NATURAL RESOURCES AND OTHER LEGISLATION AMENDMENT ACT 2019 - As at 24 May 2019 - Act 17 of 2019
Table of Provisions
CHAPTER 1 - PRELIMINARY
1 Short title2 Commencement
CHAPTER 2 - AMENDMENTS OF LAND LEGISLATION COMMENCING ON ASSENT
3 Act amended4 Amendment of s 35 (Minister may grant lease)5 Insertion of new pt 8, div 36 Amendment of s 91 (Review of Act)7 Amendment of pt 11, hdg (Repeal and transitional provisions)8 Insertion of new pt 12
9 Act amended10 Amendment of s 10 (Lands that are transferable lands)11 Amendment of s 12 (Aboriginal reserve land)12 Amendment of s 15 (Definition for div 4)13 Amendment of s 27 (Tidal land)14 Amendment of s 28 (Meaning of city or town land)15 Amendment of s 42 (Minister to act as soon as possible)16 Amendment of s 55 (Reservations of forest products and quarry material etc.)17 Amendment of s 82 (Reservations of forest products and quarry material etc.)18 Insertion of new s 249A19 Amendment of s 258 (Particular information to be recorded in register)20 Insertion of new s 289 21 Insertion of new ss 298 and 298A22 Insertion of new pt 25, div 6
23 Regulation amended24 Amendment of s 3 (Definitions)25 Omission of pt 6 (Declarations)26 Renumbering of pt 6A (Protected areas in Cape York Peninsula Region)27 Amendment of s 48A (Prescribed protected areas—Act, s 173) 28 Insertion of new s 48AA29 Amendment of s 49 (References to plans)30 Omission of s 50A (Change to boundaries of particular city—Act, s 28) 31 Omission of schs 1 and 232 Amendment of sch 3 (Available State land that is claimable land)33 Omission of sch 4 (Aboriginal reserve land)34 Relocation and renumbering of sch 4A (Prescribed protected areas)35 Renumbering of schs 3 and 5
36 Act amended37 Omission of s 16 (Annual report)
38 Act amended39 Amendment of s 16 (Deciding appropriate tenure)40 Amendment of s 100 (Public notice of closure)41 Replacement of ch 6, pt 4, div 3A (Mediation for disputes about terms of particular subleases)42 Amendment of s 375 (Document of transfer to trustee)42A Amendment of section 390C (Definitions for chapter)43 Amendment of s 393 (Delegation by chief executive)44 Amendment of s 394 (Committees)45 Insertion of new ch 7, pt 3C46 Amendment of s 434B (Availability of short-term extension in particular circumstances)47 Insertion of new ch 9, pt 448 Amendment of sch 6 (Dictionary)
49 Act amended50 Omission of ss 25–3051 Amendment of sch 1 (Other amendments)
PART 7 - AMENDMENT OF LAND REGULATION 2009
52 Regulation amended53 Insertion of new pt 5A54 Amendment of sch 11 (Fees)
55 Act amended56 Amendment of s 94 (Meaning of high-density development easement)57 Amendment of s 110 (Instrument of transfer to trustee)58 Amendment of s 140 (Effect of priority notice)59 Amendment of s 142 (Lapsing of priority notice)60 Amendment of s 148 (Priority of instruments)61 Insertion of new pt 12, div 8
62 Act amended63 Amendment of s 18 (What is a bona fide sale)64 Amendment of s 53 (Valuer-general’s power)65 Amendment of ch 10, hdg (Repeal, savings and transitional provisions)66 Amendment of s 268 (Operation and application of pt 3)67 Insertion of new ch 1168 Amendment of schedule (Dictionary)
69 Act amended70 Amendment of s 5 (Mutual recognition legislation not affected)71 Amendment of s 12 (Membership of board)72 Amendment of s 19 (Vacation of office)73 Amendment of s 21 (Casual vacancy in member’s office)74 Amendment of s 22 (Leave of absence for a member)75 Replacement of s 27 (Quorum)76 Replacement of ss 75 and 76 77 Amendment of s 130 (Appointment)78 Amendment of s 144 (General powers after entering places)79 Insertion of new s 188B80 Insertion of new s 190A81 Insertion of new pt 1482 Amendment of sch 3 (Dictionary)
83 Regulation amended84 Insertion of new s 1A
85 Act amended86 Amendment of s 9 (Lands that are transferable lands)87 Amendment of s 11 (Torres Strait Islander reserve land)88 Amendment of s 12 (Definition for div 4)89 Amendment of s 22 (Tidal land)90 Amendment of s 23 (Meaning of city or town land)91 Amendment of s 28ZI (Cancellation of deeds of grant in trust, reserves etc.)92 Amendment of s 41 (Existing interests)93 Omission of s 42 (Interests to be endorsed on deed)94 Amendment of s 50 (Reservations of forest products and quarry material etc.)95 Insertion of new s 155A96 Amendment of s 164 (Particular information to be recorded in register)97 Insertion of new s 193 98 Insertion of new pt 19, div 5
99 Regulation amended100 Omission of pt 4A (Declaration)
101 Act amended102 Amendment of s 8 (Panel of nominees)
CHAPTER 3 - AMENDMENTS OF LAND LEGISLATION COMMENCING ON PROCLAMATION
103 Act amended104 Amendment of s 23A (Floating reservation on plan of subdivision)105 Amendment of s 26C (Effect of resumption of forest entitlement area)106 Amendment of s 32 (State leases over reserves)107 Amendment of s 34H (Dealing with improvements)108 Amendment of s 38G (Dealing with improvements)109 Amendment of s 41 (Survey not needed)110 Amendment of s 48 (Trustees to give information and allow inspection of records)111 Amendment of s 55H (Dealing with improvements)112 Amendment of s 57 (Trustee leases)113 Amendment of s 58 (Other transactions relating to trustee leases)114 Amendment of s 59 (Basis of Ministerial approval)115 Amendment of s 60 (Trustee permits)116 Amendment of s 61 (Conditions on trustee leases and trustee permits)117 Amendment of s 64 (Minister may dispense with approval)118 Amendment of s 66 (Right to remove improvements on cancellation)119 Amendment of s 67 (Power to mortgage trust land)120 Amendment of s 68 (Mortgagee in possession)121 Amendment of s 82 (Trustees may transfer trust to local government)122 Amendment of s 98 (Closure of road)123 Amendment of ch 3, pt 2, div 3, hdg (Road licences for temporarily closed roads)124 Amendment of s 103 (Issue of road licence)125 Amendment of s 104 (Conditions of issuing road licence)126 Amendment of s 105 (Cancellation or surrender of road licence)127 Omission of s 107 (Reopening a temporarily closed road)128 Amendment of s 113 (Public notice of availability to be given)129 Amendment of s 117 (Interest may be withdrawn from auction, tender or ballot)130 Amendment of s 118 (Appeal against exclusion from ballot or tender)131 Amendment of s 120 (Offer to winner of ballot or tender)132 Amendment of s 137 (Right to occupy)133 Amendment of s 138 (Default)134 Amendment of s 201 (Information condition)135 Amendment of s 202 (Improvement condition)136 Amendment of s 240E (Sale by lessee)137 Amendment of s 240F (Sale by mortgagee instead of forfeiture)138 Amendment of s 240G (Application)139 Amendment of s 240H (Notice of approval)140 Amendment of s 240M (Transition to sale agreement)141 Amendment of s 240O (Making and registration of transition to sale agreement)142 Amendment of s 240S (Notice of forfeiture)143 Amendment of s 243 (Improvements on forfeited lease)144 Insertion of new ch 5A145 Amendment of s 287 (Registered documents must comply with particular requirements)146 Amendment of s 294J (Building management statement affecting freehold and non-freehold land)147 Amendment of s 299A (No registration in absence of required approval or consent of Minister)148 Replacement of s 311 (Witnessing documents for individuals)149 Omission of s 318A (Minister may lodge mandatory standard terms document)150 Omission of s 320A (Conflict with mandatory standard terms document)151 Amendment of s 322 (Requirements for transfers)152 Insertion of new ss 322AA and 322AB153 Amendment of s 326A (Disclosure of information to proposed transferee of lease or licensee)154 Amendment of s 327 (Absolute surrender of freehold land)155 Amendment of s 327A (Surrender of lease)156 Amendment of s 327B (Applying to surrender freehold land)157 Amendment of s 327C (Applying to surrender lease)158 Amendment of s 327I (Dealing with improvements)159 Amendment of s 329 (Notice of surrender needed)160 Amendment of s 330 (Requirements for effective surrender)161 Amendment of s 332 (Requirements for subleases)162 Insertion of new s 337A163 Amendment of s 358 (Changing deeds of grant—change in description or boundary of land)164 Amendment of s 360A (Minister may change term leases, other than State leases, or perpetual leases)165 Amendment of s 360C (Applying to amend description of lease)166 Amendment of s 362 (Easements may be created only by registration)167 Amendment of s 363 (Registration of easement)168 Amendment of s 369A (Transfer of public utility easements)169 Amendment of s 373B (Requirements of document creating covenant)170 Amendment of s 373C (Amending document creating covenant)171 Amendment of s 373G (Profit a prendre by registration)172 Amendment of s 373ZB (Definitions for div 8D)173 Amendment of s 373ZD (Creation only by registration)174 Amendment of s 373ZE (Requirements for registration)175 Amendment of s 373ZF (Amending interest)176 Amendment of s 373ZG (When amendment or replacement of approved agreement ends interest)177 Amendment of s 373ZH (Surrendering or removing interest)178 Amendment of s 373ZI (Notice of end of approved agreement)179 Amendment of s 373ZL (Reviewing approved agreements for indigenous cultural interests)180 Amendment of s 375A (Document to vest in trustee)181 Amendment of s 390A (Special provision for transport related land)182 Amendment of s 391A (General provision about approvals)183 Amendment of s 420FA (Regard may be had to information and advice)184 Amendment of s 420I (General power to impose conditions)185 Insertion of new s 533186 Insertion of new ch 9, pt 4, divs 4–6187 Amendment of sch 2 (Original decisions)188 Amendment of sch 6 (Dictionary)
189 Act amended190 Replacement of s 162 (Obligations of witness for individual)191 Insertion of new s 219
PART 3 - AMENDMENT OF LAND TITLE REGULATION 2015
192 Regulation amended193 Amendment of s 3 (Definitions)194 Amendment of s 4 (Lodging instruments)195 Amendment of s 6 (Fees)196 Omission of sch 1 (Offices of the land registry)197 Renumbering of schs 2 and 3
CHAPTER 4 - AMENDMENTS OF RESOURCES LEGISLATION COMMENCING ON ASSENT
198 Act amended199 Insertion of new ch 9, pt 5200 Amendment of sch 2 (Dictionary)
201 Act amended202 Amendment of s 390 (Restriction on building on pipeline land for GHG tenure)203 Amendment of sch 2 (Dictionary)
204 Act amended205 Amendment of s 7 (What is a land access dispute)
206 Act amended207 Insertion of new ss 15A and 15B208 Omission of ch 3, pt 2, div 6 (Access to carry out rehabilitation and environmental management)209 Insertion of new ch 3, pt 4A210 Amendment of s 99A (Jurisdiction to decide alleged breach of conduct and compensation agreement)211 Amendment of sch 2 (Dictionary)
212 Act amended213 Amendment of s 3 (Main purposes)214 Amendment of s 63 (Application of subdivision)215 Amendment of sch 1 (Dictionary)
216 Act amended217 Omission of ss 7A and 7B218 Omission of s 23 (Refund upon rejection of application)219 Replacement of s 85A (Deciding whether to grant mining claim if compensation not determined)220 Amendment of s 135 (Abandonment of application for exploration permit)221 Amendment of s 136 (Grant of exploration permit on application)222 Amendment of s 136N (Grant of exploration permit for surrendered exploration permits)223 Amendment of s 136S (Deciding application)224 Amendment of s 136T (Withdrawing application)225 Amendment of s 186 (Minister may grant or refuse application)226 Omission of s 188 (Upon rejection of application, application fee or part may be retained)227 Amendment of s 189 (Abandonment of application for mineral development licence)228 Amendment of s 231A (Application of pts 1 and 2)229 Replacement of s 279A (Deciding whether to grant mining lease if compensation not determined)230 Amendment of s 334J (Access rights for particular activities)231 Amendment of s 344 (Definitions for part)232 Amendment of s 344A (Authorised person to carry out rehabilitation activities)233 Amendment of s 344B (Entering land to carry out rehabilitation activities)234 Amendment of s 344C (Notice of entry)235 Amendment of s 344D (Obligation of authorised person in carrying out rehabilitation activities)236 Insertion of new s 386PA237 Insertion of new ch 15, pt 15238 Amendment of sch 2 (Dictionary)
239 Act amended240 Amendment of s 2 (Definitions)
241 Act amended242 Amendment of sch 2 (Dictionary)
CHAPTER 5 - AMENDMENTS OF RESOURCES LEGISLATION COMMENCING ON PROCLAMATION
243 Act amended244 Amendment of s 3 (Application of Act to Commonwealth land and coastal waters of the State)245 Insertion of new s 3BB246 Amendment of s 127 (Land subject to exploration permit)247 Insertion of new s 130AA248 Amendment of s 133 (Application for exploration permit)249 Amendment of s 134A (Priority of applications for grant of exploration permit)250 Amendment of s 136C (Call for tenders)251 Amendment of s 136E (Requirements for making tender)252 Amendment of s 136G (Amendment of tender)253 Amendment of s 136M (Application for exploration permit for surrendered exploration permits)254 Amendment of s 136N (Grant of exploration permit for surrendered exploration permits)255 Amendment of s 136R (Application)256 Amendment of s 137 (Prescribed criteria for grant of exploration permit)257 Amendment of s 137A (Details of exploration permit to be recorded in register)258 Amendment of s 139 (Periodic reduction in area of exploration permit)259 Amendment of s 141 (Conditions of exploration permit)260 Insertion of new s 141A261 Amendment of s 141C (Application to vary conditions of existing permit)262 Amendment of s 144 (Provision of security)263 Amendment of s 146 (Initial term of exploration permit)264 Amendment of s 147 (Application for renewal of exploration permit)265 Amendment of s 147A (Decision on application)266 Amendment of s 147C (Continuation of permit while application being dealt with)267 Insertion of new ss 147CA and 147CB268 Amendment of s 147D (When term of renewed permit starts)269 Amendment of s 147F (Renewal of permit must be in name of last recorded transferee)270 Replacement of s 148 (Rights and obligations upon application for mining claim, mining lease or mineral development licence)271 Amendment of s 161 (Surrender of exploration permit)272 Insertion of new ch 15, pt 15, div 1, hdg273 Insertion of new ch 15, pt 15, div 2274 Amendment of sch 2 (Dictionary)
275 Act amended276 Amendment of s 35 (Call for tenders)277 Amendment of s 41 (Deciding whether to grant authority to prospect)278 Amendment of s 42 (Provisions of authority to prospect)279 Insertion of new s 42A 280 Replacement of ch 2, pt 1, div 3, sdiv 1 (Function and purpose of work program)281 Amendment of s 46 (Operation of sdiv 2)282 Amendment of s 47 (Program period)283 Replacement of s 48 (General requirements)284 Replacement of s 51 (General requirements)285 Amendment of s 52 (Program period)286 Amendment of s 53 (Implementation of evaluation program for potential commercial area)287 Amendment of s 56 (Authority taken to have work program until decision on whether to approve proposed work program)288 Amendment of s 57 (Deciding whether to approve proposed program)289 Amendment of s 59 (Restrictions on amending work program)290 Amendment of s 62 (Deciding application)291 Omission of ch 2, pt 1, div 3, sdiv 7 (Special statutory extension of work programs)292 Insertion of new s 64A293 Amendment of s 65 (Standard relinquishment condition)294 Amendment of s 66 (Part usually required to be relinquished)295 Amendment of s 68 (Adjustments for sub-blocks that can not be counted)296 Amendment of s 70 (Relinquishment must be by blocks)297 Replacement of s 78 (Compliance with exploration activities in work program)298 Amendment of s 84 (Deciding application)299 Amendment of s 85 (Provisions and term of renewed authority)300 Amendment of s 89 (Applying for potential commercial area)301 Amendment of s 90 (Deciding potential commercial area application)302 Amendment of s 105 (Deciding application)303 Insertion of new ch 2, pt 1, div 8, sdiv 2A304 Amendment of s 107A (Application for special amendment)305 Amendment of s 107D (Approval of special amendment)306 Amendment of s 168 (Area of petroleum lease)307 Insertion of new ch 2, pt 2, div 7, sdiv 1A308 Amendment of s 173 (Deciding application)309 Amendment of s 332 (Right to apply for petroleum lease)310 Amendment of s 352 (Right to apply for petroleum lease)311 Insertion of new ch 15, pt 24312 Amendment of sch 1 (Reviews and appeals)313 Amendment of sch 2 (Dictionary)
CHAPTER 6 - AMENDMENTS OF WATER LEGISLATION
314 Act amended315 Amendment of s 53AQ (Provision about service areas—after water netserv plan is in effect)316 Amendment of s 92DB (Provision about service areas—after water netserv plan is in effect)317 Amendment of s 99BRCK (Requirements for infrastructure charges notice)318 Amendment of ch 6, hdg (Transitional provisions)319 Insertion of new ch 6, pt 12
320 Act amended321 Amendment of s 13 (Delegation)322 Amendment of s 36 (Quarterly reports)323 Replacement of s 56 (Meaning of community service obligations)
324 Act amended325 Amendment of s 40 (Chief executive may release unallocated water)326 Amendment of s 106 (What is a water licence)327 Replacement of s 109 (When application may not be made)328 Amendment of s 112 (Public notice of application for water licence)329 Amendment of s 134 (Amendment of water licence after show cause process)330 Amendment of s 241 (Referral panels)331 Replacement of ch 4, pt 4, div 1 (Appointment etc. of board of directors)332 Amendment of s 782 (Compliance with compliance notice)333 Insertion of new s 808A334 Replacement of s 816 (Unauthorised water bore activities)335 Insertion of new s 829336 Amendment of s 1014 (Regulation-making power)337 Amendment of s 1235 (Term of existing water licence)338 Insertion of new ch 9, pt 12339 Amendment of sch 4 (Dictionary)
340 Act amended341 Amendment of s 30A (Ownership and operation of service provider’s infrastructure that is part of land)342 Replacement of s 160 (Application of pt 5)343 Replacement of s 161 (Declaration of service area)344 Amendment of s 162 (Notice of declaration of service area)345 Amendment of s 167 (Owner may ask for connection to service provider’s infrastructure)346 Amendment of s 168 (Notice requiring connection to registered service)347 Amendment of s 301 (Making declaration)348 Amendment of s 352K (Approval of plan)349 Amendment of s 352Q (Amending plan by agreement)350 Amendment of s 352S (Renewal of plan)351 Replacement of s 366 (Sections 366–369 not used)352 Amendment of s 390 (Minister may declare temporary full supply level)353 Insertion of new ch 10, pt 12354 Amendment of sch 3 (Dictionary)
CHAPTER 7 - AMENDMENTS OF OTHER ACTS
355 Act amended356 Amendment of s 259A (Regulation may declare a State electricity entity)357 Amendment of sch 5 (Dictionary)
358 Act amended359 Amendment of sch 2 (Entities to which this Act does not apply)
PART 3 - MINOR AND CONSEQUENTIAL AMENDMENTS
http://www.austlii.edu.au/au/legis/qld/num_act/nraolaa2019484/
