Mineral, Water and Other Legislation Amendment Bill 2017
Plain English Summary
Overview
This bill reshapes how Queensland landholders and resource companies resolve disputes over mining and gas activity on private land, and modernises water planning laws to address climate change, First Nations cultural values, and urgent water quality emergencies. It bundles these changes with a large set of streamlining amendments to eight resource and water Acts.
Who it affects
Farmers and landholders dealing with mining, coal seam gas or petroleum on their property, resource companies, water utility operators such as Seqwater and SunWater, and First Nations communities whose cultural values in water plans gain explicit legal recognition.
Landholder compensation and arbitration reforms
Responds to four recommendations of the Gasfields Commission review by changing how landholders and resource companies negotiate conduct and compensation agreements and make good agreements. Parties can now choose arbitration rather than going to the Land Court, and resource companies must pay a wider range of landholder costs.
- Arbitration becomes a new, binding alternative to the Land Court for resource negotiations (both parties must agree)
- Resource companies must pay landholders' reasonable agronomist fees in addition to legal, accounting and valuation costs
- Resource companies must pay landholder negotiation costs even if negotiations are abandoned without agreement
- Authorised officer conferences are no longer a required step before going to the Land Court
Mining compensation disputes
Ends automatic court referrals for unresolved mining claim and mining lease compensation. Parties must now act themselves, and the Minister can refuse to grant or renew a tenement if compensation is not settled in time.
- Department of Natural Resources and Mines no longer automatically refers unresolved mining compensation to the Land Court
- Mining lease and mining claim applicants must now notify landowners within 5 business days of a renewal application
- Renewal applicants must now provide 9-15 months notice to enable compensation negotiation
- Minister can refuse to grant or renew mining tenements if compensation is unresolved and no court referral has been made
Climate change and cultural outcomes in water planning
Requires the Minister to explicitly consider climate-change effects on water availability when preparing water plans, and to state cultural outcomes for Aboriginal and Torres Strait Islander peoples separately from economic, social and environmental outcomes.
- Minister must explicitly consider climate change effects on water availability in water plans
- Minister must consider climate effects on water use and risks when making water use plans
- Water plans must state distinct cultural outcomes for Aboriginal peoples and Torres Strait Islanders
- Environmental flow objectives are expanded to protect environmental, cultural and social outcomes
Urgent water quality and strategic water reserves
Gives the Minister and chief executive new powers to direct urgent action on water quality emergencies (e.g. after cyclones), and allows temporary release of water from strategic infrastructure reserves until the water is needed for its planned future use.
- Minister or chief executive can direct dam operators to take urgent action on water quality issues
- Directions can override water plans and operating licences in emergencies
- Failing to comply with a water quality direction attracts a penalty of 1,665 penalty units (around $209,000 at 2017 rates)
- Unused water in strategic infrastructure reserves can be temporarily licensed for up to three years (non-renewable)
Mining and petroleum streamlining
Phases out paper mining tenements in favour of the electronic MyMinesOnline register, clarifies coal and mineral haulage rights on access land after a 2015 court case, fixes safety drafting errors affecting overlapping coal and gas operations, and introduces a framework for transferring or decommissioning water monitoring bores.
- Mining and petroleum tenements will only be recorded electronically, no more hard-copy documents
- Coal and mineral tenure holders explicitly allowed to transport minerals and equipment on 'access land'
- Water monitoring bores can be transferred to landowners, neighbouring tenement holders or the State instead of being decommissioned
- Coal mining lease applicants must again hold a pre-requisite tenure (prospecting permit, exploration permit or mineral development licence)
- Small bore repairs less than 1.2 metres deep no longer require a licensed water bore driller
Bill Journey
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