Mineral Resources (Aurukun Bauxite Resource) Amendment Bill 2016
Plain English Summary
Overview
This bill restores normal community objection and judicial review rights to bauxite mining projects at Aurukun on western Cape York. Since 2006, a special regime under the Mineral Resources Act 1989 had bypassed those rights for projects on Restricted Area 315. The bill brings Aurukun projects back in line with the standard mining approval process.
Who it affects
Traditional Owners and landowners around Aurukun, who can now formally object to mining applications and have them heard by the Land Court. Glencore, which holds the current Aurukun agreement, will need to go through the standard objection and hearing process.
Key changes
- Communities can now object to Aurukun mining lease applications and have those objections heard by the Land Court
- Judicial review of Aurukun mineral development licence decisions is restored (the 'final and conclusive' bar is removed)
- Aurukun mineral development licences must comply with the mandatory Land Access Code protecting landowners
- The At Risk agreement now applies, letting hardship-affected landowners require the tenure holder to buy their property at fair market value
- The new rules apply to existing mineral development licence applications, not just new ones
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee16 Feb 2016View Hansard
Referred to Infrastructure, Planning and Natural Resources Committee
The Infrastructure, Planning and Natural Resources Committee examined the bill over three weeks, receiving 9 submissions and holding a public briefing. The committee recommended the bill be passed, noting it reinstates rights of judicial review for Aurukun bauxite resource projects and provides protections for landowners. The committee stressed that the Government must be proactive in ensuring development milestones are met so the Aurukun bauxite resource is not warehoused.
Key findings (5)
- The bill reinstates the right of communities to object to Aurukun bauxite resource projects through the Land Court
- Submitters raised concerns about the competitive bid process that selected Glencore as the preferred developer, but the Government confirmed the process was lawful and would not be reopened
- The committee noted the risk of resource warehousing and stressed that binding development milestones in the Glencore agreement must be enforced
- Native Title representative bodies argued the amendments did not go far enough to enable Indigenous participation in decision-making about the resource
- The committee accepted the retrospective application of the bill as justified because it restores landowner rights rather than adversely affecting the applicant
Recommendations (1)
- The committee recommends that the Mineral Resources (Aurukun Bauxite Resource) Amendment Bill 2016 be passed.
Committee report tabled
▸Second Reading15 Mar 2016View Hansard
That the bill be read a second time
Party VoteVoice vote to advance the bill restoring community objection rights for Aurukun bauxite mining projects, resolved in the affirmative under standing order 106 with bipartisan support.
The motion passed.
What is a party vote?
This was a party vote. Each party's Whip declared how their members voted without a physical count, so individual votes were not recorded. Party votes are used when all members of a party are expected to vote the same way.
▸8 members spoke8 support
As minister, introduced and commended the bill to restore community objection rights for Aurukun mining projects, defending the competitive bid process with Glencore and emphasising economic benefits for Cape York communities.
“The amendments are complementary to this government's commitment to restore community objection rights for mining projects.”— 2016-03-15View Hansard
Supported the bill on behalf of the LNP opposition, noting the irony that Labor was now reversing its own 2006 Aurukun provisions that had removed objection rights, and pressing the minister on how retrospectivity would affect Glencore's development agreement.
“The risk of the Beattie Labor government's 2006 Aurukun provisions being found to be discriminatory by the High Court has prompted the Palaszczuk Labor government to introduce this bill.”— 2016-03-15View Hansard
Supported the bill as committee chair, emphasising the restoration of Indigenous objection rights and warning against warehousing of the bauxite resource by Glencore.
“This amendment bill restores the rights of Indigenous people, and I support that 100 per cent.”— 2016-03-15View Hansard
Supported the bill as a committee member, noting the bill was driven by the pending High Court challenge and that while he does not support universal third-party objection rights, he supports Indigenous landholders' right to object.
“While I do not support the right of every man and his dog to take these provisions to court, I do however support the local Indigenous groups having that right.”— 2016-03-15View Hansard
Supported the bill, drawing on 21 years of experience in the alumina industry to emphasise the importance of high-quality Australian bauxite and the restoration of community objection rights.
“These amendments restore community objection rights relating to mining developments as soon as possible to not only local landholders but also the broader Queensland community.”— 2016-03-15View Hansard
Supported the bill, emphasising employment opportunities for Indigenous communities on the western cape and the importance of royalties for Queensland.
“This bill provides an opportunity for tomorrow's boilermakers, tomorrow's electricians, tomorrow's diesel fitters to come from our Indigenous communities.”— 2016-03-15View Hansard
Supported the bill, highlighting the disenfranchisement of the Wik and Wik Way people and concerns about warehousing of the resource by Glencore.
“The Wik and Wik Way people have been disenfranchised resulting in costly challenges these people can least afford.”— 2016-03-15View Hansard
Supported the bill, noting it restores Indigenous objection rights and will provide significant employment and economic opportunities for western Cape York communities.
“There is no doubt that the bauxite deposit that is at Aurukun is substantial: 480 million tonnes of dry beneficiated bauxite in terms of a deposit that is ready for development.”— 2016-03-15View Hansard
▸In Detail15 Mar 2016View Hansard
Amendment to clause 8 revising the terminology for restricted land boundaries in mining lease applications to reflect current practices.
Amendments 2 to 4 to clause 9 clarifying that the 'Aurukun agreement' for Land Court consideration is the one for the specific Aurukun project subject to the mining lease application, and that the Land Court cannot alter the Aurukun agreement itself.
Raised concerns during consideration in detail that the bill's objection rights were insufficient because Indigenous people were more concerned about the transparency of the tender process that selected Glencore, and filed a dissenting report to the committee.
“Indigenous people are more concerned about the transparency of the tender process rather than the objection rights because the horse has more or less bolted.”— 2016-03-15View Hansard
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Sectors Affected
Classified using AGIFT/ANZSIC Australian government standards