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Queensland
Mineral Resources and Other
Legislation Amendment
Bill 2006
Queensland
Mineral Resources and Other Legislation
Amendment Bill 2006
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Part 2 Amendment of Mineral Resources Act 1989
3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Insertion of new pt 6A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Part 6A Mineral development licence for Aurukun
project
231A Application of pts 6 and 6A. . . . . . . . . . . . . . . . . . . . . 6
231B Only eligible person can apply for and hold mineral
development licence (180) . . . . . . . . . . . . . . . . . . . . . 7
231C Application for mineral development licence (183) . . . 7
231D Alternative way of describing mineral development
licence (184). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
231E Minister may grant or reject application for mineral
development licence (186) . . . . . . . . . . . . . . . . . . . . . 8
231F Initial term of mineral development licence (192) . . . . 9
231G Conditions of mineral development licence (194). . . . 9
231H Renewal of licence (197A) . . . . . . . . . . . . . . . . . . . . . 11
231I Requirements for assigning or mortgaging mineral
development licences (198) . . . . . . . . . . . . . . . . . . . . 12
231J Contravention by holder of mineral development
licence (209). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
231K Review of decisions . . . . . . . . . . . . . . . . . . . . . . . . . . 12
5 Insertion of new pt 7AAA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Part 7AAA Mining lease for Aurukun project
318AAA Application of pts 7 and 7AAA . . . . . . . . . . . . . . . . . . 13
2
Mineral Resources and Other Legislation Amendment
Bill 2006
318AAB Only eligible person can apply for and hold mining
lease (233) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
318AAC Alternative way of marking out land proposed to be
subject of mining lease (241) . . . . . . . . . . . . . . . . . . . 14
318AAD Application for grant of mining lease (245) . . . . . . . . . 14
318AAE Additional matters for application (252) . . . . . . . . . . . 15
318AAF Mining lease must include all surface of land (273) . . 15
318AAG Holder of a mining lease to mark boundary posts
(274) ................................ 16
318AAH General conditions of mining lease (276) . . . . . . . . . . 16
318AAI Initial term of mining lease (284) . . . . . . . . . . . . . . . . 18
318AAJ Renewal of lease (286A) . . . . . . . . . . . . . . . . . . . . . . 18
318AAK Requirements for assigning, mortgaging or
subleasing mining leases (300) . . . . . . . . . . . . . . . . . 18
318AAL Contravention by holder of mining lease (308) . . . . . . 18
318AAM Limitation on surrender of mining lease (309) . . . . . . 19
6 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 19
Part 3 Amendment of Local Government (Aboriginal Lands) Act
1978
7 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
8 Amendment of s 27 (Mineral rights in shires). . . . . . . . . . . . . . . . 20
Part 4 Amendment of Petroleum and Gas (Production and Safety)
Act 2004
9 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
10 Amendment of s 5 (Application of Act to coastal waters of the
State) .......................................... 21
Part 5 Amendment of Petroleum (Submerged Lands) Act 1982
11 Act amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
12 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 21
13 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 22
14 Amendment of s 5 (Effect of territorial sea baseline changes on
pipeline licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
15 Amendment of s 9 (Definitions for div 2) . . . . . . . . . . . . . . . . . . . 23
16 Amendment of s 11 (Minister as Designated Authority) . . . . . . . . 23
17 Amendment of s 12 (Delegations under Commonwealth Act) . . . 23
18 Amendment of s 13 (Public servants performing functions
under Commonwealth Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
19 Amendment of s 59 (Unit development) . . . . . . . . . . . . . . . . . . . . 23
3
Mineral Resources and Other Legislation Amendment
Bill 2006
Part 6 Amendment of State Development and Public Works
Organisation Act 1971
20 Act amended in pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
21 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 24
Part 7 Amendment of Wild Rivers Act 2005
22 Act amended in pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
23 Amendment of s 46 (Meaning of Aurukun project) . . . . . . . . . . . . 24
2006
A Bill
for
an Act to amend the Mineral Resources Act 1989, and for other
purposes
s1 6 s4
Mineral Resources and Other Legislation Amendment
Bill 2006
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Mineral Resources and Other 4
Legislation Amendment Act 2006. 5
Clause 2 Commencement 6
Part 5, other than sections 11 and 12, commences on a day to 7
be fixed by proclamation. 8
Part 2 Amendment of Mineral 9
Resources Act 1989 10
Clause 3 Act amended in pt 2 11
This part amends the Mineral Resources Act 1989. 12
Clause 4 Insertion of new pt 6A 13
After section 231-- 14
insert-- 15
`Part 6A Mineral development licence 16
for Aurukun project 17
`231A Application of pts 6 and 6A 18
`(1) This part applies only for the granting of, and in relation to, a 19
mineral development licence for the Aurukun project. 20
s4 7 s4
Mineral Resources and Other Legislation Amendment
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`(2) Part 6, except to the extent mentioned in subsection (3), also 1
applies for the granting of, and in relation to, a mineral 2
development licence for the Aurukun project. 3
`(3) Sections 179, 180, 181(2), 182, 183, 185, 186, 188, 189, 192, 4
194, 194A, 197A, 197B, 208, 210, 214(1)(a), 217, 218, 219, 5
220, 221, 222, 223, 225 and 226AA do not apply for the 6
granting of, and in relation to, a mineral development licence 7
for the Aurukun project. 8
`(4) Also, a reference in a provision of part 6 to a provision that 9
has been disapplied under subsection (3) is to be disregarded. 10
`231B Only eligible person can apply for and hold mineral 11
development licence (180) 12
`(1) A mineral development licence under this part can only be 13
applied for and held by the eligible person. 14
`(2) The application and grant of a licence may be made even if 15
the land for the Aurukun project is part of a restricted area. 16
17
Note--
18
The numbers bracketed in the headings to this and other sections of this
19
part are references to corresponding sections in part 6.
`231C Application for mineral development licence (183) 20
`(1) The application for the grant of a mineral development licence 21
must-- 22
(a) be in the approved form; and 23
(b) identify, in the way prescribed under a regulation, the 24
boundaries of the land applied for; and 25
(c) describe and identify, in the way prescribed under a 26
regulation, any land proposed to be used as access from 27
a point outside the boundary of the licence acceptable to 28
the mining registrar to any part on the surface of the land 29
sought to be included in the licence; and 30
(d) be lodged with the mining registrar; and 31
(e) be accompanied by-- 32
s4 8 s4
Mineral Resources and Other Legislation Amendment
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(i) a statement, acceptable to the Minister, stating the 1
activities, if any, proposed to be conducted under 2
the licence, including, for example, work 3
programs, amounts to be spent and studies to be 4
performed; and 5
(ii) a statement, acceptable to the Minister, separate 6
from the statement mentioned in subparagraph (i), 7
detailing the applicant's financial and technical 8
resources; and 9
(iii) the application fee prescribed under a regulation. 10
`(2) The mining registrar must give a copy of the application to the 11
EPA administering authority within 5 business days after the 12
application is lodged. 13
`231D Alternative way of describing mineral development 14
licence (184) 15
`In addition to section 184, the chief executive may approve 16
an alternative way of describing the land applied for. 17
`231E Minister may grant or reject application for mineral 18
development licence (186) 19
`(1) If the Minister is satisfied the applicant has complied with this 20
Act in relation to the application, the Minister may grant and 21
issue to the applicant a mineral development licence over all 22
or part of the land for which the application is made. 23
`(2) Alternatively, the Minister may reject the application. 24
`(3) If the Minister rejects the application, in whole or in part, the 25
Minister must, as soon as practicable after making the 26
decision, give the applicant written notice of the reasons for 27
the decision. 28
`(4) If the Minister grants the licence for part only of the land 29
applied for, the application in so far as it relates to the balance 30
of that land is taken to be rejected. 31
`(5) The licence must be in the approved form and must state-- 32
(a) the identification number of the licence; and 33
s4 9 s4
Mineral Resources and Other Legislation Amendment
Bill 2006
(b) the name of the holder; and 1
(c) the address for service of notices on the holder; and 2
(d) the description of land for which the licence is granted; 3
and 4
(e) the term of and the date the licence starts; and 5
(f) the conditions, other than conditions prescribed by this 6
Act, to which the licence is subject; and 7
(g) state the minerals the subject of the licence. 8
`(6) The chief executive must, within 5 business days after 9
granting or rejecting the application, give the EPA 10
administering authority written notice of the grant or 11
rejection. 12
`231F Initial term of mineral development licence (192) 13
`(1) The initial term of a mineral development licence is for a 14
period of not more than 5 years starting on the first day of the 15
month next following the day the licence is granted. 16
`(2) From the grant of the licence to the start of the initial term, the 17
holder has all the entitlements, powers, duties and functions 18
the holder has during the term of the licence. 19
`(3) Despite section 193, no rent is payable for the period before 20
the initial term starts. 21
`231G Conditions of mineral development licence (194) 22
`(1) A mineral development licence is subject to-- 23
(a) a condition that the holder must carry out the activities, 24
if any, for which the licence was granted and in 25
accordance with this Act and the conditions of the 26
licence and for no other purpose; and 27
(b) a condition that the holder must carry out improvement 28
restoration for the licence; and 29
(c) a condition that the holder, before the licence ends for 30
whatever cause, must remove all equipment and plant on 31
s4 10 s4
Mineral Resources and Other Legislation Amendment
Bill 2006
or in the land comprised in the licence unless otherwise 1
authorised in writing by the Minister; and 2
(d) a condition that without the prior approval in writing of 3
the Minister the holder must not obstruct or interfere 4
with any right of access had at any time during the term 5
of the licence by any person in relation to land the 6
subject of the licence for so long as that right of access 7
is exercised; and 8
(e) a condition that the holder is not to assign or mortgage 9
the licence, or any part of it, unless the Minister is 10
satisfied that any approval or consent required under the 11
Aurukun agreement has been given; and 12
(f) a condition that the holder must, when, and in the way, 13
the Minister requires, give to the Minister-- 14
(i) progress and final reports, accompanied by maps, 15
sections, charts and other data giving full 16
particulars and results of activities carried out on 17
the area stated by the Minister, including details of 18
costs incurred for stated periods within the term of 19
the licence; and 20
(ii) materials obtained because of the holder's 21
activities under the licence; and 22
(g) a condition that the holder-- 23
(i) pays the rental prescribed under a regulation; and 24
(ii) deposit, as required by the Minister, any security 25
from time to time under this Act; and 26
(h) a condition that the holder must comply with this Act 27
and other mining legislation; and 28
(i) any other conditions stated in the Aurukun agreement to 29
be conditions of the licence; and 30
(j) any other conditions decided by the Minister. 31
`(2) The Minister may, from time to time and with the agreement 32
of the holder, vary any condition imposed by the Minister. 33
s4 11 s4
Mineral Resources and Other Legislation Amendment
Bill 2006
`(3) The chief executive must, within 5 business days after the 1
Minister makes a variation under subsection (2), give the EPA 2
administering authority written notice of the variation. 3
`(4) The holder of the licence and all persons acting under the 4
authority of the licence must comply with the conditions for 5
the time being of the licence. 6
`(5) Conditions requiring compliance with stated codes or industry 7
agreements may be imposed on the licence. 8
`(6) Despite subsections (1), (2) and (5), a condition must not be 9
imposed or varied if the condition, or the condition as varied, 10
is the same, or substantially the same, or inconsistent with, a 11
relevant environmental condition for the licence. 12
`231H Renewal of licence (197A) 13
`(1) The Minister may renew a mineral development licence if the 14
Minister is satisfied of each of the following-- 15
(a) the Aurukun agreement has not been terminated; 16
(b) the holder of the licence has complied with-- 17
(i) the licence; and 18
(ii) this Act in relation to the licence; 19
(c) the activities proposed to be undertaken during the 20
renewed term are appropriate; 21
(d) the financial and technical resources available to the 22
holder to carry out the proposed activities during the 23
renewed term are appropriate; 24
(e) the public interest will not be adversely affected by the 25
renewal. 26
`(2) The renewal may be granted for a further term of not more 27
than 5 years decided by the Minister. 28
`(3) The renewed licence is subject to any conditions applying at 29
the end of the earlier term of the licence. 30
`(4) The Minister may refuse to renew the licence if the 31
Minister-- 32
s4 12 s4
Mineral Resources and Other Legislation Amendment
Bill 2006
(a) has served on the holder a notice, in the approved form, 1
asking the holder to show cause, within the period stated 2
in the notice, why the renewal should not be refused; 3
and 4
(b) after considering the holder's response, is satisfied the 5
renewal should be refused. 6
`(5) As soon as practicable after deciding the application for the 7
renewal, the Minister must give the holder a written notice 8
stating-- 9
(a) the decision; and 10
(b) if the decision is to refuse the renewal, the reasons for 11
the decision. 12
`(6) If the Minister renews the licence, the chief executive must 13
give the EPA administering authority a copy of the application 14
within 5 business days after the Minister is satisfied of the 15
matters mentioned in subsection (1). 16
`231I Requirements for assigning or mortgaging mineral 17
development licences (198) 18
`(1) Subsection (2) applies despite section 198. 19
`(2) A mineral development licence, or an interest in a mineral 20
development licence, can not be assigned or mortgaged unless 21
the Minister is satisfied that any approval or consent required 22
under the Aurukun agreement for the assignment or mortgage 23
has been given. 24
`231J Contravention by holder of mineral development 25
licence (209) 26
`In addition to section 209, if the Aurukun agreement has 27
been terminated, the Minister may cancel the licence. 28
`231K Review of decisions 29
`(1) A decision under this Act, in relation to a mineral 30
development licence-- 31
(a) is final and conclusive; and 32
s5 13 s5
Mineral Resources and Other Legislation Amendment
Bill 2006
(b) can not be challenged, appealed against, reviewed, 1
quashed, set aside or called in question in any other way, 2
under the Judicial Review Act 1991 or otherwise 3
(whether by the Supreme Court, another court, a 4
tribunal, an authority or a person); and 5
(c) is not subject to any declaratory, injunctive or other 6
order of the Supreme Court, another court, a tribunal, an 7
authority or a person on any ground. 8
`(2) In this section-- 9
decision includes a decision affected by jurisdictional error.'. 10
Clause 5 Insertion of new pt 7AAA 11
After section 318-- 12
insert-- 13
`Part 7AAA Mining lease for Aurukun 14
project 15
`318AAA Application of pts 7 and 7AAA 16
`(1) This part applies-- 17
(a) only for the granting of, and in relation to, a mining 18
lease for the Aurukun project; and 19
(b) only if the holder of the lease is a party to the Aurukun 20
agreement; and 21
(c) the agreement has not been terminated. 22
`(2) Part 7, except to the extent mentioned in subsection (3), also 23
applies for the granting of, and in relation to, a mining lease 24
for the Aurukun project. 25
`(3) Sections 232, 233, 239, 245, 247, 248, 249, 250, 251, 252, 26
252A, 252B, 252C, 252D, 253, 254, 255, 256, 257, 258, 259, 27
260, 265, 266, 268, 269, 270, 271, 272, 273, 275, 276, 278A, 28
280, 283, 284, 285 and 286A do not apply for the granting of, 29
and in relation to, a mining lease for the Aurukun project. 30
s5 14 s5
Mineral Resources and Other Legislation Amendment
Bill 2006
`(4) Also, a reference in a provision of part 7 to a provision that 1
has been disapplied under subsection (3) is to be disregarded. 2
`318AAB Only eligible person can apply for and hold mining 3
lease (233) 4
`(1) A mining lease under this part can only be applied for and 5
held by the eligible person. 6
`(2) The application and grant of a lease may be made even if the 7
land for the Aurukun project is part of a restricted area. 8
9
Note--
10
The numbers bracketed in the headings to this and other sections of this
11
part are references to corresponding sections in part 7.
`318AAC Alternative way of marking out land proposed to be 12
subject of mining lease (241) 13
`(1) In addition to section 241 the chief executive may approve an 14
alternative method for marking out land proposed to be the 15
subject of a mining lease. 16
`(2) If an alternative method is approved, sections 242 and 244 do 17
not apply. 18
`318AAD Application for grant of mining lease (245) 19
`An application for the grant of a mining lease must-- 20
(a) be in the approved form; and 21
(b) identify, in the way prescribed under a regulation, the 22
boundaries of the land applied for; and 23
(c) describe and identify, in the way prescribed under a 24
regulation, any land proposed to be used as access from 25
a point outside the boundary of the lease acceptable to 26
the mining registrar to land over which the lease is 27
sought; and 28
(d) be accompanied by a sketch, map or other graphic 29
representation acceptable to the mining registrar setting 30
out the boundaries of any land referred to in paragraphs 31
(b) and (c); and 32
s5 15 s5
Mineral Resources and Other Legislation Amendment
Bill 2006
(e) nominate the term of the lease sought and give reasons 1
for the term; and 2
(f) be lodged at the office of the mining registrar, for the 3
mining district in which the land is situated, during the 4
business hours for that office; and 5
(g) be accompanied by-- 6
(i) a statement, acceptable to the mining registrar 7
outlining the mining program proposed, outlining 8
its method of operation, and providing an 9
indication of when operations are expected to start; 10
and 11
(ii) a statement, acceptable to the mining registrar of 12
proposals for infrastructure requirements necessary 13
to enable the mining program to proceed, or 14
additional activities to be carried on to work out 15
the infrastructure requirements; and 16
(iii) the application fee prescribed under a regulation. 17
`318AAE Additional matters for application (252) 18
`(1) The mining registrar must endorse on the application-- 19
(a) the number of the proposed mining lease; and 20
(b) the date and time the application was lodged. 21
`(2) The mining registrar must, within 5 business days after the 22
application is lodged, give a copy of it to the EPA 23
administering authority. 24
`(3) In addition to section 246, the chief executive may approve an 25
alternative method for describing a mining lease in the 26
application. 27
`318AAF Mining lease must include all surface of land (273) 28
`A mining lease over land must not be granted unless it 29
includes the whole of the surface of the land. 30
s5 16 s5
Mineral Resources and Other Legislation Amendment
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`318AAG Holder of a mining lease to mark boundary posts 1
(274) 2
`In addition to section 274, the chief executive may approve 3
an alternative method for marking boundary posts. 4
`318AAH General conditions of mining lease (276) 5
`(1) Each mining lease is subject to-- 6
(a) a condition that the holder must use the land comprised 7
in the lease for the purpose for which the lease was 8
granted and in accordance with this Act and the 9
conditions of the lease and for no other purpose; and 10
(b) a condition that the holder must carry out improvement 11
restoration for the lease; and 12
(c) a condition that the holder, before the end of the lease 13
for whatever cause, must remove any building or 14
structure purported to be erected under the authority of 15
the lease and all mining equipment and plant, on or in 16
the land comprised in the lease unless otherwise 17
approved by the Minister; and 18
(d) a condition that without the prior approval of the 19
Minister the holder must not obstruct or interfere with 20
any right of access had by any person in relation to land 21
the subject of the lease; and 22
(e) a condition that the holder is not to assign, mortgage or 23
sublease the lease, or any part of it, unless the Minister 24
is satisfied that any approval or consent required under 25
the Aurukun agreement has been given; and 26
(f) a condition that the holder give, in the way prescribed 27
under a regulation, all reports, returns, documents and 28
statements prescribed under a regulation; and 29
(g) a condition that the holder give materials obtained under 30
the holder's mining operations to the Minister at the 31
times, in the way and in quantities the Minister 32
reasonably requires by written notice to the holder; and 33
(h) if the lease is over land that is a reserve--a condition 34
that the holder comply with the terms and conditions on 35
s5 17 s5
Mineral Resources and Other Legislation Amendment
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which the consent of the owner or the Governor in 1
Council to the grant of the lease was given; and 2
(i) a condition that the holder maintain, during the term of 3
the lease, the marking out of the land, the subject of the 4
lease, including any survey pegs but that boundary posts 5
or cairns need not be maintained after the land has been 6
surveyed; and 7
(j) a condition that the holder make all payments of 8
compensation and comply with all terms of any 9
agreement or determination relating to compensation at 10
the time or times agreed or determined under sections 11
279, 281 or 282; and 12
(k) a condition that the holder-- 13
(i) pay the rental prescribed under a regulation; and 14
(ii) pay the royalty prescribed under a regulation; and 15
(iii) pay all local government rates and charges lawfully 16
chargeable against the holder for the land 17
comprised in the lease; and 18
(iv) deposit, as required by the Minister, any security 19
from time to time under this Act; and 20
(l) a condition that the holder comply with this Act and 21
other mining legislation; and 22
(m) any other conditions stated in the Aurukun agreement to 23
be conditions of the lease; and 24
(n) any other conditions decided by the Governor in 25
Council. 26
`(2) Each mining lease may be subject to a condition that mining 27
operations under the lease commence within a stated period 28
after its grant. 29
`(3) Conditions requiring compliance with stated codes or industry 30
agreements may be imposed for each mining lease. 31
`(4) Despite subsections (1) to (3), a condition must not be 32
imposed if it is the same, or substantially the same, or 33
inconsistent with, a relevant environmental condition for the 34
lease. 35
s5 18 s5
Mineral Resources and Other Legislation Amendment
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`318AAI Initial term of mining lease (284) 1
`(1) The initial term of a mining lease is for the period approved 2
by the Governor in Council, starting on the first day of the 3
month next following the day on which the lease is granted. 4
`(2) From the grant of the lease to the start of the initial term the 5
holder has all the entitlements, powers, duties and functions 6
that the holder has during the term of the lease. 7
`(3) Despite subsection (2), no rent is payable for the period before 8
the initial term starts. 9
`318AAJ Renewal of lease (286A) 10
`(1) This section applies-- 11
(a) despite section 318AAA; and 12
(b) if the Aurukun agreement has not been terminated 13
before the application for the renewal of a mining lease 14
is made. 15
`(2) Section 286A, other than subsections (1)(h) and (2), applies to 16
the renewal. 17
`318AAK Requirements for assigning, mortgaging or 18
subleasing mining leases (300) 19
`(1) Subsection (2) applies despite section 300. 20
`(2) A mining lease, or an interest in a mining lease, can not be 21
assigned, mortgaged or subleased unless the Minister is 22
satisfied that any approval or consent required under the 23
Aurukun agreement for the assignment, mortgage or sublease 24
has been given. 25
`318AAL Contravention by holder of mining lease (308) 26
`In addition to section 308, if the Aurukun agreement has 27
been terminated, the Minister may cancel the lease. 28
s6 19 s6
Mineral Resources and Other Legislation Amendment
Bill 2006
`318AAM Limitation on surrender of mining lease (309) 1
`(1) This section applies if the holder of a mining lease wishes to 2
surrender the lease. 3
`(2) Despite section 318AAA, section 309 does not apply unless 4
the Minister is satisfied the holder has fully discharged its 5
obligations under the Aurukun agreement.'. 6
Clause 6 Amendment of schedule (Dictionary) 7
(1) Schedule, definitions eligible person, mineral development 8
licence and mining lease-- 9
omit. 10
(2) Schedule-- 11
insert-- 12
`Aurukun agreement means the agreement between the State 13
and the person selected by the State to develop the Aurukun 14
project. 15
Aurukun project-- 16
1 Aurukun project means the project for the extraction, 17
transportation and processing of bauxite on land that is 18
more or less the land described as `restricted area 315' 19
(RA315) under this Act. 20
2 Aurukun project includes the construction and operation 21
of works, including, for example, mining equipment, 22
electricity generation plants and related distribution 23
infrastructure, pipelines, telecommunications 24
infrastructure, water storage and distribution 25
infrastructure, buildings, conveyors, roads or railways 26
on land near Aurukun and Weipa. 27
eligible person means-- 28
(a) other than for parts 6A and 7AAA-- 29
(i) an adult; or 30
(ii) a company; or 31
s7 20 s8
Mineral Resources and Other Legislation Amendment
Bill 2006
(iii) a local government that acquires a mining claim or 1
mining lease under the Local Government Act 2
1993, chapter 14, part 7; or 3
(iv) an educational institution the Minister treats as an 4
eligible person under section 7; and 5
(b) for part 6A--the person who is the party to the Aurukun 6
agreement with the State; and 7
(c) for part 7AAA--the person who is the holder of a 8
mineral development licence under part 6A. 9
mineral development licence, means-- 10
(a) for part 6A--a mineral development licence under part 11
6A; and 12
(b) other than for part 6A--a mineral development licence 13
under part 6 or part 6A. 14
mining lease means-- 15
(a) for part 7AAA--a mining lease under part 7AAA; or 16
(b) other than for part 7AAA--a mining lease under part 7 17
or part 7AAA.'. 18
Part 3 Amendment of Local 19
Government (Aboriginal Lands) 20
Act 1978 21
Clause 7 Act amended in pt 3 22
This part amends the Local Government (Aboriginal Lands) 23
Act 1978. 24
Clause 8 Amendment of s 27 (Mineral rights in shires) 25
Section 27(2)-- 26
omit. 27
s9 21 s 12
Mineral Resources and Other Legislation Amendment
Bill 2006
Part 4 Amendment of Petroleum and 1
Gas (Production and Safety) 2
Act 2004 3
Clause 9 Act amended in pt 4 4
This part amends the Petroleum and Gas (Production and 5
Safety) Act 2004. 6
Clause 10 Amendment of s 5 (Application of Act to coastal waters of 7
the State) 8
After section 5(2)-- 9
insert-- 10
11
`Note--
12
The definition of the adjacent area in the Petroleum (Submerged Lands)
13
Act 1982, section 4(1) is extended for pipelines under that Act, part 3,
14
division 4. The provisions effectively cover pipelines in the coastal
15
waters of the State.'.
Part 5 Amendment of Petroleum 16
(Submerged Lands) Act 1982 17
Clause 11 Act amended in pt 5 18
This part amends the Petroleum (Submerged Lands) Act 1982. 19
Clause 12 Amendment of s 4 (Definitions) 20
(1) Section 4(1), definition the adjacent area, paragraph (c)-- 21
omit. 22
(2) Section 4(1), definition the adjacent area, `subject to 23
subsection (3)'-- 24
omit, insert-- 25
s 13 22 s 14
Mineral Resources and Other Legislation Amendment
Bill 2006
`for part 3, division 4 and a pipeline to which that division 1
applies'. 2
(3) Section 4(3)-- 3
omit. 4
Clause 13 Amendment of s 4 (Definitions) 5
(1) Section 4(1), definitions Commonwealth adjacent area, for a 6
State, other than Queensland, or for the Northern Territory 7
and Commonwealth adjacent area, for Queensland-- 8
omit. 9
(2) Section 4(1)-- 10
insert-- 11
`Commonwealth offshore area, for a State other than 12
Queensland, or for the Northern Territory, means the offshore 13
area of the State or Territory for the purposes of the Offshore 14
Petroleum Act 2006 (Cwlth). 15
Commonwealth offshore area, for Queensland means the 16
offshore area of Queensland under the Offshore Petroleum Act 17
2006 (Cwlth), section 7, including the Coral Sea area within 18
the meaning of that section.'. 19
(3) Section 4(1), definition Commonwealth Act, `Petroleum 20
(Submerged Lands) Act 1967'-- 21
omit, insert-- 22
`Offshore Petroleum Act 2006'. 23
Clause 14 Amendment of s 5 (Effect of territorial sea baseline 24
changes on pipeline licence) 25
Section 5(1)(c)(ii), `adjacent'-- 26
omit, insert-- 27
`offshore'. 28
s 15 23 s 19
Mineral Resources and Other Legislation Amendment
Bill 2006
Clause 15 Amendment of s 9 (Definitions for div 2) 1
Section 9, definition Commonwealth Act, paragraphs (a) to 2
(c)-- 3
omit, insert-- 4
`(a) the Offshore Petroleum Act 2006 (Cwlth); or 5
(b) the Offshore Petroleum (Registration Fees) Act 2006 6
(Cwlth); or 7
(c) Offshore Petroleum (Safety Levies) Act 2006 (Cwlth); or 8
(d) Offshore Petroleum (Royalty) Act 2006 (Cwlth).'. 9
Clause 16 Amendment of s 11 (Minister as Designated Authority) 10
Section 11, `adjacent'-- 11
omit, insert-- 12
`offshore'. 13
Clause 17 Amendment of s 12 (Delegations under Commonwealth 14
Act) 15
Section 12, `adjacent'-- 16
omit, insert-- 17
`offshore'. 18
Clause 18 Amendment of s 13 (Public servants performing 19
functions under Commonwealth Act) 20
Section 13, `adjacent'-- 21
omit, insert-- 22
`offshore'. 23
Clause 19 Amendment of s 59 (Unit development) 24
Section 59(11)(b), `Commonwealth adjacent area'-- 25
s 20 24 s 23
Mineral Resources and Other Legislation Amendment
Bill 2006
omit, insert-- 1
`Commonwealth offshore area'. 2
Part 6 Amendment of State 3
Development and Public Works 4
Organisation Act 1971 5
Clause 20 Act amended in pt 6 6
This part amends the State Development and Public Works 7
Organisation Act 1971. 8
Clause 21 Amendment of schedule (Dictionary) 9
Schedule, definition local body-- 10
insert-- 11
`(d) a corporation whose shares are wholly owned by-- 12
(i) the State; or 13
(ii) the State and 1 or more local governments; or 14
(iii) 1 or more local governments.'. 15
Part 7 Amendment of Wild Rivers Act 16
2005 17
Clause 22 Act amended in pt 7 18
This part amends the Wild Rivers Act 2005. 19
Clause 23 Amendment of s 46 (Meaning of Aurukun project) 20
Section 46(1)-- 21
s 23 25 s 23
Mineral Resources and Other Legislation Amendment
Bill 2006
omit, insert-- 1
`(1) The Aurukun project means the project for the extraction, 2
transportation and processing of bauxite on land that is more 3
or less the land described as `restricted area 315' (RA315) 4
under this Act.'. 5
© State of Queensland 2006
AMENDMENTS TO BILL
1
Mineral Resources and Other Legislation Amendment
Bill 2006
Mineral Resources and Other Legislation
Amendment Bill 2006
Amendment agreed to during Consideration
1 Clause 21--
At page 24, line 15--
omit, insert--
`(iii) 1 or more local governments; or
(e) a corporation whose shares are wholly owned by--
(i) a corporation of the type mentioned in paragraph
(d); and
(ii) 1 or more local governments.'.'.
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