12View Hansard
As shadow minister, announced the LNP would not oppose either bill but heavily criticised the government for lack of consultation, cognating the two bills, and introducing last-minute amendments. Supported mine safety reforms including compulsion powers and the GAB carbon storage ban, but highlighted missed opportunities including on black lung disease.
“While the LNP will not oppose this bill, I will highlight the areas where we believe the government could do better because, by doing it better, we make our mines safer and move toward the goal of ensuring no other names are added to the memorial in Moranbah.”— 2024-06-12View Hansard
As committee chair, praised the collaborative committee work and thanked submitters. Commended the minister for removing the subsidence framework and accepting committee recommendations. Highlighted the government's commitment to worker safety.
“It is fair to say that we on this side of the House are absolutely focused on safety and worker safety—whether that is in a mine, on a construction site or anywhere else.”— 2024-06-12View Hansard
As shadow environment minister, focused on the Great Artesian Basin amendments. Stated the LNP has never supported carbon capture storage in the GAB but strongly criticised the government's process, including introducing the amendment with only an hour's notice and bypassing committee scrutiny.
“The LNP has never supported carbon capture storage or greenhouse gas storage projects in the Great Artesian Basin. We have long raised concerns about the potential impacts these projects could have on our domestic and agricultural water supplies and on our environment.”— 2024-06-12View Hansard
As Minister for Corrective Services, spoke primarily to the Parole Board validation amendments, explaining the administrative errors in acting board member appointments and the need for urgent retrospective validation. Also supported the GAB carbon storage ban.
“This was a technical error regarding the process for establishing and filling acting positions. As I have said publicly, this has not and will not result in the automatic release of anyone who has been denied parole.”— 2024-06-12View Hansard
Strongly criticised the minister for the shambolic process, particularly the withdrawal of the subsidence framework which he said caused serious mental health issues for affected landowners. Supported the GAB ban and mine safety reforms but called for an apology to landowners and small miners for the distress caused.
“The surprise is not that this shemozzle had to be withdrawn from the bill; it is that it was ever included in the first place.”— 2024-06-12View Hansard
Committee member who praised the collaborative committee process and defended the minister against opposition criticism. Highlighted the government listening to stakeholders by removing the subsidence framework and adding agricultural representation to Coexistence Queensland.
“The bill itself is not what is causing the trauma for those on agricultural lands; it is the actual issue and as a government we were addressing the issue.”— 2024-06-12View Hansard
Criticised the government for lack of consultation on both bills and the cognate debate format. Raised concerns about the subsidence framework failure, renewable energy projects on agricultural land, the $10 million environmental bond for critical minerals, and insufficient time to debate mine safety legislation.
“To put it in perspective, cognating these two bills means we have 10 minutes to talk about over 1,000 pages of material in relation to this legislation and submissions to this legislation.”— 2024-06-12View Hansard
Spoke at length about the Queensland Resources Industry Development Plan's six focus areas including diversifying the industry, strengthening ESG credentials, fostering coexistence, First Nations partnerships, building a safe workforce, and improving regulatory efficiency. Defended progressive coal royalties.
“I rise to speak in favour of the legislation being debated cognately because I care about miners in Queensland and I care about ensuring they get home safely.”— 2024-06-12View Hansard
Committee member who thanked the minister for removing the subsidence issue but criticised the lack of consultation and rushed process. Advocated strongly for tripartite working groups for safety regulation and raised concerns about the $10 million environmental bond for critical minerals and the lack of consultation with the fossicking industry.
“I would encourage the minister to support a tripartite working group for safety regulation. It should be something that is done openly, transparently and frequently so that Queensland can lead the way in the resources industry worldwide.”— 2024-06-12View Hansard
As Minister for Energy and Clean Economy Jobs, spoke to the importance of the Coexistence Queensland framework for the clean energy transition and the GAB carbon storage ban. Emphasised the government had been actively listening to regional communities and consulting on these frameworks.
“In making this watershed decision to protect these great natural assets, new Premier Miles was right when he said, 'Today is a great day for Queensland.'”— 2024-06-12View Hansard
Supported both bills but criticised the MEROLA Bill as entrenching Labor's image as the party of mega gas companies. Argued Coexistence Queensland is just a rebrand of the GasFields Commission without meaningful change. Supported mine safety reforms and the GAB carbon storage ban but raised concerns about First Nations exclusion and landholder power imbalances.
“For many landholders and First Nations communities, coexistence with the gas industry is a fallacy. It is a pure impossibility.”— 2024-06-12View Hansard
As Premier, spoke passionately about banning carbon capture and storage in the Great Artesian Basin, emphasising its importance for water, agriculture and the environment. Highlighted the Queensland Energy and Jobs Plan as an alternative to carbon capture for emissions reduction.
“I have been clear to everyone who asks. I think injecting carbon dioxide into the Great Artesian Basin is a bad idea.”— 2024-06-12View Hansard
Focused on the MEROLA Bill, criticising the government's recurring failure to consult, rush bills and avoid impact analysis. Quoted extensively from Cotton Australia, AgForce and QFF submissions about landholders' concerns with the coexistence framework and CSG subsidence provisions.
“Concerningly, after almost 10 years, the recurring theme is that the government fails to conduct meaningful consultation, bills are rushed, the government avoids conducting any analysis of the impacts and financial implications, legislation is confusing and unclear and, where possible, it runs from oversight.”— 2024-06-12View Hansard
Welcomed the GAB carbon storage ban as perhaps the first positive thing from Labor for agriculture. Criticised the government's treatment of agriculture including veg management laws, reef regulations and gillnet bans. Raised concerns about FIFO and contract workforces as safety risks, and unresolved CSG-landholder coexistence tensions.
“I will even put my own hand up and admit that I was slow to the party on what was going on there. I think my complacency was associated with disbelief that we would even contemplate letting a global commodity trader have access to what they say is one of the greatest—if not the greatest—natural, pristine underground water supplies on the planet.”— 2024-06-12View Hansard
As Water Minister, spoke passionately about the Great Artesian Basin carbon storage ban. Attacked the LNP for hypocrisy, noting the federal LNP had previously committed $35 million to carbon capture in the GAB and that the LNP state council had defeated a motion to ban carbon capture.
“The LNP cannot continue to pull the wool over the eyes of Queenslanders about carbon capture.”— 2024-06-12View Hansard
Claimed the government was adopting LNP policies including expanding the GasFields Commission and banning GAB carbon storage. Criticised the rushed cognate debate and thanked farmers from the Darling Downs for their advocacy on the subsidence issue.
“I finish by thanking the Labor government for supporting the LNP's policies that are in this bill.”— 2024-06-12View Hansard
Focused on the MEROLA Bill, expressing significant concerns about subsidence provisions and lack of consultation. Noted she was one of the first to call out the carbon capture proposal near Moonie in her electorate. Criticised the government for bypassing committee scrutiny on the GAB amendments.
“Carbon capture and storage should not be in the waters of the Great Artesian Basin. There are alternative uses for that CO2. In fact, I am advised that there is a shortage of CO2 for industrial use.”— 2024-06-12View Hansard
Spoke about the Great Artesian Basin's critical importance to his electorate, comparing it to the Great Barrier Reef for coastal communities. Also advocated for better consultation with small miners and fossickers in the gemfields and opal mining areas.
“To us the Great Artesian Basin is like the Great Barrier Reef is to the people on the east coast. That is how important it is to us.”— 2024-06-12View Hansard
Drew on his mining background to support the safety reforms, including tighter competency requirements, stronger safety representative powers and enforceable undertakings. Strongly supported the GAB carbon storage ban, comparing its importance to the Great Barrier Reef. Echoed concerns about FIFO and contract workforces.
“If this was happening on the Great Barrier Reef, we would have everyone from UNESCO and the federal government to the state government putting them under the microscope with rigour as soon as this was even mentioned.”— 2024-06-12View Hansard
Spoke about cotton producers in his electorate who rely on laser-level fields and are concerned about CSG subsidence impacts. Supported the GAB carbon storage ban, noting CTSCo's EIS had falsely claimed the precipice sandstone aquifer was saline.
“When such a fundamental falsehood is advanced in the EIS submitted by CTSCo, you have to wonder how confident they are in the fundamental value of their project.”— 2024-06-12View Hansard
▸In Detail12 June 2024View Hansard
Amendment to the Corrective Services Act 2006 validating appointments of acting professional Parole Board members from 3 July 2017 to 5 June 2024, ensuring parole decisions made during that period remain enforceable despite administrative errors in the engagement of approved individuals. Also clarified the Board's power to set future parole release dates of up to 14 days.
Amendments to the Environmental Protection Act 1994, Greenhouse Gas Storage Act 2009, Petroleum Act 1923, and Petroleum and Gas (Production and Safety) Act 2004 to ban greenhouse gas storage activities and enhanced petroleum recovery using greenhouse gas streams in the Great Artesian Basin. Ended existing GHG permit EPQ10 held by CTSCo and withdrew pending applications by CTSCo and Origin Energy. Included no-compensation clauses.
Amendments to clarify that the membership of the Coexistence Queensland board and any community leaders councils must include representation from the agricultural industry.
Removal of the CSG induced subsidence management framework from the bill (omitting clauses 69, 70, 74, 86, 87 and 90 and numerous related provisions) to allow further public consultation on the framework. Also removed related provisions from the Land Access Ombudsman Act and Mineral and Energy Resources (Common Provisions) Act.
Amendment inserting new section 851C to explicitly clarify the advice functions of the Office of Groundwater Impact Assessment (OGIA) regarding subsurface impacts from authorised petroleum and gas activities, enabling OGIA to provide scientific analysis and advice to government and Coexistence Queensland.
That the amendment be agreed to
Vote on government amendments to the Mineral and Energy Resources and Other Legislation Amendment Bill moved en bloc, including banning carbon capture and storage in the Great Artesian Basin, removing the CSG induced subsidence management framework for further consultation, clarifying Coexistence Queensland membership to include agricultural industry representatives, and adding OGIA advice functions on subsurface impacts.
The motion passed.
▸Show individual votesHide individual votes
Ayes (49)
Noes (38)
That the motion, as amended, be agreed to
Final vote on the Mineral and Energy Resources and Other Legislation Amendment Bill as amended, incorporating the Great Artesian Basin carbon storage ban, removal of subsidence provisions, and all other government amendments.
The motion passed.