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Queensland
Natural Resources and Other
Legislation Amendment
Bill (No. 2) 2010
Queensland
Natural Resources and Other Legislation
Amendment Bill (No. 2) 2010
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Part 2 Amendment of Alcan Queensland Pty. Limited Agreement
Act 1965
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
4 Amendment of s 2 (Execution of agreement authorised) . . . . . . . 8
5 Amendment of s 4 (Variation of agreement). . . . . . . . . . . . . . . . . 9
6 Insertion of new s 4C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
4C Authorisation of variation by further agreement . . . . . 9
7 Amendment of the schedule (The Agreement) . . . . . . . . . . . . . . 9
8 Insertion of new schs 2 and 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Schedule 2 Proposed further agreement
Schedule 3 Proposed further agreement
Part 3 Amendment of Commonwealth Aluminium Corporation Pty.
Limited Agreement Act 1957
9 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
10 Amendment of s 2 (Execution of agreement authorised) . . . . . . . 15
11 Amendment of s 4 (Variation of agreement). . . . . . . . . . . . . . . . . 15
12 Insertion of new s 4C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
4C Authorisation of variation by further agreement . . . . . 16
13 Amendment of schedule. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
14 Insertion of new schs 2 and 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Schedule 2 Proposed further agreement
Schedule 3 Proposed further agreement
Natural Resources and Other Legislation Amendment Bill (No. 2) 2010
Contents
Part 4 Amendment of Environmental Protection Act 1994
15 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
16 Insertion of new s 312W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
312W Statutory conditions of environmental authority
(chapter 5A activities). . . . . . . . . . . . . . . . . . . . . . . . . 23
17 Amendment of s 320 (Duty to notify environmental harm) . . . . . . 24
18 Insertion of new s 320A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
320A Duty to notify of negative impact on, or
interconnection with, aquifers . . . . . . . . . . . . . . . . . . . 25
19 Amendment of s 616D (Changing conditions of transitional
authority (SAA)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
20 Amendment of s 616H (Requirement to apply for new authority
or amend etc. transitional authority (SAA)) . . . . . . . . . . . . . . . . . 26
21 Amendment of s 616M (End of transitional authority (SAA)) . . . . 27
22 Amendment of s 616N (Application of sdiv 5) . . . . . . . . . . . . . . . 27
23 Amendment of s 616R (Application of sdiv 6) . . . . . . . . . . . . . . . 27
Part 5 Amendment of Geothermal Energy Act 2010
24 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
25 Amendment of s 464 (Insertion of new pt 19, div 13, sdiv 2) . . . . 28
26 Amendment of s 465 (Insertion of new sch 1) . . . . . . . . . . . . . . . 29
Part 6 Amendment of Holidays Act 1983
27 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
28 Amendment of s 4 (Special holidays) . . . . . . . . . . . . . . . . . . . . . . 30
Part 7 Amendment of Mineral Resources Act 1989
29 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
30 Insertion of new s 140A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
140A Obligation to consult with particular owners and
occupiers ............................ 31
31 Insertion of new s 193A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
193A Obligation to consult with particular owners and
occupiers ............................. 32
32 Replacement of s 397 (Liability of owner restricted) . . . . . . . . . . 32
397 Limitation of owner's or occupier's tortious liability for
authorised activities . . . . . . . . . . . . . . . . . . . . . . . . . . 32
397A Duty to avoid interference in carrying out authorised
activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
397B Obstruction of mining tenement holder . . . . . . . . . . . 33
Page 2
Natural Resources and Other Legislation Amendment Bill (No. 2) 2010
Contents
Part 8 Amendment of Nature Conservation Act 1992
33 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
34 Amendment of s 89 (Restriction on taking etc. particular
protected plants). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Part 9 Amendment of Petroleum Act 1923
35 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
36 Amendment of s 76G (Power to require information or reports
about authorised activities to be kept or given) . . . . . . . . . . . . . . 37
37 Insertion of new ss 76GA and 76GB . . . . . . . . . . . . . . . . . . . . . . 38
76GA Giving copy of required notice by publication . . . . . . . 38
76GB Copy of particular notices for chief executive
(environment) ........................... 39
Part 10 Amendment of Petroleum and Gas (Production and Safety)
Act 2004
38 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
39 Amendment of s 553 (Power to require information or reports
about authorised activities to be kept or given) . . . . . . . . . . . . . . 40
40 Insertion of new ss 553A and 553B . . . . . . . . . . . . . . . . . . . . . . . 40
553A Giving copy of required notice by publication . . . . . . . 40
553B Copy of particular notices for chief executive
(environment) ............................ 41
Part 11 Amendment of South Bank Corporation Act 1989
41 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
42 Amendment of sch 15 (Commercial precinct) . . . . . . . . . . . . . . . 42
Part 12 Amendment of Vegetation Management Act 1999
43 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
44 Amendment of s 11 (Minister must make regional vegetation
management codes). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
45 Amendment of s 20AH (Deciding to show particular areas as
remnant vegetation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
46 Amendment of s 20CA (Process before making PMAV) . . . . . . . 45
47 Insertion of new pt 2, div 5B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Division 5B Area management plans
Subdivision 1 Preliminary
20I Definitions for div 5B. . . . . . . . . . . . . . . . . . . . . . . . . . 46
20J What is an area management plan . . . . . . . . . . . . . . 47
20K What is an existing planning document . . . . . . . . . . . 47
20L What is restricted (fodder harvesting) land. . . . . . . . . 48
Page 3
Natural Resources and Other Legislation Amendment Bill (No. 2) 2010
Contents
Subdivision 2 Approval of plans and accreditation of
planning documents
20M Application for approval of draft plan or accreditation
of planning document . . . . . . . . . . . . . . . . . . . . . . . . . 48
20N Further information or documents for application. . . . 49
20O Deciding applications . . . . . . . . . . . . . . . . . . . . . . . . . 49
20P Criteria for approving draft plan or accrediting
planning document . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
20Q Mandatory condition on approval of draft plan or
accreditation of planning document . . . . . . . . . . . . . . 51
20R Imposing additional condition on approval of draft
plan ................................. 52
20S Other requirements for approving draft plan. . . . . . . . 52
20T Other requirements for accrediting existing
planning document . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
20U Refusing to approve draft plan or accredit planning
document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
Subdivision 3 Keeping plans
20V Register of area management plans . . . . . . . . . . . . . 54
Subdivision 4 Notifying clearing under plans
20W Requirement to give clearing notification . . . . . . . . . . 55
20X Offence to clear vegetation under plan without
clearing notification. . . . . . . . . . . . . . . . . . . . . . . . . . . 56
20Y Register of area management clearing notifications . 56
Subdivision 5 Duration of plans
20Z When area management plan ends . . . . . . . . . . . . . . 57
Subdivision 6 Amending plans
20ZA Definition for sdiv 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
20ZB Amendment by chief executive. . . . . . . . . . . . . . . . . . 57
20ZC Amendment application for particular plans . . . . . . . . 59
48 Amendment of s 30 (Power to enter places) . . . . . . . . . . . . . . . . 60
49 Amendment of s 63A (Review decision). . . . . . . . . . . . . . . . . . . . 61
50 Amendment of s 63B (Who may apply for external review) . . . . . 61
51 Amendment of s 70AB (Copies of documents to be available for
inspection and purchase) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
52 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 61
Part 13 Amendment of Water Act 2000
53 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
54 Insertion of new ch 8, pt 3C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
Page 4
Natural Resources and Other Legislation Amendment Bill (No. 2) 2010
Contents
Part 3C Authorities under particular special agreement
Acts
992G Definitions for pt 3C . . . . . . . . . . . . . . . . . . . . . . . . . . 63
992H Application of pt 3C . . . . . . . . . . . . . . . . . . . . . . . . . . 64
992I Continuation of authority and grant of water licence
to replace authority. . . . . . . . . . . . . . . . . . . . . . . . . . . 65
992J Amendment of water licence that replaces authority . 66
55 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 67
Page 5
2010
A Bill
for
An Act to amend the Alcan Queensland Pty. Limited Agreement
Act 1965, the Commonwealth Aluminium Corporation Pty.
Limited Agreement Act 1957, the Environmental Protection Act
1994, the Geothermal Energy Act 2010, the Holidays Act 1983,
the Mineral Resources Act 1989, the Nature Conservation Act
1992, the Petroleum Act 1923, the Petroleum and Gas
(Production and Safety) Act 2004, the South Bank Corporation
Act 1989, the Vegetation Management Act 1999 and the Water
Act 2000, for particular purposes
Natural Resources and Other Legislation Amendment Bill (No. 2) 2010
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Natural Resources and Other 4
Legislation Amendment Act (No. 2) 2010. 5
Clause 2 Commencement 6
This Act, other than part 5, commences on a day to be fixed 7
by proclamation. 8
Part 2 Amendment of Alcan 9
Queensland Pty. Limited 10
Agreement Act 1965 11
Clause 3 Act amended 12
This part amends the Alcan Queensland Pty. Limited 13
Agreement Act 1965. 14
Clause 4 Amendment of s 2 (Execution of agreement authorised) 15
Section 2, `the schedule to this Act (the agreement).'-- 16
omit, insert-- 17
`schedule 1 (the agreement). 18
Note-- 19
Since the making of the agreement, Alcan Queensland Pty. Limited has 20
changed its name to Alcan South Pacific Pty Ltd.'. 21
Page 8
Natural Resources and Other Legislation Amendment Bill (No. 2) 2010
Part 2 Amendment of Alcan Queensland Pty. Limited Agreement Act 1965
[s 5]
Clause 5 Amendment of s 4 (Variation of agreement) 1
Section 4(1) to (3)-- 2
omit, insert-- 3
`(1) The agreement may be varied only-- 4
(a) by further agreement between the State and the 5
company; and 6
(b) under the authority of an Act. 7
`(2) A variation of the agreement purported to be made other than 8
under subsection (1) is of no effect. 9
`(3) The Minister must notify the date of the making of each 10
further agreement by gazette notice.'. 11
Clause 6 Insertion of new s 4C 12
Before section 5-- 13
insert-- 14
`4C Authorisation of variation by further agreement 15
`The agreement may be varied by further agreements 16
corresponding to the proposed further agreements set out in 17
schedules 2 and 3.'. 18
Clause 7 Amendment of the schedule (The Agreement) 19
(1) The schedule, heading-- 20
omit, insert-- 21
`Schedule 1 The Agreement 22
section 2'. 23
(2) The schedule, heading, editor's note, `Editor's note'-- 24
omit, insert-- 25
`Note'. 26
Page 9
Natural Resources and Other Legislation Amendment Bill (No. 2) 2010
Part 2 Amendment of Alcan Queensland Pty. Limited Agreement Act 1965
[s 8]
(3) The schedule-- 1
number as schedule 1. 2
Clause 8 Insertion of new schs 2 and 3 3
After schedule 1, as numbered-- 4
insert-- 5
`Schedule 2 Proposed further agreement 6
section 4C 7
THIS AGREEMENT is made this ____ day of __________, 20__ 8
BETWEEN STATE OF QUEENSLAND 9
AND 10
ALCAN SOUTH PACIFIC PTY LTD (FORMERLY ALCAN 11
QUEENSLAND PTY LIMITED), ACN 009 726 078, Level 2, 443 12
Queen Street, Brisbane in the State of Queensland (the Company). 13
BACKGROUND: 14
1. Under section 2 of the Alcan Queensland Pty Limited Agreement 15
Act 1965 (the Act), the State and the Company entered into the 16
agreement set out in Schedule 1 of the Act (the Principal 17
Agreement). 18
2. The Principal Agreement may be varied by agreement between the 19
Minister and the Company if authorised under the Act. 20
3. The State and the Company wish to vary the Principal Agreement. 21
IT IS AGREED THAT-- 22
1. The first paragraph of the Recitals of the Principal Agreement is 23
amended by deleting the words "(hereinafter with its successors 24
and permitted assigns called "the Company"); 25
2. Clause 1 of the Principal Agreement is amended by inserting the 26
following definition - "The Company" means "Alcan South Pacific 27
Page 10
Natural Resources and Other Legislation Amendment Bill (No. 2) 2010
Part 2 Amendment of Alcan Queensland Pty. Limited Agreement Act 1965
[s 8]
Pty Ltd (ACN 009 726 078) (formerly Alcan Queensland Pty 1
Limited) and its successors and assigns". 2
3. Clause 1 of the Principal Agreement is amended by-- 3
(a) replacing the definition of "Comalco" with the following 4
definition - ` "Comalco" means Rio Tinto Aluminium 5
Limited (ACN 009 679 127), RTA Weipa Pty Ltd (ACN 137 6
266 285), and their successors and assigns;' and 7
(b) replacing the definition of "the Minister" with the following 8
definition - ` "the Minister" means the Minister of the State of 9
Queensland responsible for the administration of the Act;'. 10
4. Clause 3 of the Principal Agreement is deleted and replaced with 11
new clause 3, which provides-- 12
`The agreement may be varied only-- 13
(a) by further written agreement between the State and the 14
company; and 15
(b) under the authority of the Act. 16
5. This Agreement comes into effect on and from the date notified by 17
the Minister (being the Minister of the State of Queensland 18
responsible for the administration of the Act) in the Government 19
Gazette or, if no date is specified, on the date of the gazettal. 20
IN WITNESS WHEREOF the Parties hereto have executed these 21
presents on the day and year aforesaid. 22
23
S I G N E D ON BEHALF OF THE STATE OF
QUEENSLAND BY THE HONOURABLE
_________________________________________,
MINISTER FOR
_________________________________________
24
In the presence of 25
26
27
In the presence of 28
Page 11
Natural Resources and Other Legislation Amendment Bill (No. 2) 2010
Part 2 Amendment of Alcan Queensland Pty. Limited Agreement Act 1965
[s 8]
1
2
Executed in accordance with section 127 3
of the Corporations Act 2001 by Alcan 4
South Pacific Pty Ltd (ACN 009 726 078): 5
6
7
________________________ ________________________ 8
Director Signature Director/Secretary signature 9
10
________________________ ________________________ 11
Print Name Print Name 12
`Schedule 3 Proposed further agreement 13
section 4C 14
THIS AGREEMENT is made this ____ day of __________, 20__ 15
BETWEEN STATE OF QUEENSLAND 16
AND 17
ALCAN SOUTH PACIFIC PTY LTD (FORMERLY ALCAN 18
QUEENSLAND PTY. LIMITED), ACN 009 726 078, Level 2, 443 19
Queen Street, Brisbane in the State of Queensland (the Company) 20
BACKGROUND: 21
1. Under section 2 of the Alcan Queensland Pty Limited Agreement 22
Act 1965 (the Act), the State and the Company entered into the 23
agreement set out in Schedule 1 of the Act (the Principal 24
Agreement). 25
Page 12
Natural Resources and Other Legislation Amendment Bill (No. 2) 2010
Part 2 Amendment of Alcan Queensland Pty. Limited Agreement Act 1965
[s 8]
2. The Principal Agreement may be varied by agreement between the 1
Minister and the Company if authorised under the Act. 2
3. The State and the Company wish to vary the Principal Agreement. 3
IT IS AGREED THAT-- 4
4. The Principal Agreement is amended by the insertion of the 5
following new clause 29A immediately after clause 29 of the 6
Principal Agreement: 7
29A. " 8
(1) Subclause (2) prevails to the extent of any inconsistency with 9
subclauses 28(a) to (e), 28(g) and clause 29 of the Principal 10
Agreement. 11
(2) The Company's right to take or interfere with water, other than 12
artesian water or subartesian water connected to artesian 13
water, in the `Wenlock Basin wild river area' (as defined in the 14
Wenlock Basin Wild River Declaration 2010) is subject to the 15
following specified conditions: 16
(a) the right to take or interfere with water in the Wenlock 17
Basin wild river area is subject to an annual volumetric 18
limit of 90,000 ML (subject to the sum of the annual 19
volumetric limits that may be taken under water licences 20
held by the Company and the holder of mining 21
tenements for a project for which the Commonwealth 22
Aluminium Corporation Pty. Limited Agreement Act 23
1957 was enacted, not exceeding 90,000 ML in total); 24
(b) the location from which the water may be taken or at 25
which the water may be interfered with is from sources 26
within or in the vicinity of the bauxite field referred to in 27
clause 28(a); and 28
(c) the period over which the Company may take or 29
interfere with water continues for the term of this 30
Agreement, including any future extensions of term. 31
(3) To remove any doubt, it is declared that subclauses (1) and (2) 32
do not limit: 33
(a) the rights of the Company under subclauses 28(a) to (e), 34
28(g) and clause 29 of the Principal Agreement to take 35
Page 13
Natural Resources and Other Legislation Amendment Bill (No. 2) 2010
Part 2 Amendment of Alcan Queensland Pty. Limited Agreement Act 1965
[s 8]
or interfere with water outside the Wenlock Basin wild 1
river area; or 2
(b) the Company's right to take or interfere with artesian 3
water or subartesian water connected to artesian water in 4
the Wenlock Basin wild river area. 5
5. This Agreement comes into effect on and from the date notified by 6
the Minister (being the Minister for the State of Queensland 7
responsible for the administration of the Act) in the Government 8
Gazette or, if no date is specified, on the date of the gazettal. 9
IN WITNESS WHEREOF the Parties hereto have executed these 10
presents on the day and year aforesaid. 11
12
S I G N E D ON BEHALF OF THE STATE OF
QUEENSLAND BY THE HONOURABLE
_________________________________________,
MINISTER FOR
_________________________________________
13
In the presence of 14
15
16
Executed in accordance with section 127 17
of the Corporations Act 2001 by Alcan 18
South Pacific Pty Ltd (ACN 009 726 078): 19
20
21
____________________________ ____________________________ 22
Director Signature Director/Secretary signature 23
____________________________ ____________________________ 24
Print Name Print Name'. 25
Page 14
Natural Resources and Other Legislation Amendment Bill (No. 2) 2010
Part 3 Amendment of Commonwealth Aluminium Corporation Pty. Limited Agreement Act
1957
[s 9]
Part 3 Amendment of Commonwealth 1
Aluminium Corporation Pty. 2
Limited Agreement Act 1957 3
Clause 9 Act amended 4
This part amends the Commonwealth Aluminium Corporation 5
Pty. Limited Agreement Act 1957. 6
Clause 10 Amendment of s 2 (Execution of agreement authorised) 7
Section 2, `the schedule (the "agreement").'-- 8
omit, insert-- 9
`schedule 1 (the agreement). 10
Note-- 11
Since the making of the agreement, Commonwealth Aluminium 12
Corporation Pty. Limited has changed its name to Rio Tinto Aluminium 13
Limited.'. 14
Clause 11 Amendment of s 4 (Variation of agreement) 15
Section 4(1) to (3)-- 16
omit, insert-- 17
`(1) The agreement may be varied only-- 18
(a) by further agreement between the State and the other 19
parties to the agreement; and 20
(b) under the authority of an Act. 21
`(2) A variation of the agreement purported to be made other than 22
under subsection (1) is of no effect. 23
`(3) The Minister must notify the date of the making of each 24
further agreement by gazette notice.'. 25
Page 15
Natural Resources and Other Legislation Amendment Bill (No. 2) 2010
Part 3 Amendment of Commonwealth Aluminium Corporation Pty. Limited Agreement Act
1957
[s 12]
Clause 12 Insertion of new s 4C 1
Before section 5-- 2
insert-- 3
`4C Authorisation of variation by further agreement 4
`The agreement may be varied by further agreements 5
corresponding to the proposed further agreements set out in 6
schedules 2 and 3.'. 7
Clause 13 Amendment of schedule 8
(1) Schedule, heading-- 9
omit, insert-- 10
`Schedule The agreement 11
section 2 12
Note-- 13
Consistent with the provisions of the Act, this schedule contains only 14
the proposed agreement authorised to be entered into by the Act as 15
originally enacted. It does not purport to be either the agreement 16
actually entered into or that agreement as amended from time to time.'. 17
(2) Schedule-- 18
number as schedule 1. 19
Clause 14 Insertion of new schs 2 and 3 20
After schedule 1, as numbered-- 21
insert-- 22
`Schedule 2 Proposed further agreement 23
section 4C 24
THIS AGREEMENT is made the ____ day of __________, 20__ 25
Page 16
Natural Resources and Other Legislation Amendment Bill (No. 2) 2010
Part 3 Amendment of Commonwealth Aluminium Corporation Pty. Limited Agreement Act
1957
[s 14]
BETWEEN STATE OF QUEENSLAND 1
AND 2
RTA WEIPA PTY LTD, ACN 137 266 285, Level 2, 443 Queen Street, 3
Brisbane in the State of Queensland (RTA Weipa) 4
AND 5
RIO TINTO ALUMINIUM LIMITED (FORMERLY 6
COMMONWEALTH ALUMINIUM CORPORATION PTY 7
LIMITED and COMALCO ALUMINIUM LIMITED), ACN 009 679 8
127, Level 2, 443 Queen Street, Brisbane in the State of Queensland 9
(RTAL) 10
BACKGROUND: 11
1. Under section 2 of the Commonwealth Aluminium Corporation Pty 12
Limited Agreement Act 1957 (the Act), the State and RTAL entered 13
into an agreement on 16 December 1957, which has been amended 14
from time to time (the Principal Agreement). 15
2. Governor in Council approval has been obtained for the assignment 16
of the benefits and obligations of the Principal Agreement from 17
RTAL to RTA Weipa. 18
3. Upon the assignment of the Principal Agreement from RTAL to 19
RTA Weipa, the State, RTAL and RTA Weipa have agreed to vary 20
the Principal Agreement further in accordance with the Act to 21
enable some of the clauses of the Principal Agreement to continue 22
to apply to RTAL as well as to RTA Weipa. 23
IT IS AGREED THAT-- 24
1. Clause 1 of the Principal Agreement is amended to include the 25
following definitions-- 26
(a) ` "RTA Weipa" means RTA Weipa Pty Ltd (ACN 137 266 27
285),`its successors and assigns;' and 28
(b) " "RTAL" means Rio Tinto Aluminium Limited (ACN 009 29
679 127), its successors and assigns;'. 30
2. Clause 1 of the Principal Agreement is amended by replacing the 31
definition of "the Minister" with the following definition--` "the 32
Minister" means the Minister of the State of Queensland 33
responsible for the administration of the Act;'. 34
Page 17
Natural Resources and Other Legislation Amendment Bill (No. 2) 2010
Part 3 Amendment of Commonwealth Aluminium Corporation Pty. Limited Agreement Act
1957
[s 14]
3. Clause 3 of the Principal Agreement is deleted and replaced with 1
new clause 3, which provides: 2
`(1) The agreement may be varied only-- 3
(a) by further written agreement between the State and the 4
company; and 5
(b) under the authority of the Act. 6
4. Immediately upon the assignment of the Principal Agreement from 7
RTAL to RTA Weipa becoming effective, the Principal Agreement 8
is amended by the insertion of the following new clause 66 9
immediately after clause 65 of the Principal Agreement: 10
`66. In addition to RTA Weipa, the following clauses of this 11
Agreement will continue to apply to RTAL and a reference to 12
the term "the Company" in those clauses is to be construed 13
accordingly-- 14
(a) Clause 18; 15
(b) Clause 27; 16
(c) Clause 48; 17
(d) Clause 49; 18
(e) Clause 52 19
(f) Clause 55; 20
(g) Clause 59; 21
(h) Clause 60; and 22
(i) Clause 62.'. 23
5. RTAL will notify the Minister in writing when the assignment of 24
the Principal Agreement from RTAL to RTA Weipa becomes 25
effective. 26
6. This Agreement comes into effect on and from the date notified by 27
the Minister (being the Minister of the State of Queensland 28
responsible for the administration of the Act) in the Government 29
Gazette or, if no date is specified, on the date of the gazettal. 30
IN WITNESS WHEREOF the parties hereto have executed this 31
Agreement as at the day and year first above written. 32
Page 18
Natural Resources and Other Legislation Amendment Bill (No. 2) 2010
Part 3 Amendment of Commonwealth Aluminium Corporation Pty. Limited Agreement Act
1957
[s 14]
1
S I G N E D ON BEHALF OF THE STATE OF
QUEENSLAND BY THE HONOURABLE
_________________________________________,
MINISTER FOR
_________________________________________
2
In the presence of 3
4
5
In the presence of 6
7
8
Executed in accordance with section 127 of the Corporations Act 2001 by 9
RTA Weipa Pty Ltd (ACN 137 266 285): 10
11
12
____________________________ ____________________________ 13
Witness Signature Signature 14
____________________________ 15
Print Name 16
17
Executed in accordance with section 127 of the Corporations Act 2001 by 18
Rio Tinto Aluminium Limited (ACN 009 679 127): 19
____________________________ ____________________________ 20
Director Signature Director/Secretary signature 21
____________________________ ____________________________ 22
Print Name Print Name 23
Page 19
Natural Resources and Other Legislation Amendment Bill (No. 2) 2010
Part 3 Amendment of Commonwealth Aluminium Corporation Pty. Limited Agreement Act
1957
[s 14]
`Schedule 3 Proposed further agreement 1
section 4C 2
THIS AGREEMENT is made the ____ day of __________, 20__ 3
BETWEEN STATE OF QUEENSLAND 4
AND 5
RTA WEIPA PTY LTD, ACN 137 266 285, Level 2, 443 Queen Street, 6
Brisbane in the State of Queensland (RTA Weipa) 7
AND 8
RIO TINTO ALUMINIUM LIMITED (FORMERLY 9
COMMONWEALTH ALUMINIUM CORPORATION PTY 10
LIMITED and COMALCO ALUMINIUM LIMITED), ACN 009 679 11
127, Level 2, 443 Queen Street, Brisbane in the State of Queensland 12
(RTAL) 13
BACKGROUND: 14
1. Under section 2 of the Commonwealth Aluminium Corporation Pty 15
Limited Agreement Act 1957 (the Act), the State and RTAL entered 16
into an agreement on 16 December 1957, which has been amended 17
from time to time (the Principal Agreement). 18
2. The State, RTA Weipa and RTAL have agreed to amend the 19
Principal Agreement in accordance with the Act to vary the 20
authorisation for RTA Weipa and RTAL to take or interfere with 21
water in the Wenlock Basin wild river area, other than artesian 22
water or subartesian water connected to artesian water. 23
3. Governor in Council approval has been obtained for the further 24
amendment of the Principal Agreement, as described in this 25
document. 26
IT IS AGREED THAT-- 27
4. The Principal Agreement is amended by the insertion of the 28
following new clause 32A immediately after clause 32 of the 29
Principal Agreement: 30
Page 20
Natural Resources and Other Legislation Amendment Bill (No. 2) 2010
Part 3 Amendment of Commonwealth Aluminium Corporation Pty. Limited Agreement Act
1957
[s 14]
32A. " 1
(1) Subclause (2) prevails to the extent of any inconsistency with 2
subclauses 31(a) to (e), 31 (g) and clause 32 of the Principal 3
Agreement. 4
(2) RTA Weipa's and RTAL's right to take or interfere with water, 5
other than artesian water or subartesian water connected to 6
artesian water, in the `Wenlock Basin wild river area' (as 7
defined in the Wenlock Basin Wild River Declaration 2010) is 8
subject to the following specified conditions: 9
(a) the right to take or interfere with water in the Wenlock 10
Basin wild river area is subject to an annual volumetric 11
limit of 90,000 ML (subject to the sum of the annual 12
volumetric limit that may be taken under water licences 13
held by RTA Weipa and RTAL and the holder of mining 14
tenements for a project for which the Alcan Queensland 15
Pty. Limited Agreement Act 1965 was enacted, not 16
exceeding 90,000 ML in total); 17
(b) the location from which the water may be taken or at 18
which the water may be interfered with is from sources 19
within or in the vicinity of the western bauxite field 20
referred to in clause 31(a); and 21
(c) the period over which RTA Weipa and RTAL may take 22
or interfere with water continues for the term of this 23
Agreement, including any future extensions of term. 24
(3) To remove any doubt, it is declared that subclauses (1) and (2) 25
do not limit: 26
(a) the rights of RTA Weipa and RTAL under subclauses 27
31(a) to (e), 31(g) and clause 32 of the Principal 28
Agreement to take or interfere with water outside the 29
Wenlock Basin wild river area; or 30
(b) RTA Weipa's and RTAL's right to take or interfere with 31
artesian water or subartesian water connected to artesian 32
water in the Wenlock Basin wild river area. 33
5. This Agreement comes into effect on and from the date notified by 34
the Minister (being the Minister for the State of Queensland 35
Page 21
Natural Resources and Other Legislation Amendment Bill (No. 2) 2010
Part 3 Amendment of Commonwealth Aluminium Corporation Pty. Limited Agreement Act
1957
[s 14]
responsible for the administration of the Act) in the Government 1
Gazette or, if no date is specified, on the date of the gazettal. 2
IN WITNESS WHEREOF the parties hereto have executed this 3
Agreement as at the day and year first written above. 4
5
S I G N E D ON BEHALF OF THE STATE OF
QUEENSLAND BY THE HONOURABLE
_________________________________________,
MINISTER FOR
_________________________________________
6
In the presence of 7
8
9
Executed in accordance with section 127 10
of the Corporations Act 2001 by 11
RTA Weipa Pty Ltd (ACN 137 266 285): 12
13
14
____________________________ ____________________________ 15
Witness Signature Signature 16
____________________________ 17
Print Name 18
19
20
Executed in accordance with section 127 21
of the Corporations Act 2001 by 22
Rio Tinto Aluminium Limited (ACN 23
009 679 127): 24
25
____________________________ ____________________________ 26
Page 22
Natural Resources and Other Legislation Amendment Bill (No. 2) 2010
Part 4 Amendment of Environmental Protection Act 1994
[s 15]
Director Signature Director/Secretary signature 1
____________________________ ____________________________ 2
Print Name Print Name'. 3
Part 4 Amendment of Environmental 4
Protection Act 1994 5
Clause 15 Act amended 6
This part amends the Environmental Protection Act 1994. 7
Clause 16 Insertion of new s 312W 8
Chapter 5A, part 9-- 9
insert-- 10
`312W Statutory conditions of environmental authority 11
(chapter 5A activities) 12
`(1) An environmental authority (chapter 5A activities) is taken to 13
include a condition prohibiting the use of restricted 14
stimulation fluids. 15
Example-- 16
the use of hydrocarbon chemicals to stimulate the fracturing of coal 17
seams 18
`(2) In this section-- 19
restricted stimulation fluids means fluids used for the 20
purpose of stimulation, including fracturing, that contain-- 21
(a) petroleum hydrocarbons containing benzene, 22
ethylbenzene, toluene, or xylene; or 23
(b) chemicals that produce, or are likely to produce, 24
benzene, ethylbenzene, toluene or xylene as the 25
chemical breaks down in the environment.'. 26
Page 23
Natural Resources and Other Legislation Amendment Bill (No. 2) 2010
Part 4 Amendment of Environmental Protection Act 1994
[s 17]
Clause 17 Amendment of s 320 (Duty to notify environmental harm) 1
(1) Section 320(3)-- 2
omit, insert-- 3
`(3) Within the notice period, the person must-- 4
(a) either-- 5
(i) if the person is carrying out the primary activity 6
during the person's employment or engagement by, 7
or as the agent of, someone else (the employer)-- 8
(A) tell the employer of the event, its nature and 9
the circumstances in which it happened; or 10
(B) if the employer can not be contacted--give 11
written notice to the administering authority 12
of the event, its nature and the circumstances 13
in which it happened; or 14
(ii) if subparagraph (i) does not apply to the 15
person--give written notice to the administering 16
authority of the event, its nature and the 17
circumstances in which it happened; and 18
(b) give written notice, of the event, its nature and the 19
circumstances in which it happened, to each occupier of 20
land that is, or is reasonably likely to be, affected by the 21
event.'. 22
(2) Section 320(5), penalty, `100'-- 23
omit, insert-- 24
`500'. 25
(3) Section 320-- 26
insert-- 27
`(9) In this section-- 28
notice period, for an event involving harm, means as soon as 29
reasonably practicable, but not longer than 24 hours, after 30
becoming aware of the event.'. 31
Page 24
Natural Resources and Other Legislation Amendment Bill (No. 2) 2010
Part 4 Amendment of Environmental Protection Act 1994
[s 18]
Clause 18 Insertion of new s 320A 1
Chapter 7, part 1-- 2
insert-- 3
`320A Duty to notify of negative impact on, or 4
interconnection with, aquifers 5
`(1) This section applies to a person who, while carrying out a 6
chapter 5A activity, becomes aware of 1 or both of the 7
following events-- 8
(a) the activity has negatively affected, or is likely to 9
negatively affect, the water quality of an aquifer; 10
(b) the activity has caused the connection of 2 or more 11
aquifers. 12
`(2) However, this section does not apply if the event is authorised 13
under-- 14
(a) an environmental protection policy; or 15
(b) a transitional environmental program; or 16
(c) an environmental protection order; or 17
(d) an environmental authority; or 18
(e) a development condition of a development approval; or 19
(f) a standard environmental condition of a code of 20
environmental compliance for a chapter 4 activity; or 21
(g) an emergency direction; or 22
(h) an accredited ERMP. 23
`(3) Also, this section does not apply to a person in relation to an 24
event if section 320 applies to the person in relation to the 25
event and the person has complied with section 320. 26
`(4) Within the notice period, the person must-- 27
(a) give written notice to the administering authority of the 28
event, its nature and the circumstances in which it 29
happened; and 30
Page 25
Natural Resources and Other Legislation Amendment Bill (No. 2) 2010
Part 4 Amendment of Environmental Protection Act 1994
[s 19]
(b) give written notice of the event, its nature and the 1
circumstances in which it happened to each occupier of 2
land that is, has been, or is reasonably likely to be, 3
affected by the event. 4
`(5) A person must not, without reasonable excuse, fail to comply 5
with subsection (4). 6
Maximum penalty--100 penalty units. 7
`(6) In this section-- 8
notice period, for an event involving harm, means as soon as 9
reasonably practicable, but not longer than 24 hours, after 10
becoming aware of the event.'. 11
Clause 19 Amendment of s 616D (Changing conditions of 12
transitional authority (SAA)) 13
Section 616D(3)(a), `section 616H(b)'-- 14
omit, insert-- 15
`section 616H(1)(b)'. 16
Clause 20 Amendment of s 616H (Requirement to apply for new 17
authority or amend etc. transitional authority (SAA)) 18
(1) Section 616H(c)-- 19
omit, insert-- 20
`(c) the surrender of the transitional authority (SAA); or 21
(d) the transfer of the transitional authority (SAA) to an 22
entity other than a wholly owned subsidiary of the 23
holder of the authority within the meaning of the 24
Corporations Act.'. 25
(2) Section 616H, note, `this section'-- 26
omit, insert-- 27
`subsection (1)'. 28
(3) Section 616H, after note-- 29
Page 26
Natural Resources and Other Legislation Amendment Bill (No. 2) 2010
Part 4 Amendment of Environmental Protection Act 1994
[s 21]
insert-- 1
`(2) To remove any doubt, it is declared that the transfer of a 2
transitional authority (SAA) to a wholly owned subsidiary of 3
the holder of the authority within the meaning of the 4
Corporations Act does not constitute compliance with the 5
obligation under subsection (1).'. 6
Clause 21 Amendment of s 616M (End of transitional authority 7
(SAA)) 8
(1) Section 616M(1)(a), `section 616H'-- 9
omit, insert-- 10
`section 616H(1)'. 11
(2) Section 616M(2)-- 12
omit, insert-- 13
`(2) However, despite subsection (1)(c), if a transitional authority 14
(SAA) is transferred under chapter 5, part 9 to a wholly owned 15
subsidiary of the holder of the authority within the meaning of 16
the Corporations Act, the authority does not end. 17
`(3) To remove any doubt, it is declared that subsection (1) does 18
not limit chapter 5, part 12.'. 19
Clause 22 Amendment of s 616N (Application of sdiv 5) 20
Section 616N, `section 616H(a)'-- 21
omit, insert-- 22
`section 616H(1)(a)'. 23
Clause 23 Amendment of s 616R (Application of sdiv 6) 24
Section 616R, `section 616H(b)'-- 25
omit, insert-- 26
`section 616H(1)(b)'. 27
Page 27
Natural Resources and Other Legislation Amendment Bill (No. 2) 2010
Part 5 Amendment of Geothermal Energy Act 2010
[s 24]
Part 5 Amendment of Geothermal 1
Energy Act 2010 2
Clause 24 Act amended 3
This part amends the Geothermal Energy Act 2010. 4
Clause 25 Amendment of s 464 (Insertion of new pt 19, div 13, sdiv 5
2) 6
(1) Section 464, inserted section 780(2)(b), after `that the holder 7
started before the commencement'-- 8
omit, insert-- 9
`stated in the notice'. 10
(2) Section 464, inserted section 780(3), from `subsection 11
(2)--'-- 12
omit, insert-- 13
`subsection (2) is taken to be an entry notice for schedule 1.'. 14
(3) Section 464, inserted section 781(1)-- 15
omit, insert-- 16
`(1) This section applies-- 17
(a) for the holder of an exploration permit or mineral 18
development licence holder if the holder has given a 19
converted entry notice; and 20
(b) until the earlier of the following to happen-- 21
(i) the day that is 6 months after the relevant 22
anniversary day for the exploration permit or 23
mineral development licence; 24
(ii) 1 September 2011.'. 25
(4) Section 464, inserted section 781(2), after `notice'-- 26
omit, insert-- 27
`, including any renewed term,'. 28
Page 28
Natural Resources and Other Legislation Amendment Bill (No. 2) 2010
Part 5 Amendment of Geothermal Energy Act 2010
[s 26]
(5) Section 464, inserted section 781(3)-- 1
omit. 2
(6) Section 464, inserted section 781(4)-- 3
insert-- 4
`relevant anniversary day, for an exploration permit or 5
mineral development licence, means the anniversary of the 6
grant of the permit or licence that first occurs after the 7
commencement of this section.'. 8
(7) Section 464, inserted section 781(4)-- 9
renumber as section 781(3). 10
Editor's note-- 11
Legislation ultimately amended-- 12
· Mineral Resources Act 1989 13
Clause 26 Amendment of s 465 (Insertion of new sch 1) 14
Section 465, inserted schedule 1, section 13(4), definition 15
compensatable effect-- 16
omit, insert-- 17
`compensatable effect means all or any of the following-- 18
(a) all or any of the following relating to the eligible 19
claimant's land-- 20
(i) deprivation of possession of its surface; 21
(ii) diminution of its value; 22
(iii) diminution of the use made or that may be made of 23
the land or any improvement on it; 24
(iv) severance of any part of the land from other parts 25
of the land or from other land that the eligible 26
claimant owns; 27
(v) any cost, damage or loss arising from the carrying 28
out of activities under the exploration tenement on 29
the land; 30
Page 29
Natural Resources and Other Legislation Amendment Bill (No. 2) 2010
Part 6 Amendment of Holidays Act 1983
[s 27]
(b) accounting, legal or valuation costs the claimant 1
necessarily and reasonably incurs to negotiate or prepare 2
a conduct and compensation agreement, other than the 3
costs of a person facilitating an ADR; 4
Examples of negotiation-- 5
an ADR or conference 6
(c) consequential damages the eligible claimant incurs 7
because of a matter mentioned in paragraph (a) or (b).'. 8
Editor's note-- 9
Legislation ultimately amended-- 10
· Mineral Resources Act 1989 11
Part 6 Amendment of Holidays Act 12
1983 13
Clause 27 Act amended 14
This part amends the Holidays Act 1983. 15
Clause 28 Amendment of s 4 (Special holidays) 16
Section 4-- 17
insert-- 18
`(7) In this section-- 19
Comalco Limited means each of the following-- 20
(a) Comalco Limited ACN 004 502 694; 21
(b) its successors and assigns. 22
Note-- 23
Since the commencement of this Act, Comalco Limited has changed its 24
name to Rio Tinto Aluminium (Holdings) Limited.'. 25
Page 30
Natural Resources and Other Legislation Amendment Bill (No. 2) 2010
Part 7 Amendment of Mineral Resources Act 1989
[s 29]
Part 7 Amendment of Mineral 1
Resources Act 1989 2
Clause 29 Act amended 3
This part amends the Mineral Resources Act 1989. 4
Clause 30 Insertion of new s 140A 5
After section 140-- 6
insert-- 7
`140A Obligation to consult with particular owners and 8
occupiers 9
`(1) An exploration permit holder must consult or use reasonable 10
endeavours to consult with each owner and occupier of private 11
or public land on which authorised activities for the permit are 12
proposed to be carried out or are being carried out. 13
`(2) The consultation must be about-- 14
(a) access; and 15
(b) the carrying out of authorised activities for the 16
exploration permit (including, for example, crossing 17
access land for the permit) to the extent they relate to the 18
owners and occupiers; and 19
(c) the exploration permit holder's compensation liability to 20
the owners or occupiers. 21
Note-- 22
For the holder's compensation liability, see schedule 1, section 23
13(2).'. 24
Clause 31 Insertion of new s 193A 25
After section 193-- 26
insert-- 27
Page 31
Natural Resources and Other Legislation Amendment Bill (No. 2) 2010
Part 7 Amendment of Mineral Resources Act 1989
[s 32]
`193A Obligation to consult with particular owners and 1
occupiers 2
`(1) A mineral development licence holder must consult or use 3
reasonable endeavours to consult with each owner and 4
occupier of private or public land on which authorised 5
activities for the licence are proposed to be carried out or are 6
being carried out. 7
`(2) The consultation must be about-- 8
(a) access; and 9
(b) the carrying out of authorised activities for the mineral 10
development licence (including, for example, crossing 11
access land for the licence) to the extent they relate to 12
the owners and occupiers; and 13
(c) the mineral development licence holder's compensation 14
liability to the owners or occupiers. 15
Note-- 16
For the holder's compensation liability, see schedule 1, section 17
13(2).'. 18
Clause 32 Replacement of s 397 (Liability of owner restricted) 19
Section 397-- 20
omit, insert-- 21
`397 Limitation of owner's or occupier's tortious liability for 22
authorised activities 23
`(1) This section applies to an owner or occupier of land in the 24
area of a mining tenement if-- 25
(a) someone else carries out an authorised activity for a 26
mining tenement on the land; or 27
(b) someone else carries out an activity on the land and, in 28
doing so, purports to be carrying out an authorised 29
activity for a mining tenement. 30
`(2) The owner or occupier is not civilly liable to anyone else for a 31
claim based in tort for damages relating to the carrying out of 32
the activity. 33
Page 32
Natural Resources and Other Legislation Amendment Bill (No. 2) 2010
Part 7 Amendment of Mineral Resources Act 1989
[s 32]
`(3) However, subsection (2) does not apply to the extent the 1
owner or occupier, or someone else authorised by the owner 2
or occupier, caused, or contributed to, the harm the subject of 3
the claim. 4
`(4) This section applies-- 5
(a) despite any other Act or law; and 6
(b) even though this Act or the mining tenement prevents or 7
restricts the carrying out of the activity as an authorised 8
activity for the mining tenement. 9
`(5) Subject to subsection (2), in this section, the terms claim, 10
damages and harm have the same meaning that they have 11
under the Civil Liability Act 2003. 12
`397A Duty to avoid interference in carrying out authorised 13
activities 14
`A person who carries out an authorised activity for a mining 15
tenement must carry out the activity in a way that does not 16
unreasonably interfere with anyone else carrying out a lawful 17
activity. 18
Maximum penalty--500 penalty units. 19
`397B Obstruction of mining tenement holder 20
`(1) A person must not, without reasonable excuse, obstruct a 21
mining tenement holder from-- 22
(a) entering or crossing land to carry out an authorised 23
activity for the mining tenement if schedule 1, parts 2 to 24
6, to the extent the parts are relevant, have been 25
complied with in relation to the entry; or 26
(b) carrying out an authorised activity for the mining 27
tenement on the land. 28
Maximum penalty--500 penalty units. 29
`(2) If a person has obstructed a mining tenement holder from 30
carrying out an activity mentioned in subsection (1) and the 31
Page 33
Natural Resources and Other Legislation Amendment Bill (No. 2) 2010
Part 8 Amendment of Nature Conservation Act 1992
[s 33]
holder decides to proceed with the carrying out of the activity, 1
the holder must warn the person that-- 2
(a) it is an offence to obstruct the holder unless the person 3
has a reasonable excuse; and 4
(b) the holder considers the person's conduct is an 5
obstruction. 6
`(3) In this section-- 7
obstruct includes assault, hinder, resist and attempt or threaten 8
to assault, hinder or resist.'. 9
Part 8 Amendment of Nature 10
Conservation Act 1992 11
Clause 33 Act amended 12
This parts amends the Nature Conservation Act 1992. 13
Clause 34 Amendment of s 89 (Restriction on taking etc. particular 14
protected plants) 15
(1) Section 89(1), from `, other than under' to `exemption under a 16
regulation.'-- 17
omit, insert-- 18
`unless-- 19
(a) it is necessary and reasonable to take the plant to avoid 20
or reduce an imminent risk of death or serious injury to 21
a person and the taking can not reasonably be avoided or 22
minimised; or 23
(b) each of the following applies-- 24
(i) it is necessary and reasonable to take the plant to 25
avoid or reduce an imminent risk of serious 26
Page 34
Natural Resources and Other Legislation Amendment Bill (No. 2) 2010
Part 8 Amendment of Nature Conservation Act 1992
[s 34]
damage to a building or other structure on land, or 1
to personal property; 2
(ii) if the damage is not prevented or controlled, a 3
person may suffer significant economic loss; 4
(iii) the taking can not reasonably be avoided or 5
minimised; or 6
(c) taking the plant is, or is a necessary part of, a measure 7
that is-- 8
(i) authorised under the Fire and Rescue Service Act 9
1990, section 53(1) or 68(1)(c); or 10
(ii) required under section 53(2)(j) or 69(1) of that Act; 11
or 12
(d) the person takes the plant by lighting a fire that is-- 13
(i) authorised under a notification under the Fire and 14
Rescue Service Act 1990, section 63 or a permit 15
granted under section 65(2) of that Act; and 16
(ii) necessary to reduce hazardous fuel load; or 17
(e) the plant is taken under a development approval-- 18
(i) for work that includes the clearing of native 19
vegetation under the Vegetation Management Act 20
1999; and 21
(ii) for which taking the plant was assessed under a 22
regional vegetation management code or 23
concurrence agency policy; or 24
(f) the taking of the plant is authorised under a land 25
management agreement under the Land Act 1994; or 26
(g) each of the following applies-- 27
(i) the plant is least concern wildlife; 28
(ii) the plant is taken other than under a relevant 29
development activity; 30
Page 35
Natural Resources and Other Legislation Amendment Bill (No. 2) 2010
Part 8 Amendment of Nature Conservation Act 1992
[s 34]
(iii) taking the plant, other than under a relevant 1
development activity, is not assessable 2
development; or 3
(h) the plant is taken under-- 4
(i) a conservation plan applicable to the plant; or 5
(ii) a licence, permit or other authority issued or given 6
under a regulation; or 7
(iii) an exemption under a regulation.'. 8
(2) Section 89(5)-- 9
insert-- 10
`assessable development see the Sustainable Planning Act 11
2009, schedule 3. 12
building means a fixed structure that is wholly or partly 13
enclosed by walls. 14
concurrence agency policy see the Vegetation Management 15
Act 1999, section 10A(3). 16
development approval see the Sustainable Planning Act 2009, 17
schedule 3. 18
regional vegetation management code see the Vegetation 19
Management Act 1999, section 11. 20
relevant development activity means-- 21
(a) a mining activity or a chapter 5A activity under the 22
Environment Protection Act 1994; or 23
(b) geothermal exploration or any activity related to the 24
extraction or production of geothermal energy, carried 25
out under a geothermal exploration permit under the 26
Geothermal Exploration Act 2004; or 27
(c) either of the following-- 28
(i) an activity under the Electricity Act 1994, section 29
101 or 112A; 30
Page 36
Natural Resources and Other Legislation Amendment Bill (No. 2) 2010
Part 9 Amendment of Petroleum Act 1923
[s 35]
(ii) an electricity entity under that Act otherwise 1
clearing, lopping or pruning trees under that Act; 2
or 3
(d) for a State-controlled road under the Transport 4
Infrastructure Act 1994-- 5
(i) road works carried out on the State-controlled 6
road; or 7
(ii) ancillary works and encroachments constructed, 8
maintained, operated or conducted on the 9
State-controlled road under section 50 of that Act; 10
or 11
(e) clearing, for routine transport corridor management and 12
safety purposes, on existing rail corridor land, new rail 13
corridor land, non-rail corridor land or commercial 14
corridor land (within the meaning of the Transport 15
Infrastructure Act 1994) that is not leased on a 16
commercial basis.'. 17
Part 9 Amendment of Petroleum Act 18
1923 19
Clause 35 Act amended 20
This part amends the Petroleum Act 1923. 21
Clause 36 Amendment of s 76G (Power to require information or 22
reports about authorised activities to be kept or given) 23
(1) Section 76G(4) and (5)-- 24
renumber as section 76G(5) and (6). 25
(2) Section 76G-- 26
insert-- 27
Page 37
Natural Resources and Other Legislation Amendment Bill (No. 2) 2010
Part 9 Amendment of Petroleum Act 1923
[s 37]
`(4) A copy of a notice under subsection (1)(b) must be given to 1
both the owners and occupiers of affected land in the way and 2
at the times prescribed under a regulation.'. 3
(3) Section 76G(6), as renumbered-- 4
insert-- 5
`affected land means land on which an authorised activity is, 6
or has been, carried out.'. 7
Clause 37 Insertion of new ss 76GA and 76GB 8
Part 6E-- 9
insert-- 10
`76GA Giving copy of required notice by publication 11
`(1) This section applies if, under section 76G(4), a 1923 Act 12
petroleum tenure holder must give owners and occupiers of 13
affected land a copy of a notice about authorised activities 14
carried out under the tenure. 15
`(2) The chief executive may approve the 1923 Act petroleum 16
tenure holder giving the notice by publishing it in a stated 17
way. 18
`(3) The publication may relate to more than 1 notice. 19
`(4) The chief executive may give the approval only if satisfied-- 20
(a) if the notice is required to be given before an authorised 21
activity is carried out--the publication is reasonably 22
likely to adequately inform the owner or occupier of 23
affected land at least 10 business days before the 24
authorised activity is carried out; or 25
(b) if the notice is required to be given after an authorised 26
activity is carried out--the publication is reasonably 27
likely to adequately inform the owner or occupier of 28
affected land. 29
`(5) If the chief executive approves the giving of the notice under 30
subsection (2)-- 31
Page 38
Natural Resources and Other Legislation Amendment Bill (No. 2) 2010
Part 10 Amendment of Petroleum and Gas (Production and Safety) Act 2004
[s 38]
(a) the notice may state where a copy of further information 1
referred to in the publication may be obtained, or 2
inspected, free of charge; and 3
(b) the holder is not required to comply with section 4
76G(4). 5
`(6) In this section-- 6
affected land means land on which an authorised activity is, 7
or has been, carried out. 8
`76GB Copy of particular notices for chief executive 9
(environment) 10
`(1) This section applies if-- 11
(a) a regulation requires a 1923 Act petroleum tenure holder 12
to lodge a notice under section 76G(1)(b); and 13
(b) the 1923 Act petroleum tenure holder lodges the notice 14
as required. 15
`(2) The chief executive must give the chief executive 16
(environment) a copy of the notice. 17
`(3) In this section-- 18
chief executive (environment) means the chief executive of 19
the department in which the Environmental Protection Act 20
1994 is administered.'. 21
Part 10 Amendment of Petroleum and 22
Gas (Production and Safety) 23
Act 2004 24
Clause 38 Act amended 25
This part amends the Petroleum and Gas (Production and 26
Safety) Act 2004. 27
Page 39
Natural Resources and Other Legislation Amendment Bill (No. 2) 2010
Part 10 Amendment of Petroleum and Gas (Production and Safety) Act 2004
[s 39]
Clause 39 Amendment of s 553 (Power to require information or 1
reports about authorised activities to be kept or given) 2
(1) Section 553(4) and (5)-- 3
renumber as section 553(5) and (6). 4
(2) Section 553-- 5
insert-- 6
`(4) A copy of a notice under subsection (1)(b) must be given to 7
both the owners and occupiers of affected land in the way and 8
at the times prescribed under a regulation.'. 9
(3) Section 553(6), as renumbered-- 10
insert-- 11
`affected land means land on which an authorised activity is, 12
or has been, carried out.'. 13
Clause 40 Insertion of new ss 553A and 553B 14
Chapter 5, part 7-- 15
insert-- 16
`553A Giving copy of required notice by publication 17
`(1) This section applies if, under section 553(4), a regulation 18
requires a petroleum authority holder to give owners and 19
occupiers of affected land a copy of a notice about authorised 20
activities carried out under the petroleum authority. 21
`(2) The chief executive may approve the petroleum authority 22
holder giving the notice by publishing it in a stated way. 23
`(3) The publication may relate to more than 1 notice. 24
`(4) The chief executive may give the approval only if satisfied-- 25
(a) if the notice is required to be given before an authorised 26
activity is carried out--the publication is reasonably 27
likely to adequately inform the owner or occupier of 28
affected land at least 10 business days before the 29
authorised activity is carried out; or 30
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Natural Resources and Other Legislation Amendment Bill (No. 2) 2010
Part 10 Amendment of Petroleum and Gas (Production and Safety) Act 2004
[s 40]
(b) if the notice is required to be given after an authorised 1
activity is carried out--the publication is reasonably 2
likely to adequately inform the owner or occupier of 3
affected land. 4
`(5) If the chief executive approves the giving of the notice under 5
subsection (2)-- 6
(a) the notice may state where a copy of further information 7
referred to in the publication may be obtained, or 8
inspected, free of charge; and 9
(b) the holder is not required to comply with section 553(4). 10
`(6) In this section-- 11
affected land means land on which an authorised activity is, 12
or has been, carried out. 13
`553B Copy of particular notices for chief executive 14
(environment) 15
`(1) This section applies if-- 16
(a) a regulation requires a petroleum authority holder to 17
lodge a notice under section 553(1)(b); and 18
(b) the petroleum authority holder lodges the notice as 19
required. 20
`(2) The chief executive must give the chief executive 21
(environment) a copy of the notice. 22
`(3) In this section-- 23
chief executive (environment) means the chief executive of 24
the department in which the Environmental Protection Act 25
1994 is administered.'. 26
Page 41
Natural Resources and Other Legislation Amendment Bill (No. 2) 2010
Part 11 Amendment of South Bank Corporation Act 1989
[s 41]
Part 11 Amendment of South Bank 1
Corporation Act 1989 2
Clause 41 Act amended 3
This part amends the South Bank Corporation Act 1989. 4
Clause 42 Amendment of sch 15 (Commercial precinct) 5
Schedule 15, plan 1-- 6
omit, insert-- 7
Page 42
Natural Resources and Other Legislation Amendment Bill (No. 2) 2010
Part 11 Amendment of South Bank Corporation Act 1989
[s 42]
`Plan 1 1
'. 2
Page 43
Natural Resources and Other Legislation Amendment Bill (No. 2) 2010
Part 12 Amendment of Vegetation Management Act 1999
[s 43]
Part 12 Amendment of Vegetation 1
Management Act 1999 2
Clause 43 Act amended 3
This part amends the Vegetation Management Act 1999. 4
Clause 44 Amendment of s 11 (Minister must make regional 5
vegetation management codes) 6
(1) Section 11(2)-- 7
omit, insert-- 8
`(2) A regional vegetation management code may provide for the 9
protection of-- 10
(a) the habitat of native wildlife prescribed under the Nature 11
Conservation Act as endangered, vulnerable or near 12
threatened wildlife (protected wildlife); or 13
(b) a plant that is protected wildlife or least concern 14
wildlife; or 15
(c) the breeding place of an animal that is protected wildlife 16
or least concern wildlife.'. 17
(2) Section 11(3), `subsection (2)'-- 18
omit, insert-- 19
`subsection (2)(a)'. 20
(3) Section 11-- 21
insert-- 22
`(5) In this section-- 23
breeding place, of an animal, means a bower, burrow, cave, 24
hollow, nest or other place or thing that is commonly used by 25
the animal to incubate or rear the animal's offspring. 26
least concern wildlife means native wildlife prescribed under 27
the Nature Conservation Act as least concern wildlife.'. 28
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Natural Resources and Other Legislation Amendment Bill (No. 2) 2010
Part 12 Amendment of Vegetation Management Act 1999
[s 45]
Clause 45 Amendment of s 20AH (Deciding to show particular areas 1
as remnant vegetation) 2
Section 20AH-- 3
insert-- 4
`(i) the chief executive has been given an area management 5
clearing notification for the area and the purpose of 6
clearing vegetation in the area is for-- 7
(i) fodder harvesting; or 8
(ii) thinning; or 9
(iii) clearing of encroachment; or 10
(iv) control of non-native plants or declared pests.'. 11
Clause 46 Amendment of s 20CA (Process before making PMAV) 12
Section 20CA(2)-- 13
insert-- 14
`(e) an area management clearing notification for the area 15
has been received and the purpose of clearing was other 16
than clearing vegetation in the area for-- 17
(i) fodder harvesting; or 18
(ii) thinning; or 19
(iii) clearing of encroachment; or 20
(iv) control of non-native plants or declared pests.'. 21
Clause 47 Insertion of new pt 2, div 5B 22
Part 2-- 23
insert-- 24
Page 45
Natural Resources and Other Legislation Amendment Bill (No. 2) 2010
Part 12 Amendment of Vegetation Management Act 1999
[s 47]
`Division 5B Area management plans 1
`Subdivision 1 Preliminary 2
`20I Definitions for div 5B 3
`In this division-- 4
accredited existing planning document means an existing 5
planning document accredited under section 20O(3)(a). 6
approved draft plan means a draft plan approved under 7
section 20O(1)(a). 8
area management plan see section 20J. 9
draft plan see section 20M(3)(a)(i). 10
existing planning document see section 20K. 11
owner, of land, includes-- 12
(a) for trust land under the Land Act 1994--a trustee of the 13
land; or 14
(b) for a State-controlled road under the Transport 15
Infrastructure Act 1994--the chief executive of the 16
department in which that Act is administered; or 17
(c) for a road controlled by a local government under the 18
Local Government Act 2009--the local government. 19
plan area, for an area management plan, means the area to 20
which the plan relates. 21
proposed area-- 22
(a) for a draft plan--see section 20O(2)(a); or 23
(b) for an existing planning document--see section 24
20O(3)(a). 25
restricted (fodder harvesting) land see section 20L. 26
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Natural Resources and Other Legislation Amendment Bill (No. 2) 2010
Part 12 Amendment of Vegetation Management Act 1999
[s 47]
`20J What is an area management plan 1
`(1) An area management plan is-- 2
(a) a draft area management plan that is approved as an area 3
management plan under section 20O(1)(a); or 4
(b) an existing planning document that is accredited as an 5
area management plan under section 20O(3)(a). 6
`(2) However, if an area management plan is amended by the chief 7
executive under section 20ZB, the area management plan is 8
the plan as amended. 9
`(3) Also, if an amendment of an area management plan is 10
approved under section 20ZC, the area management plan is 11
the amended plan as approved under that section. 12
`20K What is an existing planning document 13
`An existing planning document is any of the following-- 14
(a) a conservation agreement under the Nature 15
Conservation Act; 16
(b) an accredited environmental risk management plan 17
under the Environmental Protection Act 1994, chapter 18
4A; 19
(c) a plan for managing declared pests on State-controlled 20
land under the Land Protection (Pest and Stock Route 21
Management) Act 2002, chapter 2, part 3; 22
(d) a local government's pest management plan under the 23
Land Protection (Pest and Stock Route Management) 24
Act 2002, chapter 2, part 4 or stock route network 25
management plan under chapter 3, part 3 of that Act; 26
(e) a land management agreement under the Land Act 1994; 27
(f) another document that provides for clearing vegetation 28
and is prescribed under a regulation. 29
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Natural Resources and Other Legislation Amendment Bill (No. 2) 2010
Part 12 Amendment of Vegetation Management Act 1999
[s 47]
`20L What is restricted (fodder harvesting) land 1
`(1) Restricted (fodder harvesting) land is-- 2
(a) a State-controlled road under the Transport 3
Infrastructure Act 1994; or 4
(b) a road controlled by a local government under the Local 5
Government Act 2009; or 6
(c) trust land under the Land Act 1994. 7
`(2) However, restricted (fodder harvesting) land does not include 8
indigenous land. 9
`Subdivision 2 Approval of plans and accreditation 10
of planning documents 11
`20M Application for approval of draft plan or accreditation 12
of planning document 13
`(1) An entity or a group of entities may apply to the chief 14
executive to approve a draft area management plan or accredit 15
an existing planning document for an area. 16
Examples of entities who may apply-- 17
· an owner, or a group of owners, of land in the area 18
· an organisation whose main function involves managing land in the 19
area 20
`(2) The application must-- 21
(a) be in the approved form; and 22
(b) be signed by-- 23
(i) the applicant; or 24
(ii) if there are 2 or more applicants, at least 1 25
applicant; and 26
(c) relate only to a single or contiguous area; and 27
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Natural Resources and Other Legislation Amendment Bill (No. 2) 2010
Part 12 Amendment of Vegetation Management Act 1999
[s 47]
(d) show that the applicant has given, or taken reasonable 1
steps to give, notice of the application to each owner of 2
land in the area. 3
`(3) The application must also be accompanied by-- 4
(a) either-- 5
(i) the draft area management plan (the draft plan); or 6
(ii) a copy of the existing planning document; and 7
(b) the fee prescribed under a regulation. 8
`(4) However, the chief executive may waive the fee if the chief 9
executive considers the waiver is in the interest of the State. 10
`20N Further information or documents for application 11
`(1) Before deciding the application, the chief executive may ask 12
the applicant for further information or a document the chief 13
executive reasonably requires to decide the application. 14
`(2) If the chief executive asks for information or a document 15
under subsection (1)-- 16
(a) the applicant must give the chief executive the 17
information or document within-- 18
(i) 30 business days after the request is made; or 19
(ii) a longer period, if agreed to by the chief executive; 20
and 21
(b) the chief executive may stop considering the application 22
until the information or document is given. 23
`20O Deciding applications 24
`(1) The chief executive must decide an application for approval of 25
a draft plan by-- 26
(a) approving the draft plan as an area management plan; or 27
(b) refusing to approve the draft plan. 28
`(2) For approving the draft plan, the chief executive may-- 29
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Natural Resources and Other Legislation Amendment Bill (No. 2) 2010
Part 12 Amendment of Vegetation Management Act 1999
[s 47]
(a) approve the draft plan as the area management plan for 1
the area (the proposed area) to which the draft plan 2
relates; or 3
(b) approve the draft plan as the area management plan for 4
part of the proposed area; or 5
(c) approve the draft plan under paragraph (a) or (b) and 6
impose an additional condition on the area management 7
plan. 8
`(3) The chief executive must decide an application for 9
accreditation of an existing planning document by-- 10
(a) accrediting the document as an area management plan 11
for the area (also the proposed area) to which the 12
document relates; or 13
(b) refusing to accredit the document. 14
`20P Criteria for approving draft plan or accrediting 15
planning document 16
`The chief executive may approve a draft plan or accredit an 17
existing planning document only if the chief executive is 18
satisfied-- 19
(a) the application for approval of the plan or accreditation 20
of the document is properly made under section 20M; 21
and 22
(b) the plan or document includes enough information to 23
allow the chief executive to map the boundary of-- 24
(i) the proposed area; and 25
(ii) if the conditions for clearing vegetation relate to 26
different zones within the proposed area--each of 27
the zones; and 28
(c) the plan or document states-- 29
(i) the management intent and management outcomes 30
for vegetation management in the proposed area; 31
and 32
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Natural Resources and Other Legislation Amendment Bill (No. 2) 2010
Part 12 Amendment of Vegetation Management Act 1999
[s 47]
(ii) the conditions for clearing vegetation in the 1
proposed area to achieve the management 2
outcomes; and 3
(d) the plan or document provides for, or allows, clearing of 4
vegetation for 1 or more of the following purposes 5
only-- 6
(i) to control non-native plants or declared pests; 7
(ii) to ensure public safety; 8
(iii) to establish a necessary fence, firebreak, road or 9
vehicular track; 10
(iv) to clear an encroachment; 11
(v) for thinning; 12
(vi) for fodder harvesting, other than on a part of the 13
proposed area that is restricted (fodder harvesting) 14
land; and 15
(e) the plan or document is not inconsistent with the 16
following-- 17
(i) the State policy; 18
(ii) the regional vegetation management code for the 19
proposed area. 20
`20Q Mandatory condition on approval of draft plan or 21
accreditation of planning document 22
`(1) The chief executive may only approve a draft plan or accredit 23
an existing planning document as an area management plan 24
subject to the conditions (each a mandatory condition) under 25
subsections (2) and (3). 26
`(2) If the draft plan or existing planning document provides for, 27
or allows, clearing of vegetation to establish a fence, 28
firebreak, road or vehicular track (each prescribed 29
infrastructure), the conditions are-- 30
(a) the establishment of the prescribed infrastructure must 31
be necessary; and 32
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Natural Resources and Other Legislation Amendment Bill (No. 2) 2010
Part 12 Amendment of Vegetation Management Act 1999
[s 47]
(b) the clearing can not reasonably be avoided or 1
minimised. 2
`(3) If the plan area includes restricted (fodder harvesting) land, 3
the condition is that vegetation on the land can not be cleared 4
for fodder harvesting. 5
`20R Imposing additional condition on approval of draft 6
plan 7
`(1) This section applies to the chief executive for approving a 8
draft plan as an area management plan. 9
`(2) The chief executive may impose an additional condition on 10
the area management plan if the chief executive considers the 11
condition is necessary or appropriate-- 12
(a) to manage vegetation in a way that achieves the 13
purposes of the Act; or 14
(b) to avoid inconsistency with-- 15
(i) the State policy; or 16
(ii) the regional vegetation management code for the 17
plan area. 18
`(3) In this section-- 19
condition, for an area management plan, includes a condition 20
about any of the following-- 21
(a) the management intent of the plan; 22
(b) a management outcome of the plan; 23
(c) clearing vegetation or restricting the clearing of 24
vegetation under the plan. 25
`20S Other requirements for approving draft plan 26
`(1) If the chief executive approves a draft plan as an area 27
management plan, the chief executive must-- 28
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Natural Resources and Other Legislation Amendment Bill (No. 2) 2010
Part 12 Amendment of Vegetation Management Act 1999
[s 47]
(a) decide the period, of no longer than 10 years, for which 1
the area management plan will be in force (the plan 2
period); and 3
(b) ensure the following is stated on the area management 4
plan-- 5
(i) the plan period; 6
(ii) each relevant mandatory condition; and 7
(c) give the applicant-- 8
(i) a copy of the area management plan; and 9
(ii) if the plan period is not 10 years--an information 10
notice about the decision under paragraph (a). 11
`(2) If the chief executive decides to approve the draft plan for 12
only part of the proposed area, the chief executive must also-- 13
(a) ensure the part of the area is accurately shown in the 14
area management plan; and 15
(b) give the applicant an information notice about the 16
decision. 17
`(3) If the chief executive decides to impose an additional 18
condition on the area management plan under section 20R, the 19
chief executive must also-- 20
(a) ensure the condition is stated on or reflected in the plan; 21
and 22
(b) give the applicant an information notice about the 23
decision. 24
`20T Other requirements for accrediting existing 25
planning document 26
`(1) If the chief executive accredits an existing planning document 27
as an area management plan, the chief executive must-- 28
(a) give the applicant written notice of the accreditation (the 29
accreditation notice); and 30
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Natural Resources and Other Legislation Amendment Bill (No. 2) 2010
Part 12 Amendment of Vegetation Management Act 1999
[s 47]
(b) ensure the accreditation notice states each relevant 1
mandatory condition. 2
`(2) The accreditation notice forms part of the area management 3
plan. 4
`20U Refusing to approve draft plan or accredit planning 5
document 6
`(1) Without limiting section 20O(1)(b) or (3)(b), the chief 7
executive may refuse to approve a draft plan or accredit an 8
existing planning document if-- 9
(a) the chief executive has asked the applicant for 10
information or a document under section 20N(1) and the 11
applicant has not given the chief executive the 12
information or document within the period mentioned in 13
section 20N(2)(a); or 14
(b) the chief executive considers that approving the draft 15
plan or accrediting the existing planning document is 16
not in the interests of the State, having regard to the 17
public interest. 18
`(2) If the chief executive decides to refuse to approve a draft plan 19
or accredit an existing planning document, the chief executive 20
must give the applicant an information notice about the 21
decision. 22
`Subdivision 3 Keeping plans 23
`20V Register of area management plans 24
`(1) The chief executive must-- 25
(a) give each area management plan a unique identifying 26
number (the identifying number); and 27
(b) keep a register of area management plans. 28
`(2) The register must include, for each area management plan-- 29
(a) the type of the plan; and 30
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Natural Resources and Other Legislation Amendment Bill (No. 2) 2010
Part 12 Amendment of Vegetation Management Act 1999
[s 47]
(b) the identifying number for the plan; and 1
(c) the name of the applicant for approval of the draft plan 2
or accreditation of the existing planning document to 3
which the area management plan relates; and 4
(d) the location and extent of the plan area; and 5
(e) a record of any amendments of the plan under 6
subdivision 6. 7
`(3) The chief executive may also keep in the register other 8
information about an area management plan the chief 9
executive considers appropriate. 10
`(4) A person's name under subsection (2)(c) must not be 11
contained in the publicly available part of the register. 12
`(5) The chief executive must publish the register, other than a 13
person's name under subsection (2)(c), on the department's 14
website. 15
`Subdivision 4 Notifying clearing under plans 16
`20W Requirement to give clearing notification 17
`(1) This section applies to an owner of land if-- 18
(a) there is an area management plan in force for the area in 19
which the land is situated; and 20
(b) the owner proposes to clear vegetation on the land under 21
the plan. 22
`(2) The owner must give the chief executive a notice in the 23
approved form (an area management clearing notification) 24
stating-- 25
(a) the identifying number for the area management plan; 26
and 27
(b) the real property description of the land; and 28
(c) the location and extent of the area proposed to be 29
cleared (the clearing area); and 30
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Natural Resources and Other Legislation Amendment Bill (No. 2) 2010
Part 12 Amendment of Vegetation Management Act 1999
[s 47]
(d) the purpose of clearing the vegetation. 1
`20X Offence to clear vegetation under plan without 2
clearing notification 3
`(1) This section applies to clearing vegetation on land in an area 4
for which an area management plan is in force. 5
`(2) The owner of the land must not clear the vegetation or allow 6
the vegetation to be cleared under the area management plan 7
unless the owner has given the chief executive an area 8
management clearing notification for the clearing. 9
Maximum penalty--50 penalty units. 10
`20Y Register of area management clearing notifications 11
`(1) The chief executive must keep a register of area management 12
clearing notifications. 13
`(2) The register must include, for each area management clearing 14
notification-- 15
(a) the type of the area management plan to which the 16
notification relates; and 17
(b) the identifying number for the plan; and 18
(c) the name of the person who gave the notification; and 19
(d) the real property description of the land the subject of 20
the notification; and 21
(e) the location and extent of the clearing area; and 22
(f) the purpose of clearing the vegetation to which the 23
notification relates; and 24
(g) the day the chief executive received the notification. 25
`(3) The chief executive may also keep in the register other 26
information about an area management clearing notification. 27
`(4) A person's name under subsection (2)(c) must not be 28
contained in the publicly available part of the register. 29
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Natural Resources and Other Legislation Amendment Bill (No. 2) 2010
Part 12 Amendment of Vegetation Management Act 1999
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`(5) The chief executive must publish the register, other than a 1
person's name under subsection (2)(c), on the department's 2
website. 3
`Subdivision 5 Duration of plans 4
`20Z When area management plan ends 5
`(1) An area management plan consisting of an approved draft 6
plan remains in force until the end of the plan period for the 7
plan. 8
`(2) An area management plan consisting of an accredited existing 9
planning document remains in force until the first of the 10
following happens-- 11
(a) the end of 10 years after the accreditation; 12
(b) the existing planning document stops being in force. 13
`Subdivision 6 Amending plans 14
`20ZA Definition for sdiv 6 15
`In this subdivision-- 16
applicant means-- 17
(a) for an area management plan consisting of an approved 18
draft plan--the person who applied for the approval; or 19
(b) for an area management plan consisting of an accredited 20
existing planning document--the person who applied 21
for the accreditation. 22
`20ZB Amendment by chief executive 23
`(1) The chief executive may amend an area management plan if-- 24
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Natural Resources and Other Legislation Amendment Bill (No. 2) 2010
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(a) the amendment is only to correct a minor error in the 1
plan, or make another change that is not a change of 2
substance; or 3
(b) the chief executive considers it is necessary or 4
appropriate to amend the plan because the plan-- 5
(i) has become inconsistent with the State policy or 6
the regional vegetation management code for the 7
plan area; or 8
(ii) will become inconsistent with the State policy or 9
relevant regional vegetation management code if it 10
is not amended; or 11
Examples-- 12
1 An area management plan becomes inconsistent with the 13
relevant regional vegetation management code because of a 14
change to the code. 15
2 An area management plan consisting of an accredited 16
existing planning document becomes inconsistent with the 17
relevant regional vegetation management code because of 18
an amendment of the document. 19
(c) for an area management plan consisting of an accredited 20
existing planning document-- 21
(i) the document has been, or is expected to be, 22
amended; and 23
(ii) the chief executive considers that, because of the 24
amendment, the document no longer satisfies or 25
will no longer satisfy a criterion under section 26
20P(b) to (d). 27
`(2) However, the amendment of an area management plan 28
consisting of an accredited existing planning document may 29
relate only to a criterion under section 20P(b) to (e) for 30
vegetation management or clearing vegetation under the plan. 31
`(3) If the chief executive amends an area management plan under 32
subsection (1), the chief executive must ensure the 33
amendment is clearly shown on-- 34
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Natural Resources and Other Legislation Amendment Bill (No. 2) 2010
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[s 47]
(a) for an area management plan consisting of an approved 1
draft plan--the area management plan; or 2
(b) for an area management plan consisting of an accredited 3
existing planning document--the accreditation notice 4
for the plan. 5
`(4) If the chief executive amends an area management plan under 6
subsection (1)(a), the chief executive must give the applicant 7
written notice of the amendment. 8
`(5) If the chief executive decides to amend an area management 9
plan under subsection (1)(b) or (c), the chief executive must 10
give the applicant-- 11
(a) a copy of the amended area management plan or 12
amended accreditation notice; and 13
(b) an information notice about the decision. 14
`20ZC Amendment application for particular plans 15
`(1) This section applies to an area management plan consisting of 16
an approved draft plan if a change in circumstances 17
significantly affects, or could significantly affect, the 18
operation of the plan. 19
Example-- 20
The applicant for an area management plan wants to use a new and 21
improved method for clearing vegetation that has become available 22
since the plan was approved but is not provided for, or allowed, under 23
the plan. 24
`(2) The applicant may apply to the chief executive to approve an 25
amendment of the area management plan. 26
`(3) However, the applicant can not apply for an approval of an 27
amendment of-- 28
(a) the plan period for the plan; or 29
(b) a mandatory condition. 30
`(4) The application (the amendment application) must be 31
accompanied by-- 32
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(a) a draft amended management plan (the draft amended 1
plan) that clearly shows the amendment; and 2
(b) the fee prescribed under a regulation. 3
`(5) However, the chief executive may waive the fee if the chief 4
executive considers the waiver is in the interest of the State. 5
`(6) Sections 20M(2), 20N, 20O(1) and (2), 20P, 20Q, 20R, 6
20S(1)(c)(i), (2) and (3) and 20U (the applied provisions) 7
apply to the amendment application and draft amended plan 8
as if-- 9
(a) a reference in the applied provisions to the application 10
were a reference to the amendment application; and 11
(b) a reference in the applied provisions to the applicant 12
were a reference to the applicant for the amendment 13
application; and 14
(c) a reference in the applied provisions to the draft plan 15
were a reference to the draft amended plan. 16
`(7) However, the chief executive may approve the amendment of 17
the area management plan only if-- 18
(a) subject to paragraph (c), the chief executive considers 19
the draft amended plan is consistent with the 20
management intent and management outcomes stated in 21
the area management plan (the original plan) to which 22
the amendment application relates; and 23
(b) the draft amended plan does not remove or further 24
restrict a condition on clearing vegetation stated in the 25
original plan; and 26
(c) for a draft amended plan that amends the original plan 27
by enlarging the plan area, the enlargement is no more 28
than 10% of the plan area.'. 29
Clause 48 Amendment of s 30 (Power to enter places) 30
Section 30(1)-- 31
insert-- 32
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`(h) a person proposing to clear vegetation at the place under 1
an area management plan has given the chief executive 2
an area management clearing notification for the place.'. 3
Clause 49 Amendment of s 63A (Review decision) 4
Section 63A-- 5
insert-- 6
`(3) However, subsection (2) does not apply if the review decision 7
relates to an original decision under-- 8
(a) section 20O(1)(b) or (2)(b) or (c), 20R(2) or the 9
provisions as applied under section 20ZC(6); or 10
(b) section 20O(3)(b), 20S(1)(a) or 20ZB(1)(b) or (c).'. 11
Clause 50 Amendment of s 63B (Who may apply for external review) 12
Section 63B-- 13
insert-- 14
`(2) However, subsection (1) does not apply if the review decision 15
relates to an original decision mentioned in section 63A(3).'. 16
Clause 51 Amendment of s 70AB (Copies of documents to be 17
available for inspection and purchase) 18
Section 70AB(1)-- 19
insert-- 20
`(h) an area management plan that does not show the name 21
of a person under section 20V(2)(c).'. 22
Clause 52 Amendment of schedule (Dictionary) 23
(1) Schedule, definitions clearing area, owner and protected 24
wildlife-- 25
omit. 26
(2) Schedule-- 27
Page 61
Natural Resources and Other Legislation Amendment Bill (No. 2) 2010
Part 12 Amendment of Vegetation Management Act 1999
[s 52]
insert-- 1
`accreditation notice, for an area management plan, see 2
section 20T(1)(a). 3
accredited existing planning document, for part 2, division 4
5B, see section 20I. 5
applicant, for part 2, division 5B, subdivision 6, see section 6
20ZA. 7
approved draft plan, for part 2, division 5B, see section 20I. 8
area management clearing notification see section 20W(2). 9
area management plan, for part 2, division 5B, see section 10
20J. 11
clearing area-- 12
(a) for part 2, divisions 4B and 4C, see section 19U(1); or 13
(b) for part 2, division 5B, see section 20W(2)(c). 14
draft plan, for part 2, division 5B, subdivision 2, see section 15
20M(3)(a)(i). 16
existing planning document, for part 2, division 5B, see 17
section 20K. 18
identifying number, for an area management plan, see section 19
20V(1)(a). 20
mandatory condition, of an area management plan, see 21
section 20Q(1). 22
owner, of land-- 23
(a) includes, generally-- 24
(i) for freehold land--the registered owner; or 25
(ii) for a lease, license or permit under the Land Act 26
1994--the lessee, licensee or permittee; or 27
(iii) for indigenous land--the holder of title to the land; 28
or 29
(iv) for any tenure under any other Act--the holder of 30
the tenure; and 31
Page 62
Natural Resources and Other Legislation Amendment Bill (No. 2) 2010
Part 13 Amendment of Water Act 2000
[s 53]
(b) for part 2, division 5B--see section 20I. 1
plan area, for part 2, division 5B, see section 20I. 2
plan period, for an area management plan that consists of an 3
approved draft plan, see section 20S(1)(a). 4
proposed area, for part 2, division 5B, see section 20I. 5
protected wildlife see section 11(2)(a). 6
restricted (fodder harvesting) land, for part 2, division 5B, 7
see section 20I.'. 8
Part 13 Amendment of Water Act 2000 9
Clause 53 Act amended 10
This part amends the Water Act 2000. 11
Clause 54 Insertion of new ch 8, pt 3C 12
Chapter 8-- 13
insert-- 14
`Part 3C Authorities under particular 15
special agreement Acts 16
`992G Definitions for pt 3C 17
`In this part-- 18
environmental impact statement means an environmental 19
impact statement prepared or finalised under-- 20
(a) the Environmental Protection Act 1994; or 21
(b) the Environment Protection and Biodiversity 22
Conservation Act 1999 (Cwlth); or 23
Page 63
Natural Resources and Other Legislation Amendment Bill (No. 2) 2010
Part 13 Amendment of Water Act 2000
[s 54]
(c) the State Development and Public Works Organisation 1
Act 1971. 2
relevant company, for a special agreement Act, means the 3
entity that is authorised to obtain water under the agreement 4
under the special agreement Act. 5
special agreement Act means each of the following Acts-- 6
(a) Alcan Queensland Pty. Limited Agreement Act 1965; 7
(b) Commonwealth Aluminium Corporation Pty. Limited 8
Agreement Act 1957. 9
specified conditions, for a special agreement Act, means-- 10
(a) for the Alcan Queensland Pty. Limited Agreement Act 11
1965--the conditions stated in section 29A(2) of the 12
agreement under that Act; or 13
(b) for the Commonwealth Aluminium Corporation Pty. 14
Limited Agreement Act 1957--the conditions stated in 15
section 32A(2) of the agreement under that Act. 16
threshold limit see the Wild Rivers Act 2005, schedule. 17
Wenlock Basin wild river area means the wild river area 18
under the Wenlock Basin Wild River Declaration. 19
Wenlock Basin Wild River Declaration means the wild river 20
declaration called `Wenlock Basin Wild River Declaration 21
2010' and approved by the Governor in Council on 3 June 22
2010. 23
`992H Application of pt 3C 24
`(1) This part applies to each relevant company for a special 25
agreement Act to the extent the entity is authorised under the 26
special agreement Act to take or interfere with water, other 27
than artesian water or subartesian water connected to artesian 28
water, in the Wenlock Basin wild river area. 29
`(2) This part does not affect a relevant company's right or 30
authority under a special agreement Act to take or interfere 31
with-- 32
Page 64
Natural Resources and Other Legislation Amendment Bill (No. 2) 2010
Part 13 Amendment of Water Act 2000
[s 54]
(a) water that is not in the Wenlock Basin wild river area; or 1
(b) artesian water or subartesian water connected to artesian 2
water in the Wenlock Basin wild river area. 3
`992I Continuation of authority and grant of water licence 4
to replace authority 5
`(1) The authority to take or interfere with the water continues 6
under the special agreement Act until a water licence is 7
granted under this section to replace the authority. 8
`(2) However, the relevant company may take or interfere with the 9
water after the commencement of this section only under a 10
water licence granted under this section to replace all or a part 11
of the authority. 12
`(3) The relevant company may give the chief executive a notice 13
stating the company proposes to-- 14
(a) take or interfere with the water in relation to all or a part 15
of the authority; and 16
(b) obtain a water licence under this section to replace all or 17
the part of the authority. 18
`(4) Subsections (1) and (2) apply despite section 1037A(3) and 19
(4) and anything to the contrary in the special agreement Act. 20
`(5) If a relevant company gives the chief executive a notice under 21
subsection (3), the chief executive must, within 30 business 22
days after receiving the notice, grant the company a water 23
licence to replace all or the part of the authority to which the 24
notice relates. 25
`(6) The water licence may be granted-- 26
(a) with or without conditions; and 27
(b) without the need for an application under section 206. 28
`(7) A condition of the water licence must not be inconsistent 29
with-- 30
(a) the specified conditions for the special agreement Act; 31
or 32
Page 65
Natural Resources and Other Legislation Amendment Bill (No. 2) 2010
Part 13 Amendment of Water Act 2000
[s 54]
(b) information about the threshold limit mentioned in the 1
Wenlock Basin Wild River Declaration, section 11, to 2
the extent the information is not inconsistent with the 3
specified conditions mentioned in paragraph (a); or 4
(c) an environmental impact statement, or any report or 5
study prepared in support of the environmental impact 6
statement, that deals with the taking or interfering with 7
water in the Wenlock Basin wild river area, to the extent 8
the environmental impact statement, report or study is 9
not inconsistent with-- 10
(i) the specified conditions mentioned in paragraph 11
(a); or 12
(ii) the information mentioned in paragraph (b). 13
`(8) If the chief executive grants a water licence under this section, 14
the chief executive must, within 30 business days, give the 15
relevant company-- 16
(a) the water licence in the approved form; and 17
(b) an information notice about the grant. 18
`(9) A water licence granted under this section is taken to be a 19
water licence for this Act. 20
`992J Amendment of water licence that replaces authority 21
`(1) The chief executive may, under section 217 or 218, amend a 22
water licence granted under section 992I. 23
`(2) However, the conditions of the amended water licence must 24
not be inconsistent with-- 25
(a) the specified conditions for the special agreement Act to 26
which it relates; or 27
(b) information about the threshold limit mentioned in the 28
Wenlock Basin Wild River Declaration, section 11, to 29
the extent the information is not inconsistent with the 30
specified conditions mentioned in paragraph (a); or 31
Page 66
Natural Resources and Other Legislation Amendment Bill (No. 2) 2010
Part 13 Amendment of Water Act 2000
[s 55]
(c) an environmental impact statement, or any report or 1
study prepared in support of the environmental impact 2
statement, that deals with the taking or interfering with 3
water in the Wenlock Basin wild river area, to the extent 4
the environmental impact statement, report or study is 5
not inconsistent with-- 6
(i) the specified conditions mentioned in paragraph 7
(a); or 8
(ii) the information mentioned in paragraph (b). 9
`(3) Subsection (2) applies despite section 217. 10
`(4) A relevant company may, by notice given to the chief 11
executive, propose an amendment to its water licence granted 12
under section 992I. 13
`(5) The notice mentioned in subsection (4) must state the 14
proposed amendment. 15
`(6) If the chief executive is satisfied the proposed amended 16
licence would not be inconsistent with a matter mentioned in 17
subsection (2), the chief executive must, within 30 business 18
days after receiving the notice -- 19
(a) amend the licence; and 20
(b) give the licensee-- 21
(i) an amended licence in the approved form; and 22
(ii) an information notice about the amendment. 23
`(7) The chief executive may amend the water licence under 24
subsection (6) without the need for an application under 25
section 216.'. 26
Clause 55 Amendment of sch 4 (Dictionary) 27
Schedule 4-- 28
insert-- 29
`environmental impact statement, for chapter 8, part 3C, see 30
section 992G. 31
Page 67
Natural Resources and Other Legislation Amendment Bill (No. 2) 2010
Part 13 Amendment of Water Act 2000
[s 55]
relevant company, for chapter 8, part 3C, see section 992G. 1
special agreement Act, for chapter 8, part 3C, see section 2
992G. 3
specified conditions, for chapter 8, part 3C, see section 992G. 4
threshold limit, for chapter 8, part 3C, see section 992G. 5
Wenlock Basin wild river area, for chapter 8, part 3C, see 6
section 992G. 7
Wenlock Basin Wild River Declaration, for chapter 8, part 8
3C, see section 992G.'. 9
© State of Queensland 2010
Page 68
AMENDMENTS TO BILL
Natural Resources and Other Legislation Amendment Bill (No. 2) 2010
Natural Resources and Other Legislation
Amendment Bill (No. 2) 2010
Amendments agreed to during Consideration
1 Clause 14 (Insertion of new schs 2 and 3)
Page 20, lines 24 to 26--
omit.
2 Clause 14 (Insertion of new schs 2 and 3)
Page 20, line 28, `4.'--
omit, insert--
`3.'.
3 Clause 14 (Insertion of new schs 2 and 3)
Page 21, line 34, `5.'--
omit, insert--
`4.'.
4 Clause 16 (Insertion of new s 312W)
Page 23, lines 21 to 23--
omit, insert--
`purpose of stimulation, including fracturing, that contain the
following chemicals in more than the maximum amount
prescribed under a regulation--
(a) petroleum hydrocarbons containing benzene,
ethylbenzene, toluene, or xylene;'.
Page 1
Natural Resources and Other Legislation Amendment Bill (No. 2) 2010
5 Clause 17 (Amendment of s 320 (Duty to notify
environmental harm))
Page 24, lines 1 to 31--
omit, insert--
`17 Insertion of new ch 7, pt 1, div 1, hdg
Chapter 7, part 1, before section 319--
insert--
`Division 1 Duty to prevent and minimise
environmental harm'.
`18 Replacement of s 320 (Duty to notify environmental harm)
Section 320--
omit, insert--
`Division 2 Duty to notify of environmental
harm
`Subdivision 1 Preliminary
`320 Definitions for div 2
`In this division--
affected land means land on which an event has caused or
threatens serious or material environmental harm.
employer see section 320B(1).
occupier, of affected land, means a person who lives or works
on the affected land.
primary activity see section 320A(1).
public notice means a notice given in the way, and under the
circumstances, prescribed under a regulation.
Example--
a radio or television broadcast
registered owner, of affected land, means--
Page 2
Natural Resources and Other Legislation Amendment Bill (No. 2) 2010
(a) the registered owner of the land under the Land Title Act
1994; or
(a) the lessee of the land under the Land Act 1994.
`320A Application of div 2
`(1) This division applies if a person--
(a) while carrying out an activity (the primary activity),
becomes aware that an event has happened that causes
or threatens serious or material environmental harm
because of the person's or someone else's act or
omission in carrying out the primary activity or another
activity being carried out in association with the primary
activity; or
(b) while carrying out a chapter 5A activity (also the
primary activity), becomes aware of the happening of 1
or both of the following events--
(i) the activity has negatively affected, or is
reasonably likely to negatively affect, the water
quality of an aquifer;
(ii) the activity has caused the connection of 2 or more
aquifers.
`(2) However, this division does not apply if the event is
authorised to be caused under--
(a) an environmental protection policy; or
(b) a transitional environmental program; or
(c) an environmental protection order; or
(d) an environmental authority; or
(e) a development condition of a development approval; or
(f) a standard environmental condition of a code of
environmental compliance for a chapter 4 activity; or
(g) an emergency direction; or
(h) an accredited ERMP.
Page 3
Natural Resources and Other Legislation Amendment Bill (No. 2) 2010
`Subdivision 2 Duty of person carrying out an
activity
`320B Duty of employee to notify employer
`(1) This section applies if the person is carrying out the primary
activity during the person's employment or engagement by, or
as the agent of, someone else (the employer).
`(2) The person must, no later than 24 hours after becoming aware
of the event and unless the person has a reasonable excuse--
(a) notify the employer of the event, its nature and the
circumstances in which it happened; or
(b) if the employer can not be contacted--give the
administering authority written notice of the event, its
nature and the circumstances in which it happened.
Maximum penalty--100 penalty units.
`320C Duty of other persons to notify particular owners and
occupiers
`(1) This section applies if the person is not carrying out the
primary activity during the person's employment or
engagement by, or as the agent of, someone else.
`(2) The person must, no later than 24 hours after becoming aware
of the event and unless the person has a reasonable excuse,
give the administering authority written notice of the event, its
nature and the circumstances in which it happened.
Maximum penalty--
(a) for an event mentioned in section 320A(1)(a)--500
penalty units; and
(b) for an event mentioned in section 320A(1)(b)--100
penalty units.
`(3) The person must, as soon as reasonably practicable after
becoming aware of the event and unless the person has a
reasonable excuse, give--
Page 4
Natural Resources and Other Legislation Amendment Bill (No. 2) 2010
(a) written notice of the event, its nature and the
circumstances in which it happened to any combination
of the following for the affected land--
(i) any occupier of the affected land;
(ii) any registered owner of the affected land; or
(b) public notice of the event, its nature and the
circumstances in which it happened to persons on the
affected land.
Maximum penalty--
(a) for an event mentioned in section 320A(1)(a)--500
penalty units; and
(b) for an event mentioned in section 320A(1)(b)--100
penalty units.
`Subdivision 3 Duty of employer
`320D Duty of employer to notify particular owners and
occupiers
`(1) This section applies if the employer has been notified under
section 320B(2) of the event.
`(2) The employer must, no later than 24 hours after becoming
aware of the event and unless the employer has a reasonable
excuse, give the administering authority written notice of the
event, its nature and the circumstances in which it happened.
Maximum penalty--
(a) for an event mentioned in section 320A(1)(a)--500
penalty units; and
(b) for an event mentioned in section 320A(1)(b)--100
penalty units.
`(3) The employer must, as soon as reasonably practicable after
becoming aware of the event and unless the person has a
reasonable excuse, give--
Page 5
Natural Resources and Other Legislation Amendment Bill (No. 2) 2010
(a) written notice of the event, its nature and the
circumstances in which it happened to any combination
of the following for the affected land--
(i) any occupier of the affected land;
(ii) any registered owner of the affected land; or
(b) public notice of the event, its nature and the
circumstances in which it happened to persons at the
affected land.
Maximum penalty--
(a) for an event mentioned in section 320A(1)(a)--500
penalty units; and
(b) for an event mentioned in section 320A(1)(b)--100
penalty units.
`Subdivision 4 Miscellaneous
`320E Notice to occupiers of affected land
`(1) Without limiting the ways in which a person or employer may
give written notice to an occupier of affected land under this
division, a person or employer is taken to have given written
notice under this division to an occupier of affected land if the
notice is--
(a) left with someone who is apparently an adult living or
working on the affected land; or
(b) if there is no-one on the affected land or the person has
been denied access to the affected land--left on the
affected land in a position where it is reasonably likely
to come to the occupier's attention; or
(c) posted to the affected land.
`(2) Written notice that is posted to, or left at, affected land may be
addressed to `The Occupier'.
Page 6
Natural Resources and Other Legislation Amendment Bill (No. 2) 2010
`320F Defences and excuses for div 2
`(1) In a proceeding for an offence against a provision of this
division, it is a defence for a person or employer to prove that,
despite failing to comply with the provision, the person or
employer made reasonable efforts to identify the affected land
and give written notice to each registered owner or occupier of
the affected land.
`(2) It is not a reasonable excuse for a person or employer to fail to
comply with an obligation under this division on the ground
that the written notice, or the giving of the written notice,
might tend to incriminate the person or employer.
`320G Use of notice in legal proceedings
`(1) A written notice given by a person or employer under this
division is not admissible in evidence against the person or
employer in a prosecution for an offence against this Act that
is constituted by the act or omission that caused the event
under the notice.
`(2) This section does not prevent other evidence obtained because
of the written notice, or the giving of the written notice, being
admitted in any legal proceeding against the person or
employer.'.'.
6 Clause 18 (Insertion of new s 320A)
Page 25, lines 1 to 30 and page 26, lines 1 to 11--
omit.
7 Clause 25 (Amendment of s 464 (Insertion of new pt 19,
div 13, sdiv 2))
Page 28, line 7, `after'--
omit.
Page 7
Natural Resources and Other Legislation Amendment Bill (No. 2) 2010
8 Clause 25 (Amendment of s 464 (Insertion of new pt 19,
div 13, sdiv 2))
Page 28, line 27, `omit,'--
omit.
© State of Queensland 2010
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