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Queensland
STATE DEVELOPMENT AND
OTHER LEGISLATION
AMENDMENT BILL 2001
Queensland
STATE DEVELOPMENT AND OTHER
LEGISLATION AMENDMENT BILL 2001
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
PART 2--AMENDMENT OF CENTRAL QUEENSLAND COAL
ASSOCIATES AGREEMENT ACT 1968
3 Act amended in pt 2 and sch 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
4 Replacement of s 4 (Variation of agreement) . . . . . . . . . . . . . . . . . . . . . . . . 7
4 Variation of agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
PART 3--AMENDMENT OF ELECTRICITY ACT 1994
5 Act amended in pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
6 Insertion of new ch 5, pt 2, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Division 3--Limitation on restrictions and rationing
129A Limitation for Stanwell Magnesium Plant. . . . . . . . . . . . . . . . . . . . . 8
129B Expiry of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
PART 4--AMENDMENT OF ENVIRONMENTAL PROTECTION
ACT 1994
7 Act amended in pt 4 and sch 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
8 Amendment of s 37 (When EIS process applies) . . . . . . . . . . . . . . . . . . . . . 9
9 Amendment of s 60 (When process is completed) . . . . . . . . . . . . . . . . . . . . 9
10 Amendment of s 162 (Assessment level decision) . . . . . . . . . . . . . . . . . . . . 9
11 Amendment of s 164 (Decision about EIS requirement) . . . . . . . . . . . . . . . 10
12 Amendment of s 165 (Ministerial decision about assessment level) . . . . . . 10
13 Amendment of s 203 (EMOS--content requirements). . . . . . . . . . . . . . . . . 10
14 Amendment of s 205 (EMOS assessment report may be prepared) . . . . . . . 11
2
State Development and Other Legislation Amendment
Bill 2001
15 Amendment of s 206 (Requirements for EMOS assessment report) . . . . . . 11
16 Amendment of s 209 (Conditions--standard applications) . . . . . . . . . . . . . 11
17 Amendment of s 210 (Conditions--non-standard applications). . . . . . . . . . 12
18 Amendment of s 216 (Right to make objection) . . . . . . . . . . . . . . . . . . . . . . 12
19 Amendment of s 222 (Nature of objections decision). . . . . . . . . . . . . . . . . . 13
20 Replacement of s 224 (Advice from MRA Minister about objections
decision) ............................................... 13
224 Advice from MRA and State Development Ministers about
objections decision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
21 Amendment of s 225 (EPA Minister's decision on application) . . . . . . . . . . 14
22 Amendment of s 305 (Conditions that may be made). . . . . . . . . . . . . . . . . . 14
23 Insertion of new s 306A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
306A Paramountcy of native title issues decision conditions . . . . . . . . . . . 14
24 Amendment of sch 3 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
PART 5--AMENDMENT OF INTEGRATED PLANNING ACT 1997
25 Act amended in pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
26 Amendment of s 2.6.8 (Minister may proceed straight to designation in
certain circumstances) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
27 Amendment of s 6.1.44 (Conditions may be changed or cancelled by
assessment manager or concurrence agency in certain circumstances) . . . . 16
PART 6--AMENDMENT OF MINERAL RESOURCES ACT 1989
28 Act amended in pt 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
29 Amendment of s 276 (Conditions of mining lease) . . . . . . . . . . . . . . . . . . . 17
PART 7--AMENDMENT OF STATE DEVELOPMENT AND
PUBLIC WORKS ORGANISATION ACT 1971
30 Act amended in pt 7 and sch 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
31 Amendment of s 5 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
32 Amendment of s 29 (Definitions for pt 4) . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
33 Amendment of s 29B (Declaration of significant project) . . . . . . . . . . . . . . 19
34 Replacement of s 29H (Preparation of EIS) . . . . . . . . . . . . . . . . . . . . . . . . . 19
29H Preparation of EIS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
35 Amendment of s 29I (Public notification of EIS) . . . . . . . . . . . . . . . . . . . . . 20
36 Amendment of s 29K (Coordinator-General evaluates EIS,
submissions, other material and prepares report) . . . . . . . . . . . . . . . . . . . . . 20
3
State Development and Other Legislation Amendment
Bill 2001
37 Insertion of new pt 4, div 4, sdiv 1, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
38 Amendment of s 29L (Application of div 4) . . . . . . . . . . . . . . . . . . . . . . . . . 21
39 Amendment of s 29M (Applications for material change of use or
requiring impact assessment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
40 Amendment of s 29O (Application of Coordinator-General's report to
IDAS) ................................................. 21
41 Insertion of new ss 29PA, 29PB and new pt 4, div 4, sdiv 2 . . . . . . . . . . . . . 22
29PA Concurrence agencies for conditions of development approvals. . . . 22
29PB Changing or cancelling a condition of a development approval . . . . 23
Subdivision 2--Community infrastructure
29Q Application of Coordinator-General's report to designation . . . . . . . 23
42 Replacement of pt 4, div 5 (Relationship with Mineral Resources
Act 1989) ............................................. 23
Division 5--Relationship with Mineral Resources Act
29R Application of div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
29S Application of Coordinator-General's report to proposed
mining lease ...................................... 24
29T Coordinator-General's conditions override other conditions. . . . . . . 24
29U Paramountcy of native title issues decision conditions . . . . . . . . . . . 24
Division 5A--Relationship with Environmental Protection Act, ch 5
29V Application of div 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
29W Application of Coordinator-General's report to environmental
authority (mining lease) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
43 Amendment of s 29W (Application of div 6) . . . . . . . . . . . . . . . . . . . . . . . . 25
44 Amendment of s 29Y (Application of Coordinator-General's report to
other approval process) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
45 Amendment of s 29ZA (Coordinator-General's report must be taken
into consideration). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
46 Amendment of s 68 (Delegation of authority of Coordinator-General) . . . . 26
47 Insertion of new s 77B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
77B Project board is a statutory body . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
48 Amendment of s 78 (Power of Coordinator-General to take land) . . . . . . . . 27
49 Amendment of s 84 (Power of Coordinator-General to negotiate
transfer of works undertaken by the Coordinator-General). . . . . . . . . . . . . . 27
50 Replacement of ss 95-101A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
4
State Development and Other Legislation Amendment
Bill 2001
95 The Coordinator-General is a statutory body. . . . . . . . . . . . . . . . . . . 27
51 Replacement of s 119 (Publication of orders in council) . . . . . . . . . . . . . . . 27
119 Publication of document or information by Coordinator-General. . . 27
52 Amendment of s 121 (Regulations). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
53 Insertion of new s 122A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
122A Numbering and renumbering of Act . . . . . . . . . . . . . . . . . . . . . . . . . 29
54 Amendment of s 123 (Studies being prepared are taken to be EISs for
this part) ................................................. 29
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 30
AMENDMENT
CENTRAL QUEENSLAND COAL ASSOCIATES AGREEMENT
ACT 1968 .............................................. 30
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 41
MINOR AMENDMENTS
ENVIRONMENTAL PROTECTION ACT 1994 . . . . . . . . . . . . . . . . . . . . . 41
STATE DEVELOPMENT AND PUBLIC WORKS ORGANISATION
ACT 1971 ............................................... 44
2001
A BILL
FOR
An Act to amend the State Development and Public Works Organisation
Act 1971, and for other purposes
s1 6 s2
State Development and Other Legislation Amendment
Bill 2001
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
1 Short title
Clause 3
This Act may be cited as the State Development and Other Legislation 4
Amendment Act 2001. 5
2 Commencement
Clause 6
(1) The following sections are taken to have commenced on 16 June 7
1999-- 8
(a) sections 30 and 40; 9
(b) section 41, to the extent it inserts sections 29PA and 29PB. 1
10
(2) The remaining provisions commence on a day to be fixed by 11
proclamation. 12
(3) The Acts Interpretation Act 1954, section 15DA(1) and (2),2 apply to 13
the remaining provisions as if the reference in the section 15DA(2) to 14
`1 year' were a reference to `2 years'. 15
(4) The Acts Interpretation Act 1954, sections 15DA(3) and (4) do not 16
apply to the remaining provisions. 17
1 Sections 29PA (Concurrence agencies for conditions of development approvals) and
29PB (Changing or cancelling a condition of a development approval)
2 Acts Interpretation Act 1954, section 15DA (Automatic commencement of
postponed law)
s3 7 s5
State Development and Other Legislation Amendment
Bill 2001
PART 2--AMENDMENT OF CENTRAL QUEENSLAND 1
COAL ASSOCIATES AGREEMENT ACT 1968 2
3 Act amended in pt 2 and sch 1
Clause 3
(1) This part amends the Central Queensland Coal Associates 4
Agreement Act 1968. 5
(2) Schedule 1 also includes amendments of the Central Queensland 6
Coal Associates Agreement Act 1968. 7
4 Replacement of s 4 (Variation of agreement)
Clause 8
Section 4-- 9
omit, insert-- 10
`4 Variation of agreement 11
`(1) The agreement, as varied by the 1984 agreement, may be further 12
varied by a further agreement corresponding to the proposed further 13
agreement set out in schedule 2. 14
`(2) The Premier must notify the date of the making of the further 15
agreement by gazette notice. 16
`(3) On the making of the further agreement the provisions of the further 17
agreement have the force of law as if they were enacted. 18
`(4) In this section-- 19
"1984 agreement" means the agreement made under the authority of the 20
Central Queensland Coal Associates Agreement and Queensland 21
Coal Trust Act 1984.'. 22
PART 3--AMENDMENT OF ELECTRICITY ACT 1994 23
5 Act amended in pt 3
Clause 24
This part amends the Electricity Act 1994. 25
s6 8 s7
State Development and Other Legislation Amendment
Bill 2001
6 Insertion of new ch 5, pt 2, div 3
Clause 1
Chapter 5, part 2-- 2
insert-- 3
`Division 3--Limitation on restrictions and rationing 4
`129A Limitation for Stanwell Magnesium Plant 5
`(1) This section applies if, apart from this section, an electricity 6
restriction regulation or emergency rationing order applies to the supply of 7
electricity to, or the use of electricity at, the Stanwell Magnesium Plant. 8
`(2) The regulation or rationing order applies only to the supply of 9
electricity to, or the use of electricity at, the plant that is more than the 10
demand prescribed under a regulation. 11
`(3) The prescribed demand-- 12
(a) must be at least 50 MW; but 13
(b) must not be more than 100 MW. 14
`(4) Subsection (2) applies despite any other provision of this part. 15
`(5) In this section-- 16
"Stanwell Magnesium Plant" means the magnesium production plant that 17
Australian Magnesium Operations Pty Ltd (ABN 38 058 918 175) has 18
built, or proposes to build, adjacent to the electricity generating 19
facility at Stanwell called the `Stanwell Power Station. 20
`129B Expiry of div 3 21
`This division expires on 31 December 2033.'. 22
PART 4--AMENDMENT OF ENVIRONMENTAL 23
PROTECTION ACT 1994 24
7 Act amended in pt 4 and sch 2
Clause 25
(1) This part amends the Environmental Protection Act 1994. 26
s8 9 s 10
State Development and Other Legislation Amendment
Bill 2001
(2) Schedule 2 also includes amendments of the Environmental 1
Protection Act 1994. 2
8 Amendment of s 37 (When EIS process applies)
Clause 3
Section 37(1), after `project', first mention-- 4
insert-- 5
`, other than a significant project,'. 6
9 Amendment of s 60 (When process is completed)
Clause 7
(1) Section 60-- 8
insert-- 9
`(1A) The process is taken to have been completed for a significant 10
project if the Coordinator-General's report for the project has been given to 11
the project's proponent.'. 12
(2) Section 60(2), words before paragraph (a)-- 13
omit, insert-- 14
`(2) The process is taken to have been completed for another project 15
if--'. 16
(3) Section 60(2)(a), after `, however called,'-- 17
insert-- 18
`for the project'. 19
10 Amendment of s 162 (Assessment level decision)
Clause 20
Section 162(3)(a) and (b)-- 21
omit, insert-- 22
`(a) it is for a mining project and the authority decides any proposed 23
mining activity that forms part of the project is not a standard 24
mining activity; or 25
(b) it is for an environmental authority (mining lease) and a relevant 26
mining lease is, or is included in, a significant project.'. 27
s 11 10 s 13
State Development and Other Legislation Amendment
Bill 2001
11 Amendment of s 164 (Decision about EIS requirement)
Clause 1
Section 164-- 2
insert-- 3
`(1A) However, an EIS must not be required under subsection (1) for the 4
application if-- 5
(a) it is for an environmental authority (mining lease); and 6
(b) a relevant mining lease is, or is included in, a significant 7
project.3'. 8
12 Amendment of s 165 (Ministerial decision about assessment level)
Clause 9
Section 165(1)-- 10
omit, insert-- 11
`(1) This section does not apply for an application if-- 12
(a) it is for an environmental authority (mining lease); and 13
(b) a relevant mining lease is, or is included in, a significant project. 14
`(1A) If the application is not an application mentioned in 15
subsection (1), this section applies despite any decision by the 16
administering authority under this division, other than under 17
section 162(3)(b).'. 18
13 Amendment of s 203 (EMOS--content requirements)
Clause 19
Section 203(1)-- 20
insert-- 21
`(ca) if a relevant mining lease is, or is included in, a significant 22
project--state whether an EIS under the State Development Act, 23
part 4, has been prepared for the project; and'. 24
3 For EISs for significant projects, see the State Development Act, section 29D
(Application of divs 3-6) and part 4, division 3 (EIS process).
s 14 11 s 16
State Development and Other Legislation Amendment
Bill 2001
14 Amendment of s 205 (EMOS assessment report may be prepared)
Clause 1
Section 205, before subsection (1)-- 2
insert-- 3
`(1A) This section does not apply for the application if-- 4
(a) a relevant mining lease is, or is included in, a significant project; 5
and 6
(b) an EMOS is included in the EIS for the project prepared under 7
the State Development Act, part 4; and 8
(c) the Coordinator-General's report for the project states the EMOS 9
complies, or substantially complies, with the content 10
requirements under section 203.'. 11
15 Amendment of s 206 (Requirements for EMOS assessment
Clause 12
report) 13
Section 206(b)-- 14
insert-- 15
`(iia)if a relevant mining lease is, or is included in, a significant 16
project-- 17
(A) the EIS prepared under the State Development Act, 18
part 4, for the project; and 19
(B) the Coordinator-General's report for the project; and'. 20
16 Amendment of s 209 (Conditions--standard applications)
Clause 21
(1) Section 209(2)(a) and (b)-- 22
omit, insert-- 23
`(a) either-- 24
(i) include the relevant standard environmental conditions; or 25
(ii) identify the conditions by reference to their gazettal or to a 26
code of environmental compliance in which they are 27
contained; and 28
(b) if a relevant mining lease is, or is included in, a significant 29
project--include any conditions for the draft stated in the 30
s 17 12 s 18
State Development and Other Legislation Amendment
Bill 2001
Coordinator-General's report for the project 1
("Coordinator-General's conditions").'. 2
(2) Section 209(6)-- 3
insert-- 4
`(c) the condition is not inconsistent with a Coordinator-General's 5
condition.'. 6
17 Amendment of s 210 (Conditions--non-standard applications)
Clause 7
Section 210-- 8
insert-- 9
`(2A) However, if a relevant mining lease is, or is included in, a 10
significant project-- 11
(a) the administering authority must include in the draft any 12
conditions for the draft stated in the Coordinator-General's report 13
for the project ("Coordinator-General's conditions"); and 14
(b) any other condition included in the draft must not be inconsistent 15
with a Coordinator-General's condition.'. 16
18 Amendment of s 216 (Right to make objection)
Clause 17
(1) Section 216-- 18
insert-- 19
`(2A) Also, a Coordinator-General's condition included in the draft 20
under section 209 or 210 can not be objected to by anyone.4'. 21
(2) Section 216-- 22
insert-- 23
`(4) To remove any doubt, it is declared that the reference to the 24
application in subsection (1) does not include a reference to any other 25
application document.'. 26
4 Section 209(2)(b) (Conditions--standard applications) or 210
(Conditions--non-standard applications)
s 19 13 s 20
State Development and Other Legislation Amendment
Bill 2001
19 Amendment of s 222 (Nature of objections decision)
Clause 1
Section 222-- 2
insert-- 3
`(1A) However, if a relevant mining lease is, or is included in, a 4
significant project and, under section 209 or 210,5 Coordinator-General's 5
conditions were included in the draft, any stated conditions under 6
subsection (1)(b)-- 7
(a) must include the Coordinator-General's conditions; and 8
(b) must not be inconsistent with a Coordinator-General's 9
condition.'. 10
20 Replacement of s 224 (Advice from MRA Minister about
Clause 11
objections decision) 12
Section 224-- 13
omit, insert-- 14
`224 Advice from MRA and State Development Ministers about 15
objections decision 16
`(1) After the objections decision for the application has been made, the 17
EPA Minister must seek advice about the decision from-- 18
(a) the MRA Minister; and 19
(b) if a relevant mining lease is, or is included in, a significant 20
project--the Minister for the time being administering the State 21
Development Act (the "State Development Minister"). 22
`(2) The advice may be sought at the time and in the way the EPA 23
Minister considers appropriate. 24
`(3) The MRA Minister or State Development Minister may give the 25
advice sought only within the later of the following periods to end-- 26
(a) 10 business days after the EPA Minister seeks the advice; 27
(b) if the MRA Minister and the EPA Minister have, within the 28
10 business days, agreed to a longer period--the longer period. 29
5 Section 209(2)(b) (Conditions--standard applications) or 210
(Conditions--non-standard applications)
s 21 14 s 23
State Development and Other Legislation Amendment
Bill 2001
`(4) In giving the advice sought, the MRA Minister or State 1
Development Minister may seek advice from any entity. 2
`(5) A contravention of this section does not invalidate a decision under 3
section 225 or an environmental authority granted under section 226 to 4
which the decision relates.'. 5
21 Amendment of s 225 (EPA Minister's decision on application)
Clause 6
Section 225(3)(b)-- 7
omit, insert-- 8
`(b) any Coordinator-General's conditions included in the draft 9
environmental authority under section 209 or 210.6'. 10
22 Amendment of s 305 (Conditions that may be made)
Clause 11
Section 305(1)(f)-- 12
omit, insert-- 13
`(f) stating, under the State Development Act, section 29W, 7
14
conditions for a draft environmental authority for an 15
environmental authority (mining lease).'. 16
23 Insertion of new s 306A
Clause 17
Chapter 5, part 13, division 3, after section 306-- 18
insert-- 19
`306A Paramountcy of native title issues decision conditions 20
`(1) Subsection (2) applies if there is any inconsistency between-- 21
(a) a native title issues condition; and 22
6 Section 209 (Conditions--standard applications) or 210 (Conditions--non-standard
applications)
7 The State Development Act, section 29W (Application of Coordinator-General's
report to environmental authority (mining lease))
s 24 15 s 24
State Development and Other Legislation Amendment
Bill 2001
(b) a condition of an environmental authority (mining activities) or a 1
draft environmental authority for an environmental authority 2
(mining activities). 3
`(2) The native title issues condition prevails to the extent of the 4
inconsistency. 5
`(3) In this section-- 6
"native title issues condition" means a condition imposed or made under, 7
or as part of, the native title issues decision under the Mineral 8
Resources Act.'. 9
24 Amendment of sch 3 (Dictionary)
Clause 10
(1) Schedule 3-- 11
insert-- 12
` "Coordinator-General's report", for a significant project, means the 13
Coordinator-General's report under the State Development Act, 14
section 29K,8 evaluating the EIS for the project. 15
"significant project" means a project declared under the State 16
Development Act, section 29B, to be a significant project.'. 17
(2) Schedule 3, definition "development condition"-- 18
omit, insert-- 19
` "development condition"-- 20
1. "Development condition", of a development approval, means a 21
condition of the approval imposed by, or imposed because of a 22
requirement of, the administering authority as assessment 23
manager or concurrence agency for the application for the 24
approval. 25
2. The term includes a reference to a condition referred to in the 26
State Development and Public Works Organisation Act 1971, 27
section 29O(5).'. 28
8 The State Development Act, section 29K (Coordinator-General evaluates EIS,
submissions, other material and prepares report)
s 25 16 s 27
State Development and Other Legislation Amendment
Bill 2001
PART 5--AMENDMENT OF INTEGRATED PLANNING 1
ACT 1997 2
25 Act amended in pt 5
Clause 3
This part amends the Integrated Planning Act 1997. 4
26 Amendment of s 2.6.8 (Minister may proceed straight to
Clause 5
designation in certain circumstances) 6
(1) Section 2.6.8(a), before subparagraph (i)-- 7
insert-- 8
`(ia) the Coordinator-General has, under the State Development 9
and Public Works Organisation Act 1971, section 29A,9 10
carried out a coordination in relation to the community 11
infrastructure; or'. 12
(2) Section 2.6.8(a)(ia) to (iii)-- 13
renumber as section 2.6.8(a)(i) to (iv). 14
27 Amendment of s 6.1.44 (Conditions may be changed or cancelled
Clause 15
by assessment manager or concurrence agency in certain 16
circumstances) 17
(1) Section 6.1.44(2)-- 18
insert-- 19
`(c) if paragraph (a) or (b) does not apply--the entity that has 20
jurisdiction for the condition.'. 21
9 State Development and Public Works Organisation Act 1971, section 29A
(Supervision of environment)
s 28 17 s 31
State Development and Other Legislation Amendment
Bill 2001
PART 6--AMENDMENT OF MINERAL RESOURCES 1
ACT 1989 2
28 Act amended in pt 6
Clause 3
This part amends the Mineral Resources Act 1989. 4
29 Amendment of s 276 (Conditions of mining lease)
Clause 5
Section 276(6)-- 6
omit. 7
PART 7--AMENDMENT OF STATE DEVELOPMENT 8
AND PUBLIC WORKS ORGANISATION ACT 1971 9
30 Act amended in pt 7 and sch 2
Clause 10
(1) This part amends the State Development and Public Works 11
Organisation Act 1971. 12
(2) Schedule 2 also includes amendments of the State Development and 13
Public Works Organisation Act 1971. 14
31 Amendment of s 5 (Definitions)
Clause 15
(1) Section 5, `In this Act--'-- 16
omit, insert-- 17
`The dictionary in the schedule defines particular words used in this 18
Act.'. 19
(2) Section 5, definition "local body"-- 20
omit. 21
(3) Section 5-- 22
insert-- 23
` "approval", for part 4, see section 29. 24
s 32 18 s 32
State Development and Other Legislation Amendment
Bill 2001
"assessment manager", for part 4, see section 29. 1
"concurrence agency", for part 4, see section 29. 2
"Coordinator-General's report", for part 4, see section 29. 3
"development approval", for part 4, see section 29. 4
"EIS", for part 4, see section 29. 5
"environmental authority (mining lease)", for part 4, see section 29. 6
"Environmental Protection Act", for part 4, see section 29. 7
"EPA Minister", for part 4, see section 29. 8
"IDAS", for part 4, see section 29. 9
"Integrated Planning Act" means the Integrated Planning Act 1997. 10
"local body" means-- 11
(a) a government owned corporation; or 12
(b) a statutory body as defined under the Statutory Bodies Financial 13
Arrangements Act 1982; or 14
(c) another body established under an Act. 15
"Mineral Resources Act", for part 4, see section 29. 16
"MRA Minister", for part 4, see section 29. 17
"properly made submission", for part 4, see section 29. 18
"proponent", for part 4, see section 29. 19
"significant project", for part 4, see section 29. 20
"submission period", for part 4, see section 29.'. 21
(4) Section 5, definitions, as amended-- 22
relocate to the schedule as inserted by this Act. 23
32 Amendment of s 29 (Definitions for pt 4)
Clause 24
Section 29-- 25
insert-- 26
` "approval" includes authority, lease, licence, permit or other approval. 27
s 33 19 s 34
State Development and Other Legislation Amendment
Bill 2001
"concurrence agency" means a concurrence agency under the Integrated 1
Planning Act 1997. 2
"Coordinator-General's report", for an EIS, means the report the 3
Coordinator-General must prepare under section 29K(3). 4
"environmental authority (mining lease)" means an environmental 5
authority (mining lease) under the Environmental Protection Act. 6
"Environmental Protection Act" means the Environmental Protection Act 7
1994. 8
"EPA Minister" means the Minister for the time being administering the 9
Environmental Protection Act. 10
"Mineral Resources Act" means the Mineral Resources Act 1989. 11
"MRA Minister" means the Minister for the time being administering the 12
Mineral Resources Act.'. 13
33 Amendment of s 29B (Declaration of significant project)
Clause 14
Section 29B(4)-- 15
omit, insert-- 16
`(4) If the project involves a proposed environmental authority (mining 17
lease), the Coordinator-General must give a copy of the gazette notice to 18
the EPA and MRA Ministers.'. 19
34 Replacement of s 29H (Preparation of EIS)
Clause 20
Section 29H-- 21
omit, insert-- 22
`29H Preparation of EIS 23
`(1) The EIS prepared by the proponent-- 24
(a) must, for the whole project, address the terms of reference to the 25
satisfaction of the Coordinator-General; or 26
(b) may, for a particular stage of the project, address the terms of 27
reference to the satisfaction of the Coordinator-General. 28
s 35 20 s 37
State Development and Other Legislation Amendment
Bill 2001
`(2) If the proponent prepares an EIS under subsection (1)(b), the 1
proponent may prepare a further EIS under this division for another or all 2
remaining stages of the project. 3
`(3) A further EIS prepared under subsection (2) must be given to the 4
Coordinator-General by the day stated in the Coordinator-General's report 5
for giving the Coordinator-General the further EIS.'. 6
35 Amendment of s 29I (Public notification of EIS)
Clause 7
Section 29I(1), `prepared the EIS'-- 8
omit, insert-- 9
`prepared an EIS'. 10
36 Amendment of s 29K (Coordinator-General evaluates EIS,
Clause 11
submissions, other material and prepares report) 12
Section 29K(4)-- 13
omit, insert-- 14
`(4) In evaluating the EIS, the Coordinator-General may-- 15
(a) evaluate the environmental effects of the project and any other 16
related matters; and 17
(b) state conditions under section 29O, 29S or 29W; and 18
(c) make recommendations under section 29Q or 29Y. 19
`(5) After completing the report, the Coordinator-General must-- 20
(a) give a copy of it to the proponent; and 21
(b) publicly notify the report.'. 22
37 Insertion of new pt 4, div 4, sdiv 1, hdg
Clause 23
Part 4, division 4-- 24
insert-- 25
`Subdivision 1--Development approvals'. 26
s 38 21 s 40
State Development and Other Legislation Amendment
Bill 2001
38 Amendment of s 29L (Application of div 4)
Clause 1
(1) Section 29L, heading, `div 4'-- 2
omit, insert-- 3
`sdiv 1'. 4
(2) Section 29L, `division'-- 5
omit, insert-- 6
`subdivision'. 7
39 Amendment of s 29M (Applications for material change of use or
Clause 8
requiring impact assessment) 9
Section 29M(1)(d)-- 10
omit, insert-- 11
`(d) despite paragraph (b), until the development approval applied for 12
has effect-- 13
(i) the Coordinator-General's report is taken to be a 14
concurrence agency's response for the application under 15
IDAS; and 16
(ii) the Coordinator-General may exercise any power of the 17
entity that, other than for paragraph (b), would have been 18
the concurrence agency for the application.'. 19
40 Amendment of s 29O (Application of Coordinator-General's
Clause 20
report to IDAS) 21
(1) Section 29O(1)(a) and (b), `any development approval'-- 22
omit, insert-- 23
`the development approval'. 24
(2) Section 29O(1)(c), `any approval'-- 25
omit, insert-- 26
`the approval'. 27
(3) Section 29O(2)(b), `a development approval'-- 28
omit, insert-- 29
s 41 22 s 41
State Development and Other Legislation Amendment
Bill 2001
`the development approval'. 1
(4) Section 29O-- 2
insert-- 3
`(2A) To remove any doubt, it is declared that subsection (1)(a) does not 4
limit the assessment manager's power under the Integrated Planning Act 5
to-- 6
(a) assess the development application; and 7
(b) impose conditions not inconsistent with conditions that must be 8
attached under subsection (1)(a).'. 9
(5) Section 29O-- 10
insert-- 11
`(5) If the Coordinator-General's report provides for a condition that 12
must be attached to any development approval-- 13
(a) the report may state the entity that is to have jurisdiction for the 14
condition after the development approval has taken effect under 15
the Integrated Planning Act, section 3.5.19; and 16
(b) the condition is taken to be a concurrence agency condition under 17
the Integrated Planning Act.'. 18
41 Insertion of new ss 29PA, 29PB and new pt 4, div 4, sdiv 2
Clause 19
In part 4, division 4, after section 29P-- 20
insert-- 21
`29PA Concurrence agencies for conditions of development approvals 22
`(1) Subsection (2) applies if, in the report, the Coordinator-General 23
nominates an entity as a concurrence agency for a development approval, 24
including a condition of the approval, given in relation to the report. 25
`(2) The entity is, from the day the approval takes effect, taken to be a 26
concurrence agency for the development application that resulted in the 27
approval, including the condition of the approval. 28
`(3) This section applies despite section 29M(1)(b). 29
s 42 23 s 42
State Development and Other Legislation Amendment
Bill 2001
`29PB Changing or cancelling a condition of a development approval 1
`(1) Subsection (2) applies if, in the report, the Coordinator-General 2
nominates an entity for a condition the Coordinator-General requires to be 3
imposed on or attached to any development approval given in relation to 4
the report. 5
`(2) For the Integrated Planning Act 1997, section 3.5.33, the entity is, in 6
addition to the assessment manager who gives the approval, the entity for 7
the condition. 8
`Subdivision 2--Community infrastructure 9
`29Q Application of Coordinator-General's report to designation 10
`(1) This section applies if the project involves land for which a 11
designation as community infrastructure under the Integrated Planning Act, 12
section 2.6.8 may be made. 13
`(2) The Coordinator-General's report may recommend requirements for 14
inclusion in the designation under the Integrated Planning Act, 15
section 2.6.4(a).10 16
`(3) In making the designation, the designator may have regard to the 17
recommendation.'. 18
42 Replacement of pt 4, div 5 (Relationship with Mineral Resources
Clause 19
Act 1989) 20
Part 4, division 5-- 21
omit, insert-- 22
`Division 5--Relationship with Mineral Resources Act 23
`29R Application of div 5 24
`This division applies if the project involves a proposed mining lease 25
under the Mineral Resources Act. 26
10 The Integrated Planning Act, sections 2.6.4 (What designations may include) and
2.6.8 (Minister may proceed straight to designation in certain circumstances)
s 42 24 s 42
State Development and Other Legislation Amendment
Bill 2001
`29S Application of Coordinator-General's report to proposed 1
mining lease 2
`(1) The Coordinator-General's report may state conditions 3
("Coordinator-General's conditions") for the proposed mining lease. 4
`(2) If Coordinator-General's conditions are included in the report-- 5
(a) the report must state reasons for their inclusion; and 6
(b) the Coordinator-General must give the MRA Minister a copy of 7
the report; and 8
(c) the conditions of the proposed mining lease are, subject to 9
section 29U, taken to include the Coordinator-General's 10
conditions. 11
`29T Coordinator-General's conditions override other conditions 12
`(1) This section applies if-- 13
(a) the proposed mining lease is granted; and 14
(b) the conditions of the mining lease include a 15
Coordinator-General's condition; and 16
(c) there is any inconsistency between the Coordinator-General's 17
condition and another condition of the mining lease. 18
`(2) Subject to section 29U, the Coordinator-General's condition prevails 19
to the extent of the inconsistency. 20
`(3) In this section-- 21
"Coordinator-General's condition" means-- 22
(a) a Coordinator-General's condition that, under section 29S, is 23
taken to have been included in the proposed mining lease; or 24
(b) a condition that is substantially the same as a condition 25
mentioned in paragraph (a). 26
`29U Paramountcy of native title issues decision conditions 27
`(1) If there is any inconsistency between a Coordinator-General's 28
condition under section 29S or 29T and a native title issues condition, the 29
native title issues condition prevails to the extent of the inconsistency. 30
s 43 25 s 43
State Development and Other Legislation Amendment
Bill 2001
`(2) In this section-- 1
"native title issues condition" means a condition imposed or made under, 2
or as part of, the native title issues decision under the Mineral 3
Resources Act. 4
`Division 5A--Relationship with Environmental Protection Act, ch 5 5
`29V Application of div 5A 6
`This division applies if the project involves a proposed environmental 7
authority (mining lease). 8
`29W Application of Coordinator-General's report to environmental 9
authority (mining lease) 10
`(1) The Coordinator-General's report may state conditions for any draft 11
environmental authority under the Environmental Protection Act for the 12
proposed environmental authority (mining lease). 13
`(2) If conditions under subsection (1) are included in the report-- 14
(a) the report must state reasons for their inclusion; and 15
(b) the Coordinator-General must give the EPA Minister a copy of 16
the report.'. 17
43 Amendment of s 29W (Application of div 6)
Clause 18
(1) Section 29W, `Mineral Resources Act 1989'-- 19
omit, insert-- 20
`Environmental Protection Act, chapter 5,11'. 21
(2) Section 29W-- 22
renumber as section 29WA. 23
11 The Environmental Protection Act, chapter 5 (Environmental authorities for mining
activities)
s 44 26 s 47
State Development and Other Legislation Amendment
Bill 2001
44 Amendment of s 29Y (Application of Coordinator-General's
Clause 1
report to other approval process) 2
Section 29Y(1)-- 3
omit, insert-- 4
`(1) The Coordinator-General's report may recommend to the person 5
who may give an approval required for the project that-- 6
(a) the approval be refused; or 7
(b) stated conditions be imposed on the approval.'. 8
45 Amendment of s 29ZA (Coordinator-General's report must be
Clause 9
taken into consideration) 10
Section 29ZA, from `required'-- 11
omit, insert-- 12
`who may give an approval required for the project.'. 13
46 Amendment of s 68 (Delegation of authority of Coordinator-
Clause 14
General) 15
(1) Section 68(2)(b), after `local body'-- 16
insert-- 17
`or the chief executive of a department'. 18
(2) Section 68(3), after `local body'-- 19
insert-- 20
`or chief executive'. 21
47 Insertion of new s 77B
Clause 22
In part 6, division 4, after section 77A-- 23
insert-- 24
`77B Project board is a statutory body 25
`(1) A project board is a statutory body for the Statutory Bodies 26
Financial Arrangements Act 1982. 27
s 48 27 s 51
State Development and Other Legislation Amendment
Bill 2001
`(2) The Statutory Bodies Financial Arrangements Act 1982, part 2B sets 1
out the way in which a project board's powers under this Act are affected 2
by the Statutory Bodies Financial Arrangements Act 1982.'. 3
48 Amendment of s 78 (Power of Coordinator-General to take land)
Clause 4
Section 78(1), `an estate in fee simple in'-- 5
omit. 6
49 Amendment of s 84 (Power of Coordinator-General to negotiate
Clause 7
transfer of works undertaken by the Coordinator-General) 8
Section 84(1)-- 9
insert-- 10
`(c) with any entity established under an Act;'. 11
50 Replacement of ss 95-101A
Clause 12
Sections 95 to 101A-- 13
omit, insert-- 14
`95 The Coordinator-General is a statutory body 15
`(1) The Coordinator-General is a statutory body for the Statutory 16
Bodies Financial Arrangements Act 1982. 17
`(2) The Statutory Bodies Financial Arrangements Act 1982, part 2B sets 18
out the way in which the Coordinator-General's powers under this Act are 19
affected by the Statutory Bodies Financial Arrangements Act 1982.'. 20
51 Replacement of s 119 (Publication of orders in council)
Clause 21
Section 119-- 22
omit, insert-- 23
`119 Publication of document or information by Coordinator-General 24
`(1) This section applies if a provision of this Act requires the 25
Coordinator-General to publicly notify a document or information. 26
s 52 28 s 53
State Development and Other Legislation Amendment
Bill 2001
`(2) The notification must be made by placing a link to a record or 1
register of the document or information on-- 2
(a) the department's web site on the internet; or 3
(b) another web site the Coordinator-General considers appropriate. 4
`(3) However, the document or information may also be publicly notified 5
in any other way decided by the Coordinator-General.'. 6
52 Amendment of s 121 (Regulations)
Clause 7
(1) Section 121(1)(e), after `or under this Act,'-- 8
insert-- 9
`authorised works or'. 10
(2) Section 121(1)(f), after `use by the public of'-- 11
insert-- 12
`authorised works or of'. 13
(3) Section 121(1)(i), `$50'-- 14
omit, insert-- 15
`20 penalty units'. 16
(4) Section 121(1)-- 17
insert-- 18
`(fa) requirements for environmental impact statements, reports, 19
studies or the process under part 4, division 3, to allow-- 20
(i) the process to be accredited under the Environment 21
Protection and Biodiversity Conservation Act 1999 (Cwlth); 22
or 23
(ii) the making of a bilateral agreement under that Act to which 24
the State is proposed as a party; or 25
(iii) the State to meet its obligations under a bilateral agreement 26
under that Act to which the State is a party;'. 27
53 Insertion of new s 122A
Clause 28
Part 8, after section 122-- 29
s 54 29 s 54
State Development and Other Legislation Amendment
Bill 2001
insert-- 1
`122A Numbering and renumbering of Act 2
`In the next reprint of this Act, the provisions of this Act must be 3
numbered and renumbered as permitted by the Reprints Act 1992, 4
section 43.'. 5
54 Amendment of s 123 (Studies being prepared are taken to be EISs
Clause 6
for this part) 7
Section 123(1)(a)(ii)-- 8
omit, insert-- 9
`(ii) mining; or 10
(iii) land that the Minister proposes to designate under the 11
Integrated Planning Act 1997, section 2.6.8, as community 12
infrastructure; and'. 13
30
State Development and Other Legislation Amendment
Bill 2001
SCHEDULE 1 1
AMENDMENT 2
section 3(2) 3
CENTRAL QUEENSLAND COAL ASSOCIATES 4
AGREEMENT ACT 1968 5
1 After the schedule-- 6
insert-- 7
`SCHEDULE 2 8
`AGREEMENT 9
AN AGREEMENT made the day of 2001. 10
BETWEEN the Honourable PETER BEATTIE in his capacity as the 11
Premier of Queensland, for an on behalf of the Government in the State of 12
Queensland of the one part 13
AND BHP COAL PTY LTD ACN 010 595 721 (formerly BHP Australia 14
Coal Pty Ltd) (formerly Utah Development Company), a company duly 15
incorporated according to land and having its registered office at Level 13, 16
Riverside Centre, 123 Eagle Street, Brisbane, Queensland ("BHPC") 17
MITSUBISHI DEVELOPMENT PTY LTD ACN 009 779 873, a 18
company duly incorporated according to law and having its registered 19
office at Level 32, AMP Place, 10 Eagle Street, Brisbane, Queensland 20
("Mitsubishi") 21
UMAL CONSOLIDATED PTY LTD ARBN 000 767 386, (formerly 22
Utah Mining Australia Limited), a company duly incorporated according to 23
law and having its registered office at Level 13, Riverside Centre, 24
123 Eagle Street, Brisbane, Queensland ("UCL") 25
BHP QUEENSLAND COAL LIMITED ARBN 010 506 073, a company 26
duly incorporated according to law and having its registered office at 27
31
State Development and Other Legislation Amendment
Bill 2001
SCHEDULE 1 (continued)
Level 13, Riverside Centre, 123 Eagle Street, Brisbane, Queensland 1
("BHPQ"); and 2
QCT INVESTMENT PTY LTD ACN 010 487 831, a company duly 3
incorporated according to law and having its registered office at Level 13, 4
Riverside Centre, 123 Eagle Street, Brisbane, Queensland ("QCT 5
Investment"); and 6
QCT MINING PTY LTD ACN 010 487 840, a company duly 7
incorporated according to law and having its registered office at Level 13, 8
Riverside Centre, 123 Eagle Street, Brisbane, Queensland ("QCT 9
Mining") 10
QCT MANAGEMENT LIMITED ACN 010 472 036, a company duly 11
incorporated according to law and having its registered office at Level 13, 12
Riverside Centre, 123 Eagle Street, Brisbane, Queensland ("QCT 13
Management") of the other part. 14
(hereinafter with their and each of their successors and permitted assigns 15
referred to as "the Companies"). 16
WHEREAS:- 17
A. Utah Development Company and Mitsubishi on the 28th day of 18
January, 1969 entered into an agreement with the State of Queensland 19
relating to the development of certain coal deposits in Queensland 20
(which agreement as amended by further agreements made between 21
the Honourable Johannes Bjelke-Petersen in his capacity as the 22
Premier of Queensland, for and on behalf of the State of Queensland 23
of the one part and Utah Development Company and Mitsubishi of the 24
other part and dated 18th June, 1970, 11th June, 1971, 23rd October, 25
1973 and 27th May, 1976 and by further agreement made between the 26
Honourable Johannes Bjelke-Petersen in his capacity as the Premier 27
of Queensland, for and on behalf of the State of Queensland of the one 28
part and Utah Development Company, Mitsubishi, Australian Mutual 29
Provident Society ("AMP") and UCL (then known as Utah Mining 30
Australia Limited) of the other part dated 1st February, 1977 and by 31
further agreement made between the Honourable Johannes 32
Bjelke-Petersen in his capacity as the Premier of Queensland, for and 33
on behalf of the State of Queensland of the one part and Utah 34
Development Company, Mitsubishi, AMP and UCL of the other part 35
32
State Development and Other Legislation Amendment
Bill 2001
SCHEDULE 1 (continued)
dated 16th February, 1984 and by further agreement made between 1
the Honourable Johannes Bjelke-Petersen in his capacity as the 2
Premier of Queensland, for and on behalf of the State of Queensland 3
of the one part and Utah Development Company, Mitsubishi, AMP, 4
UCL, Pancontinental Mining Limited ("Pancontinental"), Bell Coal 5
Pty Ltd ("Bell"), General Electric Minerals, Inc., UB Minerals, Inc. 6
("UB Minerals"), Bowen Basin Minerals, Inc., QCT Investment and 7
QCT Mining of the other part dated 2nd April, 1984 and by further 8
agreement made between the Honourable Johannes Bjelke-Petersen in 9
his capacity as the Premier of Queensland, for and on behalf of the 10
State of Queensland of the one part and BHPC (then known as Utah 11
Development Company Limited), Mitsubishi, AMP, UCL, 12
Pancontinental, Bell, BHPQ (then known as Utah Queensland Coal 13
Limited ("UQCL")), UB Minerals, Bowen Basin Minerals Pty Ltd 14
("Bowen Basin Minerals"), QCT Investment and QCT Mining of the 15
other part dated 25th March, 1986 and 4th September, 1986 and by 16
further agreement made between Theo Russell Cooper in his capacity 17
as the Premier of Queensland, for and on behalf of the Government of 18
the State of Queensland of the first part and BHPC (then known as 19
BHP-Utah Coal Limited), Mitsubishi, AMP, UCL, Pancontinental, 20
BHPQ (then known as Utah Queensland Coal Limited), Bowen Basin 21
Minerals, QCT Investment and QCT Mining of the second part and 22
Bell and UB Minerals of the third part dated 29th September, 1989, 23
and by a further agreement made between Wayne Keith Goss in his 24
capacity as the Premier of Queensland, for and on behalf of the State 25
of Queensland of the one part and BHPC (then known as BHP 26
Australia Coal Limited), Mitsubishi, AMP, UCL, BHPQ (then known 27
as Utah Queensland Coal Limited), Bowen Basin Minerals, QCT 28
Investment, QCT Mining, Pancontinental and Pancontinental Coal Pty 29
Ltd of the other part dated 30th November, 1992 and by a further 30
agreement made between Wayne Keith Goss in his capacity as the 31
Premier of Queensland, for and on behalf of the State of Queensland 32
of one part and BHPC (then known as BHP Australia Coal Pty Ltd), 33
Mitsubishi, AMP, UCL, BHPQ, Bowen Basin Minerals, QCT 34
Investment, QCT Mining and Pancontinental Coal Pty Ltd of the other 35
part dated 16th May, 1995 and by further agreement made between 36
Robert Borbidge in his capacity as Premier of Queensland, for and on 37
behalf of the State of Queensland of the first part and BHPC (then 38
known as BHP Australia Coal Pty Ltd), Mitsubishi, AMP, UCL, 39
33
State Development and Other Legislation Amendment
Bill 2001
SCHEDULE 1 (continued)
BHPQ, QCT Resources Limited, QCT Investment, QCT Mining of 1
the second part and Pancontinental Coal Pty Ltd and Bowen Basin 2
Minerals of the third part dated 30th August, 1996 and by further 3
agreement made between Robert Borbidge in his capacity as the 4
Premier of Queensland, for and on behalf of the State of Queensland 5
of the one part and BHPC, Mitsubishi, AMP, UCL, BHPQ, QCT 6
Investment, QCT Mining and QCT Resources Limited of the other 7
part dated 22nd May, 1997 and by further agreement made between 8
Robert Borbidge in his capacity as the Premier of Queensland, for and 9
on behalf of the State of Queensland of the one part and BHPC, 10
Mitsubishi, AMP, UCL, BHPQ, QCT Investment, QCT Mining and 11
QCT Resources Limited on the other part dated 5th March, 1998 and 12
by further agreement made between Robert Borbidge in his capacity 13
as the Premier of Queensland, for and on behalf of the State of 14
Queensland of the one part and BHPC, Mitsubishi, AMP, UCL, 15
BHPQ, QCT Investment, QCT Mining, QCT Resources Limited and 16
QCT Management on the other part dated 30th April, 1998) is referred 17
to as "the Agreement"; 18
B. The Agreement was authorised by the Central Queensland Coal 19
Associates Agreement Act 1968 (the "Principal Act"). 20
C. By way of universal succession Utah Development Company merged 21
into BHPC, a company incorporated in the State of Louisiana, United 22
States of America and then known as Utah Development Company 23
Limited with the consequence that BHPC as the successor of Utah 24
Development Company has all the assets and liabilities of Utah 25
Development Company including its benefits and obligations under 26
the Agreement, and pursuant to the Louisiana Business Corporation 27
Law and the Companies (Queensland) Code (as it then was), BHPC 28
(then known as Utah Development Company Limited) transferred its 29
place of incorporation to the State of Queensland. 30
D. Bell and UB Minerals transferred their entire interests in the benefits 31
and obligations under the Agreement to various of the Companies and 32
AMP and Bowen Basin Minerals in 1989. 33
E. By way of universal succession General Electric Minerals, Inc. 34
merged into BHPQ (then known as Utah Queensland Coal Limited), a 35
34
State Development and Other Legislation Amendment
Bill 2001
SCHEDULE 1 (continued)
company incorporated in the State of Nevada, United States of 1
America with the consequence that BHPQ as the successor of General 2
Electric Minerals, Inc. has all the assets and liabilities of General 3
Electric Minerals, Inc. including its benefits and obligations under the 4
Agreement. 5
F. By way of universal succession, Bowen Basin Minerals, Inc. merged 6
into Bowen Basin Minerals, a company incorporated in the State of 7
Queensland, Australia with the consequence that Bowen Basin 8
Minerals as the successor of Bowen Basin Minerals, Inc. had all the 9
assets and liabilities of Bowen Basin Minerals, Inc. including its 10
benefits and obligations under the Agreement. Bowen Basin Minerals 11
and Pancontinental Coal Pty Ltd transferred their entire interests in 12
the benefits and obligations under the Agreement to various of the 13
Companies in 1996. 14
G. AMP transferred its entire interest in the benefits and obligations 15
under the Agreement to various of the Companies in 1998. 16
H. The interests held by the Companies in the operations carried on 17
pursuant to the Agreement are as follows: 18
BHPC 42.85%
Mitsubishi 15.53%
UCL 0.75%
BHPQ 8.5%
QCT Investment 12.00%
QCT Mining 15.78%
QCT Management 4.59%
I. BHPC wishes to transfer a 2.10% interest in the benefits and 19
obligations made under the Agreement (including a 2.10% interest in 20
its rights to or as the holder of any lease, licence, easement, grant or 21
other title granted to it pursuant thereto) to QCT Management. 22
35
State Development and Other Legislation Amendment
Bill 2001
SCHEDULE 1 (continued)
J. As a consequence of the transfer referred to in Recital I the 1
Companies will hold all of the interests in the operations carried on 2
pursuant to the Agreement as follows: 3
BHPC 40.75%
Mitsubishi 15.53%
UCL 0.75%
BHPQ 8.5%
QCT Investment 12.00%
QCT Mining 15.78%
QCT Management 6.69%
K. Section 4(1) of the Principal Act, provides, inter alia, that the 4
Agreement may be varied pursuant to agreement between the parties 5
under the authority of any Act. 6
L. The making of this Agreement is authorised by the Parliament of the 7
State of Queensland expressed in the Act entitled the "State 8
Development and Other Legislation Amendment Act 2001". 9
M. In consideration of the foregoing recitals the parties hereto desire to 10
vary the Agreement in the manner hereinafter set forth. 11
NOW IT IS HEREBY AGREED as follows:- 12
1 The Agreement shall be and is hereby varied by deleting Clauses 11 13
and 12 of Part IX and substituting the following in lieu thereof:- 14
"11. Nothing in this Agreement contained or implied shall constitute a 15
partnership between the State and the Companies or any of them or 16
between the Companies. Any right or liability of the Companies under 17
this Agreement or any lease or licence granted pursuant to the 18
provisions of this Agreement is several and proportional to their 19
respective interests being 40.75% as to BHP Coal Pty Ltd, 15.53% as 20
to Mitsubishi Development Pty Ltd, 0.75% as to Umal Consolidated 21
Pty Ltd, 8.50% as to BHP Queensland Coal Limited, 12.00% as to 22
QCT Investment Pty Ltd, 15.78% as to QCT Mining Pty Ltd and 23
6.69% as to QCT Management Limited. 24
36
State Development and Other Legislation Amendment
Bill 2001
SCHEDULE 1 (continued)
12. The State shall grant any lease or licence pursuant to the 1
provisions of this Agreement to the Companies as tenants in common 2
in the proportions specified by the Companies in the application for 3
any such lease or licence. Provided that if any such lease or licence is 4
granted without any application therefor or if any such application 5
does not specify the proportions then the grant shall be made to the 6
Companies in the proportions of 40.75% as to BHP Coal Pty Ltd, 7
15.53% as to Mitsubishi Development Pty Ltd, 0.75% as to Umal 8
Consolidated Pty Ltd, 8.50% as to BHP Queensland Coal Limited, 9
12.00% as to QCT Investment Pty Ltd, 15.78% as to QCT Mining Pty 10
Ltd and 6.69% as to QCT Management Limited." 11
2 These presents are supplemental to the Agreement and subject only to 12
such modifications as may be necessary to make the Agreement 13
consistent with these presents the Agreement shall remain in full force 14
and effect and shall be read and construed and be enforceable as if the 15
terms of these presents were inserted in the Agreement by way of 16
addition thereto. 17
3 Upon the making of this agreement the provisions thereof shall have 18
the force of law. 19
4 (1) This agreement may be executed in two or more counterparts, one 20
by the Premier of Queensland, and one or more than one by each of 21
the Companies, together with such copies of the counterparts as the 22
parties may require. It shall become binding upon all parties hereto 23
and shall take immediate effect when, the Premier of Queensland is 24
notified in the manner provided in paragraph (2) of this Clause that 25
another counterpart or counterparts thereof has or have been 26
exchanged by the Companies, notwithstanding that no exchange of 27
counterparts has then occurred. 28
(2) Notification pursuant to paragraph (1) hereof shall be made by 29
letter or by facsimile from BHPC addressed to: 30
The Honourable the Premier of Queensland, 31
Premier's Department 32
Executive Building 33
100 George Street 34
37
State Development and Other Legislation Amendment
Bill 2001
SCHEDULE 1 (continued)
Brisbane, Queensland 4000 1
2
Facsimile No. (07) 3221 1496 3
4
and shall be effective, where given by letter, on delivery to the 5
aforesaid address, or where given by facsimile, upon the date 6
indicated on the facsimile transmission report. 7
(3) Without prejudice to the full operation of the foregoing, the parties 8
agree that, as soon as practicable after this agreement becomes 9
binding and takes effect, they will arrange for each of the counterparts 10
together with such copies of the counterparts as the parties may 11
require to be executed by all parties hereto. 12
5 Each of the Attorneys executing this agreement hereby respectively 13
acknowledges that he or she has at the time of executing this 14
agreement no notice of the revocation of the power of attorney under 15
the authority of which he or she executes this agreement. 16
IN WITNESS WHEREOF the parties hereto have executed this 17
agreement the day and year first hereinbefore written. 18
SIGNED by PETER BEATTIE, )
PREMIER OF THE STATE OF )
QUEENSLAND, FOR THE STATE )
in the presence of: )
)
............................................................ ) ..................................................
Signature of witness
............................................................
Name of witness (block letters)
SIGNED by )
)
a duly constituted Attorney of BHP
)
COAL PTY LTD in the presence of:
)
38
State Development and Other Legislation Amendment
Bill 2001
SCHEDULE 1 (continued)
)
............................................................ ) ..................................................
Signature of witness
............................................................
Name of witness (block letters)
SIGNED by )
)
a duly constituted Attorney of
)
MITSUBISHI DEVELOPMENT
)
PTY LTD in the presence of:
)
)
............................................................ ) ..................................................
Signature of witness
............................................................
Name of witness (block letters)
SIGNED by )
)
a duly constituted Attorney of UMAL
)
CONSOLIDATED PTY LTD in the
)
presence of:
)
)
............................................................ ) ..................................................
Signature of witness
............................................................
Name of witness (block letters)
39
State Development and Other Legislation Amendment
Bill 2001
SCHEDULE 1 (continued)
SIGNED by )
)
a duly constituted Attorney of BHP
)
QUEENSLAND COAL LIMITED
)
in the presence of:
)
)
............................................................ ) ..................................................
Signature of witness
............................................................
Name of witness (block letters)
SIGNED by )
)
a duly constituted Attorney of QCT
)
INVESTMENT PTY LTD in the
)
presence of:
)
)
............................................................ ) ..................................................
Signature of witness
............................................................
Name of witness (block letters)
SIGNED by )
)
a duly constituted Attorney of QCT
)
MINING PTY LTD
)
in the presence of: )
)
............................................................ ) ..................................................
Signature of witness
40
State Development and Other Legislation Amendment
Bill 2001
SCHEDULE 1 (continued)
............................................................
Name of witness (block letters)
SIGNED by )
)
a duly constituted Attorney of QCT
)
MANAGEMENT LIMITED in the
)
presence of:
)
)
............................................................ ) ..................................................
Signature of witness
............................................................
Name of witness (block letters)
41
State Development and Other Legislation Amendment
Bill 2001
SCHEDULE 2 1
MINOR AMENDMENTS 2
sections 7 and 29 3
ENVIRONMENTAL PROTECTION ACT 1994 4
1 Section 67(1)(a), `of this part'-- 5
omit, insert-- 6
`under the EIS process'. 7
2 Section 67(1)(b), `under this part'-- 8
omit. 9
3 Section 67(2)(a), `process under this part' 10
omit, insert-- 11
`EIS process'. 12
4 Section 69(1), `process under part 1'-- 13
omit, insert-- 14
`EIS process'. 15
5 Section 70(2)(b), `process under part 1 of this chapter'-- 16
omit, insert-- 17
`EIS process'. 18
42
State Development and Other Legislation Amendment
Bill 2001
SCHEDULE 2 (continued)
6 Section 70(2)(c), `part 1'-- 1
omit, insert-- 2
`the EIS process'. 3
7 Section 103(3), `licence holder'-- 4
omit, insert-- 5
`approval holder'. 6
8 Section 108, `activity', first mention-- 7
omit, insert-- 8
`environmentally relevant activity to which the licence relates'. 9
9 Section 108(b)(ii), `licensed activity'-- 10
omit, insert-- 11
`activity'. 12
10 Section 111, `activity', first mention-- 13
omit, insert-- 14
`environmentally relevant activity to which the licence relates'. 15
11 Section 111(d)(ii), `licensed activity'-- 16
omit, insert-- 17
`activity'. 18
12 Section 150(g), `or include'-- 19
omit, insert-- 20
`or is included in'. 21
43
State Development and Other Legislation Amendment
Bill 2001
SCHEDULE 2 (continued)
13 Section 163(2), `standard authority'-- 1
omit, insert-- 2
`standard environmental authority (mining activities)'. 3
14 Section 163(3), `non-standard authority'-- 4
omit, insert-- 5
`non-standard environmental authority (mining activities)'. 6
15 Section 203(2)(c), after `strategies', second mention-- 7
insert-- 8
`for the following'. 9
16 Section 217(1)(c), `name of and an address for'-- 10
omit, insert-- 11
`name and address of'. 12
17 Section 520(1)(b)(ii), `environmental authority'-- 13
omit, insert-- 14
`authority'. 15
18 Schedule 1, heading, `sections 519 and 522'-- 16
omit, insert-- 17
`sections 519(1), 522 and 523'. 18
19 Schedule 3, definition "approved", `chapter 7, part 4 or 4A'-- 19
omit, insert-- 20
`chapter 4'. 21
44
State Development and Other Legislation Amendment
Bill 2001
SCHEDULE 2 (continued)
20 Schedule 3, definition "owner", `Commonwealth Native Title 1
Act'-- 2
omit, insert-- 3
`Native Title Act 1993 (Cwlth)'. 4
21 Schedule 3, definition "refusal period", paragraphs (a) and (b), 5
`for'-- 6
omit. 7
22 Schedule 3, definition "replacement environmental authority", 8
`same or replaces'-- 9
omit, insert-- 10
`same as, or replaces,'. 11
STATE DEVELOPMENT AND PUBLIC WORKS 12
ORGANISATION ACT 1971 13
1 Section 4-- 14
omit. 15
2 Section 10(1), after `his or her office'-- 16
insert-- 17
`in the following circumstances'. 18
3 Sections 13(1) and 15(2), `order in council'-- 19
omit, insert-- 20
`regulation'. 21
45
State Development and Other Legislation Amendment
Bill 2001
SCHEDULE 2 (continued)
4 Sections 16(2)(a) and (b), 28(g)(i) and (ii), 45(1)(a), 51(1)(a) and 1
(b), 54(1)(a), 68(2)(a), 77(4)(a) and (b), 87(2)(a) and (b), 90(4)(b)(i) 2
and (ii), 91(1)(a), 105(1)(a) and 109(1)(a) and (b), `;'-- 3
omit, insert-- 4
`; and'. 5
5 Section 17, from `, by order' to `Minister,'-- 6
omit. 7
6 Section 24(2), `make an order in council'-- 8
omit, insert-- 9
`publish a notice in the gazette'. 10
7 Section 24(2A), `order in council in the gazette'-- 11
omit, insert-- 12
`notice'. 13
8 Section 25(2), from `by the Governor'-- 14
omit, insert-- 15
`under a regulation.'. 16
9 Sections 29, 29M, 29N, 29W, 55C(2) and 123(4)(a), `Integrated 17
Planning Act 1997'-- 18
omit, insert-- 19
`Integrated Planning Act'. 20
10 Part 4, division 4, heading, `1997'-- 21
omit. 22
46
State Development and Other Legislation Amendment
Bill 2001
SCHEDULE 2 (continued)
11 Section 29O(2A) to (5)-- 1
renumber as section 29O(3) to (6). 2
12 Section 32(2), from `The' to `council,'-- 3
omit, insert-- 4
`A regulation may'. 5
13 Section 32(2), `or may refuse to so declare'-- 6
omit. 7
14 Section 32(3), from `The' to `whereupon'-- 8
omit, insert-- 9
`If the declaration is revoked,'. 10
15 Section 36(1), `in consultation with the appropriate officers of 11
Treasury'-- 12
omit. 13
16 Section 46(1), `order in council'-- 14
omit, insert-- 15
`gazette notice'. 16
17 Section 48(1), from `The' to `Minister,'-- 17
omit, insert-- 18
`A regulation may'. 19
47
State Development and Other Legislation Amendment
Bill 2001
SCHEDULE 2 (continued)
18 Sections 48(1)(a) and (2)(a), 53(1)(a), 59(a), 87(1), 88(a), 89(1)(a) 1
and (c), 90(3)(a), 106(1)(a), 108(a) and 112(2)(b), `;'-- 2
omit, insert-- 3
`; or'. 4
19 Section 48(1)(b), from `any order'-- 5
omit, insert-- 6
`the declaration.'. 7
20 Section 48(2)(a), from `any order' to `revoked'-- 8
omit, insert-- 9
`the declaration is revoked,'. 10
21 Section 57(1)-- 11
omit, insert-- 12
`(1) A regulation may direct the local body or local bodies concerned to 13
undertake the works recommended.'. 14
22 Section 57(2), from `, the Governor' to `subsequent order'-- 15
omit, insert-- 16
`, the regulation may'. 17
23 Section 57(2)(a), `directed by the Governor in Council'-- 18
omit, insert-- 19
`stated in the regulation'. 20
48
State Development and Other Legislation Amendment
Bill 2001
SCHEDULE 2 (continued)
24 Section 57(2)(b), `local body specified by the Governor in 1
Council'-- 2
omit, insert-- 3
`stated local body'. 4
25 Section 57(2)(b), from `such shares'-- 5
omit, insert-- 6
`the shares stated in the regulation.'. 7
26 Sections 58, 59(a), 60 and 61(1), `an order'-- 8
omit, insert-- 9
`a regulation'. 10
27 Section 59, heading, `Orders'-- 11
omit, insert-- 12
`Direction'. 13
28 Section 59, `to whom is directed an order'-- 14
omit, insert-- 15
`mentioned in a regulation'. 16
29 Sections 59, 59(b) and 60, `the order'-- 17
omit, insert-- 18
`the regulation'. 19
49
State Development and Other Legislation Amendment
Bill 2001
SCHEDULE 2 (continued)
30 Section 61(3), `the Governor in Council may, by order in 1
council,'-- 2
omit, insert-- 3
`a regulation may'. 4
31 Section 62, `this Act'-- 5
omit, insert-- 6
`the Statutory Bodies Financial Arrangements Act 1982'. 7
32 Sections 62 and 63(1), `an order in council'-- 8
omit, insert-- 9
`a regulation'. 10
33 Section 66, from `the Governor in Council,' to `council,'-- 11
omit, insert-- 12
`a regulation may'. 13
34 Section 67(2), `Land Act 1962 be deemed to be public'-- 14
omit, insert-- 15
`Land Act 1994 be taken to be community'. 16
35 Section 72, after `as a member'-- 17
insert-- 18
`in the following circumstances'. 19
36 Section 72(1)(g)-- 20
omit. 21
50
State Development and Other Legislation Amendment
Bill 2001
SCHEDULE 2 (continued)
37 Section 77(1), `order in council'-- 1
omit, insert-- 2
`regulation'. 3
38 Section 77(3), `order in council.'-- 4
omit, insert-- 5
`the regulation.'. 6
39 Section 77(4), from `An' to `board--'-- 7
omit, insert-- 8
`The regulation--'. 9
40 Section 77(4)(a)-- 10
omit. 11
41 Section 77(4)(c), `thereby or by another order in council'-- 12
omit, insert-- 13
`by the regulation'. 14
42 Section 77(4)(b) and (c)-- 15
renumber as section 77(4)(a) and (b). 16
43 Section 77(5), from `An' to `shall'-- 17
omit, insert-- 18
`The regulation must'. 19
51
State Development and Other Legislation Amendment
Bill 2001
SCHEDULE 2 (continued)
44 Section 77(5)(a)-- 1
omit. 2
45 Section 77(5)(b) and (d), `order in council'-- 3
omit, insert-- 4
`regulation'. 5
46 Section 77(5)(b) to (d)-- 6
renumber as section 77(5)(a) to (c). 7
47 Section 78(1)(d), `schedule 2'-- 8
omit, insert-- 9
`the schedule'. 10
48 Section 78(5), definition "infrastructure facility", paragraph (g), 11
after `a'-- 12
insert-- 13
`dam,' 14
49 Section 79(2), from `The' to `Minister,'-- 15
omit, insert-- 16
`A regulation may'. 17
50 Section 81, `Land Act 1962, in the name of Her Majesty,'-- 18
omit, insert-- 19
`Land Act 1994'. 20
52
State Development and Other Legislation Amendment
Bill 2001
SCHEDULE 2 (continued)
51 Section 82, `order in council'-- 1
omit, insert-- 2
`gazette notice'. 3
52 Section 84(2), `an order in council'-- 4
omit, insert-- 5
`regulation'. 6
53 Sections 84(5), 105(1A), `Land Act 1962'-- 7
omit, insert-- 8
`Land Act 1994'. 9
54 Section 85-- 10
omit. 11
55 Sections 86(2) and 91(1), from `The' to `council,'-- 12
omit, insert-- 13
`A regulation may'. 14
56 Section 86(2), `the order in council'-- 15
omit, insert-- 16
`the regulation'. 17
57 Section 91(1), from `may,' to `council--'-- 18
omit, insert-- 19
`may--'. 20
53
State Development and Other Legislation Amendment
Bill 2001
SCHEDULE 2 (continued)
58 Section 91(1)(a) and (b) and (1A), `order in council'-- 1
omit, insert-- 2
`regulation'. 3
59 Section 91(1B),`Governor in Council'-- 4
omit, insert-- 5
`regulation'. 6
60 Section 92(1), from `the Governor' to `require'-- 7
omit, insert-- 8
`a regulation may direct'. 9
61 Section 92(1), `the order'-- 10
omit, insert-- 11
`the regulation'. 12
62 Section 92(2), `Governor in Council may'-- 13
omit, insert-- 14
`regulation may'. 15
63 Section 92(2), from `in such' to `just'-- 16
omit. 17
64 Section 92(3)(b)-- 18
omit, insert-- 19
`(b) under the Statutory Bodies Financial Arrangements Act 1982, 20
sections 24 to 28, as if a reference in the sections to-- 21
54
State Development and Other Legislation Amendment
Bill 2001
SCHEDULE 2 (continued)
(i) the recovery amounts were a reference to moneys to be paid 1
and unpaid under this section; and 2
(ii) a statutory body were a reference to a local body.'. 3
65 Section 105(1), from `made the Governor' to `council close'-- 4
omit, insert-- 5
`made, a regulation may close'. 6
66 Section 105(1), `in the Governor in Council's opinion'-- 7
omit. 8
67 Section 105(1)(b), `Governor in Council in the order in council'-- 9
omit, insert-- 10
`regulation'. 11
68 Section 105(1)(b), `Governor in Council directs'-- 12
omit, insert-- 13
`regulation directs'. 14
69 Section 105(1A), `an order in council'-- 15
omit, insert-- 16
`a regulation'. 17
70 Section 105(2), after `may'-- 18
insert-- 19
`do 1 or more of the following'. 20
55
State Development and Other Legislation Amendment
Bill 2001
SCHEDULE 2 (continued)
71 Section 116-- 1
omit. 2
72 Section 121, heading-- 3
omit, insert-- 4
`121 Regulation-making power'. 5
73 Section 121(1), after `respect to'-- 6
insert-- 7
`the following'. 8
74 Section 121(1)(fa) to (k)-- 9
renumber as section 121(1)(g) to (l). 10
75 Schedule-- 11
omit, insert-- 12
`SCHEDULE 13
14
`DICTIONARY 15
section 5'. 16
© State of Queensland 2001
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