Environmental Protection (Underground Water Management) and Other Legislation Amendment Bill 2016
Plain English Summary
Overview
This bill tightens the environmental assessment of underground water taken by mining and petroleum projects, improves protections for landholders whose water bores are damaged by resource activities, and fixes gaps in how local councils enforce heritage laws. It also creates a transitional 'associated water licence' process for mining projects that were partway through approval when Queensland's 2014 water reforms commenced.
Who it affects
Rural landholders with water bores gain stronger rights in negotiations with resource companies. Mining and gas companies face tougher information requirements and must cover more of the costs of make good agreements. Local councils get clearer power to enforce local heritage protections.
Stronger groundwater assessment for mines and gas projects
Site-specific environmental authority applications for mining leases, mineral development licences and petroleum leases must now include detailed information about aquifers, predicted water-level declines, impacts on environmental values and management strategies. Underground water impact reports must describe past and predicted future environmental impacts, and environmental authorities can be amended in response.
- New detailed groundwater impact information required in resource project applications
- Environmental authorities can be amended if underground water impact reports identify new or potential impacts
- The administering authority (not the Minister) decides environmental authority applications
Fairer make good agreements for bore owners
Landholders negotiating make good agreements with resource companies get a cooling-off period, reimbursement of independent hydrogeology advice costs, and have alternative dispute resolution paid for by the tenure holder. Bores impaired by free gas from coal seam gas operations are now covered.
- Cooling-off period lets bore owners terminate a make good agreement without penalty
- Resource company must reimburse bore owner's reasonable hydrogeology, accounting, legal and valuation costs
- Resource company must bear the cost of alternative dispute resolution
- Free gas damage to a bore can now trigger make good obligations
Associated water licences for advanced mining projects
Mining projects that had environmental authority approvals or coordinated project notifications before the 2014 water reforms but no water licence for dewatering must now obtain a new 'associated water licence'. The process requires public notification, submissions and third-party merit appeal rights before underground water can be taken.
- New associated water licence required before dewatering for transitional mining projects
- Public can make submissions on underground water impacts
- Third parties can appeal the decision on merit
- Chief executive can refuse licences with unacceptable environmental or water-user impacts
Local heritage enforcement by councils
Fixes a drafting oversight so that local council chief executive officers can formally appoint council employees as authorised persons to inspect local heritage places and enforce compliance with local heritage provisions, with appropriate limits on their powers.
- Council CEOs can appoint council employees as authorised persons for heritage enforcement
- Local government-appointed officers need a warrant to seize evidence or use force
- Maximum penalty of 10 penalty units for failing to return a council-issued identity card
- Compensation for damage caused by council officers comes from the local government
Bill Journey
Committee report tabled
Referenced Entities
Legislation
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Programs & Schemes
Sectors Affected
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