Natural Resources and Other Legislation (GDA2020) Amendment Bill 2019
Plain English Summary
Overview
This bill updates Queensland's positioning and mapping laws to adopt the new national standard (GDA2020), closes a growing 1.8-metre gap between GPS coordinates and government maps, and makes several unrelated improvements to state land management, Indigenous land grants, land titling, and Cape York Peninsula heritage protection.
Who it affects
Surveyors, spatial professionals, and anyone relying on precise positioning technology are most affected by the datum change. Traditional Owners benefit from a faster pathway to freehold land grants, and term lease holders get a simpler renewal process.
Geodetic datum update (GDA2020)
Australia's tectonic plate has drifted about 1.8 metres since the current mapping standard was set in 1994, causing GPS coordinates to not match government maps. This bill adopts the new national standard GDA2020 across 10 Queensland Acts so that satellite positioning and government maps align.
- Adopts GDA2020 as Queensland's geodetic reference framework for latitude, longitude and mapping
- Updates coordinate references in the Gold Coast Waterways Authority Act from GDA94 to GDA2020
- Consolidates block and sub-block definitions for mining and energy tenures into one common Act
- Clarifies historical datum references in the Transport Infrastructure Act for motorway facilities
Indigenous land grants
Traditional Owners can now receive freehold grants of unallocated state land under Indigenous Land Use Agreements without needing to lodge a costly native title claim, even where native title was previously extinguished.
- Unallocated state land can be granted as freehold to Traditional Owners under an Indigenous Land Use Agreement without competition
- Removes the need for a new native title claim where native title was previously extinguished
- Land is granted to a trustee on behalf of identified Aboriginal or Torres Strait Islander peoples
State land management reform
The bill streamlines several state land processes including lease renewals, land allocation ballots, and the making of model by-laws for trust land.
- Government can proactively offer term lease renewals without requiring lessees to lodge a formal application
- Modernises the ballot process for competitive land allocation with flexibility for the chief executive
- Model by-laws for trust land can now be made by the Minister and published online, instead of requiring Governor in Council regulation
Cape York Peninsula Region expansion
The Cape York Peninsula Region boundary is extended to include additional Daintree National Park land and adjacent state land, supporting negotiations with the Eastern Kuku Yalanji people for Aboriginal land ownership.
- Four land parcels added to the Daintree National Park since 2007 are brought into the Cape York Peninsula Region
- Three parcels of state land adjacent to the park are also included
- Enables transfer of additional land to Aboriginal ownership and joint management as national park
Land titling and conveyancing
Electronic conveyancing processes are clarified, building lease plans are introduced, and outdated certificate of title references are removed.
- Clarifies that registrars can rely on certifications under Electronic Conveyancing National Law when registering digital documents
- Introduces building lease plans as a new option for identifying leased land
- Removes redundant certificate of title references from the South Bank Corporation Act
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee23 Oct 2019View 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 over six weeks, receiving three submissions and holding a public briefing with the Department of Natural Resources, Mines and Energy and the Department of Aboriginal and Torres Strait Islander Partnerships. The committee recommended the bill be passed, finding the technical updates to adopt the Geocentric Datum Australia 2020 were sound and that the related amendments to land administration and Cape York Peninsula provisions were appropriate. No dissenting views were recorded.
Key findings (5)
- The bill's primary purpose of adopting the Geocentric Datum Australia 2020 (GDA2020) was necessary to align Queensland's location data with global satellite positioning systems, correcting a 1.8-metre positional drift since 1994.
- The Surveying and Spatial Sciences Institute raised concerns about allowing freehold grants of unallocated state land under Indigenous Land Use Agreements where native title had been historically extinguished, but the department confirmed the provision did not pre-empt any existing agreements.
- The Queensland Law Society supported the intent of streamlining freehold grants for Traditional Owner groups but flagged potential impacts on the right to negotiate regarding purchase price provisions.
- The committee noted a potential fundamental legislative principles issue with clause 52 referencing a Commonwealth determination but was satisfied the bill had sufficient regard to the institution of Parliament, as future changes to the national datum would still require amendment of Queensland regulation.
- Amendments to the Cape York Peninsula Heritage Act 2007 to include approximately 32 hectares of additional land in the Cape York Peninsula Region were welcomed by stakeholders as supporting ongoing negotiations with the Eastern Kuku Yalanji people.
Recommendations (1)
- The committee recommends the Natural Resources and Other Legislation (GDA2020) Amendment Bill 2019 be passed.
Committee report tabled
▸Second Reading20 Feb 2020View Hansard
▸11 members spoke10 support1 mixed
As minister, introduced the bill to adopt the GDA2020 national standard for position measurement, amend the Land Act to improve lease renewal processes, and extend the Cape York Peninsula region boundary.
“As such, Queenslanders will increasingly notice discrepancies with the previous datum. In anticipation for the growing use and reliance on positioning technology including driverless buses, passenger vehicles, boats and even tractors, the time has come to update to GDA2020.”— 2020-02-20View Hansard
Confirmed the LNP would not oppose the bill, describing it as sensible and pragmatic. Raised stakeholder concerns from the Queensland Law Society about ILUA provisions and requested the minister address them.
“The LNP will not opposing this bill as it includes many sensible, pragmatic and run-of-the-mill amendments that are needed to ensure our state continues to tick over and operate.”— 2020-02-20View Hansard
As committee chair, supported the bill and explained the importance of updating datum for satellite positioning accuracy, lease renewal improvements, and granting unallocated state land to First Nation people under ILUAs.
“This is a new national standard and we all need to adopt it.”— 2020-02-20View Hansard
As committee member, confirmed the bill is not contentious and noted the committee only received three submissions. Explained the technical need for GDA2020 and its impact across industries relying on GPS.
“This is not a contentious bill, as was evidenced by the fact that the committee only received three submissions.”— 2020-02-20View Hansard
Supported the bill, outlining its policy objectives including GDA2020 adoption, lease renewal improvements, ILUA land granting provisions, and Cape York boundary extension.
“I would like to thank the Minister for Natural Resources, Mines and Energy for bringing this important bill to the House.”— 2020-02-20View Hansard
As committee member, supported the bill and highlighted the growing importance of geocentric datum accuracy for autonomous systems in mining, agriculture, military and aviation applications.
“As our reliance on technology like autonomous systems increases, the accuracy of geocentric datum is becoming more and more important.”— 2020-02-20View Hansard
As committee member, noted this was a rare uncontroversial bill the committee easily agreed on. Highlighted the practical importance of GPS accuracy for everyday use.
“We need that precision in this day and age. This bill ensures we have that precision.”— 2020-02-20View Hansard
As committee member, outlined the bill's objectives and noted the committee's single recommendation was that the bill be passed.
“Our committee only had one recommendation—that the bill be passed.”— 2020-02-20View Hansard
Supported the bill, highlighting the importance of updating datum for modern GPS-reliant industries including driverless technology at the Port of Brisbane in her electorate.
“Updating to GDA2020 will benefit businesses in construction, agriculture, insurance, emergency services, mapping, surveying, transport, tourism, environmental management, scientific research, automation, telecommunications and entertainment.”— 2020-02-20View Hansard
Supported the GDA2020 and lease renewal amendments but raised significant concerns about the ILUA provisions, questioning whether freehold title could be devalued and seeking assurances the changes would not enable freehold land grabs.
“Fee simple is not there to be interfered with at the whim of governments. Security of tenure, as the minister well knows, is the cornerstone of Queensland's tenure system and freehold is the most secure tenure title in that system.”— 2020-02-20View Hansard
Gave a brief historical perspective on position measurement from Magellan to GPS, supporting the bill's update to GDA2020.
“In all seriousness, 500 years ago Magellan sailed around the world thinking that he would fall off the edge, but he did not.”— 2020-02-20View Hansard
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Sectors Affected
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