State Development and Public Works Organisation and Other Legislation Amendment Bill 2015

Introduced: 15/7/2015By: Hon Dr A Lynham MPStatus: PASSED

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Plain English Summary

Overview

This bill restores the right of community members to formally object to mining projects' environmental authorities, even when the Coordinator-General has already set the conditions. It also clarifies that Land Court judges, registrars, lawyers and witnesses have full legal immunity when handling mining objection matters, fixing uncertainty caused by a recent Supreme Court decision.

Who it affects

Communities living near proposed mines regain the right to formally object to environmental approvals, while mining companies face the reinstated prospect of Land Court objections. Land Court members and participants get legal certainty about their protections.

Key changes

Repeals section 47D of the State Development and Public Works Organisation Act 1971, restoring community rights to object to environmental authorities for Coordinator-General assessed mines
Extends Land Court members' and participants' legal immunity to cover 'administrative' functions like mining lease recommendations, not just judicial work
Applies the new immunity protections retrospectively so past Land Court work is covered
Expands the Land Court's rule-making power to cover administrative functions and creates a one-year temporary regulation-making power for transition

How this affects you

Environment

•You can once again formally object to a mining project's environmental approval, even when the Coordinator-General has already set the conditionsClause 5Omits section 47D of the SDPWO Act, reinstating the previous objection rights available to submitters on an environmental authority application.
•The Land Court can still recommend additional or amended environmental conditions on mining projects, provided they don't conflict with Coordinator-General conditionsClause 5The Land Court will be able to recommend additional conditions, or recommend that additional conditions added by the administering authority under the EP Act be amended.
•Community groups like Lock the Gate, the Environmental Defenders Office and farming organisations regain a legal pathway to challenge mining approvalsExplanatory Notes - ConsultationThe Department of Natural Resources and Mines met with stakeholders including Lock the Gate, the Environmental Defenders Office, AgForce Queensland and the Queensland Farmers Federation on the changes.

Justice & Rights

•Land Court judges and registrars are protected from legal liability whether they are doing judicial work or administrative tasks like making mining lease recommendationsClause 9Amends section 35 to ensure privileges, protection and immunity for Land Court members extend to the exercise of all judicial powers and administrative functions.
•Lawyers, agents and witnesses appearing before the Land Court get the same immunity as if they were in the Supreme CourtClause 9The extension of the existing privileges, protection and immunity also applies to judicial registrars, a lawyer or agent appearing, or a witness attending before the court.
•These legal protections apply retrospectively to past Land Court work, resolving uncertainty from the BHP Mitsui Coal court decisionClause 10 (new s 96)Section 35 as amended applies to the exercise or performance of a judicial power or administrative function before commencement as if performed after commencement.
•A one-year temporary regulation power lets the government quickly adapt Land Court rules to mining and cultural heritage referral matters while permanent fixes are draftedClause 10 (new s 97)A transitional regulation may provide that provisions of the Act apply to Land Court functions under various statutes, and expires one year after commencement.

Bill Journey

Introduced15 July 2015

First Reading

Second Reading

Third Reading

Royal Assent22 July 2015

Sectors Affected

Civil Law Coal Mining Mineral Mining

Classified using AGIFT/ANZSIC Australian government standards

State Development and Public Works Organisation and Other Legislation Amendment Bill 2015

Plain English Summary

Overview

Who it affects

Key changes

Bill Journey

Referenced Entities

Legislation

Organisations

Roles & Offices

Sectors Affected

Source Documents