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

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

Environment First Nations Business & Economy

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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

How this affects you

Environment

•Sand mining on North Stradbroke Island (Minjerribah) must substantially end by 2019 instead of 2035, protecting the island's ecosystems 16 years soonerClauses 5-10Amends the object of the Act to 2019 and removes provisions added in 2013 that allowed Enterprise Mine leases to be renewed to 2035.
•A restricted mine path is restored at the Enterprise Mine, so dredging and dry mining can only happen in specific mapped areasClause 13 (new s 17)Environmental authority EPML00575913 is taken to include statutory conditions limiting mining activities to the restricted mine path until 31 December 2019.
•Any change to the mine path must avoid threatened ecosystems and cannot significantly increase environmental or cultural heritage impactsClause 13 (new s 19)
•Former mine sites across Queensland can be accessed by their previous operator to complete rehabilitation, even after the mining lease has endedClause 27 (new s 344A(3))

First Nations

•The Quandamooka People regain non-exclusive native title rights over former mining lease areas on Minjerribah years earlier than plannedNative title rights currently suppressed while mining leases are in force; leases now end by 2019 rather than 2035.
•Changes to the Enterprise Mine path can only be approved if there is an Indigenous Land Use Agreement covering the landClause 13 (new s 19(2)(e))
•Any application to expand mining into new areas must include a cultural heritage study and cannot significantly increase impacts on Aboriginal cultural heritageClause 13 (new ss 18, 19)
•Native title holders can claim compensation directly from a company that enters their land for mine rehabilitation under the new authorisationClause 30 (new s 348)

Business & Economy

•The Enterprise Mine leases can no longer be renewed out to 2035, ending a long-term sand-mining business on the island by 2019Clause 10 (omits ss 11B-11J)
•The Yarraman mining lease (ML 1109) is cut short to end 12 months after commencement, with renewals only for site rehabilitationClause 6
•Mining companies whose leases end before clean-up is done can apply for a new authorisation to keep accessing the site for rehabilitationClause 27 (new s 344A(3))
•Mining safety laws continue to apply to former mine sites operating under the rehabilitation authorisation, clarifying worker safety dutiesClauses 18, 36

Bill Journey

Introduced3 Dec 2015

First Reading

Committee

Committee Report

Second Reading

In Detail

Third Reading

Royal Assent14 June 2016

Referenced Entities

Sectors Affected

Conservation Land Management Indigenous Affairs Coal Mining Mineral Mining

Classified using AGIFT/ANZSIC Australian government standards

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

Plain English Summary

Overview

Who it affects

Key changes

Bill Journey

Referenced Entities

Legislation

Organisations

Programs & Schemes

Places

Roles & Offices

Sectors Affected

Source Documents