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Environmental Protection and Other Legislation Amendment Bill 2008
Environmental Protection and Other
Legislation Amendment Bill 2008
Explanatory Notes
General Outline
Short Title
The short title of the Bill is the Environmental Protection and Other
Legislation Amendment Bill 2008.
Policy Objectives of the Legislation
The principle objective of the Bill is to amend the Environmental
Protection Act 1994 to provide a system to transition the environmental
regulation of mines regulated by special agreement Acts (SAAs) to
regulation under the EP Act. The Bill is not intended to affect any other
rights granted under an SAA, including the right to mine.
Reasons for the Bill
This Bill is necessary to implement the report of the Service Delivery and
Performance Commission which recommended appropriate legislation
enabling the transition of SAA mines from their current system of
environmental regulation to environmental regulation under the
Environmental Protection Act 1994. The Bill provides for amendments to
the following Acts:
· Environmental Protection Act 1994;
· Integrated Planning Act 1997; and
· Mineral Resources Act 1989.
The Environmental Protection Act 1994 is amended to insert a new
subdivision that provides a system to transition environmental regulation of
SAA mines to an environmental authority (mining projects) under the
Environment Protection Act 1994.
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Environmental Protection and Other Legislation Amendment Bill 2008
The Bill also makes consequential amendments to the Integrated Planning
Act 1997 and the Mineral Resources Act 1989.
Estimated Cost for Implementation
Administration of the environmental regulation of the SAA mines under
the Environmental Protection Act 1994 will require 2-3 staff.
Consistency with Fundamental Legislative Principles
Section 4 of the Legislative Standards Act 1992 requires that legislation
have sufficient regard to the rights and liberties of individuals. Whether
legislation has sufficient regard to the rights and liberties of individuals
depends on whether, for example:
· the legislation makes rights and liberties, or obligations,
dependant on administrative power only if the power is
sufficiently defined and subject to appropriate review;
· the legislation does not reverse the onus of proof in criminal
proceedings without adequate justification; or
· the legislation adversely affects right and liberties, or imposes
obligations, retrospectively.
The new section 616I of the Environmental Protection Act 1994, `Financial
assurance for transitional authority (SAA)', may raise an issue in relation
to the absence of appeal/review rights outside of the Judicial Review Act
1991. This is not a breach of a fundamental legislative principle, as under
section 616I, the administering authority decides what would have been the
amount of security required had the amount been decided on the
commencement. The administering authority only has to make this
decision where security for a project has to be split into security under the
Mineral Resources Act 1989 and financial assurance under the
Environmental Protection Act 1994 for a specific mining leases within a
mining project. The administering authority cannot decide that the amount
should be greater than the amount required prior to commencement under
the Mineral Resources Act 1989 or the relevant SAA. Therefore, this
provision cannot disadvantage the mining lease holder. Furthermore the
holder can initiate a review by submitting a new plan of operations or
seeking the amendment of the financial assurance. Objection and appeal
rights also exist for a mining company that seeks to have the amount of
financial assurance reduced and such appeals are decided at a hearing
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Environmental Protection and Other Legislation Amendment Bill 2008
before a specialist court (the Land Court) that is competent to hear all
complaints and make recommendations to the ultimate decision-maker.
This role reduces the need for administrative review at an earlier stage.
The new section 616J in the Environmental Protection Act 1994, `Effect of
financial assurance on security', may affect the rights of third parties (e.g.
financiers). This is not a breach of fundamental legislative principles as
financiers and mortgagees have never had a right to claim the financial
assurance beyond the amount that the State agrees to release because it is
surplus to the amount needed to cover the cost of rehabilitation or repairing
environmental harm. In addition, the financier or other third party is not
exposed to any increased risk. The security given under the Mineral
Resources Act 1989 covered environmental and tenure matters. The effect
of this section is merely to declare that, although the original guarantee or
cash is now available for the same environmental risks (now under the
Environmental Protection Act 1994), it remains available for the tenure
related issues under the Mineral Resources Act 1989. There is no change in
the total liability and the rights of any third party financiers are not affected
in substance.
The new section 616X (Ministerial power to amend) allows the Minister to
amend the transitional authority (SAA) to deal with unanticipated
problems that may arise with deemed authorities. This is necessary because
some older mining projects (particularly those with leases issued prior to
the introduction of the Mineral Resources Act 1989) have no clear
environmental conditions. This provision is only likely to be used when a
mining project is possibly causing unlawful environmental harm and there
are no grounds for the administering authority to instigate an appropriate
amendment. The intent of the provision is to maintain and protect existing
rights and privileges, which could otherwise be unintentionally adversely
affected by the transitional provisions. Certain decisions on mining projects
have always been made at a Ministerial level and are non-appellable except
pursuant to the Judicial Review Act 1991. This situation continued
following the transition of the non-SAA mines to the EP Act in 2001 as
reflected in section 606 of the EP Act. The former Minister for
Environment and Heritage did not use section 606 for any of the 5,400
mining tenements that transitioned into the EP Act in 2001. Despite that,
section 616X provides a safety net for the more complex arrangements for
the SAA mines.
No potential breaches of fundamental legislative principles have been
identified for the remainder of the amendments in this Bill.
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Environmental Protection and Other Legislation Amendment Bill 2008
Consultation
The Environmental Protection Agency has consulted with the affected
SAA mining companies on the draft Bill. Feedback was considered as part
of the drafting of the Bill. In general, the SAA companies support the
legislative changes. Relevant government departments were consulted as
part of the Cabinet process in developing the Bill.
Notes on Provisions
Part 1 Preliminary
Clause 1 Short title
This clause states that the Act may be cited as the Environmental
Protection and Other Legislation Amendment Act 2008.
Part 2 Amendment of Environmental
Protection Act 1994
Clause 2 Act amended in pt 2
This clause states that this part amends the Environment Protection Act
1994.
Clause 3 Amendment of s 520 (Dissatisfied person)
This clause expands the definition of dissatisfied person in relation to
review of original decisions and appeals to include registered operators of
Chapter 4 activities. A Chapter 4 activity is an environmentally relevant
activity that is not a mining or petroleum activity.
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Environmental Protection and Other Legislation Amendment Bill 2008
Clause 4 Amendment of s 584 (Definitions for pt 2)
This clause inserts a definition of `amendment notice' as a cross-reference.
Clause 5 Replacement of ch 13, pt 2, div 6 hdg
(Miscellaneous provisions)
This clause changes the heading from `Miscellaneous provisions' to
`Original provisions about special agreement Acts' to more accurately
reflect the nature of the sections contained in that division.
Clause 6 Relocation and renumbering of s 613
This clause relocates section 613 to chapter 13, part 2, division 8 and
renumbers it as 616ZD in the Act. This amendment is consequential to the
transitioning of the special agreement Act mines to environmental
authorities, specifically because a new Division for this purpose has been
inserted and the Miscellaneous provisions which apply to the whole of this
Part have been moved to later in the Act
Clause 7 Amendment of s 614 (Existing Act continues to
apply for special agreement Acts)
This clause relocates the definition of `special agreement Act' to section
584 and replaces subsection (2) to provide that the SAAs will cease to
apply for environmental conditions at the commencement of division 7 of
Chapter 13 Part 2.
Clause 8 Omission of s 616 (Reference to renumbered
provision)
This clause omits section 616. This section is now obsolete with reference
to current drafting practices.
Clause 9 Insertion of new ch 13, pt 2, div 7 and div 8 hdg
This clause inserts a new subdivision to transition special agreement Act
mines to environmental authorities under the Environment Protection Act
1994.
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Environmental Protection and Other Legislation Amendment Bill 2008
Division 7 Provisions about special agreement
Acts inserted under Environmental
Protection and Other Legislation
Amendment Act 2008
Subdivision 1 Preliminary
Section 615 Definitions for div 7
This section defines certain terms for the purposes of Chapter 13 Part 2
Division 7.
Section 616 What is a condition under a special agreement Act
This section defines what is meant by a "condition" under a SAA for the
purpose of this division. The current environmental specifications for the
SAA mines are spread across a number of documents. This section is to
ensure that all of these environmental specifications are taken to be
conditions for the transitional authority (SAA).
"Condition" includes any condition determined, imposed or prescribed
under the Mineral Resources Act 1989.
"Condition" also includes any commitments, obligations, requirements or
undertakings contained in the most recent version of any planning
document for a lease adopted by the Department of Mines and Energy. The
section lists the relevant "planning documents" for the purposes of this
section.
This section mirrors section 585 that was inserted by the Environmental
Protection and Other Legislation Amendment Act 2000 transitional
provisions which transitioned non-special agreement Act mines to
environmental authorities.
Section 616A EPA provisions prevail
This section clarifies that, if there is any inconsistency between a provision
in a special agreement Act and the Environment Protection Act 1994, then
the Environmental Protection Act 1994 prevails.
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Environmental Protection and Other Legislation Amendment Bill 2008
Subdivision 2 Conversion of SAA environmental
authorities (mining)
Section 616B Conversion to transitional authority (SAA)
This section provides that any environmental authority for a SAA mining
activity in force on the commencement day is taken to be an environmental
authority (mining lease), and becomes a transitional authority (SAA).
Therefore, any mining activities authorised by an existing licence or
approval continue to be authorised under the new provisions.
This section mirrors section 586 inserted by the Environmental Protection
and Other Legislation Amendment Act 2000 transitional provisions which
transitioned non-SAA mines to environmental authorities.
Section 616C Conditions of transitional authority (SAA)
This section provides that the conditions of a transitional authority (SAA)
shall be:
· all conditions (as defined in section 616) under the SAA that,
under the new system, would reasonably be expected to be
conditions of the environmental authority rather than of the SAA
tenure; and
· any financial assurance condition under section 616H.
Accordingly, this section does not affect any existing rights and obligations
of SAA mines. This section mirrors section 587 inserted by the
Environmental Protection and Other Legislation Amendment Act 2000
transitional provisions which transitioned non-SAA mines to
environmental authorities.
Section 616D Changing conditions of transitional authority
(SAA)
This section provides that the current processes that apply to amend
conditions of operation of an SAA, as listed in section 616, continue to
apply to the transitional authority (SAA). Because the plan of operations
mining plan for Mount Isa Mine and environmental management overview
strategy form the conditions, this section allows SAA mines to amend those
documents using current processes. This will allow mines to operate
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Environmental Protection and Other Legislation Amendment Bill 2008
normally during the transition period. An amendment under this section
does not trigger the amendment process under section 616H.
Subdivision 3 Unfinished applications
Section 616E Procedure for unfinished applications
This section explains the conditions and procedures for processing an
environmental authority (mining) for a mining application applied for, but
not yet granted, under a SAA prior to the commencement of the proposed
Environmental Protection Act 1994 amendments.
Subdivision 4 Special provisions for transitional
authorities (SAA)
Section 616F Transitional authority (SAA) taken to be non-code
compliant
This section provides that all transitional authorities (SAA) for existing
projects are non-code compliant authorities for a Level 1 mining project.
This is so that the existing conditions of the project, whatever they are, can
continue to be enforced.
This section mirrors section 593 inserted by the Environmental Protection
and Other Legislation Amendment Act 2000 transitional provisions which
transitioned non-SAA mines to environmental authorities.
Section 616G Limited application of s 426 for transitional
authority (SAA)
This section provides that the offence of carrying out a mining activity
without a valid authority (section 426) does not apply to a person carrying
out an existing mining activity that is authorised under an existing SAA,
but is not authorised by the SAA mining company's transitional
environmental authority.
However, the above only applies if the holder of the transitional authority
(SAA) has either:
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Environmental Protection and Other Legislation Amendment Bill 2008
· applied for an amendment or new application that is not decided;
or
· given the authority notice under this section of the activity in the
previous 30 days.
This section is intended to deal with certain instances where there is some
uncertainty as to the precise nature of the environmentally relevant
activities which are authorised by a pre-existing environmental authority.
This provision is not intended to allow the conditions applying to any
authority to be breached.
This section mirrors section 594 inserted by the Environmental Protection
and Other Legislation Amendment Act 2000 transitional provisions which
transitioned non-SAA mines to environmental authorities.
Section 616H Requirement to apply for new authority or amend
etc. transitional authority (SAA)
This section requires the holder of a transitional authority (SAA) to make
an application that will transition the environmental regulation of the SAA
mine under the current Environmental Protection Act 1994 within 3 years
of the commencement of this division. The holder must make one of the
following applications within the 2 year period:
· application for a new environmental authority; or
· application to amend the authority; or
· application to surrender the authority; or
· application to transfer the authority.
This section mirrors section 595 inserted by the Environmental Protection
and Other Legislation Amendment Act 2000 transitional provisions which
transitioned non-SAA mines to environmental authorities.
Section 616I Financial assurance for transitional authority
(SAA)
This section provides that, if under the Mineral Resources Act 1989 or a
SAA, security has been deposited or required in relation to a relevant SAA
mine, a condition is taken to have been imposed on the transitional
authority (SAA) under section 364 of the Environmental Protection Act
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Environmental Protection and Other Legislation Amendment Bill 2008
1994, that the authority holder must give the administering authority
financial assurance for each relevant mining tenement.
The purpose of this section is to allow security, which has been determined
or deposited to cover both tenure matters and also environmental matters
under the Mineral Resources Act 1989 or the SAA, to continue to cover
environmental matters now managed under the Environmental Protection
Act 1994. Security was calculated on the basis of the cost of rehabilitation
of land, but could be used for other purposes under the Mineral Resources
Act 1989. Compliance with rehabilitation conditions will remain the
primary purpose of the security, so the security must be accessible under
the Environmental Protection Act 1994 for this purpose.
If the full amount of security required under the Mineral Resources Act
1989 or the SAA has been lodged, the section 364 condition is taken to
have been complied with and the security held is taken to be a financial
assurance for the matters mentioned in subsections 364(1)(a) and (b). This
is despite any provision of the Mineral Resources Act 1989 or any of the
terms of the instrument granting the security.
No additional obligations are being imposed as the change is consequential
to the amendments to the Acts.
The form of financial assurance for each relevant mining tenement is taken
to have been required in the same form as the security that has been given
or required for the tenement.
The amount of financial assurance for each tenement is taken to be the
lesser of the amount of security given for the tenement, and any amount the
administering authority decides would have been required under subsection
364(3) on the commencement day.
This section mirrors section 598 inserted by the Environmental Protection
and Other Legislation Amendment Act 2000 transitional provisions which
transitioned non-SAA mines to environmental authorities.
Section 616J Effect of financial assurance on security
This section provides that, despite section 616H above, any existing
security also remains a security under the Mineral Resources Act 1989
and/or the SAA, and the security is in no way discharged, released or
terminated by the passage of these amendments.
It does not affect or change the security under the Mineral Resources Act
1989 or the SAA, or the matters for which the security was given under that
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Environmental Protection and Other Legislation Amendment Bill 2008
Act or the enforcement of the security under that Act, as amended by the
amending Act. In effect, the obligation for the financial assurance is being
transferred from the Mineral Resources Act 1989 or the SAA to the
Environmental Protection Act 1994. The rights of any third party
financiers are not affected in substance.
This section mirrors section 599 inserted by the Environmental Protection
and Other Legislation Amendment Act 2000 transitional provisions which
transitioned non-SAA mines to environmental authorities.
Section 616K Plan of operations
This section provides that any current, valid plan of operations for an
existing mining lease continues to apply until the proponent seeks to amend
it or it comes to the end of its original term. This section also recognises
relevant sections of the mining plan required under the Mount Isa Mines
Limited Agreement Act 1985 as constituting a plan of operations.
This section mirrors section 600 inserted by the Environmental Protection
and Other Legislation Amendment Act 2000 transitional provisions which
transitioned non-SAA mines to environmental authorities.
Section 616L First anniversary day for transitional authority
(SAA)
This section defines the first anniversary day for transitional authorities.
This is relevant to annual reporting and the payment of fees.
Section 616M End of transitional authority (SAA)
This section provides the transitional authority (SAA) ceases to apply if
any of the following occur:
· the holder has not applied for an environmental authority (mining
activities), or amendment, transfer or surrender of the transitional
authority (SAA) within three years of commencement as
required by section 616H; or
· the holder has been granted an amended transitional authority
(SAA) and the authority has commenced to take effect; or
· the transitional authority (SAA) has been transferred; or
· the transitional authority (SAA) has been surrendered; or
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Environmental Protection and Other Legislation Amendment Bill 2008
· the holder has been granted an environmental authority (mining
activities) and this authority has commenced to take effect.
Upon any of the above applications being made, the transitional authority
(SAA) will be reviewed and the conditions clarified and amended as
necessary and incorporated into a complete, written environmental
authority (mining activities). The holder of the environmental authority has
review and appeal rights under Chapter 5 should any conditions be
amended.
This section mirrors section 592(2) inserted by the Environmental
Protection and Other Legislation Amendment Act 2000 transitional
provisions which transitioned non-SAA mines to environmental
authorities.
Subdivision 5 Applications for new authorities
Section 616N Application of sdiv 5
This section states the Subdivision 5 applies when the holder of a
transitional authority (SAA) makes an application for a new environmental
authority under section 616H.
Section 616O Application of current Act to new authority
application
This section provides that Chapter 5 parts 2 and 6 of the Environmental
Protection Act 1994 apply when deciding a new authority application,
except as amended by sections 616P (No public notice or EIS requirement
for particular new authority applications) and 616Q (Reference to State
government agreement includes particular rights). Part 2 contains the
general provisions for obtaining an environmental authority (mining
activities) and Part 6 contains the provisions for processing a non-code
compliant application for an environmental authority (mining lease) for a
level 1 mining project. Consequently, this section ensures that applications
for SAA mines will be processed in accordance with the usual processes.
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Environmental Protection and Other Legislation Amendment Bill 2008
Section 616P No public notice or EIS requirement for particular
new authority application
This section limits the circumstances when an environmental impact
statement (EIS) may be required in making a new authority application
under section 616H. The administering authority cannot require an EIS for
any activity that is approved under the transitional authority (SAA). An
EIS may be required if the new authority application includes activities that
are not currently approved and that meet the criteria for requiring an EIS.
Section 616Q Reference to State government agreement
includes particular rights
This section clarifies that the special agreement Act and any rights granted
under that Act are to be considered as a State government agreement when
applying the standard criteria, as defined in Schedule 3 of the
Environmental Protection Act 1994, to approve or refuse a new authority
application.
Subdivision 6 Amendment of transitional authorities
(SAA) for conversion to new
authorities
Section 616R Application of sdiv 6
This section states that Subdivision 6 applies when an application is made
under section 616H to amend a transitional authority (SAA).
Section 616S Application of current Act to amendment
application
This section provides that Chapter 5 part 8 (Amendment of authorities by
application) applies to applications to amend a transitional authority (SAA)
for an existing project, except as amended by sections 616P (No public
notice or EIS requirement for particular new authority applications) and
616Q (Reference to State government agreement includes particular
rights). Consequently, this section ensures that amendment applications for
SAA mines will be processed in accordance with the usual processes.
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Environmental Protection and Other Legislation Amendment Bill 2008
Section 616T No public notice or EIS requirement for particular
amendment applications
This section limits the circumstances when an environmental impact
statement (EIS) may be required in making an amendment application
under section 616H. The administering authority cannot require an EIS for
any activity that is approved under the transitional authority (SAA). This is
because the SAA mines are existing operations that have been previously
approved. An EIS or public notification period may be required if the
amendment application includes activities that are not currently approved
and meet the necessary criteria.
Section 616U Reference to State government agreement
includes particular rights
This section clarifies that the special agreement Act and any rights granted
under that Act are to be considered as a State government agreement when
applying the standard criteria, as defined in Schedule 3 of the
Environmental Protection Act 1994, to a decision to grant or refuse an
amendment application.
Section 616V Consolidation of conditions for same mining
project
This section allows for the authority holder to apply to have their deemed
transitional authority (SAA) amended to incorporate separately deemed
environmental authorities for the same project.
This section mirrors section 607 inserted by the Environmental Protection
and Other Legislation Amendment Act 2000 transitional provisions which
transitioned non-SAA mines to environmental authorities.
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Environmental Protection and Other Legislation Amendment Bill 2008
Subdivision 7 Amendment of transitional
authorities (SAA) other than by
application
Section 616W Additional grounds for amendment by
administering authority
This section specifies grounds for the administering authority to initiate
amendments to any transitional authority (SAA) for an existing project.
These grounds are in addition to those stated in section 292(2).
These provisions allow the authority to deal with situations where the
conditions of a deemed authority:
· cannot be accurately and reliably determined;
· are unclear, uncertain, contradictory or otherwise not reasonably
enforceable; or
· do not cover an aspect of the project that may cause
environmental harm.
This section also allows the administering authority to amend any
condition of a transitional authority (SAA) when a new plan of operations
is lodged. When a new plan of operations is lodged, all the conditions,
which to this point have been taken to exist, may be ascertained, reviewed,
clarified and amended as necessary and incorporated into a complete,
written environmental authority (mining activities).
This section mirrors section 605 of the Environmental Protection and
Other Legislation Amendment Act 2000 transitional provisions which
transitioned non-SAA mines to environmental authorities.
Section 616X Ministerial power to amend
This section applies to any transitional authority (SAA). During the
transitional period, the Minister may amend a transitional authority (SAA),
or an authority that has been a transitional authority (SAA). This will
enable the Minister to deal with unanticipated problems that may arise with
deemed authorities. This may be necessary because some older mining
projects (particularly those with leases issued prior to the introduction of
the Mineral Resources Act 1989) have no clear environmental conditions.
The process for the Minister to amend these authorities includes:
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Environmental Protection and Other Legislation Amendment Bill 2008
· notifying the holder of the proposed amendment and reasons it
should be made;
· allowing 10 business days for the holder to make representations;
· considering representations made within the period; and
· notifying the holder of the final decision.
This section mirrors section 606 inserted by the Environmental Protection
and Other Legislation Amendment Act 2000 transitional provisions which
transitioned non-SAA mines to environmental authorities.
Subdivision 8 Provisions for chapter 4 activities
Section 616Y Application of sdiv 8
This section states that this subdivision applies to Chapter 4 activities
(which are environmentally relevant activities that are not mining or
petroleum activities), carried out under an SAA (e.g. they are carried out on
land that is outside a mining tenement or they are conducted for purposes
other than mining).
Section 616Z Continuing effect of environmental authority as a
registration certificate and development approval
This section states that any Chapter 4 activity with an environmental
authority under the repealed Environmental Protection Act 1994
provisions, will be deemed to have a development approval under the
Integrated Planning Act 1997 and the operator will be deemed to have a
registration certificate under the Environmental Protection Act 1994. Any
relevant conditions under the SAA are taken to be development conditions
of the development approval and the development conditions are taken to
include any conditions that are required by an Environmental Protection
Policy made under the Environmental Protection Act 1994.
Section 616ZA Additional ground for changing or cancelling
development conditions
This section enables the administering authority to amend the conditions of
the development approval in certain circumstances. Any changes or
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Environmental Protection and Other Legislation Amendment Bill 2008
cancellation of a development approval must not affect the interests of the
registered operator or change the intent of the condition.
Section 616ZB End of environmental authority
This section provides that an environmental authority for a Chapter 4
activity that has been deemed to be a development approval and deemed to
have a registration certificate ends if:
· the operator changes;
· there is a material change of use under the Integrated Planning
Act 1997;
· the sublease authorising the activity expires; or
· a development approval takes effect.
Section 616ZC Administering authority may issue replacement
documents
This section establishes the circumstances under which the administering
authority can issue a replacement development approval or registration
certificate for Chapter 4 activities.
Division 8 Miscellaneous provision
Clause 10 Replacement of ch 13, pt 7, div 1 hdg
This clause inserts a heading.
Clause 11 Amendment of s635 (Definitions for pt 7)
This clause changes a heading and relevant text.
Clause 12 Amendment of ch 13, pt 7, divs 2 and 3 hdgs
This clause changes headings.
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Environmental Protection and Other Legislation Amendment Bill 2008
Clause 13 Amendment of s 636 (Application of div 2)
This clause changes a heading and relevant text.
Clause 14 Renumbering of ch 13, pt 7, div 4
This clause renumbers a division.
Clause 15 Amendment of s 641A (Definition for div 4)
This clause changes the heading of division.
Clause 16 Amendment of sch 1 (Original decisions)
This clause amends numbering in Schedule 1.
Part 3 Amendment of Integrated
Planning Act 1997
Clause 17 Act amended in pt 3
This clause states that this part amends the Integrated Planning Act 1997.
Clause 18 Amendment of sch 10 (Dictionary)
This clause omits from Schedule 10 definitions of mining activity and
special agreement Act and inserts a definition of mining activity as a cross
reference to the Environment Protection Act 1994, section 147. The
definition of special agreement Act is obsolete with the transition of the
SAA mines to the Environmental Protection Act 1994. The definition of
mining activity currently contains two parts: the first part cross references
the Environmental Protection Act 1994, section 147; the second part refers
to the SAAs and is obsolete with the transition of the SAA mines to the
Environmental Protection Act 1994.
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Environmental Protection and Other Legislation Amendment Bill 2008
Part 4 Amendment of Mineral
Resources Act 1989
Clause 19 Act amended in pt 4
This clause states that this part amends the Mineral Resources Act 1989.
Clause 20 Amendment of s 382 (Definitions for pt 10A)
This clause amends section 382 to omit the definition of special agreement
Act which is being moved to the dictionary. This amendment is
consequential to the transitioning of the special agreement Act mines to the
Environmental Protection Act 1994.
Clause 21 Amendment of s735 (Existing Act continues to
apply for special agreement Acts)
This clause amends s735 of the Mineral Resources Act 1989 by stating that
the provision which allowed the repealed section of the Act to apply to
SAA mines ceases to operate on the commencement of this Act. This will
complete the transition of the environmental regulation of these mines to
the Environmental Protection Act 1994.
Clause 22 Amendment of schedule (Dictionary)
This clause moves the definition of special agreement Act to the
Dictionary.
© State of Queensland 2008
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