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NATURAL RESOURCES AND OTHER LEGISLATION AMENDMENT BILL (NO. 2) 2010

          Queensland



Natural Resources and Other
Legislation Amendment
Bill (No. 2) 2010

 


 

 

Queensland Natural Resources and Other Legislation Amendment Bill (No. 2) 2010 Contents Page Part 1 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Part 2 Amendment of Alcan Queensland Pty. Limited Agreement Act 1965 3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 4 Amendment of s 2 (Execution of agreement authorised) . . . . . . . 8 5 Amendment of s 4 (Variation of agreement). . . . . . . . . . . . . . . . . 9 6 Insertion of new s 4C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 4C Authorisation of variation by further agreement . . . . . 9 7 Amendment of the schedule (The Agreement) . . . . . . . . . . . . . . 9 8 Insertion of new schs 2 and 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Schedule 2 Proposed further agreement Schedule 3 Proposed further agreement Part 3 Amendment of Commonwealth Aluminium Corporation Pty. Limited Agreement Act 1957 9 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 10 Amendment of s 2 (Execution of agreement authorised) . . . . . . . 15 11 Amendment of s 4 (Variation of agreement). . . . . . . . . . . . . . . . . 15 12 Insertion of new s 4C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 4C Authorisation of variation by further agreement . . . . . 16 13 Amendment of schedule. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 14 Insertion of new schs 2 and 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Schedule 2 Proposed further agreement Schedule 3 Proposed further agreement

 


 

Natural Resources and Other Legislation Amendment Bill (No. 2) 2010 Contents Part 4 Amendment of Environmental Protection Act 1994 15 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 16 Insertion of new s 312W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 312W Statutory conditions of environmental authority (chapter 5A activities). . . . . . . . . . . . . . . . . . . . . . . . . 23 17 Amendment of s 320 (Duty to notify environmental harm) . . . . . . 24 18 Insertion of new s 320A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 320A Duty to notify of negative impact on, or interconnection with, aquifers . . . . . . . . . . . . . . . . . . . 25 19 Amendment of s 616D (Changing conditions of transitional authority (SAA)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 20 Amendment of s 616H (Requirement to apply for new authority or amend etc. transitional authority (SAA)) . . . . . . . . . . . . . . . . . 26 21 Amendment of s 616M (End of transitional authority (SAA)) . . . . 27 22 Amendment of s 616N (Application of sdiv 5) . . . . . . . . . . . . . . . 27 23 Amendment of s 616R (Application of sdiv 6) . . . . . . . . . . . . . . . 27 Part 5 Amendment of Geothermal Energy Act 2010 24 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 25 Amendment of s 464 (Insertion of new pt 19, div 13, sdiv 2) . . . . 28 26 Amendment of s 465 (Insertion of new sch 1) . . . . . . . . . . . . . . . 29 Part 6 Amendment of Holidays Act 1983 27 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 28 Amendment of s 4 (Special holidays) . . . . . . . . . . . . . . . . . . . . . . 30 Part 7 Amendment of Mineral Resources Act 1989 29 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 30 Insertion of new s 140A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 140A Obligation to consult with particular owners and occupiers ............................ 31 31 Insertion of new s 193A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 193A Obligation to consult with particular owners and occupiers ............................. 32 32 Replacement of s 397 (Liability of owner restricted) . . . . . . . . . . 32 397 Limitation of owner's or occupier's tortious liability for authorised activities . . . . . . . . . . . . . . . . . . . . . . . . . . 32 397A Duty to avoid interference in carrying out authorised activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 397B Obstruction of mining tenement holder . . . . . . . . . . . 33 Page 2

 


 

Natural Resources and Other Legislation Amendment Bill (No. 2) 2010 Contents Part 8 Amendment of Nature Conservation Act 1992 33 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 34 Amendment of s 89 (Restriction on taking etc. particular protected plants). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Part 9 Amendment of Petroleum Act 1923 35 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 36 Amendment of s 76G (Power to require information or reports about authorised activities to be kept or given) . . . . . . . . . . . . . . 37 37 Insertion of new ss 76GA and 76GB . . . . . . . . . . . . . . . . . . . . . . 38 76GA Giving copy of required notice by publication . . . . . . . 38 76GB Copy of particular notices for chief executive (environment) ........................... 39 Part 10 Amendment of Petroleum and Gas (Production and Safety) Act 2004 38 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 39 Amendment of s 553 (Power to require information or reports about authorised activities to be kept or given) . . . . . . . . . . . . . . 40 40 Insertion of new ss 553A and 553B . . . . . . . . . . . . . . . . . . . . . . . 40 553A Giving copy of required notice by publication . . . . . . . 40 553B Copy of particular notices for chief executive (environment) ............................ 41 Part 11 Amendment of South Bank Corporation Act 1989 41 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 42 Amendment of sch 15 (Commercial precinct) . . . . . . . . . . . . . . . 42 Part 12 Amendment of Vegetation Management Act 1999 43 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 44 Amendment of s 11 (Minister must make regional vegetation management codes). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 45 Amendment of s 20AH (Deciding to show particular areas as remnant vegetation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 46 Amendment of s 20CA (Process before making PMAV) . . . . . . . 45 47 Insertion of new pt 2, div 5B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Division 5B Area management plans Subdivision 1 Preliminary 20I Definitions for div 5B. . . . . . . . . . . . . . . . . . . . . . . . . . 46 20J What is an area management plan . . . . . . . . . . . . . . 47 20K What is an existing planning document . . . . . . . . . . . 47 20L What is restricted (fodder harvesting) land. . . . . . . . . 48 Page 3

 


 

Natural Resources and Other Legislation Amendment Bill (No. 2) 2010 Contents Subdivision 2 Approval of plans and accreditation of planning documents 20M Application for approval of draft plan or accreditation of planning document . . . . . . . . . . . . . . . . . . . . . . . . . 48 20N Further information or documents for application. . . . 49 20O Deciding applications . . . . . . . . . . . . . . . . . . . . . . . . . 49 20P Criteria for approving draft plan or accrediting planning document . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 20Q Mandatory condition on approval of draft plan or accreditation of planning document . . . . . . . . . . . . . . 51 20R Imposing additional condition on approval of draft plan ................................. 52 20S Other requirements for approving draft plan. . . . . . . . 52 20T Other requirements for accrediting existing planning document . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 20U Refusing to approve draft plan or accredit planning document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 Subdivision 3 Keeping plans 20V Register of area management plans . . . . . . . . . . . . . 54 Subdivision 4 Notifying clearing under plans 20W Requirement to give clearing notification . . . . . . . . . . 55 20X Offence to clear vegetation under plan without clearing notification. . . . . . . . . . . . . . . . . . . . . . . . . . . 56 20Y Register of area management clearing notifications . 56 Subdivision 5 Duration of plans 20Z When area management plan ends . . . . . . . . . . . . . . 57 Subdivision 6 Amending plans 20ZA Definition for sdiv 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 20ZB Amendment by chief executive. . . . . . . . . . . . . . . . . . 57 20ZC Amendment application for particular plans . . . . . . . . 59 48 Amendment of s 30 (Power to enter places) . . . . . . . . . . . . . . . . 60 49 Amendment of s 63A (Review decision). . . . . . . . . . . . . . . . . . . . 61 50 Amendment of s 63B (Who may apply for external review) . . . . . 61 51 Amendment of s 70AB (Copies of documents to be available for inspection and purchase) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 52 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 61 Part 13 Amendment of Water Act 2000 53 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 54 Insertion of new ch 8, pt 3C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 Page 4

 


 

Natural Resources and Other Legislation Amendment Bill (No. 2) 2010 Contents Part 3C Authorities under particular special agreement Acts 992G Definitions for pt 3C . . . . . . . . . . . . . . . . . . . . . . . . . . 63 992H Application of pt 3C . . . . . . . . . . . . . . . . . . . . . . . . . . 64 992I Continuation of authority and grant of water licence to replace authority. . . . . . . . . . . . . . . . . . . . . . . . . . . 65 992J Amendment of water licence that replaces authority . 66 55 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 67 Page 5

 


 

 

2010 A Bill for An Act to amend the Alcan Queensland Pty. Limited Agreement Act 1965, the Commonwealth Aluminium Corporation Pty. Limited Agreement Act 1957, the Environmental Protection Act 1994, the Geothermal Energy Act 2010, the Holidays Act 1983, the Mineral Resources Act 1989, the Nature Conservation Act 1992, the Petroleum Act 1923, the Petroleum and Gas (Production and Safety) Act 2004, the South Bank Corporation Act 1989, the Vegetation Management Act 1999 and the Water Act 2000, for particular purposes

 


 

Natural Resources and Other Legislation Amendment Bill (No. 2) 2010 Part 1 Preliminary [s 1] The Parliament of Queensland enacts-- 1 Part 1 Preliminary 2 Clause 1 Short title 3 This Act may be cited as the Natural Resources and Other 4 Legislation Amendment Act (No. 2) 2010. 5 Clause 2 Commencement 6 This Act, other than part 5, commences on a day to be fixed 7 by proclamation. 8 Part 2 Amendment of Alcan 9 Queensland Pty. Limited 10 Agreement Act 1965 11 Clause 3 Act amended 12 This part amends the Alcan Queensland Pty. Limited 13 Agreement Act 1965. 14 Clause 4 Amendment of s 2 (Execution of agreement authorised) 15 Section 2, `the schedule to this Act (the agreement).'-- 16 omit, insert-- 17 `schedule 1 (the agreement). 18 Note-- 19 Since the making of the agreement, Alcan Queensland Pty. Limited has 20 changed its name to Alcan South Pacific Pty Ltd.'. 21 Page 8

 


 

Natural Resources and Other Legislation Amendment Bill (No. 2) 2010 Part 2 Amendment of Alcan Queensland Pty. Limited Agreement Act 1965 [s 5] Clause 5 Amendment of s 4 (Variation of agreement) 1 Section 4(1) to (3)-- 2 omit, insert-- 3 `(1) The agreement may be varied only-- 4 (a) by further agreement between the State and the 5 company; and 6 (b) under the authority of an Act. 7 `(2) A variation of the agreement purported to be made other than 8 under subsection (1) is of no effect. 9 `(3) The Minister must notify the date of the making of each 10 further agreement by gazette notice.'. 11 Clause 6 Insertion of new s 4C 12 Before section 5-- 13 insert-- 14 `4C Authorisation of variation by further agreement 15 `The agreement may be varied by further agreements 16 corresponding to the proposed further agreements set out in 17 schedules 2 and 3.'. 18 Clause 7 Amendment of the schedule (The Agreement) 19 (1) The schedule, heading-- 20 omit, insert-- 21 `Schedule 1 The Agreement 22 section 2'. 23 (2) The schedule, heading, editor's note, `Editor's note'-- 24 omit, insert-- 25 `Note'. 26 Page 9

 


 

Natural Resources and Other Legislation Amendment Bill (No. 2) 2010 Part 2 Amendment of Alcan Queensland Pty. Limited Agreement Act 1965 [s 8] (3) The schedule-- 1 number as schedule 1. 2 Clause 8 Insertion of new schs 2 and 3 3 After schedule 1, as numbered-- 4 insert-- 5 `Schedule 2 Proposed further agreement 6 section 4C 7 THIS AGREEMENT is made this ____ day of __________, 20__ 8 BETWEEN STATE OF QUEENSLAND 9 AND 10 ALCAN SOUTH PACIFIC PTY LTD (FORMERLY ALCAN 11 QUEENSLAND PTY LIMITED), ACN 009 726 078, Level 2, 443 12 Queen Street, Brisbane in the State of Queensland (the Company). 13 BACKGROUND: 14 1. Under section 2 of the Alcan Queensland Pty Limited Agreement 15 Act 1965 (the Act), the State and the Company entered into the 16 agreement set out in Schedule 1 of the Act (the Principal 17 Agreement). 18 2. The Principal Agreement may be varied by agreement between the 19 Minister and the Company if authorised under the Act. 20 3. The State and the Company wish to vary the Principal Agreement. 21 IT IS AGREED THAT-- 22 1. The first paragraph of the Recitals of the Principal Agreement is 23 amended by deleting the words "(hereinafter with its successors 24 and permitted assigns called "the Company"); 25 2. Clause 1 of the Principal Agreement is amended by inserting the 26 following definition - "The Company" means "Alcan South Pacific 27 Page 10

 


 

Natural Resources and Other Legislation Amendment Bill (No. 2) 2010 Part 2 Amendment of Alcan Queensland Pty. Limited Agreement Act 1965 [s 8] Pty Ltd (ACN 009 726 078) (formerly Alcan Queensland Pty 1 Limited) and its successors and assigns". 2 3. Clause 1 of the Principal Agreement is amended by-- 3 (a) replacing the definition of "Comalco" with the following 4 definition - ` "Comalco" means Rio Tinto Aluminium 5 Limited (ACN 009 679 127), RTA Weipa Pty Ltd (ACN 137 6 266 285), and their successors and assigns;' and 7 (b) replacing the definition of "the Minister" with the following 8 definition - ` "the Minister" means the Minister of the State of 9 Queensland responsible for the administration of the Act;'. 10 4. Clause 3 of the Principal Agreement is deleted and replaced with 11 new clause 3, which provides-- 12 `The agreement may be varied only-- 13 (a) by further written agreement between the State and the 14 company; and 15 (b) under the authority of the Act. 16 5. This Agreement comes into effect on and from the date notified by 17 the Minister (being the Minister of the State of Queensland 18 responsible for the administration of the Act) in the Government 19 Gazette or, if no date is specified, on the date of the gazettal. 20 IN WITNESS WHEREOF the Parties hereto have executed these 21 presents on the day and year aforesaid. 22 23 S I G N E D ON BEHALF OF THE STATE OF QUEENSLAND BY THE HONOURABLE _________________________________________, MINISTER FOR _________________________________________ 24 In the presence of 25 26 27 In the presence of 28 Page 11

 


 

Natural Resources and Other Legislation Amendment Bill (No. 2) 2010 Part 2 Amendment of Alcan Queensland Pty. Limited Agreement Act 1965 [s 8] 1 2 Executed in accordance with section 127 3 of the Corporations Act 2001 by Alcan 4 South Pacific Pty Ltd (ACN 009 726 078): 5 6 7 ________________________ ________________________ 8 Director Signature Director/Secretary signature 9 10 ________________________ ________________________ 11 Print Name Print Name 12 `Schedule 3 Proposed further agreement 13 section 4C 14 THIS AGREEMENT is made this ____ day of __________, 20__ 15 BETWEEN STATE OF QUEENSLAND 16 AND 17 ALCAN SOUTH PACIFIC PTY LTD (FORMERLY ALCAN 18 QUEENSLAND PTY. LIMITED), ACN 009 726 078, Level 2, 443 19 Queen Street, Brisbane in the State of Queensland (the Company) 20 BACKGROUND: 21 1. Under section 2 of the Alcan Queensland Pty Limited Agreement 22 Act 1965 (the Act), the State and the Company entered into the 23 agreement set out in Schedule 1 of the Act (the Principal 24 Agreement). 25 Page 12

 


 

Natural Resources and Other Legislation Amendment Bill (No. 2) 2010 Part 2 Amendment of Alcan Queensland Pty. Limited Agreement Act 1965 [s 8] 2. The Principal Agreement may be varied by agreement between the 1 Minister and the Company if authorised under the Act. 2 3. The State and the Company wish to vary the Principal Agreement. 3 IT IS AGREED THAT-- 4 4. The Principal Agreement is amended by the insertion of the 5 following new clause 29A immediately after clause 29 of the 6 Principal Agreement: 7 29A. " 8 (1) Subclause (2) prevails to the extent of any inconsistency with 9 subclauses 28(a) to (e), 28(g) and clause 29 of the Principal 10 Agreement. 11 (2) The Company's right to take or interfere with water, other than 12 artesian water or subartesian water connected to artesian 13 water, in the `Wenlock Basin wild river area' (as defined in the 14 Wenlock Basin Wild River Declaration 2010) is subject to the 15 following specified conditions: 16 (a) the right to take or interfere with water in the Wenlock 17 Basin wild river area is subject to an annual volumetric 18 limit of 90,000 ML (subject to the sum of the annual 19 volumetric limits that may be taken under water licences 20 held by the Company and the holder of mining 21 tenements for a project for which the Commonwealth 22 Aluminium Corporation Pty. Limited Agreement Act 23 1957 was enacted, not exceeding 90,000 ML in total); 24 (b) the location from which the water may be taken or at 25 which the water may be interfered with is from sources 26 within or in the vicinity of the bauxite field referred to in 27 clause 28(a); and 28 (c) the period over which the Company may take or 29 interfere with water continues for the term of this 30 Agreement, including any future extensions of term. 31 (3) To remove any doubt, it is declared that subclauses (1) and (2) 32 do not limit: 33 (a) the rights of the Company under subclauses 28(a) to (e), 34 28(g) and clause 29 of the Principal Agreement to take 35 Page 13

 


 

Natural Resources and Other Legislation Amendment Bill (No. 2) 2010 Part 2 Amendment of Alcan Queensland Pty. Limited Agreement Act 1965 [s 8] or interfere with water outside the Wenlock Basin wild 1 river area; or 2 (b) the Company's right to take or interfere with artesian 3 water or subartesian water connected to artesian water in 4 the Wenlock Basin wild river area. 5 5. This Agreement comes into effect on and from the date notified by 6 the Minister (being the Minister for the State of Queensland 7 responsible for the administration of the Act) in the Government 8 Gazette or, if no date is specified, on the date of the gazettal. 9 IN WITNESS WHEREOF the Parties hereto have executed these 10 presents on the day and year aforesaid. 11 12 S I G N E D ON BEHALF OF THE STATE OF QUEENSLAND BY THE HONOURABLE _________________________________________, MINISTER FOR _________________________________________ 13 In the presence of 14 15 16 Executed in accordance with section 127 17 of the Corporations Act 2001 by Alcan 18 South Pacific Pty Ltd (ACN 009 726 078): 19 20 21 ____________________________ ____________________________ 22 Director Signature Director/Secretary signature 23 ____________________________ ____________________________ 24 Print Name Print Name'. 25 Page 14

 


 

Natural Resources and Other Legislation Amendment Bill (No. 2) 2010 Part 3 Amendment of Commonwealth Aluminium Corporation Pty. Limited Agreement Act 1957 [s 9] Part 3 Amendment of Commonwealth 1 Aluminium Corporation Pty. 2 Limited Agreement Act 1957 3 Clause 9 Act amended 4 This part amends the Commonwealth Aluminium Corporation 5 Pty. Limited Agreement Act 1957. 6 Clause 10 Amendment of s 2 (Execution of agreement authorised) 7 Section 2, `the schedule (the "agreement").'-- 8 omit, insert-- 9 `schedule 1 (the agreement). 10 Note-- 11 Since the making of the agreement, Commonwealth Aluminium 12 Corporation Pty. Limited has changed its name to Rio Tinto Aluminium 13 Limited.'. 14 Clause 11 Amendment of s 4 (Variation of agreement) 15 Section 4(1) to (3)-- 16 omit, insert-- 17 `(1) The agreement may be varied only-- 18 (a) by further agreement between the State and the other 19 parties to the agreement; and 20 (b) under the authority of an Act. 21 `(2) A variation of the agreement purported to be made other than 22 under subsection (1) is of no effect. 23 `(3) The Minister must notify the date of the making of each 24 further agreement by gazette notice.'. 25 Page 15

 


 

Natural Resources and Other Legislation Amendment Bill (No. 2) 2010 Part 3 Amendment of Commonwealth Aluminium Corporation Pty. Limited Agreement Act 1957 [s 12] Clause 12 Insertion of new s 4C 1 Before section 5-- 2 insert-- 3 `4C Authorisation of variation by further agreement 4 `The agreement may be varied by further agreements 5 corresponding to the proposed further agreements set out in 6 schedules 2 and 3.'. 7 Clause 13 Amendment of schedule 8 (1) Schedule, heading-- 9 omit, insert-- 10 `Schedule The agreement 11 section 2 12 Note-- 13 Consistent with the provisions of the Act, this schedule contains only 14 the proposed agreement authorised to be entered into by the Act as 15 originally enacted. It does not purport to be either the agreement 16 actually entered into or that agreement as amended from time to time.'. 17 (2) Schedule-- 18 number as schedule 1. 19 Clause 14 Insertion of new schs 2 and 3 20 After schedule 1, as numbered-- 21 insert-- 22 `Schedule 2 Proposed further agreement 23 section 4C 24 THIS AGREEMENT is made the ____ day of __________, 20__ 25 Page 16

 


 

Natural Resources and Other Legislation Amendment Bill (No. 2) 2010 Part 3 Amendment of Commonwealth Aluminium Corporation Pty. Limited Agreement Act 1957 [s 14] BETWEEN STATE OF QUEENSLAND 1 AND 2 RTA WEIPA PTY LTD, ACN 137 266 285, Level 2, 443 Queen Street, 3 Brisbane in the State of Queensland (RTA Weipa) 4 AND 5 RIO TINTO ALUMINIUM LIMITED (FORMERLY 6 COMMONWEALTH ALUMINIUM CORPORATION PTY 7 LIMITED and COMALCO ALUMINIUM LIMITED), ACN 009 679 8 127, Level 2, 443 Queen Street, Brisbane in the State of Queensland 9 (RTAL) 10 BACKGROUND: 11 1. Under section 2 of the Commonwealth Aluminium Corporation Pty 12 Limited Agreement Act 1957 (the Act), the State and RTAL entered 13 into an agreement on 16 December 1957, which has been amended 14 from time to time (the Principal Agreement). 15 2. Governor in Council approval has been obtained for the assignment 16 of the benefits and obligations of the Principal Agreement from 17 RTAL to RTA Weipa. 18 3. Upon the assignment of the Principal Agreement from RTAL to 19 RTA Weipa, the State, RTAL and RTA Weipa have agreed to vary 20 the Principal Agreement further in accordance with the Act to 21 enable some of the clauses of the Principal Agreement to continue 22 to apply to RTAL as well as to RTA Weipa. 23 IT IS AGREED THAT-- 24 1. Clause 1 of the Principal Agreement is amended to include the 25 following definitions-- 26 (a) ` "RTA Weipa" means RTA Weipa Pty Ltd (ACN 137 266 27 285),`its successors and assigns;' and 28 (b) " "RTAL" means Rio Tinto Aluminium Limited (ACN 009 29 679 127), its successors and assigns;'. 30 2. Clause 1 of the Principal Agreement is amended by replacing the 31 definition of "the Minister" with the following definition--` "the 32 Minister" means the Minister of the State of Queensland 33 responsible for the administration of the Act;'. 34 Page 17

 


 

Natural Resources and Other Legislation Amendment Bill (No. 2) 2010 Part 3 Amendment of Commonwealth Aluminium Corporation Pty. Limited Agreement Act 1957 [s 14] 3. Clause 3 of the Principal Agreement is deleted and replaced with 1 new clause 3, which provides: 2 `(1) The agreement may be varied only-- 3 (a) by further written agreement between the State and the 4 company; and 5 (b) under the authority of the Act. 6 4. Immediately upon the assignment of the Principal Agreement from 7 RTAL to RTA Weipa becoming effective, the Principal Agreement 8 is amended by the insertion of the following new clause 66 9 immediately after clause 65 of the Principal Agreement: 10 `66. In addition to RTA Weipa, the following clauses of this 11 Agreement will continue to apply to RTAL and a reference to 12 the term "the Company" in those clauses is to be construed 13 accordingly-- 14 (a) Clause 18; 15 (b) Clause 27; 16 (c) Clause 48; 17 (d) Clause 49; 18 (e) Clause 52 19 (f) Clause 55; 20 (g) Clause 59; 21 (h) Clause 60; and 22 (i) Clause 62.'. 23 5. RTAL will notify the Minister in writing when the assignment of 24 the Principal Agreement from RTAL to RTA Weipa becomes 25 effective. 26 6. This Agreement comes into effect on and from the date notified by 27 the Minister (being the Minister of the State of Queensland 28 responsible for the administration of the Act) in the Government 29 Gazette or, if no date is specified, on the date of the gazettal. 30 IN WITNESS WHEREOF the parties hereto have executed this 31 Agreement as at the day and year first above written. 32 Page 18

 


 

Natural Resources and Other Legislation Amendment Bill (No. 2) 2010 Part 3 Amendment of Commonwealth Aluminium Corporation Pty. Limited Agreement Act 1957 [s 14] 1 S I G N E D ON BEHALF OF THE STATE OF QUEENSLAND BY THE HONOURABLE _________________________________________, MINISTER FOR _________________________________________ 2 In the presence of 3 4 5 In the presence of 6 7 8 Executed in accordance with section 127 of the Corporations Act 2001 by 9 RTA Weipa Pty Ltd (ACN 137 266 285): 10 11 12 ____________________________ ____________________________ 13 Witness Signature Signature 14 ____________________________ 15 Print Name 16 17 Executed in accordance with section 127 of the Corporations Act 2001 by 18 Rio Tinto Aluminium Limited (ACN 009 679 127): 19 ____________________________ ____________________________ 20 Director Signature Director/Secretary signature 21 ____________________________ ____________________________ 22 Print Name Print Name 23 Page 19

 


 

Natural Resources and Other Legislation Amendment Bill (No. 2) 2010 Part 3 Amendment of Commonwealth Aluminium Corporation Pty. Limited Agreement Act 1957 [s 14] `Schedule 3 Proposed further agreement 1 section 4C 2 THIS AGREEMENT is made the ____ day of __________, 20__ 3 BETWEEN STATE OF QUEENSLAND 4 AND 5 RTA WEIPA PTY LTD, ACN 137 266 285, Level 2, 443 Queen Street, 6 Brisbane in the State of Queensland (RTA Weipa) 7 AND 8 RIO TINTO ALUMINIUM LIMITED (FORMERLY 9 COMMONWEALTH ALUMINIUM CORPORATION PTY 10 LIMITED and COMALCO ALUMINIUM LIMITED), ACN 009 679 11 127, Level 2, 443 Queen Street, Brisbane in the State of Queensland 12 (RTAL) 13 BACKGROUND: 14 1. Under section 2 of the Commonwealth Aluminium Corporation Pty 15 Limited Agreement Act 1957 (the Act), the State and RTAL entered 16 into an agreement on 16 December 1957, which has been amended 17 from time to time (the Principal Agreement). 18 2. The State, RTA Weipa and RTAL have agreed to amend the 19 Principal Agreement in accordance with the Act to vary the 20 authorisation for RTA Weipa and RTAL to take or interfere with 21 water in the Wenlock Basin wild river area, other than artesian 22 water or subartesian water connected to artesian water. 23 3. Governor in Council approval has been obtained for the further 24 amendment of the Principal Agreement, as described in this 25 document. 26 IT IS AGREED THAT-- 27 4. The Principal Agreement is amended by the insertion of the 28 following new clause 32A immediately after clause 32 of the 29 Principal Agreement: 30 Page 20

 


 

Natural Resources and Other Legislation Amendment Bill (No. 2) 2010 Part 3 Amendment of Commonwealth Aluminium Corporation Pty. Limited Agreement Act 1957 [s 14] 32A. " 1 (1) Subclause (2) prevails to the extent of any inconsistency with 2 subclauses 31(a) to (e), 31 (g) and clause 32 of the Principal 3 Agreement. 4 (2) RTA Weipa's and RTAL's right to take or interfere with water, 5 other than artesian water or subartesian water connected to 6 artesian water, in the `Wenlock Basin wild river area' (as 7 defined in the Wenlock Basin Wild River Declaration 2010) is 8 subject to the following specified conditions: 9 (a) the right to take or interfere with water in the Wenlock 10 Basin wild river area is subject to an annual volumetric 11 limit of 90,000 ML (subject to the sum of the annual 12 volumetric limit that may be taken under water licences 13 held by RTA Weipa and RTAL and the holder of mining 14 tenements for a project for which the Alcan Queensland 15 Pty. Limited Agreement Act 1965 was enacted, not 16 exceeding 90,000 ML in total); 17 (b) the location from which the water may be taken or at 18 which the water may be interfered with is from sources 19 within or in the vicinity of the western bauxite field 20 referred to in clause 31(a); and 21 (c) the period over which RTA Weipa and RTAL may take 22 or interfere with water continues for the term of this 23 Agreement, including any future extensions of term. 24 (3) To remove any doubt, it is declared that subclauses (1) and (2) 25 do not limit: 26 (a) the rights of RTA Weipa and RTAL under subclauses 27 31(a) to (e), 31(g) and clause 32 of the Principal 28 Agreement to take or interfere with water outside the 29 Wenlock Basin wild river area; or 30 (b) RTA Weipa's and RTAL's right to take or interfere with 31 artesian water or subartesian water connected to artesian 32 water in the Wenlock Basin wild river area. 33 5. This Agreement comes into effect on and from the date notified by 34 the Minister (being the Minister for the State of Queensland 35 Page 21

 


 

Natural Resources and Other Legislation Amendment Bill (No. 2) 2010 Part 3 Amendment of Commonwealth Aluminium Corporation Pty. Limited Agreement Act 1957 [s 14] responsible for the administration of the Act) in the Government 1 Gazette or, if no date is specified, on the date of the gazettal. 2 IN WITNESS WHEREOF the parties hereto have executed this 3 Agreement as at the day and year first written above. 4 5 S I G N E D ON BEHALF OF THE STATE OF QUEENSLAND BY THE HONOURABLE _________________________________________, MINISTER FOR _________________________________________ 6 In the presence of 7 8 9 Executed in accordance with section 127 10 of the Corporations Act 2001 by 11 RTA Weipa Pty Ltd (ACN 137 266 285): 12 13 14 ____________________________ ____________________________ 15 Witness Signature Signature 16 ____________________________ 17 Print Name 18 19 20 Executed in accordance with section 127 21 of the Corporations Act 2001 by 22 Rio Tinto Aluminium Limited (ACN 23 009 679 127): 24 25 ____________________________ ____________________________ 26 Page 22

 


 

Natural Resources and Other Legislation Amendment Bill (No. 2) 2010 Part 4 Amendment of Environmental Protection Act 1994 [s 15] Director Signature Director/Secretary signature 1 ____________________________ ____________________________ 2 Print Name Print Name'. 3 Part 4 Amendment of Environmental 4 Protection Act 1994 5 Clause 15 Act amended 6 This part amends the Environmental Protection Act 1994. 7 Clause 16 Insertion of new s 312W 8 Chapter 5A, part 9-- 9 insert-- 10 `312W Statutory conditions of environmental authority 11 (chapter 5A activities) 12 `(1) An environmental authority (chapter 5A activities) is taken to 13 include a condition prohibiting the use of restricted 14 stimulation fluids. 15 Example-- 16 the use of hydrocarbon chemicals to stimulate the fracturing of coal 17 seams 18 `(2) In this section-- 19 restricted stimulation fluids means fluids used for the 20 purpose of stimulation, including fracturing, that contain-- 21 (a) petroleum hydrocarbons containing benzene, 22 ethylbenzene, toluene, or xylene; or 23 (b) chemicals that produce, or are likely to produce, 24 benzene, ethylbenzene, toluene or xylene as the 25 chemical breaks down in the environment.'. 26 Page 23

 


 

Natural Resources and Other Legislation Amendment Bill (No. 2) 2010 Part 4 Amendment of Environmental Protection Act 1994 [s 17] Clause 17 Amendment of s 320 (Duty to notify environmental harm) 1 (1) Section 320(3)-- 2 omit, insert-- 3 `(3) Within the notice period, the person must-- 4 (a) either-- 5 (i) if the person is carrying out the primary activity 6 during the person's employment or engagement by, 7 or as the agent of, someone else (the employer)-- 8 (A) tell the employer of the event, its nature and 9 the circumstances in which it happened; or 10 (B) if the employer can not be contacted--give 11 written notice to the administering authority 12 of the event, its nature and the circumstances 13 in which it happened; or 14 (ii) if subparagraph (i) does not apply to the 15 person--give written notice to the administering 16 authority of the event, its nature and the 17 circumstances in which it happened; and 18 (b) give written notice, of the event, its nature and the 19 circumstances in which it happened, to each occupier of 20 land that is, or is reasonably likely to be, affected by the 21 event.'. 22 (2) Section 320(5), penalty, `100'-- 23 omit, insert-- 24 `500'. 25 (3) Section 320-- 26 insert-- 27 `(9) In this section-- 28 notice period, for an event involving harm, means as soon as 29 reasonably practicable, but not longer than 24 hours, after 30 becoming aware of the event.'. 31 Page 24

 


 

Natural Resources and Other Legislation Amendment Bill (No. 2) 2010 Part 4 Amendment of Environmental Protection Act 1994 [s 18] Clause 18 Insertion of new s 320A 1 Chapter 7, part 1-- 2 insert-- 3 `320A Duty to notify of negative impact on, or 4 interconnection with, aquifers 5 `(1) This section applies to a person who, while carrying out a 6 chapter 5A activity, becomes aware of 1 or both of the 7 following events-- 8 (a) the activity has negatively affected, or is likely to 9 negatively affect, the water quality of an aquifer; 10 (b) the activity has caused the connection of 2 or more 11 aquifers. 12 `(2) However, this section does not apply if the event is authorised 13 under-- 14 (a) an environmental protection policy; or 15 (b) a transitional environmental program; or 16 (c) an environmental protection order; or 17 (d) an environmental authority; or 18 (e) a development condition of a development approval; or 19 (f) a standard environmental condition of a code of 20 environmental compliance for a chapter 4 activity; or 21 (g) an emergency direction; or 22 (h) an accredited ERMP. 23 `(3) Also, this section does not apply to a person in relation to an 24 event if section 320 applies to the person in relation to the 25 event and the person has complied with section 320. 26 `(4) Within the notice period, the person must-- 27 (a) give written notice to the administering authority of the 28 event, its nature and the circumstances in which it 29 happened; and 30 Page 25

 


 

Natural Resources and Other Legislation Amendment Bill (No. 2) 2010 Part 4 Amendment of Environmental Protection Act 1994 [s 19] (b) give written notice of the event, its nature and the 1 circumstances in which it happened to each occupier of 2 land that is, has been, or is reasonably likely to be, 3 affected by the event. 4 `(5) A person must not, without reasonable excuse, fail to comply 5 with subsection (4). 6 Maximum penalty--100 penalty units. 7 `(6) In this section-- 8 notice period, for an event involving harm, means as soon as 9 reasonably practicable, but not longer than 24 hours, after 10 becoming aware of the event.'. 11 Clause 19 Amendment of s 616D (Changing conditions of 12 transitional authority (SAA)) 13 Section 616D(3)(a), `section 616H(b)'-- 14 omit, insert-- 15 `section 616H(1)(b)'. 16 Clause 20 Amendment of s 616H (Requirement to apply for new 17 authority or amend etc. transitional authority (SAA)) 18 (1) Section 616H(c)-- 19 omit, insert-- 20 `(c) the surrender of the transitional authority (SAA); or 21 (d) the transfer of the transitional authority (SAA) to an 22 entity other than a wholly owned subsidiary of the 23 holder of the authority within the meaning of the 24 Corporations Act.'. 25 (2) Section 616H, note, `this section'-- 26 omit, insert-- 27 `subsection (1)'. 28 (3) Section 616H, after note-- 29 Page 26

 


 

Natural Resources and Other Legislation Amendment Bill (No. 2) 2010 Part 4 Amendment of Environmental Protection Act 1994 [s 21] insert-- 1 `(2) To remove any doubt, it is declared that the transfer of a 2 transitional authority (SAA) to a wholly owned subsidiary of 3 the holder of the authority within the meaning of the 4 Corporations Act does not constitute compliance with the 5 obligation under subsection (1).'. 6 Clause 21 Amendment of s 616M (End of transitional authority 7 (SAA)) 8 (1) Section 616M(1)(a), `section 616H'-- 9 omit, insert-- 10 `section 616H(1)'. 11 (2) Section 616M(2)-- 12 omit, insert-- 13 `(2) However, despite subsection (1)(c), if a transitional authority 14 (SAA) is transferred under chapter 5, part 9 to a wholly owned 15 subsidiary of the holder of the authority within the meaning of 16 the Corporations Act, the authority does not end. 17 `(3) To remove any doubt, it is declared that subsection (1) does 18 not limit chapter 5, part 12.'. 19 Clause 22 Amendment of s 616N (Application of sdiv 5) 20 Section 616N, `section 616H(a)'-- 21 omit, insert-- 22 `section 616H(1)(a)'. 23 Clause 23 Amendment of s 616R (Application of sdiv 6) 24 Section 616R, `section 616H(b)'-- 25 omit, insert-- 26 `section 616H(1)(b)'. 27 Page 27

 


 

Natural Resources and Other Legislation Amendment Bill (No. 2) 2010 Part 5 Amendment of Geothermal Energy Act 2010 [s 24] Part 5 Amendment of Geothermal 1 Energy Act 2010 2 Clause 24 Act amended 3 This part amends the Geothermal Energy Act 2010. 4 Clause 25 Amendment of s 464 (Insertion of new pt 19, div 13, sdiv 5 2) 6 (1) Section 464, inserted section 780(2)(b), after `that the holder 7 started before the commencement'-- 8 omit, insert-- 9 `stated in the notice'. 10 (2) Section 464, inserted section 780(3), from `subsection 11 (2)--'-- 12 omit, insert-- 13 `subsection (2) is taken to be an entry notice for schedule 1.'. 14 (3) Section 464, inserted section 781(1)-- 15 omit, insert-- 16 `(1) This section applies-- 17 (a) for the holder of an exploration permit or mineral 18 development licence holder if the holder has given a 19 converted entry notice; and 20 (b) until the earlier of the following to happen-- 21 (i) the day that is 6 months after the relevant 22 anniversary day for the exploration permit or 23 mineral development licence; 24 (ii) 1 September 2011.'. 25 (4) Section 464, inserted section 781(2), after `notice'-- 26 omit, insert-- 27 `, including any renewed term,'. 28 Page 28

 


 

Natural Resources and Other Legislation Amendment Bill (No. 2) 2010 Part 5 Amendment of Geothermal Energy Act 2010 [s 26] (5) Section 464, inserted section 781(3)-- 1 omit. 2 (6) Section 464, inserted section 781(4)-- 3 insert-- 4 `relevant anniversary day, for an exploration permit or 5 mineral development licence, means the anniversary of the 6 grant of the permit or licence that first occurs after the 7 commencement of this section.'. 8 (7) Section 464, inserted section 781(4)-- 9 renumber as section 781(3). 10 Editor's note-- 11 Legislation ultimately amended-- 12 Mineral Resources Act 1989 13 Clause 26 Amendment of s 465 (Insertion of new sch 1) 14 Section 465, inserted schedule 1, section 13(4), definition 15 compensatable effect-- 16 omit, insert-- 17 `compensatable effect means all or any of the following-- 18 (a) all or any of the following relating to the eligible 19 claimant's land-- 20 (i) deprivation of possession of its surface; 21 (ii) diminution of its value; 22 (iii) diminution of the use made or that may be made of 23 the land or any improvement on it; 24 (iv) severance of any part of the land from other parts 25 of the land or from other land that the eligible 26 claimant owns; 27 (v) any cost, damage or loss arising from the carrying 28 out of activities under the exploration tenement on 29 the land; 30 Page 29

 


 

Natural Resources and Other Legislation Amendment Bill (No. 2) 2010 Part 6 Amendment of Holidays Act 1983 [s 27] (b) accounting, legal or valuation costs the claimant 1 necessarily and reasonably incurs to negotiate or prepare 2 a conduct and compensation agreement, other than the 3 costs of a person facilitating an ADR; 4 Examples of negotiation-- 5 an ADR or conference 6 (c) consequential damages the eligible claimant incurs 7 because of a matter mentioned in paragraph (a) or (b).'. 8 Editor's note-- 9 Legislation ultimately amended-- 10 Mineral Resources Act 1989 11 Part 6 Amendment of Holidays Act 12 1983 13 Clause 27 Act amended 14 This part amends the Holidays Act 1983. 15 Clause 28 Amendment of s 4 (Special holidays) 16 Section 4-- 17 insert-- 18 `(7) In this section-- 19 Comalco Limited means each of the following-- 20 (a) Comalco Limited ACN 004 502 694; 21 (b) its successors and assigns. 22 Note-- 23 Since the commencement of this Act, Comalco Limited has changed its 24 name to Rio Tinto Aluminium (Holdings) Limited.'. 25 Page 30

 


 

Natural Resources and Other Legislation Amendment Bill (No. 2) 2010 Part 7 Amendment of Mineral Resources Act 1989 [s 29] Part 7 Amendment of Mineral 1 Resources Act 1989 2 Clause 29 Act amended 3 This part amends the Mineral Resources Act 1989. 4 Clause 30 Insertion of new s 140A 5 After section 140-- 6 insert-- 7 `140A Obligation to consult with particular owners and 8 occupiers 9 `(1) An exploration permit holder must consult or use reasonable 10 endeavours to consult with each owner and occupier of private 11 or public land on which authorised activities for the permit are 12 proposed to be carried out or are being carried out. 13 `(2) The consultation must be about-- 14 (a) access; and 15 (b) the carrying out of authorised activities for the 16 exploration permit (including, for example, crossing 17 access land for the permit) to the extent they relate to the 18 owners and occupiers; and 19 (c) the exploration permit holder's compensation liability to 20 the owners or occupiers. 21 Note-- 22 For the holder's compensation liability, see schedule 1, section 23 13(2).'. 24 Clause 31 Insertion of new s 193A 25 After section 193-- 26 insert-- 27 Page 31

 


 

Natural Resources and Other Legislation Amendment Bill (No. 2) 2010 Part 7 Amendment of Mineral Resources Act 1989 [s 32] `193A Obligation to consult with particular owners and 1 occupiers 2 `(1) A mineral development licence holder must consult or use 3 reasonable endeavours to consult with each owner and 4 occupier of private or public land on which authorised 5 activities for the licence are proposed to be carried out or are 6 being carried out. 7 `(2) The consultation must be about-- 8 (a) access; and 9 (b) the carrying out of authorised activities for the mineral 10 development licence (including, for example, crossing 11 access land for the licence) to the extent they relate to 12 the owners and occupiers; and 13 (c) the mineral development licence holder's compensation 14 liability to the owners or occupiers. 15 Note-- 16 For the holder's compensation liability, see schedule 1, section 17 13(2).'. 18 Clause 32 Replacement of s 397 (Liability of owner restricted) 19 Section 397-- 20 omit, insert-- 21 `397 Limitation of owner's or occupier's tortious liability for 22 authorised activities 23 `(1) This section applies to an owner or occupier of land in the 24 area of a mining tenement if-- 25 (a) someone else carries out an authorised activity for a 26 mining tenement on the land; or 27 (b) someone else carries out an activity on the land and, in 28 doing so, purports to be carrying out an authorised 29 activity for a mining tenement. 30 `(2) The owner or occupier is not civilly liable to anyone else for a 31 claim based in tort for damages relating to the carrying out of 32 the activity. 33 Page 32

 


 

Natural Resources and Other Legislation Amendment Bill (No. 2) 2010 Part 7 Amendment of Mineral Resources Act 1989 [s 32] `(3) However, subsection (2) does not apply to the extent the 1 owner or occupier, or someone else authorised by the owner 2 or occupier, caused, or contributed to, the harm the subject of 3 the claim. 4 `(4) This section applies-- 5 (a) despite any other Act or law; and 6 (b) even though this Act or the mining tenement prevents or 7 restricts the carrying out of the activity as an authorised 8 activity for the mining tenement. 9 `(5) Subject to subsection (2), in this section, the terms claim, 10 damages and harm have the same meaning that they have 11 under the Civil Liability Act 2003. 12 `397A Duty to avoid interference in carrying out authorised 13 activities 14 `A person who carries out an authorised activity for a mining 15 tenement must carry out the activity in a way that does not 16 unreasonably interfere with anyone else carrying out a lawful 17 activity. 18 Maximum penalty--500 penalty units. 19 `397B Obstruction of mining tenement holder 20 `(1) A person must not, without reasonable excuse, obstruct a 21 mining tenement holder from-- 22 (a) entering or crossing land to carry out an authorised 23 activity for the mining tenement if schedule 1, parts 2 to 24 6, to the extent the parts are relevant, have been 25 complied with in relation to the entry; or 26 (b) carrying out an authorised activity for the mining 27 tenement on the land. 28 Maximum penalty--500 penalty units. 29 `(2) If a person has obstructed a mining tenement holder from 30 carrying out an activity mentioned in subsection (1) and the 31 Page 33

 


 

Natural Resources and Other Legislation Amendment Bill (No. 2) 2010 Part 8 Amendment of Nature Conservation Act 1992 [s 33] holder decides to proceed with the carrying out of the activity, 1 the holder must warn the person that-- 2 (a) it is an offence to obstruct the holder unless the person 3 has a reasonable excuse; and 4 (b) the holder considers the person's conduct is an 5 obstruction. 6 `(3) In this section-- 7 obstruct includes assault, hinder, resist and attempt or threaten 8 to assault, hinder or resist.'. 9 Part 8 Amendment of Nature 10 Conservation Act 1992 11 Clause 33 Act amended 12 This parts amends the Nature Conservation Act 1992. 13 Clause 34 Amendment of s 89 (Restriction on taking etc. particular 14 protected plants) 15 (1) Section 89(1), from `, other than under' to `exemption under a 16 regulation.'-- 17 omit, insert-- 18 `unless-- 19 (a) it is necessary and reasonable to take the plant to avoid 20 or reduce an imminent risk of death or serious injury to 21 a person and the taking can not reasonably be avoided or 22 minimised; or 23 (b) each of the following applies-- 24 (i) it is necessary and reasonable to take the plant to 25 avoid or reduce an imminent risk of serious 26 Page 34

 


 

Natural Resources and Other Legislation Amendment Bill (No. 2) 2010 Part 8 Amendment of Nature Conservation Act 1992 [s 34] damage to a building or other structure on land, or 1 to personal property; 2 (ii) if the damage is not prevented or controlled, a 3 person may suffer significant economic loss; 4 (iii) the taking can not reasonably be avoided or 5 minimised; or 6 (c) taking the plant is, or is a necessary part of, a measure 7 that is-- 8 (i) authorised under the Fire and Rescue Service Act 9 1990, section 53(1) or 68(1)(c); or 10 (ii) required under section 53(2)(j) or 69(1) of that Act; 11 or 12 (d) the person takes the plant by lighting a fire that is-- 13 (i) authorised under a notification under the Fire and 14 Rescue Service Act 1990, section 63 or a permit 15 granted under section 65(2) of that Act; and 16 (ii) necessary to reduce hazardous fuel load; or 17 (e) the plant is taken under a development approval-- 18 (i) for work that includes the clearing of native 19 vegetation under the Vegetation Management Act 20 1999; and 21 (ii) for which taking the plant was assessed under a 22 regional vegetation management code or 23 concurrence agency policy; or 24 (f) the taking of the plant is authorised under a land 25 management agreement under the Land Act 1994; or 26 (g) each of the following applies-- 27 (i) the plant is least concern wildlife; 28 (ii) the plant is taken other than under a relevant 29 development activity; 30 Page 35

 


 

Natural Resources and Other Legislation Amendment Bill (No. 2) 2010 Part 8 Amendment of Nature Conservation Act 1992 [s 34] (iii) taking the plant, other than under a relevant 1 development activity, is not assessable 2 development; or 3 (h) the plant is taken under-- 4 (i) a conservation plan applicable to the plant; or 5 (ii) a licence, permit or other authority issued or given 6 under a regulation; or 7 (iii) an exemption under a regulation.'. 8 (2) Section 89(5)-- 9 insert-- 10 `assessable development see the Sustainable Planning Act 11 2009, schedule 3. 12 building means a fixed structure that is wholly or partly 13 enclosed by walls. 14 concurrence agency policy see the Vegetation Management 15 Act 1999, section 10A(3). 16 development approval see the Sustainable Planning Act 2009, 17 schedule 3. 18 regional vegetation management code see the Vegetation 19 Management Act 1999, section 11. 20 relevant development activity means-- 21 (a) a mining activity or a chapter 5A activity under the 22 Environment Protection Act 1994; or 23 (b) geothermal exploration or any activity related to the 24 extraction or production of geothermal energy, carried 25 out under a geothermal exploration permit under the 26 Geothermal Exploration Act 2004; or 27 (c) either of the following-- 28 (i) an activity under the Electricity Act 1994, section 29 101 or 112A; 30 Page 36

 


 

Natural Resources and Other Legislation Amendment Bill (No. 2) 2010 Part 9 Amendment of Petroleum Act 1923 [s 35] (ii) an electricity entity under that Act otherwise 1 clearing, lopping or pruning trees under that Act; 2 or 3 (d) for a State-controlled road under the Transport 4 Infrastructure Act 1994-- 5 (i) road works carried out on the State-controlled 6 road; or 7 (ii) ancillary works and encroachments constructed, 8 maintained, operated or conducted on the 9 State-controlled road under section 50 of that Act; 10 or 11 (e) clearing, for routine transport corridor management and 12 safety purposes, on existing rail corridor land, new rail 13 corridor land, non-rail corridor land or commercial 14 corridor land (within the meaning of the Transport 15 Infrastructure Act 1994) that is not leased on a 16 commercial basis.'. 17 Part 9 Amendment of Petroleum Act 18 1923 19 Clause 35 Act amended 20 This part amends the Petroleum Act 1923. 21 Clause 36 Amendment of s 76G (Power to require information or 22 reports about authorised activities to be kept or given) 23 (1) Section 76G(4) and (5)-- 24 renumber as section 76G(5) and (6). 25 (2) Section 76G-- 26 insert-- 27 Page 37

 


 

Natural Resources and Other Legislation Amendment Bill (No. 2) 2010 Part 9 Amendment of Petroleum Act 1923 [s 37] `(4) A copy of a notice under subsection (1)(b) must be given to 1 both the owners and occupiers of affected land in the way and 2 at the times prescribed under a regulation.'. 3 (3) Section 76G(6), as renumbered-- 4 insert-- 5 `affected land means land on which an authorised activity is, 6 or has been, carried out.'. 7 Clause 37 Insertion of new ss 76GA and 76GB 8 Part 6E-- 9 insert-- 10 `76GA Giving copy of required notice by publication 11 `(1) This section applies if, under section 76G(4), a 1923 Act 12 petroleum tenure holder must give owners and occupiers of 13 affected land a copy of a notice about authorised activities 14 carried out under the tenure. 15 `(2) The chief executive may approve the 1923 Act petroleum 16 tenure holder giving the notice by publishing it in a stated 17 way. 18 `(3) The publication may relate to more than 1 notice. 19 `(4) The chief executive may give the approval only if satisfied-- 20 (a) if the notice is required to be given before an authorised 21 activity is carried out--the publication is reasonably 22 likely to adequately inform the owner or occupier of 23 affected land at least 10 business days before the 24 authorised activity is carried out; or 25 (b) if the notice is required to be given after an authorised 26 activity is carried out--the publication is reasonably 27 likely to adequately inform the owner or occupier of 28 affected land. 29 `(5) If the chief executive approves the giving of the notice under 30 subsection (2)-- 31 Page 38

 


 

Natural Resources and Other Legislation Amendment Bill (No. 2) 2010 Part 10 Amendment of Petroleum and Gas (Production and Safety) Act 2004 [s 38] (a) the notice may state where a copy of further information 1 referred to in the publication may be obtained, or 2 inspected, free of charge; and 3 (b) the holder is not required to comply with section 4 76G(4). 5 `(6) In this section-- 6 affected land means land on which an authorised activity is, 7 or has been, carried out. 8 `76GB Copy of particular notices for chief executive 9 (environment) 10 `(1) This section applies if-- 11 (a) a regulation requires a 1923 Act petroleum tenure holder 12 to lodge a notice under section 76G(1)(b); and 13 (b) the 1923 Act petroleum tenure holder lodges the notice 14 as required. 15 `(2) The chief executive must give the chief executive 16 (environment) a copy of the notice. 17 `(3) In this section-- 18 chief executive (environment) means the chief executive of 19 the department in which the Environmental Protection Act 20 1994 is administered.'. 21 Part 10 Amendment of Petroleum and 22 Gas (Production and Safety) 23 Act 2004 24 Clause 38 Act amended 25 This part amends the Petroleum and Gas (Production and 26 Safety) Act 2004. 27 Page 39

 


 

Natural Resources and Other Legislation Amendment Bill (No. 2) 2010 Part 10 Amendment of Petroleum and Gas (Production and Safety) Act 2004 [s 39] Clause 39 Amendment of s 553 (Power to require information or 1 reports about authorised activities to be kept or given) 2 (1) Section 553(4) and (5)-- 3 renumber as section 553(5) and (6). 4 (2) Section 553-- 5 insert-- 6 `(4) A copy of a notice under subsection (1)(b) must be given to 7 both the owners and occupiers of affected land in the way and 8 at the times prescribed under a regulation.'. 9 (3) Section 553(6), as renumbered-- 10 insert-- 11 `affected land means land on which an authorised activity is, 12 or has been, carried out.'. 13 Clause 40 Insertion of new ss 553A and 553B 14 Chapter 5, part 7-- 15 insert-- 16 `553A Giving copy of required notice by publication 17 `(1) This section applies if, under section 553(4), a regulation 18 requires a petroleum authority holder to give owners and 19 occupiers of affected land a copy of a notice about authorised 20 activities carried out under the petroleum authority. 21 `(2) The chief executive may approve the petroleum authority 22 holder giving the notice by publishing it in a stated way. 23 `(3) The publication may relate to more than 1 notice. 24 `(4) The chief executive may give the approval only if satisfied-- 25 (a) if the notice is required to be given before an authorised 26 activity is carried out--the publication is reasonably 27 likely to adequately inform the owner or occupier of 28 affected land at least 10 business days before the 29 authorised activity is carried out; or 30 Page 40

 


 

Natural Resources and Other Legislation Amendment Bill (No. 2) 2010 Part 10 Amendment of Petroleum and Gas (Production and Safety) Act 2004 [s 40] (b) if the notice is required to be given after an authorised 1 activity is carried out--the publication is reasonably 2 likely to adequately inform the owner or occupier of 3 affected land. 4 `(5) If the chief executive approves the giving of the notice under 5 subsection (2)-- 6 (a) the notice may state where a copy of further information 7 referred to in the publication may be obtained, or 8 inspected, free of charge; and 9 (b) the holder is not required to comply with section 553(4). 10 `(6) In this section-- 11 affected land means land on which an authorised activity is, 12 or has been, carried out. 13 `553B Copy of particular notices for chief executive 14 (environment) 15 `(1) This section applies if-- 16 (a) a regulation requires a petroleum authority holder to 17 lodge a notice under section 553(1)(b); and 18 (b) the petroleum authority holder lodges the notice as 19 required. 20 `(2) The chief executive must give the chief executive 21 (environment) a copy of the notice. 22 `(3) In this section-- 23 chief executive (environment) means the chief executive of 24 the department in which the Environmental Protection Act 25 1994 is administered.'. 26 Page 41

 


 

Natural Resources and Other Legislation Amendment Bill (No. 2) 2010 Part 11 Amendment of South Bank Corporation Act 1989 [s 41] Part 11 Amendment of South Bank 1 Corporation Act 1989 2 Clause 41 Act amended 3 This part amends the South Bank Corporation Act 1989. 4 Clause 42 Amendment of sch 15 (Commercial precinct) 5 Schedule 15, plan 1-- 6 omit, insert-- 7 Page 42

 


 

Natural Resources and Other Legislation Amendment Bill (No. 2) 2010 Part 11 Amendment of South Bank Corporation Act 1989 [s 42] `Plan 1 1 '. 2 Page 43

 


 

Natural Resources and Other Legislation Amendment Bill (No. 2) 2010 Part 12 Amendment of Vegetation Management Act 1999 [s 43] Part 12 Amendment of Vegetation 1 Management Act 1999 2 Clause 43 Act amended 3 This part amends the Vegetation Management Act 1999. 4 Clause 44 Amendment of s 11 (Minister must make regional 5 vegetation management codes) 6 (1) Section 11(2)-- 7 omit, insert-- 8 `(2) A regional vegetation management code may provide for the 9 protection of-- 10 (a) the habitat of native wildlife prescribed under the Nature 11 Conservation Act as endangered, vulnerable or near 12 threatened wildlife (protected wildlife); or 13 (b) a plant that is protected wildlife or least concern 14 wildlife; or 15 (c) the breeding place of an animal that is protected wildlife 16 or least concern wildlife.'. 17 (2) Section 11(3), `subsection (2)'-- 18 omit, insert-- 19 `subsection (2)(a)'. 20 (3) Section 11-- 21 insert-- 22 `(5) In this section-- 23 breeding place, of an animal, means a bower, burrow, cave, 24 hollow, nest or other place or thing that is commonly used by 25 the animal to incubate or rear the animal's offspring. 26 least concern wildlife means native wildlife prescribed under 27 the Nature Conservation Act as least concern wildlife.'. 28 Page 44

 


 

Natural Resources and Other Legislation Amendment Bill (No. 2) 2010 Part 12 Amendment of Vegetation Management Act 1999 [s 45] Clause 45 Amendment of s 20AH (Deciding to show particular areas 1 as remnant vegetation) 2 Section 20AH-- 3 insert-- 4 `(i) the chief executive has been given an area management 5 clearing notification for the area and the purpose of 6 clearing vegetation in the area is for-- 7 (i) fodder harvesting; or 8 (ii) thinning; or 9 (iii) clearing of encroachment; or 10 (iv) control of non-native plants or declared pests.'. 11 Clause 46 Amendment of s 20CA (Process before making PMAV) 12 Section 20CA(2)-- 13 insert-- 14 `(e) an area management clearing notification for the area 15 has been received and the purpose of clearing was other 16 than clearing vegetation in the area for-- 17 (i) fodder harvesting; or 18 (ii) thinning; or 19 (iii) clearing of encroachment; or 20 (iv) control of non-native plants or declared pests.'. 21 Clause 47 Insertion of new pt 2, div 5B 22 Part 2-- 23 insert-- 24 Page 45

 


 

Natural Resources and Other Legislation Amendment Bill (No. 2) 2010 Part 12 Amendment of Vegetation Management Act 1999 [s 47] `Division 5B Area management plans 1 `Subdivision 1 Preliminary 2 `20I Definitions for div 5B 3 `In this division-- 4 accredited existing planning document means an existing 5 planning document accredited under section 20O(3)(a). 6 approved draft plan means a draft plan approved under 7 section 20O(1)(a). 8 area management plan see section 20J. 9 draft plan see section 20M(3)(a)(i). 10 existing planning document see section 20K. 11 owner, of land, includes-- 12 (a) for trust land under the Land Act 1994--a trustee of the 13 land; or 14 (b) for a State-controlled road under the Transport 15 Infrastructure Act 1994--the chief executive of the 16 department in which that Act is administered; or 17 (c) for a road controlled by a local government under the 18 Local Government Act 2009--the local government. 19 plan area, for an area management plan, means the area to 20 which the plan relates. 21 proposed area-- 22 (a) for a draft plan--see section 20O(2)(a); or 23 (b) for an existing planning document--see section 24 20O(3)(a). 25 restricted (fodder harvesting) land see section 20L. 26 Page 46

 


 

Natural Resources and Other Legislation Amendment Bill (No. 2) 2010 Part 12 Amendment of Vegetation Management Act 1999 [s 47] `20J What is an area management plan 1 `(1) An area management plan is-- 2 (a) a draft area management plan that is approved as an area 3 management plan under section 20O(1)(a); or 4 (b) an existing planning document that is accredited as an 5 area management plan under section 20O(3)(a). 6 `(2) However, if an area management plan is amended by the chief 7 executive under section 20ZB, the area management plan is 8 the plan as amended. 9 `(3) Also, if an amendment of an area management plan is 10 approved under section 20ZC, the area management plan is 11 the amended plan as approved under that section. 12 `20K What is an existing planning document 13 `An existing planning document is any of the following-- 14 (a) a conservation agreement under the Nature 15 Conservation Act; 16 (b) an accredited environmental risk management plan 17 under the Environmental Protection Act 1994, chapter 18 4A; 19 (c) a plan for managing declared pests on State-controlled 20 land under the Land Protection (Pest and Stock Route 21 Management) Act 2002, chapter 2, part 3; 22 (d) a local government's pest management plan under the 23 Land Protection (Pest and Stock Route Management) 24 Act 2002, chapter 2, part 4 or stock route network 25 management plan under chapter 3, part 3 of that Act; 26 (e) a land management agreement under the Land Act 1994; 27 (f) another document that provides for clearing vegetation 28 and is prescribed under a regulation. 29 Page 47

 


 

Natural Resources and Other Legislation Amendment Bill (No. 2) 2010 Part 12 Amendment of Vegetation Management Act 1999 [s 47] `20L What is restricted (fodder harvesting) land 1 `(1) Restricted (fodder harvesting) land is-- 2 (a) a State-controlled road under the Transport 3 Infrastructure Act 1994; or 4 (b) a road controlled by a local government under the Local 5 Government Act 2009; or 6 (c) trust land under the Land Act 1994. 7 `(2) However, restricted (fodder harvesting) land does not include 8 indigenous land. 9 `Subdivision 2 Approval of plans and accreditation 10 of planning documents 11 `20M Application for approval of draft plan or accreditation 12 of planning document 13 `(1) An entity or a group of entities may apply to the chief 14 executive to approve a draft area management plan or accredit 15 an existing planning document for an area. 16 Examples of entities who may apply-- 17 an owner, or a group of owners, of land in the area 18 an organisation whose main function involves managing land in the 19 area 20 `(2) The application must-- 21 (a) be in the approved form; and 22 (b) be signed by-- 23 (i) the applicant; or 24 (ii) if there are 2 or more applicants, at least 1 25 applicant; and 26 (c) relate only to a single or contiguous area; and 27 Page 48

 


 

Natural Resources and Other Legislation Amendment Bill (No. 2) 2010 Part 12 Amendment of Vegetation Management Act 1999 [s 47] (d) show that the applicant has given, or taken reasonable 1 steps to give, notice of the application to each owner of 2 land in the area. 3 `(3) The application must also be accompanied by-- 4 (a) either-- 5 (i) the draft area management plan (the draft plan); or 6 (ii) a copy of the existing planning document; and 7 (b) the fee prescribed under a regulation. 8 `(4) However, the chief executive may waive the fee if the chief 9 executive considers the waiver is in the interest of the State. 10 `20N Further information or documents for application 11 `(1) Before deciding the application, the chief executive may ask 12 the applicant for further information or a document the chief 13 executive reasonably requires to decide the application. 14 `(2) If the chief executive asks for information or a document 15 under subsection (1)-- 16 (a) the applicant must give the chief executive the 17 information or document within-- 18 (i) 30 business days after the request is made; or 19 (ii) a longer period, if agreed to by the chief executive; 20 and 21 (b) the chief executive may stop considering the application 22 until the information or document is given. 23 `20O Deciding applications 24 `(1) The chief executive must decide an application for approval of 25 a draft plan by-- 26 (a) approving the draft plan as an area management plan; or 27 (b) refusing to approve the draft plan. 28 `(2) For approving the draft plan, the chief executive may-- 29 Page 49

 


 

Natural Resources and Other Legislation Amendment Bill (No. 2) 2010 Part 12 Amendment of Vegetation Management Act 1999 [s 47] (a) approve the draft plan as the area management plan for 1 the area (the proposed area) to which the draft plan 2 relates; or 3 (b) approve the draft plan as the area management plan for 4 part of the proposed area; or 5 (c) approve the draft plan under paragraph (a) or (b) and 6 impose an additional condition on the area management 7 plan. 8 `(3) The chief executive must decide an application for 9 accreditation of an existing planning document by-- 10 (a) accrediting the document as an area management plan 11 for the area (also the proposed area) to which the 12 document relates; or 13 (b) refusing to accredit the document. 14 `20P Criteria for approving draft plan or accrediting 15 planning document 16 `The chief executive may approve a draft plan or accredit an 17 existing planning document only if the chief executive is 18 satisfied-- 19 (a) the application for approval of the plan or accreditation 20 of the document is properly made under section 20M; 21 and 22 (b) the plan or document includes enough information to 23 allow the chief executive to map the boundary of-- 24 (i) the proposed area; and 25 (ii) if the conditions for clearing vegetation relate to 26 different zones within the proposed area--each of 27 the zones; and 28 (c) the plan or document states-- 29 (i) the management intent and management outcomes 30 for vegetation management in the proposed area; 31 and 32 Page 50

 


 

Natural Resources and Other Legislation Amendment Bill (No. 2) 2010 Part 12 Amendment of Vegetation Management Act 1999 [s 47] (ii) the conditions for clearing vegetation in the 1 proposed area to achieve the management 2 outcomes; and 3 (d) the plan or document provides for, or allows, clearing of 4 vegetation for 1 or more of the following purposes 5 only-- 6 (i) to control non-native plants or declared pests; 7 (ii) to ensure public safety; 8 (iii) to establish a necessary fence, firebreak, road or 9 vehicular track; 10 (iv) to clear an encroachment; 11 (v) for thinning; 12 (vi) for fodder harvesting, other than on a part of the 13 proposed area that is restricted (fodder harvesting) 14 land; and 15 (e) the plan or document is not inconsistent with the 16 following-- 17 (i) the State policy; 18 (ii) the regional vegetation management code for the 19 proposed area. 20 `20Q Mandatory condition on approval of draft plan or 21 accreditation of planning document 22 `(1) The chief executive may only approve a draft plan or accredit 23 an existing planning document as an area management plan 24 subject to the conditions (each a mandatory condition) under 25 subsections (2) and (3). 26 `(2) If the draft plan or existing planning document provides for, 27 or allows, clearing of vegetation to establish a fence, 28 firebreak, road or vehicular track (each prescribed 29 infrastructure), the conditions are-- 30 (a) the establishment of the prescribed infrastructure must 31 be necessary; and 32 Page 51

 


 

Natural Resources and Other Legislation Amendment Bill (No. 2) 2010 Part 12 Amendment of Vegetation Management Act 1999 [s 47] (b) the clearing can not reasonably be avoided or 1 minimised. 2 `(3) If the plan area includes restricted (fodder harvesting) land, 3 the condition is that vegetation on the land can not be cleared 4 for fodder harvesting. 5 `20R Imposing additional condition on approval of draft 6 plan 7 `(1) This section applies to the chief executive for approving a 8 draft plan as an area management plan. 9 `(2) The chief executive may impose an additional condition on 10 the area management plan if the chief executive considers the 11 condition is necessary or appropriate-- 12 (a) to manage vegetation in a way that achieves the 13 purposes of the Act; or 14 (b) to avoid inconsistency with-- 15 (i) the State policy; or 16 (ii) the regional vegetation management code for the 17 plan area. 18 `(3) In this section-- 19 condition, for an area management plan, includes a condition 20 about any of the following-- 21 (a) the management intent of the plan; 22 (b) a management outcome of the plan; 23 (c) clearing vegetation or restricting the clearing of 24 vegetation under the plan. 25 `20S Other requirements for approving draft plan 26 `(1) If the chief executive approves a draft plan as an area 27 management plan, the chief executive must-- 28 Page 52

 


 

Natural Resources and Other Legislation Amendment Bill (No. 2) 2010 Part 12 Amendment of Vegetation Management Act 1999 [s 47] (a) decide the period, of no longer than 10 years, for which 1 the area management plan will be in force (the plan 2 period); and 3 (b) ensure the following is stated on the area management 4 plan-- 5 (i) the plan period; 6 (ii) each relevant mandatory condition; and 7 (c) give the applicant-- 8 (i) a copy of the area management plan; and 9 (ii) if the plan period is not 10 years--an information 10 notice about the decision under paragraph (a). 11 `(2) If the chief executive decides to approve the draft plan for 12 only part of the proposed area, the chief executive must also-- 13 (a) ensure the part of the area is accurately shown in the 14 area management plan; and 15 (b) give the applicant an information notice about the 16 decision. 17 `(3) If the chief executive decides to impose an additional 18 condition on the area management plan under section 20R, the 19 chief executive must also-- 20 (a) ensure the condition is stated on or reflected in the plan; 21 and 22 (b) give the applicant an information notice about the 23 decision. 24 `20T Other requirements for accrediting existing 25 planning document 26 `(1) If the chief executive accredits an existing planning document 27 as an area management plan, the chief executive must-- 28 (a) give the applicant written notice of the accreditation (the 29 accreditation notice); and 30 Page 53

 


 

Natural Resources and Other Legislation Amendment Bill (No. 2) 2010 Part 12 Amendment of Vegetation Management Act 1999 [s 47] (b) ensure the accreditation notice states each relevant 1 mandatory condition. 2 `(2) The accreditation notice forms part of the area management 3 plan. 4 `20U Refusing to approve draft plan or accredit planning 5 document 6 `(1) Without limiting section 20O(1)(b) or (3)(b), the chief 7 executive may refuse to approve a draft plan or accredit an 8 existing planning document if-- 9 (a) the chief executive has asked the applicant for 10 information or a document under section 20N(1) and the 11 applicant has not given the chief executive the 12 information or document within the period mentioned in 13 section 20N(2)(a); or 14 (b) the chief executive considers that approving the draft 15 plan or accrediting the existing planning document is 16 not in the interests of the State, having regard to the 17 public interest. 18 `(2) If the chief executive decides to refuse to approve a draft plan 19 or accredit an existing planning document, the chief executive 20 must give the applicant an information notice about the 21 decision. 22 `Subdivision 3 Keeping plans 23 `20V Register of area management plans 24 `(1) The chief executive must-- 25 (a) give each area management plan a unique identifying 26 number (the identifying number); and 27 (b) keep a register of area management plans. 28 `(2) The register must include, for each area management plan-- 29 (a) the type of the plan; and 30 Page 54

 


 

Natural Resources and Other Legislation Amendment Bill (No. 2) 2010 Part 12 Amendment of Vegetation Management Act 1999 [s 47] (b) the identifying number for the plan; and 1 (c) the name of the applicant for approval of the draft plan 2 or accreditation of the existing planning document to 3 which the area management plan relates; and 4 (d) the location and extent of the plan area; and 5 (e) a record of any amendments of the plan under 6 subdivision 6. 7 `(3) The chief executive may also keep in the register other 8 information about an area management plan the chief 9 executive considers appropriate. 10 `(4) A person's name under subsection (2)(c) must not be 11 contained in the publicly available part of the register. 12 `(5) The chief executive must publish the register, other than a 13 person's name under subsection (2)(c), on the department's 14 website. 15 `Subdivision 4 Notifying clearing under plans 16 `20W Requirement to give clearing notification 17 `(1) This section applies to an owner of land if-- 18 (a) there is an area management plan in force for the area in 19 which the land is situated; and 20 (b) the owner proposes to clear vegetation on the land under 21 the plan. 22 `(2) The owner must give the chief executive a notice in the 23 approved form (an area management clearing notification) 24 stating-- 25 (a) the identifying number for the area management plan; 26 and 27 (b) the real property description of the land; and 28 (c) the location and extent of the area proposed to be 29 cleared (the clearing area); and 30 Page 55

 


 

Natural Resources and Other Legislation Amendment Bill (No. 2) 2010 Part 12 Amendment of Vegetation Management Act 1999 [s 47] (d) the purpose of clearing the vegetation. 1 `20X Offence to clear vegetation under plan without 2 clearing notification 3 `(1) This section applies to clearing vegetation on land in an area 4 for which an area management plan is in force. 5 `(2) The owner of the land must not clear the vegetation or allow 6 the vegetation to be cleared under the area management plan 7 unless the owner has given the chief executive an area 8 management clearing notification for the clearing. 9 Maximum penalty--50 penalty units. 10 `20Y Register of area management clearing notifications 11 `(1) The chief executive must keep a register of area management 12 clearing notifications. 13 `(2) The register must include, for each area management clearing 14 notification-- 15 (a) the type of the area management plan to which the 16 notification relates; and 17 (b) the identifying number for the plan; and 18 (c) the name of the person who gave the notification; and 19 (d) the real property description of the land the subject of 20 the notification; and 21 (e) the location and extent of the clearing area; and 22 (f) the purpose of clearing the vegetation to which the 23 notification relates; and 24 (g) the day the chief executive received the notification. 25 `(3) The chief executive may also keep in the register other 26 information about an area management clearing notification. 27 `(4) A person's name under subsection (2)(c) must not be 28 contained in the publicly available part of the register. 29 Page 56

 


 

Natural Resources and Other Legislation Amendment Bill (No. 2) 2010 Part 12 Amendment of Vegetation Management Act 1999 [s 47] `(5) The chief executive must publish the register, other than a 1 person's name under subsection (2)(c), on the department's 2 website. 3 `Subdivision 5 Duration of plans 4 `20Z When area management plan ends 5 `(1) An area management plan consisting of an approved draft 6 plan remains in force until the end of the plan period for the 7 plan. 8 `(2) An area management plan consisting of an accredited existing 9 planning document remains in force until the first of the 10 following happens-- 11 (a) the end of 10 years after the accreditation; 12 (b) the existing planning document stops being in force. 13 `Subdivision 6 Amending plans 14 `20ZA Definition for sdiv 6 15 `In this subdivision-- 16 applicant means-- 17 (a) for an area management plan consisting of an approved 18 draft plan--the person who applied for the approval; or 19 (b) for an area management plan consisting of an accredited 20 existing planning document--the person who applied 21 for the accreditation. 22 `20ZB Amendment by chief executive 23 `(1) The chief executive may amend an area management plan if-- 24 Page 57

 


 

Natural Resources and Other Legislation Amendment Bill (No. 2) 2010 Part 12 Amendment of Vegetation Management Act 1999 [s 47] (a) the amendment is only to correct a minor error in the 1 plan, or make another change that is not a change of 2 substance; or 3 (b) the chief executive considers it is necessary or 4 appropriate to amend the plan because the plan-- 5 (i) has become inconsistent with the State policy or 6 the regional vegetation management code for the 7 plan area; or 8 (ii) will become inconsistent with the State policy or 9 relevant regional vegetation management code if it 10 is not amended; or 11 Examples-- 12 1 An area management plan becomes inconsistent with the 13 relevant regional vegetation management code because of a 14 change to the code. 15 2 An area management plan consisting of an accredited 16 existing planning document becomes inconsistent with the 17 relevant regional vegetation management code because of 18 an amendment of the document. 19 (c) for an area management plan consisting of an accredited 20 existing planning document-- 21 (i) the document has been, or is expected to be, 22 amended; and 23 (ii) the chief executive considers that, because of the 24 amendment, the document no longer satisfies or 25 will no longer satisfy a criterion under section 26 20P(b) to (d). 27 `(2) However, the amendment of an area management plan 28 consisting of an accredited existing planning document may 29 relate only to a criterion under section 20P(b) to (e) for 30 vegetation management or clearing vegetation under the plan. 31 `(3) If the chief executive amends an area management plan under 32 subsection (1), the chief executive must ensure the 33 amendment is clearly shown on-- 34 Page 58

 


 

Natural Resources and Other Legislation Amendment Bill (No. 2) 2010 Part 12 Amendment of Vegetation Management Act 1999 [s 47] (a) for an area management plan consisting of an approved 1 draft plan--the area management plan; or 2 (b) for an area management plan consisting of an accredited 3 existing planning document--the accreditation notice 4 for the plan. 5 `(4) If the chief executive amends an area management plan under 6 subsection (1)(a), the chief executive must give the applicant 7 written notice of the amendment. 8 `(5) If the chief executive decides to amend an area management 9 plan under subsection (1)(b) or (c), the chief executive must 10 give the applicant-- 11 (a) a copy of the amended area management plan or 12 amended accreditation notice; and 13 (b) an information notice about the decision. 14 `20ZC Amendment application for particular plans 15 `(1) This section applies to an area management plan consisting of 16 an approved draft plan if a change in circumstances 17 significantly affects, or could significantly affect, the 18 operation of the plan. 19 Example-- 20 The applicant for an area management plan wants to use a new and 21 improved method for clearing vegetation that has become available 22 since the plan was approved but is not provided for, or allowed, under 23 the plan. 24 `(2) The applicant may apply to the chief executive to approve an 25 amendment of the area management plan. 26 `(3) However, the applicant can not apply for an approval of an 27 amendment of-- 28 (a) the plan period for the plan; or 29 (b) a mandatory condition. 30 `(4) The application (the amendment application) must be 31 accompanied by-- 32 Page 59

 


 

Natural Resources and Other Legislation Amendment Bill (No. 2) 2010 Part 12 Amendment of Vegetation Management Act 1999 [s 48] (a) a draft amended management plan (the draft amended 1 plan) that clearly shows the amendment; and 2 (b) the fee prescribed under a regulation. 3 `(5) However, the chief executive may waive the fee if the chief 4 executive considers the waiver is in the interest of the State. 5 `(6) Sections 20M(2), 20N, 20O(1) and (2), 20P, 20Q, 20R, 6 20S(1)(c)(i), (2) and (3) and 20U (the applied provisions) 7 apply to the amendment application and draft amended plan 8 as if-- 9 (a) a reference in the applied provisions to the application 10 were a reference to the amendment application; and 11 (b) a reference in the applied provisions to the applicant 12 were a reference to the applicant for the amendment 13 application; and 14 (c) a reference in the applied provisions to the draft plan 15 were a reference to the draft amended plan. 16 `(7) However, the chief executive may approve the amendment of 17 the area management plan only if-- 18 (a) subject to paragraph (c), the chief executive considers 19 the draft amended plan is consistent with the 20 management intent and management outcomes stated in 21 the area management plan (the original plan) to which 22 the amendment application relates; and 23 (b) the draft amended plan does not remove or further 24 restrict a condition on clearing vegetation stated in the 25 original plan; and 26 (c) for a draft amended plan that amends the original plan 27 by enlarging the plan area, the enlargement is no more 28 than 10% of the plan area.'. 29 Clause 48 Amendment of s 30 (Power to enter places) 30 Section 30(1)-- 31 insert-- 32 Page 60

 


 

Natural Resources and Other Legislation Amendment Bill (No. 2) 2010 Part 12 Amendment of Vegetation Management Act 1999 [s 49] `(h) a person proposing to clear vegetation at the place under 1 an area management plan has given the chief executive 2 an area management clearing notification for the place.'. 3 Clause 49 Amendment of s 63A (Review decision) 4 Section 63A-- 5 insert-- 6 `(3) However, subsection (2) does not apply if the review decision 7 relates to an original decision under-- 8 (a) section 20O(1)(b) or (2)(b) or (c), 20R(2) or the 9 provisions as applied under section 20ZC(6); or 10 (b) section 20O(3)(b), 20S(1)(a) or 20ZB(1)(b) or (c).'. 11 Clause 50 Amendment of s 63B (Who may apply for external review) 12 Section 63B-- 13 insert-- 14 `(2) However, subsection (1) does not apply if the review decision 15 relates to an original decision mentioned in section 63A(3).'. 16 Clause 51 Amendment of s 70AB (Copies of documents to be 17 available for inspection and purchase) 18 Section 70AB(1)-- 19 insert-- 20 `(h) an area management plan that does not show the name 21 of a person under section 20V(2)(c).'. 22 Clause 52 Amendment of schedule (Dictionary) 23 (1) Schedule, definitions clearing area, owner and protected 24 wildlife-- 25 omit. 26 (2) Schedule-- 27 Page 61

 


 

Natural Resources and Other Legislation Amendment Bill (No. 2) 2010 Part 12 Amendment of Vegetation Management Act 1999 [s 52] insert-- 1 `accreditation notice, for an area management plan, see 2 section 20T(1)(a). 3 accredited existing planning document, for part 2, division 4 5B, see section 20I. 5 applicant, for part 2, division 5B, subdivision 6, see section 6 20ZA. 7 approved draft plan, for part 2, division 5B, see section 20I. 8 area management clearing notification see section 20W(2). 9 area management plan, for part 2, division 5B, see section 10 20J. 11 clearing area-- 12 (a) for part 2, divisions 4B and 4C, see section 19U(1); or 13 (b) for part 2, division 5B, see section 20W(2)(c). 14 draft plan, for part 2, division 5B, subdivision 2, see section 15 20M(3)(a)(i). 16 existing planning document, for part 2, division 5B, see 17 section 20K. 18 identifying number, for an area management plan, see section 19 20V(1)(a). 20 mandatory condition, of an area management plan, see 21 section 20Q(1). 22 owner, of land-- 23 (a) includes, generally-- 24 (i) for freehold land--the registered owner; or 25 (ii) for a lease, license or permit under the Land Act 26 1994--the lessee, licensee or permittee; or 27 (iii) for indigenous land--the holder of title to the land; 28 or 29 (iv) for any tenure under any other Act--the holder of 30 the tenure; and 31 Page 62

 


 

Natural Resources and Other Legislation Amendment Bill (No. 2) 2010 Part 13 Amendment of Water Act 2000 [s 53] (b) for part 2, division 5B--see section 20I. 1 plan area, for part 2, division 5B, see section 20I. 2 plan period, for an area management plan that consists of an 3 approved draft plan, see section 20S(1)(a). 4 proposed area, for part 2, division 5B, see section 20I. 5 protected wildlife see section 11(2)(a). 6 restricted (fodder harvesting) land, for part 2, division 5B, 7 see section 20I.'. 8 Part 13 Amendment of Water Act 2000 9 Clause 53 Act amended 10 This part amends the Water Act 2000. 11 Clause 54 Insertion of new ch 8, pt 3C 12 Chapter 8-- 13 insert-- 14 `Part 3C Authorities under particular 15 special agreement Acts 16 `992G Definitions for pt 3C 17 `In this part-- 18 environmental impact statement means an environmental 19 impact statement prepared or finalised under-- 20 (a) the Environmental Protection Act 1994; or 21 (b) the Environment Protection and Biodiversity 22 Conservation Act 1999 (Cwlth); or 23 Page 63

 


 

Natural Resources and Other Legislation Amendment Bill (No. 2) 2010 Part 13 Amendment of Water Act 2000 [s 54] (c) the State Development and Public Works Organisation 1 Act 1971. 2 relevant company, for a special agreement Act, means the 3 entity that is authorised to obtain water under the agreement 4 under the special agreement Act. 5 special agreement Act means each of the following Acts-- 6 (a) Alcan Queensland Pty. Limited Agreement Act 1965; 7 (b) Commonwealth Aluminium Corporation Pty. Limited 8 Agreement Act 1957. 9 specified conditions, for a special agreement Act, means-- 10 (a) for the Alcan Queensland Pty. Limited Agreement Act 11 1965--the conditions stated in section 29A(2) of the 12 agreement under that Act; or 13 (b) for the Commonwealth Aluminium Corporation Pty. 14 Limited Agreement Act 1957--the conditions stated in 15 section 32A(2) of the agreement under that Act. 16 threshold limit see the Wild Rivers Act 2005, schedule. 17 Wenlock Basin wild river area means the wild river area 18 under the Wenlock Basin Wild River Declaration. 19 Wenlock Basin Wild River Declaration means the wild river 20 declaration called `Wenlock Basin Wild River Declaration 21 2010' and approved by the Governor in Council on 3 June 22 2010. 23 `992H Application of pt 3C 24 `(1) This part applies to each relevant company for a special 25 agreement Act to the extent the entity is authorised under the 26 special agreement Act to take or interfere with water, other 27 than artesian water or subartesian water connected to artesian 28 water, in the Wenlock Basin wild river area. 29 `(2) This part does not affect a relevant company's right or 30 authority under a special agreement Act to take or interfere 31 with-- 32 Page 64

 


 

Natural Resources and Other Legislation Amendment Bill (No. 2) 2010 Part 13 Amendment of Water Act 2000 [s 54] (a) water that is not in the Wenlock Basin wild river area; or 1 (b) artesian water or subartesian water connected to artesian 2 water in the Wenlock Basin wild river area. 3 `992I Continuation of authority and grant of water licence 4 to replace authority 5 `(1) The authority to take or interfere with the water continues 6 under the special agreement Act until a water licence is 7 granted under this section to replace the authority. 8 `(2) However, the relevant company may take or interfere with the 9 water after the commencement of this section only under a 10 water licence granted under this section to replace all or a part 11 of the authority. 12 `(3) The relevant company may give the chief executive a notice 13 stating the company proposes to-- 14 (a) take or interfere with the water in relation to all or a part 15 of the authority; and 16 (b) obtain a water licence under this section to replace all or 17 the part of the authority. 18 `(4) Subsections (1) and (2) apply despite section 1037A(3) and 19 (4) and anything to the contrary in the special agreement Act. 20 `(5) If a relevant company gives the chief executive a notice under 21 subsection (3), the chief executive must, within 30 business 22 days after receiving the notice, grant the company a water 23 licence to replace all or the part of the authority to which the 24 notice relates. 25 `(6) The water licence may be granted-- 26 (a) with or without conditions; and 27 (b) without the need for an application under section 206. 28 `(7) A condition of the water licence must not be inconsistent 29 with-- 30 (a) the specified conditions for the special agreement Act; 31 or 32 Page 65

 


 

Natural Resources and Other Legislation Amendment Bill (No. 2) 2010 Part 13 Amendment of Water Act 2000 [s 54] (b) information about the threshold limit mentioned in the 1 Wenlock Basin Wild River Declaration, section 11, to 2 the extent the information is not inconsistent with the 3 specified conditions mentioned in paragraph (a); or 4 (c) an environmental impact statement, or any report or 5 study prepared in support of the environmental impact 6 statement, that deals with the taking or interfering with 7 water in the Wenlock Basin wild river area, to the extent 8 the environmental impact statement, report or study is 9 not inconsistent with-- 10 (i) the specified conditions mentioned in paragraph 11 (a); or 12 (ii) the information mentioned in paragraph (b). 13 `(8) If the chief executive grants a water licence under this section, 14 the chief executive must, within 30 business days, give the 15 relevant company-- 16 (a) the water licence in the approved form; and 17 (b) an information notice about the grant. 18 `(9) A water licence granted under this section is taken to be a 19 water licence for this Act. 20 `992J Amendment of water licence that replaces authority 21 `(1) The chief executive may, under section 217 or 218, amend a 22 water licence granted under section 992I. 23 `(2) However, the conditions of the amended water licence must 24 not be inconsistent with-- 25 (a) the specified conditions for the special agreement Act to 26 which it relates; or 27 (b) information about the threshold limit mentioned in the 28 Wenlock Basin Wild River Declaration, section 11, to 29 the extent the information is not inconsistent with the 30 specified conditions mentioned in paragraph (a); or 31 Page 66

 


 

Natural Resources and Other Legislation Amendment Bill (No. 2) 2010 Part 13 Amendment of Water Act 2000 [s 55] (c) an environmental impact statement, or any report or 1 study prepared in support of the environmental impact 2 statement, that deals with the taking or interfering with 3 water in the Wenlock Basin wild river area, to the extent 4 the environmental impact statement, report or study is 5 not inconsistent with-- 6 (i) the specified conditions mentioned in paragraph 7 (a); or 8 (ii) the information mentioned in paragraph (b). 9 `(3) Subsection (2) applies despite section 217. 10 `(4) A relevant company may, by notice given to the chief 11 executive, propose an amendment to its water licence granted 12 under section 992I. 13 `(5) The notice mentioned in subsection (4) must state the 14 proposed amendment. 15 `(6) If the chief executive is satisfied the proposed amended 16 licence would not be inconsistent with a matter mentioned in 17 subsection (2), the chief executive must, within 30 business 18 days after receiving the notice -- 19 (a) amend the licence; and 20 (b) give the licensee-- 21 (i) an amended licence in the approved form; and 22 (ii) an information notice about the amendment. 23 `(7) The chief executive may amend the water licence under 24 subsection (6) without the need for an application under 25 section 216.'. 26 Clause 55 Amendment of sch 4 (Dictionary) 27 Schedule 4-- 28 insert-- 29 `environmental impact statement, for chapter 8, part 3C, see 30 section 992G. 31 Page 67

 


 

Natural Resources and Other Legislation Amendment Bill (No. 2) 2010 Part 13 Amendment of Water Act 2000 [s 55] relevant company, for chapter 8, part 3C, see section 992G. 1 special agreement Act, for chapter 8, part 3C, see section 2 992G. 3 specified conditions, for chapter 8, part 3C, see section 992G. 4 threshold limit, for chapter 8, part 3C, see section 992G. 5 Wenlock Basin wild river area, for chapter 8, part 3C, see 6 section 992G. 7 Wenlock Basin Wild River Declaration, for chapter 8, part 8 3C, see section 992G.'. 9 State of Queensland 2010 Page 68

 


 

AMENDMENTS TO BILL

Natural Resources and Other Legislation Amendment Bill (No. 2) 2010 Natural Resources and Other Legislation Amendment Bill (No. 2) 2010 Amendments agreed to during Consideration 1 Clause 14 (Insertion of new schs 2 and 3) Page 20, lines 24 to 26-- omit. 2 Clause 14 (Insertion of new schs 2 and 3) Page 20, line 28, `4.'-- omit, insert-- `3.'. 3 Clause 14 (Insertion of new schs 2 and 3) Page 21, line 34, `5.'-- omit, insert-- `4.'. 4 Clause 16 (Insertion of new s 312W) Page 23, lines 21 to 23-- omit, insert-- `purpose of stimulation, including fracturing, that contain the following chemicals in more than the maximum amount prescribed under a regulation-- (a) petroleum hydrocarbons containing benzene, ethylbenzene, toluene, or xylene;'. Page 1

 


 

Natural Resources and Other Legislation Amendment Bill (No. 2) 2010 5 Clause 17 (Amendment of s 320 (Duty to notify environmental harm)) Page 24, lines 1 to 31-- omit, insert-- `17 Insertion of new ch 7, pt 1, div 1, hdg Chapter 7, part 1, before section 319-- insert-- `Division 1 Duty to prevent and minimise environmental harm'. `18 Replacement of s 320 (Duty to notify environmental harm) Section 320-- omit, insert-- `Division 2 Duty to notify of environmental harm `Subdivision 1 Preliminary `320 Definitions for div 2 `In this division-- affected land means land on which an event has caused or threatens serious or material environmental harm. employer see section 320B(1). occupier, of affected land, means a person who lives or works on the affected land. primary activity see section 320A(1). public notice means a notice given in the way, and under the circumstances, prescribed under a regulation. Example-- a radio or television broadcast registered owner, of affected land, means-- Page 2

 


 

Natural Resources and Other Legislation Amendment Bill (No. 2) 2010 (a) the registered owner of the land under the Land Title Act 1994; or (a) the lessee of the land under the Land Act 1994. `320A Application of div 2 `(1) This division applies if a person-- (a) while carrying out an activity (the primary activity), becomes aware that an event has happened that causes or threatens serious or material environmental harm because of the person's or someone else's act or omission in carrying out the primary activity or another activity being carried out in association with the primary activity; or (b) while carrying out a chapter 5A activity (also the primary activity), becomes aware of the happening of 1 or both of the following events-- (i) the activity has negatively affected, or is reasonably likely to negatively affect, the water quality of an aquifer; (ii) the activity has caused the connection of 2 or more aquifers. `(2) However, this division does not apply if the event is authorised to be caused under-- (a) an environmental protection policy; or (b) a transitional environmental program; or (c) an environmental protection order; or (d) an environmental authority; or (e) a development condition of a development approval; or (f) a standard environmental condition of a code of environmental compliance for a chapter 4 activity; or (g) an emergency direction; or (h) an accredited ERMP. Page 3

 


 

Natural Resources and Other Legislation Amendment Bill (No. 2) 2010 `Subdivision 2 Duty of person carrying out an activity `320B Duty of employee to notify employer `(1) This section applies if the person is carrying out the primary activity during the person's employment or engagement by, or as the agent of, someone else (the employer). `(2) The person must, no later than 24 hours after becoming aware of the event and unless the person has a reasonable excuse-- (a) notify the employer of the event, its nature and the circumstances in which it happened; or (b) if the employer can not be contacted--give the administering authority written notice of the event, its nature and the circumstances in which it happened. Maximum penalty--100 penalty units. `320C Duty of other persons to notify particular owners and occupiers `(1) This section applies if the person is not carrying out the primary activity during the person's employment or engagement by, or as the agent of, someone else. `(2) The person must, no later than 24 hours after becoming aware of the event and unless the person has a reasonable excuse, give the administering authority written notice of the event, its nature and the circumstances in which it happened. Maximum penalty-- (a) for an event mentioned in section 320A(1)(a)--500 penalty units; and (b) for an event mentioned in section 320A(1)(b)--100 penalty units. `(3) The person must, as soon as reasonably practicable after becoming aware of the event and unless the person has a reasonable excuse, give-- Page 4

 


 

Natural Resources and Other Legislation Amendment Bill (No. 2) 2010 (a) written notice of the event, its nature and the circumstances in which it happened to any combination of the following for the affected land-- (i) any occupier of the affected land; (ii) any registered owner of the affected land; or (b) public notice of the event, its nature and the circumstances in which it happened to persons on the affected land. Maximum penalty-- (a) for an event mentioned in section 320A(1)(a)--500 penalty units; and (b) for an event mentioned in section 320A(1)(b)--100 penalty units. `Subdivision 3 Duty of employer `320D Duty of employer to notify particular owners and occupiers `(1) This section applies if the employer has been notified under section 320B(2) of the event. `(2) The employer must, no later than 24 hours after becoming aware of the event and unless the employer has a reasonable excuse, give the administering authority written notice of the event, its nature and the circumstances in which it happened. Maximum penalty-- (a) for an event mentioned in section 320A(1)(a)--500 penalty units; and (b) for an event mentioned in section 320A(1)(b)--100 penalty units. `(3) The employer must, as soon as reasonably practicable after becoming aware of the event and unless the person has a reasonable excuse, give-- Page 5

 


 

Natural Resources and Other Legislation Amendment Bill (No. 2) 2010 (a) written notice of the event, its nature and the circumstances in which it happened to any combination of the following for the affected land-- (i) any occupier of the affected land; (ii) any registered owner of the affected land; or (b) public notice of the event, its nature and the circumstances in which it happened to persons at the affected land. Maximum penalty-- (a) for an event mentioned in section 320A(1)(a)--500 penalty units; and (b) for an event mentioned in section 320A(1)(b)--100 penalty units. `Subdivision 4 Miscellaneous `320E Notice to occupiers of affected land `(1) Without limiting the ways in which a person or employer may give written notice to an occupier of affected land under this division, a person or employer is taken to have given written notice under this division to an occupier of affected land if the notice is-- (a) left with someone who is apparently an adult living or working on the affected land; or (b) if there is no-one on the affected land or the person has been denied access to the affected land--left on the affected land in a position where it is reasonably likely to come to the occupier's attention; or (c) posted to the affected land. `(2) Written notice that is posted to, or left at, affected land may be addressed to `The Occupier'. Page 6

 


 

Natural Resources and Other Legislation Amendment Bill (No. 2) 2010 `320F Defences and excuses for div 2 `(1) In a proceeding for an offence against a provision of this division, it is a defence for a person or employer to prove that, despite failing to comply with the provision, the person or employer made reasonable efforts to identify the affected land and give written notice to each registered owner or occupier of the affected land. `(2) It is not a reasonable excuse for a person or employer to fail to comply with an obligation under this division on the ground that the written notice, or the giving of the written notice, might tend to incriminate the person or employer. `320G Use of notice in legal proceedings `(1) A written notice given by a person or employer under this division is not admissible in evidence against the person or employer in a prosecution for an offence against this Act that is constituted by the act or omission that caused the event under the notice. `(2) This section does not prevent other evidence obtained because of the written notice, or the giving of the written notice, being admitted in any legal proceeding against the person or employer.'.'. 6 Clause 18 (Insertion of new s 320A) Page 25, lines 1 to 30 and page 26, lines 1 to 11-- omit. 7 Clause 25 (Amendment of s 464 (Insertion of new pt 19, div 13, sdiv 2)) Page 28, line 7, `after'-- omit. Page 7

 


 

Natural Resources and Other Legislation Amendment Bill (No. 2) 2010 8 Clause 25 (Amendment of s 464 (Insertion of new pt 19, div 13, sdiv 2)) Page 28, line 27, `omit,'-- omit. State of Queensland 2010

 


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