Queensland Bills Queensland Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
MINERAL RESOURCES
AMENDMENT BILL 1998
Queensland
MINERAL RESOURCES AMENDMENT
BILL 1998
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Amendment of s 5 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Amendment of s 194 (Conditions of mineral development licence) . . . . . . 4
5 Insertion of new s 194A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
194A Land Court's jurisdiction for At Risk agreement . . . . . . . . . . . . . . . . 5
6 Amendment of s 276 (Conditions of mining leases) . . . . . . . . . . . . . . . . . . . 5
7 Insertion of new s 278A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
278A Land Court's jurisdiction for At Risk agreement . . . . . . . . . . . . . . . . 6
8 Insertion of new part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
PART 12--FURTHER TRANSITIONAL PROVISIONS
1998
A BILL
FOR
An Act to amend the Mineral Resources Act 1989
s1 4 s5
Mineral Resources Amendment
The Parliament of Queensland enacts-- 1
title 2
Short
Clause 1. This Act may be cited as the Mineral Resources Amendment Act 1998. 3
amended 4
Act
Clause 2. This Act amends the Mineral Resources Act 1989. 5
of s 5 (Definitions) 6
Amendment
Clause 3. Section 5-- 7
insert-- 8
` "At Risk agreement" means the document called the `At Risk' 9
agreement endorsed by Cabinet on 5 April 1988, and that document as 10
amended and endorsed by Cabinet from time to time.1'. 11
of s 194 (Conditions of mineral development licence) 12
Amendment
Clause 4. Section 194-- 13
insert-- 14
`(6) A mineral development licence granted after the commencement of 15
the Mineral Resources Amendment Act 1998 is subject to a condition that 16
the holder comply with the At Risk agreement.'. 17
of new s 194A 18
Insertion
Clause 5. After section 194-- 19
insert-- 20
1 A copy of the agreement is available from the department's offices at 61 Mary
Street, Brisbane.
s6 5 s6
Mineral Resources Amendment
Court's jurisdiction for At Risk agreement 1
`Land
`194A.(1) The Land Court has jurisdiction to hear and decide a 2
proceeding about the following matters under a condition of a mineral 3
development licence requiring compliance with the At Risk agreement-- 4
(a) whether hardship, as defined under the agreement, exists; 5
(b) the fair market value of a property for the purposes of the 6
agreement. 7
`(2) A proceeding under subsection (1)(a) is to be by way of review of a 8
decision of the committee unaffected by the committee's decision other than 9
as provided by subsection (3). 10
`(3) In a proceeding under subsection (1)(a), the Land Court must 11
consider the following matters-- 12
(a) the evidence considered by the committee in reaching its decision; 13
(b) the conclusions reached by the committee in its decision. 14
`(4) In a proceeding, a copy of the agreement as at a particular date, 15
certified as a true copy by the chief executive, is admissible as evidence of 16
the agreement at that date until the contrary is proved. 17
`(5) Despite the Limitations of Actions Act 1974, a proceeding must 18
start-- 19
(a) for a matter that arose before the commencement of this 20
section--within 1 year after the commencement; or 21
(b) for a matter that arose after the commencement of this 22
section--within 1 year after the committee makes its decision 23
about whether hardship, as defined under the agreement, exists. 24
`(6) In this section-- 25
"committee" means the committee mentioned in the At Risk agreement.'. 26
of s 276 (Conditions of mining leases) 27
Amendment
Clause 6. Section 276-- 28
insert-- 29
`(5) A mining lease granted after the commencement of the Mineral 30
s7 6 s7
Mineral Resources Amendment
Resources Amendment Act 1998 is subject to a condition that the holder 1
comply with the At Risk agreement.'. 2
of new s 278A 3
Insertion
Clause 7. After section 278-- 4
insert-- 5
Court's jurisdiction for At Risk agreement 6
`Land
`278A.(1) The Land Court has jurisdiction to hear and decide a 7
proceeding about the following matters under a condition of a mining lease 8
requiring compliance with the At Risk agreement-- 9
(a) whether hardship, as defined under the agreement, exists; 10
(b) the fair market value of a property for the purposes of the 11
agreement. 12
`(2) A proceeding under subsection (1)(a) is to be by way of review of a 13
decision of the committee unaffected by the committee's decision other than 14
as provided by subsection (3). 15
`(3) In a proceeding under subsection (1)(a), the Land Court must 16
consider the following matters-- 17
(a) the evidence considered by the committee in reaching its decision; 18
(b) the conclusions reached by the committee in its decision. 19
`(4) In a proceeding, a copy of the agreement as at a particular date, 20
certified as a true copy by the chief executive, is admissible as evidence of 21
the agreement at that date until the contrary is proved. 22
`(5) Despite the Limitations of Actions Act 1974, a proceeding must 23
start-- 24
(a) for a matter that arose before the commencement of this 25
section--within 1 year after the commencement; or 26
(b) for a matter that arose after the commencement of this 27
section--within 1 year after the committee makes its decision 28
about whether hardship, as defined under the agreement, exists. 29
s8 7 s8
Mineral Resources Amendment
`(6) In this section-- 1
"committee" means the committee mentioned in the At Risk agreement.'. 2
of new part 3
Insertion
Clause 8. After part 11-- 4
insert-- 5
`PART 12--FURTHER TRANSITIONAL PROVISIONS 6
`At Risk agreement conditions 7
`419.(1) This section applies to the following-- 8
(a) a mining lease granted under the repealed Mining Act 1968, 9
No. 51; 10
(b) a mineral development licence or mining lease granted before the 11
commencement of the Mineral Resources Amendment Act 1998. 12
`(2) To remove doubt, a condition contained in the licence or lease 13
requiring the holder to comply with the At Risk agreement is and always 14
was a valid condition.'. 15
16
© State of Queensland 1998
[Index] [Search] [Download] [Related Items] [Help]