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.
▸Committee22 Mar 2017View Hansard
Referred to Agriculture and Environment 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 Reading22 Mar 2017View Hansard
That the amendment be agreed to
Vote on an amendment moved during debate on the Land and Other Legislation Amendment Bill; the result was affirmative (79-5).
The motion passed.
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Ayes (79)
▸24 members spoke14 support10 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
As Minister for Natural Resources and Mines, introduced the bill to streamline regulatory frameworks across multiple acts, strengthen explosives safety, expand Indigenous landholding options and modernise land and gas safety legislation.
“The Land, Explosives and Other Legislation Amendment Bill 2017 covers a wide range of amendments that will streamline and ensure the effectiveness of key regulatory frameworks within the Natural Resources and Mines portfolio.”— 2017-10-10View Hansard
Paid tribute to previous LNP government rural reforms on land tenure and rolling term leases, implying criticism of current government while not explicitly opposing.
“Rural and regional Queensland would love a return to the days when rural reforms were made to boost our economy and inject some certainty and confidence into land tenure.”— 2017-03-23View Hansard
As the responsible Minister, introduced the bill as improving administration of the Land Act and Land Title Act, facilitating e-conveyancing via priority notices, clarifying rolling term lease extensions, and streamlining state land management. Announced government amendments to adopt committee recommendations.
“The bill is in response to the government's commitment to continually review and improve the tools it uses to administer Queensland's land portfolio.”— 2017-03-22View 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
Raised concerns about poor consultation with AgForce and LGAQ and significant shortcomings requiring eleventh-hour amendments, but supported the committee recommendation to amend section 164C(5) to allow rolling term lease extensions at any point.
“The committee had to seek extra briefings from the department after eleventh-hour meetings with departmental officers and stakeholders to work out the amendments to fix the bill's significant shortcomings.”— 2017-03-23View Hansard
Speaking for the LNP opposition, described the bill as uncontroversial and technical but criticised poor consultation with AgForce on rolling term lease clauses and the government's lack of progress on Indigenous freeholding. Expressed concern about late-circulated amendments outside the bill's long title relating to resource safety validations and the QCoal/Glencore dispute.
“The bill, as introduced, is uncontroversial in nature, being mostly technical and administrative in its intent.”— 2017-03-22View 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 long overdue minor amendments but criticised the Palaszczuk government for poor consultation, particularly with AgForce, and expressed reservations about amendments moved outside the long title of the bill.
“It is important to note that we on this side of the House support these long overdue changes, given the lack of progress made by this Labor government in relation to the former LNP government's terrific initiatives.”— 2017-03-23View Hansard
As an Agriculture and Environment Committee member, supported the bill and explained committee recommendations on trustee resignations, LGAQ concerns about compensation, and AgForce concerns about rolling term leases. Highlighted the bill's benefit for Mackay through community purpose reserves in non-tidal watercourses.
“The bill will also allow for community purpose reserves to be created within non-tidal watercourses for very specific purposes with the support of the chief executive under the Water Act 2000.”— 2017-03-22View 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
Acknowledged the policy objectives including streamlining DOGIT subdivisions and red tape reduction, but criticised the department for failing to consult AgForce properly on rolling term leases.
“I am also aware that throughout the process it has been clarified that the department had failed to consult properly with key stakeholders.”— 2017-03-23View Hansard
Deputy Leader of the Opposition criticised poor consultation with AgForce and praised the former LNP government's 2014 rolling term lease and Indigenous freeholding reforms. Called on Labor to progress Indigenous freeholding in communities like Cherbourg.
“It is disappointing that the peak industry group AgForce had to proactively seek out the government to find out what changes were proposed.”— 2017-03-22View 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
Supported red tape reduction and streamlining but warned against reversal of 2014 LNP rolling term lease reforms, cited AgForce concerns about consultation failures, and used examples from his electorate to stress the importance of scrutiny.
“AgForce, the peak body representing the state's agricultural interests, notes in its submission that the only way it became aware of the bill was through the committee's alert once the bill had been introduced and referred to that committee for consideration.”— 2017-03-23View Hansard
Defended the bill and committee process, noting the committee strengthened the legislation by addressing LGAQ and AgForce concerns. Explained why the government accepts only one lease extension per term, citing Native Title Act compatibility risks.
“This bill achieves the objectives that were set out. I commend the bill to the House.”— 2017-03-22View 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
As minister, defended the consultation record, responded to concerns about ambulatory boundaries and freeholding of Indigenous land, and foreshadowed amendments including validating statutory office holder appointments and resolving the Glencore/QCoal dispute.
“The reforms proposed in the Land and Other Legislation Amendment Bill 2016 to the Land Title Act 1994 and the Land Act 1994 will deliver a range of benefits to those dealing with land, including state land.”— 2017-03-23View Hansard
As a committee member, criticised the lack of consultation with LGAQ, Queensland Law Society and AgForce which made the committee's examination unnecessarily protracted. Acknowledged the rolling term lease clarification was eventually justified by native title banking risks after departmental explanation.
“The committee is satisfied that landholders' rights are protected, but if the amendments were formulated with the involvement of those most likely to be impacted it would have saved the committee and all involved a lot of time and concern.”— 2017-03-22View Hansard
As an Agriculture and Environment Committee member, supported the bill, detailing the four committee recommendations including the move to e-conveyancing via priority notices and the recommended amendment permitting a single lease extension application at any point during the term.
“In closing, I would like to thank my fellow members of the Agriculture and Environment Committee... I commend the bill to the House.”— 2017-03-22View Hansard
Focused on the importance of rolling term leases for pastoralists' property rights and security of tenure, and strongly criticised the government's failure to consult AgForce and the Queensland Farmers' Federation before introducing the bill.
“What we are talking about is fundamental property rights and protecting the fundamental property rights of primary producers.”— 2017-03-22View Hansard
▸In Detail22 Mar 2017 – 26 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.
Government amendment inserted outside the long title to validate appointments under the Coal Mining Safety and Health Act 1999 and Explosives Act 1999, retrospectively declaring statutory office holders to have been validly appointed and their actions lawful.
Amendment to clause 11 (section 164C) removing the restriction that applications for extension of rolling term leases may only be made within the last 20 years of the term, allowing one application at any time during the lease term, giving effect to committee recommendation 4.
Amendment to clause 24 (trustee vacation of office) developed in consultation with LGAQ, providing that a trustee's resignation takes effect on a date agreed with the minister, stated by the minister in a notice, or 12 months after the resignation notice.
Amendments 4 to 9 to clause 27 (prescribed terms compliance framework) requiring notice to underlying interest holders, allowing submissions on intention to cancel including about improvements on the land, and clarifying that compensation for improvements becoming state property is payable by the state.
Amendment 10 to clause 30 inserting a definition of 'underlying interest holder' into the Land Act dictionary to give effect to amendments 4 to 9.
Amendment 11 inserted outside the long title to amend the Mineral Resources Act 1989 granting mining lease application 70460 to Glencore Coal for transportation (expiring 31 December 2032, no renewal) to resolve the Glencore/QCoal dispute, with no compensation payable.
That the amendment be agreed to
Vote on the minister's amendment to grant mining lease 70460 to Glencore, resolving the Glencore/QCoal dispute; passed 44-38 with Labor, KAP, PHON and independents supporting and LNP opposing.
The motion passed.
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Ayes (44)
Noes (38)
Non-government amendments to the minister's amendment 11, requiring the minister to review the Glencore mining lease every 5 years and consult the QCoal entity, and removing the no-compensation provision.
That the amendments be agreed to
Vote on Mr Cripps's (LNP) amendments to require 5-yearly ministerial reviews of Glencore's mining lease and preserve compensation rights; defeated 39-42.
The motion was defeated.
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Ayes (39)
Noes (42)
Amendment 12 inserted outside the long title to validate appointments under the Mining and Quarrying Safety and Health Act 1999 and the Petroleum and Gas (Production and Safety) Act 2004, mirroring amendment 1.
Amendment 13 to expand the long title of the bill to reference the additional acts amended: Coal Mining Safety and Health Act 1999, Explosives Act 1999, Mineral Resources Act 1989, Mining and Quarrying Safety and Health Act 1999, and Petroleum and Gas (Production and Safety) Act 2004.
That the motion, as amended, be agreed to
Agreed 41-38; likely relates to the motion that the minister's amendment, as amended, be agreed to during consideration in detail.
The motion passed.
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Ayes (41)
Noes (38)
As shadow minister during Consideration in Detail, supported validation clauses for statutory office appointments but moved amendments to the Glencore mining lease resolution to require 5-yearly reviews and retain compensation rights, arguing the government's approach overrode section 251 of the Mineral Resources Act and created sovereign risk.
“Without the safeguards and without natural justice being afforded to seek compensation for the loss of property rights, the amendment is unacceptable to the opposition.”— 2017-03-23View Hansard
Assent date: 30 March 2017
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