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Queensland
Wild Rivers Bill 2005
Queensland
Wild Rivers Bill 2005
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Notes in text . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
5 Purpose of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
6 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Part 2 Wild river areas
Division 1 Declaring wild river areas
7 Minister may declare wild river areas . . . . . . . . . . . . . . . . . . . . . . 8
8 Public notice of intention to declare wild river area . . . . . . . . . . . 8
9 Moratorium period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
10 Application of moratorium. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
11 Public notice about declaration proposal . . . . . . . . . . . . . . . . . . . 10
12 Content of declaration proposal . . . . . . . . . . . . . . . . . . . . . . . . . . 11
13 Matters Minister must consider . . . . . . . . . . . . . . . . . . . . . . . . . . 12
14 Content of wild river declaration . . . . . . . . . . . . . . . . . . . . . . . . . . 13
15 Deciding whether to make declaration . . . . . . . . . . . . . . . . . . . . . 14
16 Approval of wild river declaration . . . . . . . . . . . . . . . . . . . . . . . . . 14
17 Effect of declaration on activities and taking natural resources . . 14
18 Applications received but not decided . . . . . . . . . . . . . . . . . . . . . 15
Division 2 Amending wild river declarations
19 Amending a wild river declaration . . . . . . . . . . . . . . . . . . . . . . . . 16
20 Public notice of intention to amend wild river declaration. . . . . . . 16
21 Moratorium period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
22 Application of moratorium. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
23 Public notice about amendment proposal . . . . . . . . . . . . . . . . . . 17
2
Wild Rivers Bill 2005
24 Content of amendment proposal . . . . . . . . . . . . . . . . . . . . . . . . . 18
25 Matters Minister must consider . . . . . . . . . . . . . . . . . . . . . . . . . . 18
26 Content of wild river amendment declaration . . . . . . . . . . . . . . . . 19
27 Deciding whether to make amendment declaration . . . . . . . . . . . 19
28 Approval of wild river amendment declaration . . . . . . . . . . . . . . . 19
29 Effect of amendment declaration on activities and taking natural
resources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
30 Applications received but not decided . . . . . . . . . . . . . . . . . . . . . 20
31 Minor amendments of wild river declaration . . . . . . . . . . . . . . . . . 21
Division 3 Revoking wild river declarations
32 Revoking a wild river declaration . . . . . . . . . . . . . . . . . . . . . . . . . 21
33 Deciding whether to revoke declaration . . . . . . . . . . . . . . . . . . . . 22
34 Approval of revocation of wild river declaration . . . . . . . . . . . . . . 22
35 Effect of revocation on activities and taking natural resources. . . 23
36 Effect of revocation on applications received but not decided . . . 23
Division 4 Miscellaneous
37 Relationship with water resource plans . . . . . . . . . . . . . . . . . . . . 24
38 Minister must prepare report on consultation process . . . . . . . . . 24
39 Copies of documents to be available for public inspection . . . . . . 24
40 Report by Minister on wild river declarations . . . . . . . . . . . . . . . . 26
Part 3 Activities and taking natural resources in wild river areas
41 Classification of wild river area into high preservation area and
preservation area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
42 Effect of classification on particular development applications. . . 27
43 Effect of declaration on particular development applications . . . . 28
44 Relationship with other Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Part 4 Exemption of particular projects from application of Act
45 Exemption of projects from application of this Act . . . . . . . . . . . . 29
46 Meaning of Aurukun project . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
47 Meaning of PNG pipeline project . . . . . . . . . . . . . . . . . . . . . . . . . 29
Part 5 Miscellaneous
48 Meaning of specified works . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
49 Delegation by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
50 Delegation by chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
51 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Part 6 Amendments of other Acts
52 Other Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
3
Wild Rivers Bill 2005
Schedule 1 Consequential and minor amendments of other Acts . . . . . . 32
Coastal Protection and Management Act 1995 . . . . . . . . . . . . . . 32
Environmental Protection Act 1994 . . . . . . . . . . . . . . . . . . . . . . . 33
Fisheries Act 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
Forestry Act 1959 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
Fossicking Act 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
Integrated Planning Act 1997 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
Land Protection (Pest and Stock Route Management) Act 2002 . 54
Mineral Resources Act 1989 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
Nature Conservation Act 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
State Development and Public Works Organisation Act 1971 . . . 57
Transport Infrastructure Act 1994 . . . . . . . . . . . . . . . . . . . . . . . . . 59
Vegetation Management Act 1999 . . . . . . . . . . . . . . . . . . . . . . . . 60
Water Act 2000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
Schedule 2 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
2005
A Bill
for
An Act to provide for the preservation of the natural values of
wild rivers, and for related purposes
s1 6 s5
Wild Rivers Bill 2005
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
1 Short title 3
This Act may be cited as the Wild Rivers Act 2005. 4
2 Commencement 5
This Act commences on a day to be fixed by proclamation. 6
3 Definitions 7
The dictionary in schedule 2 defines particular words used in 8
this Act. 9
4 Notes in text 10
A note in the text of this Act is part of the Act. 11
5 Purpose of Act 12
(1) The purpose of this Act is to preserve the natural values of 13
rivers that have all, or almost all, of their natural values intact. 14
(2) The purpose is to be achieved mainly by establishing a 15
framework that includes the declaration of wild river areas 16
that will or may include the following-- 17
(a) high preservation areas; 18
(b) preservation areas; 19
(c) floodplain management areas; 20
(d) subartesian management areas. 21
(3) Through the framework mentioned in subsection (2), this Act 22
and other Acts achieve the purpose mentioned in 23
subsection (1) by-- 24
s6 7 s6
Wild Rivers Bill 2005
(a) providing for the regulation of particular activities and 1
taking of natural resources in a wild river and its 2
catchment to preserve the wild river's natural values; 3
and 4
(b) having a precautionary approach to minimise adverse 5
effects on known natural values and reduce the 6
possibility of adversely affecting poorly understood 7
ecological functions; and 8
(c) treating a wild river and its catchment as a single entity, 9
linking the condition of the river to the health of the 10
catchment; and 11
(d) considering the effect of individual activities and taking 12
of natural resources on a wild river's natural values; and 13
(e) considering the cumulative effect of activities and taking 14
of natural resources affecting a wild river area when 15
further activities or taking are proposed; and 16
(f) if a wild river crosses a State border--working with the 17
other State to encourage preservation of the wild rivers' 18
natural values in the other State. 19
6 Act binds all persons 20
(1) This Act binds all persons, including the State and, to the 21
extent the legislative power of the Parliament permits, the 22
Commonwealth and the other States. 23
(2) However, the Commonwealth or a State can not be prosecuted 24
for an offence against this Act. 25
s7 8 s9
Wild Rivers Bill 2005
Part 2 Wild river areas 1
Division 1 Declaring wild river areas 2
7 Minister may declare wild river areas 3
The Minister may declare a part of the State to be a wild river 4
area. 5
6
Note--
7
See section 16 for when a declaration has effect.
8 Public notice of intention to declare wild river area 8
(1) If the Minister intends to declare a part of the State to be a 9
wild river area, the Minister must publish a notice of the 10
Minister's intention (a notice of intent). 11
(2) The notice of intent must state-- 12
(a) the reasons for the proposed declaration; and 13
(b) the name of the proposed wild river; and 14
(c) the area proposed to be declared a wild river area; and 15
(d) the areas proposed to be declared the high preservation 16
area and the preservation area; and 17
(e) a description of the moratorium that will have effect 18
under section 10 during the moratorium period; and 19
(f) where further information about the proposed 20
declaration may be obtained. 21
(3) The notice of intent may propose to declare more than 1 river 22
in the proposed wild river area to be a wild river. 23
9 Moratorium period 24
For a notice of intent, the moratorium period is the following 25
period-- 26
(a) from the later of the following-- 27
s 10 9 s 10
Wild Rivers Bill 2005
(i) the day stated in the notice as the start of the 1
moratorium; 2
(ii) the day the notice is published; 3
(b) until the earlier of the following-- 4
(i) the day the wild river declaration for the proposed 5
wild river area has effect; 6
(ii) the day the Minister decides under section 15 not 7
to make a declaration. 8
10 Application of moratorium 9
(1) During the moratorium period, a moratorium has effect in the 10
way stated in subsections (2) to (5) in the proposed wild river 11
area. 12
(2) For the Water Act 2000, the notice of intent is taken to be a 13
moratorium notice and, to the extent stated in the notice-- 14
(a) an application for the grant of a water entitlement for 15
taking water in a watercourse, lake or spring, or taking 16
overland flow water or subartesian water, in the 17
proposed wild river area, will not be accepted or, if 18
received before the moratorium period and not decided, 19
will not be decided if granting the application would 20
have 1 or more of the effects mentioned in that Act, 21
section 26(2)(a) to (f); and 22
(b) new works must not be started and completed works 23
must not be raised, enlarged, deepened or changed if the 24
works would have an effect mentioned in that Act, 25
section 26(5)(a) to (d). 26
(3) For the Vegetation Management Act 1999, section 22A(2A) 27
the proposed high preservation area is taken to be a high 28
preservation area. 29
(4) For the Mineral Resources Act 1989, an application for the 30
grant of a mining tenement, or an application for the renewal 31
of a mining tenement, other than a mining claim, in either of 32
the following parts of the proposed wild river area, will not be 33
accepted or, if received before the moratorium period and not 34
decided, will not be decided-- 35
s 11 10 s 11
Wild Rivers Bill 2005
(a) the proposed high preservation area; 1
(b) a watercourse or lake in the proposed preservation area. 2
(5) Subsection (4) does not apply to an application-- 3
(a) in relation to the project for which a special agreement 4
Act was enacted; and 5
(b) allowed, under the special agreement Act, to be made. 6
11 Public notice about declaration proposal 7
(1) As soon as practicable after publishing the notice of intent, the 8
Minister must-- 9
(a) prepare a proposal (a declaration proposal) for the 10
proposed wild river area; and 11
(b) publish a notice about the declaration proposal (a 12
declaration proposal notice). 13
(2) The declaration proposal notice must state-- 14
(a) the proposed wild river area to which the declaration 15
proposal notice relates; and 16
(b) where copies of the declaration proposal are available 17
for inspection and purchase; and 18
(c) that written submissions may be made by any entity 19
about the declaration proposal; and 20
(d) the day by which submissions must be made, and the 21
person to whom, and the place where, the submissions 22
must be made. 23
(3) The day stated under subsection (2)(d) must not be earlier 24
than 20 business days after the day the declaration proposal 25
notice is published. 26
(4) If the Minister has prepared the declaration proposal before 27
publishing the notice of intent for the proposed wild river 28
area, the matters mentioned in subsection (2) may be included 29
in the notice of intent. 30
s 12 11 s 12
Wild Rivers Bill 2005
12 Content of declaration proposal 1
(1) The declaration proposal may include, but is not limited to, 2
the following information-- 3
(a) a description of the proposed wild river and wild river 4
area; 5
(b) the natural values the proposed wild river declaration is 6
intended to preserve; 7
(c) details of any special features of the proposed wild river 8
area; 9
(d) the location of the proposed high preservation area and 10
preservation area; 11
(e) the location of any proposed floodplain management 12
area; 13
(f) the location of any proposed subartesian management 14
area; 15
(g) details of the major tributaries of the proposed wild 16
river; 17
(h) the way in which the moratorium has effect for the 18
proposed wild river area; 19
(i) any carrying out of activities or taking of natural 20
resources proposed to be prohibited or regulated in the 21
proposed wild river area; 22
(j) the matters that must be considered in deciding whether 23
to allow the carrying out of an activity or the taking of a 24
natural resource in the proposed wild river area; 25
(k) the types of works for taking overland flow water in the 26
proposed wild river area that are intended to be 27
assessable or self-assessable development under the 28
Integrated Planning Act 1997; 29
(l) the types of works for interfering with overland flow 30
water in any floodplain management area in the 31
proposed wild river area that are intended to be 32
assessable or self-assessable development under the 33
Integrated Planning Act 1997; 34
(m) the types of works for taking subartesian water in any 35
subartesian management area in the proposed wild river 36
s 13 12 s 13
Wild Rivers Bill 2005
area that are intended to be assessable or self-assessable 1
development under the Integrated Planning Act 1997; 2
(n) the proposed threshold limits and codes, including codes 3
for IDAS, for carrying out activities and taking natural 4
resources in the proposed wild river area; 5
(o) a process for granting, reserving or otherwise dealing 6
with unallocated water in the proposed wild river area; 7
(p) details of the community consultation that will take 8
place on the declaration proposal; 9
(q) where a detailed map of the proposed wild river area, 10
showing the proposed wild river and the information 11
mentioned in paragraphs (c) to (g), may be obtained; 12
(r) where further information about the proposed 13
declaration may be obtained. 14
(2) The declaration proposal may propose to declare more 15
than 1 river in the proposed wild river area to be a wild river. 16
13 Matters Minister must consider 17
(1) In preparing a wild river declaration, the matters the Minister 18
must consider include-- 19
(a) the results of community consultation on the declaration 20
proposal; and 21
(b) all properly made submissions about the declaration 22
proposal; and 23
(c) any water resource plan or resource operations plan that 24
applies to all or part of the proposed wild river area. 25
(2) To the extent a water resource plan or a resource operations 26
plan applies to all or part of the proposed wild river area, the 27
wild river declaration must not be inconsistent with the water 28
resource plan or the resource operations plan other than in 29
relation to the matters mentioned in section 14(1)(h) to (l) 30
and (2). 31
(3) Subsection (1) does not limit the matters the Minister may 32
consider. 33
s 14 13 s 14
Wild Rivers Bill 2005
14 Content of wild river declaration 1
(1) A wild river declaration must include, but is not limited to, the 2
following information-- 3
(a) a description of the wild river and wild river area; 4
(b) details of any special features of the area; 5
(c) the location of the high preservation area and 6
preservation area; 7
(d) the location of any floodplain management area; 8
(e) the location of any subartesian management area; 9
(f) the major tributaries of the wild river; 10
(g) any carrying out of activities or taking of natural 11
resources that are prohibited or regulated in the wild 12
river area; 13
(h) the matters that must be considered in deciding whether 14
to allow the carrying out of an activity or the taking of a 15
natural resource in the wild river area; 16
(i) the types of works for taking overland flow water in the 17
wild river area that are assessable or self-assessable 18
development under the Integrated Planning Act 1997; 19
(j) if there is a floodplain management area in the wild river 20
area--the types of works for interfering with overland 21
flow water in the floodplain management area that are 22
assessable or self-assessable development under the 23
Integrated Planning Act 1997; 24
(k) if there is a subartesian management area in the wild 25
river area--the types of works for taking subartesian 26
water in the subartesian management area that are 27
assessable or self-assessable development under the 28
Integrated Planning Act 1997; 29
(l) the threshold limits and codes, including codes for 30
IDAS, for carrying out activities or taking natural 31
resources in the wild river area; 32
(m) where a detailed map of the wild river area, showing the 33
wild river and the areas mentioned in paragraphs (b) 34
to (f), may be obtained. 35
s 15 14 s 17
Wild Rivers Bill 2005
(2) A wild river declaration may include a process for granting, 1
reserving or otherwise dealing with unallocated water in the 2
wild river area. 3
(3) A wild river declaration may include more than 1 wild river in 4
the wild river area. 5
15 Deciding whether to make declaration 6
(1) After considering the matters mentioned in section 13 and any 7
other matters the Minister considers appropriate, the Minister 8
may-- 9
(a) declare the area to be a wild river area; or 10
(b) decide not to proceed with declaration of the wild river 11
area. 12
(2) If the Minister decides not to proceed with the declaration, the 13
Minister must publish a notice advising the decision and the 14
reasons for the decision. 15
16 Approval of wild river declaration 16
(1) The Governor in Council may, by gazette notice, approve the 17
declaration of a wild river area. 18
(2) The declaration has effect when-- 19
(a) the declaration is approved by the Governor in Council; 20
and 21
(b) the approval is notified in the gazette. 22
(3) The Minister must table a copy of the declaration in the 23
Legislative Assembly within 14 sitting days after the 24
declaration is approved. 25
17 Effect of declaration on activities and taking natural 26
resources 27
(1) This section applies if, immediately before a wild river 28
declaration for a wild river area takes effect, a person is-- 29
(a) carrying out an activity or taking a natural resource in 30
the area under another Act or law (an authorisation); or 31
s 18 15 s 18
Wild Rivers Bill 2005
(b) authorised by either of the following (also an 1
authorisation) to carry out an activity or take a natural 2
resource in the area-- 3
(i) a licence, permit or other approval document held 4
by the person under another Act or law; 5
(ii) a special agreement Act. 6
(2) Subsection (3) applies despite-- 7
(a) any other provision of this Act; or 8
(b) any provision of another Act to the extent it regulates or 9
prohibits the carrying out of an activity or the taking of a 10
natural resource because of a declaration or a 11
moratorium under this Act. 12
(3) The person may continue, or start and continue, to carry out 13
the activity or take the natural resource under the 14
authorisation as if the declaration had not been made. 15
18 Applications received but not decided 16
(1) This section applies to an application under any Act, in 17
relation to the carrying out of an activity or the taking of a 18
natural resource in a wild river area, received but not decided 19
before a wild river declaration for the area takes effect, other 20
than an application to which a moratorium under section 10(2) 21
or (4) applies. 22
(2) Subsection (3) applies despite-- 23
(a) any other provision of this Act; or 24
(b) any provision of another Act to the extent it regulates or 25
prohibits the carrying out of an activity or the taking of a 26
natural resource because of a declaration or a 27
moratorium under this Act. 28
(3) The application must be decided as if the declaration had not 29
been made. 30
s 19 16 s 21
Wild Rivers Bill 2005
Division 2 Amending wild river declarations 1
19 Amending a wild river declaration 2
(1) The Minister may amend a wild river declaration. 3
(2) Without limiting subsection (1), the Minister must amend the 4
declaration if the Minister is satisfied the purpose of this Act 5
is not being met in the wild river area to which the declaration 6
relates. 7
8
Note--
9
See section 28 for when an amendment of a declaration has effect.
20 Public notice of intention to amend wild river declaration 10
(1) If the Minister intends to amend a wild river declaration, the 11
Minister must publish a notice of the Minister's intention (a 12
notice of intent). 13
(2) The notice of intent must state-- 14
(a) the wild river declaration to which the notice relates; 15
and 16
(b) the reasons for, and details of, the proposed amendment; 17
and 18
(c) a description of the moratorium that will have effect 19
under section 22 during the moratorium period; and 20
(d) where further information about the proposed 21
amendment may be obtained. 22
21 Moratorium period 23
For a notice of intent, the moratorium period is the following 24
period-- 25
(a) from the later of the following-- 26
(i) the day stated in the notice as the start of the 27
moratorium; 28
(ii) the day the notice is published; 29
(b) until the earlier of the following-- 30
s 22 17 s 23
Wild Rivers Bill 2005
(i) the day the wild river amendment declaration has 1
effect; 2
(ii) the day the Minister decides under section 27 not 3
to make an amendment declaration. 4
22 Application of moratorium 5
During the moratorium period, a moratorium has effect in the 6
wild river area, and any area proposed to be included in the 7
wild river area, in the way stated in section 10(2) to (5) but 8
only to the extent stated in the notice of intent. 9
23 Public notice about amendment proposal 10
(1) As soon as practicable after publishing the notice of intent, the 11
Minister must-- 12
(a) prepare a proposal (an amendment proposal) for the 13
wild river declaration; and 14
(b) publish a notice about the amendment proposal (an 15
amendment proposal notice). 16
(2) The amendment proposal notice must state-- 17
(a) the wild river declaration to which the amendment 18
proposal notice relates; and 19
(b) where copies of the amendment proposal are available 20
for inspection and purchase; and 21
(c) that written submissions may be made by any entity 22
about the amendment proposal; and 23
(d) the day by which submissions must be made, and the 24
person to whom, and the place where, the submissions 25
must be made. 26
(3) The day stated under subsection (2)(d) must not be earlier 27
than 20 business days after the day the amendment proposal 28
notice is published. 29
(4) If the Minister has prepared the amendment proposal before 30
publishing the notice of intent for the proposed amendment, 31
the matters mentioned in subsection (2) may be included in 32
the notice of intent. 33
s 24 18 s 25
Wild Rivers Bill 2005
24 Content of amendment proposal 1
The amendment proposal may include, but is not limited to, 2
the following information-- 3
(a) the wild river declaration to which the amendment 4
proposal relates; 5
(b) the reasons for the proposed amendment; 6
(c) details of the proposed amendment including-- 7
(i) any changes to the existing boundaries of the parts 8
of the wild river area; or 9
(ii) any addition of an area to, or removal of an area 10
from, the wild river area; or 11
(iii) any amalgamation of the wild river area with 12
another wild river area or part of an area; 13
(d) any carrying out of activities or taking of natural 14
resources that will be affected by the proposed 15
amendment and how they will be affected; 16
(e) if a moratorium has effect in the wild river area--the 17
way in which it has effect; 18
(f) details of the community consultation that will take 19
place on the amendment proposal; 20
(g) where further information about the proposed 21
amendment may be obtained. 22
25 Matters Minister must consider 23
(1) In preparing a wild river amendment declaration, the matters 24
the Minister must consider include-- 25
(a) the results of community consultation on the 26
amendment proposal; and 27
(b) all properly made submissions about the amendment 28
proposal; and 29
(c) any water resource plan or resource operations plan that 30
applies to all or part of the wild river area. 31
(2) To the extent a water resource plan or a resource operations 32
plan applies to all or part of the wild river area, the 33
s 26 19 s 28
Wild Rivers Bill 2005
amendment declaration must not be inconsistent with the 1
water resource plan or the resource operations plan other than 2
in relation to the matters mentioned in section 14(1)(h) to (l) 3
and (2). 4
(3) Subsection (1) does not limit the matters the Minister may 5
consider. 6
26 Content of wild river amendment declaration 7
A wild river amendment declaration must include, but is not 8
limited to, the following information-- 9
(a) the wild river declaration to which the amendment 10
relates; 11
(b) details of the amendment to the declaration including-- 12
(i) any changes to the existing boundaries of the parts 13
of the wild river area; or 14
(ii) any addition of an area to, or removal of an area 15
from, the wild river area; or 16
(iii) any amalgamation of the wild river area with 17
another wild river area or part of an area. 18
27 Deciding whether to make amendment declaration 19
(1) After considering the matters mentioned in section 25 and any 20
other matters the Minister considers appropriate, the Minister 21
may-- 22
(a) declare an amendment to the wild river declaration; or 23
(b) decide not to proceed with declaration of the 24
amendment. 25
(2) If the Minister decides not to proceed with the declaration, the 26
Minister must publish a notice advising the decision and the 27
reasons for the decision. 28
28 Approval of wild river amendment declaration 29
(1) The Governor in Council may, by gazette notice, approve the 30
amendment of a wild river declaration. 31
s 29 20 s 30
Wild Rivers Bill 2005
(2) The amendment has effect when-- 1
(a) the amendment is approved by the Governor in Council; 2
and 3
(b) the approval is notified in the gazette. 4
(3) The Minister must table a copy of the amendment declaration 5
in the Legislative Assembly within 14 sitting days after the 6
declaration is approved. 7
29 Effect of amendment declaration on activities and taking 8
natural resources 9
(1) This section applies if, immediately before an amendment of a 10
wild river declaration for a wild river area takes effect, a 11
person is-- 12
(a) carrying out an activity or taking a natural resource in 13
the area under another Act or law (an authorisation); or 14
(b) authorised by either of the following (also an 15
authorisation) to carry out an activity or take a natural 16
resource in the area-- 17
(i) a licence, permit or other approval document held 18
by the person under another Act or law; 19
(ii) a special agreement Act. 20
(2) Subsection (3) applies despite-- 21
(a) any other provision of this Act; or 22
(b) any provision of another Act to the extent it regulates or 23
prohibits the carrying out of an activity or the taking of a 24
natural resource because of a declaration or a 25
moratorium under this Act. 26
(3) The person may continue, or start and continue, to carry out 27
the activity or take the natural resource under the 28
authorisation as if the amendment of the declaration had not 29
been made. 30
30 Applications received but not decided 31
(1) This section applies to an application under any Act, in 32
relation to the carrying out of an activity or the taking of a 33
s 31 21 s 32
Wild Rivers Bill 2005
natural resource in a wild river area, received but not decided 1
before an amendment of the wild river declaration for the area 2
takes effect, other than an application to which a moratorium 3
under section 22 in relation to the Water Act 2000 or the 4
Mineral Resources Act 1989, applies. 5
(2) Subsection (3) applies despite-- 6
(a) any other provision of this Act; or 7
(b) any provision of another Act to the extent it regulates or 8
prohibits the carrying out of an activity or the taking of a 9
natural resource because of a declaration or a 10
moratorium under this Act. 11
(3) The application must be decided as if the amendment of the 12
declaration had not been made. 13
31 Minor amendments of wild river declaration 14
The Governor in Council may approve an amending wild river 15
declaration without sections 20 to 26 applying if the 16
amendment is only to-- 17
(a) correct a minor error in the wild river declaration; or 18
(b) make another change in the declaration that is not a 19
change of substance. 20
Division 3 Revoking wild river declarations 21
32 Revoking a wild river declaration 22
(1) If the Minister proposes to revoke a wild river declaration, the 23
Minister must publish a notice about the proposed revocation 24
(a revocation proposal notice). 25
(2) The revocation proposal notice must state-- 26
(a) the wild river and wild river area to which the notice 27
relates; and 28
(b) the reasons for the proposed revocation; and 29
s 33 22 s 34
Wild Rivers Bill 2005
(c) any carrying out of activities or taking of natural 1
resources that will be affected by the proposed 2
revocation and how they will be affected; and 3
(d) that written submissions may be made by any entity 4
about the proposed revocation; and 5
(e) the day by which submissions must be made, and the 6
person to whom, and the place where, the submissions 7
must be made; and 8
(f) where further information about the proposed 9
revocation may be obtained. 10
(3) The day stated in subsection (2)(e) must not be earlier than 20 11
business days after the day the notice is published. 12
(4) The Minister must consider all properly made submissions 13
about the proposed revocation. 14
33 Deciding whether to revoke declaration 15
(1) After considering all properly made submissions about a 16
proposed revocation and any other matters the Minister 17
considers appropriate, the Minister may-- 18
(a) revoke the wild river declaration; or 19
(b) decide not to proceed with revocation of the wild river 20
declaration. 21
(2) If the Minister decides not to proceed with the revocation, the 22
Minister must publish a notice advising the decision and the 23
reasons for the decision. 24
34 Approval of revocation of wild river declaration 25
(1) The Governor in Council may, by gazette notice, approve the 26
revocation of a wild river declaration. 27
(2) The revocation has effect when-- 28
(a) the revocation is approved by the Governor in Council; 29
and 30
(b) the approval is notified in the gazette. 31
s 35 23 s 36
Wild Rivers Bill 2005
(3) The Minister must table a copy of the revocation in the 1
Legislative Assembly within 14 sitting days after the 2
revocation is approved. 3
35 Effect of revocation on activities and taking natural 4
resources 5
(1) This section applies if, immediately before the revocation of a 6
wild river declaration for a wild river area takes effect, a 7
person is-- 8
(a) carrying out an activity or taking a natural resource in 9
the area under another Act or law (an authorisation); or 10
(b) authorised by a licence, permit or other approval 11
document held by the person under another Act or law 12
to carry out an activity or take a natural resource in the 13
area (also an authorisation). 14
(2) On the revocation of the wild river declaration, the 15
authorisation is no longer subject to any conditions or 16
requirements that applied to it because of the declaration. 17
36 Effect of revocation on applications received but not 18
decided 19
(1) This section applies to an application under any Act, in 20
relation to the carrying out of an activity or the taking of a 21
natural resource in a wild river area, received but not decided 22
before the revocation of the wild river declaration for the area 23
takes effect. 24
(2) On the revocation of the declaration, the application-- 25
(a) to the extent it relates to the carrying out of an activity or 26
the taking of a natural resource that is no longer subject 27
to any conditions or requirements that applied to it 28
because of the declaration, lapses; and 29
(b) to the extent it relates to other matters, continues. 30
s 37 24 s 39
Wild Rivers Bill 2005
Division 4 Miscellaneous 1
37 Relationship with water resource plans 2
(1) To the extent the matters mentioned in section 14(1)(h) to (l) 3
and (2) in a wild river declaration are inconsistent with an 4
existing water resource plan or a resource operations plan for 5
all or part of the wild river area, the wild river declaration 6
prevails. 7
(2) Otherwise, to the extent a wild river declaration is inconsistent 8
in any other way, the water resource plan or resource 9
operations plan prevails. 10
38 Minister must prepare report on consultation process 11
(1) Within 30 business days after a wild river declaration is 12
approved, amended or revoked, the Minister must prepare a 13
report about the consultation process for the approval, 14
amendment or revocation (a consultation report). 15
(2) The consultation report must include a summary of issues 16
raised during the consultation process and how the issues have 17
been dealt with. 18
39 Copies of documents to be available for public inspection 19
(1) This section applies to each of the following (a wild river 20
document)-- 21
(a) a notice of intent; 22
(b) a declaration proposal; 23
(c) a declaration proposal notice; 24
(d) a wild river declaration approved under section 16; 25
(e) a consultation report; 26
(f) a notice of a decision not to declare a wild river area; 27
(g) an amendment proposal; 28
(h) an amendment proposal notice; 29
s 39 25 s 39
Wild Rivers Bill 2005
(i) a wild river amendment declaration approved under 1
section 28; 2
(j) a notice of a decision not to amend a wild river 3
declaration; 4
(k) a revocation proposal notice; 5
(l) a revocation of a wild river declaration approved under 6
section 34; 7
(m) a notice of a decision not to revoke a wild river 8
declaration; 9
(n) a wild river report. 10
(2) As soon as practicable after a wild river document is 11
prepared-- 12
(a) the Minister must send a copy of the wild river 13
document to each local government whose local 14
government area includes all or part of a proposed wild 15
river area, a wild river area or the area to which a 16
revocation relates; and 17
(b) a local government receiving a copy of a wild river 18
document must make the copy available for inspection 19
by the public. 20
(3) The Minister may send a copy of a wild river document to any 21
other entity the Minister considers appropriate. 22
(4) The chief executive-- 23
(a) must keep a copy of each wild river document available 24
for inspection by the public during office hours on 25
business days-- 26
(i) at the department's head office; and 27
(ii) at the department's regional office for the wild 28
river area or proposed wild river area to which the 29
document relates; and 30
(b) may also keep a copy of a wild river document available 31
for inspection by the public at other places the chief 32
executive considers appropriate. 33
s 40 26 s 41
Wild Rivers Bill 2005
40 Report by Minister on wild river declarations 1
(1) The Minister must prepare regular reports on each wild river 2
declaration (each a wild river report). 3
(2) The first report for a wild river declaration must be prepared 4
within 5 years after the declaration is approved. 5
(3) Each subsequent report must be for a period of not more than 6
5 years and, for the period-- 7
(a) must include-- 8
(i) particulars of any changes made to the declaration; 9
and 10
(ii) a summary of the findings of research and 11
monitoring, undertaken in the department, that 12
relates to the purpose of this Act in the wild river 13
area to which the declaration relates; and 14
(b) may include a summary of the findings of research and 15
monitoring, undertaken in another department, that 16
relates to the purpose of this Act in the wild river area to 17
which the declaration relates. 18
(4) A report under this section may relate to more than 1 wild 19
river declaration. 20
Part 3 Activities and taking natural 21
resources in wild river areas 22
41 Classification of wild river area into high preservation 23
area and preservation area 24
(1) The following parts of a wild river area are included in the 25
high preservation area-- 26
(a) the wild river; 27
(b) the major tributaries of the wild river; 28
(c) any special features in the wild river area; 29
s 42 27 s 42
Wild Rivers Bill 2005
(d) the area, stated in the wild river declaration for the wild 1
river area, of up to 1km either side of the wild river, its 2
major tributaries and any special features. 3
(2) The remainder of the wild river area is the preservation area. 4
(3) A floodplain management area or a subartesian management 5
area may be over all or part of the high preservation area or 6
the preservation area. 7
42 Effect of classification on particular development 8
applications 9
(1) This section applies to a development application for-- 10
(a) a material change of use of premises for agricultural or 11
animal husbandry activities mentioned in the Integrated 12
Planning Act 1997, schedule 8, part 1, table 2, item 11; 13
or 14
(b) operational work for agricultural or animal husbandry 15
activities mentioned in the Integrated Planning Act 16
1997, schedule 8, part 1, table 4, item 10. 17
(2) Subsection (3) applies if any part of the application relates to 18
development in the high preservation area in a wild river area. 19
(3) Despite the Integrated Planning Act 1997, section 3.2.1-- 20
(a) the application is taken not to be a properly made 21
application for that Act; and 22
(b) the assessment manager must refuse to receive the 23
application. 24
(4) Subsection (5) applies-- 25
(a) to an application not refused under subsection (3); and 26
(b) to the extent the application relates to development in 27
the preservation area in a wild river area; and 28
(c) despite the Integrated Planning Act 1997, chapter 3, part 29
3, division 4 and sections 3.5.4, 3.5.5, 3.5.13 and 3.5.14. 30
(5) The assessment manager and any concurrence agency, in 31
assessing and deciding the application, must comply with the 32
applicable code, for the development, mentioned in the wild 33
river declaration for the area. 34
s 43 28 s 44
Wild Rivers Bill 2005
43 Effect of declaration on particular development 1
applications 2
(1) Subsection (2) applies-- 3
(a) to a development application for a material change of 4
use of premises, reconfiguring a lot or operational work; 5
and 6
(b) to the extent-- 7
(i) the application relates to a wild river area; and 8
(ii) the application is in relation to urban, commercial 9
or industrial development; and 10
(iii) the proposed development is made assessable 11
under-- 12
(A) a local government planning scheme; or 13
(B) the Integrated Planning Act 1997, schedule 14
8, part 1, table 3, item 1 or table 4, item 2; 15
and 16
(c) despite the Integrated Planning Act 1997, sections 3.5.4, 17
3.5.5, 3.5.13 and 3.5.14. 18
(2) The assessment manager, in assessing and deciding the 19
application, must comply with the applicable code, for the 20
development, mentioned in the wild river declaration for the 21
area. 22
44 Relationship with other Acts 23
Other than as mentioned in sections 42 and 43, the prohibition 24
and regulation in a wild river area of carrying out activities 25
and taking natural resources are dealt with in the Acts that 26
prohibit or regulate the activities or taking. 27
s 45 29 s 47
Wild Rivers Bill 2005
Part 4 Exemption of particular 1
projects from application of Act 2
45 Exemption of projects from application of this Act 3
(1) This Act does not apply to the following projects-- 4
(a) the Aurukun project; 5
(b) the PNG pipeline project. 6
(2) Also, to the extent another Act regulates or prohibits the 7
carrying out of an activity or the taking of a natural resource 8
because of a declaration or a moratorium under this Act, the 9
other Act does not apply to a project mentioned in 10
subsection (1). 11
46 Meaning of Aurukun project 12
(1) The Aurukun project means the proposed project that 13
involves the extraction and transportation or processing of 14
bauxite and kaolin that are on land prescribed as `restricted 15
area 315' (RA315) under the Mineral Resources Regulation 16
2003, schedule 3, part 188. 17
(2) The project includes the construction and operation of works, 18
for example mining equipment, electricity generation plants 19
and related distribution infrastructure, pipelines, 20
telecommunications infrastructure, water storage and 21
distribution infrastructure, buildings, conveyors, roads or 22
railways on land near Aurukun and Weipa. 23
47 Meaning of PNG pipeline project 24
(1) The PNG pipeline project means the proposed project that 25
involves the construction and operation of 1 or more 26
pipelines-- 27
(a) to transport gas from the Southern Highlands of Papua 28
New Guinea, across Torres Strait and Cape York 29
Peninsula to parts of the State including Weipa, 30
Townsville, Mount Isa, Gladstone and Brisbane; and 31
(b) to link to pipelines servicing other States. 32
s 48 30 s 48
Wild Rivers Bill 2005
(2) The project includes ancillary works, for example access 1
roads, constructions camps and compressor and other stations, 2
to enable the construction and the ongoing operation of the 3
pipeline or pipelines. 4
Part 5 Miscellaneous 5
48 Meaning of specified works 6
(1) The object of this provision is to provide a definition of 7
specified works for a provision of any other Act that refers to 8
specified works in relation to regulating or prohibiting the 9
carrying out of an activity or the taking of a natural resource 10
because of a declaration or a moratorium under this Act. 11
(2) Specified works means-- 12
(a) infrastructure and works prescribed under a regulation 13
to be necessary for disaster management; or 14
(b) desnagging that is the minimum necessary to allow safe 15
navigation of a marked navigable channel; or 16
(c) the following infrastructure and works-- 17
(i) roads; 18
(ii) railways; 19
(iii) infrastructure for the transmission or distribution 20
of electricity; 21
(iv) pipelines; 22
(v) conveyor belts; 23
(vi) cables; 24
(vii) other infrastructure, prescribed under a regulation, 25
that relates to the transportation, movement, 26
transmission or flow of anything through a wild 27
river area including, for example, goods, materials, 28
substances, matter, particles with or without 29
charge, light, energy, information and anything 30
generated or produced. 31
s 49 31 s 52
Wild Rivers Bill 2005
49 Delegation by Minister 1
The Minister may delegate the Minister's powers under this 2
Act to an appropriately qualified public service officer or 3
employee. 4
50 Delegation by chief executive 5
The chief executive may delegate the chief executive's powers 6
under this Act to an appropriately qualified public service 7
officer or employee. 8
51 Regulation-making power 9
(1) The Governor in Council may make regulations under this 10
Act. 11
(2) Without limiting subsection (1), a regulation may fix fees and 12
charges payable under this Act including, for example, for the 13
purchase of a copy of a wild river document. 14
Part 6 Amendments of other Acts 15
52 Other Acts amended 16
Schedule 1 amends the Acts it mentions. 17
32
Wild Rivers Bill 2005
Schedule 1 Consequential and minor 1
amendments of other Acts 2
section 52 3
Coastal Protection and Management Act 1995 4
1 Section 73-- 5
insert-- 6
`(3) If any part of the application relates to a wild river area, the 7
application is of no effect.'. 8
2 After section 104-- 9
insert-- 10
`104A Applications in relation to wild river areas 11
`(1) This section applies to a development application for 12
operational work mentioned in the Integrated Planning Act 13
1997, schedule 8, part 1, table 4, item 5. 14
`(2) Subsection (3) applies if any part of the application relates to 15
operational work in a wild river area other than operational 16
work for specified works. 17
`(3) Despite the Integrated Planning Act 1997, section 3.2.1-- 18
(a) the application is taken not to be a properly made 19
application for that Act; and 20
(b) the assessment manager must refuse to receive the 21
application. 22
`(4) Subsection (5) applies-- 23
(a) to an application not refused under subsection (3); and 24
(b) to the extent the application relates to operational work 25
for specified works in a wild river area; and 26
33
Wild Rivers Bill 2005
Schedule 1 (continued)
(c) despite the Integrated Planning Act 1997, chapter 3, 1
part 3, division 4 and sections 3.5.4, 3.5.5, 3.5.13 and 2
3.5.14. 3
`(5) The assessment manager and any concurrence agency, in 4
assessing and deciding the application, must comply with the 5
applicable code, for the development, mentioned in the wild 6
river declaration for the area.'. 7
3 Schedule-- 8
insert-- 9
`applicable code see the Integrated Planning Act 1997, 10
schedule 10. 11
specified works see the Wild Rivers Act 2005, section 48. 12
wild river area see the Wild Rivers Act 2005, schedule 2.'. 13
Environmental Protection Act 1994 14
1 After section 73A-- 15
insert-- 16
`73AA Development applications in relation to wild river areas 17
`(1) This section applies to a development application for-- 18
(a) a material change of use of premises mentioned in the 19
Integrated Planning Act 1997, schedule 8, part 1, 20
table 2, item 1; or 21
(b) development mentioned in the Integrated Planning Act 22
1997, schedule 8, part 1, table 5, item 4. 23
`(2) Subsection (3) applies if any part of the application relates 24
to-- 25
(a) development in a wild river high preservation area; or 26
(b) an environmentally relevant activity mentioned in the 27
Environmental Protection Regulation 1998, schedule 1, 28
34
Wild Rivers Bill 2005
Schedule 1 (continued)
item 19 (dredging material) or 20 (extracting rock or 1
other material) in a wild river preservation area. 2
`(3) Despite the Integrated Planning Act 1997, section 3.2.1-- 3
(a) the application is taken not to be a properly made 4
application for that Act; and 5
(b) the assessment manager must refuse to receive the 6
application. 7
`(4) Subsection (5) applies-- 8
(a) to an application not refused under subsection (3); and 9
(b) to the extent the application relates to development in a 10
wild river preservation area, other than development 11
mentioned in subsection (2)(b); and 12
(c) despite the Integrated Planning Act 1997, chapter 3, 13
part 3, division 4 and sections 3.5.4, 3.5.5, 3.5.13 and 14
3.5.14. 15
`(5) The assessment manager and any concurrence agency, in 16
assessing and deciding the application, must comply with the 17
applicable code, for the development, mentioned in the wild 18
river declaration for the area.'. 19
2 Section 93-- 20
insert-- 21
`(2A) However, for petroleum activities carried out in a wild river 22
area, the applicable codes are-- 23
(a) the codes mentioned in subsection (2); and 24
(b) the conditions stated, for relevant petroleum activities 25
for the authority, in the wild river declaration for the 26
area.'. 27
3 Section 97(b)(ii) to (vi)-- 28
renumber as section 97(b)(iii) to (vii). 29
35
Wild Rivers Bill 2005
Schedule 1 (continued)
4 Section 97(b)-- 1
insert-- 2
`(ii) if any part of the application relates to a wild river 3
area--the wild river declaration for the area;'. 4
5 Section 98(2)-- 5
omit, insert-- 6
`(2) The conditions must include-- 7
(a) any condition the administering authority is required to 8
impose under an EPP requirement; and 9
(b) for petroleum activities carried out in a wild river 10
area--the conditions stated, for relevant petroleum 11
activities for the authority, in the wild river declaration 12
for the area.'. 13
6 Section 113(b)(ii) to (viii)-- 14
renumber as section 113(b)(iii) to (ix). 15
7 Section 113(b)-- 16
insert-- 17
`(ii) if any part of the application relates to a wild river 18
area--the wild river declaration for the area;'. 19
8 Section 114(2)-- 20
omit, insert-- 21
`(2) The conditions must include-- 22
(a) any condition the administering authority is required to 23
impose under an EPP requirement; and 24
(b) for petroleum activities carried out in a wild river 25
area--the conditions stated, for relevant petroleum 26
activities for the authority, in the wild river declaration 27
for the area.'. 28
36
Wild Rivers Bill 2005
Schedule 1 (continued)
9 Section 150-- 1
insert-- 2
`(ga) if a relevant mining tenement relates to any part of a 3
wild river area--the wild river declaration for the area;'. 4
10 Section 151(1)-- 5
insert-- 6
`(c) any of the mining activities that form the project, other 7
than mining activities authorised under an 8
environmental authority (prospecting) or an 9
environmental authority (mining claim), are in a wild 10
river area.'. 11
11 Section 151(2)(b)-- 12
insert-- 13
`(iii) no mining activities that form the project, other 14
than mining activities authorised under an 15
environmental authority (prospecting) or an 16
environmental authority (mining claim), are in a 17
wild river area.'. 18
12 Section 162(2)-- 19
omit, insert-- 20
`(2) The authority must, in making the decision, consider-- 21
(a) the standard criteria; and 22
(b) if any part of the application relates to a wild river 23
area--the wild river declaration for the area.'. 24
13 Section 163(3)-- 25
omit, insert-- 26
`(3) The Minister must, in making the decision, consider-- 27
(a) the standard criteria; and 28
37
Wild Rivers Bill 2005
Schedule 1 (continued)
(b) if any part of the application relates to a wild river 1
area--the wild river declaration for the area.'. 2
14 Chapter 5, part 2-- 3
insert-- 4
`Division 3 EM plan decision for particular 5
non-code compliant applications 6
`163A Application of div 3 7
`This division applies for a non-code compliant application 8
if-- 9
(a) it is for an environmental authority (prospecting) or an 10
environmental authority (mining claim) and relates to 11
mining activities in a wild river area; and 12
(b) no relevant mining tenement for the application is, or is 13
included in, a significant project. 14
`163B Decision about EM plan requirement 15
`(1) The administering authority must, within the required period, 16
decide whether an EM plan is required for the application. 17
`(2) The authority must, in making the decision, consider-- 18
(a) the standard criteria; and 19
(b) the wild river declaration for the area. 20
`(3) If the authority does not make the decision within the required 21
period, it is taken, at the end of the period, to have decided 22
that no EM plan is required for the application. 23
`(4) In this section-- 24
required period means the later of the following periods to 25
end-- 26
(a) 10 business days after the administering authority 27
receives the application; 28
38
Wild Rivers Bill 2005
Schedule 1 (continued)
(b) if the administering authority, within the 10 business 1
days, gives the applicant a written notice that the 2
EPA Minister has fixed a longer period--the longer 3
period.'. 4
15 After section 169-- 5
insert-- 6
`169A EM plan required 7
`(1) If the administering authority requires an EM plan under 8
section 163B-- 9
(a) the administering authority must not decide the 10
application until the EM plan process is complete; and 11
(b) the required period for deciding the application under 12
section 171 does not commence until the EM plan 13
process is complete. 14
`(2) In this section-- 15
EM plan process means, with necessary changes, the process 16
stated in sections 187 to 192 for submitting and assessing an 17
EM plan.'. 18
16 Section 170(4)(b)-- 19
omit, insert-- 20
`(b) subject to paragraph (a), consider-- 21
(i) the standard criteria; and 22
(ii) to the extent the application relates to mining 23
activities in a wild river area--the wild river 24
declaration for the area.'. 25
17 Section 171(2)(c) to (e)-- 26
renumber as section 171(2)(d) to (f). 27
39
Wild Rivers Bill 2005
Schedule 1 (continued)
18 Section 171(2)-- 1
insert-- 2
`(c) to the extent the application relates to mining 3
activities in a wild river area--the wild river 4
declaration for the area;'. 5
19 Section 171D-- 6
insert-- 7
`(4) If the administering authority requires an EM plan under 8
section 163B, the EM plan process must be completed before 9
part 6, divisions 5 to 8 apply. 10
`(5) In this section-- 11
EM plan process means, with necessary changes, the process 12
stated in part 6, division 3 for submitting and assessing an EM 13
plan.'. 14
20 Section 173(2)(b) to (d)-- 15
renumber as section 173(2)(c) to (e). 16
21 Section 173(2)-- 17
insert-- 18
`(b) to the extent the application relates to mining activities 19
in a wild river area--the wild river declaration for the 20
area;'. 21
22 Section 175-- 22
insert-- 23
`(4) If the administering authority requires an EM plan under 24
section 163B-- 25
(a) the administering authority must not give the draft 26
environmental authority until the EM plan process is 27
complete; and 28
40
Wild Rivers Bill 2005
Schedule 1 (continued)
(b) the required period for giving the draft environmental 1
authority does not commence until the EM plan process 2
is complete. 3
`(5) In this section-- 4
EM plan process means, with necessary changes, the process 5
stated in part 6, division 3 for submitting and assessing an EM 6
plan.'. 7
23 Chapter 5, part 4, division 3-- 8
insert-- 9
`176 Additional conditions may be imposed 10
`(1) The administering authority may, in preparing the draft 11
environmental authority, impose a condition (an additional 12
condition) on the environmental authority that is not a 13
relevant standard environmental condition for the 14
environmental authority. 15
`(2) In deciding whether to impose an additional condition, the 16
authority must-- 17
(a) comply with any relevant EPP requirement; and 18
(b) subject to paragraph (a), consider-- 19
(i) the standard criteria; and 20
(ii) to the extent the environmental authority relates to 21
mining activities in a wild river area--the wild 22
river declaration for the area. 23
`(3) However, an additional condition may be imposed only if the 24
authority considers that the condition is necessary or 25
desirable.'. 26
24 Section 189(1)-- 27
insert-- 28
`(da) to the extent the plan relates to mining activities in a 29
wild river area--state the way in which the applicant 30
proposes to minimise any adverse effect of the mining 31
41
Wild Rivers Bill 2005
Schedule 1 (continued)
activities on the wild river area, having regard to the 1
wild river declaration for the area; and'. 2
25 Section 193(3)(b)(iii) and (iv)-- 3
renumber as section 193(3)(b)(iv) and (v). 4
26 Section 193(3)(b)-- 5
insert-- 6
`(iii) to the extent the application relates to mining 7
activities in a wild river area--the wild river 8
declaration for the area;'. 9
27 Section 203(1)-- 10
insert-- 11
`(da) to the extent the plan relates to mining activities in a 12
wild river area--state the way in which the applicant 13
proposes to minimise any adverse effect of the mining 14
activities on the wild river area, having regard to the 15
wild river declaration for the area; and'. 16
28 Section 207(2)(c) and (d)-- 17
renumber as section 207(2)(d) and (e). 18
29 Section 207(2)-- 19
insert-- 20
`(c) to the extent the application relates to mining activities 21
in a wild river area--the wild river declaration for the 22
area;'. 23
30 Section 210(3)(b)-- 24
insert-- 25
42
Wild Rivers Bill 2005
Schedule 1 (continued)
`(iii) to the extent the application relates to mining 1
activities in a wild river area--the wild river 2
declaration for the area.'. 3
31 Section 223(d) to (f)-- 4
renumber as section 223(e) to (g). 5
32 Section 223-- 6
insert-- 7
`(d) to the extent the application relates to mining activities 8
in a wild river area--the wild river declaration for the 9
area;'. 10
33 Section 225(3)-- 11
insert-- 12
`(c) to the extent the application relates to mining activities 13
in a wild river area--the wild river declaration for the 14
area.'. 15
34 Schedule 3-- 16
insert-- 17
`applicable code see the Integrated Planning Act 1997, 18
schedule 10. 19
wild river area see the Wild Rivers Act 2005, schedule 2. 20
wild river declaration see the Wild Rivers Act 2005, 21
schedule 2. 22
wild river high preservation area means a high preservation 23
area under the Wild Rivers Act 2005. 24
wild river preservation area means a preservation area under 25
the Wild Rivers Act 2005.'. 26
43
Wild Rivers Bill 2005
Schedule 1 (continued)
35 Schedule 3, definition environmental management plan, 1
paragraph (c)-- 2
insert-- 3
`(iii) for, or an application for, an environmental 4
authority (prospecting) or an environmental 5
authority (mining claim)--means an EM plan 6
required under section 163B.'. 7
Fisheries Act 1994 8
1 Section 55(2)-- 9
omit, insert-- 10
`(2) In considering the application, the chief executive must-- 11
(a) comply with any relevant regulation or management 12
plan; and 13
(b) consider any applicable wild river declaration.'. 14
2 Part 5, division 3A, subdivision 2, after s 76D-- 15
insert-- 16
`76DA Applications in relation to aquaculture and waterway 17
barrier works in wild river areas 18
`(1) This section applies to a development application for-- 19
(a) a material change of use of premises mentioned in the 20
Integrated Planning Act 1997, schedule 8, part 1, 21
table 2, item 8; or 22
(b) operational work mentioned in the Integrated Planning 23
Act 1997, schedule 8, part 1, table 4, item 6. 24
`(2) Subsection (3) applies if any part of the application relates to 25
development in a wild river high preservation area. 26
`(3) Despite the Integrated Planning Act 1997, section 3.2.1-- 27
(a) the application is taken not to be a properly made 28
application for that Act; and 29
44
Wild Rivers Bill 2005
Schedule 1 (continued)
(b) the assessment manager must refuse to receive the 1
application. 2
`(4) Subsection (5) applies-- 3
(a) to an application not refused under subsection (3); and 4
(b) to the extent the application relates to development in a 5
wild river preservation area; and 6
(c) despite the Integrated Planning Act 1997, chapter 3, 7
part 3, division 4 and sections 3.5.4, 3.5.5, 3.5.13 and 8
3.5.14. 9
`(5) The assessment manager and any concurrence agency, in 10
assessing and deciding the application, must comply with the 11
applicable code, for the development, mentioned in the wild 12
river declaration for the area. 13
`76DB Applications in relation to marine plants in wild river 14
areas 15
`(1) This section applies to a development application for 16
operational work, mentioned in the Integrated Planning Act 17
1997, schedule 8, part 1, table 4, item 8. 18
`(2) Subsection (3) applies if any part of the application relates to 19
operational work in a wild river area other than operational 20
work-- 21
(a) for specified works in the area; or 22
(b) that is a necessary and unavoidable part of installing or 23
maintaining works or infrastructure required to support 24
other development for which a development permit is 25
not required or, if a development permit is required, the 26
permit is held or has been applied for. 27
`(3) Despite the Integrated Planning Act 1997, section 3.2.1-- 28
(a) the application is taken not to be a properly made 29
application for that Act; and 30
(b) the assessment manager must refuse to receive the 31
application. 32
`(4) Subsection (5) applies-- 33
45
Wild Rivers Bill 2005
Schedule 1 (continued)
(a) to an application not refused under subsection (3); and 1
(b) to the extent the application relates to operational work 2
in a wild river area-- 3
(i) for specified works in the area; or 4
(ii) that is a necessary and unavoidable part of 5
installing or maintaining works or infrastructure 6
required to support other development for which a 7
development permit is not required or, if a 8
development permit is required, the permit is held 9
or has been applied for; and 10
(c) despite the Integrated Planning Act 1997, chapter 3, 11
part 3, division 4 and sections 3.5.4, 3.5.5, 3.5.13 and 12
3.5.14. 13
`(5) The assessment manager and any concurrence agency, in 14
assessing and deciding the application, must comply with the 15
applicable code, for the development, mentioned in the wild 16
river declaration for the area. 17
`76DC Applications in relation to works in declared fish habitat 18
areas in wild river areas 19
`(1) This section applies to a development application for-- 20
(a) building work mentioned in the Integrated Planning Act 21
1997, schedule 8, part 1, table 1, item 2; or 22
(b) operational work mentioned in the Integrated Planning 23
Act 1997, schedule 8, part 1, table 4, item 7. 24
`(2) Subsection (3) applies if any part of the application relates to 25
development in a wild river high preservation area other than 26
development for specified works. 27
`(3) Despite the Integrated Planning Act 1997, section 3.2.1-- 28
(a) the application is taken not to be a properly made 29
application for that Act; and 30
(b) the assessment manager must refuse to receive the 31
application. 32
`(4) Subsection (5) applies-- 33
46
Wild Rivers Bill 2005
Schedule 1 (continued)
(a) to an application not refused under subsection (3); and 1
(b) to the extent the application relates to development-- 2
(i) in a wild river preservation area; or 3
(ii) for specified works in a wild river area; and 4
(c) despite the Integrated Planning Act 1997, chapter 3, part 5
3, division 4 and sections 3.5.4, 3.5.5, 3.5.13 and 3.5.14. 6
`(5) The assessment manager and any concurrence agency, in 7
assessing and deciding the application, must comply with the 8
applicable code, for the development, mentioned in the wild 9
river declaration for the area.'. 10
3 Section 90(1)-- 11
insert-- 12
`(d) release non-indigenous fisheries resources, or cause 13
non-indigenous fisheries resources to be placed or 14
released, in a watercourse in a wild river area.'. 15
4 Schedule-- 16
insert-- 17
`applicable code see the Integrated Planning Act 1997, 18
schedule 10. 19
specified works see the Wild Rivers Act 2005, section 48. 20
watercourse see the Water Act 2000, schedule 4. 21
wild river area see the Wild Rivers Act 2005, schedule 2. 22
wild river high preservation area means a high preservation 23
area under the Wild Rivers Act 2005. 24
wild river preservation area means a preservation area under 25
the Wild Rivers Act 2005.'. 26
47
Wild Rivers Bill 2005
Schedule 1 (continued)
Forestry Act 1959 1
1 Section 5-- 2
insert-- 3
`lake see the Water Act 2000, schedule 4. 4
wild river see the Wild Rivers Act 2005, schedule 2. 5
wild river area see the Wild Rivers Act 2005, schedule 2.'. 6
2 After section 33-- 7
insert-- 8
`33A Management in a wild river area 9
`(1) The chief executive must prepare a management plan for the 10
management of State forests, timber reserves and forest 11
entitlements areas in wild river areas. 12
`(2) In preparing the plan, the chief executive must have regard to 13
any relevant code of practice approved under section 44A.'. 14
3 After section 44-- 15
insert-- 16
`44A Code of practice for getting forest products in wild river 17
areas 18
`(1) The chief executive may approve a code of practice for getting 19
forest products, other than quarry material in a watercourse or 20
lake, in a wild river area. 21
`(2) The code must state a minimum distance either side of a wild 22
river, or a major tributary of a wild river, within which forest 23
products must be retained. 24
`(3) The code may state different minimum distances for particular 25
forest products. 26
48
Wild Rivers Bill 2005
Schedule 1 (continued)
`44B Getting forest products in wild river areas 1
`The chief executive must ensure that any lease, licence or 2
permit granted, or any agreement or contract entered, for 3
getting forest products in a wild river area requires the getting 4
of the forest products to be in accordance with the code 5
approved by the chief executive under section 44A for the 6
wild river area. 7
8
Note--
9
See sections 55(2) and 56(2A).'.
4 Section 55-- 10
insert-- 11
`(2) However, the chief executive must refuse to grant a licence for 12
the getting of quarry material in a watercourse or lake in a 13
wild river area.'. 14
5 Section 56-- 15
insert-- 16
`(2A) However, the chief executive must refuse to grant a permit, 17
licence, lease or other authority or enter an agreement or 18
contract in relation to the getting of quarry material in a 19
watercourse or lake in a wild river area.'. 20
Fossicking Act 1994 21
1 Section 3-- 22
insert-- 23
`lake see the Water Act 2000, schedule 4. 24
wild river area see the Wild Rivers Act 2005, schedule 2. 25
wild river high preservation area means a high preservation 26
area under the Wild Rivers Act 2005. 27
49
Wild Rivers Bill 2005
Schedule 1 (continued)
wild river preservation area means a preservation area under 1
the Wild Rivers Act 2005.'. 2
2 Section 3, definition protected area-- 3
omit, insert-- 4
`protected area means-- 5
(a) land dedicated under the Nature Conservation Act 1992 6
as-- 7
(i) a National Park (Scientific); or 8
(ii) a National Park; or 9
(iii) a National Park (Aboriginal land); or 10
(iv) a National Park (Torres Strait Islander land); or 11
(v) a national park (recovery); or 12
(vi) a conservation park; or 13
(b) in a wild river area, whether or not in an area mentioned 14
in paragraph (a)-- 15
(i) the wild river high preservation area; or 16
(ii) a watercourse or lake in the wild river preservation 17
area.'. 18
Integrated Planning Act 1997 19
1 Schedule 8, part 1, table 2-- 20
insert-- 21
`For a wild river area
11 Making a material change of use of premises to the extent the premises is
in a wild river area and the proposed use is for agricultural or animal
husbandry activities, as defined under the Wild Rivers Act 2005.'.
50
Wild Rivers Bill 2005
Schedule 1 (continued)
2 Schedule 8, part 1, table 4, item 3(c), after `Water Act 1
2000'-- 2
insert-- 3
`, a wild river declaration'. 4
3 Schedule 8, part 1, table 4, item 3(d)-- 5
omit, insert-- 6
`(d) interfering with overland flow water in an area declared 7
under the Water Act 2000 to be a drainage and 8
embankment area if the operations are declared under 9
that Act or a wild river declaration to be assessable 10
development.'. 11
4 Schedule 8, part 1, table 4-- 12
insert-- 13
`For a wild river area
10 Operational work for agricultural or animal husbandry activities, as defined
under the Wild Rivers Act 2005, in a wild river area if the operations are
declared, under the wild river declaration for the area, to be assessable
development.'.
5 Schedule 8, part 1, table 5-- 14
insert-- 15
An environmentally relevant activity (other than a mining activity or a
`4
petroleum activity) for which a code of environmental compliance has
been made under the Environmental Protection Regulation 1998, but only
to the extent development for the activity is in a wild river area.'.
6 Schedule 8, part 2, table 1, item 3, after `in a declared fish 16
habitat area'-- 17
insert-- 18
`, other than in a wild river area,'. 19
51
Wild Rivers Bill 2005
Schedule 1 (continued)
7 Schedule 8, part 2, table 2, item 1, after `for 1
aquaculture'-- 2
insert-- 3
`, other than in a wild river area,'. 4
8 Schedule 8, part 2, table 4, item 1(b), after `Water Act 5
2000'-- 6
insert-- 7
`, a wild river declaration'. 8
9 Schedule 8, part 2, table 4, item 1(c)-- 9
omit, insert-- 10
`(c) interfering with overland flow water in an area declared 11
under the Water Act 2000 to be a drainage and 12
embankment area if the operations are declared under 13
that Act or a wild river declaration to be self-assessable 14
development.'. 15
10 Schedule 8, part 2, table 4, item 2, after `a waterway 16
barrier works'-- 17
insert-- 18
`, other than in a wild river area,'. 19
11 Schedule 8, part 2, table 4, item 3, after `a declared fish 20
habitat area'-- 21
insert-- 22
`, other than in a wild river area,'. 23
12 Schedule 8, part 2, table 4, item 4, `marine plants if'-- 24
omit, insert-- 25
`marine plants, other than in a wild river area, if'. 26
52
Wild Rivers Bill 2005
Schedule 1 (continued)
13 Schedule 8, part 2, table 5, item 1, after `1998'-- 1
insert-- 2
`, but only to the extent development for the activity is not in a 3
wild river area'. 4
14 Schedule 8A, table 3, items 9 and 10, `1 or 2'-- 5
omit, insert-- 6
`1 and 2'. 7
15 Schedule 8A, table 3-- 8
insert-- 9
`For a wild river area
11 If tables 1 and 2 do not apply and the application is Chief executive
for-- administering the
(a) assessable development under-- Wild Rivers
Act 2005'.
(i) schedule 8, part 1, table 2, item 11; or
(ii) schedule 8, part 1, table 4, item 10; and
(b) no other assessable development.
16 Schedule 8A, table 4, items 4 to 7, `1, 2 or 3 does'-- 10
omit, insert-- 11
`1, 2 and 3 do'. 12
53
Wild Rivers Bill 2005
Schedule 1 (continued)
17 Schedule 8A, table 4-- 1
insert-- 2
If tables 1, 2 and 3 do not apply and the application The chief executive
`10
is for-- administering the
Vegetation
(a) operational work for clearing native Management Act
vegetation under the Vegetation
1999 and the Wild
Management Act 1999; and Rivers Act 2005
(b) assessable development under--
(i) schedule 8, part 1, table 2,
item 11; or
(ii) schedule 8, part 1, table 4,
item 10; and
(c) no other assessable development.
11 If tables 1, 2 and 3 do not apply and the application The chief executive
is for-- administering the
Water Act 2000 and
(a) operational work--
the Wild Rivers
(i) for taking or interfering with Act 2005
water under the Water Act 2000;
or
(ii) that is the construction of a
referrable dam under the Water
Act 2000 or that will increase the
storage capacity of a referable
dam by more than 10%; and
(b) assessable development under--
(i) schedule 8, part 1, table 2,
item 11; or
(ii) schedule 8, part 1, table 4,
item 10; and
(c) no other assessable development.
54
Wild Rivers Bill 2005
Schedule 1 (continued)
12 If tables 1, 2 and 3 do not apply and the application
The chief executive
is for-- administering the
Vegetation
(a) operational work for clearing native Management Act
vegetation under the Vegetation 1999, the Water Act
Management Act 1999; and
2000 and the Wild
(b) operational work-- Rivers Act 2005'.
(i) for taking or interfering with
water under the Water Act 2000;
or
(ii) that is the construction of a
referrable dam under the Water
Act 2000 or that will increase the
storage capacity of a referable
dam by more than 10%; and
(c) assessable development under--
(i) schedule 8, part 1, table 2,
item 11; or
(ii) schedule 8, part 1, table 4,
item 10; and
(d) no other assessable development.
18 Schedule 10-- 1
insert-- 2
`wild river area see the Wild Rivers Act 2005, schedule 2. 3
wild river declaration see the Wild Rivers Act 2005, 4
schedule 2.'. 5
Land Protection (Pest and Stock Route Management) 6
Act 2002 7
1 Section 78(7), definition environmentally significant 8
area-- 9
insert-- 10
`(h) a wild river area.'. 11
55
Wild Rivers Bill 2005
Schedule 1 (continued)
2 Schedule 3-- 1
insert-- 2
`wild river area see the Wild Rivers Act 2005, schedule 2.'. 3
Mineral Resources Act 1989 4
1 After section 391A-- 5
insert-- 6
`391AA Restriction on grant of mining tenements in wild river 7
areas 8
`(1) A person must not, in a wild river high preservation area other 9
than a watercourse or lake-- 10
(a) grant a mining tenement; or 11
(b) renew a mining tenement other than a mining claim. 12
`(2) A person must not, in a watercourse or lake in a wild river 13
area-- 14
(a) grant a mining tenement, other than an exploration 15
permit for exploration using only limited hand sampling 16
techniques; or 17
(b) renew a mining tenement other than-- 18
(i) a mining claim; or 19
(ii) an exploration permit for exploration using only 20
limited hand sampling techniques. 21
`(3) Subsections (1) and (2) do not apply to an application-- 22
(a) in relation to a project for which a special agreement 23
Act was enacted; and 24
(b) allowed, under the special agreement Act, to be made. 25
`(4) This section applies despite any other provision of this Act. 26
`(5) In this section-- 27
lake see the Water Act 2000, schedule 4. 28
56
Wild Rivers Bill 2005
Schedule 1 (continued)
limited hand sampling techniques, for exploration, means-- 1
(a) taking samples no larger than 20kgs; and 2
(b) for taking the samples, removing material using only 3
non-mechanical means; and 4
(c) if digging is necessary-- 5
(i) digging-- 6
(i) no deeper than 1m; and 7
(ii) not more than 1m3; and 8
(iii) along a watercourse or a tributary of a 9
watercourse or in a lake--at places at least 10
250m apart; and 11
(ii) leaving, in the area where the digging has taken 12
place, any soil or other material disturbed while 13
taking the samples. 14
mining tenement see the Wild Rivers Act 2005, schedule 2. 15
special agreement Act see section 735(2). 16
watercourse see the Water Act 2000, schedule 4. 17
wild river area see the Wild Rivers Act 2005, schedule 2. 18
wild river high preservation area means a high preservation 19
area under the Wild Rivers Act 2005.'. 20
Nature Conservation Act 1992 21
1 Section 117-- 22
insert-- 23
`(1A) A final management plan for a protected area may be 24
inconsistent with a wild river declaration that applies to a part 25
or all of the protected area only to the extent the management 26
plan provides for a greater level of protection for the area than 27
is provided for in the declaration.'. 28
57
Wild Rivers Bill 2005
Schedule 1 (continued)
2 Schedule-- 1
insert-- 2
`wild river declaration see the Wild Rivers Act 2005, 3
schedule 2.'. 4
State Development and Public Works Organisation 5
Act 1971 6
1 After section 37-- 7
insert-- 8
`37A Applications for material change of use of premises in 9
wild river areas 10
`(1) This section applies to the extent the application is-- 11
(a) for a material change of use of premises in a wild river 12
area; and 13
(b) made to the assessment manager after the wild river 14
declaration for the area takes effect. 15
`(2) Despite section 37-- 16
(a) the information and referral stage of IDAS applies to the 17
application; and 18
(b) the referral agencies, under the Integrated Planning Act, 19
for the application are the referral agencies required to 20
assess the application against-- 21
(i) the applicable code, for the development, 22
mentioned in the wild river declaration for the 23
area; or 24
(ii) the purpose of the Wild River Act 2005. 25
`(3) If there is any inconsistency between a condition the 26
Coordinator-General's report states must attach to the 27
development approval and a condition imposed by a referral 28
agency mentioned in subsection (2)(b), the referral agency's 29
condition prevails to the extent of the inconsistency.'. 30
58
Wild Rivers Bill 2005
Schedule 1 (continued)
2 Section 39-- 1
insert-- 2
`(3A) Subsections (3B) and (3C) apply to the extent the application 3
is-- 4
(a) for development in a wild river area; and 5
(b) made to the assessment manager after the wild river 6
declaration for the area takes effect. 7
`(3B) Subsection (1)(a) does not limit the assessment manager's 8
power, under the Integrated Planning Act, to-- 9
(a) assess the application against the applicable code, for 10
the development, mentioned in the wild river declaration 11
for the area; and 12
(b) impose conditions inconsistent with conditions that 13
must be attached under subsection (1)(a). 14
`(3C) If there is any inconsistency between a condition mentioned in 15
subsection (1)(a) and a condition imposed by the assessment 16
manager under subsection (3B)(b), the assessment manager's 17
condition prevails to the extent of the inconsistency.'. 18
3 Section 138-- 19
insert-- 20
`(3A) The power of the Coordinator-General under subsection (1) 21
does not apply to a wild river area.'. 22
4 Schedule-- 23
insert-- 24
`applicable code see the Integrated Planning Act 1997, 25
schedule 10. 26
material change of use see the Integrated Planning Act 1997, 27
section 1.3.5. 28
wild river area see the Wild Rivers Act 2005, schedule 2. 29
59
Wild Rivers Bill 2005
Schedule 1 (continued)
wild river declaration see the Wild Rivers Act 2005, 1
schedule 2.'. 2
Transport Infrastructure Act 1994 3
1 Section 35-- 4
insert-- 5
`(2) Subsection (1) does not authorise the chief executive to 6
extract quarry material from a watercourse in a wild river 7
area.'. 8
2 Section 39-- 9
insert-- 10
`(4) Subsection (1) does not authorise the chief executive, in a 11
wild river area, to-- 12
(a) divert or construct a watercourse; or 13
(b) extract quarry material from a watercourse.'. 14
3 Section 167-- 15
insert-- 16
`(4) Subsection (1) does not authorise the chief executive, in a 17
wild river area, to grant an approval under this section to-- 18
(a) divert or construct a watercourse; or 19
(b) extract quarry material from a watercourse.'. 20
4 Section 306-- 21
insert-- 22
`(3) Subsection (1) does not authorise the chief executive, in a 23
wild river area, to-- 24
60
Wild Rivers Bill 2005
Schedule 1 (continued)
(a) divert or construct a watercourse; or 1
(b) extract quarry material from a watercourse.'. 2
5 Schedule 6-- 3
insert-- 4
`quarry material see the Water Act 2000, schedule 4. 5
wild river area see the Wild Rivers Act 2005, schedule 2.'. 6
Vegetation Management Act 1999 7
1 Section 16-- 8
insert-- 9
`(8) This section does not apply to a declaration of an area of high 10
nature conservation value taken to exist under 11
section 17(1A).'. 12
2 Section 17-- 13
insert-- 14
`(1A) A wild river high preservation area is taken to be declared to 15
be an area of high nature conservation value under 16
subsection (1)(a). 17
`(2A) For an area mentioned in subsection (1A), the declared area 18
code is the code identified in the wild river declaration for the 19
wild river area.'. 20
3 Part 2, division 4-- 21
insert-- 22
`19A Preparing amendment of declared area code 23
`(1) The Minister may prepare an amendment of a declared area 24
code. 25
61
Wild Rivers Bill 2005
Schedule 1 (continued)
`(2) The Minister must consult with the following entities in 1
preparing the amendment-- 2
(a) an advisory committee established to advise the 3
Minister about vegetation management; 4
(b) each local government whose area is affected by the 5
code. 6
`(3) The Minister must give each owner of land that is in the area 7
to which the code applies a written notice inviting the owner 8
to make a submission about the proposed amendment. 9
`(4) The Minister must also give public notice of the proposed 10
amendment. 11
`(5) The notice must be published in a newspaper the Minister 12
considers appropriate and state-- 13
(a) where copies of the proposed amendment may be 14
inspected; and 15
(b) that written submissions may be made by any entity 16
about the proposed amendment; and 17
(c) the day by which submissions must be made, and the 18
person to whom, and the place where, the submissions 19
must be made. 20
`19B Approving amendment of declared area code 21
`(1) The Governor in Council may, by gazette notice, approve the 22
amendment of a declared area code. 23
`(2) The chief executive must keep a copy of the amendment 24
available for inspection by the public-- 25
(a) at the department's head office and regional offices 26
during office hours on business days; and 27
(b) on the department's web site. 28
`(3) On payment of a fee, a person may buy a copy of the 29
amendment. 30
62
Wild Rivers Bill 2005
Schedule 1 (continued)
`(4) The fee for a copy of the amendment must not be more than 1
the reasonable cost of publishing the copy. 2
`(5) The amendment is not subordinate legislation. 3
`19C Minor or stated amendment of declared area code 4
`The Governor in Council may amend a declared area code 5
without section 19A applying if-- 6
(a) the amendment is only to correct a minor error in the 7
code, or to make another change that is not a change of 8
substance; or 9
(b) the code states that an amendment of a stated type may 10
be made to the code by amendment under this 11
subsection and the amendment is of the stated type.'. 12
4 Section 22A-- 13
insert-- 14
`(2A) However, a vegetation clearing application is not for a relevant 15
purpose under this section if the development applied for is-- 16
(a) mentioned in subsection (2)(a), (f), (g), (i) or (j); and 17
(b) proposed for a wild river high preservation area.'. 18
5 Schedule-- 19
insert-- 20
`wild river area see the Wild Rivers Act 2005, schedule 2. 21
wild river declaration see the Wild Rivers Act 2005, 22
schedule 2. 23
wild river high preservation area means a high preservation 24
area under the Wild Rivers Act 2005.'. 25
63
Wild Rivers Bill 2005
Schedule 1 (continued)
Water Act 2000 1
1 Section 20(6)-- 2
omit, insert-- 3
`(6) A person may take overland flow water or take or interfere 4
with subartesian water for any purpose unless-- 5
(a) there is a moratorium notice, a water resource plan or a 6
wild river declaration that limits or alters the water that 7
may be taken or interfered with; or 8
(b) for subartesian water only--a regulation under 9
section 1046 regulates the taking of or interfering with 10
the water.'. 11
2 Section 46-- 12
insert-- 13
`(5) The draft plan, to the extent it applies to a wild river area, 14
must not be inconsistent with the wild river declaration for the 15
area.'. 16
3 Section 47-- 17
insert-- 18
`(ba) to the extent the draft plan applies to a wild river 19
area--the wild river declaration for the area;'. 20
4 Section 55-- 21
insert-- 22
`(2A) Also, the Minister must amend a water resource plan if-- 23
(a) the water resource plan, to the extent it applies to a wild 24
river area, is inconsistent with the wild river declaration 25
for the area; and 26
(b) the inconsistency is in relation to a matter mentioned in 27
the Wild Rivers Act 2005, section 14(1)(h) to (l) or (2).'. 28
64
Wild Rivers Bill 2005
Schedule 1 (continued)
5 Section 57-- 1
insert-- 2
`(c) in relation to a wild river area-- 3
(i) the water resource plan, to the extent it applies to 4
the area, is inconsistent with the wild river 5
declaration for the area; and 6
(ii) the inconsistency is in relation to a matter 7
mentioned in the Wild Rivers Act 2005, section 8
14(1)(h) to (l) or (2); and 9
(iii) the amendment is to ensure consistency with the 10
wild river declaration.'. 11
6 Section 98-- 12
insert-- 13
`(6) The draft plan, to the extent it applies to a wild river area, 14
must not be inconsistent with the wild river declaration for the 15
area.'. 16
7 Section 99-- 17
insert-- 18
`(ca) to the extent the draft plan applies to a wild river 19
area--the wild river declaration for the area;'. 20
8 Section 106-- 21
insert-- 22
`(c) in relation to a wild river area-- 23
(i) the water resource plan has been amended under 24
section 57(c); and 25
(ii) the amendment of the resource operations plan is 26
to ensure consistency with the water resource plan 27
as amended.'. 28
65
Wild Rivers Bill 2005
Schedule 1 (continued)
9 Section 205-- 1
omit, insert-- 2
`205 Decisions to be in accordance with plans and declaration 3
`(1) If a water resource plan, a resource operations plan or a wild 4
river declaration has been approved for an area, the chief 5
executive must make decisions under this part in accordance 6
with the plan or declaration. 7
`(2) If the chief executive makes a decision under this part, in 8
accordance with a water resource plan, a resource operations 9
plan or a wild river declaration, the chief executive is required 10
to give, for the decision-- 11
(a) to the extent a different decision, consistent with the 12
plan, could have been made--an information notice; or 13
(b) otherwise--a notice stating the decision and the reasons 14
for the decision. 15
`(3) In this section-- 16
decision includes a part of a decision.'. 17
10 Section 212, hdg, after `plan'-- 18
insert-- 19
`or declaration'. 20
11 Section 212(1), `or a resource operations plan'-- 21
omit, insert-- 22
`, a resource operations plan or a wild river declaration'. 23
12 Section 266-- 24
insert-- 25
`(4) The application is taken not to have been made if any part of 26
the application-- 27
(a) relates to a wild river area; and 28
66
Wild Rivers Bill 2005
Schedule 1 (continued)
(b) relates to an activity other than-- 1
(i) an activity necessary to control non-native plants 2
or declared pests in the area; or 3
(ii) an activity necessary for specified works in the 4
area; or 5
(iii) an activity that is a necessary and unavoidable part 6
of installing or maintaining works or infrastructure 7
required to support other development for which a 8
development permit is not required or, if a 9
development permit is required, the permit is held 10
or has been applied for.'. 11
13 Section 280-- 12
insert-- 13
`(3) However, if any part of the application relates to a wild river 14
area, the application is taken not to have been made.'. 15
14 Section 814, after subsection (2)-- 16
insert-- 17
`(2AA) Despite subsection (2)(a)(viii)-- 18
(a) a provision of a regulation that permits the destruction 19
of vegetation, excavation or placing of fill if it is carried 20
out under a prescribed guideline does not apply to a wild 21
river area; and 22
(b) subsection (1) continues to apply to the destruction of 23
vegetation, excavation or placing of fill in the area. 24
`(2AB) Subsection (2AA) applies despite the Wild Rivers Act 2005, 25
section 17(2)(b).'. 26
15 Section 851(2)-- 27
omit, insert-- 28
`(2) However, if the decision for which the notice was given is in 29
relation to a water resource plan, a resource operations plan or 30
67
Wild Rivers Bill 2005
Schedule 1 (continued)
a wild river declaration, the interested person may appeal only 1
to the extent a different decision, consistent with the plan or 2
declaration, could have been made.'. 3
16 Section 966(1)(c)-- 4
omit, insert-- 5
`(c) operational work in a drainage and embankment area; 6
or'. 7
17 After section 966-- 8
insert-- 9
`966A Applications in relation to operational work in wild river 10
areas 11
`(1) This section applies to a development application for 12
operational work mentioned in the Integrated Planning Act 13
1997, schedule 8, part 1, table 4, item 3, other than 14
paragraph (d). 15
`(2) Subsection (3) applies if any part of the application relates to 16
operational work in a wild river high preservation area other 17
than-- 18
(a) operational work for town water supply that is not a dam 19
or weir; or 20
(b) operational work related to a water entitlement or water 21
permit. 22
`(3) Despite the Integrated Planning Act 1997, section 3.2.1-- 23
(a) the application is taken not to be a properly made 24
application for that Act; and 25
(b) the assessment manager must refuse to receive the 26
application. 27
`(4) Subsection (5) applies-- 28
(a) to an application not refused under subsection (3); and 29
(b) to the extent the application relates to operational 30
work-- 31
68
Wild Rivers Bill 2005
Schedule 1 (continued)
(i) in a wild river preservation area; or 1
(ii) for town water supply that is not a dam or weir in a 2
wild river high preservation area; or 3
(iii) in a wild river high preservation area, related to a 4
water entitlement or water permit; and 5
(c) despite the Integrated Planning Act 1997, chapter 3, 6
part 3, division 4 and sections 3.5.4, 3.5.5, 3.5.13 and 7
3.5.14. 8
`(5) The assessment manager and any concurrence agency, in 9
assessing and deciding the application, must comply with the 10
applicable code, for the development, mentioned in the wild 11
river declaration for the area. 12
`966B Applications in relation to interfering with overland flow 13
water in wild river areas 14
`(1) This section applies to a development application for 15
operational work mentioned in the Integrated Planning Act 16
1997, schedule 8, part 1, table 4, item 3(d). 17
`(2) Subsection (3) applies if any part of the application relates to 18
operational work in a wild river floodplain management area 19
other than operational work-- 20
(a) for specified works in the area; or 21
(b) stated in the wild river declaration for the area to be 22
assessable development for which an application may be 23
lodged. 24
`(3) Despite the Integrated Planning Act 1997, section 3.2.1-- 25
(a) the application is taken not to be a properly made 26
application for that Act; and 27
(b) the assessment manager must refuse to receive the 28
application. 29
`(4) Subsection (5) applies-- 30
(a) to an application not refused under subsection (3); and 31
69
Wild Rivers Bill 2005
Schedule 1 (continued)
(b) to the extent the application relates to operational work 1
in a wild river floodplain management area-- 2
(i) for specified works in the area; or 3
(ii) stated in the wild river declaration for the area to 4
be assessable development for which an 5
application may be lodged; and 6
(c) despite the Integrated Planning Act 1997, chapter 3, 7
part 3, division 4 and sections 3.5.4, 3.5.5, 3.5.13 and 8
3.5.14. 9
`(5) The assessment manager and any concurrence agency, in 10
assessing and deciding the application, must comply with the 11
applicable code, for the development, mentioned in the wild 12
river declaration for the area. 13
`966C Applications in relation to removal of quarry material in 14
wild river areas 15
`(1) This section applies to a development application for 16
development mentioned in the Integrated Planning Act 1997, 17
schedule 8, part 1, table 5, item 1. 18
`(2) Subsection (3) applies if any part of the application relates to 19
development in a wild river area. 20
`(3) Despite the Integrated Planning Act 1997, section 3.2.1-- 21
(a) the application is taken not to be a properly made 22
application for that Act; and 23
(b) the assessment manager must refuse to receive the 24
application.'. 25
18 Section 967(4)(c), `or water resource plan'-- 26
omit, insert-- 27
`, water resource plan or wild river declaration'. 28
19 After section 1013B-- 29
insert-- 30
70
Wild Rivers Bill 2005
Schedule 1 (continued)
`1013C Floodplain management areas 1
`A wild river floodplain management area is taken to be a 2
drainage and embankment area for this Act.'. 3
20 Section 1014(2)-- 4
insert-- 5
`(gb) state a process for granting or otherwise dealing with 6
unallocated water in a wild river area; and'. 7
21 Section 1046-- 8
insert-- 9
`(8) A wild river subartesian management area is taken to be a 10
subartesian area for this Act.'. 11
22 Schedule 4-- 12
insert-- 13
`applicable code see the Integrated Planning Act 1997, 14
schedule 10. 15
declared pest means a declared pest under the Land 16
Protection (Pest and Stock Route Management) Act 2002. 17
drainage and embankment area includes a wild river 18
floodplain management area as provided for in section 1013C. 19
specified works see the Wild Rivers Act 2005, section 48. 20
subartesian area includes a wild river subartesian 21
management area as provided for in section 1046. 22
wild river area see the Wild Rivers Act 2005, schedule 2. 23
wild river declaration see the Wild Rivers Act 2005, 24
schedule 2. 25
wild river floodplain management area means a floodplain 26
management area under the Wild Rivers Act 2005. 27
71
Wild Rivers Bill 2005
Schedule 1 (continued)
wild river high preservation area means a high preservation 1
area under the Wild Rivers Act 2005. 2
wild river preservation area means a preservation area under 3
the Wild Rivers Act 2005. 4
wild river subartesian management area means a subartesian 5
management area under the Wild Rivers Act 2005.'. 6
23 Schedule 4, definition vegetation-- 7
omit, insert-- 8
`vegetation-- 9
(a) means native plants including trees, shrubs, bushes, 10
seedlings, saplings and reshoots; and 11
(b) for a wild river area, includes dead vegetation.'. 12
72
Wild Rivers Bill 2005
Schedule 2 Dictionary 1
section 3 2
agricultural activities-- 3
1 Agricultural activities means-- 4
(a) cultivating soil; or 5
(b) planting, gathering or harvesting a crop, including 6
a food or fibre crop; or 7
(c) disturbing the soil to establish non-indigenous 8
grasses, legumes or forage cultivars; or 9
(d) using the land for horticulture or viticulture. 10
2 The term does not include-- 11
(a) producing agricultural products for the domestic 12
needs of the occupants of the land; or 13
(b) baling or cutting pasture; or 14
(c) broadcasting seed to establish an improved 15
pasture; or 16
(d) forestry activities. 17
amendment proposal see section 23. 18
amendment proposal notice see section 23. 19
animal husbandry activities-- 20
1 Animal husbandry activities means-- 21
(a) breeding, keeping, raising or caring for animals, 22
for commercial purposes, that-- 23
(i) rely on prepared, packaged or manufactured 24
feed or irrigated or ponded pastures; and 25
(ii) are kept in a pen, yard, enclosure, pond, 26
cage, shed, stables or other confined area or 27
structure; or 28
(b) establishing a feedlot, piggery or dairy. 29
73
Wild Rivers Bill 2005
Schedule 2 (continued)
2 The term does not include-- 1
(a) grazing; or 2
(b) raising livestock for the domestic needs of the 3
occupants of the land; or 4
(c) keeping livestock, for example horses, necessary 5
for working the land; or 6
(d) aquaculture; or 7
(e) environmentally relevant activities. 8
applicable code see the Integrated Planning Act 1997, 9
schedule 10. 10
appropriately qualified, for a person to whom a power under 11
this Act may be delegated, includes having the qualifications, 12
experience or standing appropriate to exercise the power. 13
14
Example of standing--
15
a person's classification level in the public service
assessment manager see the Integrated Planning Act 1997, 16
section 3.1.7. 17
Aurukun project see section 46. 18
catchment includes a sub-catchment. 19
consultation report see section 38. 20
declaration proposal see section 11. 21
declaration proposal notice see section 11. 22
development application see the Integrated Planning Act 23
1997, schedule 10. 24
disaster management see the Disaster Management Act 2003, 25
section 14. 26
environmentally relevant activity see the Environmental 27
Protection Act 1994, section 18. 28
floodplain management area means an area described in a 29
wild river declaration as a floodplain management area. 30
74
Wild Rivers Bill 2005
Schedule 2 (continued)
forestry activities means the growing, managing or harvesting 1
of timber for commercial purposes. 2
high preservation area means the part of a wild river area 3
described as the high preservation area in the wild river 4
declaration for the area. 5
IDAS see the Integrated Planning Act 1997, section 3.1.1. 6
major tributary, of a wild river, means a major tributary 7
mentioned in the wild river declaration for the wild river area 8
that includes the wild river. 9
mining tenement means a prospecting permit, mining claim, 10
exploration permit, mineral development licence or mining 11
lease under the Mineral Resources Act 1989. 12
moratorium period-- 13
(a) for the declaration of a wild river area--see section 9; 14
and 15
(b) for the amendment of a wild river declaration--see 16
section 21. 17
natural resource includes water, minerals, quarry material 18
and native vegetation. 19
notice of intent-- 20
(a) for the declaration of a wild river area--see section 8; 21
and 22
(b) for the amendment of a wild river declaration--see 23
section 20. 24
PNG pipeline project see section 47. 25
preservation area means the part of a wild river area 26
described as the preservation area in the wild river declaration 27
for the area. 28
properly made submission means a submission that-- 29
(a) is made by an entity invited to make the submission; and 30
(b) is in writing and is signed by each entity who made the 31
submission; and 32
75
Wild Rivers Bill 2005
Schedule 2 (continued)
(c) is received on or before the last day for the making of 1
the submission; and 2
(d) states the name and address of each entity who made the 3
submission; and 4
(e) states the grounds of the submission and the facts and 5
circumstances relied on in support of the grounds; and 6
(f) is received by the person stated in the notice inviting the 7
submission. 8
proposed wild river area means a part of the State mentioned 9
in a notice of intent as a proposed wild river area. 10
publish, for a notice, means publish the notice in a newspaper 11
circulating, or by announcement over a radio broadcasting, 12
generally throughout-- 13
(a) for a notice about a proposed wild river declaration--the 14
proposed wild river area to which the declaration 15
relates; and 16
(b) for a notice about a proposed amendment or revocation 17
of a wild river declaration--the wild river area to which 18
the declaration relates. 19
quarry material see the Water Act 2000, schedule 4. 20
resource operations plan see the Water Act 2000, schedule 4. 21
special agreement Act see the Environmental Protection Act 22
1994, section 614(2). 23
special feature, of a wild river area, means a special feature 24
mentioned in the wild river declaration for the area. 25
specified works see section 48. 26
subartesian management area means an area described in a 27
wild river declaration as a subartesian management area. 28
threshold limit, in relation to an activity or a natural resource, 29
means the extent to which the activity may be carried out or 30
the natural resource taken, for example-- 31
(a) the extent to which a structure may be increased; or 32
(b) the amount of water that may be taken. 33
76
Wild Rivers Bill 2005
Schedule 2 (continued)
water resource plan see the Water Act 2000, schedule 4. 1
wild river means a river described as a wild river in a wild 2
river declaration. 3
wild river area means an area declared under part 2 as a wild 4
river area. 5
wild river declaration means a declaration approved under 6
part 2. 7
wild river document see section 39. 8
wild river report see section 40. 9
© State of Queensland 2005
AMENDMENTS TO BILL
1
Wild Rivers Bill 2005
Wild Rivers Bill 2005
Amendments agreed to during Consideration
1 Clause 9--
At page 9, line 4, `earlier'--
omit, insert--
`earliest'.
2 Clause 9--
At page 9, after line 8--
insert--
`(iii) the day that is 12 months after the later of the days
mentioned in paragraph (a) (the 12 month period)
or, if the Minister has extended the 12 month
period, the day to which the period has been
extended.
`(2) The Minister may, before the 12 month period expires, extend
the period by not more than 12 months by publishing a notice
(a moratorium extension notice).'.
3 Clause 10--
At page 9, line 30 to page 10, line 6--
omit, insert--
`(4) For the Mineral Resources Act 1989, part 10A, other than
section 386A--
(a) the proposed wild river area is taken to be a wild river
area; and
(b) the proposed high preservation area is taken to be a high
preservation area; and
(c) the proposed preservation area is taken to be a
preservation area.'.
2
Wild Rivers Bill 2005
4 Clause 21--
At page 16, line 30, `earlier'--
omit, insert--
`earliest'.
5 Clause 21--
At page 17, after line 4--
insert--
`(iii) the day that is 12 months after the later of the days
mentioned in paragraph (a) (the 12 month period)
or, if the Minister has extended the 12 month
period, the day to which the period has been
extended.
`(2) The Minister may, before the 12 month period expires, extend
the period by not more than 12 months by publishing a notice
(a moratorium extension notice).'.
6 Clause 34--
At page 22, after line 27--
insert--
`(1A) The Governor in Council may approve the revocation only if
the Legislative Assembly has, on a motion of which at least 28
days notice has been given, passed a resolution requesting the
Governor in Council to approve the revocation.'.
7 Clause 39--
At page 24, after line 24--
insert--
`(ca) a moratorium extension notice;'.
8 Schedule 1--
At page 55, line 5 to page 56, line 20--
omit, insert--
3
Wild Rivers Bill 2005
`1 After section 381--
insert--
`Part 10A Wild river areas
`382 Definitions for pt 10A
`In this part--
lake see the Water Act 2000, schedule 4.
limited hand sampling techniques, for exploration, means--
(a) taking samples no larger than 20kg; and
(b) for taking the samples, removing material using only
non-mechanical means; and
(c) if digging is necessary--
(i) digging--
(A) no deeper than 1m; and
(B) not more than 1m3; and
(C) along a watercourse or a tributary of a
watercourse or in a lake--at places at least
250m apart; and
(ii) leaving, in the area where the digging has taken
place, any soil or other material disturbed while
taking the samples.
mining tenement see the Wild Rivers Act 2005, schedule 2.
person, in relation to deciding an application under section
385 or 386, means 1 of the following--
(a) the Governor in Council;
(b) the Minister;
(c) the tribunal;
(d) a mining registrar.
proposed wild river area see the Wild Rivers Act 2005,
schedule 2.
special agreement Act see section 735(2).
4
Wild Rivers Bill 2005
watercourse see the Water Act 2000, schedule 4.
wild river area see the Wild Rivers Act 2005, schedule 2.
wild river declaration see the Wild Rivers Act 2005, schedule
2.
wild river high preservation area means a high preservation
area under the Wild Rivers Act 2005.
wild river preservation area means a preservation area under
the Wild Rivers Act 2005.
`383 Grant of mining tenements in wild river areas
`(1) If a mining tenement, other than an exploration permit, is
granted over land that includes a wild river area, the following
parts of the wild river area are excluded from the land to
which the mining tenement applies--
(a) the wild river high preservation area;
(b) watercourses and lakes in the wild river preservation
area.
`(2) If an exploration permit is granted over land that includes a
wild river area--
(a) the wild river high preservation area, other than
watercourses and lakes, is excluded from the land to
which the exploration permit applies; and
(b) to the extent the exploration permit applies to
watercourses and lakes in the wild river area,
exploration may be carried out using only limited hand
sampling techniques.
`(3) Subsections (1) and (2) do not apply to a mining tenement--
(a) for a project for which a special agreement Act was
enacted; and
(b) application for which was allowed, under the special
agreement Act, to be made.
`(4) Subsections (1) and (2) do not prevent a single mining
tenement applying to the land not excluded under subsection
(1) or (2).
5
Wild Rivers Bill 2005
`(5) The holder of a mining tenement is not required to pay rental
on land excluded under this section.
`384 Renewal of mining tenements in wild river areas
`(1) If a mining tenement, other than an exploration permit or a
mining claim, is renewed over land that, at the time of the
renewal, includes a wild river area, the following parts of the
wild river area are excluded from the land to which the
renewed mining tenement applies--
(a) the wild river high preservation area;
(b) watercourses and lakes in the wild river preservation
area.
`(2) If an exploration permit is renewed over land that, at the time
of the renewal, includes a wild river area--
(a) the wild river high preservation area, other than
watercourses and lakes, is excluded from the land to
which the renewed exploration permit applies; and
(b) to the extent the exploration permit applies to
watercourses and lakes in the wild river area,
exploration may be carried out using only limited hand
sampling techniques.
`(3) Subsections (1) and (2) do not apply to a mining tenement--
(a) for a project for which a special agreement Act was
enacted; and
(b) allowed, under the special agreement Act, to be granted.
`(4) Subsections (1) and (2) do not prevent a single mining
tenement applying to the land not excluded under subsection
(1) or (2).
`(5) The holder of a mining tenement is not required to pay rental
on land excluded under this section.
6
Wild Rivers Bill 2005
`385 Amending applications for mining tenements in wild river
areas
`(1) This section applies for an application for a mining tenement,
other than a prospecting permit, (an original application) over
land that includes a wild river area.
`(2) The applicant may apply (an amending application) to the
mining registrar to amend the original application to exclude
all or part of the wild river area from the original application.
`(3) The mining registrar must, within 1 month after receiving the
amending application--
(a) consult with the EPA administering authority about the
amendment; and
(b) advise the applicant of anything further the applicant is
required to do for the amending application to be
approved.
Examples for paragraph (3)(b)--
· notify landholders who may be affected by approval of the
amending application
· submit amendments of documents submitted with the
original application
`(4) If the person deciding the original application is satisfied the
applicant has complied with any requirement under
subsection (3)(b), the person must approve the amending
application.
`(5) If the mining registrar receives an amending application--
(a) the original application must not proceed until the first
of the following happens--
(i) the amending application is approved;
(ii) the applicant withdraws the amending application;
and
(b) any time limit for the original application does not
include the period--
(i) starting when the amending application is
received; and
(ii) ending under paragraph (a)(i) or (ii).
7
Wild Rivers Bill 2005
`(6) An amendment of an original application under this section
does not prevent a single mining tenement applying to the
remaining land mentioned in the original application.
`386 Addition of excluded land to mining tenement
`(1) This section applies if--
(a) a person holds a mining tenement other than a
prospecting permit; and
(b) at the time the mining tenement was granted or renewed,
land was excluded under section 383 or 384 from the
land to which the mining tenement applies (the mining
tenement land).
`(2) The holder of the mining tenement may, within 12 months
after the mining tenement was granted or renewed, apply to
the mining registrar to include in the mining tenement land,
land--
(a) that adjoins the mining tenement land; and
(b) that was excluded under section 383 or 384 from the
mining tenement land; and
(c) that would not, at the time the application is made under
this section, be excluded under section 383 or 384.
`(3) The application must be decided by a person authorised under
this Act to decide an application for the type of mining
tenement held.
`(4) The person deciding the application must--
(a) consider whether it is appropriate to include the land in
the mining tenement land, including considering--
(i) any objections made to the grant of the mining
tenement; and
(ii) any relevant recommendations of the tribunal in
relation to the grant of the mining tenement; and
(b) consult with the EPA administering authority about the
application.
`(5) If the person decides to approve the application, the person
may--
8
Wild Rivers Bill 2005
(a) impose additional conditions on the mining tenement;
and
(b) fix an amount of security to be deposited in addition to
any security for the existing mining tenement.
`(6) The person must not approve an application in relation to a
mining claim or a mining lease, until compensation between
the applicant and the owner of the land to which the
application applies has been agreed or determined.
`(7) Within 5 business days after the application is decided, the
mining registrar must--
(a) notify the EPA administering authority and the mining
tenement holder of the decision; and
(b) if the application is approved--
(i) amend the mining tenement to give effect to the
approval; and
(ii) record particulars of the approval in the
appropriate register.
`386A Addition of wild river area to mining tenement
`(1) A person who holds a mining tenement other than a
prospecting permit may apply to include in the land to which
the mining tenement applies (the mining tenement land),
land--
(a) that is, or was, either--
(i) a proposed wild river area; or
(ii) a wild river area; and
(b) that adjoins the mining tenement land; and
(c) that is within the boundary of the land to which the
original application for the mining tenement related.
`(2) An application under this section must be made and dealt with
as if it were an application under this Act for the type of
mining tenement held.
`(3) However, if the application is for a mining claim or a mining
lease--
9
Wild Rivers Bill 2005
(a) the posting of a copy of a certificate of public notice on
a conspicuous part of the land to which the application
relates is sufficient compliance with a requirement of
this Act to post a copy of the certificate on the datum
post of the land; and
(b) the certificate of application and the certificate of public
notice must state, as the number of the proposed mining
claim or mining lease, the number of the existing mining
claim or mining lease, together with the words `addition
of wild river area'.
`(4) Within 5 business days after the application is decided, the
mining registrar must--
(a) notify the EPA administering authority and the mining
tenement holder of the decision; and
(b) if the application is approved--
(i) amend the mining tenement to give effect to the
approval; and
(ii) record particulars of the approval in the
appropriate register.
`(5) This section does not affect the application of sections 383
and 384.'.
9 Schedule 1--
At page 67, lines 16 to 22--
omit, insert--
`(2) Subsection (3) applies if any part of the application relates
to--
(a) operational work in a wild river high preservation area
that is a dam or weir; or
(b) other operational work in a wild river high preservation
area--
(i) not related to a water entitlement or water permit;
and
(ii) not for town water supply.'.
10
Wild Rivers Bill 2005
10 Schedule 1--
At page 67, line 30 to page 68, line 5--
omit, insert--
`(b) to the extent the application relates to--
(i) operational work in a wild river preservation area;
or
(ii) operational work, that is not a dam or weir, in a
wild river high preservation area--
(A) related to a water entitlement or water
permit; or
(B) for town water supply.'.
11 Schedule 2--
At page 72, before line 3--
insert--
`activity, in relation to carrying out an activity in a wild river
area, includes the construction of works.'.
12 Schedule 2--
At page 74, after line 12--
insert--
`moratorium extension notice--
(a) about a proposed wild river declaration--see section 9;
or
(b) about a proposed amendment of a wild river
declaration--see section 21.'.
13 Schedule 2--
At page 74, line 30--
omit.
11
Wild Rivers Bill 2005
14 Schedule 2--
At page 75, lines 11 to 19--
omit, insert--
`publish, for a notice, means publish the notice--
(a) in a newspaper circulating generally throughout the
State; and
(b) in a newspaper circulating, or by announcement over a
radio broadcasting, generally throughout--
(i) for a notice about a proposed wild river
declaration--the proposed wild river area to which
the declaration relates; or
(ii) for a notice about a proposed amendment or
revocation of a wild river declaration--the wild
river area to which the declaration relates.'.
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