Land and Other Legislation Amendment Bill (No. 2) 2023

Introduced: 15/11/2023By: Hon S Stewart MPStatus: PASSED
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Plain English Summary

This is an omnibus bill covering multiple policy areas.

Overview

This bill modernises the management of Queensland's state land, place naming, and resource authority obligations. It streamlines how reserves and trust lands are administered, gives trustees more autonomy, overhauls the place naming process to allow faster removal of offensive names, and requires resource companies to pay local government rates as a condition of their authority.

Who it affects

Trustees of state land gain simpler processes and more autonomy, local governments in resource regions gain stronger tools to recover unpaid rates from resource companies, and communities benefit from a modernised place naming system that supports cultural reconciliation.

State land administration

Simplifies reserve purposes from a long list into six broad categories and removes the requirement for the chief executive to assess the 'most appropriate use' of land before allocating tenure. Trustees of operational reserves and non-Indigenous deeds of grant in trust gain a streamlined pathway to freehold conversion, and State or statutory body trustees can now take actions inconsistent with the trust purpose without ministerial approval if they prepare a management plan.

  • Reserve purposes consolidated into six categories: Aboriginal purposes, cemetery purposes, community facility purposes, conservation/scenic/land management purposes, parks and recreational purposes, and Torres Strait Islander purposes
  • Trustees of operational reserves and non-Indigenous DOGITs can now request or accept offers to convert trust land to freehold
  • State and statutory body trustees can take actions inconsistent with the trust purpose by preparing a management plan, without needing ministerial approval
  • Leaseholders on pastoral leases can diversify land use, but grazing leases over State forests and conservation areas can no longer add additional purposes

Place naming reform

Overhauls Queensland's Place Names Act to make the process more efficient and culturally responsive. The chief executive now develops and publishes proposals (previously the Minister's role), minimum consultation drops from two months to one month, and offensive names can be removed without public consultation. When a name changes, the old name can continue alongside the new one for up to 5 years, with one possible extension of up to 5 years.

  • Offensive, derogatory, racist, or sexist place names can be removed without public consultation
  • Minimum public consultation period reduced from two months to one month
  • Transition period of up to 5 years (extendable to 10 years) allows communities and businesses to adjust to a new name
  • Changing a place name does not affect anyone's legal rights or obligations — applies retrospectively and prospectively

Resource authority rates and charges

Makes payment of local government rates and charges a mandatory condition of holding a geothermal, greenhouse gas storage, or petroleum resource authority. This extends an existing requirement under the Mineral Resources Act 1989 to all resource Acts. The State can use security deposits to recover unpaid rates, and non-payment can be considered when processing renewal, amalgamation, or division applications.

  • Local government rates and charges become a mandatory condition of petroleum, geothermal, and greenhouse gas storage resource authorities
  • Security deposits held by the State can be used to pay unpaid local government rates
  • Non-payment of rates and charges can be considered during renewal, amalgamation, and division applications
  • Applies both retrospectively and prospectively to existing and future resource authorities

Recreation area renaming

Enables recreation areas declared under the Recreation Areas Management Act 2006 to be renamed by regulation, rather than requiring a legislative amendment. This supports changes such as renaming the Fraser Island Recreation Area to reflect the official name K'gari.

  • Recreation areas can be renamed by regulation rather than through legislation

Bill Story

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

Introduced15 Nov 2023View Hansard
First Reading15 Nov 2023View Hansard
Committee23 Feb 2023View Hansard

Referred to Transport and Resources Committee

Committee Findings
Recommended passage

The Clean Economy Jobs, Resources and Transport Committee examined the bill over several months, receiving submissions from Brisbane City Council, the Local Government Association of Queensland, and the Queensland Resources Council. The committee recommended the bill be passed, finding that its provisions to streamline state land administration, modernise the place naming framework, and mandate payment of local government rates by resource authority holders were sound. LNP members filed a Statement of Reservation raising concerns about inadequate consultation and the need for a fairer rating system for the resources industry.

Key findings (5)
  • The bill's amendments to the Land Act to remove the requirement to assess 'most appropriate use' before allocating land tenure were supported as reducing regulatory duplication and speeding up government project delivery.
  • The LGAQ recommended establishing a Local Government Advisory Panel for ongoing consultation on implementing the land amendments, which the Department of Resources supported.
  • The Queensland Resources Council raised concerns about excessive and unpredictable local government rate increases on resource companies, citing examples of rate rises ranging from 15 to 1,270 per cent.
  • Quilpie Shire Council reported that unpaid rates by a single resource operator amounted to approximately $6.3 million, representing roughly 90 per cent of its total budgeted general rates revenue.
  • The committee found the bill's retrospective application of mandatory rate payment conditions to be justified, given the significant impact of unpaid rates on regional councils.
Recommendations (1)
  • The committee recommends the Land and Other Legislation Amendment Bill (No. 2) 2023 be passed.
Dissenting views: LNP members (Pat Weir, Bryson Head, and Trevor Watts) filed a Statement of Reservation acknowledging the bill's sound intent but raising concerns about inadequate consultation by the government, the absence of provisions for how rates and charges should be determined and applied, and the need for a Local Government Advisory Panel and education training package for councils. They also called for thorough consultation and significant public support before any place name changes, along with additional funding for councils to implement such changes.
AI-generated summary — may contain errors
Committee Report8 Mar 2024

Committee report tabled

Second Reading22 Feb 2023View Hansard

Vote on a motion

This division is unrelated to the section content. The section contains only the Speaker's procedural ruling on the same question rule and ministerial appointment documents.

Passed50 ayes – 34 noes2023-02-21

The motion was agreed to.

A formal vote on whether to accept a proposal — this could be the bill itself, an amendment, or another motion.

Show individual votes

Ayes (50)

A. King(Australian Labor Party)
Bailey(Australian Labor Party)
Boyd(Australian Labor Party)
Brown(Australian Labor Party)
Bush(Australian Labor Party)
Butcher(Australian Labor Party)
Crawford(Australian Labor Party)
Dick(Australian Labor Party)
D’Ath(Australian Labor Party)
Enoch(Australian Labor Party)
Farmer(Australian Labor Party)
Fentiman(Australian Labor Party)
Furner(Australian Labor Party)
Gilbert(Australian Labor Party)
Grace(Australian Labor Party)
Harper(Australian Labor Party)
Healy(Australian Labor Party)
Hinchliffe(Australian Labor Party)
Howard(Australian Labor Party)
Hunt(Australian Labor Party)
Kelly(Australian Labor Party)
Lauga(Australian Labor Party)
Linard(Australian Labor Party)
Lui(Australian Labor Party)
Madden(Australian Labor Party)
Martin(Australian Labor Party)
McCallum(Australian Labor Party)
McMahon(Australian Labor Party)
McMillan(Australian Labor Party)
Mellish(Australian Labor Party)
Miles(Australian Labor Party)
Mullen(Australian Labor Party)
O’Rourke
Palaszczuk(Australian Labor Party)
Pease(Australian Labor Party)
Power(Australian Labor Party)
Pugh(Australian Labor Party)
Richards(Australian Labor Party)
Russo(Australian Labor Party)
Ryan(Australian Labor Party)
S. King(Australian Labor Party)
Saunders(Australian Labor Party)
Scanlon(Australian Labor Party)
Skelton(Australian Labor Party)
Stewart(Australian Labor Party)
Sullivan(Independent)
Tantari(Australian Labor Party)
Walker(Australian Labor Party)
Whiting(Australian Labor Party)
de Brenni(Australian Labor Party)

Noes (34)

Bates(Liberal National Party)
Bennett(Liberal National Party)
Bleijie(Liberal National Party)
Boothman(Liberal National Party)
Camm(Liberal National Party)
Crisafulli(Liberal National Party)
Dametto(Katter's Australian Party)
Frecklington(Liberal National Party)
Hart(Liberal National Party)
Head(Liberal National Party)
Janetzki(Liberal National Party)
Krause(Liberal National Party)
Langbroek(Liberal National Party)
Last(Liberal National Party)
Leahy(Liberal National Party)
Lister(Liberal National Party)
MacMahon(Queensland Greens)
Mander(Liberal National Party)
McDonald(Liberal National Party)
Mickelberg(Liberal National Party)
Millar(Liberal National Party)
Minnikin(Liberal National Party)
Molhoek(Liberal National Party)
Nicholls(Liberal National Party)
O’Connor(Liberal National Party)
Perrett(Liberal National Party)
Powell(Liberal National Party)
Purdie(Liberal National Party)
Robinson(Liberal National Party)
Rowan(Liberal National Party)
Simpson(Liberal National Party)
Stevens(Liberal National Party)
Watts(Liberal National Party)
Weir(Liberal National Party)
14 members spoke9 support5 mixed
11.39 amMr HEADMixed

Supported amendments for pastoral lease diversification and mandatory payment of local government rates by resource companies, but opposed the Place Names Act amendments, citing concerns about reduced consultation time, cost implications for councils, and potential for divisive name changes. Announced the opposition would oppose clauses amending the Place Names Act.

The cutting of consultation time for proposed name changes is another example of the Labor government stripping Queenslanders of the right to have their voices heard.2024-04-16View Hansard
4.58 pmHon. SJ STEWARTSupports

As Minister for Resources and Critical Minerals, moved the second reading and outlined the bill's key reforms to state land administration, place naming, and mandating resource companies pay local government rates.

These amendments will ensure resource companies fulfil their obligations to pay outstanding local government rates and charges.2024-03-21View Hansard
11.49 amHon. LM ENOCHSupports

Spoke in support of the bill's amendments to the Place Names Act, highlighting the importance of removing offensive and racist placenames such as Black Gin Creek, which was renamed to Dundula. Argued the reforms were necessary to address painful reminders of historical violence against Aboriginal people.

She shared the painful reminder that the place held for Darumbal people. She was reported to have said that places called 'Black Gin Creek' were areas commonly known to be places where Aboriginal women were raped and murdered by non-Indigenous men.2024-04-16View Hansard
5.19 pmMr LASTMixed

Supported elements such as farm-based tourism diversification and mandatory resource company rates, but strongly opposed the Place Names Act amendments, citing reduced consultation periods and politicisation of the Public Service. Declared he would not support the place names amendments.

I will not be supporting the amendments relating to place names, and I call on all members to ensure Queenslanders are heard by doing the same.2024-03-21View Hansard
11.56 amMr BENNETTSupports

Confined his contribution to the positive aspects of the bill, praising the amendments that resolved tenure issues for the Goora Gan Steiner School at Agnes Water. Thanked the minister and department for working in a bipartisan way to achieve a positive outcome for the school's secure tenure.

It is a real pleasure to work in a bipartisan way in this place to achieve positive outcomes through legislative reform.2024-04-16View Hansard
5.38 pmMr KINGSupports

As former chair of the Transport and Resources Committee, outlined the bill's key amendments and noted the committee's recommendation that the bill be passed.

This bill amends a few acts to achieve the desired outcomes, and I will summarise a few of those.2024-03-21View Hansard
11.59 amMs LAUGASupports

Spoke in support of the bill, highlighting the provision enabling the minister to dedicate reserves for broader purposes, the pathway to freehold conversion for non-Indigenous deeds of grant in trust, and the mandatory payment of local government rates by resource companies.

If you do not pay your rates, you should not have the authority to mine or have that resource authority in Queensland.2024-04-16View Hansard
5.43 pmMr WEIRMixed

As a committee member, raised concerns about the cost impacts of place name changes on local government and businesses, while supporting the resource authority rates amendments as clearly necessary.

That is clearly unacceptable. For a small shire like Quilpie, with a very poor rate base, that is clearly unacceptable and something needs to happen.2024-03-21View Hansard
12.04 pmMr WATTSMixed

Supported appropriate renaming of places with proper consultation and fair rates for resource companies, but criticised the government's lack of consultation and centralisation of control. Raised concerns about sovereign risk from poor process and lack of stakeholder engagement.

Either we have a functioning democracy or we have a dictatorship. I believe that correct stakeholder engagement, correct processes, genuine consultation over a period and public debate should be held on matters that are important.2024-04-16View Hansard
5.52 pmMr WALKERSupports

Spoke in support of the bill's objectives to improve regulatory efficiency, reduce red tape in land administration, and mandate payment of local government rates by resource companies.

We hear time and time again about more cost-effective processes and the removal of red tape. The other side talks about it all the time and here we are making life so much easier.2024-03-21View Hansard
12.11 pmMs PEASESupports

Spoke in support of the bill, highlighting the benefits of modernising state land management to give trustees more flexibility, the improvements for pastoralists to diversify their leases, and the mandatory payment of local government rates by resource companies.

If resource companies have not been paying local government rates to the communities they are operating in, this can now be taken into consideration if they make other applications for further mining.2024-04-16View Hansard
12.16 pmMr BERKMANMixed

Stated the Greens would not oppose the bill but expressed distrust in the government's use of broadened powers to manage public land, citing examples such as the Star casino deal and the Mount Coot-tha zip-line project. Supported the place-naming reforms and mandatory rate payments but called for tripling gas royalties.

I do not trust in this government, and certainly not those on the opposition benches, to protect and promote the use of public land for purposes that genuinely enrich our local communities and the lives of residents.2024-04-16View Hansard
12.25 pmMr MARTINSupports

Supported the bill, highlighting the importance of changing offensive placenames and noting that 15 offensive names had already been changed since 2015. Responded to the member for Callide's concerns about airport signage showing 'Meanjin'.

It is disturbing that they have remained in place until recently. There can be no argument that those 15 names were offensive. They contained what were, in effect, racial slurs.2024-04-16View Hansard
12.29 pmHon. SJ STEWARTSupports

As Minister for Resources and Critical Minerals, replied to the second reading debate. Defended the bill's amendments across all areas including land management, place naming, and mandatory resource company rate payments. Tabled a list of 41 offensive placenames proposed for change.

Let me be clear: we are not changing the local government ratings framework. It is necessary for local governments to continue to have autonomy and flexibility to develop their own rating systems.2024-04-16View Hansard
In Detail23 Feb 2023 – 16 Apr 2024View Hansard
Third Reading23 Feb 2023View Hansard
Royal Assent — Act 12 of 202426 Apr 2024

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