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NORTH STRADBROKE ISLAND PROTECTION AND SUSTAINABILITY BILL 2011

           Queensland



North Stradbroke Island
Protection and Sustainability
Bill 2011

 


 

 

Queensland North Stradbroke Island Protection and Sustainability Bill 2011 Contents Page Part 1 Preliminary Division 1 Introduction and object of Act 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 2 Object of Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 3 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Division 2 Interpretation 4 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 5 Meaning of North Stradbroke Island Region . . . . . . . . . . . . . . . . 7 Part 2 Dealing with mining interests in the North Stradbroke Island Region Division 1 General provision 6 No compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Division 2 Provisions about mining interests 7 Application of pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 8 Termination of particular NSI mining interests . . . . . . . . . . . . . . . 8 9 Termination of mining lease 1109. . . . . . . . . . . . . . . . . . . . . . . . . 8 10 Particular NSI mining interests not to be renewed . . . . . . . . . . . . 9 11 Renewal of particular NSI mining leases . . . . . . . . . . . . . . . . . . . 9 12 Variation of conditions for particular NSI mining leases . . . . . . . . 10 13 Dealing with applications for grant of NSI mining interest . . . . . . 11 14 Prohibition on grant of NSI mining interest . . . . . . . . . . . . . . . . . . 12 Division 3 Provisions about particular environmental authority 15 Purpose of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 16 Definitions for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 17 Statutory conditions of the environmental authority for Enterprise Mine ................................. 13

 


 

North Stradbroke Island Protection and Sustainability Bill 2011 Contents 18 Application by Enterprise Mine lease holder to amend restricted mine path . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 19 Minister to decide application . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 20 Steps after making decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 21 Applications to amend restricted mine path of Enterprise Mine lease under the Environmental Protection Act . . . . . . . . . . . . . . . 15 Part 3 Miscellaneous 22 Opening and closing of road on DP104026 . . . . . . . . . . . . . . . . . 16 Part 4 Amendment of Acts Division 1 Amendment of Aboriginal Land Act 1991 23 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 24 Amendment of s 12 (Lands that are transferable lands) . . . . . . . 16 25 Amendment of pt 5B, hdg. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 26 Amendment of s 83F (Entering into indigenous management agreement) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 27 Amendment of s 83G (Requirements for indigenous management agreement) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 28 Insertion of new pt 5B, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Division 3 Protected areas in North Stradbroke Island Region 83KA Requirement about grant of prescribed protected areas in North Stradbroke Island Region . . . . . . . . . . 18 29 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 19 Division 2 Amendment of Nature Conservation Act 1992 30 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 31 Amendment of s 15 (Management of protected areas) . . . . . . . . 20 32 Amendment of s 16 (Management principles of national parks (scientific)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 33 Amendment of s 17 (Management principles of national parks) . 20 34 Amendment of s 19A (Management principles of national parks (recovery)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 35 Amendment of s 20 (Management principles of conservation parks) ......................................... 21 36 Amendment of s 21 (Management principles of resources reserves) ...................................... 21 37 Amendment of s 32 (Revocation of protected areas) . . . . . . . . . . 21 38 Amendment of s 33 (Amalgamation etc. of protected areas) . . . . 22 39 Amendment of s 34 (Leases etc. over protected areas). . . . . . . . 22 Page 2

 


 

North Stradbroke Island Protection and Sustainability Bill 2011 Contents 40 Amendment of s 35 (Chief executive's powers about permitted uses in national parks or national parks (recovery)). . . . . . . . . . . 22 41 Amendment of s 36 (Authorities for new national park or national park (recovery)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 42 Amendment of pt 4, div 3, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 43 Amendment of s 40 (Dedication of national park as national park (Aboriginal land) or national park (Torres Strait Islander land)) ......................................... 23 44 Insertion of new pt 4, div 3, sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . 23 Subdivision 3 Indigenous joint management areas 42AG Purpose of sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 42AH Declaration of a prescribed protected area as indigenous joint management area . . . . . . . . . . . . . . 24 42AI Declaration of Aboriginal land as indigenous joint management area . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 42AJ Declaration of other land as an indigenous joint management area . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 42AK Revocation of dedication of protected area or declaration of indigenous joint management areas . . 26 42AL Amalgamation etc. of protected areas that are indigenous joint management areas . . . . . . . . . . . . . 26 42AM Effect of revocation of prescribed protected area on indigenous joint management area . . . . . . . . . . . . . . 27 42AN Leases etc. over land in indigenous joint management area ...................... 28 42AO Particular powers about permitted uses on land in particular indigenous joint management areas . . . . . 29 42AP Authorities for new national park or national park (recovery) that is an indigenous joint management area ................................. 29 45 Amendment of s 111 (Management plans) . . . . . . . . . . . . . . . . . 31 46 Amendment of s 120 (Implementation of approved plan). . . . . . . 31 47 Amendment of sch (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Division 3 Amendment of Sustainable Planning Act 2009 48 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 49 Amendment of sch 1 (Prohibited development) . . . . . . . . . . . . . . 32 50 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 33 Schedule 1 Conditions of renewal for particular mining leases . . . . . . . . 34 Schedule 2 Variation of conditions of particular mining leases . . . . . . . . 35 Schedule 3 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 Page 3

 


 

 

2011 A Bill for An Act to provide for the ending of mining in the North Stradbroke Island Region, and to amend particular other Acts to provide for indigenous joint management of particular land in the region

 


 

North Stradbroke Island Protection and Sustainability Bill 2011 Part 1 Preliminary [s 1] The Parliament of Queensland enacts-- 1 Part 1 Preliminary 2 Division 1 Introduction and object of Act 3 1 Short title 4 This Act may be cited as the North Stradbroke Island 5 Protection and Sustainability Act 2011. 6 2 Object of Act 7 The object of this Act is to substantially end mining interests 8 over land in the North Stradbroke Island Region by the end of 9 2019, and end mining in the region in 2025-- 10 (a) to protect and restore environmental values of the 11 region; and 12 (b) to facilitate, under other Acts, the staged creation of 13 areas to be jointly managed by the State and the 14 traditional owners of the region. 15 3 Act binds all persons 16 This Act binds all persons including the State and, to the 17 extent the legislative power of the Parliament permits, the 18 Commonwealth and the other States. 19 Page 6

 


 

North Stradbroke Island Protection and Sustainability Bill 2011 Part 2 Dealing with mining interests in the North Stradbroke Island Region [s 4] Division 2 Interpretation 1 4 Dictionary 2 The dictionary in schedule 3 defines particular words used in 3 this Act. 4 5 Meaning of North Stradbroke Island Region 5 (1) The North Stradbroke Island Region is the part of the State 6 shown as `Area A' and `Area B' on the map titled `NSI 1' 7 approved by the chief executive on 18 March 2011 and held 8 by the department. 9 Editor's note-- 10 The map titled `NSI 1' may be viewed on the department's website at 11 . 12 (2) The exact location of the boundary of the North Stradbroke 13 Island Region is held in digital electronic form by the 14 department. 15 (3) The information held in digital electronic form can be reduced 16 or enlarged to show the details of the boundary. 17 Part 2 Dealing with mining interests in 18 the North Stradbroke Island 19 Region 20 Division 1 General provision 21 6 No compensation 22 No amount, whether as compensation, reimbursement or 23 otherwise, is payable by the State to any person for or in 24 connection with the enactment or operation of this part. 25 Page 7

 


 

North Stradbroke Island Protection and Sustainability Bill 2011 Part 2 Dealing with mining interests in the North Stradbroke Island Region [s 7] Division 2 Provisions about mining interests 1 7 Application of pt 2 2 This part applies-- 3 (a) in relation to an NSI mining interest, including the 4 granting of an NSI mining interest; and 5 (b) despite the Mineral Resources Act or any other Act or 6 law. 7 8 Termination of particular NSI mining interests 8 (1) This section applies to an NSI mining interest if, under the 9 Mineral Resources Act, the term of the mining interest would, 10 apart from this section, and unless ended sooner for any 11 reason, end after 31 December 2019. 12 (2) This section does not apply to the following mining leases-- 13 (a) 1105; 14 (b) 1108; 15 (c) 1109; 16 (d) 1124; 17 (e) 7064. 18 (3) The term of the NSI mining interest, unless ended sooner for 19 any reason, ends at the end of 31 December 2019, and the 20 mining interest can not at any time be renewed. 21 (4) The holder of the NSI mining interest may not at any time 22 apply for a renewal of the mining interest under the Mineral 23 Resources Act after the commencement. 24 9 Termination of mining lease 1109 25 (1) The term of mining lease 1109, unless ended sooner for any 26 reason, ends at the end of 31 December 2015, and the lease 27 can not at any time be renewed. 28 Page 8

 


 

North Stradbroke Island Protection and Sustainability Bill 2011 Part 2 Dealing with mining interests in the North Stradbroke Island Region [s 10] (2) The holder of mining lease 1109 may not at any time apply for 1 a renewal of the mining lease under the Mineral Resources 2 Act after the commencement. 3 10 Particular NSI mining interests not to be renewed 4 (1) An application for renewal of a relevant NSI mining interest 5 made under the Mineral Resources Act but not decided before 6 the commencement-- 7 (a) can not be further dealt with under that Act; and 8 (b) is taken to have been withdrawn by the applicant on the 9 commencement. 10 (2) The holder of a relevant NSI mining interest may not apply for 11 a renewal of the mining interest under the Mineral Resources 12 Act after the commencement. 13 (3) A renewal of a relevant NSI mining interest can not be granted 14 under the Mineral Resources Act. 15 (4) In this section-- 16 holder, of a relevant NSI mining interest, means the holder of 17 the mining interest under the Mineral Resources Act. 18 relevant NSI mining interest means an NSI mining interest in 19 force on the commencement other than the following-- 20 (a) an NSI mining interest mentioned in schedule 1, column 21 1; 22 (b) an NSI mining interest mentioned in schedule 2, column 23 1; 24 (b) a mining interest to which section 8 or 9 applies. 25 11 Renewal of particular NSI mining leases 26 (1) On the commencement, each mining lease mentioned in 27 schedule 1, column 1 is taken to have been renewed under the 28 Mineral Resources Act. 29 (2) The mining lease is renewed-- 30 Page 9

 


 

North Stradbroke Island Protection and Sustainability Bill 2011 Part 2 Dealing with mining interests in the North Stradbroke Island Region [s 12] (a) for the term stated opposite the mining lease in schedule 1 1, column 2; and 2 (b) subject to-- 3 (i) each condition stated opposite the mining lease in 4 schedule 1, column 3; and 5 (ii) any condition to which the mining lease was 6 subject immediately before the renewal. 7 (3) The renewals have effect as if they were granted by the 8 Governor in Council under the Mineral Resources Act. 9 (4) If there is an inconsistency between a condition mentioned in 10 subsection (2)(b)(i) and a condition mentioned in subsection 11 (2)(b)(ii), the condition mentioned in subsection (2)(b)(i) 12 prevails to the extent of the inconsistency. 13 (5) A mining lease mentioned in schedule 1, column 1 can not at 14 any time be renewed after the end of the term stated opposite 15 the mining lease in schedule 1, column 2. 16 (6) The holder of a mining lease mentioned in schedule 1, column 17 1 may not at any time apply for a renewal of the mining lease 18 under the Mineral Resources Act after the commencement. 19 (7) This section does not limit the application of any provisions of 20 the Mineral Resources Act to the renewed mining lease 21 including, for example, provisions about cancelling a mining 22 lease or reducing its area. 23 (8) The renewal of each lease does not create any rights in 24 addition to the rights created in the initial granting of the 25 relevant lease. 26 12 Variation of conditions for particular NSI mining leases 27 (1) On the commencement, the conditions of each mining lease 28 mentioned in schedule 2, column 1 are varied as follows-- 29 (a) the term of the mining lease is varied to be the term 30 stated opposite the mining lease in schedule 2, column 31 2; 32 Page 10

 


 

North Stradbroke Island Protection and Sustainability Bill 2011 Part 2 Dealing with mining interests in the North Stradbroke Island Region [s 13] (b) from the day the mining lease would have expired apart 1 from this section, the conditions of the mining lease are 2 varied to include each condition stated opposite the 3 mining lease in schedule 2, column 3. 4 (2) The variations of the conditions of the mining leases have 5 effect as if they were made by the Governor in Council under 6 the Mineral Resources Act, section 294. 7 (3) If there is an inconsistency between a condition mentioned in 8 subsection (1)(b) and a condition to which the mining lease 9 was subject immediately before the variation of the term of 10 the mining lease, the condition mentioned in subsection (1)(b) 11 prevails to the extent of the inconsistency. 12 (4) A mining lease mentioned in schedule 2, column 1 can not at 13 any time be renewed after the end of the term stated opposite 14 the mining lease in schedule 2, column 2. 15 (5) The holder of a mining lease mentioned in schedule 2, column 16 1 may not at any time apply for a renewal of the mining lease 17 under the Mineral Resources Act after the commencement. 18 (6) This section does not limit the application of any provisions of 19 the Mineral Resources Act to the mining lease as varied by 20 this section including, for example, provisions about 21 cancelling a mining lease or reducing its area. 22 (7) The variation of the conditions of each lease does not create 23 any rights in addition to the rights created in the initial 24 granting of the relevant lease. 25 13 Dealing with applications for grant of NSI mining interest 26 (1) An application for the grant under the Mineral Resources Act 27 of an NSI mining interest made but not decided before the 28 commencement-- 29 (a) can not be further dealt with under that Act; and 30 (b) is taken to have been withdrawn by the applicant on the 31 commencement. 32 Page 11

 


 

North Stradbroke Island Protection and Sustainability Bill 2011 Part 2 Dealing with mining interests in the North Stradbroke Island Region [s 14] (2) A person can not apply under the Mineral Resources Act, the 1 Petroleum Act 1923 or the Petroleum and Gas (Production 2 and Safety) Act 2004 for a grant of an NSI mining interest 3 after the commencement. 4 14 Prohibition on grant of NSI mining interest 5 An NSI mining interest can not be granted. 6 Division 3 Provisions about particular 7 environmental authority 8 15 Purpose of div 3 9 The purpose of this division is to provide for the amendment 10 of a particular environmental authority for mining activities 11 on North Stradbroke Island. 12 16 Definitions for div 3 13 In this division-- 14 amendment application see the Environmental Protection 15 Act, section 238(1). 16 Enterprise Mine lease means mining lease 1105 or mining 17 lease 1117 under the Mineral Resources Act. 18 restricted mine path, for an Enterprise Mine lease, means the 19 area shown on the map titled `NSI 2' approved by the chief 20 executive on 18 March 2011 and held by the department. 21 Editor's note-- 22 The map titled `NSI 2' may be viewed on the department's website at 23 . 24 Page 12

 


 

North Stradbroke Island Protection and Sustainability Bill 2011 Part 2 Dealing with mining interests in the North Stradbroke Island Region [s 17] 17 Statutory conditions of the environmental authority for 1 Enterprise Mine 2 Environmental authority MIN100971509 is taken to include 3 the following conditions-- 4 (a) mining activities that are the winning of a mineral from 5 the place where it occurs may be conducted only within 6 the restricted mine path for an Enterprise Mine lease; 7 and 8 (b) mining activities that are the winning of a mineral from 9 the place where it occurs within the restricted mine path 10 for an Enterprise Mine lease may only be conducted 11 until the end of 31 December 2019. 12 18 Application by Enterprise Mine lease holder to amend 13 restricted mine path 14 (1) A holder of an Enterprise Mine lease may apply, within 2 15 months after commencement, to the Minister to amend the 16 restricted mine path of an Enterprise Mine lease to add an area 17 of land to the restricted mine path. 18 (2) The application must be-- 19 (a) made in the approved form for an amendment 20 application; and 21 (b) supported by enough information to allow the Minister 22 to decide the application. 23 19 Minister to decide application 24 (1) The Minister must, within the period prescribed under the 25 Environmental Protection Regulation 2008 for an amendment 26 application, decide either to grant or refuse the application. 27 (2) However, the Minister may amend the restricted mine path of 28 an Enterprise Mine lease to add an area of land to the 29 restricted mine path only if-- 30 Page 13

 


 

North Stradbroke Island Protection and Sustainability Bill 2011 Part 2 Dealing with mining interests in the North Stradbroke Island Region [s 20] (a) the area proposed to be added to the mine path (the 1 added area) is not, or does not include, a threatened 2 ecosystem; and 3 (b) the Minister is satisfied that the addition of the added 4 area is reasonably necessary to facilitate mining at the 5 same rate of production, until 31 December 2019, as the 6 average rate for the Enterprise Mine lease over the two 7 years immediately before commencement; and 8 (c) the mine path, after addition of the added area, is 9 consistent with the conditions applying under 10 environmental authority MIN100971509. 11 (3) In this section-- 12 threatened ecosystem means an ecosystem identified in the 13 database known as the `Regional ecosystem description 14 database' kept by the department as one of the following-- 15 (a) an endangered dominant ecosystem; 16 (b) an endangered sub-dominant ecosystem; 17 (c) an of concern dominant ecosystem; 18 (d) an of concern sub-dominant ecosystem. 19 Editor's note-- 20 The Regional ecosystem description database is available for 21 inspection-- 22 (a) during office hours, at the Queensland Herbarium, Brisbane 23 Botanic Gardens, Mt Coot-tha Road, Toowong and each regional 24 office of the department; and 25 (b) on the department's website. 26 20 Steps after making decision 27 (1) If the Minister decides to grant the application, the Minister 28 must, within 10 business days after the decision is made-- 29 (a) amend the environmental authority to give effect to the 30 amendment; and 31 Page 14

 


 

North Stradbroke Island Protection and Sustainability Bill 2011 Part 2 Dealing with mining interests in the North Stradbroke Island Region [s 21] (b) record particulars of the amendment in the appropriate 1 register as if the authority had been amended under the 2 Environmental Protection Act; and 3 (c) give the applicant a copy of the amended environmental 4 authority. 5 (2) The amendment takes effect on the day of the amendment or a 6 later day stated in the amended environmental authority. 7 (3) If the Minister decides to refuse the application, the Minister 8 must, within 10 business days after the decision is made, give 9 the applicant a written notice about the decision. 10 21 Applications to amend restricted mine path of Enterprise 11 Mine lease under the Environmental Protection Act 12 (1) Sections 17 and 18 do not stop the holder of environmental 13 authority MIN100971509, whether or not amended under 14 section 19, from applying to amend the environmental 15 authority under the Environmental Protection Act, chapter 5, 16 part 8. 17 (2) However, an amendment of the environmental authority under 18 the Environmental Protection Act, chapter 5, part 8 can not be 19 made if the amendment would-- 20 (a) result in the total area of the restricted mine path being 21 increased in size-- 22 (i) if the restricted mine path is amended under 23 section 19--to an area more than 5% larger than 24 the restricted mine path as amended under the 25 section; or 26 (ii) otherwise--to an area more than 5% larger than 27 the restricted mine path as defined in section 16; or 28 (b) amend the condition of the environmental authority 29 stated in section 17(b). 30 (3) This section applies despite any provision of the 31 Environmental Protection Act or any other Act or law. 32 Page 15

 


 

North Stradbroke Island Protection and Sustainability Bill 2011 Part 3 Miscellaneous [s 22] Part 3 Miscellaneous 1 22 Opening and closing of road on DP104026 2 (1) Lot 1 on SP228368 is dedicated to be a road for public use 3 under the Land Act 1994. 4 (2) The area of land shown as road to be closed on SP228368 is 5 taken to be closed under the Land Act 1994. 6 (3) This section applies despite any provision of the Land Act 7 1994. 8 Part 4 Amendment of Acts 9 Division 1 Amendment of Aboriginal Land Act 10 1991 11 23 Act amended 12 This division amends the Aboriginal Land Act 1991. 13 24 Amendment of s 12 (Lands that are transferable lands) 14 Section 12(1)-- 15 insert-- 16 `(h) land in the following lots-- 17 (i) Lot 1 on SP228365; 18 (ii) Lot 5 on SP228365; 19 (iii) Lot 129 on SP228365; 20 (iv) Lot 130 on SP228365; 21 (v) Lot 113 on SP228365; 22 Page 16

 


 

North Stradbroke Island Protection and Sustainability Bill 2011 Part 4 Amendment of Acts [s 25] (vi) Lot 119 on SP228365; 1 (vii) Lot 1 on SP228366; 2 (viii) Lot 2 on SP228367; 3 (ix) Lot 1951 on SP228368; 4 (x) Lot 90 on CP816530; 5 (xi) Lot 147 on SL7542; 6 (xii) Lot 300 on SP104019.'. 7 25 Amendment of pt 5B, hdg 8 Part 5B, heading, from `national'-- 9 omit, insert-- 10 `land in Cape York Peninsula Region and North 11 Stradbroke Island Region'. 12 26 Amendment of s 83F (Entering into indigenous 13 management agreement) 14 (1) Section 83F(1)(a), after `Region'-- 15 insert-- 16 `or the North Stradbroke Island Region'. 17 (2) Section 83F(1)(b), from `become'-- 18 omit, insert-- 19 `become-- 20 (i) for land in the Cape York Peninsula Region--a 21 national park (Cape York Peninsula Aboriginal 22 land); or 23 (ii) for land in the North Stradbroke Island 24 Region--an indigenous joint management area.'. 25 (3) Section 83F(2), after `land)'-- 26 Page 17

 


 

North Stradbroke Island Protection and Sustainability Bill 2011 Part 4 Amendment of Acts [s 27] insert-- 1 `or an indigenous joint management area' 2 27 Amendment of s 83G (Requirements for indigenous 3 management agreement) 4 (1) Section 83G(1)(b), from `managed'-- 5 omit, insert-- 6 `managed in perpetuity as-- 7 (i) for land in the Cape York Peninsula Region--a 8 national park (Cape York Peninsula Aboriginal 9 land); or 10 (ii) for land in the North Stradbroke Island 11 Region--an indigenous joint management area; 12 and'. 13 (2) Section 83G(2), after `Aboriginal land)'-- 14 insert-- 15 `or an indigenous joint management area'. 16 28 Insertion of new pt 5B, div 3 17 Part 5B, after section 83K-- 18 insert-- 19 `Division 3 Protected areas in North Stradbroke 20 Island Region 21 `83KA Requirement about grant of prescribed protected 22 areas in North Stradbroke Island Region 23 `(1) This section applies to transferable land if the land is, or 24 includes part of, a prescribed protected area in the North 25 Stradbroke Island Region. 26 `(2) Before the land is granted under this Act, the trustee, or 27 proposed trustee, for the land must enter into an indigenous 28 Page 18

 


 

North Stradbroke Island Protection and Sustainability Bill 2011 Part 4 Amendment of Acts [s 29] management agreement with the State about the management 1 of the land. 2 `(3) A grant of the land under this Act is subject to the condition 3 that the land must become an indigenous joint management 4 area. 5 `(4) In this section-- 6 prescribed protected area means land that is any of the 7 following under the Nature Conservation Act 1992-- 8 (a) a national park (scientific); 9 (b) a national park; 10 (c) a national park (recovery); 11 (d) a conservation park; 12 (e) a resources reserve.'. 13 29 Amendment of schedule (Dictionary) 14 Schedule-- 15 insert-- 16 `indigenous joint management area means an area declared 17 under the Nature Conservation Act 1992 as an indigenous 18 joint management area. 19 North Stradbroke Island Region see the North Stradbroke 20 Island Protection and Sustainability Act 2011, section 5.'. 21 Division 2 Amendment of Nature Conservation 22 Act 1992 23 30 Act amended 24 This division amends the Nature Conservation Act 1992. 25 Page 19

 


 

North Stradbroke Island Protection and Sustainability Bill 2011 Part 4 Amendment of Acts [s 31] 31 Amendment of s 15 (Management of protected areas) 1 Section 15(1)(b)(ii), from `Aboriginal' to `any'-- 2 omit, insert-- 3 `Aboriginal land) or an indigenous joint management 4 area--any'. 5 32 Amendment of s 16 (Management principles of national 6 parks (scientific)) 7 Section 16-- 8 insert-- 9 `(3) Subject to subsections (1) and (2), a national park (scientific), 10 or a part of a national park (scientific), that is also an 11 indigenous joint management area is to be managed, as far as 12 practicable, in a way that is consistent with any Aboriginal 13 tradition applicable to the area, including any tradition 14 relating to activities in the area.'. 15 33 Amendment of s 17 (Management principles of national 16 parks) 17 Section 17-- 18 insert-- 19 `(3) Subject to subsections (1) and (2), a national park, or a part of 20 a national park, that is also an indigenous joint management 21 area is to be managed, as far as practicable, in a way that is 22 consistent with any Aboriginal tradition applicable to the area, 23 including any tradition relating to activities in the area.'. 24 34 Amendment of s 19A (Management principles of national 25 parks (recovery)) 26 Section 19A-- 27 insert-- 28 `(2) Subject to subsection (1), a national park (recovery), or a part 29 of a national park (recovery), that is also an indigenous joint 30 Page 20

 


 

North Stradbroke Island Protection and Sustainability Bill 2011 Part 4 Amendment of Acts [s 35] management area is to be managed, as far as practicable, in a 1 way that is consistent with any Aboriginal tradition applicable 2 to the area, including any tradition relating to activities in the 3 area.'. 4 35 Amendment of s 20 (Management principles of 5 conservation parks) 6 Section 20-- 7 insert-- 8 `(2) Subject to subsection (1), a conservation park, or a part of a 9 conservation park, that is also an indigenous joint 10 management area is to be managed, as far as practicable, in a 11 way that is consistent with any Aboriginal tradition applicable 12 to the area, including any tradition relating to activities in the 13 area.'. 14 36 Amendment of s 21 (Management principles of resources 15 reserves) 16 Section 21-- 17 insert-- 18 `(3) Subject to subsections (1) and (2), a resources reserve, or a 19 part of a resources reserve, that is also an indigenous joint 20 management area is to be managed, as far as practicable, in a 21 way that is consistent with any Aboriginal tradition applicable 22 to the area, including any tradition relating to activities in the 23 area.'. 24 37 Amendment of s 32 (Revocation of protected areas) 25 Section 32-- 26 insert-- 27 `(3) This section does not apply to a protected area, or a part of a 28 protected area, that is an indigenous joint management area. 29 Page 21

 


 

North Stradbroke Island Protection and Sustainability Bill 2011 Part 4 Amendment of Acts [s 38] Note-- 1 For a protected area that is also an indigenous joint management area, 2 see section 42AK. Also, note section 42AM.'. 3 38 Amendment of s 33 (Amalgamation etc. of protected 4 areas) 5 Section 33-- 6 insert-- 7 `(3) This section does not apply to a protected area, or a part of a 8 protected area, that is an indigenous joint management area. 9 Note-- 10 For a protected area, or part of a protected area, that is an indigenous 11 joint management area, see section 42AL. Also, note section 42AM.'. 12 39 Amendment of s 34 (Leases etc. over protected areas) 13 Section 34-- 14 insert-- 15 `(3) This section does not apply to a protected area, or a part of a 16 protected area, that is an indigenous joint management area. 17 Note-- 18 For a protected area, or part of a protected area, that is an indigenous 19 joint management area, see section 42AN.'. 20 40 Amendment of s 35 (Chief executive's powers about 21 permitted uses in national parks or national parks 22 (recovery)) 23 Section 35-- 24 insert-- 25 `(3) This section does not apply to-- 26 (a) a national park, or a part of a national park, that is an 27 indigenous joint management area; or 28 Page 22

 


 

North Stradbroke Island Protection and Sustainability Bill 2011 Part 4 Amendment of Acts [s 41] (b) a national park (recovery), or a part of a national park 1 (recovery), that is an indigenous joint management area. 2 Note-- 3 For an indigenous joint management area, see section 42AO.'. 4 41 Amendment of s 36 (Authorities for new national park or 5 national park (recovery)) 6 Section 36-- 7 insert-- 8 `(5A) This section does not apply to-- 9 (a) a national park, or a part of a national park, that is an 10 indigenous joint management area; or 11 (b) a national park (recovery), or a part of a national park 12 (recovery), that is an indigenous joint management area. 13 Note-- 14 For an indigenous joint management area, see section 42AP.'. 15 42 Amendment of pt 4, div 3, hdg 16 Part 4, division 3, heading, after `land)'-- 17 insert-- 18 `and indigenous joint management areas'. 19 43 Amendment of s 40 (Dedication of national park as 20 national park (Aboriginal land) or national park (Torres 21 Strait Islander land)) 22 Section 40(1)(a), after `Region'-- 23 insert-- 24 `or the North Stradbroke Island Region'. 25 44 Insertion of new pt 4, div 3, sdiv 3 26 Part 4, division 3-- 27 Page 23

 


 

North Stradbroke Island Protection and Sustainability Bill 2011 Part 4 Amendment of Acts [s 44] insert-- 1 `Subdivision 3 Indigenous joint management areas 2 `42AG Purpose of sdiv 3 3 `The purpose of this subdivision is to provide for the 4 declaration of prescribed protected areas situated in the North 5 Stradbroke Island Region as indigenous joint management 6 areas. 7 `42AH Declaration of a prescribed protected area as 8 indigenous joint management area 9 `(1) This section applies to a prescribed protected area, or part of a 10 prescribed protected area, (the protected area land) if-- 11 (a) the protected area land is in the North Stradbroke Island 12 Region and becomes Aboriginal land; and 13 (b) the Minister is satisfied an indigenous management 14 agreement about the management of the Aboriginal land 15 has been entered into. 16 `(2) On the land becoming Aboriginal land, the Minister must 17 recommend to the Governor in Council the making of a 18 regulation declaring the protected area land as an indigenous 19 joint management area. 20 `(3) Despite any other Act, the declaration under the regulation is 21 taken to have effect on the delivery of the deed of grant over 22 the protected area land to the indigenous landholder for the 23 land. 24 `42AI Declaration of Aboriginal land as indigenous joint 25 management area 26 `(1) This section applies to Aboriginal land in the North 27 Stradbroke Island Region that is not a prescribed protected 28 area or included in a prescribed protected area if-- 29 Page 24

 


 

North Stradbroke Island Protection and Sustainability Bill 2011 Part 4 Amendment of Acts [s 44] (a) the indigenous landholder for the land has entered into 1 an indigenous management agreement for it; and 2 (b) the Minister and the indigenous landholder agree that 3 the land is to be managed as an indigenous joint 4 management area. 5 `(2) The Minister must recommend to the Governor in Council the 6 making of a regulation-- 7 (a) dedicating the land as a prescribed protected area; and 8 (b) declaring the land as an indigenous joint management 9 area. 10 `(3) The regulation may define the extent of the land by reference 11 to-- 12 (a) a stated depth below the surface of the land; or 13 (b) a stated height above the surface of the land. 14 `42AJ Declaration of other land as an indigenous joint 15 management area 16 `(1) This section applies to land in the North Stradbroke Island 17 Region, other than land to which section 42AI applies, that is 18 not a prescribed protected area or included in a prescribed 19 protected area if-- 20 (a) under the Aboriginal Land Act 1991, an entity has 21 entered into an indigenous management agreement for 22 the land; and 23 (b) the Minister and the entity agree that the land is to be 24 managed as an indigenous joint management area. 25 `(2) If the land becomes Aboriginal land-- 26 (a) the grant of the land as Aboriginal land is subject to a 27 condition that the land must become-- 28 (i) a prescribed protected area; and 29 (ii) an indigenous joint management area; and 30 Page 25

 


 

North Stradbroke Island Protection and Sustainability Bill 2011 Part 4 Amendment of Acts [s 44] (b) the Minister must recommend to the Governor in 1 Council the making of a regulation-- 2 (i) dedicating the land as a prescribed protected area; 3 and 4 (ii) declaring the land as an indigenous joint 5 management area. 6 `(3) The regulation may define the extent of the land by reference 7 to-- 8 (a) a stated depth below the surface of the land; or 9 (b) a stated height above the surface of the land. 10 `42AK Revocation of dedication of protected area or 11 declaration of indigenous joint management areas 12 `(1) A regulation may-- 13 (a) revoke the dedication of a protected area, or part of a 14 protected area, that is an indigenous joint management 15 area; or 16 (b) revoke the declaration of all or a part of an indigenous 17 joint management area; 18 only if the land the subject of the revocation has been 19 surrendered to the State. 20 `(2) A regulation under subsection (1)(a) may be made only if the 21 Legislative Assembly has, on a motion of which at least 28 22 days notice has been given, passed a resolution requesting the 23 Governor in Council to make the revocation. 24 `42AL Amalgamation etc. of protected areas that are 25 indigenous joint management areas 26 `(1) This section applies only to protected areas that are 27 indigenous joint management areas. 28 `(2) The Governor in Council may, by regulation-- 29 Page 26

 


 

North Stradbroke Island Protection and Sustainability Bill 2011 Part 4 Amendment of Acts [s 44] (a) amalgamate protected areas of the same class, and 1 assign a name to the amalgamated area; or 2 (b) change the class of a protected area by dedicating the 3 area as another class of protected area; or 4 (c) change the boundaries of a protected area. 5 `(3) If, because of the change in the class of a protected area, the 6 area will be given less protection under this Act, the 7 regulation may be made-- 8 (a) only with the consent of the indigenous landholder for 9 the land; and 10 (b) only if the Legislative Assembly has, on a motion of 11 which at least 28 days notice has been given, passed a 12 resolution requesting the Governor in Council to make 13 the revocation. 14 `(4) If, because of the change in the boundaries of a protected area, 15 land will be removed from the area (other than for the purpose 16 of dedicating the removed land as land with the same or a 17 higher level of protection under this Act), the regulation may 18 be made only if-- 19 (a) the land to be removed has been surrendered to the 20 State; and 21 (b) the Legislative Assembly has, on a motion of which at 22 least 28 days notice has been given, passed a resolution 23 requesting the Governor in Council to make the 24 revocation. 25 `(5) This section applies despite section 42AK. 26 `42AM Effect of revocation of prescribed protected area on 27 indigenous joint management area 28 `(1) This section applies if-- 29 (a) the dedication of a prescribed protected area, or part of a 30 prescribed protected area, that is an indigenous joint 31 management area is revoked under this Act; or 32 Page 27

 


 

North Stradbroke Island Protection and Sustainability Bill 2011 Part 4 Amendment of Acts [s 44] (b) a prescribed protected area, or part of a prescribed 1 protected area, that is an indigenous joint management 2 area is removed under section 42AL(2). 3 `(2) On the revocation of the dedication of, or the removal of, the 4 prescribed protected area or part-- 5 (a) if the area or part is dedicated as another class of 6 prescribed protected area--the declaration of the 7 indigenous joint management area continues in force; or 8 (b) otherwise--the declaration of the indigenous joint 9 management area for the protected area or part is taken 10 to have been revoked. 11 `42AN Leases etc. over land in indigenous joint 12 management area 13 `(1) A lease, agreement, licence, permit or other authority over, or 14 in relation to, land in an indigenous joint management area, 15 other than an agreement or a licence, permit or other authority 16 issued or given under a regulation, may be granted, made, 17 issued or given only-- 18 (a) by the chief executive with the consent of the indigenous 19 landholder for the land; or 20 (b) by the indigenous landholder for the land with the 21 consent of the chief executive. 22 `(2) A lease, agreement, licence, permit or other authority 23 mentioned in subsection (1) must be consistent with-- 24 (a) the management principles and management plan for 25 the indigenous joint management area; and 26 (b) any indigenous land use agreement for the land; and 27 (c) the indigenous management agreement for the land. 28 Page 28

 


 

North Stradbroke Island Protection and Sustainability Bill 2011 Part 4 Amendment of Acts [s 44] `42AO Particular powers about permitted uses on land in 1 particular indigenous joint management areas 2 `(1) The chief executive and the indigenous landholder for land in 3 a national park or national park (recovery), or part of a 4 national park or national park (recovery), that is an indigenous 5 joint management area, may grant, make, issue or give a lease, 6 agreement, licence, permit or other authority over, or in 7 relation to, the land if-- 8 (a) the use under the authority is only for a service facility; 9 and 10 (b) if the land is in a national park--the cardinal principle 11 for the management of national parks will be observed 12 to the greatest extent possible; and 13 (c) if the land is in a national park (recovery)--the 14 management principle under section 19A(1)(a) will be 15 observed to the greatest extent possible; and 16 (d) the chief executive and the indigenous landholder are 17 satisfied-- 18 (i) the use will be in the public interest; and 19 (ii) the use is ecologically sustainable; and 20 (iii) there is no reasonably practicable alternative to the 21 use; and 22 (e) the use under the authority is prescribed under a 23 regulation made for this section to be a permitted use for 24 the indigenous joint management area. 25 `(2) Subsection (1) has effect despite sections 15 and 42AN(2). 26 `42AP Authorities for new national park or national park 27 (recovery) that is an indigenous joint management 28 area 29 `(1) This section applies if-- 30 (a) land is, or is part of, an indigenous joint management 31 area; and 32 Page 29

 


 

North Stradbroke Island Protection and Sustainability Bill 2011 Part 4 Amendment of Acts [s 44] (b) the land is dedicated as a national park or national park 1 (recovery); and 2 (c) immediately before the dedication, the land was being 3 used (the previous use) in a way that is inconsistent with 4 the management principles of the park. 5 `(2) The chief executive and the indigenous landholder for land in 6 the national park or national park (recovery), or a part of the 7 national park or national park (recovery), that is an indigenous 8 joint management area, may grant an authority (a previous 9 use authority) over, or in relation to, the land to allow the 10 previous use to continue for no more than the allowable term 11 after the dedication. 12 `(3) However, a previous use authority must not be granted for a 13 national park if the previous use was under a sales permit 14 under the Forestry Act 1959, section 56. 15 `(4) A previous use authority must not be renewed. 16 `(5) This section applies despite sections 15 and 42AN(2). 17 `(6) In this section-- 18 allowable term, in relation to a previous use authority, means 19 a term no longer than-- 20 (a) if the previous use was under a permit or lease as 21 follows, the term that is the unexpired term of the permit 22 or lease-- 23 (i) an occupation permit under the Forestry Act 1959, 24 section 35(1)(a) under which the right of 25 occupation is only for a service facility; 26 (ii) a stock grazing permit under the Forestry Act 1959, 27 section 35(1)(c); 28 (iii) an apiary permit under the Forestry Act 1959, 29 section 35(1)(d); 30 (iv) a sales permit under the Forestry Act 1959, section 31 56, for the taking of plant parts if it does not 32 authorise cutting or pruning of plants so severely 33 that the plant is likely to die; 34 Page 30

 


 

North Stradbroke Island Protection and Sustainability Bill 2011 Part 4 Amendment of Acts [s 45] (v) a lease under the Land Act 1994; or 1 (b) otherwise--3 years after the dedication. 2 authority means an agreement or a lease, licence, permit or 3 other authority. 4 plant parts means the flowers, foliage, seeds or stems of the 5 plant.'. 6 45 Amendment of s 111 (Management plans) 7 (1) Section 111(1)(b)-- 8 insert-- 9 `(iv) an indigenous joint management area;'. 10 (2) Section 111(8), after `land)'-- 11 insert-- 12 `or an indigenous joint management area'. 13 46 Amendment of s 120 (Implementation of approved plan) 14 (1) Section 120(1), after `protected area'-- 15 insert-- 16 `or an indigenous joint management area'. 17 (2) Section 120(1)(b), after `land)'-- 18 insert-- 19 `or an indigenous joint management area'. 20 47 Amendment of sch (Dictionary) 21 Schedule-- 22 insert-- 23 `indigenous joint management area means an area declared 24 under this Act as an indigenous joint management area. 25 Page 31

 


 

North Stradbroke Island Protection and Sustainability Bill 2011 Part 4 Amendment of Acts [s 48] indigenous landholder, for a protected area or land, means 1 the entity that, under the Aboriginal Land Act 1991 or the 2 Torres Strait Islander land Act 1991, is the trustee for the 3 protected area or land. 4 North Stradbroke Island Region see the North Stradbroke 5 Island Protection and Sustainability Act 2011, section 5. 6 prescribed protected area means a protected area of a 7 following class-- 8 (a) a national park (scientific); 9 (b) a national park; 10 (c) a national park (recovery); 11 (d) a conservation park; 12 (e) a resources reserve.'. 13 Division 3 Amendment of Sustainable 14 Planning Act 2009 15 48 Act amended 16 This division amends the Sustainable Planning Act 2009. 17 49 Amendment of sch 1 (Prohibited development) 18 Schedule 1-- 19 insert-- 20 `For a dredging or extractive activity in the North Stradbroke Island Region 13 Development in the North Stradbroke Island Region that is an environmentally relevant activity under the Environmental Protection Regulation 2008, schedule 2, part 4, section 16 to the extent it involves dredging or extracting more than 10000 tonnes of material a year.'. Page 32

 


 

North Stradbroke Island Protection and Sustainability Bill 2011 Part 4 Amendment of Acts [s 50] 50 Amendment of sch 3 (Dictionary) 1 Schedule 3-- 2 insert-- 3 `North Stradbroke Island Region see the North Stradbroke 4 Island Protection and Sustainability Act 2011, section 5.'. 5 Page 33

 


 

North Stradbroke Island Protection and Sustainability Bill 2011 Schedule 1 Schedule 1 Conditions of renewal for 1 particular mining leases 2 section 11 3 Column 1 Column 2 Column 3 Mining lease Term of renewal Conditions for renewal Mining lease 1117 The term of renewal ends at the end of 31 December 2019. Mining leases 1103, The term of renewal The winning of a 1118, 1119, 1120, 1121, ends at the end of 31 mineral from the place 1129 and 1130 December 2019. where it occurs in the area of land over which the lease is granted is not permitted under the lease. Mining lease 1122 The term of renewal The winning of a ends at the end of 31 mineral from the place December 2015. where it occurs in the area of land over which the lease is granted is not permitted under the lease. Mining lease 1124 The term of renewal The winning of a ends at the end of 31 mineral from the place October 2025. where it occurs in the area of land over which the lease is granted is not permitted under the lease. Page 34

 


 

North Stradbroke Island Protection and Sustainability Bill 2011 Schedule 2 Schedule 2 Variation of conditions of 1 particular mining leases 2 section 12 3 Column 1 Column 2 Column 3 Mining lease Term Conditions Mining lease 1163 The term for the mining The winning of a lease is varied to end at mineral from the place the end of 31 December where it occurs in the 2019. area of land over which the lease is granted is not permitted under the lease. Mining lease 1140 The term for the mining The winning of a lease is varied to end at mineral from the place the end of 31 December where it occurs in the 2019. area of land over which the lease is granted is not permitted under the lease. Mining lease 7064 The term for the mining The winning of a lease is varied to end at mineral from the place the end of 31 October where it occurs in the 2025. area of land over which the lease is granted is not permitted under the lease. Page 35

 


 

North Stradbroke Island Protection and Sustainability Bill 2011 Schedule 3 Schedule 3 Dictionary 1 section 4 2 commencement means the day this definition commences. 3 environmental authority see the Environmental Protection 4 Act, schedule 4. 5 Environmental Protection Act means the Environmental 6 Protection Act 1994. 7 Mineral Resources Act means the Mineral Resources Act 8 1989. 9 mining interest means any lease, licence, permit or other 10 instrument authorised under-- 11 (a) the Mineral Resources Act; or 12 (b) the Petroleum Act 1923; or 13 (c) the Petroleum and Gas (Production and Safety) Act 14 2004. 15 mining lease means a mining lease under the Mineral 16 Resources Act. 17 North Stradbroke Island Region see section 5. 18 NSI mining interest means a mining interest over land in the 19 North Stradbroke Island Region. 20 State of Queensland 2011 Page 36

 


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