Mining and Other Legislation Amendment Act 2013 (Qld)

Queensland Mining and Other Legislation Amendment Act 2013 Act No. 10 of 2013

Queensland Mining and Other Legislation Amendment Act 2013 Contents Part 1 1 2 Part 2 3 3A 4 Part 3 5 6 7 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Amendment of Environmental Protection Act 1994 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Insertion of new ch 12, pt 4C . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 579D Declaration about commencement of amendment of Act 13 Insertion of new ch 13, pt 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Part 19 Transitional provisions for the Mining and Other Legislation Amendment Act 2013 711 Provision about cancellation of environmental authority 13 712 Provision about financial assurance . . . . . . . . . . . . . . 14 Amendment of Environmental Protection (GreentapeReduction)andOtherLegislationAmendmentAct2012 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Insertion of new s 4AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 4AA Insertion of new ch 1, pt 3, div 2, sdiv 6 . . . . . . . . . . . 16 Subdivision 6 Prescribed conditions 21A Meaning of prescribed condition . . . . . . . . . . . . . . . . 16 Amendment of s 8 (Insertion of new chs 5 and 5A) . . . . . . . . . . . 17 277A Cancellation of particular environmental authority on holder’s request . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 302 Who may apply. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Subdivision 6 Directions about rehabilitation 307A Direction to carry out rehabilitation may be given for small scale mining tenure . . . . . . . . . . . . . . . . . . . . . . 22

Mining and Other Legislation Amendment Act 2013 Contents 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Part 4 22 23 24 25 26 27 28 29 30 31 32 Page 2 Amendment of s 12 (Amendment of s 330 (What is a transitional environmental program)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 13 (Amendment of s 331 (Content of program)) Amendment of s 14 (Amendment of s 332 (Administering authority may require draft program)). . . . . . . . . . . . . . . . . . . . . . Amendment of s 23 (Amendment of s 346 (Effect of compliance with program)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 25 (Amendment of s 358 (When order may be issued)) .................................... Amendment of s 30 (Replacement of s 426 (Environmental authority required for mining activity)) . . . . . . . . . . . . . . . . . . . . . Amendment of s 35 (Replacement of s 435A (Offence to contravene standard environmental conditions)) . . . . . . . . . . . . . Amendment of s 36 (Amendment of s 452 (Entry of place—general)) ................................ Amendment of s 37 (Amendment of s 458 (Order to enter land to conduct investigation or conduct work)) . . . . . . . . . . . . . . . . . . Amendment of s 38 (Amendment of s 493A (When environmental harm or related acts are unlawful)) . . . . . . . . . . . . Amendment of s 60 (Insertion of new ch 13, pt 18) . . . . . . . . . . . Amendment of s 61 (Amendment of sch 2 (Original decisions)) . Amendment of s 62 (Amendment of sch 4 (Dictionary)) . . . . . . . Amendment of schedule (Amendment of other Acts). . . . . . . . . . Amendment of FossickingAct1994 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 8 (Meaning of expressions used in this and other Acts) .................................... Omission of s 11 (Act’s application if approved determination of native title) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 22 (Suspension and cancellation of licences—procedures) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 23 (Return of licence) . . . . . . . . . . . . . . . . . . . . Amendment of s 27 (Licensee must get permission to fossick on occupied land etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 28 (General permissions) . . . . . . . . . . . . . . . . . Amendment of s 33 (Records of land mentioned in general permission to be kept) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 53 (Management plans) . . . . . . . . . . . . . . . . . . Amendment of s 56 (Living on designated fossicking land and fossicking areas). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 22 23 23 23 23 23 24 24 24 24 25 25 28 29 29 30 30 30 31 31 31 32 32 32 2013 Act No. 10

33 34 35 36 37 38 39 Part 5 40 41 42 Part 6 43 44 Part 7 Division 1 45 Division 2 46 47 48 49 50 Mining and Other Legislation Amendment Act 2013 Contents Amendment of s 99 (Appeals to Land Court) . . . . . . . . . . . . . . . . Amendment of s 100 (Starting appeal) . . . . . . . . . . . . . . . . . . . . Amendment of s 102 (Hearing procedures) . . . . . . . . . . . . . . . . . Amendment of s 103 (Powers of Land Court on appeal) . . . . . . . Amendment of s 106 (Protection against liability) . . . . . . . . . . . . Amendment of pt 9, hdg (Repeal and transitional provisions) . . . Insertion of new pt 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 10 Transitional provisions for Mining and Other Legislation Amendment Act 2013 121 Definitions for pt 10. . . . . . . . . . . . . . . . . . . . . . . . . . . 122 Continuing effect of general permissions . . . . . . . . . . 123 Continuing effect of permissions under s 56 . . . . . . . 124 Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of GeothermalEnergyAct2010 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 385 (Regulation-making power) . . . . . . . . . . . . Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of GreenhouseGasStorageAct2009 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of MineralResourcesAct1989 Preliminary Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendments commencing on assent Amendment of s 10AA (Joint holders of mining tenement) . . . . . Insertion of new pt 5, div 1, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new pt 5, div 2, hdg and s 130A . . . . . . . . . . . . . . . . Division 2 Obtaining exploration permit for a mineral other than coal 130A Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 131 (Who may apply) . . . . . . . . . . . . . . . . . . . . Insertion of new ss 136 and 136A, pt 5, div 3 and pt 5, div 4, hdg 136 Grant of exploration permit on application . . . . . . . . . 136A Obtaining exploration permit by competitive tender . . Division 3 Obtaining exploration permit for coal Subdivision 1 Preliminary 32 32 33 33 33 33 34 34 34 34 35 35 35 36 36 36 37 37 37 38 38 38 38 38 39 2013 Act No. 10 Page 3

Mining and Other Legislation Amendment Act 2013 Contents 136B Application and operation of div 3 . . . . . . . . . . . . . . . Subdivision 2 Competitive tenders 136C Call for tenders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136D Right to tender . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136E Requirements for making tender . . . . . . . . . . . . . . . . 136F Right to terminate call for tenders . . . . . . . . . . . . . . . 136G Amendment of tender. . . . . . . . . . . . . . . . . . . . . . . . . 136H Withdrawal of tender. . . . . . . . . . . . . . . . . . . . . . . . . . Subdivision 3 Deciding tenders 136I Process for deciding tenders . . . . . . . . . . . . . . . . . . . 136J Provisions for preferred tenderers . . . . . . . . . . . . . . . 136K Deciding whether to grant exploration permit . . . . . . . 136L Notice to unsuccessful tenderers . . . . . . . . . . . . . . . . Subdivision 4 Obtaining exploration permit following surrender 136M Application for exploration permit for surrendered exploration permits . . . . . . . . . . . . . . . . . . . . . . . . . . . 136N Grant of exploration permit for surrendered exploration permits . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 Replacement of s 137 (Grant of exploration permit). . . . . . . . . . . 137 Prescribed criteria for grant of exploration permit. . . . 52 Amendment of s 138 (Rental payable on exploration permit). . . . 53 Amendment of s 141C (Application to vary conditions of existing permit) ....................................... 54 Amendment of s 146 (Initial term of exploration permit). . . . . . . . 55 Relocation and renumbering of s 159 (Abandonment of application for exploration permit) . . . . . . . . . . . . . . . . . . . . . . . . 56 Amendment of s 231A (Application of pts 6 and 6A) . . . . . . . . . . 57 Amendment of s 231B (Only eligible person can apply for and hold mineral development licence (180)) . . . . . . . . . . . . . . . . . . . 58 Amendment of s 231G (Conditions of mineral development licence (194)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 Amendment of s 231H (Renewal of licence (197A)) . . . . . . . . . . 60 Amendment of s 231I (Requirements for assigning or mortgaging mineral development licences (198)). . . . . . . . . . . . . 61 Amendment of s 231J (Contravention by holder of mineral development licence (209)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 Amendment of s 318AAA (Application of pts 7 and 7AAA) . . . . . 40 41 42 42 43 43 44 44 45 46 46 47 47 48 48 50 50 51 51 51 51 52 52 52 52 53 Page 4 2013 Act No. 10

Mining and Other Legislation Amendment Act 2013 Contents 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 Division 3 79 80 81 82 83 Amendment of s 318AAB (Only eligible person can apply for and hold mining lease (233)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 318AAD (Application for grant of mining lease (245)) ....................................... Amendment of s 318AAH (General conditions of mining lease (276)) ....................................... Amendment of s 318AAJ (Renewal of lease (286A)) . . . . . . . . . . Amendment of s 318AAK (Requirements for assigning, mortgaging or subleasing mining leases (300)) . . . . . . . . . . . . . . Amendment of s 318AAL (Contravention by holder of mining lease (308)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 318AAM (Limitation on surrender of mining lease (309)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 386J (Request to applicant about application) . Amendment of s 386L (Notice to progress relevant applications) Amendment of s 386M (Particular criteria generally not exhaustive) ................................... Amendment of s 386N (Particular grounds for refusal generally not exhaustive) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 386P (Requirements for making application) . . Amendment of s 387 (Registers to be maintained) . . . . . . . . . . . Amendment of s 390 (Priority of competing applications) . . . . . . Insertion of new pt 19, div 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 19 Transitional provisions for Mining and Other Legislation Amendment Act 2013 Subdivision 1 Provisions for amendments commencing on assent 806 Definition for sdiv 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . 807 Existing applications for exploration permits for minerals other than coal . . . . . . . . . . . . . . . . . . . . . . . 808 Existing applications for exploration permits for coal . Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendments commencing by proclamation Amendment of s 4B (Notice to local government and chief executive (planning) of particular mining tenements) . . . . . . . . . . Amendment of s 48 (Land in area of mining claim) . . . . . . . . . . . Amendment of s 50 (Entitlements under mining claim) . . . . . . . . Amendment of s 51 (Land for which mining claim not to be granted) ..................................... Amendment of s 53 (Area and shape of mining claim land). . . . . 53 54 54 54 54 55 55 55 55 55 56 56 56 56 57 57 57 57 58 60 60 60 62 62 2013 Act No. 10 Page 5

Mining and Other Legislation Amendment Act 2013 Contents 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 Page 6 Amendment of s 55 (Restriction upon number of mining claims) . Amendment of s 56 (Marking out land before application for grant of mining claim) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 58 (Consent of mining registrar required to certain marking out of land) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 59 (Time for application for grant of mining claim) ........................................ Amendment of s 61 (Application for grant of mining claim) . . . . . Replacement of s 64 (Certificate of application etc.) . . . . . . . . . . 64 Issue of mining claim application certificate . . . . . . . . Omission of s 64A (Issue of certificate of public notice). . . . . . . . Replacement of s 64B (Applicant’s obligations for certificate of public notice) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64B Applicant’s obligations for mining claim application certificate .......................... Amendment of s 64C (Declaration of compliance with obligations) .................................. Amendment of s 64D (Continuing obligation to notify) . . . . . . . . . Amendment of s 71 (Objection to application for grant of mining claim) ...................................... Amendment of s 74 (Grant of mining claim to which no objection is lodged) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 81 (Conditions of mining claim) . . . . . . . . . . . . . Amendment of s 82 (Variation of conditions of mining claim). . . . Amendment of s 83 (Provision of security). . . . . . . . . . . . . . . . . . Replacement of s 88 (Issue of certificate of grant of mining claim) ........................................ 88 Issue of certificate of grant for mining claim . . . . . . . . Amendment of s 90 (Duty of holder of mining claim to mark boundary posts) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 93 (Renewal of mining claim) . . . . . . . . . . . . . . Amendment of s 107 (Surrender of mining claim) . . . . . . . . . . . . Amendment of s 108 (Abandonment of application for mining claim) ....................................... Amendment of s 110 (Use of machinery in mining claim area) . . Amendment of s 123 (Property remaining on former mining claim may be sold etc.). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 124 (Approval for prospecting on reserve subject of mining claim application) . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 125 (Variation of access to mining claim area) . 64 64 64 65 65 66 66 67 67 67 68 68 69 69 69 71 71 72 72 72 72 73 73 74 74 74 75 2013 Act No. 10

Mining and Other Legislation Amendment Act 2013 Contents 108 Amendment of s 129 (Entitlements under exploration permit) . . . 75 109 Amendment of s 141 (Conditions of exploration permit) . . . . . . . 75 110 Amendment of s 148 (Rights and obligations upon application for mining lease or mineral development licence) . . . . . . . . . . . . 76 111 Amendment of s 161 (Surrender of exploration permit) . . . . . . . . 76 112 Amendment of s 166 (Improvement restoration for exploration permit) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 113 Amendment of s 176 (Discovery of minerals to be reported) . . . . 77 114 Amendment of s 177 (Reduction of area of exploration permit upon grant of mineral development licence or mining lease) . . . . 77 115 Amendment of s 317 (Variation of access to mining lease area) . 77 116 Amendment of s 318AAV (Indicative approval) . . . . . . . . . . . . . . 78 117 Amendment of s 318AAW (Applying for approval of assessable transfer) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 118 Amendment of s 318AAX (Deciding application) . . . . . . . . . . . . . 78 119 Amendment of s 334ZA (Addition of wild river area to mining tenement) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 120 Amendment of s 335D (Right of internal review and appeal against compliance direction). . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 121 Replacement of ch 13, pt 3, hdg (Mining registrars and other officers) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 122 Amendment of s 336 (Appointment of mining registrars and other officers) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 123 Replacement of ss 337–341. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 337 Appointment conditions and limit on powers . . . . . . . 80 338 When office ends . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 339 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 340 Issue of identity card . . . . . . . . . . . . . . . . . . . . . . . . . 81 341 Production or display of identity card . . . . . . . . . . . . . 82 341A Return of identity card . . . . . . . . . . . . . . . . . . . . . . . . 82 124 Amendment of s 342 (Powers of mining registrars and others) . . 82 125 Amendment of s 343 (Seizure of minerals produced by or vehicles, machinery etc. used in unauthorised mining) . . . . . . . . 84 126 Omission of ch 13, pt 4 (Chief executive) . . . . . . . . . . . . . . . . . . . 85 127 Renumbering of ch 13, pts 5 and 6 . . . . . . . . . . . . . . . . . . . . . . . 85 128 Amendment of s 386J (Request to applicant about application) . 85 129 Amendment of s 386K (Refusing application for failure to comply with request) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 130 Amendment of s 386L (Notice to progress relevant applications) 86 2013 Act No. 10 Page 7

Mining and Other Legislation Amendment Act 2013 Contents 131 132 133 134 135 136 137 138 139 140 141 142 143 Part 8 144 145 146 147 148 Amendment of s 386O (Place or way for making applications, giving, filing, forwarding or lodging documents or making submissions) .................................... Amendment of s 386P (Requirements for making application) . . Insertion of new s 391C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 391C Small scale mining code. . . . . . . . . . . . . . . . . . . . . . . Amendment of s 404B (Interference with particular things) . . . . . Amendment of s 404C (Information requirements for holders of mining tenements) ............................... Amendment of s 404D (False or misleading document) . . . . . . . Amendment of s 406 (Land Court may review direction or requirement) ................................. Amendment of s 409 (Removal orders) . . . . . . . . . . . . . . . . . . . . Amendment of s 417 (Regulation-making power) . . . . . . . . . . . . Insertion of new ch 15, pt 6, div 2. . . . . . . . . . . . . . . . . . . . . . . . . Division 2 Provisions for amendments commencing by proclamation 809 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . 810 Application of former ss 61, 64 to 64D and 83 . . . . . . 811 Provision about condition for work program . . . . . . . . 812 Application of s 93 to renewal of mining claim . . . . . . 813 Persons taken to be authorised officers . . . . . . . . . . . 814 References to repealed terms in former provisions and other documents . . . . . . . . . . . . . . . . . . . . . . . . . 815 Other references to repealed terms . . . . . . . . . . . . . . 816 Conversion of mining lease to mining claim . . . . . . . . Amendment of sch 1 (Access and compensation provisions for exploration permits and mineral development licences). . . . . . . . Amendment of sch 1A (Native title provisions). . . . . . . . . . . . . . . Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Mines Legislation (Streamlining)AmendmentAct2012 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 132 (Replacement of ch 6, pt 11 (Dealings)) . . Amendment of s 143 (Amendment of sch 2 (Dictionary)) . . . . . . Amendment of s 146 (Replacement of ch 5, pt 14 (Dealings)) . . Amendment of s 163 (Amendment of s 91 (Initial term of mining claim)) ...................................... 86 86 87 87 88 88 88 88 89 89 90 90 90 91 91 91 92 93 93 96 96 97 99 99 99 100 100 Page 8 2013 Act No. 10

Mining and Other Legislation Amendment Act 2013 Contents 149 150 151 152 153 154 155 156 157 158 159 Part 9 160 161 Part 10 Division 1 162 Division 2 163 164 165 166 167 168 169 170 171 Amendment of s 164 (Amendment of s 93 (Renewal of mining claim)) ....................................... Amendment of 208 (Amendment of s 299 (Consolidation of mining leases)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 216 (Insertion of new pts 7AAAB–7AAAE)) . . . Amendment of s 228 (Replacement of ss 387 and 387A) . . . . . . Amendment of s 243 (Insertion of new pt 19, div 17). . . . . . . . . . Amendment of s 256 (Replacement of pt 6N (Dealings)). . . . . . . Amendment of s 273 (Replacement of ch 5, pt 10 (Dealings)) . . Replacement of s 290 (Replacement of pt 5, hdg (Exploration permits)) .................................. 290 Replacement of particular headings in pt 5 . . . . . . . . Insertion of new ss 321A and 321B . . . . . . . . . . . . . . . . . . . . . . . 321A Replacement of pt 19, div 18, hdg (Transitional provision for FiscalRepairAmendmentAct2012) . . . 321B Replacement of pt 19, div 19, hdg and pt 19, div 19, sdiv 1 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 2 (Consequential amendments commencing by proclamation other than amendments for the restructure of the Mineral Resources Act 1989) . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 3 (Consequential amendments for the restructure of the Mineral Resources Act 1989). . . . . . . . . . . . . . Amendment of PetroleumAct1923 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 2 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Petroleum and Gas (Production and Safety)Act2004 Preliminary Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendments commencing on assent Amendment of s 35 (Call for tenders). . . . . . . . . . . . . . . . . . . . . . Amendment of s 37 (Requirements for making tender) . . . . . . . . Amendment of s 38 (Right to terminate call for tenders) . . . . . . . Amendment of s 39 (Process for deciding tenders) . . . . . . . . . . . Amendment of s 40 (Provisions for preferred tenderers) . . . . . . . Amendment of s 44 (Notice to unsuccessful tenderers). . . . . . . . Amendment of s 127 (Call for tenders). . . . . . . . . . . . . . . . . . . . . Amendment of s 128 (Right to tender) . . . . . . . . . . . . . . . . . . . . . Amendment of s 129 (Right to terminate call for tenders) . . . . . . 100 100 101 102 102 102 103 103 103 104 104 104 105 106 107 107 108 108 108 109 109 109 110 110 110 111 2013 Act No. 10 Page 9

Mining and Other Legislation Amendment Act 2013 Contents 172 173 174 175 176 177 178 Division 3 179 180 181 182 183 184 185 186 187 188 189 Part 11 190 191 192 Part 12 193 Schedule 1 Page 10 Amendment of s 130 (Process for deciding tenders) . . . . . . . . . . 111 Amendment of s 131 (Provisions for preferred tenderers) . . . . . . 111 Amendment of s 135 (Notice to unsuccessful tenderers). . . . . . . 112 Amendment of s 802 (Restriction on pipeline construction or operation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112 Amendment of s 845 (Withdrawal of application) . . . . . . . . . . . . . 113 Insertion of new ch 15, pt 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113 Part 15 Transitional provision for Mining and Other Legislation Amendment Act 2013 976 Existing competitive tenders. . . . . . . . . . . . . . . . . . . . 113 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 114 Amendments commencing by proclamation Amendment of s 403 (Incidental activities). . . . . . . . . . . . . . . . . . 114 Amendment of s 409 (Requirements for making application). . . . 115 Amendment of s 412 (Provisions of licence) . . . . . . . . . . . . . . . . 115 Amendment of s 415 (Criteria for decisions) . . . . . . . . . . . . . . . . 116 Amendment of s 426 (Public road authority’s obligations in aligning pipeline on road) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 Amendment of s 427 (Requirement to consult if construction affects existing pipeline) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117 Amendment of s 428 (Costs of pipeline works caused by public road construction). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117 Amendment of s 431 (Power to give works directions). . . . . . . . . 118 Amendment of s 474 (Amendment applications that may be made) 118 Amendment of s 669 (Making safety requirement). . . . . . . . . . . . 118 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 118 Amendment of WildRiversAct2005 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119 Amendment of s 45 (Exemption of projects from application of this Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119 Amendment of s 46 (Meaning of Aurukun project) . . . . . . . . . . . . 119 Minor and consequential amendments of Acts Acts amended in sch 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120 Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121 EnvironmentalProtectionAct1994 . . . . . . . . . . . . . . . . . . . . . . . 121 MineralResourcesAct1989 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121 PenaltiesandSentencesAct1992. . . . . . . . . . . . . . . . . . . . . . . . 145 PublicTrusteeAct1978 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145 2013 Act No. 10

Queensland Mining and Other Legislation Amendment Act 2013 Act No. 10 of 2013 An Act to amend the Environmental Protection Act 1994, the EnvironmentalProtection (Greentape Reduction) and Other Legislation Amendment Act2012, the Fossicking Act 1994, the Geothermal Energy Act 2010, the Greenhouse Gas Storage Act 2009, the Mineral Resources Act 1989, the Mines Legislation (Streamlining) Amendment Act 2012, the Petroleum Act1923, the Petroleum and Gas (Production and Safety) Act 2004 and the WildRivers Act 2005 for particular purposes [Assented to 22 March 2013]

Mining and Other Legislation Amendment Act 2013 Part 1 Preliminary [s 1] The Parliament of Queensland enacts— Part 1 Preliminary 1 Short title This Act may be cited as the Mining and Other Legislation Amendment Act 2013 . 2 Commencement The following provisions of this Act commence on a day to be fixed by proclamation— (a) part 2; (b) part 4, other than sections 22, 25 and 28; (c) part 7, division 3; (d) part 10, division 3; (e) part 12; (f) schedule 1. Part 2 Amendment of Environmental Protection Act 1994 3 Act amended This part amends the Environmental Protection Act 1994 . Note — See also the amendments in schedule 1. Page 12 2013 Act No. 10

Mining and Other Legislation Amendment Act 2013 Part 2 Amendment of Environmental Protection Act 1994 [s 3A] 3A Insertion of new ch 12, pt 4C Chapter 12— insert— ‘Part 4C Declaration ‘579D Declaration about commencement of amendment of Act ‘(1) The Mines Legislation (Streamlining) Amendment Act 2012 , section 127 is taken to have commenced immediately after the commencement of the EnvironmentalProtection(GreentapeReduction)andOtherLegislationAmendmentAct2012 , section 8. Note — The Mines Legislation (Streamlining) Amendment Act 2012 , section 127 inserts new section 309A (Particular requirement for annual return for existing petroleum tenure under P&G Act). ‘(2) Subsection (1) has effect despite the proclamation made by the Governor on 6 December 2012, SL No. 225. ‘(3) This part expires the day after it commences.’. 4 Insertion of new ch 13, pt 19 Chapter 13— insert— ‘Part 19 Transitional provisions for the Mining and Other Legislation Amendment Act 2013 ‘711 Provision about cancellation of environmental authority ‘(1) This section applies if, on the cancellation of an environmental authority under section 277A, there is no prescribed condition requiring the holder of the mining tenure for carrying out the small scale activity to which the authority relates— 2013 Act No. 10 Page 13

Mining and Other Legislation Amendment Act 2013 Part 2 Amendment of Environmental Protection Act 1994 [s 4] (a) to give the administering authority financial assurance; or (b) to rehabilitate land. ‘(2) On the cancellation of the environmental authority, a current condition of the authority is taken to be a prescribed condition for carrying out the small scale mining activity. ‘(3) Subsection (2) applies in relation to the carrying out of the small scale mining activity until a regulation under section 21A prescribes a condition requiring the holder of the mining tenure for carrying out the small scale mining activity— (a) to give the administering authority financial assurance; or (b) to rehabilitate land. ‘(4) In this section— current condition , of an environmental authority, means a condition of the authority requiring the holder of the authority— (a) to give the administering authority financial assurance; or (b) to rehabilitate land. ‘712 Provision about financial assurance ‘(1) This section applies to financial assurance for an environmental authority ( EA financial assurance ) if— (a) the financial assurance is held by the administering authority immediately before the commencement of the section; and (b) the activity carried out under the environmental authority is a small scale mining activity; and (c) the chief executive cancels the environmental authority under section 277A; and (d) a prescribed condition requires the holder of a mining tenure for carrying out the small scale mining activity to Page 14 2013 Act No. 10

Mining and Other Legislation Amendment Act 2013 Part 3 Amendment of Environmental Protection (Greentape Reduction) and OtherLegislation Amendment Act 2012 [s 5] give the administering authority financial assurance for the tenure. ‘(2) If the amount of the EA financial assurance is equal to the amount required under the prescribed condition (the required amount ), the amount of the EA financial assurance is taken to be the financial assurance for the mining tenure. ‘(3) If the amount of the EA financial assurance is more than the required amount— (a) the amount of the EA financial assurance that is equal to the required amount is taken to be the financial assurance for the mining tenure; and (b) the administering authority must return to the holder the amount that is more than the required amount. ‘(4) If the amount of the EA financial assurance is less than the required amount— (a) the amount of the EA financial assurance is taken to be part of the financial assurance for the mining tenure; and (b) the holder must, to comply with the prescribed condition, give the administering authority the amount that is the difference between the required amount and the EA financial assurance.’. Part 3 Amendment of Environmental Protection (Greentape Reduction) and Other Legislation Amendment Act 2012 5 Act amended This part amends the EnvironmentalProtection(GreentapeReduction) and Other Legislation Amendment Act 2012 . 2013 Act No. 10 Page 15

Mining and Other Legislation Amendment Act 2013 Part 3 Amendment of Environmental Protection (Greentape Reduction) and OtherLegislation Amendment Act 2012 [s 6] 6 Insertion of new s 4AA After section 4— insert— ‘4AA Insertion of new ch 1, pt 3, div 2, sdiv 6 ‘Chapter 1, part 3, division 2— insert— ‘Subdivision 6 Prescribed conditions ‘21A Meaning of prescribed condition ‘(1) A prescribed condition , for a small scale mining activity, is a condition prescribed under a regulation for the carrying out of the activity. Example of a prescribed condition — a condition about rehabilitating land ‘(2) Without limiting subsection (1), a prescribed condition may require the holder of a mining tenure for carrying out a small scale mining activity (a small scale mining tenure ) to give the administering authority financial assurance of an amount prescribed under a regulation— (a) before the relevant activity is carried out under the mining tenure; and (b) as security for— (i) compliance with other prescribed conditions for carrying out the small scale mining activity; and (ii) costs or expenses, or likely costs or expenses, mentioned in section 298. ‘(3) However, the Minister may recommend to the Governor in Council a regulation imposing a prescribed condition requiring a financial assurance to be given only if the Minister is satisfied the condition is justified having regard to the matters mentioned in section 292(2).’.’. Page 16 2013 Act No. 10

Mining and Other Legislation Amendment Act 2013 Part 3 Amendment of Environmental Protection (Greentape Reduction) and OtherLegislation Amendment Act 2012 [s 7] 7 Amendment of s 8 (Insertion of new chs 5 and 5A) (1) Section 8, inserted chapter 5, heading, ‘for’— omit, insert— ‘ and ’. (2) Section 8, after inserted section 277— insert— ‘277A Cancellation of particular environmental authority on holder’s request ‘(1) This section applies to an environmental authority that— (a) is in effect on the commencement of the section; and (b) is for a mining activity that— (i) is an eligible ERA; and (ii) is a small scale mining activity; and (iii) is carried out under a mining claim or an exploration permit, including a mining claim that, under the Mineral Resources Act, section 816, has been converted from a mining lease. ‘(2) The holder of the environmental authority may give the chief executive a notice in the approved form asking the chief executive to cancel the authority. ‘(3) On receiving a notice under this section, the chief executive must cancel the environmental authority. ‘(4) If the chief executive cancels an environmental authority, the chief executive must— (a) give the holder notice of the cancellation; and (b) record the cancellation in the relevant register. ‘(5) Divisions 2 and 3 do not apply to a cancellation of an environmental authority under this section. ‘(6) No amount of any annual fee paid by the holder is refundable to the holder because of a cancellation under this section.’. (3) Section 8, inserted section 292, heading, after ‘assurance’— 2013 Act No. 10 Page 17

Mining and Other Legislation Amendment Act 2013 Part 3 Amendment of Environmental Protection (Greentape Reduction) and OtherLegislation Amendment Act 2012 [s 7] insert— ‘ for environmental authority ’. (4) Section 8, inserted section 293, heading, after ‘authority’— insert— ‘ or small scale mining tenure ’. (5) Section 8, inserted section 293(1)(a), from ‘environmental authority’ to ‘give’— omit, insert— ‘environmental authority or a prescribed condition requires the holder of the authority or a small scale mining tenure to give’. (6) Section 8, inserted section 293(1)(b), ‘either—’— omit, insert— ‘any of the following apply—’. (7) Section 8, inserted section 293(1)(b)(i), ‘; or’— omit, insert— ‘;’. (8) Section 8, inserted section 293(1)(b)— insert— ‘(iii) the holder of the small scale mining tenure changes.’. (9) Section 8, inserted section 293(2), ‘environmental authority must’— omit, insert— ‘environmental authority or small scale mining tenure must’. (10) Section 8, inserted section 293(2), ‘environmental authority unless’— omit, insert— ‘environmental authority or tenure unless’. Page 18 2013 Act No. 10

Mining and Other Legislation Amendment Act 2013 Part 3 Amendment of Environmental Protection (Greentape Reduction) and OtherLegislation Amendment Act 2012 [s 7] (11) Section 8, inserted chapter 5, part 12, division 2, subdivision 2, heading, after ‘assurance’— insert— ‘ for environmental authorities ’. (12) Section 8, inserted section 297, heading, ‘Definition’— omit, insert— ‘ Definitions ’. (13) Section 8, inserted section 297— insert— ‘ small scale mining tenure includes a cancelled or surrendered small scale mining tenure.’. (14) Section 8, inserted section 298(a), ‘under an environmental authority’— omit. (15) Section 8, inserted section 298(b), after ‘authority’— insert— ‘or small scale mining tenure’. (16) Section 8, inserted section 302— omit, insert— ‘302 Who may apply ‘(1) The holder of an environmental authority for which financial assurance has been given to the administering authority may apply to the authority to— (a) amend the amount or form of the financial assurance as stated in a notice given under section 296; or (b) discharge the financial assurance. ‘(2) The holder of a small scale mining tenure for which financial assurance has been given to the administering authority may apply to the authority to discharge the financial assurance.’. (17) Section 8, inserted section 303, ‘section 302(1)’— 2013 Act No. 10 Page 19

Mining and Other Legislation Amendment Act 2013 Part 3 Amendment of Environmental Protection (Greentape Reduction) and OtherLegislation Amendment Act 2012 [s 7] omit, insert— ‘section 302’. (18) Section 8, inserted section 304, heading, ‘for particular applications’— omit. (19) Section 8, inserted section 304(1)— omit. (20) Section 8, inserted section 304(2) and (3)— renumber as section 304(1) and (2). (21) Section 8, inserted section 304(1), as renumbered, before ‘assurance’— insert— ‘financial’. (22) Section 8, inserted section 304(2)(b), as renumbered, from ‘under each’— omit, insert— ‘under the environmental authority or small scale mining tenure to which the application relates have complied with the conditions of the environmental authority or the prescribed conditions for the small scale mining activities for the tenure; and’. (23) Section 8, inserted section 304(2)(c), as renumbered, before ‘state’— insert— ‘for financial assurance given for an environmental authority—’. (24) Section 8, inserted section 305(4), ‘for an environmental authority’— omit. (25) Section 8, inserted section 305(4)(b), after ‘activity’— insert— Page 20 2013 Act No. 10

Mining and Other Legislation Amendment Act 2013 Part 3 Amendment of Environmental Protection (Greentape Reduction) and OtherLegislation Amendment Act 2012 [s 7] ‘or to a small scale mining tenure’. (26) Section 8, inserted section 305(5)(b), from ‘authority’ to ‘holder’— omit, insert— ‘environmental authority or small scale mining tenure required to be given by the new holder of the authority or tenure’. (27) Section 8, inserted section 306(1) and (2)— omit, insert— ‘(1) The administering authority may, at any time, require the holder of an environmental authority or small scale mining tenure for which financial assurance has been given to change the amount of the financial assurance. ‘(2) However, a requirement to change the financial assurance for a small scale mining tenure may only be made to ensure the amount of the financial assurance is in compliance with a prescribed condition about financial assurance for the tenure.’. (28) Section 8, inserted section 306(3), ‘subsection (2)’— omit, insert— ‘this section’. (29) Section 8, inserted section 306(3), after ‘environmental authority’— insert— ‘or small scale mining tenure’. (30) Section 8, inserted section 306(8), definition financial assurance , ‘subsection (2)’— omit, insert— ‘this section’. (31) Section 8, after inserted section 307— insert— 2013 Act No. 10 Page 21

Mining and Other Legislation Amendment Act 2013 Part 3 Amendment of Environmental Protection (Greentape Reduction) and OtherLegislation Amendment Act 2012 [s 8] ‘Subdivision 6 Directions about rehabilitation ‘307A Direction to carry out rehabilitation may be given for small scale mining tenure ‘(1) This section applies if the administering authority decides to refuse an application to discharge financial assurance for small scale mining activities carried out under a small scale mining tenure. ‘(2) The administering authority may give the holder of the small scale mining tenure a written direction to carry out stated rehabilitation within a stated reasonable period. ‘(3) The direction must be given to the holder with the notice of refusal required under section 305(1)(b). ‘(4) The notice of refusal must also include an information notice about the decision to give the direction. ‘(5) In this section— rehabilitation includes environmental management.’. 8 Amendment of s 12 (Amendment of s 330 (What is a transitional environmental program)) Section 12, inserted section 330(c)(iii), ‘mining activity authorised under a prospecting permit’— omit, insert— ‘small scale mining activity’. 9 Amendment of s 13 (Amendment of s 331 (Content of program)) Section 13, inserted section 331(e), ‘mining activity authorised under a prospecting permit’— omit, insert— ‘small scale mining activity’. Page 22 2013 Act No. 10

Mining and Other Legislation Amendment Act 2013 Part 3 Amendment of Environmental Protection (Greentape Reduction) and OtherLegislation Amendment Act 2012 [s 10] 10 Amendment of s 14 (Amendment of s 332 (Administering authority may require draft program)) Section 14, inserted section 332(2)(ca), ‘mining activity authorised under a prospecting permit’— omit, insert— ‘small scale mining activity’. 11 Amendment of s 23 (Amendment of s 346 (Effect of compliance with program)) Section 23, inserted section 346(2)(e) and (3)(e), ‘mining activity authorised under a prospecting permit’— omit, insert— ‘small scale mining activity’. 12 Amendment of s 25 (Amendment of s 358 (When order may be issued)) Section 25(2), inserted section 358(d)(v), ‘mining activity authorised under a prospecting permit’— omit, insert— ‘small scale mining activity’. 13 Amendment of s 30 (Replacement of s 426 (Environmental authority required for mining activity)) Section 30, inserted section 426(2)(b)— omit, insert— ‘(b) a small scale mining activity; or’. 14 Amendment of s 35 (Replacement of s 435A (Offence to contravene standard environmental conditions)) Section 35, inserted section 435A(1)(a), ‘mining activity that is authorised under a prospecting permit’— 2013 Act No. 10 Page 23

Mining and Other Legislation Amendment Act 2013 Part 3 Amendment of Environmental Protection (Greentape Reduction) and OtherLegislation Amendment Act 2012 [s 15] omit, insert— ‘small scale mining activity’. 15 Amendment of s 36 (Amendment of s 452 (Entry of place—general)) Section 36(3), inserted section 452(1)(e), ‘mining activity that is authorised under a prospecting permit’— omit, insert— ‘small scale mining activity’. 16 Amendment of s 37 (Amendment of s 458 (Order to enter land to conduct investigation or conduct work)) Section 37(2), inserted section 458(1)(a)(iii)(C), ‘mining activity authorised under a prospecting permit’— omit, insert— ‘small scale mining activity’. 17 Amendment of s 38 (Amendment of s 493A (When environmental harm or related acts are unlawful)) Section 38(1), inserted section 493A(2)(f), ‘mining activity authorised under a prospecting permit’— omit, insert— ‘small scale mining activity’. 18 Amendment of s 60 (Insertion of new ch 13, pt 18) Section 60, inserted section 710, table, item 13, column 2, ‘mining activity authorised under a prospecting permit’— omit, insert— ‘small scale mining activity’. Page 24 2013 Act No. 10

Mining and Other Legislation Amendment Act 2013 Part 3 Amendment of Environmental Protection (Greentape Reduction) and OtherLegislation Amendment Act 2012 [s 19] 19 Amendment of s 61 (Amendment of sch 2 (Original decisions)) (1) Section 61(1), inserted schedule 2, part 1, division 3, entry for section 301(1), ‘assurance for’— omit, insert— ‘assurance for a small scale mining tenure or’. (2) Section 61(1), inserted schedule 2, part 1, division 3, entry for section 305(1), ‘for an environmental authority’— omit, insert— ‘for a small scale mining tenure or an environmental authority’. (3) Section 61(1), inserted schedule 2, part 1, division 3, entry for section 306(2)— omit, insert— ‘306(1) decision to require the holder of a small scale mining tenure or an environmental authority for a resource activity to change the amount of financial assurance’. (4) Section 61(2), inserted schedule 2, part 2, division 2, entry for section 306(2), ‘306(2)’— omit, insert— ‘306(1)’. 20 Amendment of s 62 (Amendment of sch 4 (Dictionary)) (1) Section 62(2), inserted definition prescribed condition — omit. (2) Section 62(2)— insert— ‘ prescribed condition see section 21A. riverine area does not include land outside the flood flow channel of a watercourse. 2013 Act No. 10 Page 25

Mining and Other Legislation Amendment Act 2013 Part 3 Amendment of Environmental Protection (Greentape Reduction) and OtherLegislation Amendment Act 2012 [s 20] small scale mining activity means a mining activity that— (a) is carried out under a mining claim, for corundum, gemstones or other precious stones, the area of which is not more than 20ha, and that— (i) does not, or will not, at any time cause more than 5ha of land to be significantly disturbed; and (ii) is not, or will not be, carried out in a wild river high preservation area or wild river special floodplain management area or on strategic cropping land or potential SCL under the StrategicCropping Land Act 2011 ; and (iii) is not, or will not be, carried out in a watercourse or riverine area; and (iv) is not, or will not be, carried out in or within 1km of an area that, under a regulation, is a category A environmentally sensitive area; and (v) is not, or will not be, carried out in or within 500m of an area that, under a regulation, is a category B environmentally sensitive area; and (vi) is not, or will not be, carried out in an area prescribed under a regulation as a designated environmental area for this definition; and (vii) is not, or will not be, carried out as part of a petroleum activity or a prescribed ERA for which there is an aggregate environmental score prescribed under a regulation; and (viii) is not, or will not be, carried out by more than 20 persons at any one time; and (ix) does not, or will not, at any time cause more than 5000m 2 of land to be disturbed at a camp site; or (b) is carried out under an exploration permit, for minerals other than coal, the area of which is not more than 4 sub-blocks and that— Page 26 2013 Act No. 10

Mining and Other Legislation Amendment Act 2013 Part 3 Amendment of Environmental Protection (Greentape Reduction) and OtherLegislation Amendment Act 2012 [s 20] (i) is not, or will not be, carried out in a wild river high preservation area or wild river special floodplain management area or on strategic cropping land or potential SCL under the StrategicCropping Land Act 2011 ; and (ii) is not, or will not be, carried out in a watercourse or riverine area; and (iii) is not, or will not be, carried out in or within 1km of an area that, under a regulation, is a category A environmentally sensitive area; and (iv) is not, or will not be, carried out in or within 500m of an area that, under a regulation, is a category B environmentally sensitive area; and (v) is not, or will not be, carried out in an area prescribed under a regulation as a designated environmental area for this definition; and (vi) is not, or will not be, carried out as part of a petroleum activity or a prescribed ERA for which there is an aggregate environmental score prescribed under a regulation; and (vii) does not, or will not, at any time cause more than 1000m 2 of land to be disturbed; or (c) is carried out under a prospecting permit. small scale mining tenure see section 21A(2). watercourse — 1 Watercourse means a river, creek or stream in which water flows permanently or intermittently— (a) in a natural channel, whether artificially improved or not; or (b) in an artificial channel that has changed the course of the watercourse. 2 Watercourse includes the bed and banks and any other element of a river, creek or stream confining or containing water.’. 2013 Act No. 10 Page 27

Mining and Other Legislation Amendment Act 2013 Part 3 Amendment of Environmental Protection (Greentape Reduction) and OtherLegislation Amendment Act 2012 [s 21] Editor’s note — Sections 6 to 20, legislation ultimately amended— • Environmental Protection Act 1994 21 Amendment of schedule (Amendment of other Acts) (1) Schedule, amendment 8 of the Environmental Protection Act1994 , ‘mining activity authorised under a prospecting permit’— omit, insert— ‘small scale mining activity’. Editor’s note — Subsection (1), legislation ultimately amended— • Environmental Protection Act 1994 (2) Schedule, amendment 1 of the Mineral Resources Act 1989 , ‘mining activity authorised under the prospecting permit’— omit, insert— ‘small scale mining activity’. (3) Schedule, amendments 2 and 3 of the Mineral Resources Act1989 — omit. (4) Schedule, amendment 15 of the Mineral Resources Act 1989 , ‘section 265(3)(c)’— omit, insert— ‘section 265(5)(c)’. (5) Schedule, amendments 19 and 20 of the MineralResourcesAct 1989 — omit, insert— ‘19 Section 391A(1)(a), ‘mining tenement’— omit, insert— Page 28 2013 Act No. 10

Mining and Other Legislation Amendment Act 2013 Part 4 Amendment of Fossicking Act 1994 [s 22] ‘mining tenement, other than a mining tenement for small scale mining activities’. ‘20 Section 391A(1)(b), ‘mining tenement’— omit, insert— ‘mining tenement, other than a mining tenement for small scale mining activities,’. Editor’s note — Subsections (2) to (5), legislation ultimately amended— • Mineral Resources Act 1989 Part 4 Amendment of Fossicking Act 1994 22 Act amended This part amends the Fossicking Act 1994 . 23 Amendment of s 3 (Definitions) (1) Section 3, definitions authorised officer , deputy mining registrar , field officer , issuing officer and mining registrar — omit . (2) Section 3— insert — ‘ authorised officer means— (a) an authorised officer under the MineralResourcesAct1989 ; or (b) a person who is appointed as an authorised officer under section 72(1). 2013 Act No. 10 Page 29

Mining and Other Legislation Amendment Act 2013 Part 4 Amendment of Fossicking Act 1994 [s 24] issuing officer means a person who is appointed as an issuing officer under section 71(1).’. (3) Section 3, definition general permission , ‘ a mining registrar’— omit, insert — ‘the chief executive’. 24 Amendment of s 8 (Meaning of expressions used in this and other Acts) Section 8(1), first, third and ninth dot points — omit . 25 Omission of s 11 (Act’s application if approved determination of native title) Section 11— omit. 26 Amendment of s 22 (Suspension and cancellation of licences—procedures) (1) Section 22(1), ‘a mining registrar’— omit, insert — ‘the chief executive’. (2) Section 22(1) and (2), ‘the mining registrar’— omit, insert — ‘the chief executive’. (3) Section 22(3) and (4), ‘mining registrar’— omit, insert— ‘chief executive’. Page 30 2013 Act No. 10

Mining and Other Legislation Amendment Act 2013 Part 4 Amendment of Fossicking Act 1994 [s 27] 27 Amendment of s 23 (Return of licence) Section 23(1) and (2), ‘mining registrar’— omit, insert — ‘chief executive’. 28 Amendment of s 27 (Licensee must get permission to fossick on occupied land etc.) (1) Section 27(1)— insert— ‘(d) on land the subject of an exclusive possession determination without the written permission of the native title holders for the determination.’. (2) Section 27(3), after ‘holder’— insert— ‘, or native title holder,’. (3) Section 27(6)— insert— ‘ exclusive possession determination , for land, means an approved determination of native title under the Native Title Act 1993 (Cwlth) that includes a determination to the effect that native title rights and interests under the determination confer possession of the land on native title holders to the exclusion of all others.’. 29 Amendment of s 28 (General permissions) Section 28(1), from ‘mining registrar’ to ‘situated’— omit, insert — ‘chief executive’. 2013 Act No. 10 Page 31

Mining and Other Legislation Amendment Act 2013 Part 4 Amendment of Fossicking Act 1994 [s 30] 30 Amendment of s 33 (Records of land mentioned in general permission to be kept) Section 33(1) and (2)— omit, insert — ‘The chief executive must keep records of general permissions for land available for inspection at the places the chief executive considers appropriate.’. 31 Amendment of s 53 (Management plans) Section 53(4), from ‘following’— omit, insert — ‘places the chief executive considers appropriate.’. 32 Amendment of s 56 (Living on designated fossicking land and fossicking areas) Section 56(1), ‘mining registrar’s’— omit, insert — ‘chief executive’s’. 33 Amendment of s 99 (Appeals to Land Court) Section 99(2)(b), ‘a mining registrar’— omit, insert — ‘the chief executive’. 34 Amendment of s 100 (Starting appeal) (1) Section 100(1), from ‘mining registrar’— omit, insert — ‘chief executive.’. (2) Section 100(2)— Page 32 2013 Act No. 10

Mining and Other Legislation Amendment Act 2013 Part 4 Amendment of Fossicking Act 1994 [s 35] omit. (3) Section 100(3) to (5)— renumber as section 100(2) to (4). 35 Amendment of s 102 (Hearing procedures) Section 102(1), ‘mining registrar concerned’— omit, insert — ‘chief executive’. 36 Amendment of s 103 (Powers of Land Court on appeal) Section 103(1) to (3), ‘mining registrar’— omit, insert — ‘the chief executive’. 37 Amendment of s 106 (Protection against liability) (1) Section 106(1), before paragraph (a)— insert— ‘(aa) the chief executive;’. (2) Section 106(1)(d)— omit. (3) Section 106(1)(aa) to (c)— renumber as section 106(1)(a) to (d). 38 Amendment of pt 9, hdg (Repeal and transitional provisions) Part 9, heading, after ‘provisions’— insert— ‘ before Mining and Other Legislation Amendment Act 2013 ’. 2013 Act No. 10 Page 33

Mining and Other Legislation Amendment Act 2013 Part 4 Amendment of Fossicking Act 1994 [s 39] 39 Insertion of new pt 10 After section 120— insert— ‘Part 10 Transitional provisions for Mining and Other Legislation Amendment Act 2013 ‘121 Definitions for pt 10 ‘In this part— ‘ commencement means the day this part commences. mining registrar means a mining registrar under the MineralResources Act 1989 as in force before the commencement. ‘122 Continuing effect of general permissions ‘(1) A general permission in effect immediately before the commencement continues as a general permission under this Act after the commencement. ‘(2) The general permission is subject to the same conditions as those in effect for the permission immediately before the commencement. ‘123 Continuing effect of permissions under s 56 ‘(1) A permission of a mining registrar given under section 56 and in effect immediately before the commencement continues as if it were a permission given by the chief executive under section 56 as in force after the commencement. ‘(2) The permission is subject to the same conditions as those in effect for the permission immediately before the commencement. Page 34 2013 Act No. 10

Mining and Other Legislation Amendment Act 2013 Part 5 Amendment of Geothermal Energy Act 2010 [s 40] ‘124 Appeals ‘(1) Subsection (2) applies if— (a) a person has appealed to the Land Court against a decision of a mining registrar before the commencement; and (b) the appeal has not been decided before the commencement. ‘(2) The Land Court must hear, or continue to hear, and decide the appeal under this Act as in force after the commencement. ‘(3) Subsection (4) applies if— (a) immediately before the commencement, a person could have appealed to the Land Court against a decision of a mining registrar; and (b) the person has not appealed before the commencement. ‘(4) The person may appeal and the Land Court must hear and decide the appeal under this Act as in force after the commencement. ‘(5) For hearing and deciding an appeal under subsection (2) or (4), the decision appealed against is taken to be a decision of the chief executive.’. Part 5 Amendment of Geothermal Energy Act 2010 40 Act amended This part amends the Geothermal Energy Act 2010 . 41 Amendment of s 385 (Regulation-making power) (1) Section 385(2)(f)— 2013 Act No. 10 Page 35

Mining and Other Legislation Amendment Act 2013 Part 6 Amendment of Greenhouse Gas Storage Act 2009 [s 42] renumber as section 385(2)(ab) and relocate to after section 385(2)(aa). (2) Section 385(2)(aa) to (d)— renumber as section 385(b) to (f). 42 Amendment of sch 2 (Dictionary) (1) Schedule 2, definition occupier , paragraph (a), ‘Act, or, for freehold land,’— omit, insert— ‘Act or’. (2) Schedule 2, definition occupier , paragraph (b), ‘by a person’— omit, insert— ‘by an owner of the place or another person’. Part 6 Amendment of Greenhouse Gas Storage Act 2009 43 Act amended This part amends the Greenhouse Gas Storage Act 2009 . 44 Amendment of sch 2 (Dictionary) (1) Schedule 2, definition occupier , paragraph (a), ‘Act, or, for freehold land,’— omit, insert— ‘Act or’. (2) Schedule 2, definition occupier , paragraph (b), ‘by a person’— Page 36 2013 Act No. 10

Mining and Other Legislation Amendment Act 2013 Part 7 Amendment of Mineral Resources Act 1989 [s 45] omit, insert— ‘by an owner of the place or another person’. Part 7 Amendment of MineralResources Act 1989 Division 1 Preliminary 45 Act amended This part amends the Mineral Resources Act 1989 . Note — See also the amendments in schedule 1. Division 2 Amendments commencing on assent 46 Amendment of s 10AA (Joint holders of mining tenement) Section 10AA(2)(c), ‘application’— omit, insert — ‘mining tenement or approval’. 47 Insertion of new pt 5, div 1, hdg Before section 126— insert — ‘Division 1 Preliminary’. 2013 Act No. 10 Page 37

Mining and Other Legislation Amendment Act 2013 Part 7 Amendment of Mineral Resources Act 1989 [s 48] 48 Insertion of new pt 5, div 2, hdg and s 130A After section 130— insert — ‘Division 2 Obtaining exploration permit for a mineral other than coal ‘130A Application of div 2 ‘This division applies to exploration permits for a mineral other than coal.’. 49 Amendment of s 131 (Who may apply) (1) Section 131(2) and (3)— renumber as section 131(3) and (4). (2) Section 131— insert — ‘(2) However, an application can not be made for an exploration permit for a sub-block the subject of a call for EP (non-coal) tenders. Note — See section 136A in relation to calls for EP (non-coal) tenders.’. 50 Insertion of new ss 136 and 136A, pt 5, div 3 and pt 5, div 4, hdg Before section 137— insert — ‘136 Grant of exploration permit on application ‘(1) The Minister may, for an application for an exploration permit under this division— (a) grant an exploration permit, with or without conditions; or Page 38 2013 Act No. 10

Mining and Other Legislation Amendment Act 2013 Part 7 Amendment of Mineral Resources Act 1989 [s 50] (b) refuse the application. ‘(2) However, the Minister must not grant an exploration permit unless the Minister is satisfied the prescribed criteria for the grant of the permit are met. ‘(3) Also, subject to subsection (4), the Minister must not grant an exploration permit for land if all or any part of the land is— (a) in a fossicking area; or (b) subject to an exploration permit for the same mineral. ‘(4) Subsection (3)(a) does not apply if the application for the exploration permit was made, but not decided, before the land became a fossicking area. ‘(5) If the Minister refuses an application for an exploration permit under this division, the Minister may decide whether all or part of the application fee that accompanied the application will be retained. ‘136A Obtaining exploration permit by competitive tender ‘(1) This section applies if the Minister considers it is in the best interests of the State for an exploration permit for a mineral other than coal to be granted for 1 or more sub-blocks by competitive tender. ‘(2) The Minister may publish a gazette notice (a call for EP (non-coal) tenders ) inviting tenders for the exploration permit. ‘(3) Division 3, subdivisions 2 and 3 apply for the call for EP (non-coal) tenders— (a) as if— (i) a reference to a call for EP (coal) tenders were a reference to a call for EP (non-coal) tenders; and (ii) a reference to an exploration permit for coal were a reference to an exploration permit for a mineral other than coal for the sub-blocks the subject of the call; and 2013 Act No. 10 Page 39

Mining and Other Legislation Amendment Act 2013 Part 7 Amendment of Mineral Resources Act 1989 [s 50] (b) with any other necessary changes. ‘(4) The Minister must not act under subsection (2) for a sub-block that is— (a) in a fossicking area; or (b) the subject of an application for an exploration permit for the same mineral. ‘Division 3 Obtaining exploration permit for coal ‘Subdivision 1 Preliminary ‘136B Application and operation of div 3 ‘(1) This division— (a) applies to exploration permits for coal; and (b) provides for a process for the granting of exploration permits for coal— (i) generally, by competitive tender; or (ii) to a person who holds 1 or more exploration permits for coal for the same land that are surrendered immediately before the grant of the permit. ‘(2) To remove any doubt, it is declared that an exploration permit for coal can only be granted under this division. Page 40 2013 Act No. 10

‘Subdivision 2 Mining and Other Legislation Amendment Act 2013 Part 7 Amendment of Mineral Resources Act 1989 [s 50] Competitive tenders ‘136C Call for tenders ‘(1) The Minister may publish a gazette notice (a call for EP (coal) tenders ) inviting tenders for an exploration permit for coal. ‘(2) The call must state— (a) the proposed area of the permit; and (b) the day and time by which tenders in response to it must be made (the closing time for the call); and (c) that the tenders must be lodged before the closing time for the call; and (d) that details about each of the following are available at a stated place— (i) any proposed conditions of the permit that are likely to impact significantly on exploration in the proposed area; (ii) the period of not more than 5 years for which the proposed program of work for the permit must apply; (iii) any criteria ( special criteria ), other than the prescribed criteria, proposed to be used to decide whether to grant the permit, or to decide its provisions; (iv) whether a process for appointing a preferred tenderer involving a cash bid component is to be used for deciding the call. ‘(3) The call may state other relevant matters, including, for example, matters relevant to the special criteria and prescribed criteria. ‘(4) Subsection (2)(d)(i) does not limit the Minister’s power under section 136K to decide conditions of the exploration permit if it is granted. 2013 Act No. 10 Page 41

Mining and Other Legislation Amendment Act 2013 Part 7 Amendment of Mineral Resources Act 1989 [s 50] ‘(5) However, the Minister must not act under this section for land if all or any part of the land is— (a) in a fossicking area; or (b) the subject of an application for an exploration permit for the same mineral. ‘136D Right to tender ‘(1) An eligible person may, by a tender made under section 136E, tender for a proposed exploration permit the subject of a call for EP (coal) tenders. ‘(2) However, the tender can not be made— (a) after the closing time for the call; or (b) for only part of the area of the proposed exploration permit. ‘136E Requirements for making tender ‘A tender for an exploration permit for coal must— (a) be in the approved form; and (b) be accompanied by a statement— (i) specifying a description of the program of work proposed to be carried out under the authority of the exploration permit, if granted; and (ii) specifying the estimated human, technical and financial resources proposed to be committed to exploration work during each year of the exploration permit, if granted; and (c) be accompanied by a statement, separate from the statement mentioned in paragraph (b), detailing the tenderer’s financial and technical resources; and (d) be accompanied by the following— (i) a statement, separate from the statements mentioned in paragraphs (b) and (c), about how Page 42 2013 Act No. 10

Mining and Other Legislation Amendment Act 2013 Part 7 Amendment of Mineral Resources Act 1989 [s 50] and when the tenderer proposes to consult with, and keep informed, each owner and occupier of private or public land on which authorised activities for the proposed exploration permit are, or are likely to be, carried out; Note — See section 140A for obligations about consulting with particular owners and occupiers. (ii) proof of the tenderer’s identity; (iii) the application fee prescribed under a regulation; (iv) if a process for appointing a preferred tenderer involving a cash bid component is to be used for deciding the call—the tenderer’s cash bid. ‘136F Right to terminate call for tenders ‘(1) The Minister may, by gazette notice, terminate a call for EP (coal) tenders at any time before deciding to grant an exploration permit to an eligible person who has made a tender in response to the call. ‘(2) All tenders in response to the call lapse when the call is terminated. ‘(3) No amount, whether by way of compensation, reimbursement or otherwise is payable by the State to any person for or in connection with the termination. ‘(4) However, subject to sections 136H(4) and 136J(4), the Minister must refund any tender security given by the tenderer. ‘136G Amendment of tender ‘(1) This section provides for the amendments that can be made to a tender in response to a call for EP (coal) tenders. ‘(2) A proposed program of work included in the tender may be amended at any time until, but not after, the tenderer has become the preferred tenderer for the call. 2013 Act No. 10 Page 43

Mining and Other Legislation Amendment Act 2013 Part 7 Amendment of Mineral Resources Act 1989 [s 50] ‘(3) The tender may be amended, other than as provided by subsection (2), at any time until, but not after, the closing time for the call. ‘(4) However, subsection (3) does not apply if— (a) the tenderer is a company; and (b) the change is only a change of name of the tenderer; and (c) the tenderer’s Australian company number and Australian registered business name have not changed. ‘136H Withdrawal of tender ‘(1) A person who has lodged a tender in response to a call for EP (coal) tenders may lodge a notice withdrawing the tender at any time before the relevant exploration permit is granted. ‘(2) The withdrawal takes effect when the notice is lodged. ‘(3) If the preferred tenderer’s tender is withdrawn under this section, the withdrawal does not affect the Minister’s power to appoint another tenderer, from the tenders made in response to the call, to be the preferred tenderer. ‘(4) If a tender is withdrawn under this section, the Minister may, if the Minister considers it reasonable in the circumstances, retain the whole or part of any tender security given by the tenderer. ‘Subdivision 3 Deciding tenders ‘136I Process for deciding tenders ‘(1) Subject to section 136K(2) and (3), any process the Minister considers appropriate may be used to decide a call for EP (coal) tenders, including, for example— (a) a process appointing a preferred tenderer on the tenders made in response to the call (whether or not involving a cash bid component); or Page 44 2013 Act No. 10

Mining and Other Legislation Amendment Act 2013 Part 7 Amendment of Mineral Resources Act 1989 [s 50] (b) a process involving short-listing a group of possible preferred tenderers and inviting them to engage in another round of tendering before appointing a preferred tenderer from that group. ‘(2) Without limiting subsection (1), the Minister may give a tenderer a notice requiring the tenderer to give the Minister, within the reasonable period stated in the notice, information the Minister reasonably requires to assess the tender. ‘136J Provisions for preferred tenderers ‘(1) The Minister may require a preferred tenderer for the call for EP (coal) tenders to— (a) pay any amounts necessarily incurred, or to be incurred, to enable the exploration permit to be granted; and Example — amounts required to comply with the Commonwealth Native Title Act, part 2, division 3, subdivision P (b) do all or any of the following within a stated reasonable period— (i) pay the rental for the first year of the term of the permit under section 138; (ii) give, under section 144, security for the permit. ‘(2) If a preferred tenderer does not— (a) comply with a requirement under subsection (1); or (b) do all things reasonably necessary to allow an exploration permit for coal to be granted to the tenderer; the Minister may revoke the tenderer’s appointment as the preferred tenderer. ‘(3) However, before acting under subsection (2), the Minister must give the preferred tenderer a reasonable opportunity to provide reasons for, and rectify, the tenderer’s failure to comply with a requirement under subsection (1) or (2)(b). 2013 Act No. 10 Page 45

Mining and Other Legislation Amendment Act 2013 Part 7 Amendment of Mineral Resources Act 1989 [s 50] ‘(4) If the Minister revokes the appointment of the tenderer as the preferred tenderer under this section, the Minister may— (a) retain the whole or part of any tender security given by the tenderer, if the Minister considers it reasonable in the circumstances; and (b) appoint another tenderer to be the preferred tenderer. ‘136K Deciding whether to grant exploration permit ‘(1) The Minister may, after the closing time for the call for EP (coal) tenders— (a) grant an exploration permit for coal to 1 tenderer, with or without conditions; or (b) refuse to grant any exploration permit for coal. ‘(2) However, the Minister must not grant the exploration permit unless the Minister is satisfied the prescribed criteria for the grant of the permit are met. ‘(3) Also, in deciding whether to grant an exploration permit or deciding its provisions, the Minister must consider any special criteria for the call. ‘136L Notice to unsuccessful tenderers ‘(1) After a call for EP (coal) tenders has been decided, each tenderer not granted the exploration permit must be given notice of the decision. Note — See also the Judicial Review Act 1991 , section 32 (Request for statement of reasons). ‘(2) Subject to sections 136H(4) and 136J(4), the Minister must refund any tender security given by the tenderer. Page 46 2013 Act No. 10

‘Subdivision 4 Mining and Other Legislation Amendment Act 2013 Part 7 Amendment of Mineral Resources Act 1989 [s 50] Obtaining exploration permit following surrender ‘136M Application for exploration permit for surrendered exploration permits ‘(1) This section applies if the holder of an exploration permit for coal intends to surrender the permit. ‘(2) The holder may apply for a new exploration permit for the whole or part of the area of the exploration permit to be surrendered. ‘(3) The application must be made in the same way an application for an exploration permit is made under section 133. ‘(4) The Minister may give the applicant a notice requiring the applicant to give the Minister information the Minister reasonably requires to assess the application. ‘(5) If the information is not given to the Minister within the reasonable period stated in the notice, the Minister may refuse the application. ‘(6) An application for an exploration permit under this section must be numbered in the way prescribed under a regulation and the number, if the permit is granted, must become the number of that permit. ‘136N Grant of exploration permit for surrendered exploration permits ‘(1) The Minister may, for an application for an exploration permit under section 136M— (a) grant the exploration permit, with or without conditions; or (b) refuse the application. ‘(2) However, the Minister must not grant an exploration permit under this section unless the Minister is satisfied the prescribed criteria for the grant of the permit are met. 2013 Act No. 10 Page 47

Mining and Other Legislation Amendment Act 2013 Part 7 Amendment of Mineral Resources Act 1989 [s 51] ‘(3) Also, subject to subsection (4), the Minister must not grant an exploration permit for land if all or any part of the land is in a fossicking area. ‘(4) Subsection (3) does not apply if the application for the exploration permit was made, but not decided, before the land became a fossicking area. ‘(5) If the Minister refuses the application, the Minister may decide whether all or part of the application fee that accompanied the application will be retained. ‘Division 4 Other provisions about exploration permits’. 51 Replacement of s 137 (Grant of exploration permit) Section 137— omit, insert— ‘137 Prescribed criteria for grant of exploration permit ‘(1) This section states the criteria ( prescribed criteria ) for the grant of an exploration permit under division 2 or 3. ‘(2) The criteria are as follows— (a) the requirements of this Act have been complied with; (b) the applicant is an eligible person; (c) the applicant has paid rental for the first year of the term of the exploration permit under section 138; (d) the Minister has, under subsection (3), approved the program of work that accompanied the application for the exploration permit; (e) the Minister has not, under subsection (4), decided the person is disqualified from being granted the permit. Notes — 1 Under section 144, an exploration permit can not be granted until the applicant has deposited security decided under that section. Page 48 2013 Act No. 10

Mining and Other Legislation Amendment Act 2013 Part 7 Amendment of Mineral Resources Act 1989 [s 51] 2 If the application relates to acquired land, see also section 10AAC. ‘(3) In deciding whether to approve the program of work, the Minister must have regard to the following matters— (a) the extent of the proposed activities in the proposed area of the exploration permit; (b) when and where the applicant proposes to carry out exploration activities in the proposed area of the exploration permit; (c) whether the applicant has the financial and technical capability for carrying out the work. ‘(4) The Minister may decide an applicant is disqualified from being granted an exploration permit if— (a) the Minister reasonably believes the applicant or, if the applicant is a company, an associate of the applicant has, at any time, contravened a provision of this Act, the repealed Acts or other mining legislation (whether or not the applicant or associate has been charged or convicted of an offence for the contravention); and (b) having regard to the matters mentioned in subsection (5), the Minister considers the applicant is not a suitable person to carry out activities under the exploration permit. ‘(5) For subsection (4)(b), the matters to which the Minister may have regard are as follows— (a) the nature of the contravention, including, for example— (i) whether it relates to an administrative or procedural requirement; and (ii) the extent to which the applicant or applicant’s associate was involved in the contravention; and (iii) whether the contravention involved the applicant or associate engaging in fraudulent or dishonest conduct; and 2013 Act No. 10 Page 49

Mining and Other Legislation Amendment Act 2013 Part 7 Amendment of Mineral Resources Act 1989 [s 52] (iv) the degree of harm caused or likely to be caused by the contravention to persons other than the applicant or to the environment; (b) whether the applicant or applicant’s associate has been proceeded against for the contravention and, if so, the outcome of the proceeding; (c) whether the applicant or an associate of the applicant has previously engaged in similar contraventions or other contraventions of a kind mentioned in subsection (4)(a), and the nature of the contraventions and the outcome of any proceedings for the contraventions; (d) any other matters the Minister considers relevant. ‘(6) In this section— associate , for an applicant that is a company, means— (a) an officer or employee of the company; or (b) another person who in the Minister’s opinion is in a position to control or influence substantially the company’s affairs.’. 52 Amendment of s 138 (Rental payable on exploration permit) Section 138(1), ‘section 137’— omit, insert — ‘division 2 or 3’. 53 Amendment of s 141C (Application to vary conditions of existing permit) (1) Section 141C(4)— renumber as section 141C(5). (2) Section 141C— insert — Page 50 2013 Act No. 10

Mining and Other Legislation Amendment Act 2013 Part 7 Amendment of Mineral Resources Act 1989 [s 54] ‘(4) Subsections (2) and (3) apply in relation to an exploration permit for coal despite section 130A.’. 54 Amendment of s 146 (Initial term of exploration permit) Section 146— insert — ‘(2) However, the initial term of an exploration permit granted in response to a call for EP (coal) tenders or EP (non-coal tenders) must be for the required period for the proposed program of work for the permit. ‘(3) In this section— required period , for the proposed program of work for an exploration permit granted in response to a call for EP (coal) tenders or EP (non-coal tenders), means the period that the call states is the period for which the program must apply.’. 55 Relocation and renumbering of s 159 (Abandonment of application for exploration permit) Section 159— relocate to part 5, division 2, as inserted by this Act, and renumber as section 135. 56 Amendment of s 231A (Application of pts 6 and 6A) Section 231A, ‘the Aurukun project’— omit, insert— ‘an Aurukun project’. 57 Amendment of s 231B (Only eligible person can apply for and hold mineral development licence (180)) (1) Section 231B(1), ‘the eligible person’— omit, insert— 2013 Act No. 10 Page 51

Mining and Other Legislation Amendment Act 2013 Part 7 Amendment of Mineral Resources Act 1989 [s 58] ‘an eligible person’. (2) Section 231B(2), before ‘Aurukun’— insert— ‘relevant’. (3) Section 231B— insert— ‘(3) Despite subsection (1), a mineral development licence granted under this part may be cancelled under section 231J even though the holder has ceased to be an eligible person.’. 58 Amendment of s 231G (Conditions of mineral development licence (194)) Section 231G(1)(e) and (i), before ‘Aurukun’— insert— ‘relevant’. 59 Amendment of s 231H (Renewal of licence (197A)) Section 231H(1)(a), before ‘Aurukun’— insert— ‘relevant’. 60 Amendment of s 231I (Requirements for assigning or mortgaging mineral development licences (198)) Section 231I(2), before ‘Aurukun’— insert— ‘relevant’. 61 Amendment of s 231J (Contravention by holder of mineral development licence (209)) Section 231J, before ‘Aurukun’— Page 52 2013 Act No. 10

insert— ‘relevant’. Mining and Other Legislation Amendment Act 2013 Part 7 Amendment of Mineral Resources Act 1989 [s 62] 62 Amendment of s 318AAA (Application of pts 7 and 7AAA) (1) Section 318AAA, ‘the Aurukun project’— omit, insert— ‘an Aurukun project’. (2) Section 318AAA(1)(b), before ‘Aurukun’— insert— ‘relevant’. (3) Section 318AAA— insert— ‘(5) To remove any doubt, it is declared that this part applies to the following— (a) a mining lease under section 234 for a purpose mentioned in section 234(1)(a) or (b); (b) a mining lease under section 316 for the transportation of a thing.’. 63 Amendment of s 318AAB (Only eligible person can apply for and hold mining lease (233)) (1) Section 318AAB(1), ‘the eligible person’— omit, insert— ‘an eligible person’. (2) Section 318AAB(2), ‘the Aurukun project’— omit, insert— ‘an Aurukun project’. (3) Section 318AAB— insert— 2013 Act No. 10 Page 53

Mining and Other Legislation Amendment Act 2013 Part 7 Amendment of Mineral Resources Act 1989 [s 64] ‘(3) Despite subsection (1), a mining lease granted under this part may be cancelled under section 318AAL even though the holder has ceased to be an eligible person.’. 64 Amendment of s 318AAD (Application for grant of mining lease (245)) Section 318AAD(f)(i), after ‘start’— insert— ‘or, if a mining program is not proposed, outlining the use proposed for the land and providing an indication of when the proposed use is to start’. 65 Amendment of s 318AAH (General conditions of mining lease (276)) Section 318AAH(1)(e) and (m), before ‘Aurukun’— insert— ‘relevant’. 66 Amendment of s 318AAJ (Renewal of lease (286A)) Section 318AAJ(1)(b), before ‘Aurukun’— insert— ‘relevant’. 67 Amendment of s 318AAK (Requirements for assigning, mortgaging or subleasing mining leases (300)) Section 318AAK(2), before ‘Aurukun’— insert— ‘relevant’. Page 54 2013 Act No. 10

Mining and Other Legislation Amendment Act 2013 Part 7 Amendment of Mineral Resources Act 1989 [s 68] 68 Amendment of s 318AAL (Contravention by holder of mining lease (308)) Section 318AAL, before ‘Aurukun’— insert— ‘relevant’. 69 Amendment of s 318AAM (Limitation on surrender of mining lease (309)) Section 318AAM(2), before ‘Aurukun’— insert— ‘relevant’. 70 Amendment of s 386J (Request to applicant about application) Section 386J(7), definition application — insert— ‘(aa) an EP tender; or’. 71 Amendment of s 386L (Notice to progress relevant applications) Section 386L— insert— ‘(4A) This section does not apply in relation to an EP tender.’. 72 Amendment of s 386M (Particular criteria generally not exhaustive) Section 386M(3), from ‘apply’— omit, insert— ‘apply— (a) in relation to an EP tender; or 2013 Act No. 10 Page 55

Mining and Other Legislation Amendment Act 2013 Part 10 Amendment of Petroleum and Gas (Production and Safety) Act 2004 [s 171] ‘(3) Also, if a process for appointing a preferred tenderer involving a cash bid component is to be used for deciding the call, the tender must be accompanied by the tenderer’s cash bid.’. 171 Amendment of s 129 (Right to terminate call for tenders) Section 129— insert— ‘(4) However, subject to sections 131(4) and 845(5), the Minister must refund any tender security given by the tenderer.’. 172 Amendment of s 130 (Process for deciding tenders) (1) Section 130, from ‘example’— omit, insert— ‘example— (a) a process appointing a preferred tenderer on the tenders made in response to the call (whether or not involving a cash bid component); or (b) a process involving short-listing a group of possible preferred tenderers and inviting them to engage in another round of tendering before appointing a preferred tenderer from that group.’. (2) Section 130— insert— ‘(2) Without limiting subsection (1), the Minister may give a tenderer a notice requiring the tenderer to give the Minister, within the reasonable period stated in the notice, information the Minister reasonably requires to assess the tender.’. 173 Amendment of s 131 (Provisions for preferred tenderers) (1) Section 131(2), from ‘appoint’— omit, insert— 2013 Act No. 10 Page 111

Mining and Other Legislation Amendment Act 2013 Part 10 Amendment of Petroleum and Gas (Production and Safety) Act 2004 [s 174] ‘revoke the tenderer’s appointment as the preferred tenderer.’. (2) Section 131— insert— ‘(3) However, before acting under subsection (2), the Minister must give the preferred tenderer a reasonable opportunity to provide reasons for, and rectify, the tenderer’s failure to comply with a requirement under subsection (1) or (2)(b). ‘(4) If the Minister revokes the tenderer’s appointment as the preferred tenderer under this section, the Minister may— (a) retain the whole or part of any tender security given by the tenderer, if the Minister considers it reasonable in the circumstances; and (b) appoint another tenderer to be the preferred tenderer.’. 174 Amendment of s 135 (Notice to unsuccessful tenderers) Section 135— insert— ‘(2) Subject to sections 131(4) and 845(5), the Minister must refund any tender security given by the tenderer.’. 175 Amendment of s 802 (Restriction on pipeline construction or operation) (1) Section 802(1), ‘or a pipeline for transporting produced water’— omit, insert— ‘or a produced water pipeline’. (2) Section 802(2)— insert— ‘ produced water pipeline means a pipeline for transporting produced water if the construction and operation of the pipeline is carried out under an Act other than an Act mentioned in subsection (1)(a)(i).’. Page 112 2013 Act No. 10

Mining and Other Legislation Amendment Act 2013 Part 10 Amendment of Petroleum and Gas (Production and Safety) Act 2004 [s 176] 176 Amendment of s 845 (Withdrawal of application) Section 845— insert— ‘(5) If the application is a tender in response to a call for tenders, the Minister may, if the Minister considers it reasonable in the circumstances, retain the whole or part of any tender security given by the tenderer.’. 177 Insertion of new ch 15, pt 15 Chapter 15— insert— ‘Part 15 Transitional provision for Mining and Other Legislation Amendment Act 2013 ‘976 Existing competitive tenders ‘(1) Subsection (2) applies in relation to a call for tenders under chapter 2, part 1, if the call has not been decided at the commencement. ‘(2) Despite section 39(b), the Minister must not use a multiple round process to decide the call. ‘(3) Subsection (4) applies in relation to a call for tenders under chapter 2, part 2, if the call has not been decided at the commencement. ‘(4) Despite section 130(b), the Minister must not use a multiple round process to decide the call. ‘(5) In this section— multiple round process means a process involving short-listing a group of possible preferred tenderers and inviting them to engage in another round of tendering before appointing a preferred tenderer from that group.’. 2013 Act No. 10 Page 113

Mining and Other Legislation Amendment Act 2013 Part 10 Amendment of Petroleum and Gas (Production and Safety) Act 2004 [s 178] 178 Amendment of sch 2 (Dictionary) (1) Schedule 2— insert— ‘ tender security , for a tender under chapter 2, part 1 or 2, means an amount given by the relevant tenderer as security for the tender.’. (2) Schedule 2, definition occupier , paragraph (a), ‘Act, or, for freehold land,’— omit, insert— ‘Act or’. (3) Schedule 2, definition occupier , paragraph (b), ‘an occupier’— omit, insert— ‘an owner of the place or another occupier’. Division 3 Amendments commencing by proclamation 179 Amendment of s 403 (Incidental activities) (1) Section 403(3)— renumber as section 403(4). (2) Section 403— insert— ‘(3) Also, the holder may carry out an activity (a stated pipeline licence incidental activity ) in the area of the licence if— (a) the activity is carried out on pipeline land concurrently with the construction or operation; and (b) the activity is stated on the licence to be an incidental activity for this subsection that the holder of the licence is entitled to carry out under the licence; and Page 114 2013 Act No. 10

Mining and Other Legislation Amendment Act 2013 Part 10 Amendment of Petroleum and Gas (Production and Safety) Act 2004 [s 180] (c) the carrying out of the activity is reasonably necessary for, or incidental to, carrying out an authorised activity for a petroleum lease, a petroleum facility licence or another pipeline licence.’. (3) Section 403(4), as renumbered, after ‘activity’— insert— ‘or a stated pipeline licence incidental activity’. 180 Amendment of s 409 (Requirements for making application) (1) Section 409(b)(v), after ‘licence’— insert— ‘, including, for example, the extent and nature of any proposed stated pipeline licence incidental activity for the licence’. (2) Section 409(e), ‘section 415(a)’— omit, insert— ‘section 415(1)(a)’. (3) Section 409— insert— ‘(ea) if the activities to be carried out under the pipeline licence include any proposed stated pipeline licence incidental activity—address the criteria mentioned in section 415(2); and’. 181 Amendment of s 412 (Provisions of licence) Section 412(1)— insert— ‘(d) for a pipeline licence under which a stated pipeline licence incidental activity may be carried out—the stated pipeline licence incidental activities that the 2013 Act No. 10 Page 115

Mining and Other Legislation Amendment Act 2013 Part 10 Amendment of Petroleum and Gas (Production and Safety) Act 2004 [s 182] holder of the licence is entitled to carry out under the licence.’. 182 Amendment of s 415 (Criteria for decisions) (1) Section 415(e)— renumber as section 415(f). (2) Section 415— insert— ‘(e) the extent and nature of any proposed stated pipeline licence incidental activity for the licence;’. (3) Section 415— insert— ‘(2) In considering the extent and nature of any proposed stated pipeline licence incidental activity, the Minister must have regard to the following— (a) whether the carrying out of the activity under the pipeline licence would have the overall effect of reducing impacts of authorised activities on land, landowners and the community; (b) whether the activity is reasonably necessary for, or incidental to, carrying out an authorised activity for a petroleum lease, a petroleum facility licence or another pipeline licence; (c) whether the activity would be more appropriately carried out under a petroleum lease, a petroleum facility licence or another pipeline licence.’. 183 Amendment of s 426 (Public road authority’s obligations in aligning pipeline on road) Section 426(a), after ‘pipeline’— insert— Page 116 2013 Act No. 10

Mining and Other Legislation Amendment Act 2013 Part 10 Amendment of Petroleum and Gas (Production and Safety) Act 2004 [s 184] ‘and infrastructure proposed to be constructed in the carrying out of a stated pipeline licence incidental activity for the pipeline’. 184 Amendment of s 427 (Requirement to consult if construction affects existing pipeline) (1) Section 427, heading, after ‘pipeline’— insert— ‘ or infrastructure ’. (2) Section 427(1), ‘safety of a pipeline.’— omit, insert— ‘safety of— (a) a pipeline; or (b) infrastructure constructed in the carrying out of a stated pipeline licence incidental activity.’. 185 Amendment of s 428 (Costs of pipeline works caused by public road construction) (1) Section 428(1)(b)— omit, insert— ‘(b) the road, or the road as changed, affects the safety, location or operation of— (i) a pipeline constructed, or operated, or proposed to be constructed or operated; or (ii) infrastructure constructed, or operated, or proposed to be constructed or operated, in the carrying out of a stated pipeline licence incidental activity; and’. (2) Section 428(1)(c), ‘the pipeline.’— omit, insert— ‘the pipeline or the infrastructure.’. (3) Section 428(2), after ‘pipeline’— 2013 Act No. 10 Page 117

Mining and Other Legislation Amendment Act 2013 Part 10 Amendment of Petroleum and Gas (Production and Safety) Act 2004 [s 186] insert— ‘or infrastructure’. 186 Amendment of s 431 (Power to give works directions) (1) Section 431(1)(a), from ‘constructing,’— omit, insert— ‘constructing— (i) a pipeline on or through public land; or (ii) infrastructure in the carrying out of a stated pipeline licence incidental activity; and’. (2) Section 431(1)(b), ‘, under a public land authority approval,’— omit. 187 Amendment of s 474 (Amendment applications that may be made) Section 474(1), examples, third dot point, ‘route of a pipeline’— omit, insert— ‘route of a pipeline or amending the licence to include the carrying out of stated pipeline licence incidental activities’. 188 Amendment of s 669 (Making safety requirement) Section 669— insert— ‘(e) about an incidental activity under section 33, 112, 403 or 442, or a stated pipeline licence incidental activity.’. 189 Amendment of sch 2 (Dictionary) Schedule 2— Page 118 2013 Act No. 10

Mining and Other Legislation Amendment Act 2013 Part 11 Amendment of Wild Rivers Act 2005 [s 190] insert— ‘ stated pipeline licence incidental activity see section 403(3).’. Part 11 Amendment of Wild Rivers Act 2005 190 Act amended This part amends the Wild Rivers Act 2005. 191 Amendment of s 45 (Exemption of projects from application of this Act) Section 45(1)(a), ‘the’— omit, insert— ‘an’. 192 Amendment of s 46 (Meaning of Aurukun project ) Section 46(1)— omit, insert— ‘(1) An Aurukun project is a project for the extraction, transportation and processing of bauxite on— (a) land that is more or less the land described as ‘restricted area 315’ (RA315) under the MineralResourcesAct1989 ; or (b) a part of the land mentioned in paragraph (a).’. 2013 Act No. 10 Page 119

Mining and Other Legislation Amendment Act 2013 Part 12 Minor and consequential amendments of Acts [s 193] Part 12 Minor and consequential amendments of Acts 193 Acts amended in sch 1 Schedule 1 amends the Acts it mentions. Page 120 2013 Act No. 10

Schedule 1 Mining and Other Legislation Amendment Act 2013 Schedule 1 Acts amended section 193 Environmental Protection Act 1994 1 Schedule 4, definition person , ‘ person , for chapter 3, part 1, see section 39.’ — omit. Mineral Resources Act 1989 1 References to mining registrar etc. Each provision mentioned in column 1 is amended by omitting the words mentioned in column 2 and inserting the words mentioned in column 3— Column 1 Provision Column 2 Words omitted Column 3 Words inserted section mining registrar 10AAC(2)(b)(ii) chief executive section 20(6) mining registrar the chief executive section 20(6), mining registrar note chief executive section 21(1)(a) mining registrar and (d)(i) chief executive section 21(1)(b)(i) mining registrar’s chief executive’s 2013 Act No. 10 Page 121

Mining and Other Legislation Amendment Act 2013 Schedule 1 Column 1 Provision section 22 Column 2 Words omitted A mining registrar who Column 3 Words inserted If the chief executive section 22 permit permit, the chief executive section 23 a mining registrar the chief executive section 24(1) A mining registrar The chief executive section 24(1) the mining registrar the chief executive section 24(2) A mining registrar, who If the chief executive section 24(2) may the chief executive may section 24A mining registrar chief executive section 25(2) and (3) a mining registrar the chief executive section 25(4) A mining registrar The chief executive section 25(4) the mining registrar the chief executive section 25AA(1) a mining registrar the chief executive section 26(1) to (5), (9) to (11) and (15) mining registrar chief executive section 26(6) a mining registrar the chief executive section 26(6) and (7) the mining registrar the chief executive Page 122 2013 Act No. 10

Mining and Other Legislation Amendment Act 2013 Schedule 1 Column 1 Provision section 26(7) Column 2 Words omitted A mining registrar Column 3 Words inserted The chief executive section 26(13) mining registrar’s chief executive’s section 27 mining registrar chief executive section 31, heading Mining registrar Chief executive section 31(1) a mining registrar the chief executive section 32(4), (5) and (6) mining registrar chief executive section 34, heading mining registrar chief executive section 34(1) mining registrar of the mining district in which is situated the land chief executive section 34(2) mining registrar chief executive section 35 mining registrar chief executive section 36(1) A mining registrar The chief executive section 37 mining registrar chief executive section 38(2) a mining registrar the chief executive section 39(1) mining registrar chief executive section 42 mining registrar chief executive 2013 Act No. 10 Page 123

Mining and Other Legislation Amendment Act 2013 Schedule 1 Column 1 Provision section 46(1) Column 2 Words omitted mining registrar section 47(2) and (7) mining registrar section 47(6) mining registrar’s section 62 mining registrar section 63(2)(a) mining registrar section 63(2)(b) mining registrar section 65, heading Mining registrar section 65(1) to mining registrar (3) section 66(1) mining registrar section 66(2) mining registrar’s section 67 mining registrar section 68, heading Mining registrar’s section 68 mining registrar section 69(1)(c) mining registrar section 71A(1)(a) mining registrar Column 3 Words inserted chief executive chief executive chief executive’s chief executive Minister chief executive Chief executive chief executive chief executive chief executive’s chief executive Chief executive’s chief executive chief executive chief executive Page 124 2013 Act No. 10

Mining and Other Legislation Amendment Act 2013 Schedule 1 Column 1 Provision section 72(2), (3)(a) and (5) Column 2 Words omitted mining registrar Column 3 Words inserted chief executive section 73(1) and (2) mining registrar Minister section 75(1) and (2) mining registrar Minister section 76(1) to mining registrar (3) Minister section 78(1)(a) and (b) and (2)(a) mining registrar Minister section 80(1) and (2) mining registrar Minister section 81A(1)(c) section 84 mining registrar mining registrar Minister Minister section 85(5) mining registrar chief executive section 85(12)(b) mining registrar to grant Minister to grant section 85(12) the mining registrar the chief executive section 85A(2) mining registrar and (3) chief executive section 86(2)(b) mining registrar chief executive section 89 A mining registrar who If the Minister 2013 Act No. 10 Page 125

Mining and Other Legislation Amendment Act 2013 Schedule 1 Column 1 Provision section 89 Column 2 Words omitted claim Column 3 Words inserted claim, the Minister section 91(1) mining registrar Minister section 93D(1)(b) mining registrar Minister section 94 A mining registrar who If the Minister section 94 claim claim, the Minister section 95(1) mining registrar Minister section 95(5)(a) mining registrar chief executive section 103(1) mining registrar chief executive section 104(1) to (4) mining registrar chief executive section 105(1), mining registrar (5) and (6) Minister section 105(4)(b) mining registrar chief executive section 106(1) A mining registrar who If the Minister section 106(1) may— the Minister may— section 106(2) A mining registrar who If the Minister section 106(2)(b) the mining registrar the Minister Page 126 2013 Act No. 10

Mining and Other Legislation Amendment Act 2013 Schedule 1 Column 1 Provision section 106(2) Column 2 Words omitted may Column 3 Words inserted the Minister may section 106(3) A mining registrar The Minister section 106(3) the mining registrar the Minister section 106(4) A mining registrar who If the Minister section 106(4) claim claim, the Minister section 106(5) mining registrar’s Minister’s section 109(2) and (4) mining registrar Minister section 112, heading Mining registrar Minister section 112(1) mining registrar Minister section 113 a mining registrar the Minister section 116 a mining registrar the Minister section 117(1) mining registrar chief executive section 120(1)(c), (2) and (3) mining registrar Minister section 122(2) to (5) mining registrar chief executive section 144(15) mining registrar chief executive 2013 Act No. 10 Page 127

Mining and Other Legislation Amendment Act 2013 Schedule 1 Column 1 Provision section 175, heading Column 2 Words omitted Mining registrar section 175(1) and (5) mining registrar section 175(5)(a) mining registrar’s section 182(1)(a) mining registrar section 183(1)(h), (i) and (l) mining registrar section 184 mining registrar section 189(1) and (2) mining registrar section 190(7) mining registrar section 208(1) mining registrar section 223, heading Mining registrar section 223(1) and (5) mining registrar section 223(5)(a) mining registrar’s section 230(1), mining registrar (2) and (5) Column 3 Words inserted Chief executive chief executive chief executive’s chief executive chief executive chief executive chief executive chief executive chief executive Chief executive chief executive chief executive’s chief executive Page 128 2013 Act No. 10

Mining and Other Legislation Amendment Act 2013 Schedule 1 Column 1 Provision section 231(1) Column 2 Words omitted mining registrar section 231C(c) mining registrar and (d) section 237(2)(a) mining registrar section 238(1)(b) mining registrar section 242, heading mining registrar section 242 mining registrar section 242(1) mining registrar’s section 245(1)(h), (j) and (o) and (2) mining registrar section 245(1)(o)(i) mining registrar’s section 246 mining registrar section 248(4) and (5) mining registrar section 249(1), mining registrar (3) and (5) to (8) section 250, heading mining registrar Column 3 Words inserted chief executive chief executive chief executive chief executive chief executive chief executive chief executive’s chief executive chief executive’s chief executive chief executive chief executive chief executive 2013 Act No. 10 Page 129

Mining and Other Legislation Amendment Act 2013 Schedule 1 Column 1 Provision section 250(1), (2), (4) and (7) Column 2 Words omitted mining registrar Column 3 Words inserted chief executive section 251(2)(b) mining registrar chief executive section 252(1), mining registrar (2) and (5) chief executive section 252(7), definition relevant period , paragraph (b) mining registrar chief executive section 252A(2), (4) and (5) mining registrar chief executive section 252A(5) post and keep posted at the registrar’s office a copy of the certificate keep a copy of the certificate available for inspection at the places the chief executive considers appropriate section 252B(2)(b), (6) and (8) mining registrar chief executive section 252B(9), definitions approved and notice period mining registrar chief executive section 252C(1) mining registrar chief executive section 252D(1) mining registrar chief executive section 253 mining registrar chief executive Page 130 2013 Act No. 10

Mining and Other Legislation Amendment Act 2013 Schedule 1 Column 1 Provision section 260(1) Column 2 Words omitted mining registrar section 261(1)(a) mining registrar section 265(2), (4), (5)(a) and (7) mining registrar section 266, heading Mining registrar section 266 At section 266 a mining registrar, who section 266 application, may section 267 mining registrar section 268(10), mining registrar definition, application section 271A(2)(a) mining registrar section 272(2)(a) mining registrar section 279(5) mining registrar section 279A(2) mining registrar and (3) section 281(1) mining registrar Column 3 Words inserted chief executive chief executive chief executive Chief executive If, at the chief executive application, the chief executive may chief executive chief executive chief executive chief executive chief executive chief executive chief executive 2013 Act No. 10 Page 131

Mining and Other Legislation Amendment Act 2013 Schedule 1 Column 1 Provision section 282(2)(b) Column 2 Words omitted mining registrar Column 3 Words inserted chief executive section 285(4) mining registrar chief executive section 286(1) mining registrar chief executive section 289, heading Mining registrar Chief executive section 289(1) mining registrar chief executive section 290(5)(a) mining registrar chief executive section 294(5) mining registrar chief executive section 295(5) mining registrar chief executive section 296(1) mining registrar chief executive section 297(1)(b) mining registrar chief executive section 298(1), mining registrar (3A)(b), (4) and (6) chief executive section 299(1) mining registrar for the mining district in which the major portion of the combined areas of the mining leases are situated chief executive section 299(3) mining registrar chief executive Page 132 2013 Act No. 10

Mining and Other Legislation Amendment Act 2013 Schedule 1 Column 1 Provision section 307(1) to (3) Column 2 Words omitted mining registrar Column 3 Words inserted chief executive section 308(3) mining registrar chief executive section 309(2) and (7)(b)(ii) mining registrar chief executive section 313(2) mining registrar chief executive section 314(1), mining registrar (2) and (5) chief executive section 316(3) mining registrar for the applicant’s current mining lease chief executive section mining registrar 318AAD(c), (d) and (f) chief executive section 318AAE(1) mining registrar chief executive section 318BI(2) mining registrar chief executive section 324(1) mining registrar chief executive section 327(2) place, at the mining place registrar’s office section 327(7) mining registrar for the mining district in which the dwelling house is situated chief executive 2013 Act No. 10 Page 133

Mining and Other Legislation Amendment Act 2013 Schedule 1 Column 1 Provision section 334N(2)(b) Column 2 Words omitted mining registrar Column 3 Words inserted chief executive section 334V, definition person , paragraph (d) a mining registrar the chief executive section 334Y(2), (3) and (5) mining registrar Minister section 334Z(2) mining registrar and (7) chief executive section 364(1) mining registrar in the mining district in which the property or thing is situated chief executive section 364(2) a mining registrar, the chief executive, the chief executive the mining registrar section 364(2) to the mining registrar to the chief executive section 364(4) mining registrar chief executive section 387(1)(a) section 387(1)(b) section 388(1) with a mining under this Act registrar by a mining registrar under this Act Minister, the chief executive or a mining registrar Minister or chief executive Page 134 2013 Act No. 10

Mining and Other Legislation Amendment Act 2013 Schedule 1 Column 1 Provision section 390(4) Column 2 Words omitted Column 3 Words inserted mining registrar is or, where the applications are lodged with different mining registrars, those registrars are chief executive is section 390(4) mining registrar or registrars chief executive section 390(5) mining registrar chief executive section 392(1) Court, the tribunal or Court or the tribunal a mining registrar section 392(1) Court, the tribunal or, as the case may be, a mining registrar who is Court or the tribunal may, if section 392(1) thing may thing, section 401A(2) mining registrar chief executive section 404A(3)(b) mining registrar chief executive section 417(2)(f) mining registrar chief executive section 417(2)(k) mining registrars authorised officers schedule 1, section 5(3) mining registrar chief executive 2013 Act No. 10 Page 135

Mining and Other Legislation Amendment Act 2013 Schedule 1 Column 1 Provision Column 2 Words omitted schedule 1, mining registrar section 9(1) and (3) schedule 1, section 16(3) mining registrar schedule 1A, mining registrar section 430A(2) schedule 1A, section 431(1)(b) and (2)(b) mining registrar schedule 1A, section 432(1) mining registrar schedule 1A, section 435(4)(b) mining registrar schedule 1A, section 436(1) mining registrar schedule 1A, mining registrar section 436A(1) and (2) schedule 1A, section 437 mining registrar schedule 1A, section 438, heading Mining registrar schedule 1A, section 438 mining registrar Column 3 Words inserted chief executive chief executive chief executive chief executive chief executive chief executive chief executive chief executive chief executive Chief executive chief executive Page 136 2013 Act No. 10

Mining and Other Legislation Amendment Act 2013 Schedule 1 Column 1 Provision schedule 1A, section 471(6)(a) Column 2 Words omitted mining registrar schedule 1A, section 471(6)(d) and (7) mining registrar schedule 1A, section 478(6)(a) mining registrar schedule 1A, section 486(2)(b) mining registrar schedule 1A, section 487, heading mining registrar schedule 1A, section 487(1) and (3) mining registrar schedule 1A, section 490(4)(b) mining registrar schedule 1A, section 491(1) mining registrar schedule 1A, mining registrar section 491A(1) and (2) schedule 1A, section 492 mining registrar Column 3 Words inserted chief executive Minister chief executive chief executive chief executive chief executive chief executive chief executive chief executive chief executive 2013 Act No. 10 Page 137

Mining and Other Legislation Amendment Act 2013 Schedule 1 Column 1 Provision schedule 1A, section 493, heading Column 2 Words omitted Mining registrar schedule 1A, section 493(1) mining registrar schedule 1A, section 524(3)(b) and (4) mining registrar schedule 1A, section 542(2)(b) mining registrar schedule 1A, section 543, heading mining registrar schedule 1A, section 543(1) and (3) mining registrar schedule 1A, section 546(4)(b) mining registrar schedule 1A, section 547(1) mining registrar schedule 1A, mining registrar section 547A(1) and (2) schedule 1A, section 548 mining registrar Column 3 Words inserted Chief executive chief executive chief executive chief executive chief executive chief executive chief executive chief executive chief executive chief executive Page 138 2013 Act No. 10

Mining and Other Legislation Amendment Act 2013 Schedule 1 Column 1 Provision schedule 1A, section 549, heading Column 2 Words omitted Mining registrar schedule 1A, section 549(1) mining registrar schedule 1A, section 581(3)(b) and (4) mining registrar schedule 1A, section 652(3)(b) mining registrar schedule 1A, section 653(1)(e)(ii) and (1)(i) mining registrar schedule 1A, section 654, heading mining registrar schedule 1A, section 654(1) and (3) mining registrar schedule 1A, section 656, heading mining registrar schedule 1A, section 656(1) and (2) mining registrar Column 3 Words inserted Chief executive chief executive chief executive chief executive chief executive chief executive chief executive chief executive chief executive 2013 Act No. 10 Page 139

Mining and Other Legislation Amendment Act 2013 Schedule 1 Column 1 Provision schedule 1A, section 657(1)(b) Column 2 Words omitted mining registrar schedule 1A, section 658(2) and (3) mining registrar schedule 1A, section 666(2)(a) mining registrar schedule 1A, section 668(2)(b) and (4) to (6) mining registrar schedule 1A, section 669(2)(a) and (3) mining registrar schedule 1A, section 669(6), definition pre-referral period , paragraphs (a)(ii) and (b)(ii) mining registrar schedule 1A, section 678(2)(b) mining registrar schedule 1A, section 695(3)(b) and (5)(a) mining registrar Column 3 Words inserted chief executive chief executive chief executive chief executive chief executive chief executive chief executive chief executive Page 140 2013 Act No. 10

Mining and Other Legislation Amendment Act 2013 Schedule 1 Column 1 Provision schedule 1A, section 705(3)(b) and (5)(a) Column 2 Words omitted mining registrar schedule 1A, section 714(3) and (4) mining registrar schedule 1A, section 714(4)(b)(i) mining registrar’s schedule 1A, section 715(3) and (4) mining registrar schedule 1A, section 715(4)(b)(i) mining registrar’s Column 3 Words inserted chief executive chief executive chief executive’s chief executive chief executive’s 2 Omission of references to mining registrar etc. Each provision mentioned in column 1 is amended by omitting the words mentioned in column 2— Column 1 Provision Column 2 Words omitted section 10AA(2) or a mining registrar section 79(1) instruct the mining registrar to section 318AAR(2) or mining registrar section 318AAY(2) or mining registrar section 318AAZ(1) and (2) or mining registrar 2013 Act No. 10 Page 141

Mining and Other Legislation Amendment Act 2013 Schedule 1 Column 1 Provision Column 2 Words omitted section 318AAZG(2)(b) or mining registrar section 318AAZM(1) , or mining registrar, section 318AAZQ(1)(a) or mining registrar section 318AAZR(1)(c) and (2) or mining registrar section 386M(1) and (2) or mining registrar section 386N(1) and (2) or mining registrar section 387C(8), definition mining or a mining registrar tenement particulars section 387C(8), definition personal or a mining registrar information section 389(3) or, as the case may be, mining registrar section 389(3) or mining registrar 3 References to particular officers Each provision mentioned in column 1 is amended by omitting the words mentioned in column 2 and inserting the words mentioned in column 3— Column 1 Provision Column 2 Words omitted Column 3 Words inserted section 335A(1) a relevant officer and (3)(c) an authorised officer section 335A(2) relevant officer and (3)(a) and (b) authorised officer section 335B(1)(a) and (b), (3)(b), (4) relevant officer authorised officer Page 142 2013 Act No. 10

Mining and Other Legislation Amendment Act 2013 Schedule 1 Column 1 Provision Column 2 Words omitted Column 3 Words inserted section 335E, heading relevant officer’s authorised officer’s section 335E a relevant officer’s an authorised officer’s section 335F(1), a relevant officer (2)(a), (b) and (c) an authorised officer section 335G(1) relevant officer and (2) authorised officer section 335H(1) relevant officer and (3) authorised officer section 335H(2) relevant officer’s authorised officer’s section 335I(2) relevant officer authorised officer section 335J, heading Relevant officer’s Authorised officer’s section 335J relevant officer authorised officer section 393, heading mining registrar etc. authorised officer section 393(1)(a) , mining registrar, deputy mining registrar, field officer or other officer authorised under this Act or an authorised officer section 399(2) , mining registrar, deputy mining registrar, field officer or any other officer authorised under this Act or person authorised officer or other person section 400, heading mining registrar etc. authorised officer section 400 a mining registrar, deputy mining registrar, field officer or other authorised officer an authorised officer 2013 Act No. 10 Page 143

Mining and Other Legislation Amendment Act 2013 Schedule 1 Column 1 Provision section 400 section 401 section 401 section 402(2) section 402(2) section 404(a) section 405(1) section 411(1) section 411(2) section 413(2) and (3) Column 2 Words omitted Column 3 Words inserted the mining registrar, deputy mining registrar, field officer or other authorised officer the authorised officer mining registrar, deputy mining registrar, field officer, other authorised officer or anyone an authorised officer or anyone mining registrar, deputy mining registrar, field officer, other authorised officer or other the authorised officer or other a mining registrar, deputy mining registrar or a field officer, any other officer authorised under this Act an authorised officer them the authorised officer a bailiff, mining registrar, deputy mining registrar, field officer or other authorised officer an authorised officer or bailiff a mining registrar, deputy mining registrar, field officer or other authorised officer an authorised officer a mining registrar, deputy mining registrar, field officer, other authorised officer an authorised officer A mining registrar, deputy mining registrar, field officer, other authorised officer An authorised officer chief executive, a mining registrar, deputy mining registrar, field officer or other authorised officer chief executive or an authorised officer Page 144 2013 Act No. 10

Mining and Other Legislation Amendment Act 2013 Schedule 1 Column 1 Provision Column 2 Words omitted schedule 1, a relevant officer section 20(2)(a) schedule 1, the relevant officer section 21(2)(a) schedule 1, a relevant officer section 22(1)(a) schedule 1, the relevant officer section 22(1)(a) Column 3 Words inserted an authorised officer the authorised officer an authorised officer the authorised officer 4 Section 344, heading, ‘pt 5’— omit, insert— ‘pt 4’. Penalties and Sentences Act 1992 1 Section 8A(2)(d)— omit. Public Trustee Act 1978 1 Section 124(1), ‘titles, mining registrar’— omit, insert— ‘titles’. © State of Queensland 2013 Authorised by the Parliamentary Counsel 2013 Act No. 10 Page 145