North Stradbroke Island Protection and Sustainability and Others Acts Amendment Bill 2015

Introduced: 3/12/2015By: Hon Dr S Miles MPStatus: PASSED with amendment
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Plain English Summary

Overview

This bill reverses 2013 changes that had extended sand mining on North Stradbroke Island (Minjerribah) out to 2035, restoring the original plan to end mining substantially by 2019. It also creates a new power for former mine operators across Queensland to re-enter land to finish rehabilitation after their mining leases expire.

Who it affects

The Quandamooka People regain access to their traditional land 16 years earlier; the sole mining operator (Sibelco Australia) must wind down Enterprise Mine by the end of 2019; and landholders near any former Queensland mine site may be entered by a previous operator for clean-up work, with compensation protections.

Key changes

  • Mineral extraction at the Enterprise Mine on North Stradbroke Island must stop by 31 December 2019 (not 2035)
  • The Yarraman mining lease (ML 1109) ends 12 months after the Act commences and can only be renewed for rehabilitation
  • A restricted mine path is restored at the Enterprise Mine, with changes only allowed if they don't harm threatened ecosystems or Aboriginal cultural heritage
  • Former mine operators can get a new authorisation to re-enter land to complete rehabilitation after their lease ends
  • Landholders and native title holders are entitled to compensation from the authorised entrant, with the Land Court able to decide disputes

Bill Story

The journey of this bill through Parliament, including debate and recorded votes.

Introduced3 Dec 2015View Hansard
First Reading3 Dec 2015View Hansard
Committee3 Dec 2015View Hansard

Referred to Finance and Administration Committee

Committee Report
Second Reading25 May 2016View Hansard
25 members spoke15 support10 oppose
7.40 pmHon. SJ MILESSupports

As Minister for Environment, moved the second reading and outlined the bill's three key features of substantially ending sandmining by 2019, reinstating a restricted mine path for Enterprise mine, and establishing a new rehabilitation authorisation, supported by a $28 million transition package.

The bill delivers certainty for the mining company, native title justice for the traditional owners and a clear path forward for the people of North Stradbroke Island in achieving the island's vision of becoming Australia's most desirable island community.2016-05-25View Hansard
7.57 pmMr KNUTHOpposes

Opposed the government's 2019 end date as going too far and threatening 100 mining jobs and the island's community viability.

Labor has gone too far with 2019. There are winners with this bill, but they are not big winners.2016-05-25View Hansard
8.09 pmMr CRIPPSOpposes

As LNP spokesperson, opposed the government's bill as destroying jobs and the local economy, driven by a preference deal with the Greens and creating sovereign risk through retrospective legislation affecting mining leases.

The LNP opposition does not support either of these bills and will oppose them ... This bill will put workers out of work. It will undermine the economic stability of the local community.2016-05-25View Hansard
8.41 pmHon. LM ENOCHSupports

As a Quandamooka woman and traditional owner, supported the bill as restoring native title justice and respecting the rights of the Quandamooka people who fought 16 years for their 2011 native title determination before the LNP legislated against it in 2013.

I am very proud to be part of a government that puts the rights of Aboriginal and Torres Strait Islander people in the place that it should be—in a respectful place, respecting the fact that we have lived here for more than 3,000 generations. I commend the government's bill to the House.2016-05-25View Hansard
8.50 pmMr CRANDONOpposes

As a committee member, opposed the bill citing the government's lack of consultation, withholding of cabinet-in-confidence information, inadequate $20 million transition strategy, and failure to consider the $1 billion plus economic impact identified by Deloitte Access Economics.

Members should say no to both of these bills. Protect what we have now. Vote for the transition strategy that has time on its side and that will protect and sustain North Stradbroke Island for the future generations.2016-05-25View Hansard
9.11 pmMr RUSSOSupports

As chair of the Finance and Administration Committee, supported the bill as restoring the 2011 act to its original intent and respecting 15 years of native title negotiations that the previous LNP government ignored in 2013.

This bill should be supported by parliament to give the North Stradbroke Island community the certainty they deserve. I commend this bill to the House.2016-05-25View Hansard
9.18 pmMr WEIROpposes

As a committee member, opposed the bill citing inadequate consultation, devastating economic impact estimated at $563-880 million over 16 years, lack of regulatory impact statement, and concerns about the workers assistance scheme.

The non-government members of the committee hold very real fears for the future of North Stradbroke Island should the 2019 end date be passed. We will be opposing both bills.2016-05-25View Hansard
9.33 pmMs FARMERSupports

As former chair of the committee, supported the bill as providing certainty and sustainability for the island while respecting native title, defending the committee process and public servants against LNP criticism.

I am supporting this bill because I believe that it provides a sustainable future for that island. I commend the bill to the House.2016-05-25View Hansard
9.39 pmDr ROBINSONOpposes

As local member for Cleveland, strongly opposed the bill as a job-destroying measure driven by a Greens preference deal, warning of a 'Struggle Street' future for the island community without an adequate transition period.

I rise to oppose Labor's job-destroying North Stradbroke Island bill, because Labor's bill does not allow sufficient time or resources for a proper transition from mining without causing mass job losses and community pain.2016-05-25View Hansard
9.52 pmHon. JA TRADSupports

As Deputy Premier, supported the government's bill and attacked the LNP for accepting a $92,000 donation from Sibelco to extend mining by 22 years, arguing only Labor can manage transitions to sustainable economies.

I am proud to be part of a government that is righting a wrong. You can trust only the Australian Labor Party to understand what it takes to move an economy on to a more sustainable footing.2016-05-25View Hansard
10.02 pmMr PERRETTOpposes

As a former committee member, opposed the bill citing false claims of an election commitment, inadequate consultation with workers, unions and businesses, withheld cabinet-in-confidence information, and severe economic impacts on the island community.

I do not support the premature end to sandmining on North Stradbroke Island and, therefore, I do not support these bills.2016-05-25View Hansard
10.22 pmMr CRAWFORDSupports

As a committee member, supported the government bill based on the 2011 native title determination being a binding moral and legal obligation that cannot be overridden, while recognising the difficult transition for workers.

I support the government bill. I do not support the bill introduced by the crossbench. I thank the Quandamooka people for their contribution to our inquiry.2016-05-25View Hansard
10.30 pmDr ROWANOpposes

Opposed the Labor bill as inadequate given the projected hundreds of job losses, inadequate transition strategy and three-year window being too short for the local economy to transition away from sandmining.

I oppose this bill.2016-05-25View Hansard
10.38 pmMr BROWNSupports

As local area member, supported the bill as restoring the 2019 date, citing native title, environmental reasons and Sibelco's $91,840 political donation that bought the 2013 extension to 2035.

Minjerribah needs certainty, the economy needs to transition, the environment needs to be protected and, most importantly, Indigenous rights need to be recognised in this process. The only way to achieve those competing policy objectives is to restore the 2019 time frame.2016-05-25View Hansard
10.47 pmMr McEACHANOpposes

Opposed the bill as premature closure that would cost hundreds of local jobs and criticised the Deputy Premier for locking locals out of union meetings on the island.

These bills are unnecessary. The LNP continues to support its 2013 position to extend sandmining on North Stradbroke Island to 2035. It gives a reasonable time frame for a proper economic transition ... I cannot support this bill.2016-05-25View Hansard
10.55 pmMs BOYDSupports

Supported the bill as restoring the 2011 legislation after the LNP's abnormal extension, arguing the native title argument was the most compelling as mining prevents Quandamooka people from accessing their traditional lands.

This legislation to draw down sandmining in line with its original intent, with a transition package for the workforce and the population, working with traditional owners for a sustainable environment and economic future, is the responsible way to approach this complicated matter. As such, I commend the bill to the House.2016-05-25View Hansard
11.00 pmMr POWERSupports

Supported the bill as rightly transitioning away from sandmining in recognition of the Quandamooka people's wishes and native title rights, recognising the challenges while valuing the government's transition support.

The Queensland government is committed to an economic transition—a transition to a sustainable economy that inevitably does not include the sandmining that all in this place accept must cease ... I commend the bill to the House.2016-05-25View Hansard
11.06 pmMiss BARTONOpposes

Opposed the government bill as a job-destroying measure driven by Greens preferences, criticising Labor for abandoning AWU-affiliated workers and ignoring Indigenous workers at the mine who want continued employment.

The best way we can describe this bill is that it is a job-destroying bill because that is exactly what it does ... It is about closing the gap, not the mine. I oppose these bills.2016-05-25View Hansard
11.17 pmHon. MC de BRENNISupports

As Minister for Housing and Public Works, supported the bill as conservation, just transition for workers and native title justice, highlighting the conservation tourism and surfing potential of the island.

Through this bill and the hard work of the minister and members on this side, North Stradbroke Island will not only thrive but also its transition will be a model for other communities facing change across the state and around the world. I commend the government bill to the House.2016-05-25View Hansard
11.23 pmMr PYNESupports

As an Independent, supported the government bill as righting an historical wrong and recognising native title, arguing the need to transition to green jobs for the future.

For me, tonight is about righting an historical wrong, and I for one embrace this opportunity ... I commend the bill to the House.2016-05-25View Hansard
11.29 pmHon. AJ LYNHAMSupports

As Minister for State Development and Natural Resources and Mines, supported the government bill as providing sustainable future for the island and opposed the private member's bill, highlighting the $20 million economic transition strategy.

Passage of this bill will ensure we have more time to devote to the transition of the island's economy. It will also ensure that the former mine sites are rehabilitated adequately.2016-05-25View Hansard
11.34 pmMr KATTEROpposes

Opposed the government's 2019 date as threatening 100 precious mining jobs that are critical to a small community's economy.

That is not to discount the native title issues and environmental issues that have been raised. I think they are very important, but on balance they do not outweigh the imperative to give people the benefit of a livelihood and meaningful work.2016-05-25View Hansard
11.43 pmHon. KJ JONESSupports

As Minister for Tourism and the 2011 environment minister, supported the bill as delivering on consultation with the traditional owners and creating new tourism opportunities on the island that have been locked up by mining.

I make this pledge here tonight that as the Minister for Tourism in this state I will work closely with the Quandamooka people and I will work closely with industry to ensure that tourism thrives on this island.2016-05-25View Hansard
11.49 pmMr GORDONSupports

As an Independent representing Cape York, supported the bill after extensive consultation with all sides, ultimately grounded in the Mabo legacy and native title rights of the Quandamooka people.

The Quandamooka people have bled long enough. They have cried long enough. Their wait is now over. Today, the Quandamooka people will no longer be beggars at the gates of their own kingdom. Rather, they will be masters of their own dreaming. I commend this bill to the House.2016-05-25View Hansard
11.57 pmHon. MC BAILEYSupports

As Minister for Main Roads, Road Safety and Ports and Energy, Biofuels and Water Supply, supported the bill as reinstating the 2011 Labor legislation and Labor values of environmental protection, opposing the Newman government's extension as punitive and linked to Sibelco donations.

Labor says 67 years of mining on this unique environmental jewel is enough. Labor says the environmental values of this unique part of the world should not be further destroyed for another 16 years.2016-05-25View Hansard
In Detail25 May 2016View Hansard
Opposition amendmentDefeated

Amendment to clause 5 to change the end date for sandmining from 2019 to 2024, reflecting the KAP private member's bill position.

Moved by Mr KNUTH
Government amendmentPassed

Government amendment to clause 6 to end mining lease ML 1109 (Yarraman) on commencement rather than 12 months later, with the new rehabilitation authorisation taking effect immediately.

Moved by Dr MILES
Government amendmentPassed

Government amendment to clause 13 to require identification of biodiversity status of threatened ecosystems when considering amendments to the restricted mine path.

Moved by Dr MILES
Opposition amendmentDefeated

Amendment to clause 13 to change the end date reference from 2019 to 2024.

Moved by Mr KNUTH
Government amendmentPassed

Government amendments to clause 13 extending the time for the mining operator to apply for an amendment to the restricted mine path from 4 to 6 months, and clarifying the parties and subject matter of the Indigenous Land Use Agreement.

Moved by Dr MILES
Government amendmentPassed

Government amendment to insert new clause 13A adding transitional provisions heading for Part 4.

Moved by Dr MILES
Government amendmentPassed

Government amendments to clauses 14 to 17 en bloc dealing with the replacement of sections 23 and 24, authority to enter land for the holder of environmental authority EPML00575913, and obligations to consult with registered native title body corporate before giving health and safety notices.

Moved by Dr MILES
Government amendmentPassed

Government amendment to clause 18 of the Coal Mining Safety and Health Act 1999 to ensure the act applies to places with an authorisation to enter land under section 344A(3) of the Mineral Resources Act.

Moved by Dr MILES
Government amendmentPassed

Government amendments to clauses 19 to 35 en bloc including clarifying that environmental authorities continue despite resource tenure expiry, amending definitions and rehabilitation activity provisions in the Mineral Resources Act.

Moved by Dr MILES
Government amendmentPassed

Government amendment to clause 36 of the Mining and Quarrying Safety and Health Act 1999 mirroring clause 18, ensuring safety legislation applies to places with rehabilitation authorisations.

Moved by Dr MILES
Government amendmentPassed

Government amendment to insert new clause 36A amending section 21 (Meaning of operator) of the Mining and Quarrying Safety and Health Act.

Moved by Dr MILES
Third Reading
Royal Assent14 June 2016

Sectors Affected

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