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Queensland
North Stradbroke Island
Protection and Sustainability
and Other Acts Amendment
Bill 2015
Queensland
North Stradbroke Island Protection and
Sustainability and Other Acts Amendment
Bill 2015
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Part 2 Amendment of North Stradbroke Island Protection and
Sustainability Act 2011
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Amendment of long title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
5 Amendment of s 2 (Object of Act) . . . . . . . . . . . . . . . . . . . . . . . . 7
6 Amendment of s 9 (Termination of mining lease 1109 if not renewed) 7
7 Amendment of s 10 (Particular NSI mining interests not to be renewed)
7
8 Amendment of s 11 (Renewal of particular NSI mining leases) . . 7
9 Replacement of s 11A (Mining lease 1120 no longer subject to particular
condition for renewal) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
11A Part of mining lease 1120 subject to particular condition for
renewal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
10 Omission of ss 11B-11J. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
11 Amendment of s 14 (Prohibition on grant of NSI mining interest) 8
12 Amendment of s 15 (Purpose of div 3). . . . . . . . . . . . . . . . . . . . . 8
13 Replacement of s 17 (Replacement of environmental authority
MIN100971509) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
16 Definitions for division. . . . . . . . . . . . . . . . . . . . . . . . . 9
17 Statutory conditions of environmental authority for
Enterprise Mine . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
18 Application by Enterprise Mine lease holder to amend
restricted mine path map area . . . . . . . . . . . . . . . . . . 11
19 Minister to decide application . . . . . . . . . . . . . . . . . . . 12
North Stradbroke Island Protection and Sustainability and Other Acts Amendment Bill 2015
Contents
20 Steps after making decision . . . . . . . . . . . . . . . . . . . . 13
21 Application to amend environmental authority under the
Environmental Protection Act . . . . . . . . . . . . . . . . . . . 14
14 Omission of ss 23 and 24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
15 Omission of sch 2A (Environmental authority EPML00575913) . 14
16 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 15
Part 3 Amendment of Coal Mining Safety and Health Act 1999
17 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
18 Amendment of s 9 (Meaning of coal mine). . . . . . . . . . . . . . . . . . 16
19 Amendment of s 70 (Responsibility for protecting abandoned coal
mines). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Part 4 Amendment of Environmental Protection Act 1994
20 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
21 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 17
Part 5 Amendment of Land Court Act 2000
22 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
23 Insertion of new pt 6, div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Division 6 Transitional provisions for North Stradbroke
Island Protection and Sustainability and Other
Acts Amendment Act 2015
98 Extension of particular transitional regulation-making power
18
99 Expiry of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Part 6 Amendment of Mineral Resources Act 1989
24 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
25 Amendment of ch 13, pt 4, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . 19
26 Amendment of s 344 (Definitions for pt 4) . . . . . . . . . . . . . . . . . . 19
27 Amendment of s 344A (Authorised person to carry out rehabilitation
activities) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
28 Amendment of s 344B (Entering land to carry out rehabilitation
activities) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
29 Amendment of s 344C (Notice of entry) . . . . . . . . . . . . . . . . . . . . 22
30 Insertion of new ss 345-348 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
345 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
346 Land Court's decision about compensation . . . . . . . . 24
347 Application of particular provisions about compensation 25
348 Liability for payment of compensation to native title holders
25
Page 2
North Stradbroke Island Protection and Sustainability and Other Acts Amendment Bill 2015
Contents
31 Amendment of s 363 (Substantive jurisdiction) . . . . . . . . . . . . . . 25
32 Amendment of s 398 (Delegation by Minister and chief executive) 26
33 Amendment of s 411 (Indemnity against liability). . . . . . . . . . . . . 26
34 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 26
Part 7 Amendment of Mining and Quarrying Safety and Health Act
1999
35 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
36 Amendment of s 9 (Meaning of mine) . . . . . . . . . . . . . . . . . . . . . 27
37 Amendment of s 61 (Responsibility for protecting abandoned mines) 27
Page 3
2015
A Bill
for
An Act to amend the Coal Mining Safety and Health Act 1999,
the Environmental Protection Act 1994, the Land Court Act
2000, the Mineral Resources Act 1989, the Mining and
Quarrying Safety and Health Act 1999, and the North
Stradbroke Island Protection and Sustainability Act 2011 for
particular purposes
North Stradbroke Island Protection and Sustainability and Other Acts Amendment Bill 2015
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 North Stradbroke Island 4
Protection and Sustainability and Other Acts Amendment Act 5
2015. 6
Clause 2 Commencement 7
Part 5 commences on a day to be fixed by proclamation. 8
Part 2 Amendment of North 9
Stradbroke Island Protection 10
and Sustainability Act 2011 11
Clause 3 Act amended 12
This part amends the North Stradbroke Island Protection and 13
Sustainability Act 2011. 14
Clause 4 Amendment of long title 15
Long title, from 'Region,'-- 16
omit, insert-- 17
Region 18
Page 6
North Stradbroke Island Protection and Sustainability and Other Acts Amendment Bill 2015
Part 2 Amendment of North Stradbroke Island Protection and Sustainability Act 2011
[s 5]
Clause 5 Amendment of s 2 (Object of Act) 1
Section 2, from '2035' to '2040)'-- 2
omit, insert-- 3
2019 4
Clause 6 Amendment of s 9 (Termination of mining lease 1109 if 5
not renewed) 6
(1) Section 9, heading, 'if not renewed'-- 7
omit. 8
(2) Section 9(1), '31 December 2015'-- 9
omit, insert-- 10
the day that is 12 months after the commencement 11
(3) Section 9(2), from 'Act after', including note-- 12
omit, insert-- 13
Act. 14
Clause 7 Amendment of s 10 (Particular NSI mining interests not to 15
be renewed) 16
Section 10(3), note-- 17
omit. 18
Clause 8 Amendment of s 11 (Renewal of particular NSI mining 19
leases) 20
(1) Section 11(2)(b)(i), note-- 21
omit. 22
(2) Section 11(5), note-- 23
omit. 24
Page 7
North Stradbroke Island Protection and Sustainability and Other Acts Amendment Bill 2015
Part 2 Amendment of North Stradbroke Island Protection and Sustainability Act 2011
[s 9]
Clause 9 Replacement of s 11A (Mining lease 1120 no longer 1
subject to particular condition for renewal) 2
Section 11A-- 3
omit, insert-- 4
11A Part of mining lease 1120 subject to particular 5
condition for renewal 6
On and from the commencement, mining lease 1120 is 7
subject to the condition stated opposite the mining 8
lease in schedule 1, column 3 only in relation to the 9
area of land, over which the lease is granted, that is 10
outside the restricted mine path for the mining lease. 11
Clause 10 Omission of ss 11B-11J 12
Sections 11B to 11J-- 13
omit. 14
Clause 11 Amendment of s 14 (Prohibition on grant of NSI mining 15
interest) 16
Section 14(2)-- 17
omit, insert-- 18
(2) In this section-- 19
NSI mining interest does not include an 20
authorisation under the Mineral Resources Act, 21
section 344A over land in the North Stradbroke 22
Island Region. 23
Clause 12 Amendment of s 15 (Purpose of div 3) 24
Section 15, 'replacement and further amendment of'-- 25
omit, insert-- 26
restriction of the winning of a mineral in relation to 27
Page 8
North Stradbroke Island Protection and Sustainability and Other Acts Amendment Bill 2015
Part 2 Amendment of North Stradbroke Island Protection and Sustainability Act 2011
[s 13]
Clause 13 Replacement of s 17 (Replacement of environmental 1
authority MIN100971509) 2
Section 17-- 3
omit, insert-- 4
16 Definitions for division 5
In this division-- 6
limit of disturbance, for an Enterprise Mine 7
lease, means-- 8
(a) the area shown as the limit of disturbance 9
for the lease on the restricted mine path 10
map; or 11
(b) if the area mentioned in paragraph (a) is 12
amended under section 19--the area as 13
amended. 14
restricted mine path map area, for an Enterprise 15
Mine lease, means any of the following for the 16
lease-- 17
(a) the dredge path; 18
(b) the dry mining area; 19
(c) the limit of disturbance. 20
threatened ecosystem means an ecosystem 21
identified as one of the following in the database 22
known as the Regional Ecosystem Description 23
Database kept by the department-- 24
(a) an endangered dominant ecosystem; 25
(b) an endangered sub-dominant ecosystem; 26
(c) an of concern dominant ecosystem; 27
(d) an of concern sub-dominant ecosystem. 28
Editor's note-- 29
The Regional Ecosystem Description Database is 30
available for inspection-- 31
Page 9
North Stradbroke Island Protection and Sustainability and Other Acts Amendment Bill 2015
Part 2 Amendment of North Stradbroke Island Protection and Sustainability Act 2011
[s 13]
(a) during office hours, at the Queensland Herbarium, 1
Brisbane Botanic Gardens, Mt Coot-tha Road, 2
Toowong and each regional office of the 3
department; and 4
(b) on the department's website. 5
17 Statutory conditions of environmental 6
authority for Enterprise Mine 7
(1) Environmental authority EPML00575913 is 8
taken to include the following conditions (the 9
statutory conditions)-- 10
(a) subject to paragraph (c), mining activities 11
that are the winning of a mineral from the 12
place where it occurs may be conducted 13
only within the restricted mine path for an 14
Enterprise Mine lease; 15
(b) mining activities that are the winning of a 16
mineral from the place where it occurs 17
within the restricted mine path for an 18
Enterprise Mine lease may be conducted 19
only until the end of 31 December 2019; 20
(c) dredging may be conducted only within the 21
dredge path; 22
(d) disturbance of land may only occur within 23
the limit of disturbance. 24
(2) If a condition of environmental authority 25
EPML00575913 is inconsistent with a statutory 26
condition, the statutory condition prevails to the 27
extent of the inconsistency. 28
(3) The administering authority for the 29
environmental authority under the Environmental 30
Protection Act may amend the environmental 31
authority to ensure it is consistent with the 32
statutory conditions. 33
(4) In this section-- 34
Page 10
North Stradbroke Island Protection and Sustainability and Other Acts Amendment Bill 2015
Part 2 Amendment of North Stradbroke Island Protection and Sustainability Act 2011
[s 13]
disturbance of land means any of the 1
following-- 2
(a) compacting, removing, covering, exposing 3
or stockpiling earth; 4
(b) removing or destroying vegetation or topsoil 5
from land to an extent that the land is 6
susceptible to erosion; 7
(c) carrying out mining; 8
(d) submerging an area with tailings or waste; 9
(e) constructing infrastructure on land, 10
including roads, tracks, bridges, culverts, 11
dams, buildings, fixed machinery, hardstand 12
areas, airstrips, and helipads; 13
(f) releasing contaminants into the soil or 14
subsoil. 15
18 Application by Enterprise Mine lease holder to 16
amend restricted mine path map area 17
(1) The holder of an Enterprise Mine lease may, 18
within 4 months after the commencement, apply 19
to the Minister to amend a restricted mine path 20
map area for the lease to add an area of land to, or 21
remove an area of land from, the restricted mine 22
path map area. 23
(2) The holder may apply under subsection (1) only 24
once. 25
(3) The application must be-- 26
(a) in the approved form for an amendment 27
application under the Environmental 28
Protection Act, section 224; and 29
(b) accompanied by-- 30
(i) if land is proposed to be added to the 31
restricted mine path map area--a 32
cultural heritage study for the land; and 33
Page 11
North Stradbroke Island Protection and Sustainability and Other Acts Amendment Bill 2015
Part 2 Amendment of North Stradbroke Island Protection and Sustainability Act 2011
[s 13]
(ii) a map showing the location of any 1
threatened ecosystem that may be 2
affected by the proposed amendment; 3
and 4
(c) supported by enough information to allow 5
the Minister to decide the application. 6
(4) In this section-- 7
cultural heritage study see the Aboriginal 8
Cultural Heritage Act 2003, schedule 2. 9
19 Minister to decide application 10
(1) The Minister must, within 20 business days after 11
receiving an application under section 18(1), 12
decide to grant or refuse the application. 13
(2) The Minister may amend the restricted mine path 14
map area to add an area of land only if-- 15
(a) the land proposed to be added is not, or does 16
not include, a threatened ecosystem; and 17
(b) the Minister is satisfied that, compared to 18
any adverse impact of the restricted mine 19
path map area before the addition of the 20
land, the amended area is not likely to have 21
a significantly greater adverse impact on-- 22
(i) Aboriginal cultural heritage; or 23
(ii) a threatened ecosystem; and 24
(c) the addition of the land will not result in the 25
total area of the restricted mine path for an 26
Enterprise Mine lease, or the total area of 27
the limit of disturbance, being increased in 28
size; and 29
(d) the addition of the land is consistent with the 30
conditions applying under environmental 31
authority EPML00575913; and 32
Page 12
North Stradbroke Island Protection and Sustainability and Other Acts Amendment Bill 2015
Part 2 Amendment of North Stradbroke Island Protection and Sustainability Act 2011
[s 13]
(e) there is an ILUA that regulates future acts in 1
relation to the land. 2
(3) In this section-- 3
Aboriginal cultural heritage see the Aboriginal 4
Cultural Heritage Act 2003, section 8. 5
future act see the Native Title Act 1993 (Cwlth), 6
section 233. 7
ILUA means an indigenous land use agreement 8
for which an application for registration, on the 9
Register of Indigenous Land Use Agreements, 10
has been made under the Native Title Act 1993 11
(Cwlth). 12
20 Steps after making decision 13
(1) If the Minister decides to grant the application, 14
the Minister must, within 10 business days after 15
making the decision-- 16
(a) amend the environmental authority to give 17
effect to the amendment of the restricted 18
mine path map area; and 19
(b) record particulars of the amendment in the 20
appropriate register under the 21
Environmental Protection Act, section 540, 22
as if the environmental authority had been 23
amended under that Act; and 24
(c) give the applicant a copy of the amended 25
environmental authority. 26
(2) The amendment takes effect on-- 27
(a) the day the Minister decides the application 28
under section 19; or 29
(b) if a later day is stated in the environmental 30
authority--the later day. 31
Page 13
North Stradbroke Island Protection and Sustainability and Other Acts Amendment Bill 2015
Part 2 Amendment of North Stradbroke Island Protection and Sustainability Act 2011
[s 14]
(3) If the Minister decides to refuse the application, 1
the Minister must, within 10 business days after 2
making the decision, give the applicant written 3
notice of the decision. 4
21 Application to amend environmental authority 5
under the Environmental Protection Act 6
(1) Sections 17, 18 and 19 do not stop the holder of 7
environmental authority EPML00575913, 8
whether or not amended under section 19, from 9
applying to amend the environmental authority 10
under the Environmental Protection Act, chapter 11
5, part 7. 12
(2) However, an amendment of the environmental 13
authority under the Environmental Protection Act 14
can not be made if the amendment would-- 15
(a) amend a restricted mine path map area; or 16
(b) amend a condition of the environmental 17
authority mentioned in section 17(1). 18
(3) This section applies despite any provision of the 19
Environmental Protection Act or any other Act or 20
law. 21
Clause 14 Omission of ss 23 and 24 22
Sections 23 and 24-- 23
omit. 24
Clause 15 Omission of sch 2A (Environmental authority 25
EPML00575913) 26
Schedule 2A-- 27
omit. 28
Page 14
North Stradbroke Island Protection and Sustainability and Other Acts Amendment Bill 2015
Part 2 Amendment of North Stradbroke Island Protection and Sustainability Act 2011
[s 16]
Clause 16 Amendment of sch 3 (Dictionary) 1
(1) Schedule 3, definition commencement-- 2
omit. 3
(2) Schedule 3-- 4
insert-- 5
dredge path, for an Enterprise Mine lease, 6
means-- 7
(a) the area shown as the dredge path for the 8
lease on the restricted mine path map; or 9
(b) if the area mentioned in paragraph (a) is 10
amended under section 19--the area as 11
amended. 12
dry mining area, for an Enterprise Mine lease, 13
means-- 14
(a) the area shown as dry mining for the lease 15
on the restricted mine path map; or 16
(b) if the area mentioned in paragraph (a) is 17
amended under section 19--the area as 18
amended. 19
Enterprise Mine lease means mining lease 1105, 20
mining lease 1117 or mining lease 1120. 21
environmental authority see the Environmental 22
Protection Act, schedule 4. 23
holder, of a mining lease, means the holder of the 24
lease under the Mineral Resources Act. 25
limit of disturbance, for part 2, division 3, see 26
section 16. 27
restricted mine path, for an Enterprise Mine 28
lease, means-- 29
(a) the area comprising the dredge path and the 30
dry mining area for the lease; or 31
Page 15
North Stradbroke Island Protection and Sustainability and Other Acts Amendment Bill 2015
Part 3 Amendment of Coal Mining Safety and Health Act 1999
[s 17]
(b) if the area mentioned in paragraph (a) is 1
amended under section 19--the area as 2
amended. 3
restricted mine path map means the map titled 4
'NSI 3' approved by the chief executive on 18 5
November 2015 and held by the department. 6
restricted mine path map area, for part 2, 7
division 3, see section 16. 8
threatened ecosystem, for part 2, division 3, see 9
section 16. 10
Part 3 Amendment of Coal Mining 11
Safety and Health Act 1999 12
Clause 17 Act amended 13
This part amends the Coal Mining Safety and Health Act 14
1999. 15
Clause 18 Amendment of s 9 (Meaning of coal mine) 16
(1) Section 9(1)(d), from 'while'-- 17
omit, insert-- 18
while-- 19
(i) works are done to secure it after its 20
abandonment; or 21
(ii) an authorisation to enter land under the 22
Mineral Resources Act 1989, section 23
344A(3) is in force for the place, or 24
part of the place; 25
Page 16
North Stradbroke Island Protection and Sustainability and Other Acts Amendment Bill 2015
Part 4 Amendment of Environmental Protection Act 1994
[s 19]
(2) Section 9(3), 'subsection (1)(d)'-- 1
omit, insert-- 2
subsection (1)(d)(i) 3
Clause 19 Amendment of s 70 (Responsibility for protecting 4
abandoned coal mines) 5
Section 70-- 6
insert-- 7
(6) In this section-- 8
environmental authority see the Environmental 9
Protection Act 1994, schedule 4. 10
holder, for a coal mine, includes the holder of an 11
environmental authority to carry out on-site 12
activities for land on which the coal mine is 13
located. 14
Part 4 Amendment of Environmental 15
Protection Act 1994 16
Clause 20 Act amended 17
This part amends the Environmental Protection Act 1994. 18
Clause 21 Amendment of sch 4 (Dictionary) 19
Schedule 4, definition holder-- 20
insert-- 21
4A However, if a resource tenure for which a 22
holder has an environmental authority ends, 23
the person who was the holder of the tenure 24
under resource legislation immediately 25
Page 17
North Stradbroke Island Protection and Sustainability and Other Acts Amendment Bill 2015
Part 5 Amendment of Land Court Act 2000
[s 22]
before it ended continues to be the holder of 1
the environmental authority. 2
Part 5 Amendment of Land Court Act 3
2000 4
Clause 22 Act amended 5
This part amends the Land Court Act 2000. 6
Clause 23 Insertion of new pt 6, div 6 7
Part 6-- 8
insert-- 9
Division 6 Transitional provisions for 10
North Stradbroke Island 11
Protection and 12
Sustainability and Other 13
Acts Amendment Act 2015 14
98 Extension of particular transitional 15
regulation-making power 16
A transitional regulation under section 97 may 17
provide that the provisions of this Act, with 18
necessary modifications provided in the 19
regulation, apply to the Land Court in the 20
performance of a function or exercise of a power 21
conferred on the court under the Mineral 22
Resources Act 1989, sections 345 and 346. 23
Page 18
North Stradbroke Island Protection and Sustainability and Other Acts Amendment Bill 2015
Part 6 Amendment of Mineral Resources Act 1989
[s 24]
99 Expiry of division 1
This division expires 1 year after the day section 2
97 commences. 3
Part 6 Amendment of Mineral 4
Resources Act 1989 5
Clause 24 Act amended 6
This part amends the Mineral Resources Act 1989. 7
Clause 25 Amendment of ch 13, pt 4, hdg 8
Chapter 13, part 4, heading, after 'mines'-- 9
insert-- 10
and final rehabilitation sites 11
Clause 26 Amendment of s 344 (Definitions for pt 4) 12
(1) Section 344, definition abandoned mine-- 13
omit. 14
(2) Section 344-- 15
insert-- 16
abandoned mine means a site-- 17
(a) where mining or mining exploration 18
activities have been carried out; and 19
(b) for which no current mining lease or mining 20
claim is granted; and 21
(c) for which no environmental authority for the 22
activities mentioned in paragraph (a) is in 23
force. 24
Page 19
North Stradbroke Island Protection and Sustainability and Other Acts Amendment Bill 2015
Part 6 Amendment of Mineral Resources Act 1989
[s 27]
final rehabilitation site means a site-- 1
(a) where mining or mining exploration 2
activities have been carried out; and 3
(b) for which no current mining lease or mining 4
claim is granted; and 5
(c) for which an environmental authority for the 6
mining activities mentioned in paragraph (a) 7
is in force. 8
holder, of an environmental authority, means the 9
holder of the environmental authority under the 10
Environmental Protection Act. 11
(3) Section 344, definition authorised person, from 'chief 12
executive,'-- 13
omit, insert-- 14
chief executive under section 344A(1) or (3). 15
(4) Section 344, definition rehabilitation activities, '344A'-- 16
omit, insert-- 17
344A(1) and (3) 18
Clause 27 Amendment of s 344A (Authorised person to carry out 19
rehabilitation activities) 20
Section 344A-- 21
insert-- 22
(2) Subsection (3) applies to land on which a final 23
rehabilitation site exists. 24
(3) The chief executive may authorise the holder of 25
an environmental authority that is in force for the 26
land to enter the land, or part of the land, to carry 27
out activities under the environmental authority 28
(also rehabilitation activities) for the 29
rehabilitation or environmental management of 30
the land. 31
Page 20
North Stradbroke Island Protection and Sustainability and Other Acts Amendment Bill 2015
Part 6 Amendment of Mineral Resources Act 1989
[s 27]
(4) An authorisation under subsection (3) must be in 1
writing and state the period for which the holder 2
is authorised to enter the land. 3
(5) However, the chief executive may authorise the 4
holder to enter the land under subsection (3) only 5
if-- 6
(a) a provision of an Act prevented the holder of 7
an expired mining tenement for the final 8
rehabilitation site from applying to renew 9
the tenement within the renewal period for 10
the tenement; or 11
(b) an application to renew an expired mining 12
tenement for the final rehabilitation site was 13
refused other than because the Minister was 14
not satisfied about a matter mentioned in-- 15
(i) section 93(3)(b)(i) or (ii); or 16
(ii) section 286A(1)(a). 17
(6) If the chief executive authorises a holder to enter 18
land under subsection (3), the following persons 19
are also authorised to enter the land to carry out 20
rehabilitation activities mentioned in the 21
subsection-- 22
(a) an officer or employee of the holder; and 23
(b) a person engaged by the holder under a 24
contract or other arrangement to carry out 25
the rehabilitation activities. 26
(7) In this section-- 27
expired mining tenement, for a final 28
rehabilitation site, means a mining lease or 29
mining claim for the site-- 30
(a) under which a mining activity was carried 31
out; and 32
(b) that is no longer in force. 33
Page 21
North Stradbroke Island Protection and Sustainability and Other Acts Amendment Bill 2015
Part 6 Amendment of Mineral Resources Act 1989
[s 28]
renewal period-- 1
(a) for an expired mining tenement that is a 2
mining claim--means the period stated in 3
section 93(1) in which the holder of the 4
mining claim may apply for its renewal; or 5
(b) for an expired mining tenement that is a 6
mining lease--means the period that is-- 7
(i) at least 6 months, or any shorter period 8
allowed by the Minister, before the 9
current term of the lease expires; and 10
(ii) not more than 1 year before the current 11
term expires. 12
Clause 28 Amendment of s 344B (Entering land to carry out 13
rehabilitation activities) 14
(1) Section 344B(1)(a), after 'mine'-- 15
insert-- 16
or a final rehabilitation site 17
(2) Section 344B(2)(b), '10 business days'-- 18
omit, insert-- 19
6 months 20
Clause 29 Amendment of s 344C (Notice of entry) 21
(1) Section 344C(1)-- 22
insert-- 23
(ab) if the entry is authorised under section 24
344A(3) and paragraph (a) does not 25
apply--at least 10 business days before 26
entering the land; or 27
(2) Section 344C(1)(ab) and (b)-- 28
renumber as section 344C(1)(b) and (c). 29
Page 22
North Stradbroke Island Protection and Sustainability and Other Acts Amendment Bill 2015
Part 6 Amendment of Mineral Resources Act 1989
[s 30]
Clause 30 Insertion of new ss 345-348 1
Chapter 13, part 4-- 2
insert-- 3
345 Compensation 4
(1) The holder of an environmental authority who is 5
authorised under section 344A(3) to enter land 6
must pay compensation to each owner of the 7
land-- 8
(a) in compliance with an agreement (a 9
compensation agreement) between the 10
holder and each owner of the land; or 11
(b) as decided by the Land Court. 12
(2) A compensation agreement has no effect unless 13
the agreement is-- 14
(a) in writing; and 15
(b) signed by or for the parties to the agreement; 16
and 17
(c) filed. 18
(3) If a compensation agreement is required by a law 19
of Queensland to be stamped, it may not be filed 20
until it is stamped according to law. 21
(4) At any time before a compensation agreement is 22
made, a person who could be a party to the 23
agreement may apply in writing to the chief 24
executive to have the Land Court decide the 25
amount of compensation and the terms, 26
conditions and times of its payment. 27
(5) If a person applies to the chief executive under 28
subsection (4), the chief executive must refer the 29
issue of compensation to the Land Court for its 30
decision. 31
Page 23
North Stradbroke Island Protection and Sustainability and Other Acts Amendment Bill 2015
Part 6 Amendment of Mineral Resources Act 1989
[s 30]
346 Land Court's decision about compensation 1
(1) This section applies if the chief executive refers a 2
matter to the Land Court under section 345(5). 3
(2) The Land Court must fix a date for the hearing 4
and immediately give written notice of the date 5
to-- 6
(a) the chief executive; and 7
(b) each person mentioned in section 345(1)(a). 8
(3) The date for the hearing must be at least 20 9
business days after the day it is fixed. 10
(4) The Land Court must settle the amount of 11
compensation an owner of land is entitled to as 12
compensation for the matters mentioned in 13
section 281(3)(a)(i) to (vi) as a consequence of 14
the grant of the authorisation to enter the land. 15
(5) In assessing the amount of compensation 16
payable, section 281(4)(a) to (e) applies-- 17
(a) as if the reference in section 281(4)(c) to the 18
application for the grant of the mining lease 19
were a reference to the grant of the 20
authorisation to enter the land; and 21
(b) as if the reference in section 281(4)(d) to the 22
lodgement of the relevant application for the 23
grant of a mining lease were a reference to 24
the grant of the authorisation to enter the 25
land; and 26
(c) as if the reference in section 281(4)(e) to 27
subsection (3) were a reference to 28
subsection (2) of this section; and 29
(d) with any other changes the Land Court 30
considers necessary. 31
(6) Section 281(5), (6) and (7) applies in relation to 32
the Land Court's decision about compensation. 33
Page 24
North Stradbroke Island Protection and Sustainability and Other Acts Amendment Bill 2015
Part 6 Amendment of Mineral Resources Act 1989
[s 31]
347 Application of particular provisions about 1
compensation 2
(1) Section 282 applies in relation to a decision of 3
the Land Court about compensation under this 4
part as if the reference in section 282(1) to 5
section 281 were a reference to section 346. 6
(2) Section 283 applies in relation to an agreement or 7
decision about compensation under this part as if 8
a reference in that section to section 279, 280, 9
281 or 282 included a reference to section 345 or 10
346. 11
348 Liability for payment of compensation to 12
native title holders 13
(1) This section applies if compensation is payable 14
under the Native Title Act 1993 (Cwlth) to native 15
title holders for the grant of an authorisation to 16
enter land under section 344A(3). 17
(2) The person liable to pay the compensation is the 18
holder of the environmental authority who is 19
authorised under section 344A(3) to enter the 20
land. 21
(3) In this section-- 22
native title holders see the Native Title Act 1993 23
(Cwlth), section 224. 24
Clause 31 Amendment of s 363 (Substantive jurisdiction) 25
Section 363(2)-- 26
insert-- 27
(ha) an authorisation to enter land under section 28
344A(3); 29
Page 25
North Stradbroke Island Protection and Sustainability and Other Acts Amendment Bill 2015
Part 6 Amendment of Mineral Resources Act 1989
[s 32]
Clause 32 Amendment of s 398 (Delegation by Minister and chief 1
executive) 2
Section 398-- 3
insert-- 4
(1A) Also, the chief executive may delegate the chief 5
executive's functions under section 344A(3) to 6
the chief executive of the department in which 7
the Environmental Protection Act is 8
administered. 9
Clause 33 Amendment of s 411 (Indemnity against liability) 10
Section 411(1), '344A'-- 11
omit, insert-- 12
344A(1) 13
Clause 34 Amendment of sch 2 (Dictionary) 14
(1) Schedule 2, definition holder-- 15
omit. 16
(2) Schedule 2-- 17
insert-- 18
final rehabilitation site, for chapter 13, part 4, 19
see section 344. 20
holder-- 21
(a) for a prospecting permit, exploration permit, 22
mining claim, mineral development licence 23
or mining lease, means the person in whose 24
name the permit, claim, licence or lease is 25
recorded, and, for chapter 2, part 1, includes 26
a person mentioned in section 13, definition 27
holder; or 28
(b) of an environmental authority, for chapter 29
13, part 4, see section 344. 30
Page 26
North Stradbroke Island Protection and Sustainability and Other Acts Amendment Bill 2015
Part 7 Amendment of Mining and Quarrying Safety and Health Act 1999
[s 35]
Part 7 Amendment of Mining and 1
Quarrying Safety and Health 2
Act 1999 3
Clause 35 Act amended 4
This part amends the Mining and Quarrying Safety and 5
Health Act 1999. 6
Clause 36 Amendment of s 9 (Meaning of mine) 7
(1) Section 9(1)(d), from 'while'-- 8
omit, insert-- 9
while-- 10
(i) works are done to secure it after its 11
abandonment; or 12
(ii) an authorisation to enter land under the 13
Mineral Resources Act 1989, section 14
344A(3) is in force for the place, or 15
part of the place; 16
(2) Section 9(3), 'subsection (1)(d)'-- 17
omit, insert-- 18
subsection (1)(d)(i) 19
Clause 37 Amendment of s 61 (Responsibility for protecting 20
abandoned mines) 21
Section 61-- 22
insert-- 23
(6) In this section-- 24
environmental authority see the Environmental 25
Protection Act 1994, schedule 4. 26
Page 27
North Stradbroke Island Protection and Sustainability and Other Acts Amendment Bill 2015
Part 7 Amendment of Mining and Quarrying Safety and Health Act 1999
[s 37]
holder, for a mine, includes the holder of an 1
environmental authority to carry out operations 2
for land on which the mine is located. 3
© State of Queensland 2015
Authorised by the Parliamentary Counsel
Page 28
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