3 Act amended

This part amends the Aboriginal and Torres Strait Islander Land Holding Act 2013.

4 Amendment of s 35 (Minister may grant lease)

Section 35 (1) (b) (ii) —

omit, insert—

(ii) if the holder is deceased, an interested person in the estate of the deceased holder; and

5 Insertion of new pt 8, div 3

Part 8 —

insert—

6 Amendment of s 91 (Review of Act)

Section 91 (1), ‘5’—

omit, insert—

10

7 Amendment of pt 11, hdg (Repeal and transitional provisions)

Part 11, heading, after ‘transitional provisions’—

insert—

for Act No. 2 of 2013

8 Insertion of new pt 12

After part 11 —

insert—

96 Application of former s 69A to particular leases

(1) This section applies on and from 1 July 2022 in relation to a 1985 Act granted lease or a new Act granted lease if—

(a) before the expiry of former part 8, division 3, the holder of the lease died intestate; and

(b) the circumstances mentioned in former section 69A(1)(b) to (e) apply in relation to the deceased holder or the entitled successor; and

(c) before the expiry of former part 8, division 3, the vesting of the relevant interest in the entitled successor had not been recorded under former section 69A(2).

(2) For subsection (1)(b), it does not matter whether the JLOMA section 60 certificate under which the vesting of the relevant interest is sought was signed by the chief executive before or after the expiry of former part 8, division 3.

(3) Former section 69A(2) to (4) continues to apply in relation to the vesting of the relevant interest as if the section had not expired.

(4) In this section—

"entitled successor" has the meaning given under former section 69A(1)(d).

"former", in relation to a provision of this Act, means as in force immediately before the expiry of the provision.

"holder", of a new Act granted lease, includes a person to whom a new Act granted lease is granted after the person’s death. Note—See section 35(1)(b)(i).

"relevant interest" has the meaning given under former section 69A(1)(d)(ii).

9 Act amended

This part amends the Aboriginal Land Act 1991.

10 Amendment of s 10 (Lands that are transferable lands)

(1) Section 10 (1) —insert—

(c) available State land the Minister declares to be transferable land;

(2) Section 10 (1) (e) —omit.

11 Amendment of s 12 (Aboriginal reserve land)

Section 12 (1), ‘the land is declared by regulation’—

omit, insert—

the Minister declares the land

12 Amendment of s 15 (Definition for div 4)

Section 15, definition
"relevant land", paragraph (b), ‘under a regulation’—

omit, insert—

by the Minister

13 Amendment of s 27 (Tidal land)

Section 27 (1) —

omit, insert—

(1) Available State land includes tidal land only if the Minister declares the particular tidal land to be available State land.

14 Amendment of s 28 (Meaning of city or town land)

Section 28 (2) and (3) —

omit, insert—

(2) The Minister may declare a change to the boundaries of a city or town.

(3) A declaration under subsection (2) has effect only for this Act.

15 Amendment of s 42 (Minister to act as soon as possible)

Section 42 (2), ‘10(1)(e)’—

omit, insert—

10(1)(c)

16 Amendment of s 55 (Reservations of forest products and quarry material etc.)

(1) Section 55 (1), ‘it is declared by regulation’—omit, insert—the Minister declares

(2) Section 55 (2), ‘a regulation’—omit, insert—the Minister

(3) Section 55 (3), ‘a regulation is made’—omit, insert—the Minister makes a declaration

17 Amendment of s 82 (Reservations of forest products and quarry material etc.)

(1) Section 82 (1), ‘it is declared by regulation’—omit, insert—the Minister declares

(2) Section 82 (4), ‘a regulation’—omit, insert—the Minister

(3) Section 82 (5), ‘a regulation is made’—omit, insert—the Minister makes a declaration

18 Insertion of new s 249A

After section 249 —

insert—

249A Name of land trust The name of a land trust must include the words ‘Land Trust’ as the last 2 words.

19 Amendment of s 258 (Particular information to be recorded in register)

Section 258 (2), ‘prescribed under a regulation’—

omit, insert—

declared by the Minister

20 Insertion of new s 289

After section 288 —

insert—

289 Register of particular declarations

(1) The chief executive must keep a register of declarations made by the Minister under the following sections—

(a) section 10(1)(c);

(b) section 12(1);

(c) section 27(1);

(d) section 28(2);

(e) section 55(1) or (2);

(f) section 82(1) or (4);

(g) section 258(2).

(2) The register may be kept in a way the chief executive considers appropriate, including, for example, in electronic form.

(3) The chief executive must make the information contained in the register publicly available on the department’s website free of charge.

21 Insertion of new ss 298 and 298A

After section 297 —

insert—

298 Former Aurukun Shire lease land continues to be transferable land

(1) This section applies to former Aurukun Shire lease land that, immediately before the commencement of the amending Act, schedule 1, part 2, had not been transferred.

(2) Despite the repeal of previous section 10(1)(c), the land continues to be, and from the commencement of the amending Act, schedule 1, part 2, continued to be, transferable land subject to section 10(2) or (3).

(3) In this section—

"amending Act" means the Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other Legislation Amendment Act 2014.

"former Aurukun Shire lease land" means land that was, immediately before the commencement of the amending Act, schedule 1, part 2, Aurukun Shire lease land under previous section 13.

"previous", in relation to a provision, means as in force immediately before the commencement of the amending Act, schedule 1, part 2.

298A Validation of creation of particular interests in transferable land

(1) This section applies to the creation of an interest in transferable land mentioned in section 298(2) if—

(a) the interest was created before the commencement; and

(b) the Minister’s consent to the creation of the interest was not requested under section 282(1)(e).

(2) It is declared that the creation of the interest is taken to be, and to have always been, as valid as it would have been if the Minister had consented to the creation of the interest under section 282(1)(e).

22 Insertion of new pt 25, div 6

Part 25 —

insert—

23 Regulation amended

This part amends the Aboriginal Land Regulation 2011.

24 Amendment of s 3 (Definitions)

Section 3, ‘ schedule 5 ’—

omit, insert—

schedule 3

25 Omission of pt 6 (Declarations)

Part 6 —

omit.

26 Renumbering of pt 6A (Protected areas in Cape York Peninsula Region)

Part 6A —

renumber as part 6.

27 Amendment of s 48A (Prescribed protected areas—Act, s 173)

Section 48A, ‘ schedule 4A ’—

omit, insert—

schedule 1

28 Insertion of new s 48AA

Before section 49 —

insert—

48AA Available State land that is claimable land—Act, s 23 For section 23(1)(a) of the Act, the available State land described in schedule 2 is declared to be claimable land.

29 Amendment of s 49 (References to plans)

Section 49, ‘to 4A’—

omit, insert—

and 2

30 Omission of s 50A (Change to boundaries of particular city—Act, s 28)

Section 50A —

omit.

31 Omission of schs 1 and 2

Schedules 1 and 2 —

omit.

32 Amendment of sch 3 (Available State land that is claimable land)

Schedule 3, authorising provision, ‘ section 47 ’—

omit, insert—

section 48AA

33 Omission of sch 4 (Aboriginal reserve land)

Schedule 4 —

omit.

34 Relocation and renumbering of sch 4A (Prescribed protected areas)

Schedule 4A —

relocate and renumber as schedule 1.

35 Renumbering of schs 3 and 5

Schedules 3 and 5 —

renumber as schedules 2 and 3.

36 Act amended

This part amends the Foreign Ownership of Land Register Act 1988.

37 Omission of s 16 (Annual report)

Section 16 —

omit.

38 Act amended

This part amends the Land Act 1994.

39 Amendment of s 16 (Deciding appropriate tenure)

(1) Section 16 (2) to (4) —omit, insert—

(2) When conducting the evaluation, the chief executive must—

(a) take account of State, regional and local planning strategies and policies and the object of this Act; and

(b) take account of commitments of, and undertakings given by, the State in relation to the land; and

(c) to the extent the land is in a priority development area—take account of, and give primary consideration to, any relevant development instrument under the Economic Development Act 2012 that applies to the land; and

(d) to the extent the land is Cape York agreement land—take account of commitments and undertakings given by a person under, or arising from, a Cape York agreement that have effect in relation to tenure.

(3) The chief executive may comply with subsection (1) by using, as the evaluation, an earlier assessment of the most appropriate tenure and use for the land if—

(a) the assessment was conducted by or for the State; and

(b) the chief executive is satisfied the assessment takes account of the matters mentioned in subsection (2).

(2) Section 16 (5) and (6) —renumber as section 16 (4) and (5).

40 Amendment of s 100 (Public notice of closure)

Section 100 (5), definitions
"appropriate enquiries" and
"appropriate public notice" —

omit, insert—

"appropriate enquiries", in relation to a road closure application, includes giving notice of the proposed road closure to each registered owner and lessee of the following land—

(a) for a road closure application to close an entire road—land that wholly or partly adjoins the road;

(b) for a road closure application to close only part of a road—

(i) land that wholly or partly adjoins the part; or

(ii) land that adjoins land mentioned in subparagraph (i) and the road;

(c) land, other than land mentioned in paragraph (a) or (b), that has a dedicated access that may be affected by the proposed road closure.

"appropriate public notice", of a road closure application, includes—

(a) placing and keeping a notice in a conspicuous place on or near—

(i) for a road closure application to close an entire road—the road; or

(ii) for a road closure application to close only part of a road—the part; or

(b) another method of notifying the public the Minister reasonably considers appropriate.

41 Replacement of ch 6, pt 4, div 3A (Mediation for disputes about terms of particular subleases)

Chapter 6, part 4, division 3A —

omit, insert—

42 Amendment of s 375 (Document of transfer to trustee)

Section 375 (1) (b) —

omit, insert—

(b) either of the following is deposited with the transfer—

(i) a document, in the form required by the chief executive, stating details of the trust;

(ii) a certified copy of a document creating the trust.

43 Amendment of s 393 (Delegation by chief executive)

Section 393 (4A) —

omit.

44 Amendment of s 394 (Committees)

Section 394 (1), ‘must’—

omit, insert—

may

45 Insertion of new ch 7, pt 3C

Chapter 7 —

insert—

46 Amendment of s 434B (Availability of short-term extension in particular circumstances)

Section 434B (3), ‘ subsection (1) ’—

omit, insert—

subsection (2)

47 Insertion of new ch 9, pt 4

Chapter 9 —

insert—

48 Amendment of sch 6 (Dictionary)

(1) Schedule 6, definition
"authorised person" —omit.

(2) Schedule 6 —insert—

"adjacent land", in relation to relevant land, for chapter 7, part 3C, see section 431ZA.

"authorised activity", for chapter 7, part 3C, see section 431ZA.

"dispute notice", for chapter 6, part 4, division 3A, see section 339F(1).

"interested person", for chapter 7, part 3C, see section 431ZG(1)(b).

"notifier", for chapter 6, part 4, division 3A, see section 339F(1).

"occupier", of a place, for chapter 7, part 3C, includes the following persons—

(a) if there is more than 1 person who apparently occupies the place—any 1 of the persons;

(b) any person at the place who is apparently acting with the authority of a person who apparently occupies the place;

(c) if no-one apparently occupies the place—

(i) for a place that is non-freehold land—the lessee, licensee, permittee or trustee of the land; or

(ii) for a place that is freehold land—any person who is a registered owner of the place.

"of", a place, includes at or on the place.

"prescribed dispute resolution entity", for chapter 6, part 4, division 3A, see section 339A.

"related subleases", for chapter 6, part 4, division 3A, see section 339A.

"related sublessee", for chapter 6, part 4, division 3A, see section 339A.

"relevant land", for chapter 7, part 3C, see section 431ZA.

"relevant person", in relation to relevant land, for chapter 7, part 3C, see section 431ZA.

"remedial action", in relation to land or a thing that has suffered damage, means—

(a) action to return the land or thing to the condition it was in before the damage; or

(b) other appropriate action performed on the land or thing that is of the same, or a similar, value to the action mentioned in paragraph (a).

"responder", for chapter 6, part 4, division 3A, see section 339F(1).

"response", for chapter 6, part 4, division 3A, see section 339G(1).

49 Act amended

This part amends the Land and Other Legislation Amendment Act 2017.

50 Omission of ss 25–30

Sections 25 to 30 —

omit.

51 Amendment of sch 1 (Other amendments)

Schedule 1, part 2, amendments 1 to 7 and 9 to 11—

omit.

52 Regulation amended

This part amends the Land Regulation 2009.

53 Insertion of new pt 5A

After section 47 —

insert—

54 Amendment of sch 11 (Fees)

Schedule 11, item 2(p)—

omit.

55 Act amended

This part amends the Land Title Act 1994.

56 Amendment of s 94 (Meaning of high-density development easement)

Section 94 (4), definition
"small", ‘300m2’—

omit, insert—

450m2

57 Amendment of s 110 (Instrument of transfer to trustee)

Section 110 (3) —

omit, insert—

(3) A document, in the form required by the registrar, stating details of the trust, or a certified copy of a document creating the trust, must be deposited with the instrument of transfer.

58 Amendment of s 140 (Effect of priority notice)

(1) Section 140 (2) —insert—

(ca) a related instrument that is lodged in the order stated in the notice; or

(2) Section 140 (2) (ca) to (e) —renumber as section 140 (2) (d) to (f).

(3) Section 140 —insert—

(3) Also, the priority notice (the
"current notice") does not prevent the registration of an instrument to which another priority notice for the lot (the
"earlier notice") relates if—

(a) the earlier notice was deposited before the current notice; and

(b) the earlier notice has not lapsed or been withdrawn, removed or cancelled.

59 Amendment of s 142 (Lapsing of priority notice)

Section 142 (b), ‘lodged’—

omit, insert—

registered

60 Amendment of s 148 (Priority of instruments)

Section 148 (1), ‘lodgment’—

omit, insert—

lodgement

61 Insertion of new pt 12, div 8

Part 12 —

insert—

62 Act amended

This part amends the Land Valuation Act 2010.

63 Amendment of s 18 (What is a bona fide sale)

Section 18 (3) —

insert—

(c) the terms and conditions of the sale are reasonable having regard to the matters mentioned in subsection (2)(a) and (b);

64 Amendment of s 53 (Valuer-general’s power)

Section 53 (2) (a) —

omit, insert—

(a) it is possible to lawfully subdivide the stated part from the rest of the lot; and

65 Amendment of ch 10, hdg (Repeal, savings and transitional provisions)

Chapter 10, heading, after ‘transitional provisions’—

insert—

for Act No. 39 of 2010

66 Amendment of s 268 (Operation and application of pt 3)

Section 268 —

insert—

67 Insertion of new ch 11

After chapter 10 —

insert—

68 Amendment of schedule (Dictionary)

Schedule, definition
"lot" —

insert—

(g) land in the area of a mining lease, geothermal lease, GHG lease or petroleum lease.

69 Act amended

This part amends the Surveyors Act 2003.

70 Amendment of s 5 (Mutual recognition legislation not affected)

Section 5, ‘ Trans-Tasman Mutual Recognition (Queensland) Act 1999 ’—

omit, insert—

Trans-Tasman Mutual Recognition (Queensland) Act 2003

71 Amendment of s 12 (Membership of board)

Section 12 (1) to (3) —

omit, insert—

(1) The board must consist of 9 individuals.

(2) Subject to subsection (1), a regulation may require the board to consist of individuals with particular qualifications or experience or who hold a particular type of position.

(3) The members must be appointed by the Governor in Council.

72 Amendment of s 19 (Vacation of office)

(1) Section 19 (1) (e) to (g) —omit, insert—

(e) was appointed because the member had particular qualifications or experience, or held a particular type of position, and the member stops having the qualifications or experience or holding a position of that type.

(2) Section 19 —insert—

(1A) Subsection (1)(e) does not apply if, despite the member no longer having the qualifications or experience or holding a position of that type, the membership of the board still complies with section 12(2).

(3) Section 19 (1A) and (2) —renumber as section 19 (2) and (3).

73 Amendment of s 21 (Casual vacancy in member’s office)

Section 21 (3) and (4) —

omit, insert—

(3) If the vacating member had particular qualifications or experience, or held a particular type of position, required under section 12(2), the new member must have the same qualifications or experience or hold a position of the same type.

74 Amendment of s 22 (Leave of absence for a member)

Section 22 (3) —

omit, insert—

(3) If the member has particular qualifications or experience, or holds a particular type of position, required under section 12(2), the person appointed must have the same qualifications or experience or hold a position of the same type.

75 Replacement of s 27 (Quorum)

Section 27 —

omit, insert—

27 Quorum A quorum for the board is a majority of the members at the time the meeting is held.

76 Replacement of ss 75 and 76

Sections 75 and 76 —

omit, insert—

75 Carrying out cadastral surveys

(1) A person who is not a registrant must not carry out a cadastral survey. Maximum penalty—100 penalty units.

(2) A person who is a registrant must not carry out a cadastral survey if the person is not a cadastral surveyor. Maximum penalty—100 penalty units.

(3) However, a person does not commit an offence against subsection (2) if—

(a) the person carries out the cadastral survey under the supervision of a cadastral surveyor; and

(b) the level of supervision by the cadastral surveyor complies with a guideline mentioned in section 188A(2)(a).

(4) In this section—

"registrant" does not include an emeritus surveyor.

76 Carrying on a business providing cadastral surveying services

(1) A person who is not a consulting cadastral surveyor must not carry on a business providing services relating to carrying out cadastral surveys. Maximum penalty—50 penalty units.

(2) A person who is not a consulting cadastral surveyor must not charge a fee for carrying out a cadastral survey. Maximum penalty—50 penalty units.

77 Amendment of s 130 (Appointment)

(1) Section 130 (1) —omit, insert—

(1) The board may appoint an appropriately qualified person as an investigator.

(1A) However, the board may not appoint a member as an investigator.

(2) Section 130 (1A) and (2) —renumber as section 130 (2) and (3).

78 Amendment of s 144 (General powers after entering places)

(1) Section 144 (3) (d), before ‘carry’—insert—if the investigator is a surveyor—

(2) Section 144 (3) (e), before ‘place’—insert—if the investigator is a surveyor—

79 Insertion of new s 188B

After section 188A —

insert—

188B Board may delegate functions to board members

(1) The board may delegate a function of the board to—

(a) an appropriately qualified member; or

(b) an appropriately qualified employee of the board.

(2) However, subsection (1) does not apply in relation to the following functions—

(a) the establishment of a competency framework;

(b) the accreditation of an entity for assessing the competency of persons under the competency frameworks;

(c) deciding an application for registration as a surveyor, or registration endorsement, other than an application to which the Mutual Recognition (Queensland) Act 1992 or the Trans-Tasman Mutual Recognition (Queensland) Act 2003 applies;

(d) deciding to monitor a registrant’s compliance with disciplinary conditions of registration;

(e) authorising an investigation;

(f) deciding to take disciplinary proceedings against a registrant;

(g) deciding to refer a disciplinary matter, for hearing, to a professional conduct review panel or QCAT.

(3) In this section—

"function" includes a power.

80 Insertion of new s 190A

After section 190 —

insert—

190A Particular searches free of charge

(1) This section applies to each of the following persons—

(a) the board;

(b) a member;

(c) an employee of the board;

(d) an investigator;

(e) a person acting under the direction or authority of an investigator.

(2) The person may conduct a search of the following without payment of a fee—

(a) a register under the Land Act 1994, section 275 or the Land Title Act 1994, section 7;

(b) a valuation roll under the Land Valuation Act 2010;

(c) a State dataset under the Survey and Mapping Infrastructure Act 2003.

(3) However, the search must be conducted—

(a) for the purpose of administering this Act; and

(b) in accordance with the practice of the entity that holds the register, valuation roll or State dataset.

(4) In this section—

"search", of a register, valuation roll or State dataset, includes obtaining information from the register, valuation roll or State dataset.

81 Insertion of new pt 14

After part 13 —

insert—

82 Amendment of sch 3 (Dictionary)

(1) Schedule 3, definition
"first composition" —omit.

(2) Schedule 3 —insert—

"cadastral survey" —

(a) means a survey to identify a boundary of a particular area of land; but Examples—

• a survey carried out to prepare a survey plan, that reinstates a boundary of an area of land, for lodgement in the land registry

• a survey that works out the location of a boundary of an area of land that does not have, or has incomplete, survey marks

• the placing of a mark to represent the location of a boundary of an area of land

(b) does not include the depiction on a plan of the approximate location of a boundary if the plan states the location of the boundary is approximate.

"consulting cadastral surveyor" means a consulting surveyor who is a cadastral surveyor.

"survey" includes—

(a) a survey of artificial features on, above or below the earth’s surface; and

(b) recording a survey mentioned in paragraph (a) on a plan.

(3) Schedule 3, definition
"investigator", ‘surveyor’—omit, insert—person

83 Regulation amended

This part amends the Surveyors Regulation 2014.

84 Insertion of new s 1A

After section 1 —

insert—

1A Qualifications and experience of board members—Act, s 12

(1) This section states, for section 12(2) of the Act, the qualifications and experience particular members must have.

(2) The board must consist of—

(a) 3 cadastral surveyors; and

(b) 1 other cadastral surveyor employed in the department; and

(c) 1 surveyor with a mining registration endorsement; and

(d) 1 surveyor directly involved in teaching surveying; and

(e) 1 other surveyor; and

(f) 2 other individuals who represent the interests of the community generally in the conduct and practice of the profession.

(3) A surveyor may be appointed as a member only if—

(a) the surveyor has been registered as a surveyor for periods totalling at least 5 years; and

(b) for a surveyor mentioned in subsection (2)(a), (b) or (c)—the surveyor has held the registration endorsement mentioned in that subsection for periods totalling at least 5 years.

(4) In this section—

"mining registration endorsement" means any of the following registration endorsements—

(a) mining open cut (O);

(b) mining underground coal (UC);

(c) mining underground metalliferous (Mining UM).

85 Act amended

This part amends the Torres Strait Islander Land Act 1991.

86 Amendment of s 9 (Lands that are transferable lands)

Section 9 (1) (c) —

omit, insert—

(c) available State land the Minister declares to be transferable land.

87 Amendment of s 11 (Torres Strait Islander reserve land)

Section 11 (1), ‘the land is declared by regulation’—

omit, insert—

the Minister declares the land

88 Amendment of s 12 (Definition for div 4)

Section 12, definition
"relevant land", paragraph (b), ‘under a regulation’—

omit, insert—

by the Minister

89 Amendment of s 22 (Tidal land)

Section 22 (1) —

omit, insert—

(1) Available State land includes tidal land only if the Minister declares the particular tidal land to be available State land.

90 Amendment of s 23 (Meaning of city or town land)

Section 23 (2) and (3) —

omit, insert—

(2) The Minister may declare a change to the boundaries of a city or town.

(3) A declaration under subsection (2) has effect only for this Act.

91 Amendment of s 28ZI (Cancellation of deeds of grant in trust, reserves etc.)

(1) Section 28ZI (1) (a) (iv) —omit.

(2) Section 28ZI (1) (a) (v) —renumber as section 28ZI (1) (a) (iv).

92 Amendment of s 41 (Existing interests)

Section 41 (3), ‘, section 42 ’—

omit.

93 Omission of s 42 (Interests to be endorsed on deed)

Section 42 —

omit.

94 Amendment of s 50 (Reservations of forest products and quarry material etc.)

(1) Section 50 (1), ‘it is declared by regulation’—omit, insert—the Minister declares

(2) Section 50 (2), ‘a regulation’—omit, insert—the Minister

(3) Section 50 (3), ‘a regulation is made’—omit, insert—the Minister makes a declaration

95 Insertion of new s 155A

After section 155 —

insert—

155A Name of land trust The name of a land trust must include the words ‘Land Trust’ as the last 2 words.

96 Amendment of s 164 (Particular information to be recorded in register)

Section 164 (2), ‘prescribed under a regulation’—

omit, insert—

declared by the Minister

97 Insertion of new s 193

After section 192 —

insert—

193 Register of particular declarations

(1) The chief executive must keep a register of declarations made by the Minister under the following sections—

(a) section 9(1)(c);

(b) section 11(1);

(c) section 22(1);

(d) section 23(2);

(e) section 50(1) or (2);

(f) section 164(2).

(2) The register may be kept in a way the chief executive considers appropriate, including, for example, in electronic form.

(3) The chief executive must make the information contained in the register publicly available on the department’s website free of charge.

98 Insertion of new pt 19, div 5

Part 19 —

insert—

99 Regulation amended

This part amends the Torres Strait Islander Land Regulation 2011.

100 Omission of pt 4A (Declaration)

Part 4A —

omit.

101 Act amended

This part amends the Valuers Registration Act 1992.

102 Amendment of s 8 (Panel of nominees)

(1) Section 8 (2) —omit.

(2) Section 8 (3) —renumber as section 8 (2).

103 Act amended

This part amends the Land Act 1994.

104 Amendment of s 23A (Floating reservation on plan of subdivision)

(1) Section 23A (1) to (4), ‘Minister’—omit, insert—chief executive

(2) Section 23A (5) and (6), ‘Minister’s’—omit, insert—chief executive’s

105 Amendment of s 26C (Effect of resumption of forest entitlement area)

Section 26C (b), ‘Minister’—

omit, insert—

chief executive

106 Amendment of s 32 (State leases over reserves)

Section 32 (4) (b), ‘Minister’—

omit, insert—

chief executive

107 Amendment of s 34H (Dealing with improvements)

(1) Section 34H (1), after ‘apply’—insert—, in writing to the chief executive,

(2) Section 34H (2) and (3), ‘Minister’—omit, insert—chief executive

108 Amendment of s 38G (Dealing with improvements)

(1) Section 38G (1), after ‘apply’—insert—, in writing to the chief executive,

(2) Section 38G (2) and (3), ‘Minister’—omit, insert—chief executive

109 Amendment of s 41 (Survey not needed)

Section 41 (2), ‘Minister’—

omit, insert—

chief executive

110 Amendment of s 48 (Trustees to give information and allow inspection of records)

Section 48 (1), ‘Minister’—

omit, insert—

chief executive

111 Amendment of s 55H (Dealing with improvements)

(1) Section 55H (1), after ‘apply’—insert—, in writing to the chief executive,

(2) Section 55H (2) and (3), ‘Minister’—omit, insert—chief executive

112 Amendment of s 57 (Trustee leases)

(1) Section 57 (2), from ‘, including’ to ‘lease’—omit.

(2) Section 57 (5) (b) —omit.

(3) Section 57 (5) (c) and (d) —renumber as section 57 (5) (b) and (c).

113 Amendment of s 58 (Other transactions relating to trustee leases)

(1) Section 58 (1), from ‘of’—omit, insert—of—

(a) for a sublease of the trustee lease—the Minister; or

(b) otherwise—the chief executive.

(2) Section 58 (2), after ‘Minister’s’—insert—or chief executive’s

(3) Section 58 (3) —omit, insert—

(3) An approval mentioned in subsection (1) may include conditions.

(4) Section 58 (4) (a), ‘the trustee’s or Minister’s approval’—omit, insert—an approval mentioned in subsection (1)

(5) Section 58 (6) and (7) —omit, insert—

(6) If the Minister or chief executive refuses to approve the transfer, mortgage or sublease, notice of the decision and the reasons for the decision must be given to the trustee lessee.

(7) A trustee lessee may appeal against the decision.

114 Amendment of s 59 (Basis of Ministerial approval)

(1) Section 59, heading, ‘Ministerial’—omit.

(2) Section 59 (1), after ‘Minister’—insert—or the chief executive

(3) Section 59 (2) (b), ‘Minister’—omit, insert—chief executive

115 Amendment of s 60 (Trustee permits)

Section 60 (5) and (6) —

omit.

116 Amendment of s 61 (Conditions on trustee leases and trustee permits)

Section 61 (4) —

insert—

117 Amendment of s 64 (Minister may dispense with approval)

(1) Section 64 (1), after ‘Minister’s’—insert—or chief executive’s

(2) Section 64 (5) and (6) —omit.

(3) Section 64 (7) —renumber as section 64 (5).

118 Amendment of s 66 (Right to remove improvements on cancellation)

Section 66 (2), from ‘Minister may’—

omit, insert—

chief executive may allow the trustee lessee or trustee permittee to remove the trustee lessee’s or trustee permittee’s improvements on the land within a reasonable time stated by the chief executive.

119 Amendment of s 67 (Power to mortgage trust land)

(1) Section 67 (4), ‘Minister’—omit, insert—chief executive

(2) Section 67 (5), ‘Minister’s’—omit, insert—chief executive’s

120 Amendment of s 68 (Mortgagee in possession)

(1) Section 68 (1) and (3), ‘Minister’—omit, insert—chief executive

(2) Section 68 (3), ‘Minister’s’—omit, insert—chief executive’s

121 Amendment of s 82 (Trustees may transfer trust to local government)

Section 82 (a), ‘Minister’—

omit, insert—

chief executive

122 Amendment of s 98 (Closure of road)

(1) Section 98 (1) (b), ‘gazette notice.’—omit, insert—issuing, under section 103, a road licence over the road to a person.

(2) Section 98 (3), from ‘gazette’—omit, insert—road licence mentioned in subsection (1)(b) is issued.

123 Amendment of ch 3, pt 2, div 3, hdg (Road licences for temporarily closed roads)

Chapter 3, part 2, division 3, heading, ‘for temporarily closed roads’—

omit.

124 Amendment of s 103 (Issue of road licence)

(1) Section 103 (1), ‘temporarily closed’—omit.

(2) Section 103 (1) —insert— Note—See also section 98.

125 Amendment of s 104 (Conditions of issuing road licence)

Section 104 (b), ‘temporarily closed’—

omit, insert—

for which the licence is issued

126 Amendment of s 105 (Cancellation or surrender of road licence)

Section 105 (6), ‘remains temporarily closed’—

omit, insert—

is reopened

127 Omission of s 107 (Reopening a temporarily closed road)

Section 107 —

omit.

128 Amendment of s 113 (Public notice of availability to be given)

Section 113 (1), ‘Minister’—

omit, insert—

chief executive

129 Amendment of s 117 (Interest may be withdrawn from auction, tender or ballot)

Section 117, ‘Minister’—

omit, insert—

chief executive

130 Amendment of s 118 (Appeal against exclusion from ballot or tender)

Section 118 (1) and (2), ‘Minister’—

omit, insert—

chief executive

131 Amendment of s 120 (Offer to winner of ballot or tender)

(1) Section 120 (2) (b) —omit, insert—

(b) either—

(i) if the offer was made because of a ballot—the chief executive may reballot the land; or

(ii) otherwise—the Minister or chief executive may deal with the land in a way required or permitted under this Act.

(2) Section 120 (4), ‘Minister’—omit, insert—chief executive

132 Amendment of s 137 (Right to occupy)

Section 137 (1) (b) and (2) (a), ‘Minister’—

omit, insert—

chief executive

133 Amendment of s 138 (Default)

Section 138 (3), ‘Minister’—

omit, insert—

chief executive

134 Amendment of s 201 (Information condition)

Section 201, after ‘Minister’—

insert—

or the chief executive

135 Amendment of s 202 (Improvement condition)

Section 202, ‘Minister’s’—

omit, insert—

chief executive’s

136 Amendment of s 240E (Sale by lessee)

(1) Section 240E (1), ‘make written application’—omit, insert—apply, in writing, to the chief executive

(2) Section 240E (2), ‘Minister’—omit, insert—chief executive

(3) Section 240E (2), ‘Minister’s’—omit, insert—chief executive’s

137 Amendment of s 240F (Sale by mortgagee instead of forfeiture)

(1) Section 240F (1), ‘make written application’—omit, insert—apply, in writing, to the chief executive

(2) Section 240F (2), ‘Minister’—omit, insert—chief executive

(3) Section 240F (2), ‘Minister’s’—omit, insert—chief executive’s

138 Amendment of s 240G (Application)

(1) Section 240G (1) and (3), ‘Minister’—omit, insert—chief executive

(2) Section 240G (3), ‘Minister’s’—omit, insert—chief executive’s

139 Amendment of s 240H (Notice of approval)

Section 240H (1), ‘Minister’—

omit, insert—

chief executive

140 Amendment of s 240M (Transition to sale agreement)

(1) Section 240M (2) (a) and (b), after ‘Minister’—insert—or chief executive

(2) Section 240M (2) (c), after ‘Minister’s’—insert—or chief executive’s

141 Amendment of s 240O (Making and registration of transition to sale agreement)

Section 240O (1), from ‘agreement, including’—

omit, insert—

agreement.

142 Amendment of s 240S (Notice of forfeiture)

Section 240S (1), ‘Minister’—

omit, insert—

chief executive

143 Amendment of s 243 (Improvements on forfeited lease)

(1) Section 243 (1A), after ‘apply’—insert—, in writing to the chief executive,

(2) Section 243 (1) and (2), ‘Minister’—omit, insert—chief executive

144 Insertion of new ch 5A

After chapter 5 —

insert—

145 Amendment of s 287 (Registered documents must comply with particular requirements)

Section 287 (1) (c) —

omit, insert—

(c) if the Minister’s or chief executive’s approval is needed—the Minister or chief executive has given written approval to the transaction to which the document relates.

146 Amendment of s 294J (Building management statement affecting freehold and non-freehold land)

Section 294J (3), (4) and (6) (a), ‘Minister’—

omit, insert—

chief executive

147 Amendment of s 299A (No registration in absence of required approval or consent of Minister)

(1) Section 299A, heading, after ‘Minister’—insert—or chief executive

(2) Section 299A (1) (a) and (b) —omit, insert—

(a) under this Act, the Minister’s or chief executive’s approval or consent, however described, is required for the document, including any aspect of the document, but the approval or consent has not been obtained; or Examples—

• a plan of subdivision that has not been consented to by the Minister

• a transfer document if the chief executive has not given written approval to the transfer

(b) the terms of the document are inconsistent with the terms of any approval or consent, however described, given by the Minister or chief executive in relation to the document, including any aspect of the document.

(3) Section 299A (4) —omit, insert—

(4) Subsection (1) does not affect the operation of a provision of this Act that provides for the approval or consent to be dispensed with. Examples—

1 The Minister may, under section 333, give an authority to sublease without seeking the Minister’s approval.

2 The chief executive may, under section 322AA, exempt particular persons from the requirement, under section 322(1)(b)(i), to obtain the chief executive’s approval to a transfer of a lease.

148 Replacement of s 311 (Witnessing documents for individuals)

Section 311 —

omit, insert—

311 Witnessing documents for individuals

(1) A person who witnesses a document signed by an individual must—

(a) first take reasonable steps to verify the identity of the individual and ensure the individual is the person entitled to sign the document; and

(b) have the individual sign the document in the presence of the person; and

(c) not be a party to the document.

(2) Without limiting subsection (1)(a), the person takes reasonable steps to verify the identity of the individual if the person complies with practices included in the manual of land title practice under section 286A(2) for verifying the individual’s identity.

(3) The person must, for 7 years after the person witnesses the signing of the document—

(a) keep a written record of the steps taken under subsection (1)(a); or

(b) keep originals or copies of the documents and other evidence provided to or otherwise obtained by the person in complying with subsection (1)(a).

(4) The chief executive may, whether before or after the registration of the document, ask the person—

(a) to advise the chief executive about the steps taken by the person under subsection (1)(a); and

(b) to produce for the chief executive’s inspection the written record mentioned in subsection (3)(a) or the originals or copies mentioned in subsection (3)(b).

(5) The person must comply with a request under subsection (4) unless the person has a reasonable excuse. Maximum penalty—20 penalty units.

149 Omission of s 318A (Minister may lodge mandatory standard terms document)

Section 318A —

omit.

150 Omission of s 320A (Conflict with mandatory standard terms document)

Section 320A —

omit.

151 Amendment of s 322 (Requirements for transfers)

(1) Section 322 (1) (b) (i), (5), (6) and (7), ‘Minister’—omit, insert—chief executive

(2) Section 322 —insert—

(2A) If an exemption applies to a lease under section 322AA, subsection (1)(b)(i) does not apply to the transfer of—

(a) the lease; or

(b) a sublease of the lease.

(3) Section 322 (4), (6), (8) and (9), ‘Minister’s’—omit, insert—chief executive’s

152 Insertion of new ss 322AA and 322AB

After section 322 —

insert—

322AA Chief executive may grant exemption from approval requirement

(1) If the chief executive considers it appropriate, the chief executive may, by written notice, exempt the following persons from the requirement under section 322(1)(b)(i) to obtain the chief executive’s approval to a transfer of a lease—

(a) if the notice states a particular lease—the lessee under the lease;

(b) if the notice states a type of lease—each lessee under a lease of that type.

(2) If an exemption under subsection (1) applies to a lessee for a lease, a sublessee for a sublease under the lease is exempt from the requirement under section 322(1)(b)(i) to obtain the chief executive’s approval to a transfer of the sublease.

(3) In acting under the notice, a lessee or sublessee must comply with any requirements prescribed by regulation.

(4) The notice may impose conditions on the exemption the chief executive considers appropriate.

(5) The chief executive may, by further written notice—

(a) impose additional conditions on the exemption; or

(b) amend or revoke a condition already imposed on the exemption under this section; or

(c) revoke the exemption.

322AB Recording exemptions

(1) The chief executive may record an exemption granted under section 322AA(1) in the leasehold land register.

(2) Failure to record the exemption does not affect its validity.

(3) If an exemption recorded under subsection (1) is revoked under section 322AA(5)(c), the chief executive must remove the record of the exemption from the leasehold land register.

153 Amendment of s 326A (Disclosure of information to proposed transferee of lease or licensee)

Section 326A (2) and (3), ‘Minister’—

omit, insert—

chief executive

154 Amendment of s 327 (Absolute surrender of freehold land)

(1) Section 327 (a), ‘Minister’—omit, insert—chief executive

(2) Section 327 (b), ‘Minister’s’—omit, insert—chief executive’s

155 Amendment of s 327A (Surrender of lease)

(1) Section 327A (a), ‘Minister’—omit, insert—chief executive

(2) Section 327A (b), ‘Minister’s’—omit, insert—chief executive’s

156 Amendment of s 327B (Applying to surrender freehold land)

Section 327B, after ‘apply’—

insert—

, in writing to the chief executive,

157 Amendment of s 327C (Applying to surrender lease)

Section 327C (1), after ‘apply’—

insert—

, in writing to the chief executive,

158 Amendment of s 327I (Dealing with improvements)

(1) Section 327I (1), after ‘apply’—insert—, in writing to the chief executive,

(2) Section 327I (2) and (3), ‘Minister’—omit, insert—chief executive

159 Amendment of s 329 (Notice of surrender needed)

Section 329 (2), ‘Minister’—

omit, insert—

chief executive

160 Amendment of s 330 (Requirements for effective surrender)

Section 330 (a), ‘Minister’—

omit, insert—

chief executive

161 Amendment of s 332 (Requirements for subleases)

(1) Section 332 (1) (a) (iii) —omit.

(2) Section 332 (1) —insert— Note—A sublease may be subject to a prescribed term. See chapter 5A.

(3) Section 332 (2) to (9) —omit, insert—

(2) An application for the Minister’s approval—

(a) may be made by a lessee or sublessee even though subsection (1)(a)(ii) applies to the lessee; and

(b) must be accompanied by a copy of the proposed sublease.

(3) The Minister must consider the application and—

(a) if the Minister is satisfied the subleasing would be inconsistent with the purpose of the lease—must refuse to approve the application; or

(b) otherwise—may—

(i) approve the application, with or without conditions; or

(ii) refuse to approve the application. Example of why the Minister may refuse to approve the application—The subleasing would be inappropriate having regard to the purpose and conditions of the lease.

(4) If the Minister refuses to approve the application, the Minister must give the lessee a written notice of the decision that includes a statement of the reasons for the decision.

(5) The approval lapses unless the sublease is lodged in the land registry within 6 months after the approval was granted.

(6) The Minister may extend the time mentioned in subsection (5).

(7) The lessee may appeal against the Minister’s decision.

162 Insertion of new s 337A

After section 337 —

insert—

337A Sublease must not contravene lease condition The lessee of a lease that is sublet, in whole or in part, must ensure the terms of the sublease do not contravene a condition to which the lease is subject.

163 Amendment of s 358 (Changing deeds of grant—change in description or boundary of land)

Section 358 (2), ‘Minister’s’—

omit, insert—

chief executive’s

164 Amendment of s 360A (Minister may change term leases, other than State leases, or perpetual leases)

(1) Section 360A, heading—omit, insert—

360A Chief executive may change term leases, or perpetual leases, other than State leases

(2) Section 360A (1), from ‘applies’—omit, insert—does not apply to a State lease.

(3) Section 360A (2) and (3), ‘Minister’—omit, insert—chief executive

(4) Section 360A (2) and (3), ‘the lease if’—omit, insert—a term lease, or a perpetual lease, if

165 Amendment of s 360C (Applying to amend description of lease)

Section 360C (2), ‘other than a State lease, or a perpetual lease’—

omit, insert—

or a perpetual lease, other than a State lease

166 Amendment of s 362 (Easements may be created only by registration)

Section 362 (1), ‘Minister’s’—

omit, insert—

chief executive’s

167 Amendment of s 363 (Registration of easement)

Section 363 (1) (c), ‘Minister’—

omit, insert—

chief executive

168 Amendment of s 369A (Transfer of public utility easements)

Section 369A (1), ‘With the Minister’s written approval, a’—

omit, insert—

A

169 Amendment of s 373B (Requirements of document creating covenant)

Section 373B (1) (d), ‘Minister’—

omit, insert—

chief executive

170 Amendment of s 373C (Amending document creating covenant)

Section 373C (2) (b), ‘Minister’—

omit, insert—

chief executive

171 Amendment of s 373G (Profit a prendre by registration)

Section 373G, ‘Minister’s’—

omit, insert—

chief executive’s

172 Amendment of s 373ZB (Definitions for div 8D)

Section 373ZB, definition
"approved agreement", ‘Minister’—

omit, insert—

chief executive

173 Amendment of s 373ZD (Creation only by registration)

(1) Section 373ZD (2) and (3), ‘Minister’—omit, insert—chief executive

(2) Section 373ZD (4), ‘Minister’s’—omit, insert—chief executive’s

174 Amendment of s 373ZE (Requirements for registration)

Section 373ZE (1) (c), from ‘Minister’s’—

omit, insert—

approval under section 373ZD.

175 Amendment of s 373ZF (Amending interest)

(1) Section 373ZF (3) and (4), ‘Minister’—omit, insert—chief executive

(2) Section 373ZF (5), ‘Minister’s’—omit, insert—chief executive’s

176 Amendment of s 373ZG (When amendment or replacement of approved agreement ends interest)

(1) Section 373ZG (1), from ‘Minister’—omit, insert—approval mentioned in section 373ZF is refused.

(2) Section 373ZG (2), from ‘the chief executive becomes’—omit, insert—practicable.

177 Amendment of s 373ZH (Surrendering or removing interest)

(1) Section 373ZH (2) —omit.

(2) Section 373ZH (3) and (4) —renumber as section 373ZH (2) and (3).

178 Amendment of s 373ZI (Notice of end of approved agreement)

Section 373ZI (2) and (3), ‘Minister’—

omit, insert—

chief executive

179 Amendment of s 373ZL (Reviewing approved agreements for indigenous cultural interests)

Section 373ZL, ‘Minister’—

omit, insert—

chief executive

180 Amendment of s 375A (Document to vest in trustee)

Section 375A (4), ‘registrar’—

omit, insert—

chief executive

181 Amendment of s 390A (Special provision for transport related land)

Section 390A (2), after ‘Minister’s’—

insert—

or the chief executive’s

182 Amendment of s 391A (General provision about approvals)

(1) Section 391A (2), after ‘Minister’s’—insert—or the chief executive’s

(2) Section 391A (2) and (4), after ‘Minister’—insert—or the chief executive

183 Amendment of s 420FA (Regard may be had to information and advice)

Section 420FA, example, ‘23A or’—

omit.

184 Amendment of s 420I (General power to impose conditions)

Section 420I, example, ‘Minister’—

omit, insert—

chief executive

185 Insertion of new s 533

After section 532, as inserted by this Act—

insert—

533 Roads temporarily closed by gazette notice

(1) This section applies in relation to a road that, immediately before the commencement, had been temporarily closed under former section 98(1)(b) and had not been reopened under former section 107.

(2) The Minister may, by gazette notice, reopen the road.

186 Insertion of new ch 9, pt 4, divs 4–6

Chapter 9, part 4, as inserted by this Act—

insert—

187 Amendment of sch 2 (Original decisions)

Schedule 2, ‘332(7)’—

omit, insert—

332(4)

188 Amendment of sch 6 (Dictionary)

(1) Schedule 6, definition
"mandatory standard terms document" —omit.

(2) Schedule 6 —insert—

"perpetual lease" means a lease granted in perpetuity.

"prescribed term" see section 254.

"relevant interest" see section 254.

189 Act amended

This part amends the Land Title Act 1994.

190 Replacement of s 162 (Obligations of witness for individual)

Section 162 —

omit, insert—

162 Obligations of witness for individual

(1) A person who witnesses an instrument executed by an individual must—

(a) first take reasonable steps to verify the identity of the individual and ensure the individual is the person entitled to sign the instrument; and

(b) have the individual execute the instrument in the presence of the person; and

(c) not be a party to the instrument.

(2) Without limiting subsection (1)(a), the person takes reasonable steps to verify the identity of the individual if the person complies with practices included in the manual of land title practice under section 9A(2) for verifying the individual’s identity.

(3) The person must, for 7 years after the person witnesses the signing of the instrument—

(a) keep a written record of the steps taken under subsection (1)(a); or

(b) keep originals or copies of the documents and other evidence provided to or otherwise obtained by the person in complying with subsection (1)(a).

(4) The registrar may, whether before or after the registration of the instrument, ask the person—

(a) to advise the registrar about the steps taken by the person under subsection (1)(a); and

(b) to produce for the registrar’s inspection the written record mentioned in subsection (3)(a) or the originals or copies mentioned in subsection (3)(b).

(5) The person must comply with a request under subsection (4) unless the person has a reasonable excuse. Maximum penalty—20 penalty units.

191 Insertion of new s 219

After section 218, as inserted by this Act—

insert—

219 Application of new s 162 Section 162, as in force on the commencement, applies in relation to an instrument only if it is executed after the commencement.

192 Regulation amended

This part amends the Land Title Regulation 2015.

193 Amendment of s 3 (Definitions)

Section 3, ‘ schedule 3 ’—

omit, insert—

schedule 2

194 Amendment of s 4 (Lodging instruments)

(1) Section 4 (1) and (2) —omit, insert—

(1) A document in paper form may be lodged at an office of the land registry, stated on the department’s website, during the hours stated on the website for the office.

(2) Section 4 (3) —renumber as section 4 (2).

195 Amendment of s 6 (Fees)

Section 6 (1), ‘ schedule 2 ’—

omit, insert—

schedule 1

196 Omission of sch 1 (Offices of the land registry)

Schedule 1 —

omit.

197 Renumbering of schs 2 and 3

Schedules 2 and 3 —

renumber as schedules 1 and 2.

198 Act amended

This part amends the Geothermal Energy Act 2010.

199 Insertion of new ch 9, pt 5

Chapter 9 —

insert—

200 Amendment of sch 2 (Dictionary)

Schedule 2, definitions
"advanced activity" and
"preliminary activity" —

omit.

201 Act amended

This part amends the Greenhouse Gas Storage Act 2009.

202 Amendment of s 390 (Restriction on building on pipeline land for GHG tenure)

Section 390 (1) —

omit, insert—

(1) This section applies if land is pipeline land for 1 or more GHG tenures.

203 Amendment of sch 2 (Dictionary)

Schedule 2, definitions
"advanced activity" and
"preliminary activity" —

omit.

204 Act amended

This part amends the Land Access Ombudsman Act 2017.

205 Amendment of s 7 (What is a land access dispute)

(1) Section 7 (a) (ii), ‘ section 79 ’—omit, insert—chapter 3, part 7, division 5

(2) Section 7 (b) (ii), ‘ section 422 ’—omit, insert—section 422, 437 or 437A

206 Act amended

This part amends the Mineral and Energy Resources (Common Provisions) Act 2014.

207 Insertion of new ss 15A and 15B

After section 15 —

insert—

15A What is an advanced activity An
"advanced activity", for a resource authority, is an authorised activity for the resource authority other than a preliminary activity for the resource authority. Examples—

• levelling of drilling pads and digging sumps

• earthworks associated with pipeline installation

• bulk sampling

• open trenching or costeaning with an excavator

• vegetation clear-felling

• constructing an exploration camp, concrete pad, sewage or water treatment facility or fuel dump

• geophysical surveying with physical clearing

• carrying out a seismic survey using explosives

• constructing a track or access road

• changing a fence line

15B What is a preliminary activity

(1) A
"preliminary activity", for a resource authority, is an authorised activity for the authority that will have no impact, or only a minor impact, on the business or land use activities of any owner or occupier of the land on which the activity is to be carried out. Examples—

• walking the area of the authority

• driving along an existing road or track in the area

• taking soil or water samples

• geophysical surveying not involving site preparation

• aerial, electrical or environmental surveying

• survey pegging

(2) However, the following are not preliminary activities—

(a) an authorised activity carried out on land that—

(i) is less than 100ha; and

(ii) is being used for intensive farming or broadacre agriculture;

Examples—

• land used for dryland or irrigated cropping, plantation forestry or horticulture

• a dairy, cattle or sheep feedlot, piggery or poultry farm

(b) an authorised activity that affects the lawful carrying out of an organic or bio-organic farming system.

208 Omission of ch 3, pt 2, div 6 (Access to carry out rehabilitation and environmental management)

Chapter 3, part 2, division 6 —

omit.

209 Insertion of new ch 3, pt 4A

Chapter 3 —

insert—

210 Amendment of s 99A (Jurisdiction to decide alleged breach of conduct and compensation agreement)

Section 99A (5), definition
"party", paragraph (b), ‘ section 79 ’—

omit, insert—

division 5

211 Amendment of sch 2 (Dictionary)

(1) Schedule 2, definitions
"advanced activity" and
"preliminary activity" —omit.

(2) Schedule 2 —insert—

"advanced activity", for a resource authority, see section 15A.

"preliminary activity", for a resource authority, see section 15B.

212 Act amended

This part amends the Mineral and Energy Resources (Financial Provisioning) Act 2018.

213 Amendment of s 3 (Main purposes)

Section 3 (d) (i), ‘rehabilitation’—

omit, insert—

remediation

214 Amendment of s 63 (Application of subdivision)

Section 63 (b), from ‘ section 344A ’ to ‘rehabilitation’—

omit, insert—

section 344A(1), to carry out remediation

215 Amendment of sch 1 (Dictionary)

(1) Schedule 1, definitions
"rehabilitation activities" and
"remediation activities" —omit.

(2) Schedule 1 —insert—

"remediation activities" —

(a) at land on which an abandoned mine exists—see the Mineral Resources Act 1989, section 344A (1); or

(b) in relation to an abandoned operating plant—see the Petroleum and Gas (Production and Safety) Act 2004, section 799D.

216 Act amended

This part amends the Mineral Resources Act 1989.

217 Omission of ss 7A and 7B

Sections 7A and 7B —

omit.

218 Omission of s 23 (Refund upon rejection of application)

Section 23 —

omit.

219 Replacement of s 85A (Deciding whether to grant mining claim if compensation not determined)

Section 85A —

omit, insert—

85A Minister may refuse to grant mining claim if compensation not determined

(1) This section applies if—

(a) a person makes an application for the grant of a mining claim; and

(b) compensation in relation to the mining claim has not been determined by agreement between the applicant and each owner of land, or by determination of the Land Court, as mentioned in section 85(1)(a); and

(c) an application under section 85(4) has not been made to the Land Court for a determination of the amount of compensation in relation to the mining claim; and

(d) 3 months have elapsed since—

(i) if no objection was lodged in relation to the application for the grant of the mining claim—the last objection day for the application; or

(ii) if, under section 72(5), the Land Court remitted a matter relating to the mining claim to the chief executive—the day the Land Court remitted the matter; or

(iii) if, under section 78(1)(b), the Land Court instructed the Minister to grant the mining claim—the day the Land Court gave the instruction; or

(iv) if the Governor in Council consented to the grant of the mining claim—the day the Governor in Council consented to the grant.

(2) The Minister may refuse to grant the mining claim.

(3) This section does not limit any other power to refuse to grant a mining claim.

220 Amendment of s 135 (Abandonment of application for exploration permit)

(1) Section 135 (3) —omit.

(2) Section 135 (2A) —renumber as section 135 (3).

221 Amendment of s 136 (Grant of exploration permit on application)

Section 136 (5) —

omit.

222 Amendment of s 136N (Grant of exploration permit for surrendered exploration permits)

Section 136N (5) —

omit.

223 Amendment of s 136S (Deciding application)

Section 136S (8) —

omit, insert—

(8) If the Minister refuses the application, the Minister must give the applicant written notice of the reasons for the refusal.

224 Amendment of s 136T (Withdrawing application)

Section 136T (4) —

omit.

225 Amendment of s 186 (Minister may grant or refuse application)

Section 186 (8) —

omit.

226 Omission of s 188 (Upon rejection of application, application fee or part may be retained)

Section 188 —

omit.

227 Amendment of s 189 (Abandonment of application for mineral development licence)

(1) Section 189 (3) —omit.

(2) Section 189 (2A) to (4) —renumber as section 189 (3) to (5).

228 Amendment of s 231A (Application of pts 1 and 2)

Section 231A (3), ‘188,’—

omit.

229 Replacement of s 279A (Deciding whether to grant mining lease if compensation not determined)

Section 279A —

omit, insert—

279A Minister may refuse to grant mining lease if compensation not determined

(1) This section applies if—

(a) a person makes an application for the grant of a mining lease; and

(b) compensation in relation to the mining lease has not been determined by agreement between the applicant and each owner of land, or by determination of the Land Court, as mentioned in section 279(1)(a); and

(c) an application under section 281 has not been made to the Land Court for a determination of the amount of compensation in relation to the mining lease; and

(d) 3 months have elapsed since—

(i) if no objection was lodged in relation to the application for the grant of the mining lease—the last objection day for the application; or

(ii) if, under section 265(10), the Land Court remitted a matter relating to the mining lease to the chief executive—the day the Land Court remitted the matter; or

(iii) if, under section 269, the Land Court made a recommendation about the grant of the mining lease—the day the Land Court made the recommendation; or

(iv) if the Governor in Council consented to the grant of the mining lease for land relating to a reserve—the day the Governor in Council consented to the grant.

(2) The Minister may refuse to grant the mining lease.

(3) This section does not limit any other power to refuse to grant a mining lease.

230 Amendment of s 334J (Access rights for particular activities)

Section 334J (1) (a), ‘ section 55 ’—

omit, insert—

section 72B

231 Amendment of s 344 (Definitions for part)

(1) Section 344 —insert—

"remediation activities" see section 344A(1).

(2) Section 344, definition
"rehabilitation activities", ‘ section 344A (1) and (3) ’—omit, insert—section 344A(3)

232 Amendment of s 344A (Authorised person to carry out rehabilitation activities)

(1) Section 344A, heading, ‘rehabilitation activities’—omit, insert—remediation activities for abandoned mine or rehabilitation activities for final rehabilitation site

(2) Section 344A (1), ‘(
"rehabilitation activities")’—omit, insert—(
"remediation activities")

(3) Section 344A (3), ‘also’—omit.

233 Amendment of s 344B (Entering land to carry out rehabilitation activities)

(1) Section 344B, heading, ‘rehabilitation activities’—omit, insert—remediation activities for abandoned mine or rehabilitation activities for final rehabilitation site

(2) Section 344B (2), ‘carry out rehabilitation activities’—omit, insert—carry out remediation activities for the abandoned mine, or rehabilitation activities for the final rehabilitation site

(3) Section 344B (2) (a), ‘rehabilitation activities’—omit, insert—the activities

234 Amendment of s 344C (Notice of entry)

(1) Section 344C (1) (a), ‘rehabilitation activities’—omit, insert—remediation activities for the abandoned mine, or rehabilitation activities for the final rehabilitation site,

(2) Section 344C (2) (d), ‘rehabilitation’—omit, insert—remediation activities or rehabilitation

235 Amendment of s 344D (Obligation of authorised person in carrying out rehabilitation activities)

Section 344D, heading, ‘rehabilitation activities’—

omit, insert—

remediation activities for abandoned mine or rehabilitation activities for final rehabilitation site

236 Insertion of new s 386PA

After section 386P —

insert—

386PA Chief executive’s power to refund application fee

(1) This section applies if, under this Act, an application for a resource authority is withdrawn, abandoned, refused or rejected.

(2) The chief executive may refund all or part of the application fee.

(3) In this section—

"resource authority" does not include a water monitoring authority.

237 Insertion of new ch 15, pt 15

Chapter 15 —

insert—

238 Amendment of sch 2 (Dictionary)

(1) Schedule 2, definitions
"advanced activity" and
"preliminary activity" —omit.

(2) Schedule 2 —insert—

"remediation activities", for chapter 13, part 4, see section 344A(1).

239 Act amended

This part amends the Petroleum Act 1923.

240 Amendment of s 2 (Definitions)

Section 2, definitions
"advanced activity" and
"preliminary activity" —

omit.

241 Act amended

This part amends the Petroleum and Gas (Production and Safety) Act 2004.

242 Amendment of sch 2 (Dictionary)

Schedule 2, definitions
"advanced activity" and
"preliminary activity" —

omit.

243 Act amended

This part amends the Mineral Resources Act 1989.

244 Amendment of s 3 (Application of Act to Commonwealth land and coastal waters of the State)

Section 3 (3), from ‘subsoil that’—

omit, insert—

subsoil that by a law of the Commonwealth is excluded from the application of this Act (whether by reference to this Act or to the subject matter of this Act) to the extent of that exclusion.

245 Insertion of new s 3BB

After section 3BA —

insert—

3BB Relationship with Nature Conservation Act 1992 This Act is subject to the Nature Conservation Act 1992, sections 27 and 70QA.

246 Amendment of s 127 (Land subject to exploration permit)

Section 127 (3), from ‘contained’ to ‘proposed in the application’—

omit, insert—

provided for the application for an exploration permit, is satisfied the proposed work program

247 Insertion of new s 130AA

After section 130 —

insert—

130AA Types of work program for term of exploration permit

(1) A
"work program" for a term of an exploration permit is—

(a) a work program (activities-based); or

(b) a work program (outcomes-based).

(2) A
"work program (activities-based)" for a term of an exploration permit is a document stating—

(a) the activities proposed to be carried out during the term; and

(b) the estimated human, technical and financial resources proposed to be committed to exploration during the term.

(3) A
"work program (outcomes-based)" for a term of an exploration permit is a document stating—

(a) the outcomes proposed to be pursued during the term; and

(b) the strategy for pursuing the outcomes mentioned in paragraph (a); and

(c) the information and data proposed to be collected as an indication of mineralisation during the term; and

(d) the estimated human, technical and financial resources proposed to be committed to exploration during the term.

248 Amendment of s 133 (Application for exploration permit)

(1) Section 133 (f) —omit, insert—

(f) be accompanied by—

(i) if any of the area of the proposed exploration permit has been the subject of an earlier permit mentioned in section 131(1)(b) or an earlier exploration permit application mentioned in section 131(1)(c)—a proposed work program (activities-based) for the term of the permit, if granted; or

(ii) otherwise—a proposed work program for the term of the permit, if granted; and

(fa) be accompanied by a statement detailing exploration data captured by the applicant prior to the application in relation to the land the subject of the application; and

(2) Section 133 (g) (i), from ‘, separate’ to ‘ paragraph (f),’—omit.

(3) Section 133 (fa) and (g) —renumber as section 133 (g) and (h).

249 Amendment of s 134A (Priority of applications for grant of exploration permit)

Section 134A —

insert—

(4) Subsection (5) applies if 1 or more applications mentioned in subsection (2) were accompanied by a proposed work program (outcomes-based) for the term of the permit, if granted.

(5) Before deciding the priority of the applications under subsection (2), the Minister may, by written notice given to the applicant, require the applicant to give the Minister, within the reasonable period stated in the notice, a proposed work program (activities-based) for the term of the permit, if granted.

250 Amendment of s 136C (Call for tenders)

(1) Section 136C (2) —insert—

(aa) the proposed term of the permit; and

(2) Section 136C (2) —insert—

(ca) that the tenders must be accompanied by a proposed work program for the term of the permit, if granted; and

(cb) whether the proposed work program under paragraph (e) must be a proposed work program (activities-based) or a proposed work program (outcomes-based); and

(3) Section 136C (4), ‘ Subsection (2) (d) (i) ’—omit, insert—Subsection (2)(g)(i)

(4) Section 136C (2) (d) (ii) —omit.

(5) Section 136C (2) (d) (iii) and (iv) —renumber as section 136C (2) (d) (ii) and (iii).

(6) Section 136C (2) (aa) to (d) —renumber as section 136C (2) (b) to (g).

251 Amendment of s 136E (Requirements for making tender)

(1) Section 136E (b) —omit, insert—

(b) be accompanied by a proposed work program, of the type required under section 136C(2)(f), for the term of the permit, if granted; and

(2) Section 136E (c), from ‘, separate’ to ‘ paragraph (b),’—omit.

252 Amendment of s 136G (Amendment of tender)

Section 136G (2), ‘program of work’—

omit, insert—

work program

253 Amendment of s 136M (Application for exploration permit for surrendered exploration permits)

Section 136M (6), ‘an exploration permit’—

omit, insert—

a new exploration permit

254 Amendment of s 136N (Grant of exploration permit for surrendered exploration permits)

(1) Section 136N (1), (2) and (3), ‘an exploration’—omit, insert—a new exploration

(2) Section 136N (1) (a) and (4), ‘the exploration’—omit, insert—the new exploration

(3) Section 136N —insert—

(5) The term of a new exploration permit is the term decided by the Minister.

(6) However, the end of the term can not be more than 15 years after—

(a) if the area of the new exploration permit is comprised of the whole or part of the area of 1 surrendered exploration permit—the day the surrendered permit was granted; or

(b) if the area of the new exploration permit is comprised of the whole or part of the area of more than 1 surrendered exploration permit—the day the earliest of the surrendered permits was granted.

255 Amendment of s 136R (Application)

(1) Section 136R (d) —omit, insert—

(d) be accompanied by—

(i) a proposed work program for the term of the permit, if granted; and

(ii) a statement about how the work proposed to be carried out under the authority of the exploration permit is necessary for the operation of the coal mining project; and

(2) Section 136R (e), from ‘, separate’ to ‘ paragraph (d),’—omit.

256 Amendment of s 137 (Prescribed criteria for grant of exploration permit)

(1) Section 137 (2) (d), from ‘the program’—omit, insert—a work program for the term of the permit;

(2) Section 137 (3) —omit, insert—

(3) In deciding whether to approve the work program for the term of the exploration permit, the Minister must have regard to—

(a) for a work program (activities-based)—the following matters—

(i) the extent of the proposed activities in the proposed area of the permit;

(ii) when and where the applicant proposes to carry out exploration activities in the proposed area of the permit;

(iii) whether the applicant has the financial and technical capability of carrying out the proposed activities; or

(b) for a work program (outcomes-based)—the following matters—

(i) whether the applicant has an adequate technical knowledge of the geology of the proposed area of the permit;

(ii) whether the proposed outcomes ensure appropriate exploration of the proposed area of the permit;

(iii) whether the applicant has the financial and technical capability of pursuing the proposed outcomes.

257 Amendment of s 137A (Details of exploration permit to be recorded in register)

Section 137A (h) —

omit, insert—

(h) the work program approved by the Minister for the term of the permit.

258 Amendment of s 139 (Periodic reduction in area of exploration permit)

(1) Section 139 (1) —omit, insert—

(1) The area of an exploration permit must be reduced—

(a) by 50% of the area of the permit, as stated under section 137A(d) when the permit was granted, by the day that is 5 years after the grant of the permit; and

(b) by 50% of the area remaining after the reduction under paragraph (a) by the day that is 10 years after the grant of the permit.

(2) Section 139 (3) and (4) —omit, insert—

(3) If the holder reduces the area of an exploration permit under section 140 or 177 during a period mentioned in subsection (1), the reduction under section 140 or 177 may be counted towards the reduction required under subsection (1) for the period.

(4) Despite subsection (1), the Minister may direct the holder of an exploration permit to reduce the area of the permit by more or less than the area required under subsection (1) if the Minister considers it necessary because of—

(a) an exceptional event affecting the permit; or

(b) circumstances arising from the permit forming part of an exploration project.

(4A) The holder of an exploration permit must, within 3 months before the day mentioned in subsection (1), make a submission to the chief executive identifying the sub-blocks of land to which the exploration permit will apply after the reduction under subsection (1).

(3) Section 139 (5), (6) and (7), ‘ subsection (4) ’—omit, insert—subsection (5)

(4) Section 139 (7), ‘ subsection (6) ’—omit, insert—subsection (7)

(5) Section 139 (4A) to (8) —renumber as section 139 (5) to (9).

259 Amendment of s 141 (Conditions of exploration permit)

(1) Section 141 (1) (a) —omit, insert—

(a) a condition that the holder must—

(i) if the work program approved by the Minister for the term of the permit states the activities to be carried out during the term—carry out the activities to the extent reasonable in all of the circumstances; and

(ii) if the work program approved by the Minister for the term of the permit states the outcomes to be pursued during the term—pursue the outcomes to the extent reasonable in all of the circumstances; and

(2) Section 141 (1) (f) —omit, insert—

(f) a condition that the holder must, when the Minister directs, give the Minister the following things in the way and within the period prescribed by regulation—

(i) a report about the exploration permit, in addition to any report mentioned in paragraph (e);

(ii) a sample of stated materials that were obtained because of the holder’s activities under the exploration permit; and

Note—For other relevant provisions about giving a document to the Minister, see section 386O.

260 Insertion of new s 141A

After section 141 —

insert—

141A Amendment of conditions by Minister if exceptional event

(1) This section applies if the Minister considers the conditions of an exploration permit must be amended because of an exceptional event affecting the permit.

(2) The Minister may amend the permit by imposing a condition on, or varying or removing a condition of, the permit without application from the holder.

(3) The amendment takes effect 10 business days after the holder is given the notice or, if the notice states a later day of effect, the later day.

(4) This section does not limit section 141(1)(j).

261 Amendment of s 141C (Application to vary conditions of existing permit)

(1) Section 141C (1) —omit, insert—

(1) This section applies if a variation of the conditions of an exploration permit (the
"existing permit") is necessary because of—

(a) an exceptional event affecting the existing permit; or

(b) circumstances arising from the existing permit forming part of an exploration project.

(1A) The holder of the existing permit may apply to the Minister for a variation of the conditions of the permit.

(2) Section 141C —insert—

(2A) The Minister may decide to vary, or refuse to vary, the conditions of the existing permit.

(2B) The Minister may decide to vary the conditions of the existing permit only if the Minister is satisfied the variation is necessary under subsection (1).

(3) Section 141C (3), ‘Without limiting subsection (2) ’—omit, insert—However, without limiting subsection (3)

(4) Section 141C (4), ‘ Subsections (2) and (3) ’—omit, insert—Subsections (3) and (6)

(5) Section 141C (5), ‘ subsection (3) (a) ’—omit, insert—subsection (6)(a)

(6) Section 141C (1A) to (5) —renumber as section 141C (2) to (8).

262 Amendment of s 144 (Provision of security)

Section 144 (1), from ‘program’ to ‘under the permit’—

omit, insert—

work program approved for the term, or further term, of the permit

263 Amendment of s 146 (Initial term of exploration permit)

Section 146 (2) and (3) —

omit.

264 Amendment of s 147 (Application for renewal of exploration permit)

(1) Section 147 (2) (c) —omit, insert—

(c) accompanied by a proposed work program for the further term of the permit, if renewed.

(2) Section 147 —insert—

(2A) Subsection (4) applies if, after considering the proposed work program submitted under subsection (2)(c), the Minister considers a work program of another type mentioned in section 130AA(1) is more appropriate for the exploration of the area of the permit, if renewed.

(2B) Before deciding the application, the Minister may, by written notice given to the applicant, require the applicant to give the Minister, within the reasonable period stated in the notice, a proposed work program of another type mentioned in section 130AA(1) for the further term of the permit, if renewed.

(3) Section 147 (2A) to (3) —renumber as section 147 (3) to (5).

265 Amendment of s 147A (Decision on application)

(1) Section 147A, heading, after ‘application’—insert—for renewal

(2) Section 147A (1) (b) and (c) —omit, insert—

(b) the activities proposed to be carried out, or the outcomes proposed to be pursued, as stated in the proposed work program for the further term of the permit, are appropriate and acceptable;

(c) the financial and technical resources available to the holder to carry out the activities or pursue the outcomes mentioned in paragraph (b) are appropriate and acceptable;

(3) Section 147A —insert—

(2A) However, the total of the initial term and all renewed terms of an exploration permit must not be more than 15 years.

(4) Section 147A (2A) to (5) —renumber as section 147A (3) to (6).

266 Amendment of s 147C (Continuation of permit while application being dealt with)

Section 147C (4), definition
"outstanding request application", paragraph (a), ‘all or part of’—

omit.

267 Insertion of new ss 147CA and 147CB

After section 147C —

insert—

147CA Application for extension of last renewed term of exploration permit

(1) This section applies if—

(a) the total of the initial term and all renewed terms of an exploration permit is not more than 15 years; and

(b) an exceptional event affecting the permit that occurred in the last renewed term of the exploration permit has prevented the holder of the permit from carrying out the work program approved for the last renewed term of the permit.

(2) The holder of the exploration permit may, within the extension period, apply to the Minister for an extension of the last renewed term of the permit.

(3) The application must be—

(a) made in the approved form; and

(b) accompanied by—

(i) a statement describing the exceptional event mentioned in subsection (1)(b); and

(ii) the fee prescribed by regulation.

(4) An application under this section may not be made more than once.

(5) In this section—

"extension period" means the period that is—

(a) at least 3 months, or any shorter period allowed by the Minister in the particular case, before the last renewed term of the permit expires; and

(b) not more than 6 months before the last renewed term of the permit expires.

147CB Decision on application for extension

(1) The Minister must decide to extend, or refuse to extend, the last renewed term of the exploration permit.

(2) The Minister may decide to extend the last renewed term of the exploration permit only if the Minister is satisfied—

(a) an exceptional event affecting the permit that occurred in the last renewed term of the permit has prevented the holder of the permit from carrying out the work program approved for the last renewed term of the permit; and

(b) the holder has otherwise complied with this Act in relation to the permit.

(3) The extended term is the term of not more than 3 years decided by the Minister.

(4) The work program approved for the last renewed term of the exploration permit applies for the extended term.

(5) The last renewed term of an exploration permit may not be extended more than once.

268 Amendment of s 147D (When term of renewed permit starts)

Section 147D, after ‘renewed’—

insert—

or extended

269 Amendment of s 147F (Renewal of permit must be in name of last recorded transferee)

(1) Section 147F, heading, after ‘Renewal’—insert—or extension

(2) Section 147F, after ‘renewal’—insert—or extension

270 Replacement of s 148 (Rights and obligations upon application for mining claim, mining lease or mineral development licence)

Section 148 —

omit, insert—

148 Continuation of exploration permit if application for other tenure

(1) This section applies if—

(a) the holder of an exploration permit makes an application for the grant of any of the following resource authorities in relation to the whole or part of the area of the exploration permit—

(i) a mining claim;

(ii) a mining lease;

(iii) a mining development licence; and

(b) the final term of the exploration permit ends before the day the application mentioned in paragraph (a) is decided.

(2) Despite the ending of the final term of the permit, the permit continues in force in relation to the area the subject of the application mentioned in subsection (1)(a) until the earliest of the following days—

(i) the day the grant of a resource authority mentioned in subsection (1)(a) takes effect;

(ii) the day the refusal of the application mentioned in subsection (1)(a) takes effect;

(iii) the day the application mentioned in subsection (1)(a) is withdrawn.

(3) The entitlements of the holder of the permit are not reduced or limited only because of the holder’s application for the resource authority mentioned in subsection (1)(a).

(4) To remove any doubt, it is declared that rental is payable under section 138 in relation to any period an exploration permit continues in force under this section.

(5) In this section—

"final term", of an exploration permit, means the term that ends 15 years after the grant of the permit.

271 Amendment of s 161 (Surrender of exploration permit)

Section 161 (4) —

omit, insert—

(4) If, when the holder of an exploration permit purports to surrender the permit, the holder makes an application for a new exploration permit under section 133 in relation to the whole or part of the area of the exploration permit to be surrendered, the purported surrender takes effect—

(a) only if the new exploration permit is granted by the Minister; and

(b) immediately before the grant of the new exploration permit by the Minister.

(4A) The term of the new exploration permit is the term decided by the Minister.

(4B) However, the end of the term of the new exploration permit can not be more than 15 years after—

(a) if the area of the new exploration permit is comprised of the whole or part of the area of 1 surrendered exploration permit—the day the surrendered permit was granted; or

(b) if the area of the new exploration permit is comprised of the whole or part of the area of more than 1 surrendered exploration permit—the day the earliest of the surrendered permits was granted.

(4C) For sections 147 and 147CA, if the surrendered permit mentioned in subsection (4B)(a), or the earliest of the surrendered permits mentioned in subsection (4B)(b), is a renewed exploration permit, the new exploration permit is taken to have been renewed for the same term as the surrendered permit.

272 Insertion of new ch 15, pt 15, div 1, hdg

Before section 846, as inserted by this Act—

insert—

273 Insertion of new ch 15, pt 15, div 2

Chapter 15, part 15, as inserted by this Act—

insert—

274 Amendment of sch 2 (Dictionary)

(1) Schedule 2, definitions
"protected area" and
"work program" —omit.

(2) Schedule 2 —insert—

"exceptional event", affecting an exploration permit—

(a) means an event that—

(i) affects the carrying out of authorised activities under the permit; and

(ii) is beyond the control of the holder of the permit; and

(iii) could not reasonably have been prevented by the holder of the permit; and

(b) does not include a takeover bid under the Corporations Act, chapter 6 made or proposed by another entity in relation to the holder of the permit.

"exploration project" means a project involving 2 or more exploration permits that have a unifying exploration purpose.

"work program" —

(a) for activities to be carried out under a mining claim, means a document containing the following information about the activities—

(i) the mining method to be used;

(ii) details of water storage facilities for the area of the mining claim;

(iii) information about mine workings on or to be located on the area of the claim or land adjoining the claim;

(iv) the quantity of minerals to be mined;

(v) the treatment methods to be used on the mined minerals;

(vi) details of electrical equipment and explosives to be used for the activities;

(vii) information about the proposed hours of operation and the number of employees for the activities;

(viii) details of any buildings or other structures, including, for example, sheds and temporary accommodation buildings, located or to be located in the area;

(ix) other information about the activities prescribed by regulation; or

(b) for a term of an exploration permit—see section 130AA(1).

"work program (activities-based)", for a term of an exploration permit, see section 130AA(2).

"work program (outcomes-based)", for a term of an exploration permit, see section 130AA(3).

(3) Schedule 2, definition
"closing time", ‘ section 136C (2) (b) ’—omit, insert—section 136C(2)(c)

(4) Schedule 2, definition
"land", from ‘subterranean land;’—omit, insert—subterranean land.

(5) Schedule 2, definition
"special criteria", ‘ section 136C (2) (d) (iii) ’—omit, insert—section 136C(2)(g)(ii)

275 Act amended

This part amends the Petroleum and Gas (Production and Safety) Act 2004.

276 Amendment of s 35 (Call for tenders)

(1) Section 35 (2) —insert—

(aa) the proposed term of the authority; and

(2) Section 35 (2) —insert—

(ba) that the tenders must be accompanied by a proposed initial work program for the period mentioned in paragraph (h)(ii); and

(bb) whether the proposed initial work program under paragraph (d) must be a proposed work program (activities-based) or a proposed work program (outcomes-based); and

(3) Section 35 (5), ‘ Subsection (2) (e) (i) ’—omit, insert—Subsection (2)(h)(i)

(4) Section 35 (2) (aa) to (e) —renumber as section 35 (2) (b) to (h).

277 Amendment of s 41 (Deciding whether to grant authority to prospect)

Section 41, after the note—

insert—

(3) The Minister may impose on the authority the conditions the Minister considers appropriate.

278 Amendment of s 42 (Provisions of authority to prospect)

Section 42 (3) (c) and note, (7), (8) and (9)—

omit.

279 Insertion of new s 42A

After section 42 —

insert—

42A Amendment of conditions by Minister if exceptional event

(1) This section applies if the Minister considers the conditions of an authority to prospect must be amended because of an exceptional event affecting the authority.

(2) The Minister may amend the authority by imposing a condition on, or varying or removing a condition of, the authority without application from the holder.

(3) The amendment takes effect 10 business days after the holder is given the notice or, if the notice states a later day of effect, the later day.

(4) This section does not limit section 41(3).

280 Replacement of ch 2, pt 1, div 3, sdiv 1 (Function and purpose of work program)

Chapter 2, part 1, division 3, subdivision 1 —

omit, insert—

281 Amendment of s 46 (Operation of sdiv 2)

(1) Section 46, heading, ‘ sdiv 2 ’—omit, insert—subdivision

(2) Section 46, ‘proposed work program’—omit, insert—proposed initial work program

282 Amendment of s 47 (Program period)

Section 47 (1), ‘proposed program’—

omit, insert—

proposed initial work program

283 Replacement of s 48 (General requirements)

Section 48 —

omit, insert—

48 General requirements

(1) The proposed initial work program must be of the type required under section 35(2)(e).

(2) The proposed initial work program must include—

(a) maps that show where the exploration under the proposed authority to prospect is proposed to be carried out; and

(b) reasons why the holder of the proposed authority to prospect considers the program to be appropriate; and

(c) any other information relevant to the work program criteria; and

(d) any other information prescribed by regulation.

284 Replacement of s 51 (General requirements)

Section 51 —

omit, insert—

51 General requirements

(1) The proposed later work program for an authority to prospect may be a work program (activities-based) or work program (outcomes-based).

(2) The proposed later work program must state—

(a) the extent to which the current work program for the authority to prospect has been complied with; and

(b) if there have been any amendments to the authority to prospect or the current work program—

(i) whether the changes have been incorporated in the proposed later work program; and

(ii) any effect the changes have on the proposed later work program; and

(c) the effect of any petroleum discovery on the proposed later work program.

(3) The proposed later work program must include—

(a) maps that show where the exploration under the authority to prospect is proposed to be carried out; and

(b) reasons why the holder of the authority to prospect considers the program to be appropriate; and

(c) any other information prescribed by regulation.

285 Amendment of s 52 (Program period)

(1) Section 52 (1), ‘proposed program’—omit, insert—proposed later work program

(2) Section 52 (2), ‘4 years’—omit, insert—6 years

286 Amendment of s 53 (Implementation of evaluation program for potential commercial area)

Section 53, ‘proposed program’—

omit, insert—

proposed later work program

287 Amendment of s 56 (Authority taken to have work program until decision on whether to approve proposed work program)

(1) Section 56, heading, ‘proposed work program’—omit, insert—proposed later work program

(2) Section 56 (1), ‘proposed program’—omit, insert—proposed later work program

288 Amendment of s 57 (Deciding whether to approve proposed program)

Section 57, ‘proposed program’—

omit, insert—

proposed later work program

289 Amendment of s 59 (Restrictions on amending work program)

(1) Section 59 (1) (b), after ‘ subsection (2) ’—insert—or (3)

(2) Section 59 (2) —omit, insert—

(2) For subsection (1)(b), the requirements for an amendment to extend the period of an approved initial work program for an authority to prospect are—

(a) the period of the approved initial work program has not previously been extended; and

(b) either—

(i) the Minister is satisfied the amendment is needed for a reason beyond the holder’s control; or

(ii) within 3 months before the making of the application, the authority to prospect has been transferred within the meaning of subsection (4).

(3) For subsection (1)(b), the requirements for an amendment to extend the period of an approved later work program for an authority to prospect are—

(a) the period of the approved later work program, and any earlier approved work program for the authority, has not previously been extended; and

(b) within 3 months before the making of the application, the authority to prospect has been transferred within the meaning of subsection (4).

(4) For subsection (2) and (3), an authority to prospect is transferred only if—

(a) a person (the
"designated person") became a holder of the authority as a result of—

(i) an application having been made, under the Common Provisions Act, for approval to register a transfer of a share in the authority; and

(ii) approval to register the transfer having been given under that Act; and

(b) the share, or proposed share, of the designated person in the authority is at least 50%; and

(c) the designated person is not, under the Corporations Act, section 64B, an entity connected with another person who is a holder of the authority.

(5) An amendment under this section to extend the period of a work program may be granted only if the extended period ends no later than—

(a) 1 year after the current period of the work program; or

(b) 12 years after the authority originally took effect.

290 Amendment of s 62 (Deciding application)

(1) Section 62 (2) (a), after ‘ section 59 (2) ’—insert—or (3)

(2) Section 62 (2) (b), ‘ section 59 (2) ’—omit, insert—section 59(4)

(3) Section 62 (4), ‘any’—omit, insert—the

(4) Section 62 (5) —omit, insert—

(5) A deferral under subsection (4) can not be for longer than 12 years after the authority took effect.

291 Omission of ch 2, pt 1, div 3, sdiv 7 (Special statutory extension of work programs)

Chapter 2, part 1, division 3, subdivision 7 —

omit.

292 Insertion of new s 64A

Before section 65 —

insert—

64A What is the relinquishment day The
"relinquishment day", for an authority to prospect, is the day before the sixth anniversary of the day the authority took effect.

293 Amendment of s 65 (Standard relinquishment condition)

(1) Section 65 (1) (a), ‘each of its relinquishment days’—omit, insert—the relinquishment day for the authority

(2) Section 65 (2) —omit, insert—

(2) However, if, under section 62(4), the relinquishment day for the authority (the
"original day") is deferred for a stated period, for the relinquishment condition, the relinquishment that was required on or before the original day is taken to have been deferred until the end of the stated period.

294 Amendment of s 66 (Part usually required to be relinquished)

Section 66 (2) —

omit, insert—

(2) The holder must relinquish 50% of the original notional sub-blocks of the authority to prospect by the end of the relinquishment day.

295 Amendment of s 68 (Adjustments for sub-blocks that can not be counted)

Section 68 (1), ‘a relinquishment day’—

omit, insert—

the relinquishment day for an authority to prospect

296 Amendment of s 70 (Relinquishment must be by blocks)

(1) Section 70, heading, after ‘blocks’—insert—or sub-blocks

(2) Section 70 (1) —omit, insert—

(1) A relinquishment under the relinquishment condition—

(a) may be by blocks or sub-blocks; and

(b) must be of at least 1 block.

(3) Section 70 (2), ‘ subsection (1) ’—omit, insert—subsection (1)(b)

297 Replacement of s 78 (Compliance with exploration activities in work program)

Section 78 —

omit, insert—

78 Compliance with work program The holder of an authority to prospect must comply with the work program for the authority.

298 Amendment of s 84 (Deciding application)

(1) Section 84 (2) (b) (iii) (A), note—omit, insert— Note—See sections 35(2)(h)(iii) and 43.

(2) Section 84 —insert—

(4A) Subsection (6) applies if, after considering the proposed later work program mentioned in subsection (2)(a), the Minister considers a work program of another type mentioned in section 45(1) is more appropriate for the exploration of the area of the permit, if renewed.

(4B) Before deciding the application, the Minister may, by written notice given to the applicant, require the applicant to give the Minister, within the reasonable period stated in the notice, a proposed work program of another type mentioned in section 45(1) for the further term of the permit, if renewed.

(3) Section 84 (4A) to (6) —renumber as section 84 (5) to (8).

299 Amendment of s 85 (Provisions and term of renewed authority)

(1) Section 85 (4) —omit.

(2) Section 85 (9), ‘ subsection (8) (b) ’—omit, insert—subsection (7)(b)

(3) Section 85 (5) to (9) —renumber as section 85 (4) to (8).

300 Amendment of s 89 (Applying for potential commercial area)

(1) Section 89 —insert—

(3A) However, each part to which the application relates must be part of the same authority to prospect.

(2) Section 89 (5), ‘ subsection (4) (a) ’—omit, insert—subsection (5)(a)

(3) Section 89 (3A) to (5) —renumber as section 89 (4) to (6).

301 Amendment of s 90 (Deciding potential commercial area application)

(1) Section 90 (1), note—omit, insert— Note—See section 85.

(2) Section 90 (2) —omit, insert—

(2) Also, the area declared must form a single parcel of land.

302 Amendment of s 105 (Deciding application)

Section 105 (2) (b) (iii), note—

omit, insert—

303 Insertion of new ch 2, pt 1, div 8, sdiv 2A

Chapter 2, part 1, division 8 —

insert—

304 Amendment of s 107A (Application for special amendment)

(1) Section 107A (2) —omit, insert—

(1A) However, the holder may apply for the special amendment only if the special amendment is necessary because of—

(a) an exceptional event affecting the authority; or

(b) circumstances arising from the authority forming part of an exploration project.

(2) The application must state the event mentioned in subsection (2)(a), or the circumstances mentioned in subsection (2)(b), and how the event or circumstances justify the special amendment.

(2) Section 107A (1A) to (3) —renumber as section 107A (2) to (4).

305 Amendment of s 107D (Approval of special amendment)

Section 107D (1), ‘in the circumstances’—

omit, insert—

by an event mentioned in section 107A(2)(a) or circumstances mentioned in section 107A(2)(b)

306 Amendment of s 168 (Area of petroleum lease)

Section 168 (8) —

omit.

307 Insertion of new ch 2, pt 2, div 7, sdiv 1A

Chapter 2, part 2, division 7 —

insert—

308 Amendment of s 173 (Deciding application)

Section 173 (2) (b) (iv), note—

omit, insert—

309 Amendment of s 332 (Right to apply for petroleum lease)

Section 332 (2), ‘ section 168 (4) to (8) ’—

omit, insert—

section 168(4) to (7)

310 Amendment of s 352 (Right to apply for petroleum lease)

Section 352 (2), ‘ section 168 (4) to (8) ’—

omit, insert—

section 168(4) to (7)

311 Insertion of new ch 15, pt 24

Chapter 15 —

insert—

312 Amendment of sch 1 (Reviews and appeals)

(1) Schedule 1, table 2, entry for authorities to prospect—insert—

107AE(2)

Refusal to declare amalgamated potential commercial area for authority to prospect

Land Court

(2) Schedule 1, table 2, entry for petroleum leases—insert—

170F(2)

Refusal to grant amalgamated lease

Land Court

313 Amendment of sch 2 (Dictionary)

(1) Schedule 2, definitions
"2-year extension",
"current work program",
"extended remaining period" and
"work program" —omit.

(2) Schedule 2 —insert—

"amalgamated lease", for chapter 2, part 2, division 7, subdivision 1A, see section 170B(1).

"amalgamated potential commercial area", for chapter 2, part 1, division 8, subdivision 2A, see section 107AA.

"exceptional event", affecting an authority to prospect—

(a) means an event that—

(i) affects the carrying out of authorised activities under the authority; and

(ii) is beyond the control of the holder of the authority; and

(iii) could not reasonably have been prevented by the holder of the authority; and

(b) does not include a takeover bid under the Corporations Act, chapter 6 made or proposed by another entity in relation to the holder of the authority.

"individual lease", for chapter 2, part 2, division 7, subdivision 1A, see section 170B(1).

"relinquishment day", for an authority to prospect, see section 64A.

"work program", for an authority to prospect, see sections 23 and 45(1).

"work program (activities-based)" see section 45(2).

"work program (outcomes-based)" see section 45(3).

(3) Schedule 2, definition
"closing time", ‘ section 35 (2) (c) ’—omit, insert—section 35(2)(f)

(4) Schedule 2, definition
"special criteria", ‘ section 35 (2) (e) (iii) ’—omit, insert—section 35(2)(h)(iii)

314 Act amended

This part amends the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009.

315 Amendment of s 53AQ (Provision about service areas—after water netserv plan is in effect)

Section 53AQ (2) and (3) —

omit, insert—

(2) For a relevant provision—

(a) the distributor-retailer’s connection area is taken to be a service area, for both a retail water service and a sewerage service, within the meaning of the Water Supply Act; and

(b) the distributor-retailer is taken to be the service provider for the service area, for both a retail water service and a sewerage service, within the meaning of the Water Supply Act.

(3) In this section—

"relevant provision" means the following provisions of the Water Supply Act —

(a) section 161(9);

(b) chapter 2, part 5, divisions 3 and 5;

(c) schedule 3, definition
"retail water service".

316 Amendment of s 92DB (Provision about service areas—after water netserv plan is in effect)

Section 92DB (2) and (3) —

omit, insert—

(2) The Water Supply Act, section 161(2) does not apply to the withdrawn council.

(3) For a relevant provision—

(a) the withdrawn council’s connection area is taken to be a service area, for both a retail water service and a sewerage service, within the meaning of the Water Supply Act; and

(b) the withdrawn council is taken to be the service provider for the service area, for both a retail water service and a sewerage service, within the meaning of the Water Supply Act.

(4) In this section—

"relevant provision" means the following provisions of the Water Supply Act —

(a) section 161(9);

(b) chapter 2, part 5, divisions 3 to 5;

(c) schedule 3, definition
"retail water service".

317 Amendment of s 99BRCK (Requirements for infrastructure charges notice)

Section 99BRCK (2) —

omit, insert—

(2) The infrastructure charges notice must—

(a) state the date of the notice; and

(b) state any review or appeal rights the recipient of the notice has in relation to the notice; and Note—See chapter 4C, part 4 for reviews and appeals in relation to a decision to give an infrastructure charges notice.

(c) include or be accompanied by any other information prescribed by regulation.

318 Amendment of ch 6, hdg (Transitional provisions)

Chapter 6, heading, after ‘Transitional’—

insert—

and validation

319 Insertion of new ch 6, pt 12

Chapter 6 —

insert—

320 Act amended

This part amends the South East Queensland Water (Restructuring) Act 2007.

321 Amendment of s 13 (Delegation)

(1) Section 13 —insert—

(1A) A person to whom a function is delegated under subsection (1) may subdelegate the function to an appropriately qualified employee.

(2) Section 13 (1A) and (2) —renumber as section 13 (2) and (3).

322 Amendment of s 36 (Quarterly reports)

Section 36 (2) (a), ‘6 weeks’—

omit, insert—

1 month

323 Replacement of s 56 (Meaning of community service obligations)

Section 56 —

omit, insert—

56 Meaning of community service obligations The
"community service obligations" of the Authority are the obligations to perform activities that—

(a) the board establishes to the satisfaction of the responsible Ministers—

(i) are not in the Authority’s commercial interests to perform; and

(ii) either—

(A) arise because of a request or direction under section 46 or a direction under section 50, 58 or 61; or

(B) the Authority is required to perform under another Act; or

(b) are stated in the operational plan as community service obligations of the Authority.

324 Act amended

This part amends the Water Act 2000.

325 Amendment of s 40 (Chief executive may release unallocated water)

Section 40 (2) —

insert—

326 Amendment of s 106 (What is a water licence)

Section 106 (2) to (4) —

omit, insert—

(2) A water licence attaches to the water licensee’s land unless—

(a) the licensee is a prescribed entity; or

(b) the water licence is an associated water licence granted under chapter 9, part 8, division 2.

(3) Unless this Act provides otherwise, a water licence may be amended, renewed, reinstated, relocated, transferred, amalgamated, subdivided, surrendered, cancelled or repealed.

327 Replacement of s 109 (When application may not be made)

Section 109 —

omit, insert—

109 When application may not be made

(1) An application can not be made for a water licence—

(a) for an activity the applicant is authorised to do under part 3, division 1; or

(b) in relation to the release of unallocated water.

(2) Subsection (1)(b) does not apply to an application that is part of a process prescribed under section 40(2).

328 Amendment of s 112 (Public notice of application for water licence)

Section 112 (4) (b), after ‘where’—

insert—

, including on the department’s website or on the Queensland Government business and industry portal,

329 Amendment of s 134 (Amendment of water licence after show cause process)

Section 134 (2) (d), ‘or change’—

omit.

330 Amendment of s 241 (Referral panels)

(1) Section 241 (1) (c) —omit, insert—

(c) water licences to be granted or amended under section 116 or 133; or

(ca) water allocations to be granted under section 147; or

(2) Section 241 (1) (ca) to (f) —renumber as section 241 (1) (d) to (g).

331 Replacement of ch 4, pt 4, div 1 (Appointment etc. of board of directors)

Chapter 4, part 4, division 1 —

omit, insert—

332 Amendment of s 782 (Compliance with compliance notice)

Section 782, penalty—

omit, insert—

333 Insertion of new s 808A

After section 808 —

insert—

808A Taking water in excess of volume or rate allowed under water entitlement

(1) The holder of a water entitlement must not, in a period, take a volume of water more than the volume of water allowed to be taken under the water entitlement in the period.

(2) The holder of a water entitlement must not take water at a rate more than the rate at which water is allowed to be taken under the entitlement.

334 Replacement of s 816 (Unauthorised water bore activities)

Section 816 —

omit, insert—

816 Unauthorised water bore drilling activities

(1) An individual must not carry out a water bore drilling activity, other than an exempt activity, unless the individual is—

(a) licensed under chapter 8, part 2B to carry out the activity; or

(b) under the constant physical supervision of an individual who is licensed under chapter 8, part 2B to carry out the activity; or

(c) lawfully carrying out the activity under—

(i) the Mineral Resources Act, section 334ZQ; or

(ii) the Petroleum Act 1923, section 75K; or

(iii) the Petroleum and Gas Act, section 282.

(2) In this section—

"exempt activity" means a water bore drilling activity that would not result in a water bore being more than 6m deep.

"water bore drilling activity" means any of the following activities—

(a) drilling, deepening, enlarging or casing a water bore;

(b) removing, replacing, altering or repairing the lining or screen of a water bore;

(c) removing, replacing, altering or repairing the casing of a water bore, other than a subartesian bore casing less than 1.2m below the surface;

(d) decommissioning a water bore.

335 Insertion of new s 829

After section 828 —

insert—

829 Persons taken to have committed particular offences

(1) This section applies if—

(a) more than 1 person is the holder of a particular water entitlement; or

(b) more than 1 water entitlement holder takes water through particular works that have an approved meter attached.

(2) If subsection (1)(a) applies and the taking of water purportedly under the water entitlement constitutes an offence, each water entitlement holder is taken to have committed the offence.

(3) If subsection (1)(b) applies and the taking of water through the works constitutes an offence, each water entitlement holder is taken to have committed the offence.

(4) However, a person (the
"first person") is not liable, under this section, for an offence constituted by the taking of the water mentioned in subsections (2) or (3) if—

(a) another person, including, for example, another holder of the water entitlement, makes a written admission stating the other person committed the offence; or

(b) the chief executive is reasonably satisfied—

(i) the water was taken by another person, including, for example, another holder of the water entitlement; and

(ii) the first person was not associated with the other person at the time the offence was committed, and

(iii) the first person took all reasonable steps to prevent the water being taken.

(5) For subsection (4)(b), the first person is associated with the other person if the other person is the employee, or agent of, or a contractor for, the first person.

336 Amendment of s 1014 (Regulation-making power)

Section 1014 (2) (c) —

insert—

(v) processes for ensuring faults in meters are identified and repaired; and

337 Amendment of s 1235 (Term of existing water licence)

Section 1235 —

insert—

338 Insertion of new ch 9, pt 12

Chapter 9 —

insert—

339 Amendment of sch 4 (Dictionary)

(1) Schedule 4, definitions
"criminal history" and
"properly made submission" —omit.

(2) Schedule 4 —insert—

"criminal history", of a person, means the person’s criminal history as defined under the Criminal Law (Rehabilitation of Offenders) Act 1986, other than spent convictions.

"properly made submission" means a submission that—

(a) is made by an entity invited to make the submission; and

(b) is in writing and signed by each entity that made the submission; and

(c) is received on or before the last day for the making of the submission; and

(d) states the name and address of each entity that made the submission; and

(e) states the grounds of the submission and the facts and circumstances relied on in support of the grounds; and

(f) is received by the person stated in the notice inviting the submission.

"Queensland Government business and industry portal" means a website with a URL that contains ‘qld.gov.au’, other than the website of a local government, and that relates to business and industry.

"spent conviction" means a conviction—

(a) for which the rehabilitation period under the Criminal Law (Rehabilitation of Offenders) Act 1986 has expired under that Act; and

(b) that is not revived as prescribed by section 11 of that Act.

(3) Schedule 4, definition
"submitter", ‘a person’—omit, insert—an entity

(4) Schedule 4, definition
"water sharing rules", paragraph (a), ‘rules included’—omit, insert—rules that apply to the water entitlement or other authorisation that are included

(5) Schedule 4, definition
"water sharing rules", paragraph (c), ‘rules prescribed’—omit, insert—rules that apply to the water licence or other authorisation that are prescribed

340 Act amended

This part amends the Water Supply (Safety and Reliability) Act 2008.

341 Amendment of s 30A (Ownership and operation of service provider’s infrastructure that is part of land)

Section 30A (3) —

omit.

342 Replacement of s 160 (Application of pt 5)

Section 160 —

omit, insert—

160 Definition for pt 5 In this part—

"service provider", for a retail water service or sewerage service in a service area, means an entity declared under section 161 to be the service provider for the service in the service area. Note—See also the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009, sections 53AQ and 92DB.

343 Replacement of s 161 (Declaration of service area)

Section 161 —

omit, insert—

161 Declaration of service area

(1) Subsection (2) applies if a local government, or a local government entity, supplies a reticulated water service or sewerage service in all or part of the local government area for the local government (a
"relevant area").

(2) The local government must, by resolution, declare—

(a) the relevant area to be a service area for the reticulated water service or the sewerage service; and

(b) the local government, or the local government entity, to be the service provider for the service in the service area.

(3) The declaration under subsection (2) must be made within 1 year after the local government, or the local government entity, first supplies the reticulated water service or the sewerage service in the relevant area. Note—See also section 676.

(4) Also, the local government may, by resolution, declare—

(a) all or part of the local government area for the local government, other than a relevant area, to be a service area for a reticulated water service or sewerage service; and

(b) a stated service provider to be the service provider for the service in the service area.

(5) A local government must not declare an entity, other than the local government or a local government entity, to be the service provider for a reticulated water service or sewerage service in all or part of the local government area for the local government unless the other entity agrees in writing to the declaration before the declaration is made.

(6) A local government may, by resolution, amend a declaration made under this section by adding an area to, or removing an area from, the service area.

(7) The local government must not amend a declaration made under this section without the written agreement of the service provider unless the service provider is the local government or a local government entity.

(8) A resolution under this section takes effect on—

(a) if the declaration states a day—the stated day; or

(b) otherwise—the day the declaration is made.

(9) A local government must not declare an area to be a service area for a retail water service or a sewerage service if the area is already a service area for a service of the same type.

(10) In this section—

"reticulated water service" —

(a) means a water service that is the reticulation of water; but

(b) does not include—

(i) an irrigation service or bulk water service in any area; or

(ii) the supply of recycled water in any area.

344 Amendment of s 162 (Notice of declaration of service area)

Section 162 —

insert—

(c) give the regulator a copy of the notice.

345 Amendment of s 167 (Owner may ask for connection to service provider’s infrastructure)

Section 167 —

insert—

(4) This section does not apply to a service provider that is a distributor-retailer.

346 Amendment of s 168 (Notice requiring connection to registered service)

Section 168 —

insert—

(5) This section does not apply to a service provider that is a distributor-retailer.

347 Amendment of s 301 (Making declaration)

Section 301 (2) (c) —

omit.

348 Amendment of s 352K (Approval of plan)

Section 352K (3), from ‘ section 352F ’—

omit, insert—

section 352F or 352S, the chief executive has not decided to approve, or refuse to approve, the plan.

349 Amendment of s 352Q (Amending plan by agreement)

(1) Section 352Q —insert—

(1A) Without limiting subsection (1)(b), the owner may, within 10 business days after a change in ownership of the dam, ask the chief executive to amend the approved emergency action plan to—

(a) record the change in ownership of the dam; and

(b) make other changes to the plan required because of the change in ownership.

(2) Section 352Q (4), ‘given the owner notice of the decision’—omit, insert—decided to approve or refuse to approve the amendment

350 Amendment of s 352S (Renewal of plan)

(1) Section 352S (2), ‘1 month’—omit, insert—2 months

(2) Section 352S —insert—

(3) The chief executive must decide to approve or refuse to approve the new emergency action plan under subdivision 4.

351 Replacement of s 366 (Sections 366–369 not used)

Section 366 —

omit, insert—

366 Changes in dam ownership

(1) This section applies if there is a change in ownership of—

(a) a referable dam; or

(b) a dam that has been failure impact assessed under this part and of which a further failure impact assessment is required to be completed under section 345(2)(b).

(2) The former owner of the dam must, within 10 business days after the change in ownership of the dam, give the chief executive notice of the change. Note—Under chapter 5, part 8, division 2, the chief executive, regulator or an authorised officer may give a person a compliance notice if the chief executive, regulator or authorised officer reasonably believes the person is contravening a provision of this Act.

(3) The notice must state—

(a) the name of the dam; and

(b) the date of the change in ownership; and

(c) the real property description of the land on which the dam is situated; and

(d) contact details for the new owner, including, for example, the new owner’s name and address; and

(e) if the new owner is a corporation—

(i) the new owner’s ABN or ACN; and

(ii) the name of the new owner’s chief executive officer (however described).

(4) The former owner of the dam must ensure all relevant documentation for the dam is given to the new owner of the dam within 10 business days after the change in ownership of the dam. Note—Under chapter 5, part 8, division 2, the chief executive, regulator or an authorised officer may give a person a compliance notice if the chief executive, regulator or authorised officer reasonably believes the person is contravening a provision of this Act.

(5) In this section—

"relevant documentation", for a dam, means—

(a) documentation required for the dam under chapter 4, including, for example, documentation required for the dam under a safety condition; or

(b) documentation under chapter 5 that relates to the dam, including, for example, a compliance notice relating to the dam.

367 Sections 367–369 not used See editor’s note for section 1.

352 Amendment of s 390 (Minister may declare temporary full supply level)

Section 390 (4) (b) (ii), ‘6 months’—

omit, insert—

1 year

353 Insertion of new ch 10, pt 12

Chapter 10 —

insert—

354 Amendment of sch 3 (Dictionary)

(1) Schedule 3, definition
"service provider" —omit.

(2) Schedule 3 —insert—

"local government entity" see the Local Government Act 2009, section 216A.

"service provider" —

(a) of a retail water service or sewerage service in a service area, for chapter 2, part 5, see section 160; or

(b) generally—means a water service provider or a sewerage service provider.

(3) Schedule 3, definition
"sewerage service", paragraph 2(b)(ii), ‘under the Body Corporate and Community Management Act 1997 ’—omit, insert—, however described, established under an Act

(4) Schedule 3, definition
"sewerage service", paragraph 2(b)(ii)—insert— Examples of body corporates for community title schemes—

• a body corporate under the Body Corporate and Community Management Act 1997

• a community body corporate or a precinct body corporate under the Mixed Use Development Act 1993

• the primary thoroughfare body corporate or the principal body corporate under the Sanctuary Cove Resort Act 1985

(5) Schedule 3, definition
"water service", paragraph 2(b)(ii), ‘under the Body Corporate and Community Management Act 1997 ’—omit, insert—, however described, established under an Act

(6) Schedule 3, definition
"water service", paragraph 2(b)(ii)—insert— Examples of body corporates for community title schemes—

• a body corporate under the Body Corporate and Community Management Act 1997

• a community body corporate or a precinct body corporate under the Mixed Use Development Act 1993

• the primary thoroughfare body corporate or the principal body corporate under the Sanctuary Cove Resort Act 1985

355 Act amended

This part amends the Electricity Act 1994.

356 Amendment of s 259A (Regulation may declare a State electricity entity)

Section 259A, heading, after ‘entity’—

insert—

for particular purposes

357 Amendment of sch 5 (Dictionary)

Schedule 5, definition
"State electricity entity", paragraph (b) —

omit, insert—

(b) an entity that is a GOC, a GOC subsidiary or a government company if—

(i) the activities of the entity relate to the electricity industry, or the national electricity market within the meaning of the National Electricity (Queensland) Law; and

(ii) the entity is declared by regulation to be a State electricity entity; or

(c) Ergon Energy Retail.

358 Act amended

This part amends the Right to Information Act 2009.

359 Amendment of sch 2 (Entities to which this Act does not apply)

Schedule 2, part 2 —

insert—

13A CleanCo Queensland Limited ACN 628 008 159, or a subsidiary of CleanCo Queensland Limited, in relation to its functions, except so far as they relate to community service obligations

360 Legislation amended

Schedule 1 amends the legislation it mentions.