North Stradbroke Island Protection and Sustainability Act 2011

An Act to provide for the ending of mining in the North Stradbroke Island Region, and to amend particular other Acts to provide for indigenous joint management of particular land in the region

1Short title

This Act may be cited as the North Stradbroke Island Protection and Sustainability Act 2011 .

2Object of Act

The object of this Act is to manage the duration of mining interests over land in the North Stradbroke Island Region, and end mining in the region by the end of 2035 (but allow for rehabilitation of land in the region to happen up until the end of 2040)—

(a)to protect and restore environmental values of the region; and

(b)to facilitate, under other Acts, the staged creation of areas to be jointly managed by the State and the traditional owners of the region; and

(c)to assist the transition of the economy of the region from reliance on the mining industry to other industries.

s 2 amd 2013 No. 63 s 4

3Act binds all persons

This Act binds all persons including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States.

4Dictionary

The dictionary in schedule 3 defines particular words used in this Act.

5Meaning of North Stradbroke Island Region

(1)The North Stradbroke Island Region is the part of the State shown as ‘Area A’ and ‘Area B’ on the map titled ‘NSI 1’ approved by the chief executive on 18 March 2011 and held by the department.

Editor’s note—

The map titled ‘NSI 1’ may be viewed on the department’s website at <www.dnrm.qld.gov.au>.

(2)The exact location of the boundary of the North Stradbroke Island Region is held in digital electronic form by the department.

(3)The information held in digital electronic form can be reduced or enlarged to show the details of the boundary.

s 5 amd 2013 No. 63 s 5

6No compensation

No amount, whether as compensation, reimbursement or otherwise, is payable by the State to any person for or in connection with the enactment or operation of this part.

7Application of pt 2

This part applies—

(a)in relation to an NSI mining interest, including the granting of an NSI mining interest; and

(b)despite the Mineral Resources Act or any other Act or law.

8Termination of particular NSI mining interests

(1)This section applies to an NSI mining interest if, under the Mineral Resources Act, the term of the mining interest would, apart from this section, and unless ended sooner for any reason, end after 31 December 2019.

(2)This section does not apply to the following mining leases—

(a)1105;

(b)1108;

(c)1109;

(d)1124;

(e)7064.

(3)The term of the NSI mining interest, unless ended sooner for any reason, ends at the end of 31 December 2019, and the mining interest can not at any time be renewed.

(4)The holder of the NSI mining interest may not at any time apply for a renewal of the mining interest under the Mineral Resources Act after the commencement.

9Termination of mining lease 1109 if not renewed

(1)The term of mining lease 1109, unless ended sooner for any reason, ends at the end of 31 December 2015.

(2)The holder of mining lease 1109 may not at any time apply for a renewal of the mining lease under the Mineral Resources Act after the commencement.

Note—

However, see section 11B for mining lease 1109.

s 9 amd 2013 No. 63 s 6 (1)–(3)

10Particular NSI mining interests not to be renewed

(1)An application for renewal of a relevant NSI mining interest made under the Mineral Resources Act but not decided before the commencement—

(a)can not be further dealt with under that Act; and

(b)is taken to have been withdrawn by the applicant on the commencement.

(2)The holder of a relevant NSI mining interest may not apply for a renewal of the mining interest under the Mineral Resources Act after the commencement.

(3)A renewal of a relevant NSI mining interest can not be granted under the Mineral Resources Act.

Note—

However, see section 11B for mining lease 1105.

(4)In this section—

holder, of a relevant NSI mining interest, means the holder of the mining interest under the Mineral Resources Act.

relevant NSI mining interest means an NSI mining interest in force on the commencement other than the following—

(a)an NSI mining interest mentioned in schedule 1, column 1;

(b)an NSI mining interest mentioned in schedule 2, column 1;

(c)a mining interest to which section 8 or 9 applies.

s 10 amd 2013 No. 63 s 7

11Renewal of particular NSI mining leases

(1)On the commencement, each mining lease mentioned in schedule 1, column 1 is taken to have been renewed under the Mineral Resources Act.

(2)The mining lease is renewed—

(a)for the term stated opposite the mining lease in schedule 1, column 2; and

(b)subject to—

(i)each condition stated opposite the mining lease in schedule 1, column 3; and

Note—

However, see section 11A for mining lease 1120.

(ii)any condition to which the mining lease was subject immediately before the renewal.

(3)The renewals have effect as if they were granted by the Governor in Council under the Mineral Resources Act.

(4)If there is an inconsistency between a condition mentioned in subsection (2) (b) (i) and a condition mentioned in subsection (2) (b) (ii), the condition mentioned in subsection (2) (b) (i) prevails to the extent of the inconsistency.

(5)A mining lease mentioned in schedule 1, column 1 can not at any time be renewed after the end of the term stated opposite the mining lease in schedule 1, column 2.

Note—

However, see section 11B for mining leases 1117 and 1120.

(6)The holder of a mining lease mentioned in schedule 1, column 1 may not at any time apply for a renewal of the mining lease under the Mineral Resources Act after the commencement.

(7)This section does not limit the application of any provisions of the Mineral Resources Act to the renewed mining lease including, for example, provisions about cancelling a mining lease or reducing its area.

(8)The renewal of each lease does not create any rights in addition to the rights created in the initial granting of the relevant lease.

s 11 amd 2013 No. 63 s 8

11AMining lease 1120 no longer subject to particular condition for renewal            

(1)On the commencement of this section, mining lease 1120 is no longer subject to the condition stated opposite the mining lease in schedule 1, column 3.

(2) Subsection (1) applies despite section 11 (2) (b) (i) and anything to the contrary in the Mineral Resources Act that applies to the mining lease in relation to that condition.

s 11A ins 2013 No. 63 s 9

11BMining leases 1105, 1109, 1117 and 1120 can be renewed

(1)This section applies to each of the following mining leases—

(a)1105;

(b)1109;

(c)1117;

(d)1120.

(2)The mining lease can, under sections 11C to 11E, be renewed.

(3) Subsection (2) applies—

(a)for mining lease 1105—despite section 10 (2) and (3); and

(b)for mining lease 1109—despite section 9 (2); and

(c)for mining leases 1117 and 1120—despite section 11 (5) and (6); and

(d)despite anything to the contrary in the Mineral Resources Act that applies to the mining lease in relation to that condition.

(4)Also, to remove any doubt, it is declared subsection (2) applies to mining leases 1117 and 1120 despite section 8 (3) and (4).

s 11B ins 2013 No. 63 s 9

11CApplication for renewal of mining leases

(1)The holder of mining lease 1105, 1109, 1117 or 1120 may, within the renewal period, apply to the Minister for renewal of the mining lease.

(2)The application must be—

(a)made in the approved form; and

(b)accompanied by the fee prescribed under a regulation; and

(c)accompanied by a statement about the following matters—

(i)the term for which the mining lease is sought to be renewed;

(ii)for parcels of land the whole or part of which are the subject of the application—

(A)a description of the parcels; and

(B)the current use of the land; and

(C)the name and address of the owner of the land and the name and address of any other land that may be used to access the land.

(3)In this section—

renewal period means the period that is—

(a)at least 6 months, or any shorter period allowed by the Minister, before the current term of the lease expires; and

(b)not more than 1 year before the current term expires.

s 11C ins 2013 No. 63 s 9

11DDecision on application

(1)If the Minister considers that an application under section 11C has been properly made the Minister must renew the relevant mining lease.

(2)The renewed lease is subject to—

(a)the conditions stated in section 11E; and

(b)any conditions prescribed under a regulation; and

(c)any conditions decided by the Minister.

(3)As soon as practicable after renewing the lease, the Minister must give the holder a written notice stating—

(a)when the renewal starts; and

(b)any conditions decided by the Minister to which the renewed lease is subject.

s 11D ins 2013 No. 63 s 9

11EProvisions about particular leases if renewed

(1)The following apply for any renewal of mining lease 1109—

(a)after 31 December 2015, the winning of a mineral from the place where it occurs in the area of the lease is not an authorised activity for the lease;

(b)the mining lease ends at the end of 31 December 2020 and can not be renewed beyond that date.

(2)The following apply for any renewal of mining lease 1105, 1117 or 1120—

(a)the winning of a mineral from the place where it occurs in the area of the lease is an authorised activity for the lease;

(b)if, because of the renewal, the lease ends after 31 December 2035—

(i)after 31 December 2035, the winning of a mineral from the place where it occurs in the area of the lease is not an authorised activity for the lease; and

(ii)the mining lease ends at the end of 31 December 2040 and can not be renewed beyond that date.

(3)In this section—

authorised activity, for a lease, see the Mineral Resources Act, schedule 2.

s 11E ins 2013 No. 63 s 9

11FLimitation of review and appeal

(1)This section applies in relation to a decision of the Minister made under section 11D.

(2)Unless the Supreme Court decides that the decision is affected by jurisdictional error, the decision—

(a)is final and conclusive; and

(b)can not be challenged, appealed against, reviewed, or called in question in any other way, under the Environmental Protection Act or any other Act or law (whether by the Supreme Court, or another court, a tribunal or another entity); and

(c)is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.

s 11F ins 2013 No. 63 s 9

11GContinuation of lease while application being dealt with

(1) Subsection (2) applies, subject to section 11I, if—

(a)a properly made application for renewal of a mining lease under section 11C is not withdrawn or granted before the lease’s expiry day ends; and

(b)after the expiry day, the holder—

(i)continues to pay rental on the lease and other amounts required to be paid under the Mineral Resources Act; and

(ii)otherwise complies with this Act and the lease conditions.

(2)The lease continues in force subject to the rights, entitlements and obligations in effect immediately before the end of the expiry day until the application is withdrawn or granted.

(3)In this section—

expiry day, for a mining lease, means the day the lease expires under its terms.

s 11G ins 2013 No. 63 s 9

11HWhen term of renewed lease starts

(1)If, under section 11D, a mining lease (other than mining lease 1109) is renewed before its expiry day ends, the term of the renewed lease starts on the day after the expiry day.

(2)If the lease is renewed after the expiry day, the term of the renewed lease is taken to have started on the day after the expiry day.

(3)In this section—

expiry day, for a mining lease, means the day the lease expires under its terms.

s 11H ins 2013 No. 63 s 9

11IWhen new conditions of renewed lease start

(1)If a renewed mining lease is subject to conditions (the new conditions) different from, or not included in, the lease conditions applying immediately before its renewal, the new conditions apply from the later of the following—

(a)the start of the term of the renewed lease;

(b)the day the renewal is granted.

(2)However, if the lease is continued in force under section 11G the holder must pay rental on the lease from the day after its expiry day at the rate that would have been payable, from time to time, if the renewed mining lease had been renewed on the day after the expiry day.

(3) Subsection (2) applies even though payment of rental may be a condition of the lease.

s 11I ins 2013 No. 63 s 9

11JApplication of Mineral Resources Act not limited

(1)Subject to section 11E, the renewal of a mining lease under section 11D does not limit the application of any provisions of the Mineral Resources Act to the renewed mining lease, including, for example, provisions about cancelling a mining lease or reducing its area.

(2)To remove any doubt, it is declared that a reference to a mining lease renewed under section 11D is taken to be a reference to a mining lease—

(a)originally granted under the Mineral Resources Act, but renewed under this Act; and

(b)to which the Mineral Resources Act continues to apply under this section.

s 11J ins 2013 No. 63 s 9

12Variation of conditions for particular NSI mining leases

(1)On the commencement, the conditions of each mining lease mentioned in schedule 2, column 1 are varied as follows—

(a)the term of the mining lease is varied to be the term stated opposite the mining lease in schedule 2, column 2;

(b)from the day the mining lease would have expired apart from this section, the conditions of the mining lease are varied to include each condition stated opposite the mining lease in schedule 2, column 3.

(2)The variations of the conditions of the mining leases have effect as if they were made by the Governor in Council under the Mineral Resources Act, section 294.

(3)If there is an inconsistency between a condition mentioned in subsection (1) (b) and a condition to which the mining lease was subject immediately before the variation of the term of the mining lease, the condition mentioned in subsection (1) (b) prevails to the extent of the inconsistency.

(4)A mining lease mentioned in schedule 2, column 1 can not at any time be renewed after the end of the term stated opposite the mining lease in schedule 2, column 2.

(5)The holder of a mining lease mentioned in schedule 2, column 1 may not at any time apply for a renewal of the mining lease under the Mineral Resources Act after the commencement.

(6)This section does not limit the application of any provisions of the Mineral Resources Act to the mining lease as varied by this section including, for example, provisions about cancelling a mining lease or reducing its area.

(7)The variation of the conditions of each lease does not create any rights in addition to the rights created in the initial granting of the relevant lease.

13Dealing with applications for grant of NSI mining interest

(1)An application for the grant under the Mineral Resources Act of an NSI mining interest made but not decided before the commencement—

(a)can not be further dealt with under that Act; and

(b)is taken to have been withdrawn by the applicant on the commencement.

(2)A person can not apply under the Mineral Resources Act, the Petroleum Act 1923 or the Petroleum and Gas (Production and Safety) Act 2004 for a grant of an NSI mining interest after the commencement.

14Prohibition on grant of NSI mining interest

(1)An NSI mining interest can not be granted.

(2) Subsection (1) does not apply to the renewal of a mining lease under section 11D.

s 14 amd 2013 No. 63 s 10

15Purpose of div 3

The purpose of this division is to provide for the replacement and further amendment of a particular environmental authority for mining activities on North Stradbroke Island.

s 15 amd 2013 No. 63 s 11

17Replacement of environmental authority MIN100971509

(1)On the commencement of this section, environmental authority MIN100971509, issued under the Environmental Protection Act, is replaced by the environmental authority shown in schedule 2A (the new authority).

(2)The new authority is taken to be an environmental authority for the Environmental Protection Act.

(3)The replacement does not limit the application of any provisions of the Environmental Protection Act to the new authority.

s 17 sub 2013 No. 63 s 12

22Opening and closing of road on DP104026

(1)Lot 1 on SP228368 is dedicated to be a road for public use under the Land Act 1994 .

(2)The area of land shown as road to be closed on SP228368 is taken to be closed under the Land Act 1994 .

(3)This section applies despite any provision of the Land Act 1994 .

23Approved forms

(1)The chief executive may approve forms for use under this Act.

(2)A form may be approved for use under this Act that is combined with, or is to be used together with, an approved form under another Act.

s 23 prev s 23 om R1 (see RA s 40)

pres s 23 ins 2013 No. 63 s 13

24Regulation-making power

(1)The Governor in Council may make regulations under this Act.

(2)A regulation may be made about the following matters—

(a)the fees to be paid under this Act;

(b)the conditions which may be imposed for the renewal of a mining lease under section 11D.

s 24 prev s 24 om R1 (see RA s 40)

pres s 24 ins 2013 No. 63 s 13

section 11

section 12

section 17

sch 2 ins 2013 No. 63 s 14

section 4

commencement means the day this definition commences.

environmental authority ...

def environmental authority om 2013 No. 63 s 15

Environmental Protection Act means the Environmental Protection Act 1994 .

Mineral Resources Act means the Mineral Resources Act 1989 .

mining interest means any lease, licence, permit or other instrument authorised under—

(a)the Mineral Resources Act; or

(b)the Petroleum Act 1923 ; or

(c)the Petroleum and Gas (Production and Safety) Act 2004 .

mining lease means a mining lease under the Mineral Resources Act.

North Stradbroke Island Region see section 5.

NSI mining interest means a mining interest over land in the North Stradbroke Island Region.