Land, Explosives and Other Legislation Amendment Bill 2018
Plain English Summary
Overview
This bill updates multiple regulatory frameworks within Queensland's Natural Resources, Mines and Energy portfolio. It strengthens explosives safety and security, protects Cape York Peninsula heritage land from mining, modernises State land compliance powers, facilitates electronic conveyancing, improves gas safety regulation, and enhances Indigenous land management options.
Who it affects
Explosives industry workers and employers face new security clearance and licensing requirements. Lessees on State land must meet new building maintenance obligations. Property buyers and conveyancers benefit from streamlined electronic processes. Aboriginal and Torres Strait Islander communities gain greater flexibility in land management and housing.
Explosives safety and security
Introduces mandatory security clearances for anyone accessing explosives, with background checks including criminal history and domestic violence orders. Creates a new explosives driver licence separate from transport business licences. Strengthens incident reporting, investigation powers, and safety management requirements.
- New security clearances required for access to explosives, with criminal history and domestic violence checks
- Domestic violence order respondents automatically lose their explosives authority and security clearance
- New explosives driver licence created for people who drive vehicles transporting explosives
- Stronger incident reporting requirements including immediate notification to the Chief Inspector
Indigenous land and housing
Allows Registered Native Title Bodies Corporate to hold land outside their determined native title area where the Minister is satisfied it is appropriate. Enables trustees and the Department of Housing and Public Works to agree on social housing prices in discrete communities.
- Registered Native Title Bodies Corporate can be granted land outside their native title determination area
- Social housing prices on Indigenous land can be set by agreement between trustees and government
- Mining interests permanently prohibited on Shelburne and Bromley properties on Cape York Peninsula
State land compliance and enforcement
Introduces a modern compliance framework for the Land Act 1994 with expanded authorised officer powers including entry, search, seizure, and vehicle-stopping powers. Creates new safety notices for dangerous buildings on State land and regulatory notices to manage activities on unallocated State land.
- New authorised officer powers including entry by warrant, vehicle stops, and seizure of evidence
- Safety notices for dangerous buildings and structures on State land, with show cause process before demolition
- Regulatory notices to control activities like camping and trail bike riding on unallocated State land
- Lessees must maintain buildings and structures and deal with them on lease expiry or face State recovery of costs
Electronic conveyancing and land titles
Eliminates paper certificates of title to facilitate fully electronic conveyancing in Queensland. Provides regulation-making powers to require electronic lodgement of documents through the Electronic Lodgement Network.
- Paper certificates of title eliminated from 1 July 2019 — existing duplicates no longer have legal effect
- New regulation-making power to require electronic lodgement of property documents
Gas safety and abandoned operating plant
Modernises gas safety regulation under the Petroleum and Gas (Production and Safety) Act 2004 by replacing annual safety reports with real-time online reporting, establishing transparent gas device approval processes, and creating a framework to manage abandoned operating plant where no tenure holder exists.
- Annual safety reports replaced with real-time online reporting of safety-critical information
- New transparent process for appointing persons to approve gas devices
- Framework created to manage and remediate abandoned operating plant on former petroleum tenure land
Foreign land ownership register
Updates the Foreign Ownership of Land Register Act 1988 to align definitions with the Duties Act 2001, removes disproportionate land forfeiture penalties for notification failures, and streamlines administration.
- Definitions of 'foreign person' aligned with the Duties Act 2001
- Land forfeiture penalties for failing to notify removed as disproportionate
- Administration streamlined with updated terminology and contemporary drafting
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee15 Feb 2018View 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 and recommended it be passed. The committee made three recommendations, including requests for the Minister to address Aboriginal corporations' requests to have additional land parcels protected from mining interests, and to respond to concerns about onus of proof and self-incrimination protections in several clauses. The government accepted or noted all recommendations.
Key findings (5)
- The committee found the bill's amendments to the Aboriginal Land Act 1991 and Torres Strait Islander Land Act 1991 would reduce compliance burdens and enhance Indigenous land access
- Aboriginal corporations including the Olkola Aboriginal Corporation requested additional land parcels be included as protected land under the bill
- The committee identified fundamental legislative principle concerns regarding onus of proof provisions in petroleum and gas clauses and self-incrimination protections in the Explosives Act and Land Act amendments
- The bill introduced a new framework for remediation of abandoned gas and petroleum operating plant sites
- The committee found the bill would enhance home ownership opportunities for Indigenous persons by providing options to set social housing prices by agreement
Recommendations (3)
- The committee recommends that the Bill be passed.
- The committee recommends that the Minister provides advice in his second reading speech on the request by the Olkola Aboriginal Corporation, the Batavia Traditional Owners Aboriginal Corporation and the Chuulangun Aboriginal Corporation to have additional land parcels included in proposed new section 27A of the Bill as protected land, and a possible formal mechanism or process that allows Aboriginal corporations to nominate Aboriginal land, at the request of the traditional owners, for protection from mining interests.
- The committee recommends that the Minister, in his second reading speech, respond to the matters identified in the report in relation to: Petroleum and Gas (Production and Safety) Act 2004 (Clauses 265, 270, 286) regarding onus of proof; Explosives Act 1999 (Clauses 57, 58, 63, 64) regarding protection against self-incrimination; and Land Act 1994 (Clause 203) regarding protection against self-incrimination.
Committee report tabled
▸Second Reading15 Nov 2018View Hansard
▸9 members spoke8 support1 mixed
Supported the bill while raising concerns about the proliferation of omnibus bills. Particularly commended amendments allowing sale of social housing on Indigenous land and harmonisation of explosives transport regulations, thanking the minister for addressing black powder transport to Western Queensland.
“I would particularly like to commend the amendment to the Aboriginal Land Act and the Torres Strait Islander Act which will allow the sale prices of social housing on Indigenous land to be set by agreement.”— 2019-03-26View Hansard
As the Minister for Natural Resources, Mines and Energy, moved the second reading and outlined the bill's key reforms covering explosives safety, Indigenous land rights, compliance modernisation, gas safety, and online conveyancing.
“The Land, Explosives and Other Legislation Amendment Bill 2018 covers a wide range of amendments that will streamline and improve the effectiveness of certain key legislative frameworks within the Natural Resources, Mines and Energy portfolio.”— 2018-11-15View Hansard
Supported the bill, focusing on explosives safety and security provisions, particularly the introduction of an explosives driver licence and the prohibition on persons subject to domestic violence orders holding explosives licences.
“Workplace health and safety is everyone's business, and there are sections of this bill that will enhance the safety and security of workers and the community in the explosives and gas sectors.”— 2019-03-26View Hansard
Stated the LNP would not oppose the bill but raised several concerns including probity checks on registered native title body corporates, social housing overcrowding in Indigenous communities, and excessive entry powers granted to departmental officers.
“To call this bill a dog's breakfast would be an understatement. It is a bill for everything that needs to be fixed. That being said, there are some provisions contained within the bill that do have genuine merit, and for that reason we will not be opposing this bill today.”— 2018-11-15View Hansard
Stated the LNP is not opposing the bill. Welcomed Indigenous housing amendments and explosives safety provisions but raised concerns about warrantless entry powers granted to inspectors, citing the Queensland Law Society's objections.
“The Queensland Law Society has raised significant concerns regarding the powers this bill grants inspectors to enter a premise without a warrant or consent or a reasonable notice period.”— 2019-03-26View Hansard
Spoke in support of the bill, praising the professionalism of Aboriginal land-holding corporations and noting the bill would lessen administrative burdens and improve social housing outcomes in Indigenous communities.
“I point out that this bill lessens the burden on those organisations. We want to avoid extra bureaucracy and extra duplication being put on to these organisations, having to create new bodies to be responsible for land that does come under their ownership.”— 2018-11-15View Hansard
Supported the bill, emphasising the importance of explosives transport safety through the port of Townsville and North Queensland, and the domestic violence order provisions for explosives licences.
“The amendments support the Queensland government's Not now, not ever report by prohibiting persons who are the subject of a domestic violence order from holding an explosives licence.”— 2019-03-26View Hansard
Supported the bill, focusing on amendments to the Aboriginal Land Act and Torres Strait Islander Land Act to expand Indigenous land access and home ownership opportunities, and on modernising state land compliance provisions.
“The government remains committed to increasing the ability of Aboriginal people and Torres Strait Islanders to access and utilise their land as well as enhancing opportunities to achieve home ownership.”— 2019-03-26View Hansard
As Minister for Natural Resources, Mines and Energy, delivered the reply speech commending the bill's amendments to protect Cape York Aboriginal freehold land from mining and support Indigenous home ownership.
“I am immensely proud that the bill we pass today will deliver on this agreement.”— 2019-03-26View Hansard
▸In Detail26 Mar 2019View Hansard
Minister's amendments Nos 1 to 11 moved en bloc, including: changing commencement date from July to October 2019; technical amendments to explosives provisions including amending section 46 regarding government magazines and adding 'place' to the dictionary; amending explosives manufacturing standards references; correcting transport provisions cross-references; revising foreign ownership notification requirements; inserting Part 7A to amend the Land and Other Legislation Amendment Act 2017 to prevent automatic commencement of certain provisions; and removing a schedule 1 provision.
Amendment No. 12 to the long title to insert reference to the Land and Other Legislation Amendment Act 2017, consequential to the insertion of Part 7A.
Referenced Entities
Legislation
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Sectors Affected
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