Strong and Sustainable Resource Communities Bill 2016

Introduced: 8/11/2016By: Hon Dr A Lynham MPStatus: PASSED with amendment

Work & Employment Environment Regional Queensland

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Plain English Summary

This is an omnibus bill covering multiple policy areas.

Overview

This bill requires large mining and gas projects in Queensland to share the benefits with the regional towns near them. It bans future projects from staffing their entire operational workforce as fly-in fly-out (FIFO), makes it illegal to discriminate against local residents when hiring, and requires every project to do a social impact assessment. It also permanently bans underground coal gasification (UCG), a controversial gas-extraction method.

Who it affects

Residents of regional mining towns gain new job protections; mining and gas companies and their contractors face new hiring, recruitment-advertising and social impact rules; and UCG licence holders lose the ability to carry out gasification activities.

Jobs for regional communities

Large resource projects near a town of 200 or more people within 100 km cannot run a 100% FIFO operational workforce and cannot discriminate against locals during recruitment or sack a worker for moving into town.

Future large mining and gas projects can't run 100% fly-in fly-out operational workforces where a regional town of 200+ people sits within 100 km
Job ads that lock out local residents become an offence, with a maximum penalty of 400 penalty units (multiplied by five for companies)
Project owners and principal contractors can be jointly sued for discriminating against local job applicants in the Anti-Discrimination Commission
Workers can't be sacked for moving out of a FIFO camp into a nearby town and driving to work

Social impact assessments

Every large resource project must prepare a social impact assessment as part of its environmental impact statement, covering community engagement, workforce, housing, local procurement and community wellbeing. The Coordinator-General can set enforceable social conditions on the project.

Mandatory social impact assessment for every large resource project's EIS
Local councils must be consulted when the SIA is prepared
Coordinator-General gets new powers to set enforceable social conditions on projects approved under the Environmental Protection Act 1994
Land Court and Planning and Environment Court can't review these social conditions

Ban on underground coal gasification

The Mineral Resources Act 1989 is amended to prohibit all UCG and in situ oil shale gasification activities in Queensland. Existing licence holders can only carry out rehabilitation, and the Minister can waive rent and reporting obligations for rehabilitation-only licences.

Permanent ban on underground coal gasification (mineral (f) activity) in Queensland
No new UCG mining leases or licences can be granted
Existing licence holders can still do environmental rehabilitation, monitoring and decommissioning
The Minister can waive rent and other obligations for rehabilitation-only licences

How this affects you

Work & Employment

•If you live in a regional mining town, resource companies can no longer staff a whole project entirely with fly-in fly-out workers, improving your chances of getting work locallyClause 6The owner must not employ a workforce for the operational phase of the project that comprises 100% of workers who are fly-in fly-out workers.
•Job ads that lock out local residents from applying for large resource project jobs become an offence carrying a maximum penalty of 400 penalty units (multiplied by five for companies)Clause 8The owner must not advertise positions for workers for the project in a way that prohibits residents of the nearby regional community from applying. Maximum penalty 400 penalty units.
•You can challenge discriminatory hiring at a large resource project through the Anti-Discrimination Commission, with the company having to prove they didn't discriminateClause 19 (new s131F)It is presumed the action was taken for the alleged reason, unless the respondent proves otherwise.
•If you choose to move out of a FIFO camp and into a nearby town and drive to work, your employer can't sack you for itClause 19 (new s131C(2)(b))The owner must not discriminate against a worker by terminating the worker's employment because the worker is, or becomes, a resident of the nearby regional community.

Environment

•Underground coal gasification - a method of burning coal underground to produce gas - is permanently banned in QueenslandClause 29 (new s334ZJD)The Minister must not renew a mineral (f) development licence, grant a mining lease for mineral (f), or approve an application to add or mine mineral (f).
•Existing UCG licence holders can still carry out environmental rehabilitation, monitoring and decommissioning of wellsClause 29 (new s334ZJE)Rehabilitation activities include environmental management, monitoring air, ecology, fauna, hydrology, soil or water, and decommissioning activities.
•Every large resource project must assess and manage its impacts on housing, community wellbeing and local services, not just environmental harmClause 9The social impact assessment must provide for community and stakeholder engagement, workforce management, housing and accommodation, local business and industry procurement, and health and community well-being.
•The Coordinator-General can set enforceable social conditions on projects approved under the Environmental Protection Act 1994, closing a gap that previously allowed such conditions only under the SDPWO ActClause 11

Regional Queensland

•Your council must be consulted when a large mining or gas project prepares its social impact assessmentClause 9(5)The owner or proponent must consult with the local government for the local government area in which the large resource project is situated.
•Regional towns of 200+ people within 100 km of a large resource project are now explicitly protected from losing job opportunities to 100% FIFO rostersClause 6 and Schedule 1Nearby regional community means a town with a population of more than 200 people within a 100km radius of the project entrance.
•The Coordinator-General must publish a list of each protected regional community and the large resource project they're linked to, so locals and recruiters know the rules applyClause 13
•Existing large projects approved since 30 June 2009 are covered by the anti-discrimination rules, so the reforms reach projects already operating in regional QueenslandClause 8 and Clause 19 (new s131C)

Bill Journey

Introduced8 Nov 2016

First Reading

Committee

Committee Report7 Mar 2017

Committee report tabled

Second Reading

In Detail

Third Reading

Royal Assent31 Aug 2017

Referenced Entities

Sectors Affected

Land Management Coal Mining Mineral Mining Petroleum and Gas

Classified using AGIFT/ANZSIC Australian government standards

Strong and Sustainable Resource Communities Bill 2016

Plain English Summary

Overview

Who it affects

Jobs for regional communities

Social impact assessments

Ban on underground coal gasification

Bill Journey

Referenced Entities

Legislation

Organisations

Programs & Schemes

Roles & Offices

Sectors Affected

Source Documents