Mineral and Energy Resources and Other Legislation Amendment Act 2020

1Short title

This Act may be cited as the Mineral and Energy Resources and Other Legislation Amendment Act 2020.

2Commencement

This Act, other than the following provisions, commences on a day to be fixed by proclamation—

(a)part 2, divisions 1 and 2;

(b)parts 3 and 13;

(c)part 4, heading and sections 29 and 33;

(d)part 14;

(e)part 17, heading and sections 209 and 210;

(f)part 18.

3Act amended

This part amends the Coal Mining Safety and Health Act 1999.

Note—

See also the amendments in schedule 1.

4Amendment of s 54 (Appointment of site senior executive)

(1)Section 54—
insert—

(4A)A coal mine operator for a coal mine or for a separate part of a surface mine must not appoint a person to be site senior executive for the coal mine or the separate part of the surface mine unless the person is an employee of the coal mine operator.

Maximum penalty—500 penalty units.

(2)Section 54(4A) and (5)—
renumber as section 54(5) and (6).

5Amendment of s 57 (Appointment of another site senior executive during temporary absence)

(1)Section 57—
insert—

(1A)A coal mine operator for a coal mine must not appoint a person under subsection (1) to act as the site senior executive during an absence unless the person is an employee of the coal mine operator.

Maximum penalty—500 penalty units.

(2)Section 57(1A) and (2)—
renumber as section 57(2) and (3).

6Amendment of s 59 (Additional requirements for management of surface mines)

Section 59—
insert—

(2)The coal mine operator for the surface mine must ensure that the site senior executive appoints a person under subsection (1) only if the person is an employee of the coal mine operator.

Maximum penalty—500 penalty units.

7Amendment of s 60 (Additional requirements for management of underground mines)

Section 60—
insert—

(12)The coal mine operator for the underground mine must ensure that a site senior executive required to appoint a person under subsection (2) or (4), or an underground mine manager required to appoint a person under subsection (8), (9) or (10), appoints a person under the subsection only if the person is an employee of the coal mine operator.

Maximum penalty—500 penalty units.

8Amendment of s 61 (Appointment of ventilation officer)

(1)Section 61—
insert—

(3A)Also, the coal mine operator for the underground mine must ensure that the underground mine manager appoints a person under subsection (2) only if the person is an employee of the coal mine operator.

Maximum penalty—500 penalty units.

(2)Section 61(5), penalty, ‘for subsection (5)’—
omit.

(3)Section 61(3A) to (6)—
renumber as section 61(4) to (7).

9Amendment of s 61A (Absence of ventilation officer)

Section 61A—
insert—

(5)Also, the coal mine operator for the underground mine must ensure the underground mine manager appoints a person under subsection (3) only if the person is an employee of the coal mine operator.

Maximum penalty—500 penalty units.

10Insertion of new pt 20, div 9

Part 20—
insert—

Division 9 Transitional provisions for Mineral and Energy Resources and Other Legislation Amendment Act 2020

319Deferral of obligation of coal mine operators to ensure employees are appointed to particular positions

Sections 54(5), 57(2), 59(2), 60(12), 61(4) and 61A(5), as inserted by the Mineral and Energy Resources and Other Legislation Amendment Act 2020, do not apply to a coal mine operator for a coal mine until 18 months after the commencement.

320Particular appointments of persons who are not employees of coal mine operators made before commencement

(1)This section applies if, immediately before the commencement, a person (the appointee) held any of the following appointments in relation to a coal mine—

(a)an appointment under section 54 as the site senior executive for the coal mine or, if the coal mine is or includes a separate part of a surface mine, the separate part;

(b)an appointment under section 57 to act as the site senior executive;

(c)an appointment under section 59 to carry out the responsibilities and duties prescribed under a regulation in 1 or more surface mine excavations;

(d)an appointment under section 60(2) as the underground mine manager;

(e)an appointment under section 60(4) as the alternate underground mine manager;

(f)an appointment under section 60(8) to be responsible for the control and management of underground activities when the underground mine manager is not in attendance;

(g)an appointment under section 60(9) to have control of activities in 1 or more explosion risk zones;

(h)an appointment under section 60(10) to control and manage the mechanical and electrical engineering activities;

(i)an appointment under section 61(2) as the ventilation officer;

(j)an appointment under section 61A(3) to act as the ventilation officer.

(2)The appointee is taken to hold a valid appointment under the provision mentioned in subsection (1) even if the appointee is not an employee of the coal mine operator for the mine.

(3)However, if the appointee is not an employee of a coal mine operator, the appointee is taken to hold a valid appointment under the provision mentioned in subsection (1) only until the day that is 18 months after the commencement.

(4)No compensation is payable to an appointee because of this section.

11Insertion of new pt 3A

After part 3—
insert—

Part 3A Industrial manslaughter

48ADefinitions for part

(1)In this part—

conduct means an act or omission to perform an act.

employer, for a coal mine, means a person who employs or otherwise engages a coal mine worker.

executive officer, of a corporation, means a person who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director or the person’s position is given the name of executive officer.

senior officer, of an employer for a coal mine, means—

(a)if the employer is a corporation—an executive officer of the corporation; or

(b)otherwise—the holder of an executive position (however described) in relation to the employer who makes, or takes part in making, decisions affecting all, or a substantial part, of the employer’s functions.

(2)For this part, a person’s conduct causes death if it substantially contributes to the death.

48BException for the Criminal Code, s 23

The Criminal Code, section 23 does not apply in relation to an offence against this part.

48CIndustrial manslaughter—employer

(1)An employer for a coal mine commits an offence if—

(a)a coal mine worker—

(i)dies in the course of carrying out work at the coal mine; or

(ii)is injured in the course of carrying out work at the coal mine and later dies; and

(b)the employer’s conduct causes the death of the coal mine worker; and

(c)the employer is negligent about causing the death of the coal mine worker by the conduct.

Maximum penalty—

(a)for an individual—20 years imprisonment; or

(b)for a body corporate—100,000 penalty units.

Note—

See section 261 in relation to imputing to a body corporate particular conduct of officers, employees or agents of the body corporate.

(2)An offence against subsection (1) is a crime.

48DIndustrial manslaughter—senior officer

(1)A senior officer of an employer for a coal mine commits an offence if—

(a)a coal mine worker—

(i)dies in the course of carrying out work at the coal mine; or

(ii)is injured in the course of carrying out work at the coal mine and later dies; and

(b)the senior officer’s conduct causes the death of the coal mine worker; and

(c)the senior officer is negligent about causing the death of the coal mine worker by the conduct.

Maximum penalty—20 years imprisonment.

(2)An offence against subsection (1) is a crime.

12Amendment of s 255 (Proceedings for offences)

(1)Section 255(1), after ‘this Act’—
insert—

, other than an offence against part 3A,

(2)Section 255(4)—
insert—

Note—

See, however, section 264 in relation to particular orders for costs.

(3)Section 255—
insert—

(9A)Nothing in this section affects the ability of the director of public prosecutions to bring proceedings for an offence against this Act.

(4)Section 255(10), definition serious offence—
insert—

(aa)an offence against part 3A; or

(5)Section 255(10), definition serious offence, paragraphs (aa) and (b)—
renumber as paragraphs (b) and (c).

13Amendment of s 256B (Procedure if prosecution not brought)

Section 256B(1)(c)—
omit, insert—

(c)the following period has elapsed from when the act or omission happened—

(i)if the act or omission constitutes an offence against part 3A—at least 6 months;

(ii)otherwise—at least 6 months but no more than 12 months.

14Amendment of s 257 (Limitation on time for starting proceedings)

Section 257—
insert—

(2)Subsection (1) does not apply to a proceeding for an offence against part 3A.

15Amendment of s 264 (Costs of investigation)

(1)Section 264, heading—
omit, insert—

264Orders for costs

(2)Section 264, before subsection (1)—
insert—

(1A)This section applies in relation to a proceeding for an offence against this Act.

(1B)An Industrial Magistrates Court may award a represented party for the proceeding costs of the representation.

(1C)Subsection (2) applies despite section 255(4) and the Industrial Relations Act 2016, section 530(6).

(3)Section 264—
insert—

(3)In this section—

represented party, for a proceeding, means a party to the proceeding, or a person ordered or permitted to appear or to be represented by a lawyer, who is represented by a lawyer.

(4)Section 264(1A) to (3)—
renumber as section 264(1) to (6).

15AAmendment of s 275AA (Protection from reprisal)

Section 275AA(1), penalty, ‘40 penalty units’—
omit, insert—

1,000 penalty units

16Insertion of new s 321

After section 320, as inserted by this Act—
insert—

321Validation of particular orders for costs

(1)This section applies to a costs order purportedly made by an Industrial Magistrates Court before the commencement in relation to a proceeding for an offence against this Act.

(2)The making of the costs order is, and is taken to always have been, as valid as it would have been if amended section 264 had been in effect from 16 March 2001.

(3)Anything done under the costs order is, and is taken to always have been, as valid as it would have been if amended section 264 had been in effect from 16 March 2001.

(4)If the repealed Industrial Relations Act 1999 applied to the proceeding, amended section 264 applies as if the reference in section 264(3) to the Industrial Relations Act 2016, section 530(6) were a reference to section 319(3) of the repealed Act.

(5)In this section—

amended section 264 means section 264 as amended by the Mineral and Energy Resources and Other Legislation Amendment Act 2020.

costs order means an order awarding a represented party for a proceeding costs of the representation.

Industrial Magistrates Court includes an Industrial Magistrates Court under the repealed Industrial Relations Act 1999.

represented party, for a proceeding, means a party to the proceeding, or a person ordered or permitted to appear or to be represented by a lawyer, who is represented by a lawyer.

17Amendment of sch 3 (Dictionary)

Schedule 3—
insert—

causes, for part 3A, see section 48A(2).

conduct, for part 3A, see section 48A(1).

employer, for a coal mine, for part 3A, see section 48A(1).

executive officer, of a corporation, for part 3A, see section 48A(1).

senior officer, of an employer for a coal mine, for part 3A, see section 48A(1).

18Act amended

This part amends the Energy and Water Ombudsman Act 2006.

19Amendment of s 6D (Who is a relevant energy customer)

(1)Section 6D(1)—
insert—

(c)a person who, under an energy Act, is supplied energy by a prescribed energy entity.

(2)Section 6D(2), after ‘on-supplier’—
insert—

, who is not a prescribed energy entity,

20Amendment of s 7 (What is an energy entity)

(1)Section 7, heading, after ‘entity’—
insert—

and a prescribed energy entity

(2)Section 7—
insert—

(e)a prescribed energy entity.

(3)Section 7—
insert—

(2)A prescribed energy entity is an exempt seller or another entity prescribed to be an energy entity by regulation.

21Amendment of s 12 (Restrictions on functions—energy entities)

Section 12(1)(d)—
omit, insert—

(d)disputes between—

(i)a small customer under an energy Act, or an eligible non-residential energy customer: and

(ii)an on-supplier under an energy Act, other than a prescribed energy entity;

22Amendment of s 64 (Scheme participation—energy entities)

Section 64(1), after ‘seller’—
insert—

, other than a prescribed energy entity,

23Amendment of s 66 (When participation fee is payable)

Section 66—
insert—

(5)However, if a scheme participant is a prescribed energy entity—

(a)despite subsections (1) and (2), the energy and water ombudsman must comply with the requirements prescribed by regulation about giving an invoice for a participation fee to the prescribed energy entity; and

(b)despite subsection (4), the participation fee for a prescribed energy entity is payable within the period prescribed by regulation.

24Amendment of s 67 (Amount of participation fee—energy entity)

(1)Section 67(1)(f), after ‘an exempt seller’—
insert—

other than a prescribed energy entity

(2)Section 67(1)—
insert—

(g)if it is a prescribed energy entity—the amount prescribed by regulation.

25Amendment of s 68 (When user-pays fee is payable)

Section 68—
insert—

(5)This section does not apply to a scheme participant that is a prescribed energy entity.

26Amendment of s 69 (Working out user-pays fee)

(1)Section 69, heading, after ‘fee’—
insert—

generally

(2)Section 69—
insert—

(5A)This section does not apply to a scheme participant that is a prescribed energy entity.

27Insertion of new s 69A

After section 69—
insert—

69AUser-pays fees for prescribed energy entities

(1)A regulation may prescribe—

(a)the amount of a user-pays fee for a prescribed energy entity; and

(b)requirements about giving an invoice for a user-pays fee to a prescribed energy entity; and

(c)when a user-pays fee is payable by a prescribed energy entity.

(2)The energy and water ombudsman must comply with the requirements prescribed by regulation about—

(a)giving an invoice for a user-pays fee to a prescribed energy entity; and

(b)when a user-pays fee is payable by a prescribed energy entity.

28Amendment of schedule (Dictionary)

Schedule—
insert—

prescribed energy entity see section 7(2).

29Act amended

This part amends the Explosives Act 1999.

30Insertion of new pt 4A

After part 4—
insert—

Part 4A Industrial manslaughter

54ADefinitions for part

(1)In this part—

conduct means an act or omission to perform an act.

employee means an individual who does an act involving explosives.

employer means a person who employs or otherwise engages an employee.

senior officer, of an employer, means—

(a)if the employer is a corporation—an executive officer of the corporation; or

(b)otherwise—the holder of an executive position (however described) in relation to the employer who makes, or takes part in making, decisions affecting all, or a substantial part, of the employer’s functions.

(2)For this part, a person’s conduct causes death if it substantially contributes to the death.

54BException for the Criminal Code, s 23

The Criminal Code, section 23 does not apply in relation to an offence against this part.

54CIndustrial manslaughter—employer

(1)An employer commits an offence if—

(a)an employee of the employer—

(i)dies in the course of doing an act involving explosives; or

(ii)is injured in the course of doing an act involving explosives and later dies; and

(b)the employer’s conduct causes the death of the employee; and

(c)the employer is negligent about causing the death of the employee by the conduct.

Maximum penalty—

(a)for an individual—20 years imprisonment; or

(b)for a body corporate—100,000 penalty units.

Note—

See section 119 in relation to imputing to a body corporate particular conduct of executive officers, employees or agents of the body corporate.

(2)An offence against subsection (1) is a crime.

54DIndustrial manslaughter—senior officer

(1)A senior officer of an employer commits an offence if—

(a)an employee of the employer—

(i)dies in the course of doing an act involving explosives; or

(ii)is injured in the course of doing an act involving explosives and later dies; and

(b)the senior officer’s conduct causes the death of the employee; and

(c)the senior officer is negligent about causing the death of the employee by the conduct.

Maximum penalty—20 years imprisonment.

(2)An offence against subsection (1) is a crime.

31Amendment of s 118 (Proceeding for offence)

(1)Section 118(1), after ‘this Act’—
insert—

, other than an offence against part 4A,

(2)Section 118—
insert—

(6A)Subsection (6) does not apply to a proceeding for an offence against part 4A.

(6B)Nothing in this section affects the ability of the director of public prosecutions to bring proceedings for an offence against this Act.

(3)Section 118(7), definition serious offence—
insert—

(aa)an offence against part 4A; or

(4)Section 118(7), definition serious offence, paragraphs (aa) and (b)—
renumber as paragraphs (b) and (c).

32Amendment of s 118C (Procedure if prosecution not brought)

Section 118C(1)(c)—
omit, insert—

(c)the following period has elapsed from when the act or omission happened—

(i)if the act or omission constitutes an offence against part 4A—at least 6 months;

(ii)otherwise—at least 6 months but no more than 12 months.

33Amendment of s 135 (Regulation-making power)

(1)Section 135(2)(j), after ‘authority’—
insert—

or security clearance

(2)Section 135(2)—
insert—

(l)the keeping of a register of authorities and security clearances, including the disclosure and publication of information in the register.

34Amendment of sch 2 (Dictionary)

Schedule 2—
insert—

causes, for part 4A, see section 54A(2).

conduct, for part 4A, see section 54A(1).

employee, for part 4A, see section 54A(1).

employer, for part 4A, see section 54A(1).

senior officer, of an employer, for part 4A, see section 54A(1).

35Act amended

This part amends the Geothermal Energy Act 2010.

Note—

See also the amendments in schedule 1.

36Insertion of new s 36A

After section 36—
insert—

36A Rejection of application if applicant disqualified

(1)The Minister must reject an application for a geothermal permit if the Minister decides the applicant is disqualified under the Common Provisions Act, chapter 7 from being granted the geothermal permit.

(2)On rejection of the application, the Minister must give the applicant a notice about the decision.

37Insertion of new s 78A

After section 78—
insert—

78A Rejection of application if applicant disqualified

(1)The Minister must reject an application for a geothermal lease if the Minister decides the applicant is disqualified under the Common Provisions Act, chapter 7 from being granted the geothermal lease.

(2)On rejection of the application, the Minister must give the applicant a notice about the decision.

38Insertion of new s 133A

After section 133—
insert—

133A Power to impose or amend condition if changed holder of geothermal tenure

(1)This section applies if 1 of the following changes happens—

(a)an entity starts or stops controlling the holder of a geothermal tenure under the Corporations Act, section 50AA;

(b)the holder of a geothermal tenure starts or stops being a subsidiary of a corporation under the Corporations Act, section 46.

(2)The Minister may consider whether, after the change, the holder of the geothermal tenure has the financial and technical resources to comply with the conditions of the geothermal tenure.

(3)If the Minister considers the holder of the geothermal tenure may not have the financial and technical resources to comply with conditions of the geothermal tenure, the Minister may impose another condition on, or amend a condition of, the geothermal tenure.

(4)If the Minister believes a change mentioned in subsection (1) may have happened, the Minister may require the holder of the geothermal tenure to give the Minister information or a document about whether or not the change has happened.

(5)Before deciding to impose another condition on, or amend a condition of, the geothermal tenure under subsection (3), the Minister may require the holder of the geothermal tenure to give the Minister information or a document the Minister requires to make the decision.

(6)A requirement under subsection (4) or (5) must—

(a)be made by notice given to the holder; and

(b)state a period of at least 10 business days within which the holder must comply with the requirement.

(7)Before deciding to impose another condition on, or amend a condition of, the geothermal tenure under subsection (3), the Minister must give the holder of the tenure a notice stating—

(a)the proposed decision; and

(b)the reasons for the proposed decision; and

(c)that the holder may, within 10 business days after the notice is given, make submissions to the Minister about the proposed decision.

(8)The Minister may extend the period mentioned in subsection (6)(b) or (7)(c) by notice given to the holder of the geothermal tenure.

(9)In deciding whether to impose another condition on, or amend a condition of, the geothermal tenure under subsection (3), the Minister—

(a)must consider information or a document, if any, given under subsection (6)(b) or (7)(c); and

(b)may consider any other matter the Minister considers relevant.

(10)If the Minister decides to impose another condition on, or amend a condition of, the geothermal tenure under subsection (3), the Minister must, as soon as practicable after making the decision, give the holder a notice stating the decision and the reasons for the decision.

39Amendment of ch 7, hdg (Conferences, enforcement, offences and proceedings)

Chapter 7, heading, ‘Conferences, enforcement’—
omit, insert—

Enforcement

40Omission of ch 7, pt 1 (Conferences with eligible claimants or owners and occupiers)

Chapter 7, part 1—
omit.

41Renumbering of ch 7, pts 2 to 5

Chapter 7, parts 2 to 5—
renumber as chapter 7, parts 1 to 4.

42Amendment of s 346 (Offences under Act are summary)

Section 346(2)—
omit, insert—

(2)A proceeding for an offence against this Act must be started within—

(a)1 year after the commission of the offence; or

(b)1 year after the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.

43Insertion of new ch 9, pt 6

Chapter 9—
insert—

Part 6 Transitional provisions for Mineral and Energy Resources and Other Legislation Amendment Act 2020

414 Power to impose or amend condition if changed holder of geothermal tenure

The power of the Minister to impose another condition on, or amend a condition of, a geothermal tenure under section 133A applies—

(a)whether the tenure was granted before or after the commencement; and

(b)only if the change mentioned in section 133A(1) happens after the commencement.

415Conferences with eligible claimants or owners or occupiers started before commencement

(1)This section applies if—

(a)an authorised officer asked parties to attend a conference under section 313 as in force before the commencement; and

(b)immediately before the commencement the conference had not taken place.

(2)The conference must take place under chapter 7, part 1 as in force immediately before the commencement.

(3)The Common Provisions Act, chapter 3, part 8 does not apply in relation to the conference.

44Amendment of sch 2 (Dictionary)

Schedule 2, definitions conference election notice and parties—
omit.

45Act amended

This part amends the Greenhouse Gas Storage Act 2009.

Note—

See also the amendments in schedule 1.

46Insertion of new s 35A

After section 35—
insert—

35A Rejection of tender if tenderer disqualified

(1)The Minister must reject a tender for a GHG permit if the Minister decides the tenderer is disqualified under the Common Provisions Act, chapter 7 from being granted the GHG permit.

(2)On rejection of the tender, the Minister must give the tenderer a notice about the decision.

47Insertion of new s 92A

After section 92—
insert—

92A Power to impose or amend condition if changed holder of GHG permit

(1)This section applies if 1 of the following changes happens—

(a)an entity starts or stops controlling the holder of a GHG permit under the Corporations Act, section 50AA;

(b)the holder of a GHG permit starts or stops being a subsidiary of a corporation under the Corporations Act, section 46.

(2)The Minister may consider whether, after the change, the holder of the GHG permit has the financial and technical resources to comply with the conditions of the GHG permit.

(3)If the Minister considers the holder of the GHG permit may not have the financial and technical resources to comply with conditions of the GHG permit, the Minister may impose another condition on, or amend a condition of, the GHG permit.

(4)If the Minister believes a change mentioned in subsection (1) may have happened, the Minister may require the holder of the GHG permit to give the Minister information or a document about whether or not the change has happened.

(5)Before deciding to impose another condition on, or amend a condition of, the GHG permit under subsection (3), the Minister may require the holder of the GHG permit to give the Minister information or a document the Minister requires to make the decision.

(6)A requirement under subsection (4) or (5) must—

(a)be made by notice given to the holder; and

(b)state a period of at least 10 business days within which the holder must comply with the requirement.

(7)Before deciding to impose another condition on, or amend a condition of, the GHG permit under subsection (3), the Minister must give the holder of the permit a notice stating—

(a)the proposed decision; and

(b)the reasons for the proposed decision; and

(c)that the holder may, within 10 business days after the notice is given, make submissions to the Minister about the proposed decision.

(8)The Minister may extend the period mentioned in subsection (6)(b) or (7)(c) by notice given to the holder of the GHG permit.

(9)In deciding whether to impose another condition on, or amend a condition of, the GHG permit under subsection (3), the Minister—

(a)must consider information or a document, if any, given under subsection (6)(b) or (7)(c); and

(b)may consider any other matter the Minister considers relevant.

(10)If the Minister decides to impose another condition on, or amend a condition of, the GHG permit under subsection (3), the Minister must, as soon as practicable after making the decision, give the holder a notice stating the decision and the reasons for the decision.

48Insertion of new s 115

After section 114—
insert—

115 Rejection of permit-related application if applicant disqualified

(1)The Minister must reject a permit-related application for a GHG lease if the Minister decides the person making the application is disqualified under the Common Provisions Act, chapter 7 from being granted the GHG lease.

(2)On rejection of the application, the Minister must give the person making the application a notice about the decision.

49Insertion of new s 126A

After section 126—
insert—

126A Rejection of tender if tenderer disqualified

(1)The Minister must reject a tender for a proposed GHG lease if the Minister decides the tenderer is disqualified under the Common Provisions Act, chapter 7 from being granted the GHG lease.

(2)On rejection of the tender, the Minister must give the tenderer a notice about the decision.

50Insertion of new s 173A

After section 173—
insert—

173A Power to impose or amend condition if changed holder of GHG lease

(1)This section applies if 1 of the following changes happens—

(a)an entity starts or stops controlling the holder of a GHG lease under the Corporations Act, section 50AA;

(b)the holder of a GHG lease starts or stops being a subsidiary of a corporation under the Corporations Act, section 46.

(2)The Minister may consider whether, after the change, the holder of the GHG lease has the financial and technical resources to comply with the conditions of the GHG lease.

(3)If the Minister considers the holder of the GHG lease may not have the financial and technical resources to comply with conditions of the GHG lease, the Minister may impose another condition on, or amend a condition of, the GHG lease.

(4)If the Minister believes a change mentioned in subsection (1) may have happened, the Minister may require the holder of the GHG lease to give the Minister information or a document about whether or not the change has happened.

(5)Before deciding to impose another condition on, or amend a condition of, the GHG lease under subsection (3), the Minister may require the holder of the GHG lease to give the Minister information or a document the Minister requires to make the decision.

(6)A requirement under subsection (4) or (5) must—

(a)be made by notice given to the holder; and

(b)state a period of at least 10 business days within which the holder must comply with the requirement.

(7)Before deciding to impose another condition on, or amend a condition of, the GHG lease under subsection (3), the Minister must give the holder of the lease a notice stating—

(a)the proposed decision; and

(b)the reasons for the proposed decision; and

(c)that the holder may, within 10 business days after the notice is given, make submissions to the Minister about the proposed decision.

(8)The Minister may extend the period mentioned in subsection (6)(b) or (7)(c) by notice given to the holder of the GHG lease.

(9)In deciding whether to impose another condition on, or amend a condition of, the GHG lease under subsection (3), the Minister—

(a)must consider information or a document, if any, given under subsection (6)(b) or (7)(c); and

(b)may consider any other matter the Minister considers relevant.

(10)If the Minister decides to impose another condition on, or amend a condition of, the GHG lease under subsection (3), the Minister must, as soon as practicable after making the decision, give the holder a notice stating the decision and the reasons for the decision.

51Amendment of ch 6, hdg (Conferences, investigations and enforcement)

Chapter 6, heading, ‘Conferences, investigations’—
omit, insert—

Investigations

52Omission of ch 6, pt 1A (Conferences with eligible claimants or owners and occupiers)

Chapter 6, part 1A—
omit.

53Amendment of s 407 (Offences under Act are summary)

Section 407(2)—
omit, insert—

(2)A proceeding for an offence against this Act must be started within—

(a)1 year after the commission of the offence; or

(b)1 year after the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.

54Insertion of new ch 8, pt 5

Chapter 8—
insert—

Part 5 Transitional provisions for Mineral and Energy Resources and Other Legislation Amendment Act 2020

450 Power to impose or amend condition if changed holder of GHG permit or GHG lease

The power of the Minister to impose another condition on, or amend a condition of, a GHG permit under section 92A or a GHG lease under section 173A applies—

(a)whether the permit or lease was granted before or after the commencement; and

(b)only if the change mentioned in section 92A(1) or 173A(1) happens after the commencement.

451Conferences with eligible claimants or owners or occupiers started before commencement

(1)This section applies if—

(a)an authorised officer asked parties to attend a conference under section 377B as in force before the commencement; and

(b)immediately before the commencement the conference had not taken place.

(2)The conference must take place under chapter 6, part 1A as in force immediately before the commencement.

(3)The Common Provisions Act, chapter 3, part 8 does not apply in relation to the conference.

55Amendment of sch 2 (Dictionary)

Schedule 2, definitions conference election notice, eligible claimant and parties—
omit.

56Act amended

This part amends the Mineral and Energy Resources (Common Provisions) Act 2014.

Note—

See also the amendments in schedule 1.

57Amendment of s 3 (Main purposes)

(1)Section 3—
insert—

(ca)to provide for the disqualification of persons from grant or transfer of particular resource authorities; and

(2)Section 3(ca) and (d)—
renumber as section 3(d) and (e).

58Amendment of s 4 (How main purposes are achieved)

(1)Section 4(1)—
insert—

(ca)the disqualification from grant or transfer of particular resource authorities;

(2)Section 4(1)(ca) to (e)—
renumber as section 4(1)(d) to (f).

(3)Subsection 4(2), ‘be the first step’—
omit, insert—

lead

59Amendment of s 16 (What is a dealing)

Section 16(b), ‘or arrangement’—
omit, insert—

, arrangement or circumstance

60Replacement of s 17 (Prescribed dealings require registration)

Section 17—
omit, insert—

17Prescribed dealings require approval of Minister and registration

(1)A regulation may prescribe the dealings with a resource authority (each a prescribed dealing) that must be approved by the Minister under this part, and registered, to have effect.

(2)A prescribed dealing has no effect unless, and until, it is approved by the Minister under this part and registered.

17ANotifiable dealings require notice to chief executive and registration

(1)A regulation may prescribe the dealings with a resource authority (each a notifiable dealing) that must be notified to the chief executive under this part, and registered, to have effect.

(2)A notifiable dealing has no effect unless, and until, it is notified to the chief executive under this part and registered.

61Amendment of s 19 (Application for Minister’s approval to register dealing)

(1)Section 19, heading, from ‘to’—
omit, insert—

of prescribed dealing

(2)Section 19(1), from ‘The’ to ‘register’—
omit, insert—

The following entities may apply to the Minister for approval of

(3)Section 19(2)—
omit.

(4)Section 19(3), ‘Chapter 5’—
omit, insert—

Chapter 6

(5)Section 19—
insert—

(3A)If the Minister decides to give the approval, the chief executive must register the prescribed dealing as soon as possible after the approval is given.

(3B)To remove any doubt, it is declared that registration under subsection (3) is subject to sections 20 and 21.

(6)Section 19(3) to (4)—
renumber as section 19(2) to (5).

62Insertion of new ss 19A and 19B

After section 19—
insert—

19A Rejection of application if intended transferee disqualified

(1)The Minister must reject an application for approval of a prescribed dealing that is a transfer of a resource authority or a share in a resource authority if the Minister decides the intended transferee of the resource authority or share is disqualified under section 196C from being transferred the resource authority or share.

(2)However, subsection (1) does not apply to a transfer of a share in a resource authority if—

(a)the share is being transferred to a person who already holds a share in the resource authority; and

(b)the person transferring the share continues, after the transfer, to hold a share in the resource authority.

19BNotice to chief executive to register notifiable dealing

(1)The ordinary rule is that the following entities may give notice to the chief executive of a notifiable dealing to enable its registration—

(a)the affected resource authority holder;

(b)any other entity with the affected resource authority holder’s consent.

(2)However, if a notifiable dealing is required to be executed because of the operation of a law, a regulation may change the ordinary rule by prescribing the following—

(a)who may or must give notice to the chief executive;

(b)the period within which the notice must be given.

Example of dealing required to be executed because of the operation of a law—

the transfer of an interest in a resource authority because of the death of the resource authority holder

(3)The notice must be—

(a)in the approved form; and

(b)accompanied by the fee prescribed by regulation.

(4)The chief executive must register the notifiable dealing as soon as possible after the notice is given.

(5)Subsection (6) applies if the notifiable dealing is—

(a)a transmission by death of a resource authority or a share in a resource authority; or

(b)a transfer of a resource authority or a share in a resource authority by operation of law.

(6)The chief executive may register the notifiable dealing only if the proposed transferee is—

(a)an eligible person; and

(b)for a resource authority other than a small scale mining tenure within the meaning of the Environmental Protection Act—a registered suitable operator under the Environmental Protection Act.

(7)To remove any doubt, it is declared that registration under subsection (4) or (6) is subject to sections 20 and 21.

(8)In this section—

affected resource authority holder means—

(a)for a notifiable dealing affecting the whole of a resource authority—the holder of the resource authority; or

(b)for a notifiable dealing affecting a share in a resource authority—the holder of the share.

63Replacement of s 20 (Unpaid royalties prevent transfer of resource authority)

Section 20—
omit, insert—

20Unpaid royalties prevent registration of dealing

(1)This section applies if a prescribed dealing or notifiable dealing is a transfer of a resource authority or a share in a resource authority.

(2)However, this section does not apply to a transfer of a share in a resource authority if—

(a)the share is being transferred to a person who already holds a share in the resource authority; and

(b)the person transferring the share continues, after the transfer, to hold a share in the resource authority.

(3)The prescribed dealing or notifiable dealing must not be registered, and can not take effect, under this part while any royalty payable by the holder of the resource authority remains unpaid.

64Amendment of s 20A (Failure to pay contribution to scheme fund or give surety prevents registration of prescribed dealing)

(1)Section 20A, heading, ‘prescribed’—
omit.

(2)Section 20A(1)(a), after ‘prescribed dealing’—
insert—

, or the chief executive is given notice of a notifiable dealing,

(3)Section 20A(2), after ‘prescribed dealing’—
insert—

or notifiable dealing

65Amendment, relocation and renumbering of s 22 (Effect of registration and Minister’s approval)

(1)Section 22, ‘, or the Minister’s approval to register the dealing’—
omit, insert—

or notifiable dealing under this part, or an approval of the Minister

(2)Section 22—
relocate to chapter 2, part 1 after section 23 and renumber as section 23A.

66Renumbering of ss 20A and 21

Section 20A, as amended by this Act, and section 21—
renumber as sections 21 and 22.

67Amendment of s 32 (What is an associated agreement)

(1)Section 32(2)—
insert—

(aa)a notifiable dealing;

(2)Section 32(2)(aa) and (b)—
renumber as section 32(2)(b) and (c).

68Insertion of new ch 3, pt 8

Chapter 3—
insert—

Part 8 Conferences held by authorised officer

101D Notice of concern may be given to authorised officer

(1)An owner or occupier of land that may be affected by a resource authority may give notice to an authorised officer of any of the following concerns relating to the resource authority—

(a)a concern about the authority of the resource authority holder to enter or be on the land;

(b)a concern about activities of the resource authority holder that may affect the land;

(c)a concern about the conduct of the resource authority holder.

(2)A resource authority holder may give notice to an authorised officer of a concern involving the holder and an owner or occupier of land.

(3)For subsection (1), a resource authority holder includes a person acting, or purporting to act, for a resource authority holder or for a purpose relating to a resource authority.

101E Authorised officer may call conference

(1)This section applies if an authorised officer—

(a)receives under section 101D notice of a concern relating to a resource authority; or

(b)is aware of a concern about a resource authority.

(2)The authorised officer may ask any of the following persons (each a party) to participate in a conference conducted by the authorised officer to discuss the concern—

(a)the resource authority holder;

(b)an owner or occupier of land that may be affected by the resource authority;

(c)another person interested in the concern.

101F Conduct of conference

(1)This section applies if an authorised officer asks a party to participate in a conference under section 101E(2).

(2)The conference must be conducted under the prescribed requirements.

(3)In conducting the conference, the authorised officer must endeavour to help the parties reach an early and inexpensive settlement of the concern the subject of the conference.

(4)If a party does not attend the conference—

(a)the authorised officer may continue to conduct the conference; and

(b)a party who attends the conference may apply to the Land Court for an order requiring a party who did not attend the conference to pay the attending party’s reasonable costs of attending.

(5)The Land Court must not order a party to pay costs under subsection (4)(b) if the party had a reasonable excuse for not attending the conference.

(6)If the Land Court makes an order under subsection (4)(b), the Land Court must decide the amount of the costs.

(7)Nothing said by a person at the conference is admissible in evidence in a proceeding without the person’s consent.

(8)If parties asked to participate in the conference make an agreement about the concern the subject of the conference, the agreement must be written and signed by the parties.

(9)In this section—

party see section 101E(2).

69Amendment of s 103 (Definitions for ch 4)

Section 103, definition mining safety legislation—
omit.

70Omission of ch 4, pt 6, div 2 (Ministerial powers)

Chapter 4, part 6, division 2—
omit.

71Renumbering of ch 4, pt 6, div 3 (Compensation)

Chapter 4, part 6, division 3—
renumber as chapter 4, part 6, division 2.

72Renumbering of chs 5 to 8

Chapters 5, 6, 7 and 8—
renumber as chapters 6, 8, 9 and 10.

73Insertion of new ch 5

After section 174—
insert—

Chapter 5 General provisions for overlapping and co-existing resource authorities

Part 1 Preliminary

174A Definitions for chapter

In this chapter—

agreed co-existence plan means an agreed co-existence plan under—

(a)the Mineral Resources Act, section 271AB; or

(b)the P&G Act, section 400 or 440.

agreed joint development plan see section 103.

agreed plan means—

(a)an agreed joint development plan; or

(b)an agreed co-existence plan.

co-existing area means land that is the subject of—

(a)a later mining lease and an existing authority as mentioned in the Mineral Resources Act, section 271AB; or

(b)a pipeline licence and an existing geothermal lease, GHG lease or mining lease as mentioned in the P&G Act, section 400; or

(c)a petroleum facility licence and an existing mining lease as mentioned in the P&G Act, section 440.

overlapping area see section 104.

Part 2 Ministerial powers

174B Requirement to give copy of agreed plan

(1)The Minister may, by written notice, require a resource authority holder to whom an agreed plan applies to give the Minister a copy of the agreed plan.

(2)The resource authority holder must give the copy to the Minister within 30 business days after the notice is given under subsection (1).

(3)This section does not apply if the agreed plan has stopped having effect.

174C Amendment of agreed plan

(1)The Minister may, by written notice, require a resource authority holder to whom an agreed plan applies to amend the agreed plan.

(2)The matters the Minister must consider in deciding whether to require an amendment include each of the following—

(a)the potential of each of the resource authority holders to whom the plan applies—

(i)for an agreed joint development plan—to develop coal and coal seam gas resources to optimise the development and use of the State’s coal and coal seam gas resources; or

(ii)for an agreed co-existence plan—to optimise the development and use of the State’s resources;

(b)the extent to which each of the resource authority holders to whom the plan applies have complied with the plan;

(c)whether, if the amendment was made, compliance with the plan would continue to be commercially and technically feasible for the resource authority holders to whom the plan applies;

(d)the content of any development plan under the Mineral Resources Act or P&G Act for each of the resource authorities to which the agreed plan applies.

(3)A notice given under subsection (1) must include an information notice about the Minister’s decision to require the amendment.

174D Request for information

The Minister may, by written notice, ask a resource authority holder to give the Minister any information the Minister considers appropriate to—

(a)for an overlapping area—

(i)optimise the development and use of the State’s coal and coal seam gas resources; or

(ii)ensure safe mining in the overlapping area; or

(b)for a co-existing area—

(i)optimise the development and use of the State’s resources; or

(ii)ensure safe operations in the co-existing area.

174E Right of appeal

(1)This section applies if the Minister decides to exercise a power under section 174C(1).

(2)The P&G Act, chapter 12, part 2 applies, with necessary changes, to the decision as if—

(a)the decision were mentioned in the P&G Act, schedule 1, table 2; and

(b)the P&G Act, schedule 1, table 2 stated the Land Court as the appeal body for the decision; and

(c)a reference in the P&G Act, chapter 12, part 2 to an information notice included a reference to an information notice under section 174C(3).

74Relocation and renumbering of ch 4, pt 6, div 4 (Dispute resolution)

Chapter 4, part 6, division 4—
relocate to chapter 5, as inserted by this Act, and renumber as chapter 5, part 3.

75Amendment of s 175 (Application of div 4)

(1)Section 175, after ‘following disputes’—
insert—

(each an overlap dispute)

(2)Section 175—
insert—

(2)This division also applies to the following disputes (each a co-existence dispute) between persons (each a party)—

(a)a dispute mentioned in the Mineral Resources Act, section 271AB(9);

(b)a dispute mentioned in the P&G Act, section 400(7);

(c)a dispute mentioned in the P&G Act, section 440(7).

76Amendment of s 176 (Definitions for div 4)

(1)Section 176, definitions party and prescribed arbitration institute—
omit.

(2)Section 176—
insert—

co-existence dispute see section 175(2).

dispute means—

(a)an overlap dispute; or

(b)a co-existence dispute.

overlap dispute see section 175(1).

party—

(a)for an overlap dispute—see section 175(1); or

(b)for a co-existence dispute—see section 175(2).

77Amendment of s 178 (Arbitrator’s functions)

Section 178(2)—
omit, insert—

(2)The award must be consistent with—

(a)for an overlap dispute—

(i)optimising the development and use of the State’s coal and coal seam gas resources; and

(ii)safety and health requirements under mining safety legislation; or

(b)for a co-existence dispute—

(i)optimising the development and use of the State’s resources; and

(ii)safety and health requirements under mining safety legislation.

78Amendment of s 179 (Expert appointed by arbitrator)

Section 179(1)(a) and (b)—
omit, insert—

(a)for an overlap dispute—

(i)must appoint at least 1 qualified person with expertise in coal mining, and 1 qualified person with expertise in coal seam gas exploration and production (each an appointed expert), to report to the arbitrator on specific issues decided by the arbitrator; and

(ii)may appoint another appropriately qualified person (also an appointed expert) to report to the arbitrator on specific issues decided by the arbitrator; and

(b)for a co-existence dispute—may appoint an appropriately qualified person (also an appointed expert) to report to the arbitrator on specific issues decided by the arbitrator; and

79Insertion of new ch 7

After section 196—
insert—

Chapter 7 Disqualification of applicants

196A Definitions for chapter

In this chapter—

applicant—

(a)for an application for the grant of a prescribed resource authority—see section 196C(1)(a); or

(b)for a tender for a prescribed resource authority—see section 196C(1)(b); or

(c)for an application for approval of a prescribed dealing that is a transfer of a prescribed resource authority or a share in a prescribed resource authority—see section 196C(1)(c).

associate, of an applicant for a prescribed matter, means either—

(a)an entity the decision-maker for the prescribed matter considers is in a position to control or substantially influence the applicant’s affairs in connection with the prescribed resource authority the subject of the prescribed matter; or

(b)if the applicant is a body corporate—

(i)a director of the applicant; or

(ii)

if the applicant is a subsidiary of another body corporate (the parent company)—

(A)the parent company; or

(B)a director of the parent company.

criminal history, of a person, means the person’s criminal history as defined under the Criminal Law (Rehabilitation of Offenders) Act 1986, other than spent convictions.

decision-maker, for a prescribed matter, means the Minister.

director, of a body corporate, has the meaning given by the Corporations Act, section 9.

prescribed matter see section 196B.

prescribed resource authority means—

(a)any of the following under the Mineral Resources Act—

(i)a mining claim;

(ii)an exploration permit;

(iii)a mineral development licence;

(iv)a mining lease; or

(b)any of the following under the P&G Act—

(i)an authority to prospect;

(ii)a petroleum lease;

(iii)a pipeline licence;

(iv)a petroleum facility licence; or

(c)a lease under the 1923 Act; or

(d)any of the following under the Geothermal Act—

(i)a geothermal exploration permit;

(ii)a geothermal production lease; or

(e)any of the following under the Greenhouse Gas Act—

(i)a GHG exploration permit;

(ii)a GHG injection and storage lease.

spent conviction means a conviction—

(a)for which the rehabilitation period under the Criminal Law (Rehabilitation of Offenders) Act 1986 has expired under that Act; and

(b)that is not revived as prescribed by section 11 of that Act.

196B Application of chapter

This chapter applies in relation to each of the following (each a prescribed matter)—

(a)an application for the grant of a prescribed resource authority;

(b)a tender for a prescribed resource authority;

(c)an application for approval of a prescribed dealing that is a transfer of a prescribed resource authority or a share in a prescribed resource authority.

196C Disqualification from grant or transfer of resource authority

(1)The decision-maker for the prescribed matter may decide—

(a)for an application for the grant of a prescribed resource authority—the entity making the application (the applicant) is disqualified from being granted the authority; or

(b)for a tender for a prescribed resource authority—the entity making the tender (also the applicant) is disqualified from being granted the authority; or

(c)for an application for approval of a prescribed dealing that is a transfer of a prescribed resource authority or a share in a prescribed resource authority—the intended transferee (also the applicant) is disqualified from being transferred the authority.

(2)In making a decision under subsection (1), the decision-maker may consider the following matters—

(a)whether the applicant, or an associate of the applicant, has contravened this Act or a Resource Act, other than the P&G Act, chapter 9;

(b)whether the applicant, or an associate of the applicant, has been convicted of an offence against—

(i)this Act or a Resource Act; or

(ii)the Coal Mining Safety and Health Act 1999; or

(iii)the Environmental Protection Act 1994; or

(iv)the Mining and Quarrying Safety and Health Act 1999; or

(v)the Water Act 2000;

(c)whether the applicant, or an associate of the applicant, has been convicted of an offence against a corresponding law;

(d)whether the applicant, or an associate of the applicant, has, within 10 years before the application or tender was made, been convicted of an offence involving fraud or dishonesty;

(e)whether the applicant, or an associate of the applicant, is an insolvent under administration;

(f)whether the applicant, or an associate of the applicant, is or was, within 10 years before the application or tender was made, a director of a body corporate that is or was the subject of a winding-up order or for which a controller or administrator is or was appointed;

(g)whether the applicant, or an associate of the applicant, is disqualified from managing corporations because of the Corporations Act, part 2D.6;

(h)submissions, if any, made under section 196G;

(i)any other matter the decision-maker considers relevant to making the decision.

(3)However, the decision-maker may disregard a contravention, or conviction for an offence, mentioned in subsection (2) having regard to—

(a)the degree of seriousness of the contravention or offence; and

(b)the degree of harm caused by the contravention or offence; and

(c)the length of time that has elapsed from the commission of the contravention or offence; and

(d)the extent to which the applicant or associate was involved in the commission of the contravention or offence; and

(e)any other matter the decision-maker considers relevant.

(4)In this section—

corresponding law means a law of the Commonwealth or another State that—

(a)provides for the same, or substantially the same, matter as an Act mentioned in subsection (2)(b); or

(b)is prescribed by regulation for this definition.

196D Requirement for further information

(1)The decision-maker for a prescribed matter may, before deciding an applicant for the matter is disqualified under section 196C, require the applicant to give the decision-maker further information or a document the decision-maker requires to make the decision.

(2)The requirement must—

(a)be made by notice given to the applicant; and

(b)state a period of at least 10 business days within which the applicant must comply with the requirement.

(3)The decision-maker may extend the period mentioned in subsection (2)(b) by notice given to the applicant.

(4)If the applicant does not comply with the requirement, the decision-maker may make a decision under section 196C without the further information or document.

196E Criminal history check

(1)To help decide whether an applicant for a prescribed matter is disqualified under section 196C, the decision-maker for the matter may ask the police commissioner for a report about the criminal history of the applicant or an associate of the applicant.

(2)However, the decision-maker may make the request only if the applicant, or associate of the applicant, has given the decision-maker written consent for the request.

(3)The police commissioner must comply with the request.

(4)However, subsection (3) applies only to information in the police commissioner’s possession or to which the commissioner has access.

(5)If the criminal history of the person includes a conviction recorded against the person, the police commissioner’s report must be written.

(6)The decision-maker must destroy the report as soon as practicable after the decision under section 196C is made.

196F Costs of criminal history report

(1)The decision-maker for a prescribed matter may require an applicant for the matter to pay the reasonable, but no more than actual, costs of obtaining a report under section 196E about the applicant or an associate of the applicant.

(2)The decision-maker for a prescribed matter must refund to the applicant an amount paid under subsection (1) if—

(a)the decision-maker refuses the application without asking for the report; or

(b)the applicant withdraws the application before the decision-maker asks for the report.

196G Notice of intended disqualification

(1)The decision-maker for a prescribed matter must, before deciding an applicant for the matter is disqualified under section 196C, give the applicant a notice stating—

(a)the proposed decision; and

(b)the reasons for the proposed decision; and

(c)that the applicant may, within 20 business days after the notice is given, make submissions to the decision-maker about the proposed decision.

(2)The decision-maker may extend the period mentioned in subsection (1)(c) by notice given to the applicant.

196H Notice of disqualification

(1)This section applies if a decision-maker for a prescribed matter decides an applicant for the matter is disqualified under section 196C.

(2)The decision-maker must, as soon as practicable after making the decision, give the applicant a notice stating the decision and the reasons for the decision.

80Insertion of new ch 10, pt 3

Chapter 10—
insert—

Part 3 Transitional provisions for Mineral and Energy Resources and Other Legislation Amendment Act 2020

247Application for approval to register particular prescribed dealings taken to be notification of particular notifiable dealings

(1)This section applies if —

(a)before the commencement, an application was made under section 19 for approval to register a prescribed dealing mentioned in the Mineral and Energy Resources (Common Provisions) Regulation 2016, section 4(1)(a) or (f) as in force before the commencement; and

(b)immediately before the commencement, the prescribed dealing mentioned in paragraph (a) had not been registered.

(2)The application is taken to be a notice to the chief executive of a notifiable dealing to enable its registration under section 19B(1).

248Disqualification of applicants

The power of a decision-maker for a prescribed matter to decide an applicant for the matter is disqualified under section 196C applies only if the application or tender constituting the prescribed matter was made after the commencement.

81Amendment of sch 2 (Dictionary)

(1)Schedule 2, definitions mining safety legislation, party and prescribed arbitration institute—
omit.

(2)Schedule 2—
insert—

agreed co-existence plan, for chapter 5, see section 174A.

agreed plan, for chapter 5, see section 174A.

applicant, for chapter 7, see section 196A.

associate, of an applicant for a prescribed matter, for chapter 7, see section 196A.

co-existing area, for chapter 5, see section 174A.

criminal history, of a person, for chapter 7, see section 196A.

decision-maker, for a prescribed matter, for chapter 7, see section 196A.

director, of a body corporate, for chapter 7, see section 196A.

insolvent under administration means a person who is an insolvent under administration under the Corporations Act, section 9.

mining safety legislation means—

(a)the Coal Mining Safety and Health Act 1999; or

(b)the Mining and Quarrying Safety and Health Act 1999; or

(c)the P&G Act; or

(d)the Mineral Resources Regulation 2013, chapter 2, part 4, division 4.

notifiable dealing see section 17A(1).

party, for chapter 5, part 3, see section 176.

prescribed arbitration institute means an entity for nominating arbitrators that is prescribed by regulation.

prescribed matter, for chapter 7, see section 196B.

prescribed resource authority, for chapter 7, see section 196A.

spent conviction, for chapter 7, see section 196A.

(3)Schedule 2, definitions agreed joint development plan and overlapping area, ‘chapter 4’—
omit, insert—

chapters 4 and 5

82Regulation amended

This part amends the Mineral and Energy Resources (Common Provisions) Regulation 2016.

Note—

See also the amendments in schedule 1.

83Amendment of s 4 (Prescribed dealings—Act, s 17)

(1)Section 4(1)(a) and (f)—
omit.

(2)Section 4(1)(b) to (e)—
renumber as section 4(1)(a) to (d).

84Insertion of new s 4A

After section 4—
insert—

4ANotifiable dealings—Act, s 17A

For section 17A(1) of the Act, each of the following is a notifiable dealing—

(a)a change to the resource authority holder’s name even if the holder continues to be the same person after the change;

(b)a non-assessable transfer.

85Amendment of s 6 (Transmission by death—Act, s 19)

(1)Section 6, heading, ‘s 19’—
omit, insert—

s 19B

(2)Section 6(1), ‘prescribed dealing’—
omit, insert—

notifiable dealing

(3)Section 6(2)—
omit, insert—

(2)For section 19B(2) of the Act, the executor, administrator or public trustee administering the holder’s estate must give notice to the chief executive of the notifiable dealing to enable its registration.

(4)Section 6(3) and (4), ‘application must be made’—
omit, insert—

notice must be given

(5)Section 6(4), ‘Minister’—
omit, insert—

chief executive

86Amendment of s 7 (Sale by mortgagee—Act, s 19)

(1)Section 7, heading, from ‘—Act’—
omit, insert—

or holder of charge—Act, s 19B

(2)Section 7(1), ‘prescribed dealing’—
omit, insert—

notifiable dealing

(3)Section 7(1), after ‘mortgagee’—
omit, insert—

or the holder of a charge

(4)Section 7(2)—
omit, insert—

(2)For section 19B(2) of the Act, the mortgagee or holder of the charge must give notice to the chief executive of the notifiable dealing to enable its registration.

87Amendment of s 8 (Bankruptcy—Act, s 19)

(1)Section 8, heading, ‘s 19’—
omit, insert—

s 19B

(2)Section 8(1), ‘prescribed dealing’—
omit, insert—

notifiable dealing

(3)Section 8(2)—
omit, insert—

(2)For section 19B(2) of the Act, the trustee administering the bankruptcy must give notice to the chief executive of the notifiable dealing to enable its registration.

88Amendment of s 9 (Administration, receivership or liquidation—Act, s 19)

(1)Section 9, heading, ‘s 19’—
omit, insert—

s 19B

(2)Section 9(1), ‘prescribed dealing’—
omit, insert—

notifiable dealing

(3)Section 9(2)—
omit, insert—

(2)For section 19B(2) of the Act, the administrator, receiver or liquidator must give notice to the chief executive of the notifiable dealing to enable its registration.

89Amendment of s 10 (Deciding application for registration of prescribed dealing that is assessable transfer—Act ss 19 and 194)

(1)Section 10(2)—
insert—

(fa)for a transfer of a resource authority that authorises the carrying out of a resource activity under an environmental authority in relation to which an ERC decision has been made—whether the proposed transferee has the financial resources to fund the estimated rehabilitation cost for the resource activity as stated in the ERC decision; and

(2)Section 10(2)(fa) and (g)—
renumber as section 10(2)(g) and (h).

(3)Section 10—
insert—

(7)In this section—

ERC decision means a decision of the administering authority under the Environmental Protection Act, section 300 about the estimated rehabilitation cost for a resource activity.

90Amendment of s 11 (Deciding application for registration of prescribed dealing other than assessable transfer—Act ss 19 and 194)

Section 11(3) and (4)—
omit.

91Amendment of s 15 (Instruments not prevented from being registered—Act, s 26)

(1)Section 15(2)(d)—
omit, insert—

(d)an application under section 19(1) of the Act for registration of a prescribed dealing mentioned in section 4(1)(a), (b) or (c) has been made;

(e)a notice under section 19B of the Act to enable registration of a notifiable dealing has been given.

(2)Section 15(3)—
insert—

(c)for subsection (2)(e)—the notifiable dealing.

92Insertion of new s 35A

After section 35—
insert—

35A Conduct of conference about concerns—Act, s 101F

(1)This section prescribes, for section 101F(2) of the Act, the requirements for conducting a conference to discuss a concern relating to a resource authority.

(2)The authorised officer conducting the conference must give the parties a written notice—

(a)requesting their attendance at the conference; and

(b)stating—

(i)when and where the conference will be held; and

(ii)the concern to be discussed at the conference.

(3)A party given notice of the conference may attend and take part in the conference.

(4)A party must not be represented by a lawyer at the conference unless—

(a)each other party agrees; and

(b)the authorised officer is satisfied there is no disadvantage to each other party.

(5)A person, other than a party or a lawyer representing a party, may attend the conference to help a party only with the authorised officer’s approval.

(6)Other than as provided for under the Act and subsections (2) to (5), the conference must be conducted in the way decided by the authorised officer.

93Replacement of s 53 (Prescribed arbitration institutes—Act, s 176)

Section 53—
omit, insert—

53Prescribed arbitration institutes—Act, sch 2, def prescribed arbitration institute

For schedule 2 of the Act, definition prescribed arbitration institute, the following entities are prescribed—

(a)the Queensland Law Society ABN 33 423 389 441;

(b)the Resolution Institute ABN 69 008 651 232.

94Insertion of new ch 7

After section 62—
insert—

Chapter 7 Transitional provisions for Mineral and Energy Resources and Other Legislation Amendment Act 2020

63Application for registration of prescribed dealing that is assessable transfer made before commencement—ERC decision not relevant

(1)This section applies if—

(a)before the commencement, an application to the Minster for approval to register a prescribed dealing that is an assessable transfer was made under section 19 of the Act; and

(b)immediately before the commencement, the application mentioned in paragraph (a) had not been finally dealt with.

(2)The Minister must decide the application under section 10 as in force immediately before the commencement.

64Particular prescribed dealings taken to be notifiable dealings

(1)This section applies if, before the commencement, a prescribed dealing mentioned in section 4(1)(a) or (f) as in force before the commencement was registered.

(2)The prescribed dealing is taken to be a notifiable dealing under section 4A.

95Amendment of sch 2 (Fees)

Schedule 2, item 3—
omit, insert—

3	Application for approval of a prescribed dealing, other than an assessable transfer, under section 19 of the Act—
	(a)  for a mining claim under the Mineral Resources Act	51.15
	(b)  otherwise	136.80
3A	Notifying chief executive of notifiable dealing under section 19B of the Act	51.15

96Act amended

This part amends the Mineral and Energy Resources (Financial Provisioning) Act 2018.

Note—

See also the amendments in schedule 1.

97Insertion of new s 31A

Before section 32—
insert—

31AMeaning of changed holder event

(1)A changed holder event, in relation to an authority, means any of the following—

(a)an entity applies to the Minister under the Mineral and Energy Resources (Common Provisions) Act 2014, section 19 for approval of a prescribed dealing to enable its registration under section 17 of that Act that is an assessable transfer, of a resource authority relating to the authority, to another entity (the changed holder);

(b)an entity gives notice to the chief executive under the Mineral and Energy Resources (Common Provisions) Act 2014, section 19B of a notifiable dealing to enable its registration under section 17A of that Act that is a non-assessable transfer of a resource authority, or of a share in a resource authority, relating to the authority, if part of 1 holder’s share in the resource authority will be transferred to another holder of the resource authority (also the changed holder);

(c)an entity starts or stops controlling a holder of the authority (also the changed holder) under the Corporations Act, section 50AA;

(d)a holder of the authority (also the changed holder) starts or stops being a subsidiary of a corporation under the Corporations Act, section 46.

(2)For subsection (1)(a) and (b), a resource authority relates to an authority if the resource authority authorises the carrying out of a resource activity for the authority.

98Amendment of s 32 (Scheme manager may review risk category allocation if changed holder)

(1)Section 32(1)(c)—
omit, insert—

(c)a changed holder event happens in relation to the authority.

(2)Section 32(7)—
omit.

99Amendment of s 33 (Application to scheme manager if proposed changed holder)

(1)Section 33(1)(c)—
omit, insert—

(c)a changed holder event is proposed in relation to the authority.

(2)Section 33(2)(a) and (b)—
omit, insert—

(a)for a changed holder event of a type mentioned in section 31A(1)(a)—the application for approval of the prescribed dealing had been made; or

(b)for a changed holder event of a type mentioned in section 31A(1)(b)—the notice of the notifiable dealing had been given; or

(c)for a changed holder event of a type mentioned in section 31A(1)(c) or (d)—the event had happened.

(3)Section 33(4)—
omit.

100Amendment of s 34 (Scheme manager must notify interested entity of indicative changed holder review allocation)

(1)Section 34(1), from ‘allocation,’ to ‘authority),’—
omit, insert—

allocation in relation to an authority, give the interested entity

(2)Section 34—
insert—

(3)In this section—

interested entity means—

(a)for an authority in relation to which a changed holder event has happened—

(i)for a changed holder event of a type mentioned in section 31A(1)(a)—the entity that applied to the Minister for approval of the prescribed dealing under the Mineral and Energy Resources (Common Provisions) Act, section 19; or

(ii)for a changed holder event of a type mentioned in section 31A(1)(b)—the entity that gave notice to the chief executive of the notifiable dealing under the Mineral and Energy Resources (Common Provisions) Act, section 19B; or

(iii)for a changed holder event of a type mentioned in section 31A(1)(c) or (d)—each holder of the authority; or

(b)for an authority in relation to which a changed holder event is proposed—the applicant under section 33 for a changed holder review allocation for the proposed changed holder event.

101Replacement of s 37 (When changed holder review decision takes effect)

Section 37—
omit, insert—

37When changed holder review decision takes effect

(1)The changed holder review decision takes effect—

(a)for a changed holder event of a type mentioned in section 31A(1)(a)—when the prescribed dealing is approved under the Mineral and Energy Resources (Common Provisions) Act 2014, section 19 by the Minister; or

(b)for a changed holder event of a type mentioned in section 31A(1)(b)—when the notifiable dealing is notified under the Mineral and Energy Resources (Common Provisions) Act 2014, section 19B to the chief executive; or

(c)for a changed holder event of a type mentioned in section 31A(1)(c) or (d)—on the day that is 10 business days after the notice under section 36 is given to the interested entity; or

(d)for a proposed changed holder event of a type mentioned in section 31A(1)(a)—if and when the prescribed dealing is approved under the Mineral and Energy Resources (Common Provisions) Act 2014, section 19 by the Minister; or

(e)for a proposed changed holder event of a type mentioned in section 31A(1)(b)—if and when the notifiable dealing is notified under the Mineral and Energy Resources (Common Provisions) Act 2014, section 19B to the chief executive; or

(f)for a proposed changed holder event of a type mentioned in section 31A(1)(c) or (d)—if and when the proposed event happens.

(2)However—

(a)subsection (1)(d) applies only if the application for approval of the prescribed dealing is made within the prescribed period after the notice under section 36 is given to the interested entity; and

(b)subsection (1)(e) applies only if notice of the notifiable dealing is given within the prescribed period after the notice under section 36 is given to the interested entity; and

(c)subsection (1)(f) applies only if the proposed changed holder event happens within the prescribed period after the notice under section 36 is given to the interested entity.

(3)In this section—

prescribed period means—

(a)the period prescribed by regulation for this paragraph; or

(b)if no period is prescribed under paragraph (a)—6 months.

102Replacement of s 42 (Holder must give scheme manager notice if changed holder)

Section 42—
omit, insert—

42Holder must give scheme manager notice if changed holder

(1)If an authority has been allocated under this division to a risk category, the holder of the authority must give the scheme manager a notice under this section if a changed holder event happens in relation to the authority.

Maximum penalty—100 penalty units.

(2)The notice must—

(a)state the details of the changed holder event; and

(b)include the other information prescribed by regulation.

(3)The notice must be given within 10 business days after—

(a)for a changed holder event of a type mentioned in section 31A(1)(a)—the application for approval of the prescribed dealing is made; or

(b)for a changed holder event of a type mentioned in section 31A(1)(b)—the notice of the notifiable dealing is given; or

(c)for a changed holder event of a type mentioned in section 31A(1)(c) or (d)—the event happens.

(4)If a notice under subsection (1) relates to a changed holder event of a type mentioned in section 31A(1)(c) or (d), the scheme manager must give the chief executive (resources) a copy of the notice within 10 business days after the scheme manager receives the notice.

103Amendment of sch 1 (Dictionary)

(1)Schedule 1, definition interested entity—
omit.

(2)Schedule 1—
insert—

changed holder, for an authority in relation to which a changed holder event happens or is proposed, means the changed holder mentioned in section 31A for the event.

changed holder event, in relation to an authority, see section 31A.

interested entity see section 34(3).

104Act amended

This part amends the Mineral Resources Act 1989.

Note—

See also the amendments in schedule 1.

105Amendment of s 16 (Land excluded from prospecting permit)

Section 16(1)—
insert—

(c)it is the subject of a call for mining lease tenders.

106Amendment of s 51 (Land for which mining claim not to be granted)

Section 51(1)—
insert—

(f)a call for mining lease tenders.

107Insertion of new s 61A

After section 61—
insert—

61A Rejection of application if applicant disqualified

(1)The Minister must reject an application for a mining claim if the Minister decides the applicant is disqualified under the Common Provisions Act, chapter 7 from being granted the mining claim.

(2)On rejection of the application, the Minister must give the applicant a notice about the decision.

108Amendment of s 64 (Issue of mining claim notice)

Section 64(1)—
insert—

(c)is not disqualified under the Common Provisions Act, chapter 7 from being granted the mining claim.

109Amendment of s 85A (Minister may refuse to grant mining claim if compensation not determined)

(1)Section 85A(1)(d)—
insert—

(ia)if all objections lodged in relation to the application for the grant of the mining claim are withdrawn under section 71A(1) before being referred to the Land Court under section 72—the day the chief executive received written notice of the last withdrawal of the objections; or

(2)Section 85A(1)(d)(ia) to (iv)—
renumber as section 85A(1)(d)(ii) to (v).

110Amendment of s 132 (Exclusion of land from area of exploration permit if subject to other authority under Act)

(1)Section 132(1), after paragraph (b) and before ‘that land and’—
insert—

(ba)a call for mining lease tenders;

(2)Section 132(1)—
insert—

(e)in the case of a call for mining lease tenders referred to in paragraph (c)—until any of the following happens—

(i)the call for mining lease tenders is terminated;

(ii)an application for a mining lease for the land made by the preferred tenderer for the call is rejected or abandoned;

(iii)if a mining lease is granted to the preferred tenderer for the call—the land stops being subject to the mining lease;

(3)Section 132(2), after paragraph (b) and before ‘in respect of land’—
insert—

(ba)the termination of a call for mining lease tenders;

(4)Section 132(1)(ba) to (e) and (2)(ba) to (e)—
renumber as section 132(1)(c) to (f) and (2)(c) to (f).

111Insertion of new s 133A

After section 133—
insert—

133A Rejection of application if applicant disqualified

(1)The Minister must reject an application for an exploration permit if the Minister decides the applicant is disqualified under the Common Provisions Act, chapter 7 from being granted the permit.

(2)On rejection of the application, the Minister must give the applicant a notice about the decision.

112Amendment of s 136A (Obtaining exploration permit by competitive tender)

Section 136A(4)—
insert—

(c)the subject of a call for mining lease tenders.

113Amendment of s 136C (Call for tenders)

Section 136C(5)—
insert—

(c)the subject of a call for mining lease tenders.

114Insertion of new s 136EA

After section 136E—
insert—

136EA Rejection of tender if tenderer disqualified

(1)The Minister must reject a tender for an exploration permit for coal if the Minister decides the tenderer is disqualified under the Common Provisions Act, chapter 7 from being granted the permit.

(2)On rejection of the tender, the Minister must give the tenderer a notice about the decision.

115Amendment of s 137 (Prescribed criteria for grant of exploration permit)

Section 137(4) to (6)—
omit.

116Insertion of new ss 137AA and 137AB

After section 137—
insert—

137AA Area of exploration permit does not include particular land

The area of an exploration permit does not include land that, under section 137AB, is excluded land for the permit.

137AB Minister’s power to decide excluded land

(1)The Minister may decide excluded land for an exploration permit.

(2)However, the power under subsection (1) may be exercised only when the Minister is deciding whether to grant or renew the exploration permit.

(3)Excluded land—

(a)must be within—

(i)for the grant of an exploration permit—the area set out in the application for the permit; or

(ii)for the renewal of an exploration permit—the original area of the permit; and

(b)can not be a whole sub-block.

(4)Excluded land may be described in a way the Minister considers appropriate, including, for example, by area or by reference to a stated type of land.

(5)Land ceases to be excluded land for an exploration permit if—

(a)the sub-block in which the land is located is relinquished or, for any other reason, ceases to be in the area of the exploration permit; or

(b)a mineral development licence is granted over any of the area of the exploration permit and the land is excluded land for the mineral development licence.

Note—

See section 176A for provisions about applying to add excluded land to an existing exploration permit.

117Insertion of new s 141BA

After section 141B—
insert—

141BA Power to impose or amend condition if changed holder of exploration permit

(1)This section applies if 1 of the following changes happens—

(a)an entity starts or stops controlling the holder of an exploration permit under the Corporations Act, section 50AA;

(b)the holder of an exploration permit starts or stops being a subsidiary of a corporation under the Corporations Act, section 46.

(2)The Minister may consider whether, after the change, the holder of the exploration permit has the financial and technical resources to comply with the conditions of the exploration permit.

(3)If the Minister considers the holder of the exploration permit may not have the financial and technical resources to comply with conditions of the exploration permit, the Minister may impose another condition on, or amend a condition of, the exploration permit.

(4)If the Minister believes a change mentioned in subsection (1) may have happened, the Minister may require the holder of the exploration permit to give the Minister information or a document about whether or not the change has happened.

(5)Before deciding to impose another condition on, or amend a condition of, the exploration permit under subsection (3), the Minister may require the holder of the exploration permit to give the Minister information or a document the Minister requires to make the decision.

(6)A requirement under subsection (4) or (5) must—

(a)be made by notice given to the holder; and

(b)state a period of at least 10 business days within which the holder must comply with the requirement.

(7)Before deciding to impose another condition on, or amend a condition of, the exploration permit under subsection (3), the Minister must give the holder of the permit a notice stating—

(a)the proposed decision; and

(b)the reasons for the proposed decision; and

(c)that the holder may, within 10 business days after the notice is given, make submissions to the Minister about the proposed decision.

(8)The Minister may extend the period mentioned in subsection (6)(b) or (7)(c) by notice given to the holder of the exploration permit.

(9)In deciding whether to impose another condition on, or amend a condition of, the exploration permit under subsection (3), the Minister—

(a)must consider information or a document, if any, given under subsection (6)(b) or (7)(c); and

(b)may consider any other matter the Minister considers relevant.

(10)If the Minister decides to impose another condition on, or amend a condition of, the exploration permit under subsection (3), the Minister must, as soon as practicable after making the decision, give the holder a notice stating the decision and the reasons for the decision.

118Amendment of s 148 (Continuation of exploration permit if application for other tenure)

Section 148(1)(a)(iii), ‘mining’—
omit, insert—

mineral

119Amendment of s 182 (Land is excluded from area of mineral development licence if covered by other authority under Act)

(1)Section 182(1)(b)—
insert—

(iii)the subject of a call for mining lease tenders.

(2)Section 182(3)—
insert—

(c)if subsection (1)(b)(iii) applies—until any of the following happens—

(i)the call for mining lease tenders is terminated;

(ii)an application for a mining lease for the land made by the preferred tenderer for the call is rejected or abandoned;

(iii)if a mining lease is granted to the preferred tenderer for the call—the land stops being in the area of the mining lease.

120Insertion of new s 185A

After section 185—
insert—

185A Rejection of application if applicant disqualified

(1)The Minister must reject an application for a mineral development licence if the Minister decides the applicant is disqualified under the Common Provisions Act, chapter 7 from being granted the mineral development licence.

(2)On rejection of the application, the Minister must give the applicant a notice about the decision.

121Insertion of new ss 186AA and 186AB

After section 186—
insert—

186AA Area of mineral development licence does not include particular land

The area of a mineral development licence does not include land that, under section 186AB, is excluded land for the licence.

186AB Minister’s power to decide excluded land

(1)The Minister may decide excluded land for a mineral development licence.

(2)However, the power under subsection (1) may be exercised only when the Minister is deciding whether to grant or renew the mineral development licence.

(3)Excluded land must be within—

(a)for the grant of a mineral development licence—the area set out in the application for the mineral development licence; or

(b)for the renewal of a mineral development licence—the original area of the mineral development licence.

(4)Excluded land may be described in a way the Minister considers appropriate, including, for example, by area or by reference to a stated type of land.

(5)Land ceases to be excluded land for a mineral development licence if the land is relinquished or, for any other reason, ceases to be in the area of the mineral development licence.

Note—

See section 226AA for provisions about applying to add excluded land to an existing mineral development licence.

122Insertion of new s 194ABA

After section 194AB—
insert—

194ABA Power to impose or amend condition if changed holder of mineral development licence

(1)This section applies if 1 of the following changes happens—

(a)an entity starts or stops controlling the holder of a mineral development licence under the Corporations Act, section 50AA;

(b)the holder of a mineral development licence starts or stops being a subsidiary of a corporation under the Corporations Act, section 46.

(2)The Minister may consider whether, after the change, the holder of the mineral development licence has the financial and technical resources to comply with the conditions of the mineral development licence.

(3)If the Minister considers the holder of the mineral development licence may not have the financial and technical resources to comply with conditions of the mineral development licence, the Minister may impose another condition on, or amend a condition of, the mineral development licence.

(4)If the Minister believes a change mentioned in subsection (1) may have happened, the Minister may require the holder of the mineral development licence to give the Minister information or a document about whether or not the change has happened.

(5)Before deciding to impose another condition on, or amend a condition of, the mineral development licence under subsection (3), the Minister may require the holder of the mineral development licence to give the Minister information or a document the Minister requires to make the decision.

(6)A requirement under subsection (4) or (5) must—

(a)be made by notice given to the holder; and

(b)state a period of at least 10 business days within which the holder must comply with the requirement.

(7)Before deciding to impose another condition on, or amend a condition of, the mineral development licence under subsection (3), the Minister must give the holder of the licence a notice stating—

(a)the proposed decision; and

(b)the reasons for the proposed decision; and

(c)that the holder may, within 10 business days after the notice is given, make submissions to the Minister about the proposed decision.

(8)The Minister may extend the period mentioned in subsection (6)(b) or (7)(c) by notice given to the holder of the mineral development licence.

(9)In deciding whether to impose another condition on, or amend a condition of, the mineral development licence under subsection (3), the Minister—

(a)must consider information or a document, if any, given under subsection (6)(b) or (7)(c); and

(b)may consider any other matter the Minister considers relevant.

(10)If the Minister decides to impose another condition on, or amend a condition of, the mineral development licence under subsection (3), the Minister must, as soon as practicable after making the decision, give the holder a notice stating the decision and the reasons for the decision.

123Amendment of s 230 (Plant remaining on former mineral development licence may be sold etc.)

(1)Section 230(1) and (5), ‘chief executive’—
omit, insert—

Minister

(2)Section 230(2), ‘direct the chief executive to’—
omit.

124Amendment of s 232 (Eligible person may apply for mining lease)

Section 232—
insert—

(3)If an area of contiguous land (also the proposed lease area) is the subject of a call for mining lease tenders, an eligible person may apply for a mining lease over the proposed lease area only if the person—

(a)is the preferred tenderer for the tender; and

(b)applies for the mining lease within the application period mentioned in the notice given to the person under section 317ZH.

125Insertion of new s 233A

After section 233—
insert—

233A Rejection of application if applicant disqualified

(1)The Minister must reject an application for a mining lease if the Minister decides the applicant is disqualified under the Common Provisions Act, chapter 7 from being granted the lease.

(2)On rejection of the application, the Minister must give the applicant a notice about the decision.

126Amendment of s 245 (Application for grant of mining lease)

Section 245(2), after ‘if, under’—
insert—

section 246 or

127Insertion of new s 246

After section 245—
insert—

246 Additional requirement for applications for particular mining leases for prescribed minerals

(1)This section applies to an application for the grant of a mining lease for a prescribed mineral if—

(a)the applicant proposes to mine a threshold amount of the prescribed mineral under the proposed lease in a lease year, in any 1 or more of the first 5 lease years for the proposed lease; or

(b)the proposed lease is to be part of an existing mining project comprised of prescribed mineral mining leases; or

(c)both of the following apply—

(i)the proposed lease is to be part of an existing mining project or proposed mining project;

(ii)the applicant proposes to mine a threshold amount of the prescribed mineral under the mining project or proposed mining project in a lease year, in any 1 or more of the first 5 lease years for the proposed lease.

(2)The application must include a proposed development plan that complies with the initial development plan requirements for the proposed mining lease.

Note—

See section 317J for the initial development plan requirements.

(3)However, if the mining lease is to be part of a mining project, the proposed development plan may—

(a)also relate to 1 or more of the prescribed mineral mining leases that comprise the mining project; and

(b)comply with the later development plan requirements for a prescribed mineral mining lease.

Note—

See section 317Q for the later development plan requirements.

(4)In this section—

existing mining project, in relation to an application for the grant of a mining lease, means a mining project that exists when the application is made.

proposed mining project, in relation to an application for the grant of a mining lease, means a mining project that—

(a)does not exist when the application is made; and

(b)the applicant intends will be comprised of—

(i)the proposed mining lease; and

(ii)at least 1 other mining lease to be granted, for which the applicant has made an application.

128Amendment of s 248 (Applicant must obtain consent or views of existing authority holders)

(1)Section 248(4), ‘application can’—
omit, insert—

mining lease can

(2)Section 248—
insert—

(4A)However, for a lease mentioned in subsection (2)(b), subsection (4) is subject to section 271AB.

(3)Section 248(4A) and (5)—
renumber as section 248(5) and (6).

129Amendment of s 252 (Issue of mining lease notice)

Section 252(1)—
insert—

(c)is not disqualified under the Common Provisions Act, chapter 7 from being granted the mining lease.

130Amendment of s 271A (Deciding mining lease application)

(1)Section 271A—
insert—

(3A)Further, if the application is 1 of the following, it may only be granted if the applicant’s proposed development plan for the proposed mining lease is approved—

(a)an application for a mining lease for a prescribed mineral that, under section 246, is required to include a proposed development plan for the proposed mining lease;

(b)an application for a coal mining lease;

(c)an application for an oil shale mining lease.

Note—

See part 1A, division 3, and chapter 8, part 9, division 3, for provisions about the approval of proposed development plans for proposed mining leases.

(2)Section 271A(3A) and (4)—
renumber as section 271A(4) and (5).

131Insertion of new s 271AB

After section 271A—
insert—

271AB Application for later specific purpose mining lease or transportation mining lease

(1)This section applies if—

(a)a person applies for a specific purpose mining lease or a transportation mining lease (the later mining lease) over land in the area of any of the following authorities (each an existing authority)—

(i)an exploration permit;

(ii)a mineral development licence;

(iii)a mining lease; and

(b)the person mentioned in paragraph (a) has not obtained the consent of the holder of the existing authority, as required under section 248(2) or 316(5), to the application for the later mining lease.

(2)The Minister may grant the later mining lease only if the Minister is satisfied that—

(a)the authorised activities for the later mining lease can be carried out in a way that is compatible with the authorised activities for the existing authority; and

(b)the co-existence of the later mining lease and the existing authority would optimise the development and use of the State’s resources to maximise the benefit for all Queenslanders.

(3)Before making a decision under subsection (2), the Minister may, by written notice, require the applicant for the later mining lease, or the holder of the existing authority, to give the Minister information or a document the Minister requires to make the decision.

(4)The applicant, or holder, must give the information or document to the Minister within 10 business days after the notice is given.

(5)The Minister may extend the period mentioned in subsection (4) by notice given to the applicant or holder.

(6)If the Minister grants the later mining lease, the later mining lease holder may carry out an authorised activity for the later mining lease on land within the area of the existing authority only if carrying out the authorised activity is consistent with an agreed co-existence plan.

(7)An agreed co-existence plan must—

(a)identify the parties to the plan; and

(b)set out an overview of the activities proposed to be carried out in the area mentioned in subsection (1)(a), including the location of the activities and when they will start; and

(c)set out how the activities mentioned in paragraph (b) will comply with mining safety legislation; and

(d)state how the activities mentioned in paragraph (b) optimise the development and use of the State’s resources; and

(e)state whether any monetary or non-monetary compensation is to be given under the plan; and

(f)state the period for which the plan is to have effect; and

(g)include any other information prescribed by regulation.

(8)The later mining lease holder and the existing authority holder must negotiate in good faith and use all reasonable endeavours to agree on a co-existence plan.

(9)If the later mining lease holder and the existing authority holder can not agree on a co-existence plan within 3 months after the granting of the later mining lease, the later mining lease holder may apply for arbitration of the dispute.

(10)Despite subsection (9), the later mining lease holder and the existing authority holder may jointly apply for arbitration of the dispute at any time.

(11)It is a condition of both the later mining lease and the existing authority that the holder must comply with each agreed co-existence plan that applies to the holder.

(12)The later mining lease holder must, within 20 business days after an agreed co-existence plan is in place, give notice to the chief executive stating the following—

(a)that the plan is in place;

(b)the period for which the plan has effect;

(c)other information prescribed by regulation.

(13)In this section—

agreed co-existence plan means—

(a)if an agreed co-existence plan is agreed on under subsection (8)—the agreed co-existence plan; or

(b)if an agreed co-existence plan is amended by the holders of the later mining lease and the existing mining lease—the agreed co-existence plan as amended; or

(c)if an agreed co-existence plan is arbitrated as an agreed co-existence plan under the Common Provisions Act, chapter 5, part 3—the agreed co-existence plan as arbitrated.

transportation mining lease means a mining lease granted under section 316.

132Insertion of new s 276C

After section 276B—
insert—

276C Power to impose or amend condition if changed holder of mining lease

(1)This section applies if 1 of the following changes happens—

(a)an entity starts or stops controlling the holder of a mining lease under the Corporations Act, section 50AA;

(b)the holder of a mining lease starts or stops being a subsidiary of a corporation under the Corporations Act, section 46.

(2)The Minister may consider whether, after the change, the holder of the mining lease has the financial and technical resources to comply with the conditions of the mining lease.

(3)If the Minister considers the holder of the mining lease may not have the financial and technical resources to comply with conditions of the mining lease, the Minister may impose another condition on, or amend a condition of, the mining lease.

(4)If the Minister believes a change mentioned in subsection (1) may have happened, the Minister may require the holder of the mining lease to give the Minister information or a document about whether or not the change has happened.

(5)Before deciding to impose another condition on, or amend a condition of, the mining lease under subsection (3), the Minister may require the holder of the mining lease to give the Minister information or a document the Minister requires to make the decision.

(6)A requirement under subsection (4) or (5) must—

(a)be made by notice given to the holder; and

(b)state a period of at least 10 business days within which the holder must comply with the requirement.

(7)Before deciding to impose another condition on, or amend a condition of, the mining lease under subsection (3), the Minister must give the holder of the lease a notice stating—

(a)the proposed decision; and

(b)the reasons for the proposed decision; and

(c)that the holder may, within 10 business days after the notice is given, make submissions to the Minister about the proposed decision.

(8)The Minister may extend the period mentioned in subsection (6)(b) or (7)(c) by notice given to the holder of the mining lease.

(9)In deciding whether to impose another condition on, or amend a condition of, the mining lease under subsection (3), the Minister—

(a)must consider information or a document, if any, given under subsection (6)(b) or (7)(c); and

(b)may consider any other matter the Minister considers relevant.

(10)If the Minister decides to impose another condition on, or amend a condition of, the mining lease under subsection (3), the Minister must, as soon as practicable after making the decision, give the holder a notice stating the decision and the reasons for the decision.

133Amendment of s 277 (Provision of security)

(1)Section 277(1), from ‘The’ to ‘security for the lease’—
omit, insert—

Before a mining lease is granted or renewed, the Minister must decide the security to be deposited by the holder of the mining lease

(2)Section 277(2)—
omit.

(3)Section 277(3), ‘Despite subsection (2), the’—
omit, insert—

The

(4)Section 277(4)—
omit, insert—

(4)The Minister must not grant or renew a mining lease until the applicant for the grant or renewal deposits the security required under this section.

(5)Section 277(6), ‘by the holder of’—
omit, insert—

for

(6)Section 277(6), ‘pursuant to subsection (7)’—
omit, insert—

under subsection (6)

(7)Section 277(7), ‘by the holder’—
omit.

(8)Section 277(11), ‘shall, subject to subsection (13)’—
omit, insert—

must, subject to subsection (12)

(9)Section 277(11), ‘subsection (5)’—
omit, insert—

subsection (4)

(10)Section 277(12), ‘subsection (11)’—
omit, insert—

subsection (10)

(11)Section 277(13), ‘subsection (11)’—
omit, insert—

subsection (10)

(12)Section 277(3) to (13)—
renumber as section 277(2) to (12).

134Amendment of s 279A (Minister may refuse to grant mining lease if compensation not determined)

(1)Section 279A(1)(d)—
insert—

(ia)if all objections lodged in relation to the application for the grant of the mining lease are withdrawn under section 261(1) before being referred to the Land Court under section 265—the day the chief executive received written notice of the last withdrawal of the objections; or

(2)Section 279A(1)(d)(ia) to (iv)—
renumber as section 279A(1)(d)(ii) to (v).

135Insertion of new s 286AA

After section 286—
insert—

286AA Additional requirements for application for renewal of particular mining leases for prescribed minerals

(1)This section applies to an application—

(a)for the renewal of a prescribed mineral mining lease; or

(b)for the renewal of another mining lease for a prescribed mineral if—

(i)the holder proposes to mine a threshold amount of the prescribed mineral under the renewed lease in a lease year, in any 1 or more of the first 5 lease years for the renewed lease; or

(ii)the renewed lease is part of a mining project and the holder proposes to mine a threshold amount of the prescribed mineral under the mining project in a lease year, in any 1 or more of the first 5 lease years for the renewed lease.

(2)If the application is for the renewal of a prescribed mineral mining lease, the application must—

(a)state whether the current development plan for the lease has been complied with; and

(b)if the development plan has not been complied with—state details of, and reasons for, each noncompliance; and

(c)include a proposed later development plan for the renewed lease that complies with the later development plan requirements.

Note—

See section 317Q for the later development plan requirements.

(3)If the application is an application mentioned in subsection (1)(b), the application must include a proposed development plan that complies with the initial development plan requirements for the renewed lease.

Note—

See section 317K for the initial development plan requirements.

(4)The application can not be made after the mining lease has ended.

(5)If the application is made less than 6 months before the end of the term of the mining lease, the application must be accompanied by an amount that is 10 times the renewal fee prescribed under section 286(2)(b).

136Amendment of s 286A (Decision on application)

Section 286A—
insert—

(3A)If the application is 1 of the following, the Minister may grant the application only if the holder’s proposed development plan for the renewed mining lease is approved—

(a)an application for renewal of a mining lease for a prescribed mineral that, under section 286AA(3), is required to include a proposed development plan for the renewed lease;

(b)an application for renewal of a coal mining lease;

(c)an application for renewal of an oil shale mining lease.

Note—

See part 1A, division 3, and chapter 8, part 9, division 3, for provisions about the approval of proposed development plans for mining leases.

137Amendment of s 286C (Continuation of lease while application being dealt with)

(1)Section 286C(1), ‘Subsection (2)’—
omit, insert—

This section

(2)Section 286C—
insert—

(3)If the application is for renewal of a prescribed mineral mining lease, the mining lease is taken to have a development plan—

(a)while the lease continues in force under subsection (2); and

(b)even if the plan period for the current development plan ends.

138Amendment of s 313 (Application for approval to remove mineral and property)

Section 313(2), ‘chief executive for the Minister’s’—
omit, insert—

Minister for

139Amendment of s 314 (Property remaining on former mining lease may be sold)

(1)Section 314(1) and (5), ‘chief executive’—
omit, insert—

Minister

(2)Section 314(2), ‘direct the chief executive to’—
omit.

140Amendment of s 316 (Mining lease for transportation through land)

(1)Section 316(1)(b), ‘or mineral development licence’—
omit, insert—

, mineral development licence or mining lease

(2)Section 316—
insert—

(5)If land included in the application is in the area of a mining lease, the application must be accompanied by the consent of the lease holder.

(5A)However, subsection (5) is subject to section 271AB.

(5B)A mining lease may not be granted under this section for land that is the subject of a call for mining lease tenders until any of the following happens—

(a)the call for mining lease tenders is terminated;

(b)an application for a mining lease for the land made by the preferred tenderer for the call is decided, rejected or abandoned.

(3)Section 316(5A) to (6)—
renumber as section 316(6) to (8).

141Renumbering of s 318 (Improvement restoration for mining lease)

Section 318—
renumber as section 317A.

142Insertion of new ch 6, pts 1A and 1B

Chapter 6—
insert—

Part 1A Development plans for particular mining leases for prescribed minerals

Division 1 Preliminary

317B Function and purpose of development plans

(1)The development plan for a mining lease for a prescribed mineral (the relevant lease) gives detailed information about the nature and extent of activities to be carried out under the relevant lease.

(2)The development plan may—

(a)also relate to another mining lease for a prescribed mineral if the other lease relates to the relevant lease, including, because both leases are part of the same mining project; and

(b)provide that the plan will replace any development plan for the other lease when it is approved.

(3)The purposes of giving the information are to—

(a)allow resource management decisions to be made; and

(b)ensure appropriate development of minerals, including prescribed minerals, that are specified in the lease under section 234.

317C What is a prescribed mineral mining lease

(1)A mining lease for a prescribed mineral is a prescribed mineral mining lease if—

(a)when the lease is granted or renewed, there is a development plan for the lease; or

(b)paragraph (a) does not apply to the lease and, at least once, a threshold amount of the prescribed mineral has been mined—

(i)if the mining lease is part of a mining project—under the mining project in a project year for the project; or

(ii)otherwise—under the lease in a lease year for the lease.

(2)However, a mining lease to which subsection (1)(b) applies does not start to be a prescribed mineral mining lease until immediately after the threshold year for the lease ends.

(3)This section applies subject to section 317X.

Note—

Section 317X provides for the circumstances in which a mining lease stops being a prescribed mineral mining lease.

(4)To remove any doubt, it is declared that a mining lease for a prescribed mineral continues to be a prescribed mineral mining lease even if a threshold amount of the prescribed mineral is not mined—

(a)for a lease to which subsection (1)(a) applies—under the lease in any lease year for the lease or, if the lease is part of a mining project, under the mining project in any project year for the project; or

(b)for a lease to which subsection (1)(b) applies—under the lease in any lease year for the lease after the threshold year or, if the lease is part of a mining project, under the mining project in any project year for the project after the threshold year.

(5)In this section—

threshold year, for a mining lease, means—

(a)if the lease is part of a mining project—the first project year in which a threshold amount of a prescribed mineral is mined under the mining project; or

(b)otherwise—the first lease year in which a threshold amount of a prescribed mineral is mined under the lease.

317D What is a new prescribed mineral mining lease

(1)A prescribed mineral mining lease under section 317C(1)(b) is a new prescribed mineral mining lease for the period that—

(a)starts when the mining lease becomes a prescribed mineral mining lease under section 317C(2); and

(b)ends when—

(i)an initial development plan for the lease is approved; or

(ii)if a decision to refuse to approve a proposed initial development plan for the lease is made at least 6 months after the time mentioned in paragraph (a)—the decision takes effect under section 317V.

(2)The initial plan period for a new prescribed mineral mining lease is the period that—

(a)starts at the time mentioned in subsection (1)(a) for the lease; and

(b)ends—

(i)if an initial development plan is approved for the lease within 6 months after the period starts—when the development plan is approved; or

(ii)otherwise—6 months after the period starts.

317E What is a development plan and its plan period

(1)The development plan for a prescribed mineral mining lease is—

(a)the current initial development plan for the lease approved under division 3; or

(b)the current later development plan for the lease approved under division 4.

(2)For subsection (1), the development plan is current if the plan period has started and not ended.

Note—

See also sections 286C(3) and 317R.

(3)The period to which a development plan applies is its plan period.

Division 2 Requirements for development plans

317F Requirement to have development plan

It is a condition of each prescribed mineral mining lease that its holder must ensure there is a development plan for the lease.

Note—

The development plan for a mining lease is its current initial or later development plan, as approved under this part. See the definition of development plan in section 317E. For the requirement to lodge a proposed later development plan and its approval, see division 4.

317G Obligation to comply with development plan

It is a condition of each prescribed mineral mining lease that its holder must comply with the development plan for the lease.

317H Development plan for new prescribed mineral mining lease

(1)A condition stated in section 317F or 317G is complied with for a new prescribed mineral mining lease if a proposed initial development plan for the lease—

(a)is lodged; and

(b)complies with the initial development plan requirements for a mining lease for a prescribed mineral; and

Note—

See section 317K for the initial development plan requirements.

(c)is accompanied by the relevant fee.

(2)If, before the end of the initial plan period for the lease, a decision to refuse to approve a proposed initial development plan lodged under subsection (1) is made, the holder may lodge another proposed initial development plan for the lease within the initial plan period.

(3)In this section—

relevant fee, for the lodgement of the proposed initial development plan, means—

(a)if the proposed plan is lodged within the initial plan period—

(i)for the lodgement of the first proposed plan—the fee prescribed by regulation; or

(ii)for the lodgement of another proposed plan under subsection (2)—nil; or

(b)otherwise—an amount that is 10 times the fee mentioned in paragraph (a)(i).

317I Consequence of failure to comply with notice to lodge proposed initial development plan

(1)This section applies if the holder of a new prescribed mineral mining lease—

(a)does not lodge a proposed initial development plan under section 317H(1) within the initial plan period; or

(b)if section 317H(2) applies—does not lodge another proposed initial development plan under that subsection within the initial plan period.

(2)The holder must be given a notice requiring the holder to lodge a proposed initial development plan for the lease within 40 business days after the notice is given.

(3)The holder must comply with the requirement.

(4)If the holder does not comply with the requirement, the lease is cancelled.

(5)However, the cancellation does not take effect until the holder is given a notice stating that the lease has been cancelled because of the operation of subsection (4).

317J Initial development plan requirements—proposed mining lease

(1)This section provides for requirements (the initial development plan requirements) for a proposed initial development plan for a proposed mining lease for a prescribed mineral.

Note—

See section 246(2) for the circumstances in which a proposed initial development plan must be lodged with an application for the grant of a mining lease.

(2)The proposed plan must provide for each of the following—

(a)an overview of the activities proposed to be carried out under the proposed mining lease during all of its proposed term;

(b)for each year of the plan period—

(i)the nature and extent of activities proposed to be carried out under the proposed mining lease during the year; and

(ii)where the activities are proposed to be carried out;

(c)for each mineral the applicant proposes to mine under the proposed mining lease—

(i)the location and an estimate of the resources of the mineral in all of the area, or proposed area, of the proposed mining lease; and

(ii)the standards and procedures used to make the estimate; and

(iii)the rate and amount of the proposed mining; and

(iv)approximately when the proposed mining is to start; and

(v)a schedule for the proposed mining during the plan period;

(d)maps or other documents that show the matters mentioned in paragraphs (b) and (c)(i), (iii) and (iv);

(e)if the proposed mining lease is to be part of a mining project and the plan does not relate to 1 or more of the mining leases that comprise the project—how the overview of activities mentioned in paragraph (a) relates to the activities proposed to be carried out under those leases during the remainder of their terms;

(f)any other information relevant to the criteria mentioned in section 317N;

(g)reasons why the plan is considered appropriate;

(h)another matter prescribed by regulation.

(3)The proposed plan must state its period.

(4)The period must not be longer than—

(a)if the term sought for the mining lease is 5 years or more—5 years from the start of the term; or

(b)otherwise—the term of the mining lease.

(5)The proposed plan must comply with any requirements about the form of a development plan prescribed by regulation.

317K Initial development plan requirements—mining lease

(1)This section provides for requirements (the initial development plan requirements) for a proposed initial development plan for a mining lease for a prescribed mineral.

Notes—

1See section 286AA(3) for the circumstances in which a proposed initial development plan for a mining lease must be lodged with an application for the renewal of a mining lease.

2See section 317H for the requirement for a proposed initial development plan for a new prescribed mineral mining lease to be lodged.

3See section 317Q(2)(a) for the requirement for a later development plan for a mining lease for a prescribed mineral to comply with the initial development plan requirements in this section.

(2)The proposed plan must provide for each of the following—

(a)an overview of the activities proposed to be carried out under the mining lease during all of the relevant term;

(b)for each year of the plan period—

(i)the nature and extent of activities proposed to be carried out under the mining lease during the year; and

(ii)where the activities are proposed to be carried out;

(c)for each mineral the holder proposes to mine under the mining lease during all of the relevant term—

(i)the location and an estimate of the resources of the mineral in all of the area of the mining lease; and

(ii)the standards and procedures used to make the estimate; and

(iii)the rate and amount of the proposed mining; and

(iv)a schedule for the proposed mining during the plan period;

(d)maps or other documents that show the matters mentioned in paragraphs (b) and (c)(i), (iii) and (iv);

(e)if the mining lease is part of a mining project and the plan does not relate to 1 or more of the mining leases that comprise the project—how the overview of activities mentioned in paragraph (a) relates to the activities proposed to be carried out under those leases during the remainder of their terms;

(f)any other information relevant to the criteria mentioned in section 317N;

(g)reasons why the plan is considered appropriate;

(h)another matter prescribed by regulation.

(3)The proposed plan must state its period.

(4)The period must not be longer than—

(a)if the relevant term of the mining lease is 5 years or more—5 years; or

(b)otherwise—the relevant term of the mining lease.

(5)The proposed plan must comply with any requirements about the form of a development plan prescribed by regulation.

(6)In this section—

relevant term, for a mining lease, means—

(a)if a proposed initial development plan is included with an application for renewal of a mining lease—the term of the renewed mining lease; or

(b)otherwise—the remaining term of the mining lease.

Division 3 Initial development plans

317L Ministerial approval of proposed plan

The Minister must decide whether to approve a proposed initial development plan—

(a)included with an application for a mining lease, or renewal of a mining lease, for a prescribed mineral; or

(b)lodged by the holder of a new prescribed mineral mining lease.

Notes—

1See sections 271A(4) and 286A(3A) for the consequence for an application mentioned in paragraph (a) if the proposed initial development plan is not approved.

2See section 317F for the condition that a prescribed mineral mining lease must have a development plan and section 308 for the power of the Minister to cancel the lease for breach of the condition.

317M Before approval of proposed plan

(1)This section applies to—

(a)the applicant for the grant or renewal of a mining lease for a prescribed mineral who has lodged a proposed initial development plan; or

(b)the holder of a new prescribed mineral mining lease who has lodged a proposed initial development plan.

(2)The applicant or holder may, by lodged notice, amend the proposed initial development plan at any time before the Minister decides whether to approve the proposed plan.

(3)The notice must be accompanied by the amended proposed initial development plan.

(4)The Minister may give the applicant or holder a notice requiring the applicant or holder to give the Minister, within the reasonable period stated in the notice, information the Minister reasonably requires to decide whether to approve the proposed initial development plan.

(5)If the applicant or holder does not comply with the requirement, the Minister may refuse to approve the proposed initial development plan.

317N Deciding whether to approve proposed plan

(1)The Minister may approve or refuse to approve a proposed initial development plan for a proposed mining lease or mining lease for a prescribed mineral.

(2)The matters that must be considered in deciding whether to approve a proposed initial development plan include each of the following—

(a)the potential of the area of the proposed mining lease or mining lease for each of the following (the activities)—

(i)mining;

(ii)each other purpose for which the lease is sought or was granted;

(b)the nature and extent of the activities;

(c)when and where the activities are proposed to be carried out;

(d)whether the mining of minerals specified in the lease, or that are sought to be specified in the lease under section 234, will be optimised in the best interests of the State, having regard to the public interest.

Division 4 Later development plans

317O Obligation to lodge proposed later development plan

(1)It is a condition of each prescribed mineral mining lease that its holder must lodge a proposed later development plan for the mining lease as required under subsection (2).

Note—

If the holder wishes to renew the lease, a proposed later development plan must be included in the renewal application. See section 286AA.

(2)The condition is complied with only if the proposed later development plan—

(a)is lodged; and

(b)complies with the later development plan requirements; and

(c)is accompanied by the relevant fee.

(3)A proposed later development plan must be lodged—

(a)at least 40, but no more than 100, business days before the end of the current plan period; or

(b)as soon as practicable after the holder proposes or becomes aware of a significant change to the nature and extent of an authorised activity that is not already dealt with under the current development plan for the lease.

(4)If, before the end of the current plan period, a decision to refuse to approve a proposed later development plan lodged under subsection (2)(a) is made, the holder may lodge another proposed later development plan within the current plan period.

(5)In this section—

relevant fee, for the lodgement of the proposed later development plan, means—

(a)if the proposed plan is lodged within the time required under subsection (3)—the fee prescribed by regulation; or

(b)if the proposed plan is lodged under subsection (4)—nil; or

(c)otherwise—an amount that is 10 times the prescribed fee.

317P Consequence of failure to comply with notice to lodge proposed later development plan

(1)This section applies if the holder of a prescribed mineral mining lease—

(a)does not lodge a proposed later development plan under section 317O(2) within the current plan period; or

(b)if section 317O(4) applies—does not lodge another proposed later development plan under that subsection within the current plan period.

(2)The holder must be given a notice requiring the holder to lodge a proposed later development plan for the lease within 40 business days after the notice is given.

(3)The holder must comply with the requirement.

(4)If the holder does not comply with the requirement, the lease is cancelled.

(5)However, the cancellation does not take effect until the holder is given a notice stating that the lease has been cancelled because of the operation of subsection (4).

317Q Later development plan requirements

(1)This section provides for requirements (the later development plan requirements) for a proposed later development plan for a prescribed mineral mining lease.

(2)A proposed later development plan must—

(a)comply with the initial development plan requirements for a mining lease for a prescribed mineral; and

Note—

See section 317K for the initial development plan requirements.

(b)highlight any significant changes from the current development plan for the mining lease; and

(c)state whether the current development plan has been complied with; and

(d)if the current development plan has not been complied with—state the details of, and reasons for, each noncompliance.

(3)If the effect of the proposed later development plan is to significantly change an activity provided for under the current development plan, the proposed plan must also state reasons for the change.

317R Mining lease taken to have development plan until decision about approval

(1)This section applies—

(a)if, under section 317O, the holder of a prescribed mineral mining lease lodges a proposed later development plan before the end of the current plan period for the lease; and

(b)until either—

(i)the holder is given notice that the proposed plan is approved; or

(ii)refusal of the proposed plan takes effect under section 317V.

(2)Despite the current plan period for the lease ending—

(a)the mining lease is taken to have a development plan; and

(b)the holder may carry out any authorised activity for the lease.

317S Ministerial approval of proposed plan

The Minister must decide whether to approve a proposed later development plan—

(a)included with an application for a mining lease, or renewal of a mining lease, for a prescribed mineral; or

(b)lodged by the holder of a prescribed mineral mining lease.

Notes—

1See sections 271A(4) and 286A(3A) for the consequence for an application mentioned in paragraph (a) if the proposed later development plan is not approved.

2See section 317F for the condition that a prescribed mineral mining lease must have a development plan and section 308 for the power of the Minister to cancel the lease for breach of the condition.

317T Deciding whether to approve proposed plan

(1)The Minister may approve or refuse to approve a proposed later development plan for a mining lease.

(2)The matters that must be considered in deciding whether to approve the proposed later development plan include each of the following—

(a)the criteria under section 317N for deciding whether to approve a proposed initial development plan;

(b)the extent to which the current development plan for the mining lease has been complied with;

(c)the effect of approval of the proposed plan on a relinquishment condition for the mining lease;

(d)if the proposed plan provides for a significant change that is a cessation or reduction of mining or other purposes for which the mining lease is granted—

(i)whether the cessation or reduction is reasonable; and

(ii)whether the mining lease holder has taken all reasonable steps to prevent the cessation or reduction.

(3)The Minister may give the holder of the mining lease a notice requiring the holder to give the Minister, within the reasonable period stated in the notice, information the Minister reasonably requires to decide whether to approve the proposed later development plan.

(4)If the holder does not comply with the requirement, the Minister may refuse to approve the proposed later development plan.

317U Power to require partial surrender application

(1)This section applies if the proposed later development plan for a mining lease provides for a significant change that is a cessation or reduction of mining or other purposes for which the mining lease is granted.

(2)The Minister may approve the proposed plan, but—

(a)decide (a deferral decision)—

(i)to defer the taking of effect of the approval until the mining lease holder applies under section 309 to surrender a stated part or percentage of the area of the lease on or before a stated day; and

(ii)that the decision to approve the proposed plan is replaced by a decision not to approve it if the surrender application is not made on or before the stated day; or

(b)impose a condition (a surrender condition) on the mining lease requiring its holder to apply under section 309 to surrender a stated part or percentage of the area of the lease at stated times or intervals.

(3)The public interest must be considered before making a deferral decision or imposing a surrender condition.

Division 5 Miscellaneous

317V Steps after, and taking effect of, decision

(1)The chief executive must give notice of the Minister’s decision about a proposed initial development plan or proposed later development plan under section 317N, 317T or 317U to—

(a)for a proposed plan lodged by the applicant for the grant or renewal of a mining lease for a prescribed mineral—the applicant; or

(b)for a proposed plan lodged by the holder of a mining lease—the holder.

(2)A notice about any of the following decisions must be an information notice—

(a)a decision under section 317N or 317T to refuse to approve the proposed plan;

(b)a deferral decision under section 317U(2)(a);

(c)a decision to impose a surrender condition under section 317U(2)(b).

(3)An approval of a proposed later development plan without a deferral decision under section 317U(2)(a) takes effect when the notice is given or, if the notice states a later day of effect, on that later day.

(4)A refusal does not take effect until the end of the appeal period under section 317W.

317W Right of appeal against cancellation, deferral or refusal

(1)This section applies if the Minister decides—

(a)under section 317N, not to approve a proposed initial development plan for a mining lease; or

(b)under section 317T, not to approve a proposed later development plan for a mining lease; or

(c)under section 317U, to make a deferral decision or a decision to impose a surrender condition in relation to a mining lease.

(2)The Petroleum and Gas (Production and Safety) Act, chapter 12, part 2, applies, with necessary changes, as if—

(a)the decision were mentioned in schedule 1, table 2 of that Act; and

(b)the schedule stated the Land Court as the appeal body for the decision; and

(c)a reference in that part to an information notice were a reference to an information notice under section 317V.

317X Changes to prescribed minerals or prescribed thresholds

(1)A mining lease stops being a prescribed mineral mining lease, in relation to a prescribed mineral, if—

(a)the mineral stops being a prescribed mineral; or

(b)both of the following apply—

(i)the threshold amount of the prescribed mineral increases;

(ii)the increased threshold amount of the prescribed mineral has not been mined under the lease in any lease year for the lease.

(2)For subsection (1)(b)(ii), if a mining lease is part of a mining project, a threshold amount of a prescribed mineral is taken to have been mined under the lease in a lease year for the lease if the threshold amount of the mineral has been mined under the mining project during a project year for the project.

(3)If a mining lease is granted for more than 1 prescribed mineral, the mining lease stops being a prescribed mineral mining lease only if subsections (1) and (2) are satisfied for each prescribed mineral for which the mining lease was granted.

Part 1B Competitive tenders for proposed mining leases

Division 1 Preliminary

317Y Operation of part

(1)This part provides for a competitive tender process for selecting a preferred tenderer to apply for a mining lease for an area of land.

(2)To remove any doubt, it is declared that a mining lease for the area of land can only be granted—

(a)to the preferred tenderer appointed from the tender process; and

(b)if the preferred tenderer applies for the mining lease under section 232.

Division 2 Competitive tenders

317Z Call for tenders

(1)The Minister may publish a gazette notice (a call for mining lease tenders) inviting tenders for an eligible person to apply for a mining lease.

(2)The call must state—

(a)the proposed area of the lease; and

(b)the day and time by which tenders in response to it must be made (the closing time for the call); and

(c)that the tenders must be lodged before the closing time for the call; and

(d)that details about each of the following are available at a stated place—

(i)any proposed conditions of the lease that are likely to impact significantly on mining in the proposed area;

(ii)a proposed initial development plan or proposed mining program required for an application for the lease;

(iii)any criteria (special criteria), other than the prescribed criteria, proposed to be used to decide the call;

(iv)whether security to ensure the tenderer, if appointed as the preferred tenderer, applies for the mining lease must be deposited for the tender and, if so, the amount of security;

(v)whether a process for appointing a preferred tenderer involving a cash bid component is to be used for deciding the call.

(3)The call may state other relevant matters, including, for example—

(a)information about minerals known to be in the proposed area; and

(b)matters relevant to the special criteria and prescribed criteria.

(4)Subsection (2)(d)(i) does not limit the Minister’s power under section 276(1)(n) to decide conditions of the mining lease if it is granted.

(5)The Minister must not act under this section for land if all or any part of the land is the subject of—

(a)a mining tenement, other than a prospecting permit; or

(b)an application for a mining tenement, other than a prospecting permit.

(6)In this section—

prescribed criteria means the matters stated in section 271 that the Minister must consider in deciding an application for the grant of a mining lease.

317ZA Right to tender

(1)An eligible person may, by a tender made under section 317ZB, tender for a proposed mining lease the subject of a call for mining lease tenders.

(2)However, the tender can not be made—

(a)after the closing time for the call; or

(b)for only part of the area of the proposed mining lease.

317ZB Requirements for making tender

A tender for a mining lease must—

(a)be in the approved form; and

(b)be accompanied by a statement—

(i)that describes the initial development plan or mining program proposed for the mining lease, if granted; and

(ii)that states the estimated human, technical and financial resources proposed to be committed to the initial development plan or mining program during each year of the mining lease, if granted; and

(c)be accompanied by a statement, separate from the statement mentioned in paragraph (b), detailing the tenderer’s financial and technical resources; and

(d)be accompanied by the following—

(i)proof of the tenderer’s identity;

(ii)the application fee prescribed by regulation;

(iii)if security is required to be deposited for the tender—the tenderer’s security;

(iv)if a process for appointing a preferred tenderer involving a cash bid component is to be used for deciding the call—the tenderer’s cash bid.

317ZC Rejection of tender if tenderer disqualified

(1)The Minister must reject a tender for a mining lease if the Minister decides the tenderer is disqualified under the Common Provisions Act, chapter 6 from being granted a mining lease.

(2)On rejection of the tender, the Minister must give the tenderer a notice about the decision.

317ZD Right to terminate call for tenders

(1)The Minister may, by gazette notice, terminate a call for mining lease tenders at any time before deciding the call.

(2)All tenders in response to the call lapse when the call is terminated.

(3)No amount, whether by way of compensation, reimbursement or otherwise, is payable by the State to any person for or in connection with the termination.

(4)However, subject to sections 317ZF(4) and 317ZI(4), the Minister must refund any tender security given by the tenderer.

317ZE Amendment of tender

(1)This section provides for the amendments that can be made to a tender in response to a call for mining lease tenders.

(2)A proposed initial development plan or proposed mining program included in the tender may be amended at any time until, but not after, the tenderer has become the preferred tenderer for the call.

(3)Otherwise, the tender may be amended at any time until, but not after, the closing time for the call.

(4)However, subsection (3) does not apply if—

(a)the tenderer is a company; and

(b)the change is only a change of name of the tenderer; and

(c)the tenderer’s Australian company number and Australian registered business name have not changed.

317ZF Withdrawal of tender

(1)A person who has lodged a tender in response to a call for mining lease tenders may lodge a notice withdrawing the tender at any time before an application for the mining lease is granted.

(2)The withdrawal takes effect when the notice is lodged.

(3)The withdrawal of the preferred tenderer’s tender under this section does not affect the Minister’s power to appoint another tenderer, from the tenders made in response to the call, to be the preferred tenderer.

(4)If a tender is withdrawn under this section, the Minister may, if the Minister considers it reasonable in the circumstances, retain the whole or part of any tender security given by the tenderer.

Division 3 Deciding tenders

317ZG Process for deciding tenders

(1)Subject to section 317ZH(2) and (3), any process the Minister considers appropriate may be used to decide the call, including, for example—

(a)a process appointing a preferred tenderer on the tenders made in response to the call (whether or not involving a cash bid component); or

(b)a process involving short-listing a group of possible preferred tenderers and inviting them to engage in another round of tendering before appointing a preferred tenderer from that group.

(2)Without limiting subsection (1), the Minister may give a tenderer a notice requiring the tenderer to give the Minister, within the reasonable period stated in the notice, information the Minister reasonably requires to assess the tender.

317ZH Deciding to appoint preferred tenderer

(1)The Minister may, after the closing time for the call for mining lease tenders—

(a)appoint a tenderer as the preferred tenderer for the call; or

(b)refuse to appoint a preferred tenderer for the call.

(2)However, the Minister must not appoint a tenderer as the preferred tenderer unless the Minister is satisfied the prescribed criteria, if an application for a mining lease is made, are likely to be met.

(3)Also, in deciding whether to appoint a preferred tenderer for the call, the Minister must consider any special criteria for the call.

(4)A tenderer appointed as the preferred tenderer must be given notice of the decision.

(5)The notice must state the period (the application period) within which the preferred tenderer may apply for a mining lease for the land the subject of the call.

317ZI Provisions for preferred tenderers

(1)The Minister may require a preferred tenderer for a call for mining lease tenders to—

(a)pay any amounts necessarily incurred, or to be incurred, to enable an application for the mining lease to be granted; and

Example—

amounts required to comply with the Commonwealth Native Title Act, part 2, division 3, subdivision P

(b)do all or any of the following within a stated reasonable period—

(i)give, under section 277, security for the lease;

(ii)pay the rental for the first year of the term of the lease under section 290.

(2)The Minister may revoke a preferred tenderer’s appointment as the preferred tenderer if the tenderer does not—

(a)apply for a mining lease within—

(i)the application period mentioned in the notice given to the tenderer under section 317ZH; or

(ii)a longer period decided by the Minister on the application of the preferred tenderer; or

(b)comply with a requirement under subsection (1); or

(c)do all things reasonably necessary to allow an application for a mining lease to be granted to the tenderer.

(3)However, before acting under subsection (2), the Minister must give the preferred tenderer a reasonable opportunity to provide reasons for, and rectify, the tenderer’s failure to—

(a)apply for the mining lease; or

(b)comply with a requirement under subsection (1) or (2)(c).

(4)If the Minister revokes the appointment of the tenderer as the preferred tenderer under this section, the Minister may—

(a)retain the whole or part of any tender security given by the tenderer, if the Minister considers it reasonable in the circumstances; and

(b)appoint another tenderer to be the preferred tenderer.

317ZJ Notice to unsuccessful tenderers

(1)After a call for mining lease tenders has been decided, each tenderer not appointed as the preferred tenderer must be given notice of the decision.

Note—

See also the Judicial Review Act 1991, section 32 (Request for statement of reasons).

(2)Subject to sections 317ZF(4) and 317ZI(4), the Minister must refund any tender security given by the unsuccessful tenderer.

143Amendment of s 318DO (Requirement for coordination arrangement to transfer or sublet mining lease in area of petroleum lease)

Section 318DO(2), from ‘are parties to’ to ‘petroleum lease.’—
omit, insert—

are—

(a)the same entity; or

(b)parties to a coordination arrangement about—

(i)coal or oil shale mining and any incidental coal seam gas under the mining lease; and

(ii)petroleum production under the petroleum lease.

144Amendment of s 325 (Royalty return and payment upon transfer or surrender of mining claim or mining lease)

Section 325(3)—
omit, insert—

(3)Despite subsection (1), the person is not required to lodge the royalty return if the royalty return has been lodged under section 320(4) and the person—

(a)has paid the royalty under section 320; or

(b)is not required to pay a royalty under section 320.

(4)Also, despite subsection (1), the person is not required to pay the royalty if the person has paid the royalty under section 320.

145Omission of ch 13, pt 2 (Conferences with eligible claimants or owners and occupiers)

Chapter 13, part 2—
omit.

146Replacement of ch 13, pt 4, hdg (Access to abandoned mines and final rehabilitation sites)

Chapter 13, part 4, heading—
omit, insert—

Part 4 Remediation of abandoned mine sites and rehabilitation of final rehabilitation sites

147Replacement of ss 344 to 344D

Sections 344 to 344D—
omit, insert—

Division 1 Preliminary

344Definitions for part

In this part—

abandoned mine site means a site—

(a)where mining or exploration activities have been carried out; and

(b)for which no current mining claim or mining lease is granted; and

(c)for which no environmental authority is in force for activities mentioned in paragraph (a) that were carried out under a mining claim or mining lease that is no longer in force.

affected land see section 344C(2).

authorised person means—

(a)for an abandoned mine site—a person authorised by the chief executive under section 344C(1) to enter the site; or

(b)for affected land—a person authorised by the chief executive under section 344C(2) to enter the land; or

(c)for a final rehabilitation site—a person authorised by the chief executive under section 344D(1) to enter the site.

enter, for land, includes re-enter the land.

final rehabilitation site means the area of a mining claim or mining lease that is no longer in force if—

(a)an environmental authority or PRCP schedule is in force for the mining activities that were carried out under the claim or lease; and

(b)any of the following apply—

(i)the holder of the mining claim or mining lease was prevented by an Act from applying to renew the claim or lease within the period within which the holder could have applied for the renewal of the claim or lease under this Act;

(ii)for a mining claim—an application to renew the mining claim was refused for a reason other than because the Minister was not satisfied of a matter mentioned in section 93(4)(b)(i) or (ii);

(iii)for a mining lease—an application to renew the mining lease was refused for a reason other than because the Minister was not satisfied of a matter mentioned in section 286A(1)(a).

holder means—

(a)of an environmental authority—the holder of the environmental authority under the Environmental Protection Act; or

(b)

of a PRCP schedule—the holder of the PRCP schedule under the Environmental Protection Act, schedule 4, definition holder, paragraph 4A.

PRCP schedule see the Environmental Protection Act, section 112.

previous mining activities means mining activities previously carried out on an abandoned mine site.

rehabilitation activity see section 344B.

remediation activity see section 344A.

344A Meaning of remediation activity

(1)Each of the following activities is a remediation activity—

(a)investigating the condition of—

(i)an abandoned mine site or affected land; or

(ii)a mine shaft or underground mine feature on an abandoned mine site or affected land; or

(iii)a structure or equipment on an abandoned mine site or affected land related to previous mining activities;

(b)capping or otherwise making safe a mine shaft on an abandoned mine site;

(c)making safe an underground mine feature or subsidence on an abandoned mine site or affected land;

(d)removing, modifying or otherwise making safe structures or equipment on an abandoned mine site or affected land related to previous mining activities;

(e)maintaining a mine shaft, underground mine feature, structure or equipment on an abandoned mine site or affected land related to previous mining activities;

(f)mitigating, managing, treating or cleaning up pollution that is on an abandoned mine site or affected land because of, directly or indirectly, previous mining activities;

(g)maintaining, managing and monitoring the condition of an abandoned mine site or affected land, including, for example—

(i)repairing erosion of the site or land or vegetation on the site or land; and

(ii)preventing further erosion of the site or land or vegetation; and

(iii)revegetating the site or land;

(h)if an abandoned mine site or affected land is contaminated land under the Environmental Protection Act—conducting work to remediate the site or land;

(i)removing, mitigating or managing a hazard on an abandoned mine site or affected land because of, directly or indirectly, previous mining activities;

(j)mitigating, managing or monitoring risks to, or adverse impacts on, public health or safety, other property or the environment because of, directly or indirectly, previous mining activities, including, by constructing infrastructure or installing equipment;

(k)assessing the commercial or practical feasibility of an abandoned mine site for the future exploration and mining of minerals or another use;

Examples of other uses—

a park, renewable energy generation, a water resource

(l)another activity on an abandoned mine site or affected land, prescribed by regulation—

(i)to make the site or land safe; or

(ii)to mitigate, manage or monitor risks to, or adverse impacts on, public health or safety, other property or the environment because of, directly or indirectly, previous mining activities.

(2)In this section—

other property, in relation to an abandoned mine site or affected land, means—

(a)land other than the abandoned mine site or affected land; or

(b)a structure, equipment or other thing, other than a structure or equipment on the abandoned mine site or affected land related to previous mining activities.

344B Meaning of rehabilitation activity

(1)A rehabilitation activity for a final rehabilitation site is an activity that the holder of the environmental authority or PRCP schedule for the mining activities that were carried out on the site would be required to carry out—

(a)for the environmental management of the site under an environmental requirement; or

(b)if an EPA surrender application were made for the environmental authority—to satisfy an EPA administering authority of the approval matters for the application.

(2)In this section—

approval matter, for an EPA surrender application, means a matter about which the EPA administering authority must be satisfied under the Environmental Protection Act, section 269.

environmental requirement see the Environmental Protection Act, schedule 4.

EPA administering authority, for an EPA surrender application, means the administering authority for the application under the Environmental Protection Act.

EPA surrender application means a surrender application under the Environmental Protection Act, section 257(1).

Division 2 Authorisation to carry out remediation activities or rehabilitation activities

344C Authorisation to carry out remediation activities on abandoned mine site or affected land

(1)The chief executive may authorise a person to enter an abandoned mine site to carry out 1 or more remediation activities.

(2)Also, the chief executive may authorise a person to enter land other than an abandoned mine site (affected land) to carry out 1 or more remediation activities if the chief executive is satisfied—

(a)the remediation activities are, or may be, required to be carried out on the land because of, directly or indirectly, previous mining activities; or

(b)the entry is necessary to carry out remediation activities on an abandoned mine site.

(3)The authorisation must—

(a)be in writing; and

(b)state the period of the authorisation.

344D Authorisation to carry out rehabilitation activities on final rehabilitation site

(1)The chief executive may authorise the holder of an environmental authority or PRCP schedule for mining activities that were carried out on a final rehabilitation site to enter the site to carry out 1 or more rehabilitation activities.

(2)The authorisation must—

(a)be in writing; and

(b)state the period of the authorisation.

(3)The authorisation authorises—

(a)the holder to carry out a rehabilitation activity whether or not the holder is otherwise authorised to carry out the activity under this Act; and

(b)the following persons to also enter the final rehabilitation site to carry out rehabilitation activities—

(i)an officer or employee of the holder;

(ii)a person engaged by the holder under a contract or other arrangement to carry out the rehabilitation activities.

(4)However, the authorisation does not authorise the holder to carry out an activity that is an act to which the right to negotiate provisions apply.

344E Entering land to carry out remediation activities or rehabilitation activities

(1)An authorised person may enter an abandoned mine site to carry out remediation activities, or a final rehabilitation site to carry out rehabilitation activities, if the authorised person has given the owner and occupier of the land the notice of entry required under section 344F.

(2)An authorised person may enter affected land if the owner and occupier of the land have consented to the entry under section 344G.

(3)An authorised person for an abandoned mine site or final rehabilitation site may enter land adjacent to the site if—

(a)the entry is only for the purpose of entering the site under subsection (1) or (4); and

(b)entering the adjacent land is the only reasonably practicable way for the authorised person to enter the site; and

(c)the authorised person has given the owner and occupier of the adjacent land the notice of entry required under section 344F.

(4)An authorised person may enter land mentioned in subsection (1), (2) or (3) without giving notice of entry to, or the consent of, the owner or occupier of the land to carry out remediation activities or rehabilitation activities, if carrying out the activities is necessary to preserve life or property.

(5)This section does not authorise an authorised person to enter a structure used for residential purposes without the consent of the occupier of the structure.

344F Notice of entry

(1)An authorised person who enters land under this part must give the owner and occupier of the land written notice about the entry—

(a)if the land is entered to carry out remediation activities or rehabilitation activities necessary to preserve life or property—within 10 business days after entering the land; or

(b)otherwise, if the land is an abandoned mine site or final rehabilitation site—

(i)at least 10 business days before entering the land; or

(ii)a shorter period agreed by the owner and occupier.

(2)The written notice must state the following—

(a)when the entry was made or is to be made;

(b)the purpose of the entry;

(c)if the notice relates to land other than affected land—that the authorised person is permitted under this Act to enter the land without consent or a warrant;

(d)the remediation activities or rehabilitation activities carried out or proposed to be carried out.

344G Consent of owner or occupier to enter affected land

(1)This section applies if an authorised person intends to ask the owner or occupier of affected land for consent to enter the land.

(2)For the purpose of asking the owner or occupier for the consent, the authorised person may, without the consent of the owner or occupier, or a warrant—

(a)enter land around premises at the affected land to an extent that is reasonable to contact an occupier of the affected land; or

(b)enter part of the affected land the authorised person reasonably considers members of the public ordinarily are allowed to enter when they wish to contact an occupier of the affected land.

(3)When asking for the consent, the authorised person must tell the owner or occupier—

(a)about the purpose of the entry; and

(b)the proposed day, time and duration of the entry; and

(c)that the owner or occupier is not required to consent; and

(d)that the consent may be—

(i)given subject to reasonable conditions, other than a condition requiring compensation for the entry; and

(ii)may be withdrawn at any time.

(4)If the owner or occupier gives the consent, the authorised person may ask the owner or occupier to sign an acknowledgement of the consent.

(5)The acknowledgement must state—

(a)the purpose of the entry, including the remediation activities to be carried out; and

(b)the following has been explained to the owner or occupier—

(i)the purpose of the entry, including the remediation activities to be carried out;

(ii)the proposed day, time and duration of the entry;

(iii)that the owner or occupier is not required to consent;

(iv)that the consent may be given subject to conditions, other than a condition requiring compensation for the entry, and may be withdrawn at any time; and

(c)the owner or occupier gives the authorised person consent to enter the land and carry out the remediation activities; and

(d)the day and time the consent was given; and

(e)any conditions of the consent.

(6)If the owner or occupier signs the acknowledgement, the authorised person must give a copy of the acknowledgement to the owner and occupier.

344H Obligation of authorised person in carrying out activities

An authorised person who enters land under this part—

(a)must not cause, or contribute to, unnecessary damage to any structure or works on the land; and

(b)must take all reasonable steps to ensure the person causes as little inconvenience, and does as little other damage, as is practicable in the circumstances.

344I Report to owner and occupier after entry of affected land

(1)This section applies if an authorised person enters affected land to carry out remediation activities with the consent of the owner and occupier of the land given under section 344G.

(2)The authorised person must give the owner and occupier a report about the entry within 30 days after the entry ends.

(3)The report must state—

(a)whether or not remediation activities were carried out on the affected land; and

(b)if activities were carried out on the land—

(i)the nature and extent of the activities; and

(ii)where on the land the activities were carried out; and

(c)another matter prescribed by regulation for the report.

(4)However, the authorised person is not required to give a report to the owner or occupier of the affected land under this section if the owner or occupier does not wish to receive the report.

Division 3 Compensation

148Replacement of s 399 (Mode of service of documents)

Section 399—
omit, insert—

399Service of documents by prescribed persons

(1)This section applies—

(a)to each of the following persons (a prescribed person)—

(i)a holder of, or applicant for the grant of, a mining tenement;

(ii)a person who is carrying out, or intends to carry out, an activity under section 386V; and

(b)if the prescribed person is required to give a document to, or serve a document on, either of the following persons (the recipient)—

(i)an owner of land;

(ii)an affected person under section 64A or 252A.

(2)The prescribed person gives the document to the recipient, or serves the document on the recipient, if—

(a)the document is served personally on the recipient; or

(b)the document is sent by registered post to the recipient’s place of residence or business last known to the prescribed person; or

(c)the document is sent to an email address that the recipient—

(i)gave the prescribed person to use to communicate with the recipient; and

(ii)has not asked the prescribed person to stop using to communicate with the recipient.

(3)This section does not limit the Electronic Transactions (Queensland) Act 2001.

(4)In this section—

document includes information.

399A Service of documents generally

(1)This section applies if the Minister, the Land Court, the tribunal, an authorised officer or another person (each a sending entity) is—

(a)required or permitted to give a document to a person; or

(b)required to serve a document on a person.

(2)However, this section does not apply for giving a document to which section 399 or chapter 11, part 3, division 9 applies.

(3)The sending entity gives the document to the person, or serves the document on the person, if—

(a)the document is served personally on the person; or

(b)the document is left at the person’s address for service or other last known address; or

(c)the document is sent by registered post to the person’s address for service or other last known address; or

(d)if the sending entity is the Minister or an authorised officer—the document is sent to an email address that the person gave the Minister, chief executive or authorised officer.

(4)If a person’s address for service is the name and address of someone else (the nominated person), the document is taken to be given to, or served on, the person if it is given to, or served on, the nominated person under subsection (3).

(5)This section does not limit the Electronic Transactions (Queensland) Act 2001.

(6)In this section—

address for service, for a person, see section 388(3).

document includes the following—

(a)a direction;

(b)a notice;

(c)an order;

(d)information.

last known address, for a person, means—

(a)if an address for the person is recorded in the register—the address recorded in the register; or

(b)otherwise—the place of residence or business of the person last known to the sending entity giving a document to, or serving a document on, the person.

149Amendment of s 411 (Indemnity against liability)

Section 411(1), ‘or 344A(1)’—
omit, insert—

, 344C or 344D

150Amendment of s 412 (Offences and recovery of penalties etc.)

Section 412(2)—
omit, insert—

(2)A proceeding for an offence against this Act must be started within—

(a)1 year after the commission of the offence; or

(b)1 year after the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.

151Insertion of new ch 15, pt 19

Chapter 15—
insert—

Part 19 Transitional provisions for Mineral and Energy Resources and Other Legislation Amendment Act 2020

871Power of Minister to refuse application for mining claim if compensation not determined

Section 85A(1)(d)(ii), as in force after the commencement, does not apply in relation to an application for the grant of a mining claim made, but not decided, before the commencement.

872Application or tender for exploration permit made before commencement

(1)This section applies if—

(a)before the commencement, a person made an application under chapter 4, part 2, or a tender under chapter 4, part 3, for an exploration permit; and

(b)immediately before the commencement, the exploration permit had not been granted.

(2)Section 137 as in force immediately before the commencement applies in relation to the grant of the permit.

873 Power to impose or amend condition if changed holder of particular resource authorities

The power of the Minister to impose another condition on, or amend a condition of, a resource authority under section 141BA, 194ABA or 276C applies—

(a)whether the authority was granted before or after the commencement; and

(b)only if the change mentioned in section 141BA(1), 194ABA(1) or 276C(1) happens after the commencement.

874Application for later specific purpose mining lease or transportation mining lease made before commencement

Section 271AB applies to an application for a later mining lease mentioned in section 271AB(1)(a) whether the application was made before or after the commencement.

875Provision of security for particular mining leases

Section 277, as in force before the commencement, continues to apply for the holder of a mining lease as if the Mineral and Energy Resources and Other Legislation Amendment Act 2020 had not been enacted if, immediately before the commencement, the holder had not deposited an amount of security the holder is required to deposit under that section.

876Provision of security for existing applications for grant or renewal of mining lease

Section 277, as in force after the commencement, applies in relation to an application for the grant or renewal of a mining lease made, but not decided, before the commencement.

877Power of Minister to refuse application for mining lease if compensation not determined

Section 279A(1)(d)(ii), as in force after the commencement, does not apply in relation to an application for the grant of a mining lease made, but not decided, before the commencement.

878Existing applications for grant or renewal of mining lease for prescribed mineral

(1)This section applies in relation to an application for the grant of a mining lease for a prescribed mineral that—

(a)was made, but not decided, before the commencement; and

(b)on the commencement, is an application to which section 246 applies.

(2)This section also applies in relation to an application for the renewal of a mining lease for a prescribed mineral that—

(a)was made, but not decided, before the commencement; and

(b)on the commencement, is an application to which section 286AA applies.

(3)Chapter 6, part 1, as in force before the commencement, applies for deciding the application and granting the proposed mining lease, or renewed lease, as if the Mineral and Energy Resources and Other Legislation Amendment Act 2020 had not been enacted.

879Application of amended Act to particular mining leases for prescribed minerals

(1)This section applies to a mining lease for a prescribed mineral that—

(a)on the commencement, is a prescribed mineral mining lease (a transitioning mining lease); or

(b)is a prescribed mineral mining lease granted or renewed before the transitional period ends on an application mentioned in section 878 (also a transitioning mining lease).

(2)Sections 317F and 317G do not apply to the transitioning mining lease until the earlier of the following—

(a)an initial development plan for the lease is approved;

(b)the lease is renewed under section 286A on an application for renewal made after the commencement;

(c)the transitional period ends.

(3)If subsection (2)(c) applies in relation to the transitioning mining lease, the condition in section 317F is complied with for the lease if a proposed initial development plan for the lease—

(a)is lodged; and

(b)complies with the initial development plan requirements for a mining lease for a prescribed mineral; and

(c)is accompanied by the relevant fee.

(4)Subsection (3) applies until—

(a)the proposed initial development plan mentioned in that subsection is approved; or

(b)a decision to refuse to approve the proposed plan, made after the end of the transitional period, takes effect under section 317V.

(5)In this section—

relevant fee, for the lodgement of the proposed initial development plan, means—

(a)

if the proposed plan is lodged within 6 months before the end of the transitional period—the fee prescribed by regulation for section 317H(3), definition relevant fee, paragraph (a)(i); or

(b)if, before the end of the transitional period, a decision to refuse to approve a proposed initial development plan is made and the proposed plan is another proposed initial development plan lodged within the transitional period—nil; or

(c)otherwise—an amount that is 10 times the fee mentioned in paragraph (a).

transitional period means the period of 3 years that starts on the commencement.

880Mining lease granted or renewed after transitional period on existing application

(1)This section applies if, after the end of the transitional period, a mining lease is granted or renewed on an application to which section 878 applies.

(2)The mining lease is taken to—

(a)be a prescribed mineral mining lease under section 317C(1)(b); and

(b)have started to be a prescribed mineral mining lease under section 317C(2), when it is granted or renewed.

(3)In this section—

transitional period means the period of 3 years that starts on the commencement.

881Application for renewal of transitioning mining lease during transitional period

(1)This section applies—

(a)if, during the transitional period, the holder of a transitioning mining lease under section 879 applies for a renewal of the lease under section 286; and

(b)despite sections 286AA and 286A(3A) as in force after the commencement.

(2)The application must include a proposed initial development plan that complies with the initial development plan requirements for the renewed lease.

Note—

See section 317K for the initial development plan requirements.

(3)The Minister may grant the application only if the applicant’s proposed initial development plan for the renewed lease is approved.

(4)In this section—

transitional period means the period of 3 years that starts on the commencement.

882Application of ch 6, pt 1A, div 3 to proposed initial development plan for transitioning mining lease

The Minister must decide whether to approve a proposed initial development plan for a transitioning mining lease and, for that purpose, chapter 6, part 1A, division 3 applies in relation to the proposed plan with necessary changes.

883Conferences with eligible claimants or owners or occupiers started before commencement

(1)This section applies if—

(a)an authorised officer asked parties to attend a conference under section 335G as in force before the commencement; and

(b)immediately before the commencement the conference had not taken place.

(2)The conference must take place under chapter 13, part 2 as in force immediately before the commencement.

(3)The Common Provisions Act, chapter 3, part 8 does not apply in relation to the conference.

884Existing authority to carry out remediation activities or rehabilitation activities

(1)This section applies if, immediately before the commencement, a person was authorised by the chief executive—

(a)under section 344A(1) to carry out remediation activities at land on which an abandoned mine exists; or

(b)under section 344A(3) to carry out rehabilitation activities at land on which a final rehabilitation site exists.

(2)An authorisation mentioned in subsection (1)(a) is taken to have been made under section 344C as in force on the commencement.

(3)An authorisation mentioned in subsection (1)(b) is taken to have been made under section 344D as in force on the commencement.

152Amendment of sch 2 (Dictionary)

(1)Schedule 2, definitions abandoned mine, closing time, conference election notice, development plan, eligible claimant, enter, initial development plan requirements, later development plan requirements, parties, plan period, prescribed criteria, rehabilitation activities, remediation activities and special criteria—
omit.

(2)Schedule 2—
insert—

abandoned mine site, for chapter 13, part 4, see section 344.

affected land, for chapter 13, part 4, see section 344C(2).

arbitration, of a dispute, means arbitration of the dispute under the Common Provisions Act, chapter 5, part 3.

call for mining lease tenders see section 317Z.

closing time—

(a)for a call for EP (coal) tenders or EP (non-coal) tenders—see section 136C(2)(c); or

(b)for a call for mining lease tenders—see section 317Z(2)(b).

current plan period, for a prescribed mineral mining lease, means the plan period for the development plan for the lease.

development plan—

(a)for a prescribed mineral mining lease, see section 317E(1); or

(b)for a coal or oil shale mining lease, see section 318AH(1).

enter, for land—

(a)generally—includes remain on the land; and

(b)for chapter 13, part 4—see also section 344.

information notice means a notice stating—

(a)the reasons for the decision; and

(b)that the holder may appeal against the decision; and

(c)how to appeal.

initial development plan requirements—

(a)for a proposed mining lease for a prescribed mineral—see section 317J; or

(b)for a mining lease for a prescribed mineral—see section 317K; or

(c)for a proposed coal or oil shale mining lease—see section 318DS.

initial plan period, for a new prescribed mineral mining lease, see section 317D(2).

later development plan requirements—

(a)for a prescribed mineral mining lease—see section 317Q; or

(b)for a coal or oil shale mining lease—see section 318ED(4).

lease year, for a mining lease, means each period of 1 year that starts—

(a)on the day the mining lease was granted; and

(b)on each anniversary of that day.

mining lease tender means a tender for a mining lease in response to a call for mining lease tenders.

mining project means a resource project under the Environmental Protection Act—

(a)comprised of activities carried out under 2 or more mining leases; and

(b)for which an environmental authority is in force.

mining safety legislation see the Common Provisions Act, schedule 2.

new prescribed mineral mining lease see section 317D(1).

plan period—

(a)for a development plan for a prescribed mineral mining lease—see section 317E(3); or

(b)for a development plan for a coal or oil shale mining lease—see section 318AH(3).

prescribed criteria—

(a)for the grant of an exploration permit—see section 137; or

(b)for a call for mining lease tenders—see section 317Z(6).

prescribed mineral means a mineral prescribed by regulation to be a prescribed mineral.

prescribed mineral mining lease see section 317C.

prescribed threshold, for a prescribed mineral, means an amount of the mineral prescribed by regulation to be the prescribed threshold for the mineral.

previous mining activities, for chapter 13, part 4, see section 344.

project year, for a mining project, means each period of 1 year that starts on the first day in a calendar year that is an anniversary of the day a mining lease that is part of the mining project was granted.

rehabilitation activities, for chapter 12, part 4A, see section 334ZJE(2).

rehabilitation activity, for chapter 13, part 4, see section 344B.

remediation activity, for chapter 13, part 4, see section 344A.

special criteria—

(a)for a call for EP (coal) tenders or EP (non-coal) tenders—see section 136C(2)(g)(ii); or

(b)for a call for mining lease tenders—see section 317Z(2)(d)(iii).

threshold amount, of a prescribed mineral, means an amount of the mineral that equals or exceeds the prescribed threshold for the mineral.

(3)Schedule 2, definition holder, paragraph (b), after ‘authority’—

or PRCP schedule

(4)Schedule 2, definition tender security, after ‘EP tender’—
insert—

or mining lease tender

153Regulation amended

This part amends the Mineral Resources Regulation 2013.

Note—

See also the amendments in schedule 1.

154Insertion of new s 97A

After section 97—
insert—

97A Prescribed minerals and prescribed thresholds

(1)For schedule 2 of the Act, definition prescribed mineral, each mineral mentioned in schedule 2A is prescribed to be a prescribed mineral.

(2)For schedule 2 of the Act, definition prescribed threshold, the amount mentioned opposite a prescribed mineral in schedule 2A is prescribed to be the prescribed threshold for the mineral.

155Insertion of new sch 2A

After schedule 2—
insert—

Schedule 2A Prescribed minerals and prescribed thresholds

section 97A

Mineral	Threshold amount
Bauxite	500,000t
Clays	50,000t
Copper	1,000t
Diatomite	10,000t
Dimension stone	50,000t
Gold	100kg
Gypsum	50,000t
Lead	5,000t
Limestone	100,000t
Magnesium rich materials	250,000t
Phosphate rock	10,000t
Silica	100,000t
Silver	5,000kg
Tin	100t
Titanium minerals	50,000t
Zinc	5,000t
Zircon	1,000t

156Act amended

This part amends the Mining and Quarrying Safety and Health Act 1999.

Note—

See also the amendments in schedule 1.

157Insertion of new pt 3A

After part 3—
insert—

Part 3A Industrial manslaughter

45ADefinitions for part

(1)In this part—

conduct means an act or omission to perform an act.

employer, for a mine, means a person who employs or otherwise engages a worker in relation to operations at the mine.

executive officer, of a corporation, means a person who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director or the person’s position is given the name of executive officer.

senior officer, of an employer for a mine, means—

(a)if the employer is a corporation—an executive officer of the corporation; or

(b)otherwise—the holder of an executive position (however described) in relation to the employer who makes, or takes part in making, decisions affecting all, or a substantial part, of the employer’s functions.

(2)For this part, a person’s conduct causes death if it substantially contributes to the death.

45BException for the Criminal Code, s 23

The Criminal Code, section 23 does not apply in relation to an offence against this part.

45CIndustrial manslaughter—employer

(1)An employer for a mine commits an offence if—

(a)a worker—

(i)dies in the course of carrying out work at the mine; or

(ii)is injured in the course of carrying out work at the mine and later dies; and

(b)the employer’s conduct causes the death of the worker; and

(c)the employer is negligent about causing the death of the worker by the conduct.

Maximum penalty—

(a)for an individual—20 years imprisonment; or

(b)for a body corporate—100,000 penalty units.

Note—

See section 240 in relation to imputing to a body corporate particular conduct of officers, employees or agents of the body corporate.

(2)An offence against subsection (1) is a crime.

45DIndustrial manslaughter—senior officer

(1)A senior officer of an employer for a mine commits an offence if—

(a)a worker—

(i)dies in the course of carrying out work at the mine; or

(ii)is injured in the course of carrying out work at the mine and later dies; and

(b)the senior officer’s conduct causes the death of the worker; and

(c)the senior officer is negligent about causing the death of the worker by the conduct.

Maximum penalty—20 years imprisonment.

(2)An offence against subsection (1) is a crime.

158Amendment of s 234 (Proceedings for offences)

(1)Section 234(1), after ‘this Act’—
insert—

, other than an offence against part 3A,

(2)Section 234(4)—
insert—

Note—

See, however, section 243 in relation to particular orders for costs.

(3)Section 234—
insert—

(9A)Nothing in this section affects the ability of the director of public prosecutions to bring proceedings for an offence against this Act.

(4)Section 234(10), definition serious offence—
insert—

(aa)an offence against part 3A; or

(5)Section 234(10), definition serious offence, paragraphs (aa) and (b)—
renumber as paragraphs (b) and (c).

159Amendment of s 235B (Procedure if prosecution not brought)

Section 235B(1)(c)—
omit, insert—

(c)the following period has elapsed from when the act or omission happened—

(i)if the act or omission constitutes an offence against part 3A—at least 6 months;

(ii)otherwise—at least 6 months but no more than 12 months.

160Amendment of s 236 (Limitation on time for starting proceedings)

Section 236—
insert—

(2)Subsection (1) does not apply to a proceeding for an offence against part 3A.

161Amendment of s 243 (Costs of investigation)

(1)Section 243, heading—
omit, insert—

243Orders for costs

(2)Section 243, before subsection (1)—
insert—

(1A)This section applies in relation to a proceeding for an offence against this Act.

(1B)An Industrial Magistrates Court may award a represented party for the proceeding costs of the representation.

(1C)Subsection (2) applies despite section 234(4) and the Industrial Relations Act 2016, section 530(6).

(3)Section 243—
insert—

(3)In this section—

represented party, for a proceeding, means a party to the proceeding, or a person ordered or permitted to appear or to be represented by a lawyer, who is represented by a lawyer.

(4)Section 243(1A) to (3)—
renumber as section 243(1) to (6).

161A Amendment of s 254A (Protection from reprisal)

Section 254A(1), penalty, ‘40 penalty units’—
omit, insert—

1,000 penalty units

162Insertion of new pt 20, div 7

Part 20—
insert—

Division 7 Validation provision for Mineral and Energy Resources and Other Legislation Amendment Act 2020

294Validation of particular orders for costs

(1)This section applies to a costs order purportedly made by an Industrial Magistrates Court before the commencement in relation to a proceeding for an offence against this Act.

(2)The making of the costs order is, and is taken to always have been, as valid as it would have been if amended section 243 had been in effect from 16 March 2001.

(3)Anything done under the costs order is, and is taken to always have been, as valid as it would have been if amended section 243 had been in effect from 16 March 2001.

(4)If the repealed Industrial Relations Act 1999 applied to the proceeding, amended section 243 applies as if the reference in section 243(3) to the Industrial Relations Act 2016, section 530(6) were a reference to section 319(3) of the repealed Act.

(5)In this section—

amended section 243 means section 243 as amended by the Mineral and Energy Resources and Other Legislation Amendment Act 2020.

costs order means an order awarding a represented party for a proceeding costs of the representation.

Industrial Magistrates Court includes an Industrial Magistrates Court under the repealed Industrial Relations Act 1999.

represented party, for a proceeding, means a party to the proceeding, or a person ordered or permitted to appear or to be represented by a lawyer, who is represented by a lawyer.

163Amendment of sch 2 (Dictionary)

Schedule 2—
insert—

causes, for part 3A, see section 45A(2).

conduct, for part 3A, see section 45A(1).

employer, for a mine, for part 3A, see section 45A(1).

executive officer, of a corporation, for part 3A, see section 45A(1).

senior officer, of an employer for a mine, for part 3A, see section 45A(1).

164Act amended

This part amends the National Energy Retail Law (Queensland) Act 2014.

Editor’s note—

For a consolidated reprint of the law as it applies in Queensland, see the National Energy Retail Law (Queensland).

165Amendment of schedule (Modification of application of National Energy Retail Law)

Schedule, section 15, inserted section 22A(4), from ‘for the first’ to ‘applies,’—
omit.

166Act amended

This part amends the New South Wales-Queensland Border Rivers Act 1946.

167Insertion of new s 22A

Before section 23—
insert—

22AAuthorisation of department in which Water Act 2000 administered

The department in which the Water Act 2000 is administered is authorised in relation to the State of Queensland to exercise the powers conferred and fulfil the obligations imposed by the agreement on a controlling authority.

168Act amended

This part amends the Petroleum Act 1923.

Note—

See also the amendments in schedule 1.

169Amendment of s 2 (Definitions)

Section 2, definitions conference election notice, eligible claimant and parties—
omit.

170Insertion of new s 40AA

After section 40A—
insert—

40AA Rejection of application if applicant disqualified

(1)The Minister must reject an application for a lease if the Minister decides the applicant is disqualified under the Common Provisions Act, chapter 7 from being granted the lease.

(2)On rejection of the application, the Minister must give the applicant a notice about the decision.

171Amendment of s 53E (Deciding whether to approve proposed plan)

Section 53E—
insert—

(3)The Minister may give the holder of the lease a notice requiring the holder to give the Minister, within the reasonable period stated in the notice, information the Minister reasonably requires to decide whether to approve the proposed plan.

(4)If the holder does not comply with the requirement, the Minister may refuse to approve the proposed plan.

172Insertion of new s 74TA

After section 74T—
insert—

74TA Power to impose or amend condition if changed holder of lease

(1)This section applies if 1 of the following changes happens—

(a)an entity starts or stops controlling the holder of a lease under the Corporations Act, section 50AA;

(b)the holder of a lease starts or stops being a subsidiary of a corporation under the Corporations Act, section 46.

(2)The Minister may consider whether, after the change, the holder of the lease has the financial and technical resources to comply with the conditions of the lease.

(3)If the Minister considers the holder of the lease may not have the financial and technical resources to comply with conditions of the lease, the Minister may impose another condition on, or amend a condition of, the lease.

(4)If the Minister believes a change mentioned in subsection (1) may have happened, the Minister may require the holder of the lease to give the Minister information or a document about whether or not the change has happened.

(5)Before deciding to impose another condition on, or amend a condition of, the lease under subsection (3), the Minister may require the holder of the lease to give the Minister information or a document the Minister requires to make the decision.

(6)A requirement under subsection (4) or (5) must—

(a)be made by notice given to the holder; and

(b)state a period of at least 10 business days within which the holder must comply with the requirement.

(7)Before deciding to impose another condition on, or amend a condition of, the lease under subsection (3), the Minister must give the holder of the lease a notice stating—

(a)the proposed decision; and

(b)the reasons for the proposed decision; and

(c)that the holder may, within 10 business days after the notice is given, make submissions to the Minister about the proposed decision.

(8)The Minister may extend the period mentioned in subsection (6)(b) or (7)(c) by notice given to the holder of the lease.

(9)In deciding whether to impose another condition on, or amend a condition of, the lease under subsection (3), the Minister—

(a)must consider information or a document, if any, given under subsection (6)(b) or (7)(c); and

(b)may consider any other matter the Minister considers relevant.

(10)If the Minister decides to impose another condition on, or amend a condition of, the lease under subsection (3), the Minister must, as soon as practicable after making the decision, give the holder a notice stating the decision and the reasons for the decision.

173Omission of pt 6R (Conferences with eligible claimants or owners and occupiers)

Part 6R—
omit.

174Insertion of new pt 17

After section 207—
insert—

Part 17 Transitional provisions for Mineral and Energy Resources and Other Legislation Amendment Act 2020

208 Power to impose or amend condition if changed holder of lease

The power of the Minister to impose another condition on, or amend a condition of, a lease under section 74TA applies—

(a)whether the lease was granted before or after the commencement; and

(b)only if the change mentioned in section 74TA(1) happens after the commencement.

209Conferences with eligible claimants or owners or occupiers started before commencement

(1)This section applies if—

(a)an authorised officer asked parties to attend a conference under section 103B as in force before the commencement; and

(b)immediately before the commencement the conference had not taken place.

(2)The conference must take place under part 6R as in force immediately before the commencement.

(3)The Common Provisions Act, chapter 3, part 8 does not apply in relation to the conference.

175Act amended

This part amends the Petroleum and Gas (Production and Safety) Act 2004.

Note—

See also the amendments in schedule 1.

176Insertion of new s 37A

After section 37—
insert—

37A Rejection of tender if tenderer disqualified

(1)The Minister must reject a tender for an authority to prospect if the Minister decides the tenderer is disqualified under the Common Provisions Act, chapter 7 from being granted the authority to prospect.

(2)On rejection of the tender, the Minister must give the tenderer a notice about the decision.

177Amendment of s 66 (Part usually required to be relinquished)

Section 66(1), after ‘sections’—
insert—

66A,

178Insertion of new ss 66A and 66B

After section 66—
insert—

66AStandard relinquishment condition deferred while petroleum lease application is undecided

(1)This section applies if—

(a)the holder of an authority to prospect has made an application for a petroleum lease in relation to an identified area; and

(b)at the end of the relinquishment day, the application has not been decided.

(2)Section 66 does not apply to the authority to prospect in relation to the identified area until—

(a)the petroleum lease is granted; or

(b)20 business days after the day the application is withdrawn or refused.

(3)In this section—

identified area means the sub-blocks of land identified in a relinquishment notice as the sub-blocks of land to which an authority to prospect will not apply after a reduction required under section 66(2).

66BSub-blocks that may be counted towards relinquishment

(1)This section applies if, before a relinquishment day, the area of an authority to prospect is reduced under section 101 by the grant of a petroleum lease.

(2)The sub-blocks in the area of the authority to prospect reduced by the grant may be counted as sub-blocks relinquished for the relinquishment condition.

179Amendment of s 67 (Sub-blocks that can not be counted towards relinquishment)

(1)Section 67(1)(b)—
omit.

(2)Section 67(1)(d), ‘petroleum lease or’—
omit.

(3)Section 67(1)(c) to (e)—
renumber as section 67(1)(b) to (d).

180Amendment of s 68 (Adjustments for sub-blocks that can not be counted)

Section 68(3)(a), ‘petroleum lease or’—
omit.

181Insertion of new s 80A

After section 80—
insert—

80A Power to impose or amend condition if changed holder of authority to prospect

(1)This section applies if 1 of the following changes happens—

(a)an entity starts or stops controlling the holder of an authority to prospect under the Corporations Act, section 50AA;

(b)the holder of an authority to prospect starts or stops being a subsidiary of a corporation under the Corporations Act, section 46.

(2)The Minister may consider whether, after the change, the holder of the authority to prospect has the financial and technical resources to comply with the conditions of the authority to prospect.

(3)If the Minister considers the holder of the authority to prospect may not have the financial and technical resources to comply with conditions of the authority to prospect, the Minister may impose another condition on, or amend a condition of, the authority to prospect.

(4)If the Minister believes a change mentioned in subsection (1) may have happened, the Minister may require the holder of the authority to prospect to give the Minister information or a document about whether or not the change has happened.

(5)Before deciding to impose another condition on, or amend a condition of, the authority to prospect under subsection (3), the Minister may require the holder of the authority to prospect to give the Minister information or a document the Minister requires to make the decision.

(6)A requirement under subsection (4) or (5) must—

(a)be made by notice given to the holder; and

(b)state a period of at least 10 business days within which the holder must comply with the requirement.

(7)Before deciding to impose another condition on, or amend a condition of, the authority to prospect under subsection (3), the Minister must give the holder of the authority a notice stating—

(a)the proposed decision; and

(b)the reasons for the proposed decision; and

(c)that the holder may, within 10 business days after the notice is given, make submissions to the Minister about the proposed decision.

(8)The Minister may extend the period mentioned in subsection (6)(b) or (7)(c) by notice given to the holder of the authority to prospect.

(9)In deciding whether to impose another condition on, or amend a condition of, the authority to prospect under subsection (3), the Minister—

(a)must consider information or a document, if any, given under subsection (6)(b) or (7)(c); and

(b)may consider any other matter the Minister considers relevant.

(10)If the Minister decides to impose another condition on, or amend a condition of, the authority to prospect under subsection (3), the Minister must, as soon as practicable after making the decision, give the holder a notice stating the decision and the reasons for the decision.

182Amendment of s 107AD (Term of declaration)

(1)Section 107AD, from ‘in force for 15 years’—
omit, insert—

in force for—

(a)15 years from the making of the latest of the declarations of the potential commercial areas for the authorities to prospect that have been amalgamated; or

(b)the shorter period decided by the Minister when making the declaration and stated in the notice given under section 107AE(1).

(2)Section 107AD—
insert—

(2)The matters that must be considered in deciding the shorter period include—

(a)when any petroleum discovery was made; and

(b)the report and proposed evaluation program mentioned in section 107AB(b) and (c) that accompanied the application for amalgamation or an independent viability assessment for, or that includes, the amalgamated potential commercial area.

183Insertion of new s 118A

After section 118—
insert—

118A Rejection of ATP-related application if applicant disqualified

(1)The Minister must reject an ATP-related application for a petroleum lease if the Minister decides the applicant is disqualified under the Common Provisions Act, chapter 7 from being granted the petroleum lease.

(2)On rejection of the application, the Minister must give the applicant a notice about the decision.

184Insertion of new s 128A

After section 128—
insert—

128A Rejection of tender if tenderer disqualified

(1)The Minister must reject a tender for a petroleum lease if the Minister decides the tenderer is disqualified under the Common Provisions Act, chapter 7 from being granted the petroleum lease.

(2)On rejection of the tender, the Minister must give the tenderer a notice about the decision.

185Amendment of s 147 (Deciding whether to approve proposed plan)

Section 147—
insert—

(5)The Minister may give the holder of the petroleum lease a notice requiring the holder to give the Minister, within the reasonable period stated in the notice, information the Minister reasonably requires to decide whether to approve the proposed plan.

(6)If the holder does not comply with the requirement, the Minister may refuse to approve the proposed plan.

186Insertion of new s 160A

After section 160—
insert—

160A Power to impose or amend condition if changed holder of petroleum lease

(1)This section applies if 1 of the following changes happens—

(a)an entity starts or stops controlling the holder of a petroleum lease under the Corporations Act, section 50AA;

(b)the holder of a petroleum lease starts or stops being a subsidiary of a corporation under the Corporations Act, section 46.

(2)The Minister may consider whether, after the change, the holder of the petroleum lease has the financial and technical resources to comply with the conditions of the petroleum lease.

(3)If the Minister considers the holder of the petroleum lease may not have the financial and technical resources to comply with conditions of the petroleum lease, the Minister may impose another condition on, or amend a condition of, the petroleum lease.

(4)If the Minister believes a change mentioned in subsection (1) may have happened, the Minister may require the holder of the petroleum lease to give the Minister information or a document about whether or not the change has happened.

(5)Before deciding to impose another condition on, or amend a condition of, the petroleum lease under subsection (3), the Minister may require the holder of the petroleum lease to give the Minister information or a document the Minister requires to make the decision.

(6)A requirement under subsection (4) or (5) must—

(a)be made by notice given to the holder; and

(b)state a period of at least 10 business days within which the holder must comply with the requirement.

(7)Before deciding to impose another condition on, or amend a condition of, the petroleum lease under subsection (3), the Minister must give the holder of the lease a notice stating—

(a)the proposed decision; and

(b)the reasons for the proposed decision; and

(c)that the holder may, within 10 business days after the notice is given, make submissions to the Minister about the proposed decision.

(8)The Minister may extend the period mentioned in subsection (6)(b) or (7)(c) by notice given to the holder of the petroleum lease.

(9)In deciding whether to impose another condition on, or amend a condition of, the petroleum lease under subsection (3), the Minister—

(a)must consider information or a document, if any, given under subsection (6)(b) or (7)(c); and

(b)may consider any other matter the Minister considers relevant.

(10)If the Minister decides to impose another condition on, or amend a condition of, the petroleum lease under subsection (3), the Minister must, as soon as practicable after making the decision, give the holder a notice stating the decision and the reasons for the decision.

187Omission of s 170A (Application of subdivision)

Section 170A—
omit.

188Amendment and renumbering of s 170B (Applying to amalgamate)

(1)Section 170B, heading, after ‘amalgamate’—
insert—

petroleum leases

(2)Section 170B, as amended—
renumber as section 170A.

189Insertion of new s 170B

After section 170A, as renumbered by this Act—
insert—

170B Applying to amalgamate 1923 Act leases

(1)A person may apply to the Minister to amalgamate 2 or more 1923 Act leases (each also an individual lease) into a single petroleum lease (also the amalgamated lease).

(2)An application can be made only if—

(a)the holder of each individual lease has also applied under section 908 for a petroleum lease for all or part of the area of the lease; and

(b)all of the holders of the individual leases agree to the proposed amalgamation; and

(c)the holders of the amalgamated lease will be the same as the holders of the individual leases.

(3)Also, a person can not make an application under subsection (1) if any of the holders of individual leases have not complied with a provision of the 1923 Act.

(4)If the application under section 908 is withdrawn, the application for amalgamation is taken to be withdrawn.

(5)If the application under section 908 is rejected, the application for amalgamation is taken to have lapsed.

190Amendment of s 317 (Proposed mining lease declared a coordinated project)

Section 317(2)(c), ‘mining lease application’—
omit, insert—

petroleum lease application

191Amendment of s 379 (Requirement for coordination arrangement to transfer petroleum lease in tenure area of mining lease)

Section 379(2), from ‘are parties’—
omit, insert—

are—

(a)the same entity; or

(b)parties to a coordination arrangement about—

(i)petroleum production under the petroleum lease; and

(ii)coal or oil shale mining and any incidental coal seam gas mining under the mining lease.

192Replacement of s 400 (Restriction if there is an existing geothermal, GHG or mining lease)

Section 400—
omit, insert—

400 Restriction if there is an existing geothermal, GHG or mining lease

(1)This section applies if land in the area of a pipeline licence is also in the area of a geothermal lease, GHG lease or mining lease (each an existing lease) that was granted before the licence.

(2)The pipeline licence holder may carry out an authorised activity for the licence on land within the area of the existing lease only if—

(a)both of the following apply—

(i)the existing lease holder has agreed in writing to the carrying out of the activity;

(ii)the pipeline licence holder has given a copy of the agreement mentioned in subparagraph (i) to the chief executive; or

(b)both of the following apply—

(i)carrying out the activity is consistent with an agreed co-existence plan;

(ii)the pipeline licence holder has given a notice to the chief executive stating the following—

(A)that the plan is in place;

(B)the period for which the plan has effect;

(C)other information prescribed by regulation.

(3)An agreed co-existence plan must—

(a)identify the parties to the plan; and

(b)set out an overview of the activities proposed to be carried out in the area mentioned in subsection (1), including the location of the activities and when they will start; and

(c)set out how the activities mentioned in paragraph (b) will comply with mining safety legislation; and

(d)state how the activities mentioned in paragraph (b) optimise the development and use of the State’s resources; and

(e)state whether any monetary or non-monetary compensation is to be given under the plan; and

(f)state the period for which the plan is to have effect; and

(g)include any other information prescribed by regulation.

(4)The pipeline licence holder may give the existing lease holder a notice (the negotiation notice) that the pipeline licence holder wishes to negotiate a co-existence plan with the existing lease holder.

(5)The negotiation notice is invalid if it does not comply with the prescribed requirements for the notice.

(6)The pipeline licence holder and the existing lease holder must negotiate in good faith and use all reasonable endeavours to agree on a co-existence plan.

(7)If the pipeline licence holder and the existing lease holder can not agree on a co-existence plan within 3 months after the giving of the negotiation notice, the pipeline licence holder may apply for arbitration of the dispute.

(8)Despite subsection (7), the pipeline licence holder and the existing lease holder may jointly apply for arbitration of the dispute at any time.

(9)It is a condition of both the pipeline licence and the existing lease that the holder must comply with each agreed co-existence plan that applies to the holder.

(10)In this section—

agreed co-existence plan means—

(a)if an agreed co-existence plan is agreed on under subsection (6)—the agreed co-existence plan; or

(b)if an agreed co-existence plan is amended by the holders of the pipeline licence and the existing mining lease—the agreed co-existence plan as amended; or

(c)if an agreed co-existence plan is arbitrated as an agreed co-existence plan under the Common Provisions Act, chapter 5, part 3—the agreed co-existence plan as arbitrated.

193Insertion of new s 409B

After section 409A—
insert—

409B Rejection of application if applicant disqualified

(1)The Minister must reject an application for a pipeline licence if the Minister decides the applicant is disqualified under the Common Provisions Act, chapter 7 from being granted the pipeline licence.

(2)On rejection of the application, the Minister must give the applicant a notice about the decision.

194Insertion of new s 424A

After section 424—
insert—

424A Power to impose or amend condition if changed holder of pipeline licence

(1)This section applies if 1 of the following changes happens—

(a)an entity starts or stops controlling the holder of a pipeline licence under the Corporations Act, section 50AA;

(b)the holder of a pipeline licence starts or stops being a subsidiary of a corporation under the Corporations Act, section 46.

(2)The Minister may consider whether, after the change, the holder of the pipeline licence has the financial and technical resources to comply with the conditions of the pipeline licence.

(3)If the Minister considers the holder of the pipeline licence may not have the financial and technical resources to comply with conditions of the pipeline licence, the Minister may impose another condition on, or amend a condition of, the pipeline licence.

(4)If the Minister believes a change mentioned in subsection (1) may have happened, the Minister may require the holder of the pipeline licence to give the Minister information or a document about whether or not the change has happened.

(5)Before deciding to impose another condition on, or amend a condition of, the pipeline licence under subsection (3), the Minister may require the holder of the pipeline licence to give the Minister information or a document the Minister requires to make the decision.

(6)A requirement under subsection (4) or (5) must—

(a)be made by notice given to the holder; and

(b)state a period of at least 10 business days within which the holder must comply with the requirement.

(7)Before deciding to impose another condition on, or amend a condition of, the pipeline licence under subsection (3), the Minister must give the holder of the licence a notice stating—

(a)the proposed decision; and

(b)the reasons for the proposed decision; and

(c)that the holder may, within 10 business days after the notice is given, make submissions to the Minister about the proposed decision.

(8)The Minister may extend the period mentioned in subsection (6)(b) or (7)(c) by notice given to the holder of the pipeline licence.

(9)In deciding whether to impose another condition on, or amend a condition of, the pipeline licence under subsection (3), the Minister—

(a)must consider information or a document, if any, given under subsection (6)(b) or (7)(c); and

(b)may consider any other matter the Minister considers relevant.

(10)If the Minister decides to impose another condition on, or amend a condition of, the pipeline licence under subsection (3), the Minister must, as soon as practicable after making the decision, give the holder a notice stating the decision and the reasons for the decision.

195Replacement of s 440 (Restriction if there is an existing mining lease)

Section 440—
omit, insert—

440 Restriction if there is an existing mining lease

(1)This section applies if land in the area of a petroleum facility licence is also in the area of a mining lease (the existing lease) that was granted before the licence.

(2)The petroleum facility licence holder may carry out an authorised activity for the licence on land within the area of the existing lease only if—

(a)both of the following apply—

(i)the existing lease holder has agreed in writing to the carrying out of the activity;

(ii)the petroleum facility licence holder has given a copy of the agreement mentioned in subparagraph (i) to the chief executive; or

(b)both of the following apply—

(i)carrying out the activity is consistent with an agreed co-existence plan;

(ii)the petroleum facility licence holder has given a notice to the chief executive stating the following—

(A)that the plan is in place;

(B)the period for which the plan has effect;

(C)other information prescribed by regulation.

(3)An agreed co-existence plan must—

(a)identify the parties to the plan; and

(b)set out an overview of the activities proposed to be carried out in the area mentioned in subsection (1), including the location of the activities and when they will start; and

(c)set out how the activities mentioned in paragraph (b) will comply with mining safety legislation; and

(d)state how the activities mentioned in paragraph (b) optimise the development and use of the State’s resources; and

(e)state whether any monetary or non-monetary compensation is to be given under the plan; and

(f)state the period for which the plan is to have effect; and

(g)include any other information prescribed by regulation.

(4)The petroleum facility licence holder may give the existing lease holder a notice (the negotiation notice) that the petroleum facility licence holder wishes to negotiate a co-existence plan with the existing lease holder.

(5)The negotiation notice is invalid if it does not comply with the prescribed requirements for the notice.

(6)The petroleum facility licence holder and the existing lease holder must negotiate in good faith and use all reasonable endeavours to agree on a co-existence plan.

(7)If the petroleum facility licence holder and the existing lease holder can not agree on a co-existence plan within 3 months after the giving of the negotiation notice, the petroleum facility licence holder may apply for arbitration of the dispute.

(8)Despite subsection (7), the petroleum facility licence holder and the existing lease holder may jointly apply for arbitration of the dispute at any time.

(9)It is a condition of both the petroleum facility licence and the existing lease that the holder must comply with each agreed co-existence plan that applies to the holder.

(10)In this section—

agreed co-existence plan means—

(a)if an agreed co-existence plan is agreed on under subsection (6)—the agreed co-existence plan; or

(b)if an agreed co-existence plan is amended by the holders of the petroleum facility licence and the existing mining lease—the agreed co-existence plan as amended; or

(c)if an agreed co-existence plan is arbitrated as an agreed co-existence plan under the Common Provisions Act, chapter 5, part 3—the agreed co-existence plan as arbitrated.

196Insertion of new s 445B

After section 445A—
insert—

445B Rejection of application if applicant disqualified

(1)The Minister must reject an application for a petroleum facility licence if the Minister decides the applicant is disqualified under the Common Provisions Act, chapter 7 from being granted the petroleum facility licence.

(2)On rejection of the application, the Minister must give the applicant a notice about the decision.

197Insertion of new s 455A

After section 455—
insert—

455A Power to impose or amend condition if changed holder of petroleum facility licence

(1)This section applies if 1 of the following changes happens—

(a)an entity starts or stops controlling the holder of a petroleum facility licence under the Corporations Act, section 50AA;

(b)the holder of a petroleum facility licence starts or stops being a subsidiary of a corporation under the Corporations Act, section 46.

(2)The Minister may consider whether, after the change, the holder of the petroleum facility licence has the financial and technical resources to comply with the conditions of the petroleum facility licence.

(3)If the Minister considers the holder of the petroleum facility licence may not have the financial and technical resources to comply with conditions of the petroleum facility licence, the Minister may impose another condition on, or amend a condition of, the petroleum facility licence.

(4)If the Minister believes a change mentioned in subsection (1) may have happened, the Minister may require the holder of the petroleum facility licence to give the Minister information or a document about whether or not the change has happened.

(5)Before deciding to impose another condition on, or amend a condition of, the petroleum facility licence under subsection (3), the Minister may require the holder of the petroleum facility licence to give the Minister information or a document the Minister requires to make the decision.

(6)A requirement under subsection (4) or (5) must—

(a)be made by notice given to the holder; and

(b)state a period of at least 10 business days within which the holder must comply with the requirement.

(7)Before deciding to impose another condition on, or amend a condition of, the petroleum facility licence under subsection (3), the Minister must give the holder of the licence a notice stating—

(a)the proposed decision; and

(b)the reasons for the proposed decision; and

(c)that the holder may, within 10 business days after the notice is given, make submissions to the Minister about the proposed decision.

(8)The Minister may extend the period mentioned in subsection (6)(b) or (7)(c) by notice given to the holder of the petroleum facility licence.

(9)In deciding whether to impose another condition on, or amend a condition of, the petroleum facility licence under subsection (3), the Minister—

(a)must consider information or a document, if any, given under subsection (6)(b) or (7)(c); and

(b)may consider any other matter the Minister considers relevant.

(10)If the Minister decides to impose another condition on, or amend a condition of, the petroleum facility licence under subsection (3), the Minister must, as soon as practicable after making the decision, give the holder a notice stating the decision and the reasons for the decision.

198Amendment of ch 10, hdg (Conferences, investigations and enforcement)

Chapter 10, heading, ‘Conferences, investigations’—
omit, insert—

Investigations

199Omission of ch 10, pt 1AA (Conferences with eligible claimants or owners and occupiers)

Chapter 10, part 1AA—
omit.

200Amendment of s 799B (Definitions for part)

(1)Section 799B, definitions authorised person, primary land and remediation activities—
omit.

(2)Section 799B—
insert—

abandoned site means land—

(a)on which an abandoned operating plant is located; or

(b)within the boundary of a former tenure or authority for an abandoned operating plant.

affected land see section 799D(2).

authorised person means—

(a)for an abandoned site—a person authorised by the chief executive under section 799D(1) to enter the abandoned site; or

(b)for affected land—a person authorised by the chief executive under section 799D(2) to enter the affected land.

remediation activity see section 799CA.

201Insertion of new s 799CA

After section 799C—
insert—

799CA Meaning of remediation activity

(1)Each of the following activities is a remediation activity—

(a)investigating the condition of—

(i)an abandoned site or affected land; or

(ii)an abandoned operating plant; or

(iii)a structure or equipment on an abandoned site or affected land related to the abandoned operating plant;

(b)capping a wellhead on an abandoned site;

(c)drilling a well or water bore on an abandoned site or affected land to monitor or remediate the site, land or an abandoned operating plant;

(d)maintaining an abandoned operating plant to make it safe;

Examples—

monitor, inspect, carry out repairs

(e)decommissioning an abandoned operating plant;

Examples—

degassing a facility, removing part of a facility

(f)removing, modifying or otherwise making safe structures or equipment on an abandoned site or affected land that are related to an abandoned operating plant;

(g)mitigating, managing, treating or cleaning up pollution that is on an abandoned site or affected land because of, directly or indirectly, an abandoned operating plant;

(h)maintaining, managing and monitoring the condition of an abandoned site or affected land, including, for example—

(i)repairing erosion of the site or land, or vegetation on the site or land; or

(ii)preventing further erosion of the site, land or vegetation; or

(iii)revegetating the site or land;

(i)if an abandoned site or affected land is contaminated land under the Environmental Protection Act—conducting work to remediate the site or land;

(j)removing, mitigating or managing a hazard on an abandoned site or affected land because of, directly or indirectly, an abandoned operating plant;

(k)mitigating, managing or monitoring risks to, or adverse impacts on, public health or safety, other property or the environment because of, directly or indirectly, an abandoned operating plant, including, by constructing infrastructure or installing equipment;

(l)another activity on an abandoned site or affected land, or in relation to an abandoned operating plant, prescribed by regulation—

(i)to make the site, land or abandoned operating plant safe;

(ii)to mitigate, manage or monitor risks to, or adverse impacts on, public health or safety, other property or the environment because of, directly or indirectly, an abandoned operating plant.

(2)In this section—

other property, in relation to an abandoned operating plant, means—

(a)land that is not an abandoned site or affected land related to the abandoned operating plant; or

(b)a structure, equipment or other thing, other than a structure or equipment—

(i)related to the abandoned operating plant; or

(ii)on an abandoned site or affected land related to the abandoned operating plant.