North Stradbroke Island Protection and Sustainability and Another Act Amendment Act 2013 (Qld)

North Stradbroke Island Protection and Sustainability and Another Act Amendment Act 2013

Queensland North Stradbroke Island Protection and Sustainability and Another Act Amendment Act 2013 Act No. 63 of 2013

Queensland North Stradbroke Island Protection and Sustainability and Another Act Amendment Act 2013 Contents Part 1 1 2 Part 2 3 4 5 6 7 8 9 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Amendment of North Stradbroke Island Protection andSustainability Act 2011 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Amendment of s 2 (Object of Act) . . . . . . . . . . . . . . . . . . . . . . . . 4 Amendment of s 5 (Meaning of North Stradbroke Island Region) 5 Amendment of s 9 (Termination of mining lease 1109) . . . . . . . . 5 Amendment of s 10 (Particular NSI mining interests not to be renewed) .................................... 6 Amendment of s 11 (Renewal of particular NSI mining leases) . . 6 Insertion of new ss 11A–11J . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 11A Mining lease 1120 no longer subject to particular condition for renewal . . . . . . . . . . . . . . . . . . . . . . . . . 6 11B Mining leases 1105, 1109, 1117 and 1120 can be renewed ............................ 7 11C Application for renewal of mining leases . . . . . . . . . . 8 11D Decision on application . . . . . . . . . . . . . . . . . . . . . . . 9 11E Provisions about particular leases if renewed . . . . . . 9 11F Limitation of review and appeal . . . . . . . . . . . . . . . . . 10 11G Continuation of lease while application being dealt with . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 11H When term of renewed lease starts . . . . . . . . . . . . . . 11 11I When new conditions of renewed lease start . . . . . . . 11 11J Application of Mineral Resources Act not limited . . . . 12

North Stradbroke Island Protection and Sustainability and Another Act Amendment Act 2013 Contents 10 11 12 13 14 15 Part 3 16 17 Amendment of s 14 (Prohibition on grant of NSI mining interest) Amendment of s 15 (Purpose of div 3). . . . . . . . . . . . . . . . . . . . . Replacement of ss 16 to 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Replacement of environmental authority MIN100971509 ...................... Insertion of new ss 23 and 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . Insertion of new sch 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schedule 2A Environmental authority EPML00575913 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Vegetation Management FrameworkAmendment Act 2013 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 47 (Insertion of new pt 2, div 6, sdiv 1A) . . . . . . 13 13 13 13 13 14 14 14 41 41 41 Page 2 2013 Act No. 63

Queensland North Stradbroke Island Protection and Sustainability and Another Act Amendment Act 2013 Act No. 63 of 2013 An Act to amend the North Stradbroke Island Protection and SustainabilityAct 2011 and the Vegetation Management Framework Amendment Act 2013 for particular purposes [Assented to 27 November 2013]

North Stradbroke Island Protection and Sustainability and Another Act 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 North Stradbroke Island Protection and Sustainability and Another Act Amendment Act 2013 . 2 Commencement This Act, other than part 3, commences on a day to be fixed by proclamation. Part 2 Amendment of North Stradbroke Island Protection and Sustainability Act 2011 3 Act amended This part amends the North Stradbroke Island Protection andSustainability Act 2011. 4 Amendment of s 2 (Object of Act) (1) Section 2, from ‘substantially’ to ‘2025’— omit, insert— manage the duration of mining interests over land in the North Stradbroke Island Region, and end mining in the region by the end of 2035 (but allow for Page 4 2013 Act No. 63

North Stradbroke Island Protection and Sustainability and Another Act Amendment Act 2013 Part 2 Amendment of North Stradbroke Island Protection and Sustainability Act 2011 [s 5] rehabilitation of land in the region to happen up until the end of 2040) (2) Section 2— insert— (c) to assist the transition of the economy of the region from reliance on the mining industry to other industries. 5 Amendment of s 5 (Meaning of North Stradbroke Island Region) Section 5, editor’s note— omit, insert— Editor’s note — The map titled ‘NSI 1’ may be viewed on the department’s website at < 6 Amendment of s 9 (Termination of mining lease 1109) (1) Section 9, heading, after ‘1109’— insert— if not renewed (2) Section 9(1), from ‘, and’ to ‘renewed’— omit. (3) Section 9(2)— insert— Note — However, see section 11B for mining lease 1109. 2013 Act No. 63 Page 5

North Stradbroke Island Protection and Sustainability and Another Act Amendment Act 2013 Part 2 Amendment of North Stradbroke Island Protection and Sustainability Act 2011 [s 7] 7 Amendment of s 10 (Particular NSI mining interests not to be renewed) (1) Section 10(3)— insert— Note — However, see section 11B for mining lease 1105. (2) Section 10(4), definition relevant NSI mining interest , paragraph (b), second occurring— renumber as paragraph (c). 8 Amendment of s 11 (Renewal of particular NSI mining leases) (1) After section 11(2)(b)(i)— insert— Note — However, see section 11A for mining lease 1120. (2) After section 11(5)— insert— Note — However, see section 11B for mining leases 1117 and 1120. 9 Insertion of new ss 11A–11J After section 11— insert — 11A Mining lease 1120 no longer subject to particular condition for renewal (1) On the commencement of this section, mining lease 1120 is no longer subject to the condition stated opposite the mining lease in schedule 1, column 3. Page 6 2013 Act No. 63

North Stradbroke Island Protection and Sustainability and Another Act Amendment Act 2013 Part 2 Amendment of North Stradbroke Island Protection and Sustainability Act 2011 [s 9] (2) Subsection (1) applies despite section 11(2)(b)(i) and anything to the contrary in the MineralResources Act that applies to the mining lease in relation to that condition. 11B Mining leases 1105, 1109, 1117 and 1120 can be renewed (1) This section applies to each of the following mining leases— (a) 1105; (b) 1109; (c) 1117; (d) 1120. (2) The mining lease can, under sections 11C to 11E, be renewed. (3) Subsection (2) applies— (a) for mining lease 1105—despite section 10(2) and (3); and (b) for mining lease 1109—despite section 9(2); and (c) for mining leases 1117 and 1120—despite section 11(5) and (6); and (d) despite anything to the contrary in the MineralResourcesAct that applies to the mining lease in relation to that condition. (4) Also, to remove any doubt, it is declared subsection (2) applies to mining leases 1117 and 1120 despite section 8(3) and (4). 2013 Act No. 63 Page 7

North Stradbroke Island Protection and Sustainability and Another Act Amendment Act 2013 Part 2 Amendment of North Stradbroke Island Protection and Sustainability Act 2011 [s 9] 11C Application for renewal of mining leases (1) The holder of mining lease 1105, 1109, 1117 or 1120 may, within the renewal period, apply to the Minister for renewal of the mining lease. (2) The application must be— (a) made in the approved form; and (b) accompanied by the fee prescribed under a regulation; and (c) accompanied by a statement about the following matters— (i) the term for which the mining lease is sought to be renewed; (ii) for parcels of land the whole or part of which are the subject of the application— (A) a description of the parcels; and (B) the current use of the land; and (C) the name and address of the owner of the land and the name and address of any other land that may be used to access the land. (3) In this section— renewal period means the period that is— (a) at least 6 months, or any shorter period allowed by the Minister, before the current term of the lease expires; and (b) not more than 1 year before the current term expires. Page 8 2013 Act No. 63

North Stradbroke Island Protection and Sustainability and Another Act Amendment Act 2013 Part 2 Amendment of North Stradbroke Island Protection and Sustainability Act 2011 [s 9] 11D Decision on application (1) If the Minister considers that an application under section 11C has been properly made the Minister must renew the relevant mining lease. (2) The renewed lease is subject to— (a) the conditions stated in section 11E; and (b) any conditions prescribed under a regulation; and (c) any conditions decided by the Minister. (3) As soon as practicable after renewing the lease, the Minister must give the holder a written notice stating— (a) when the renewal starts; and (b) any conditions decided by the Minister to which the renewed lease is subject. 11E Provisions about particular leases if renewed (1) The following apply for any renewal of mining lease 1109— (a) after 31 December 2015, the winning of a mineral from the place where it occurs in the area of the lease is not an authorised activity for the lease; (b) the mining lease ends at the end of 31 December 2020 and can not be renewed beyond that date. (2) The following apply for any renewal of mining lease 1105, 1117 or 1120— (a) the winning of a mineral from the place where it occurs in the area of the lease is an authorised activity for the lease; (b) if, because of the renewal, the lease ends after 31 December 2035— 2013 Act No. 63 Page 9

North Stradbroke Island Protection and Sustainability and Another Act Amendment Act 2013 Part 2 Amendment of North Stradbroke Island Protection and Sustainability Act 2011 [s 9] (i) after 31 December 2035, the winning of a mineral from the place where it occurs in the area of the lease is not an authorised activity for the lease; and (ii) the mining lease ends at the end of 31 December 2040 and can not be renewed beyond that date. (3) In this section— authorised activity , for a lease, see the MineralResources Act, schedule 2. 11F Limitation of review and appeal (1) This section applies in relation to a decision of the Minister made under section 11D. (2) Unless the Supreme Court decides that the decision is affected by jurisdictional error, the decision— (a) is final and conclusive; and (b) can not be challenged, appealed against, reviewed, or called in question in any other way, under the EnvironmentalProtectionAct or any other Act or law (whether by the Supreme Court, or another court, a tribunal or another entity); and (c) is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground. 11G Continuation of lease while application being dealt with (1) Subsection (2) applies, subject to section 11I, if— Page 10 2013 Act No. 63

North Stradbroke Island Protection and Sustainability and Another Act Amendment Act 2013 Part 2 Amendment of North Stradbroke Island Protection and Sustainability Act 2011 [s 9] (a) a properly made application for renewal of a mining lease under section 11C is not withdrawn or granted before the lease’s expiry day ends; and (b) after the expiry day, the holder— (i) continues to pay rental on the lease and other amounts required to be paid under the Mineral Resources Act; and (ii) otherwise complies with this Act and the lease conditions. (2) The lease continues in force subject to the rights, entitlements and obligations in effect immediately before the end of the expiry day until the application is withdrawn or granted. (3) In this section— expiry day , for a mining lease, means the day the lease expires under its terms. 11H When term of renewed lease starts (1) If, under section 11D, a mining lease (other than mining lease 1109) is renewed before its expiry day ends, the term of the renewed lease starts on the day after the expiry day. (2) If the lease is renewed after the expiry day, the term of the renewed lease is taken to have started on the day after the expiry day. (3) In this section— expiry day , for a mining lease, means the day the lease expires under its terms. 11I When new conditions of renewed lease start (1) If a renewed mining lease is subject to conditions (the new conditions ) different from, or not 2013 Act No. 63 Page 11

North Stradbroke Island Protection and Sustainability and Another Act Amendment Act 2013 Part 2 Amendment of North Stradbroke Island Protection and Sustainability Act 2011 [s 9] included in, the lease conditions applying immediately before its renewal, the new conditions apply from the later of the following— (a) the start of the term of the renewed lease; (b) the day the renewal is granted. (2) However, if the lease is continued in force under section 11G the holder must pay rental on the lease from the day after its expiry day at the rate that would have been payable, from time to time, if the renewed mining lease had been renewed on the day after the expiry day. (3) Subsection (2) applies even though payment of rental may be a condition of the lease. 11J Application of Mineral Resources Act not limited (1) Subject to section 11E, the renewal of a mining lease under section 11D does not limit the application of any provisions of the MineralResourcesAct to the renewed mining lease, including, for example, provisions about cancelling a mining lease or reducing its area. (2) To remove any doubt, it is declared that a reference to a mining lease renewed under section 11D is taken to be a reference to a mining lease— (a) originally granted under the MineralResources Act, but renewed under this Act; and (b) to which the MineralResourcesAct continues to apply under this section. Page 12 2013 Act No. 63

North Stradbroke Island Protection and Sustainability and Another Act Amendment Act 2013 Part 2 Amendment of North Stradbroke Island Protection and Sustainability Act 2011 [s 10] 10 Amendment of s 14 (Prohibition on grant of NSI mining interest) Section 14— insert — (2) Subsection (1) does not apply to the renewal of a mining lease under section 11D. 11 Amendment of s 15 (Purpose of div 3) Section 15, ‘amendment’— omit, insert — replacement and further amendment 12 Replacement of ss 16 to 21 Sections 16 to 21— omit, insert — 17 Replacement of environmental authority MIN100971509 (1) On the commencement of this section, environmental authority MIN100971509, issued under the EnvironmentalProtectionAct, is replaced by the environmental authority shown in schedule 2A (the new authority ). (2) The new authority is taken to be an environmental authority for the EnvironmentalProtection Act. (3) The replacement does not limit the application of any provisions of the EnvironmentalProtectionAct to the new authority. 13 Insertion of new ss 23 and 24 Part 3— insert — 2013 Act No. 63 Page 13

North Stradbroke Island Protection and Sustainability and Another Act Amendment Act 2013 Part 2 Amendment of North Stradbroke Island Protection and Sustainability Act 2011 [s 14] 23 Approved forms (1) The chief executive may approve forms for use under this Act. (2) A form may be approved for use under this Act that is combined with, or is to be used together with, an approved form under another Act. 24 Regulation-making power (1) The Governor in Council may make regulations under this Act. (2) A regulation may be made about the following matters— (a) the fees to be paid under this Act; (b) the conditions which may be imposed for the renewal of a mining lease under section 11D. 14 Insertion of new sch 2A After schedule 2— insert — Schedule 2A Environmental authority EPML00575913 section 17 Page 14 2013 Act No. 63

North Stradbroke Island Protection and Sustainability and Another Act Amendment Act 2013 Part 3 Amendment of Vegetation Management Framework Amendment Act 2013 [s 15] 15 Amendment of sch 3 (Dictionary) Schedule 3, definition environmental authority — omit . Part 3 Amendment of Vegetation Management Framework Amendment Act 2013 16 Act amended This part amends the VegetationManagementFrameworkAmendment Act 2013 . 17 Amendment of s 47 (Insertion of new pt 2, div 6, sdiv 1A) (1) Section 47, inserted section 22DAB(2)(d) and (3)— omit. (2) Section 47, inserted 22DAB(2)(e) to (h)— renumber as section 47, inserted section 22DAB(d) to (g). (3) Section 47, inserted section 22DAB(4), ‘subsection (2)(g)’— omit, insert— subsection (2)(f) (4) Section 47, inserted section 22DAB(4)— renumber as section 47, inserted section 22DAB(3). (5) Section 47, inserted section 22DAC(1)(e) and (i)— omit. 2013 Act No. 63 Page 41

North Stradbroke Island Protection and Sustainability and Another Act Amendment Act 2013 Part 3 Amendment of Vegetation Management Framework Amendment Act 2013 [s 17] (6) Section 47, inserted section 22DAC(1)(f), ‘section 22DAB(2)(g)’— omit, insert— section 22DAB(2)(f) (7) Section 47, inserted section 22DAC(1)(h), ‘relates; and’— omit, insert— relates. (8) Section 47, inserted section 22DAC(1)(f) to (h)— renumber as section 47, inserted section 22DAC(1)(e) to (g). © State of Queensland 2013 Authorised by the Parliamentary Counsel Page 42 2013 Act No. 63