Mineral and Other Legislation Amendment Bill 2016
Plain English Summary
Overview
This bill reverses a set of yet-to-commence changes to Queensland's resource laws that would have reduced the public's right to object to mining projects and weakened protections for farmers and rural landholders. It restores community objection rights in the Land Court, writes protections for homes, schools and key farm infrastructure into primary legislation, and removes ministerial powers to grant mining leases over land without the landholder's consent.
Who it affects
Farmers, rural landholders and communities near proposed mines gain back stronger rights to object and refuse consent; coal, coal seam gas and petroleum companies face restored public notification processes and must get written consent from landholders before mining restricted land.
Key changes
- Restores the right for any person to object to a mining lease application in the Land Court on broad grounds including environmental impacts, land use and public interest
- Expands 'restricted land' to include principal stockyards, dams, bores, artesian wells and water storage facilities, with buffer distances written into the Act itself (200m from homes/schools/hospitals, 50m from farm infrastructure)
- Removes the Minister's power to grant mining leases over restricted land without the landholder's written consent and agreed compensation
- Creates new rules requiring miners who enter land just to mark out mining boundaries to give notice, pay compensation for damage, and get consent for restricted land
- Streamlines the coal and coal seam gas overlapping tenure framework so joint development plans are only required for production-over-production overlaps, while strengthening information exchange between overlapping tenure holders
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee23 Feb 2016View Hansard
Referred to Infrastructure, Planning and Natural Resources Committee
The Infrastructure, Planning and Natural Resources Committee recommended the bill be passed and made seven recommendations, including amendments to improve public notification of mining lease applications and landholder protections under the restricted land framework. The committee received submissions from mining industry, landholder and environmental groups, conducted site visits to mines and landholdings, and held public hearings in Brisbane and Toowoomba. The government accepted most recommendations and agreed to move amendments during consideration in detail.
Key findings (5)
- The bill sought to reinstate public notification and community objection rights for proposed mining projects that had been limited under the previous government's Mineral and Energy Resources (Common Provisions) Act 2014
- Landholder and environmental groups broadly supported the bill's reinstatement of objection rights, while mining industry stakeholders expressed concern about potential for frivolous objections to delay projects
- The committee found the Department of Natural Resources and Mines could improve the information available to communities about public participation opportunities in the mining approval process
- Stakeholders raised concerns about the adequacy of prescribed distances (50 metres and 200 metres) under the restricted land framework and the exclusion of certain agricultural assets from the definition of restricted land
- The committee sought clarification on the definition of 'residence' with respect to accommodation for non-resident workers, leading to a government commitment to amend the bill
Recommendations (7)
- The committee recommends the Mineral and Other Legislation Amendment Bill 2016 be passed.
- The committee recommends clause 89 of the bill be amended to include 'an owner of adjoining land' in the definition of 'affected person'.
- The committee recommends the bill be amended to require that a notice be placed on the subject land at the time that the notice is placed in the newspaper and other notification occurs.
- The committee recommends the bill be amended to require an applicant to give notice of a mining lease application to entities that provide infrastructure wholly or partially on the subject land.
- The committee recommends the Department of Natural Resources and Mines develops a brochure setting out in plain English the processes relating to the Environmental Impact Statement, Environmental Authority and Mining Lease.
- The committee recommends that the Department of Natural Resources and Mines reports to the committee on the outcomes of its investigation into potential amendments to clarify the definition of residence with respect to accommodation and infrastructure for non-resident workers.
- The committee recommends that the prescribed requirements for opt-out agreements include a requirement that information provided to landholders be concise and in plain English, and an acknowledgment from the landholder that they had an opportunity to seek legal advice.
Committee report tabled
▸Second Reading24 May 2016View Hansard
▸9 members spoke5 support3 oppose1 mixed
As the minister introducing the bill, argued it restores balance between landholders, the community and the resources sector by reinstating public notification and community objection rights to mining leases and strengthening protections for key agricultural infrastructure.
“The purpose of this bill is to give effect to the government's commitments and contribute to restoring the balance between landholders, the community and the resources sector here in Queensland.”— 2016-05-24View Hansard
Argued the bill is a regrettable step backwards that will damage Queensland's reputation as a resources jurisdiction, cost jobs in regional Queensland, and undermine the former LNP government's modernisation of resources legislation.
“The process of modernising the legislation that governs the resources sector in Queensland will take an unfortunate and regrettable step backwards when this bill passes the House.”— 2016-05-24View Hansard
Defended the bill as restoring accepted and respected landholder rights that the LNP government had stripped away, and rejected claims that objection rights had been used for frivolous or vexatious claims.
“This is yet another example of where previous government legislation stripped away the rights of landholders.”— 2016-05-24View Hansard
Opposed the expansion of objection rights to 'the whole world', arguing it would enable green activist groups like Greenpeace to lodge vexatious claims designed to disrupt and delay coal projects.
“While I am happy to look at expanding objection rights slightly, I still have a real issue with expanding objection rights to the whole world, and that is what we are talking about here.”— 2016-05-24View Hansard
Supported the bill as restoring objection rights that rural and regional landholders want reinstated, criticising the LNP for being hypocritical in giving mining companies rights to object to landholder developments while opposing landholder rights to object to mines.
“I rise to speak in support of the Mineral and Other Legislation Amendment Bill 2016 and the amendments moved by the minister.”— 2016-05-24View Hansard
Did not oppose extending notification and objection rights to directly impacted landholders, but expressed concern that the bill would allow green activists outside Queensland to bring court actions that delay job-creating projects in the resources sector.
“While I do not oppose the notification of objection rights being extended, I do have concerns that people outside Queensland should be able to bring court action that delays job growth in our regions.”— 2016-05-24View Hansard
Supported the bill for reinstating objection rights and protecting key agricultural infrastructure under the restricted land framework, commending it as an example of a government that listens to communities.
“This government is committed to restoring the balance between responsible mining developments and the community's right to have appropriate input into them. The Mineral and Other Legislation Amendment Bill 2016 will restore the balance.”— 2016-05-24View Hansard
Argued the bill moves the balance too far in favour of protest and objection rights, warning that enabling any person anywhere to object to mining projects would lead to lost mining opportunities, poor economic outcomes and reduced job growth.
“In essence I can see only as a retrograde step the change enabling any individual or organisation located anywhere to object to some development which does not even tangentially directly affect them.”— 2016-05-24View Hansard
Supported the bill as restoring balance between mining and agriculture, noting the Mackay region relies on both sectors and the bill protects landholders by restricting mining leases near key farm infrastructure without consent.
“This bill brings back balance to landholders and the resources sector.”— 2016-05-24View Hansard
▸In Detail24 May 2016View Hansard
Government amendments Nos 1 to 4 to clause 7 amending section 68 (What is restricted land): insert the word 'laterally' after the 200m and 50m distance specifications and omit the definition of 'residence' in section 68(3).
Government amendments Nos 5 and 6 to clause 31 amending section 130 (Requirement for agreed joint development plan) to clarify application of section 130(2)(a) and (c) and omit 'proposed' from section 130(2)(d).
Government amendments Nos 7 and 8 to clause 35 replacing 'petroleum resource authority' with 'PL' in section 134 (Authorised activities allowed only if consistent with agreed joint development plan).
Government amendments Nos 9 and 10 to clause 44 replacing 'petroleum resource authority' with 'PL' in section 147 (Authorised activities allowed only if consistent with agreed joint development plan).
Government amendment No 11 inserting new clause 51A to amend section 170 (Minimising compensation liability) by replacing 'coal seam gas' with 'natural gas'.
Government amendments Nos 12 and 13 to clause 52 amending section 172 (Reconciliation payments and replacement gas) by replacing references to 'coal seam gas' with 'natural gas'.
Government amendments Nos 14 to 17 to clause 89 (replacement of section 436) to expand direct notification requirements for mining lease applications to include adjoining landholders, the relevant local government and infrastructure providers, and inserting definitions for 'adjoining land' and 'infrastructure'. Implements committee recommendations 2 and 4.
Government amendment No 18 inserting new clauses 109A and 109B to omit sections 560 and 564.
Referenced Entities
Legislation
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Sectors Affected
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