Mineral and Energy Resources and Other Legislation Amendment Act 2020 (Qld)

The Parliament of Queensland enacts—

Part 1    Preliminary

1   Short title

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

2   Commencement

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.

Part 2    Amendment of Coal Mining Safety and Health Act 1999

Division 1 Preliminary

3   Act amended

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

Note—

See also the amendments in schedule 1.

Division 2 Amendments relating to statutory office holders

4   Amendment 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).

5   Amendment 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).

6   Amendment 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.

7   Amendment 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.

8   Amendment 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).

9   Amendment 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.

10   Insertion of new pt 20, div 9

Part 20—
insert—

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

319   Deferral 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.

320   Particular 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.

Division 3 Amendments relating to other matters

11   Insertion of new pt 3A

After part 3—
insert—

Part 3A    Industrial manslaughter

48A   Definitions 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.

48B   Exception for the Criminal Code, s 23

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

48C   Industrial 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.

48D   Industrial 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.

12   Amendment 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).

13   Amendment 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.

14   Amendment 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.

15   Amendment of s 264 (Costs of investigation)

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

264   Orders 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).

15A   Amendment of s 275AA (Protection from reprisal)

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

1,000 penalty units

16   Insertion of new s 321

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

321   Validation 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.

17   Amendment 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).

Part 3    Amendment of Energy and Water Ombudsman Act 2006

18   Act amended

This part amends the Energy and Water Ombudsman Act 2006.

19   Amendment 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,

20   Amendment 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.

21   Amendment 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;

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

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

, other than a prescribed energy entity,

23   Amendment 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.

24   Amendment 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.

25   Amendment 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.

26   Amendment 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.

27   Insertion of new s 69A

After section 69—
insert—

69A   User-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.

28   Amendment of schedule (Dictionary)

Schedule—
insert—

prescribed energy entity see section 7(2).

Part 4    Amendment of Explosives Act 1999

29   Act amended

This part amends the Explosives Act 1999.

30   Insertion of new pt 4A

After part 4—
insert—

Part 4A    Industrial manslaughter

54A   Definitions 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.

54B   Exception for the Criminal Code, s 23

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

54C   Industrial 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.

54D   Industrial 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.

31   Amendment 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).

32   Amendment 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.

33   Amendment 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.

34   Amendment 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).

Part 5    Amendment of Geothermal Energy Act 2010

35   Act amended

This part amends the Geothermal Energy Act 2010.

Note—

See also the amendments in schedule 1.

36   Insertion 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.

37   Insertion 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.

38   Insertion 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.

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

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

Enforcement

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

Chapter 7, part 1—
omit.

41   Renumbering of ch 7, pts 2 to 5

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

42   Amendment 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.

43   Insertion 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.

415   Conferences 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.

44   Amendment of sch 2 (Dictionary)

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

Part 6    Amendment of Greenhouse Gas Storage Act 2009

45   Act amended

This part amends the Greenhouse Gas Storage Act 2009.

Note—

See also the amendments in schedule 1.

46   Insertion 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.

47   Insertion 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.

48   Insertion 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.

49   Insertion 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.

50   Insertion 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.

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

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

Investigations

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

Chapter 6, part 1A—
omit.

53   Amendment 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.

54   Insertion 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.

451   Conferences 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.

55   Amendment of sch 2 (Dictionary)

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

Part 7    Amendment of Mineral and Energy Resources (Common Provisions) Act 2014

56   Act amended

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

Note—

See also the amendments in schedule 1.

57   Amendment 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).

58   Amendment 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

59   Amendment of s 16 (What is a dealing)

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

, arrangement or circumstance

60   Replacement of s 17 (Prescribed dealings require registration)

Section 17—
omit, insert—

17   Prescribed 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.

17A   Notifiable 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.

61   Amendment 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).

62   Insertion 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.

19B   Notice 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.

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

Section 20—
omit, insert—

20   Unpaid 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.

64   Amendment 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

65   Amendment, 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.

66   Renumbering of ss 20A and 21

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

67   Amendment 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).

68   Insertion 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).

69   Amendment of s 103 (Definitions for ch 4)

Section 103, definition mining safety legislation—
omit.

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

Chapter 4, part 6, division 2—
omit.

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

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

72   Renumbering of chs 5 to 8

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

73   Insertion 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).

74   Relocation 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.

75   Amendment 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).

76   Amendment 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).

77   Amendment 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.

78   Amendment 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

79   Insertion 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.

80   Insertion of new ch 10, pt 3

Chapter 10—
insert—

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

247   Application 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).

248   Disqualification 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.

81   Amendment 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

Part 8    Amendment of Mineral and Energy Resources (Common Provisions) Regulation 2016

82   Regulation amended

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

Note—

See also the amendments in schedule 1.

83   Amendment 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).

84   Insertion of new s 4A

After section 4—
insert—

4A   Notifiable 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.

85   Amendment 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

86   Amendment 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.

87   Amendment 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.

88   Amendment 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.

89   Amendment 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.

90   Amendment 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.

91   Amendment 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.

92   Insertion 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.

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

Section 53—
omit, insert—

53   Prescribed 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.

94   Insertion of new ch 7

After section 62—
insert—

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

63   Application 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.

64   Particular 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.

95   Amendment 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

Part 9    Amendment of Mineral and Energy Resources (Financial Provisioning) Act 2018

96   Act amended

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

Note—

See also the amendments in schedule 1.

97   Insertion of new s 31A

Before section 32—
insert—

31A   Meaning 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.

98   Amendment 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.

99   Amendment 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.

100   Amendment 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.

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

Section 37—
omit, insert—

37   When 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.

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

Section 42—
omit, insert—

42   Holder 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.

103   Amendment 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).

Part 10    Amendment of Mineral Resources Act 1989

104   Act amended

This part amends the Mineral Resources Act 1989.

Note—

See also the amendments in schedule 1.

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

Section 16(1)—
insert—

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

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

Section 51(1)—
insert—

(f)a call for mining lease tenders.

107   Insertion 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.

108   Amendment 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.

109   Amendment 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).

110   Amendment 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).

111   Insertion 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.

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

Section 136A(4)—
insert—

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

113   Amendment of s 136C (Call for tenders)

Section 136C(5)—
insert—

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

114   Insertion 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.

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

Section 137(4) to (6)—
omit.

116   Insertion 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.

117   Insertion 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—

Section 440 as in force after the commencement applies in relation to a petroleum facility licence whether the petroleum facility licence was granted before or after the commencement.

1016    Conferences 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 734C 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 10, part 1AA as in force immediately before the commencement.

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

1017    Existing authority to carry out remediation activities

(1)This section applies if, immediately before the commencement, a person was authorised by the chief executive under section 799D to carry out remediation activities in relation to an abandoned operating plant.

(2)The authorisation is taken to have been made under section 799D as in force on the commencement.

208   Amendment of sch 2 (Dictionary)

(1)Schedule 2, definitions conference election notice, eligible claimant, parties, primary land, remediation activities and worker—
omit.

(2)Schedule 2—
insert—

abandoned site, for chapter 10, part 3, see section 799B.

affected land, for chapter 10, part 3, see section 799D(2).

causes, for chapter 11, part 1AA, see section 799I(2).

conduct, for chapter 11, part 1AA, see section 799I(1).

employer, for an operating plant or gas work, for chapter 11, part 1AA, see section 799I(1).

mining safety legislation see the Common Provisions Act, schedule 2.

remediation activity—

(a)for chapter 2, part 10, division 5—see section 294B; or

(b)for chapter 10, part 3—see section 799CA.

senior officer, of an employer for an operating plant or gas work, for chapter 11, part 1AA, see section 799I(1).

worker—

(a)in relation to an operating plant or gas work, for chapter 11, part 1AA, see section 799I(1); or

(b)at a place, means a person who is employed or contracted to carry out work at the place, whether or not the work is gas work.

(3)Schedule 2, definition amalgamated lease, after ‘see section’—
insert—

170A(1) or

(4)Schedule 2, definition gas work, after ‘part 6’—
insert—

and chapter 11, part 1AA

(5)Schedule 2, definition individual lease, after ‘see section’—
insert—

170A(1) or

Part 17    Amendment of South-East Queensland Water (Distribution and Retail Restructuring) Act 2009

209   Act amended

This part amends the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009.

210   Amendment of 99BRCF (Power to adopt charges by board decision)

(1)Section 99BRCF(2)(c)—
insert—

(iv)trunk infrastructure related to development for a non-State school under a designation.

(2)Section 99BRCF—
insert—

(4)In this section—

designation see the Planning Act, section 35(1).

non-State school see the Education (Accreditation of Non-State Schools) Act 2017, section 6.

211   Amendment of s 99BT (Keeping particular documents available for inspection and purchase)

(1)Section 99BT(2), ‘and (c)’—
omit, insert—

, (c) and (d)(ii)

(2)Section 99BT—
insert—

(3)The information mentioned in section 99BU(1) must be kept available on the SEQ service provider’s website in a way that—

(a)can be electronically searched by a person for information about a levied charge and the trunk infrastructure to which the charge relates; and

(b)enables a person to download the results of an electronic search; and

(c)states the day the information was last updated.

(3)An SEQ service provider that contravenes this section commits an offence.

Maximum penalty—200 penalty units.

212   Replacement of s 99BU (Requirements for infrastructure charges register)

Section 99BU—
omit, insert—

99BU    Requirements for infrastructure charges register

(1)For section 99BT(1)(d)(ii), the infrastructure charges register must include the following information about each infrastructure charge levied by the distributor-retailer—

(a)the amount of the charge;

(b)whether the charge has been paid in full and, if not, the amount outstanding;

(c)the real property description of the land to which the charge applies;

(d)the suburb or other locality in which the land to which the charge applies is situated;

(e)the charges schedule under which the charge was levied;

(f)the charge rate, stated in the charges schedule, under which the charge was levied;

(g)if an automatic increase provision under chapter 4C, part 7 applies to the charge—that the charge is subject to automatic increase and how the increase is worked out;

(h)if an offset was given in relation to the charge—the amount of the offset;

(i)if a refund was given in relation to the charge—the amount of the refund;

(j)if the charge was levied under a water approval—

(i)the reference number of the approval; and

(ii)the day the approval starts; and

(iii)the day the approval lapses;

(k)if the charge is the subject of an infrastructure agreement—

(i)the name of the agreement; and

(ii)the day the agreement was entered into; and

(iii)the infrastructure to be supplied under the agreement.

(2)The register must also include the following documents about infrastructure charges levied by the distributor-retailer—

(a)a copy of each infrastructure charges notice issued by the distributor-retailer;

(b)for each financial year—a document stating the charges levied in the financial year.

(3)A document under subsection (2)(b) stating charges levied in a financial year must include the following information for the financial year—

(a)the total amount of charges levied;

(b)the total amount of offsets given;

(c)the total amount of refunds given;

(d)the total amount of charges collected;

(e)the total amount of collected charges spent by the distributor-retailer on providing trunk infrastructure;

(f)the total amount of collected charges not spent by the distributor-retailer.

(4)The register must also include the following documents about trunk infrastructure supplied by the distributor-retailer—

(a)for each quarter of each financial year—a document stating the trunk infrastructure supplied by the distributor-retailer in the quarter;

(b)for each financial year—a document stating the trunk infrastructure supplied by the distributor-retailer in the financial year.

(5)A document under subsection (4)(a) stating trunk infrastructure supplied in a quarter must include the following information for the quarter—

(a)a description of the infrastructure;

(b)the suburb or other locality in which the infrastructure is situated;

(c)the cost of supplying the infrastructure;

(d)the trunk infrastructure network with which the infrastructure is associated;

(e)whether the infrastructure is included in the distributor-retailer’s water netserv plan and, if so, the reference number of the plan;

(f)whether the infrastructure was supplied under a water approval and, if so, the reference number of the approval;

(g)whether the infrastructure is the subject of an infrastructure agreement and, if so, the name of the agreement.

(6)The register must also include the following information about infrastructure charges forecast to be collected, and trunk infrastructure forecast to be supplied, by the distributor-retailer—

(a)for each financial year—

(i)an estimate of the infrastructure charges forecast to be collected by the distributor-retailer in the financial year; and

(ii)an estimate of the cost of trunk infrastructure forecast to be supplied by the distributor-retailer in the financial year;

(b)for each period of 3 consecutive financial years—

(i)an estimate of the infrastructure charges forecast to be collected by the distributor-retailer in the period; and

(ii)an estimate of the cost of trunk infrastructure forecast to be supplied by the distributor-retailer in the period.

(7)Information mentioned in subsection (1) about an infrastructure charge must be included in the register as soon as practicable after the end of the quarter in which the charge was levied.

(8)A copy of each infrastructure charges notice mentioned in subsection (2)(a) must be included in the register as soon as practicable after the end of the quarter in which the notice was issued.

(9)A document for a quarter under subsection (4)(a) must be included in the register as soon as practicable after the end of the quarter.

(10)A document for a financial year under subsection (2)(b) or (4)(b) must be included in the register within 5 months after the end of the financial year.

(11)Information mentioned in subsection (6) about a forecast for a financial year, or a period of 3 consecutive financial years, must be included in the register before 1 December of the year before the start of the financial year or period.

(12)A distributor-retailer that contravenes this section commits an offence.

Maximum penalty—200 penalty units.

(13)In this section—

infrastructure charge means an adopted charge levied by a distributor-retailer in relation to trunk infrastructure.

quarter, of a financial year, means a period of 3 months starting on 1 January, 1 April, 1 July or 1 October.

reference number, of a document, means the identifying number allocated by a distributor-retailer to the document.

213   Insertion of new ch 6, pt 13

Chapter 6—
insert—

Part 13    Transitional provision for Mineral and Energy Resources and Other Legislation Amendment Act 2020

153   Obligation of distributor-retailer to include documents and information in infrastructure charges register

An obligation under section 99BU(2)(b), 4(b) or (6) of a distributor-retailer to include in an infrastructure charges register documents or information for a financial year or a period of 3 consecutive financial years applies only to a financial year starting on or after 1 July 2021.

Part 18    Amendment of Water Supply (Safety and Reliability) Act 2008

214   Act amended

This part amends the Water Supply (Safety and Reliability) Act 2008.

215   Amendment of s 41 (Restricting water supply)

(1)Section 41(2)(d), ‘section 22’—
omit, insert—

section 25B

(2)Section 41(2)(d), ‘section 23’—
omit, insert—

section 25F

216   Amendment of s 390 (Minister may declare temporary full supply level)

(1)Section 390(2), note—
omit, insert—

Notes—

1Under the Water Act 2000, section 813(3)(c)(i) and (4)(a), if a declaration is in force for a temporary full supply level for the dam, a reference in the resource operations licence to the full supply level for the dam is taken to be a reference to the temporary full supply level declared for the dam.

2Under the Water Act 2000, section 813(3)(c) and (4)(c), if both a declaration is in force for a temporary full supply level for the dam, and the full supply level of the dam is reduced under chapter 4, part 4 of this Act, a reference in the resource operations licence to the full supply level for the dam is taken to be a reference to the lower of the temporary full supply level and the reduced full supply level under section 399B(2).

(2)Section 390—
insert—

(6A)To remove any doubt, it is declared that, if the Minister declares a temporary full supply level for a dam under subsection (2), the owner of the dam may operate the dam at the temporary full supply level, including, for example, by releasing water from the dam to maintain the temporary full supply level.

(3)Section 390(6A) and (7)—
renumber as section 390(7) and (8).

217   Amendment of s 399B (Dam owner may reduce full supply level in certain circumstances)

(1)Section 399B(2), ‘to a level acceptable to the owner’—
omit.

(2)Section 399B(2), note—
omit, insert—

Notes—

1Under the Water Act 2000, section 813(3)(c)(i) and (4)(b), if the full supply level for the dam is reduced, a reference in the resource operations licence to the full supply level for the dam is taken to be a reference to the reduced full supply level.

2Under the Water Act 2000, section 813(3)(c) and (4)(c), if both a declaration is in force for a temporary full supply level for the dam under chapter 4, part 3 of this Act, and the full supply level of the dam is reduced under this part, a reference in the resource operations licence to the full supply level for the dam is taken to be a reference to the lower of the temporary full supply level under section 390(2) and the reduced full supply level.

(3)Section 399B—
insert—

(4A)To remove any doubt, it is declared that, if a dam owner reduces the full supply level for a dam under subsection (2), the owner may operate the dam at the reduced full supply level, including, for example, by releasing water from the dam to maintain the reduced full supply level.

(4)Section 399B(4A) to (6)—
renumber as section 399B(5) to (7).

Part 19    Minor and consequential amendments

218   Legislation amended

Schedule 1 amends the legislation it mentions.

Schedule 1 Minor and consequential amendments

section 218

Coal Mining Safety and Health Act 1999

1   Section 9(1)(f)(ii), ‘section 344A(3)’—

omit, insert—

section 344D

2   Section 64D, definition arbitration, ‘Common Provisions Act, chapter 4, part 6, division 4’—

omit, insert—

Common Provisions Act, chapter 5, part 3

Geothermal Energy Act 2010

1   Section 351(2)(a)—

omit, insert—

(a)an application is made for a geothermal tenure, or for approval under the Common Provisions Act of a prescribed dealing that is a transfer of a geothermal tenure, for more than 1 proposed holder or transferee; and

2   Schedule 1, entry for Decisions under Common Provisions Act, s 19(3), ‘19(3)’—

omit, insert—

19(2)

3   Schedule 1, entry for Decisions under Common Provisions Act, s 19(3), ‘registration of a dealing’—

omit, insert—

a prescribed dealing

Greenhouse Gas Storage Act 2009

1   Section 370(2)(a)—

omit, insert—

(a)an application is made for a GHG authority, or for approval under the Common Provisions Act of a prescribed dealing that is a transfer of a GHG authority, for more than 1 proposed holder or transferee; and

2   Schedule 1, entry for Decisions under Common Provisions Act, s 19(3), ‘19(3)’—

omit, insert—

19(2)

3   Schedule 1, entry for Decisions under Common Provisions Act, s 19(3), ‘registration of a dealing’—

omit, insert—

a prescribed dealing

Mineral and Energy Resources (Common Provisions) Act 2014

1   Section 23(2)(a) and (4)(a), ‘give approval to register’—

omit, insert—

approve

2   Section 23(3), ‘Chapter 5’—

omit, insert—

Chapter 6

3   Section 23(4)(b) and (7), definition prescribed applicant, ‘to register’—

omit, insert—

of

4   Section 23(5)(a), after ‘transfer of the resource authority’—

insert—

, or a share in the resource authority,

5   Section 23(6), ‘sections 20 and 21’—

omit, insert—

sections 20, 21 and 22

6   Section 23(7), definition prescribed applicant, ‘or (2)’—

omit.

7   Section 24, heading, ‘pt 2’—

omit, insert—

part

8   Sections 33(3), 35(2) and 41(4), ‘Chapter 5’—

omit, insert—

Chapter 6

9   Chapter 3, part 2, division 1, heading, ‘pt 2’—

omit, insert—

part

10   Section 37, heading, ‘pt 2’—

omit, insert—

part

11   Section 38, heading, ‘div 2’—

omit, insert—

division

12   Section 40, heading, ‘under div 2’—

omit.

13   Section 46, heading, ‘div 4’—

omit, insert—

division

14   Section 56, heading, ‘div 1’—

omit, insert—

division

15   Section 61, heading, ‘div 2’—

omit, insert—

division

16   Sections 66 and 67, heading, ‘pt 4’—

omit, insert—

part

17   Sections 73 and 74, heading, ‘pt 5’—

omit, insert—

part

18   Section 80, heading, ‘div 1’—

omit, insert—

division

19   Section 82, heading, ‘div 2’—

omit, insert—

division

20   Section 91A(8)—

omit.

21   Sections 102 and 103, heading, ‘ch 4’—

omit, insert—

chapter

22   Section 103, definition agreed joint development plan, paragraph (c), ‘section 158’—

omit, insert—

section 174C

23   Section 103, definition agreed joint development plan, paragraph (d), ‘part 6, division 4’—

omit, insert—

chapter 5, part 3

24   Section 103, definition arbitration, ‘part 6, division 4’—

omit, insert—

chapter 5, part 3

25   Section 103, definition prescribed arbitration institute—

omit.

26   Section 103, definition replace, ‘division 3’—

omit, insert—

division 2

27   Section 108, heading, ‘div 3’—

omit, insert—

division

28   Section 117(1)(f), ‘divisions 1 and 2’—

omit, insert—

division 1

29   Section 117(1)—

insert—

(g)chapter 5, part 2.

30   Sections 118 and 119, heading, ‘pt 2’—

omit, insert—

part

31   Section 136, heading, ‘div 4’—

omit, insert—

division

32   Sections 139 and 140, heading, ‘pt 3’—

omit, insert—

part

33   Section 151, heading, ‘pt 5’—

omit, insert—

part

34   Section 161, heading, ‘div 3’—

omit, insert—

division

35   Section 175, heading, ‘div 4’—

omit, insert—

part

36   Section 176, heading, ‘div 4’—

omit, insert—

part

37   Section 182(3)(a), ‘part 6, division 2’—

omit, insert—

chapter 5, part 2

38   Sections 186 and 187, heading, ‘pt 1’—

omit, insert—

part

39   Schedule 2, definitions application, authorising provision, deciding authority and invalid application, ‘chapter 5’—

omit, insert—

chapter 6

40   Schedule 2, definition replace, ‘division 3’—

omit, insert—

division 2

Mineral and Energy Resources (Common Provisions) Regulation 2016

1   Sections 10, 11 and 12, heading, ‘Act’—

omit, insert—

Act,

2   Sections 10(1) and 11(1), ‘sections 19(3)’—

omit, insert—

sections 19(2)

3   Section 12(2)(b), ‘section 10(2)(b) to (g)’—

omit, insert—

section 10(2)(b) to (h)

4   Section 36A—

omit.

Mineral and Energy Resources (Financial Provisioning) Act 2018

1   Section 3(d)(i)—

omit, insert—

(i)remediation activities in relation to mining activities previously carried out on an abandoned mine site; and

2   Sections 47(3) and 55(5), ‘section 20A’—

omit, insert—

section 21

3   Sections 47(3) and 55(5), ‘section 20A(2)’—

omit, insert—

section 21(2)

4   Section 63(b), from ‘section 344A(1)’ to ‘mine exists’—

omit, insert—

section 344C, to carry out remediation activities in relation to mining activities previously carried out on an abandoned mine site

5   Section 64(3), ‘a pre-commencement abandoned mine,’—

omit, insert—

mining activities carried out on a pre-commencement abandoned mine site,

6   Section 64(5), definition pre-commencement abandoned mine—

omit, insert—

pre-commencement abandoned mine site means an abandoned mine site in existence before 1 April 2019.

7   Schedule 1, definitions abandoned mine and remediation activities—

omit.

8   Schedule 1—

insert—

abandoned mine site see the Mineral Resources Act 1989, section 344.

remediation activity—

(a)in relation to mining activities previously carried out on an abandoned mine site—see the Mineral Resources Act 1989, section 344A; or

(b)in relation to an abandoned operating plant—see the Petroleum and Gas (Production and Safety) Act 2004, section 799CA.

Mineral Resources Act 1989

1   Section 10A(3), ‘317 and chapter 13, part 2’—

omit, insert—

317,

2   Section 299(9), ‘section 277(11)’—

omit, insert—

section 277(10)

3   Section 318AAZM(1)(b), ‘registration of a dealing’—

omit, insert—

a prescribed dealing

4   Section 318AAZM(1)(b), ‘section 19(3)’—

omit, insert—

section 19(2)

5   Section 318DZ(2)—

omit.

6   Section 318EH(5)—

omit.

7   Section 318EI(2)(c), ‘a notice’—

omit, insert—

an information notice

8   Section 334ZZI(8)—

omit.

9   Section 345(1), ‘under section 344A(3) to enter land’—

omit, insert—

to enter land under section 344D

10   Section 348(1) and (2), ‘section 344A(3)’—

omit, insert—

section 344D

11   Section 363(2)(ha), ‘section 344A(3)’—

omit, insert—

section 344D

12   Section 398(1A), ‘section 344A(3)’—

omit, insert—

section 344D

Mineral Resources Regulation 2013

1   Section 24, definition arbitration, ‘Common Provisions Act, chapter 4, part 6, division 4’—

omit, insert—

Common Provisions Act, chapter 5, part 3

2   Particular references to prescribed mineral

Each of the following provisions is amended by omitting ‘prescribed mineral’ and inserting ‘prescribed mineral (royalty)’—

•section 46(a)

•section 47(1)(a)

•section 50(5), definition relevant mineral, paragraph (f)

•section 54(1)(b)(ii)

•section 58(1) and (2)

•schedule 3, part 1, sections 1 and 2

3   Schedule 3, parts 1 and 2, heading, after ‘prescribed minerals’—

insert—

(royalty)

4   Schedule 6, definition prescribed mineral—

omit, insert—

prescribed mineral (royalty) means any of the following—

(a)cobalt;

(b)copper;

(c)gold;

(d)lead;

(e)nickel;

(f)silver;

(g)zinc.

Mining and Quarrying Safety and Health Act 1999

1   Section 9(1)(g)(ii), ‘section 344A(3)’—

omit, insert—

section 344D

North Stradbroke Island Protection and Sustainability Act 2011

1   Section 14(2), definition NSI mining interest, ‘section 344A’—

omit, insert—

section 344C or 344D

Petroleum Act 1923

1   Section 2, definition 1923 Act petroleum tenure, paragraph (b)(iv)—

omit, insert—

(iv)parts 6O and 6P.

2   Section 25G(2)(d)(ii), from ‘a transfer’—

omit, insert—

a prescribed dealing that was a transfer of a share in the authority and the prescribed dealing has been approved under the Common Provisions Act, section 19;

3   Section 77Z(2), ‘for registration’—

omit.

4   Section 79X(3)(c), ‘that for registration’—

omit, insert—

approved

5   Schedule, entry for Decisions under Common Provisions Act, s 19(3), ‘s 19(3)’—

omit, insert—

s 19(2)

6   Schedule, entry for Decisions under Common Provisions Act, s 19(3), ‘registration of a dealing’—

omit, insert—

a prescribed dealing

Petroleum and Gas (Production and Safety) Act 2004

1   Section 59(4)(a)(i), ‘to register’—

omit, insert—

of

2   Section 238, ‘with approval from the Minister for registration’—

omit, insert—

approved by the Minister

3   Section 379(2), ‘for registration under the Common Provisions Act, section 19’—

omit, insert—

as a prescribed dealing under the Common Provisions Act, section 19, or registered as a notifiable dealing under the Common Provisions Act, section 19B,

4   Schedule 1, entry for Decisions under Common Provisions Act, s 19(3), ‘19(3)’—

omit, insert—

19(2)

5   Schedule 1, entry for Decisions under Common Provisions Act, s 19(3), ‘registration of a dealing’—

omit, insert—

a prescribed dealing

6   Schedule 2, definition arbitration, ‘Common Provisions Act, chapter 4, part 6, division 4’—

omit, insert—

Common Provisions Act, chapter 5, part 3

Planning Regulation 2017

1   Schedule 21, section 1(18), from ‘at land on’—

omit, insert—

on an abandoned mine site under the Mineral Resources Act 1989, section 344C or 344D.

© State of Queensland 2020