Queensland Bills Explanatory Notes Queensland Bills Explanatory Notes[Index] [Search] [Download] [Bill] [Help]
Mineral Resources (Peak Downs Mine) Amendment Bill 2008
Mineral Resources (Peak Downs Mine)
Amendment Bill 2008
Explanatory Notes for amendments to be
moved during consideration in detail by the
Honourable Geoff Wilson MP
Title of the Bill
Mineral Resources (Peak Downs Mine) Amendment Bill 2008
Objectives of the Amendments
The objectives of the amendments are to ensure the objectives of the Bill
are achieved through ensuring--
· the long-standing tenure dispute between Queensland Coal
Associates (CQC Associates) and BHP Mitsubishi Alliance Coal
Operations Pty Ltd (BMA) and Cherwell Creek Coal Pty Ltd
(Cherwell Creek) is resolved; and
· the current and future operations of the Peak Downs Coal Mine
are secured.
Consistency with Fundamental Legislative Principles
The proposed amendments raise no further issues related to fundamental
legislative principles.
Consultation
Subsequent to introduction of the Mineral Resources (Peak Downs Mine)
Amendment Bill 2008 in to Parliament, both BMA and Cherwell Creek
made representations to the Department of Mines and Energy about
possible amendments to the Bill. BMA and Cherwell Creek have generally
been consulted in relation to the proposed amendments to the Bill that have
been made as a result of their representations.
Page 1
Mineral Resources (Peak Downs Mine) Amendment Bill 2008
Notes on Provisions
Amendment 1 amends clause 3 of the Bill by replacing proposed section
722B with a new section 722B that renews EPC545 in relation to the land
not affected by the dispute between CQC, BMA and Cherwell Creek. The
new provision ensures the objective achieved is the same as that proposed
by the original section 722B, in that EPC545 will no longer apply over the
areas of the dispute. But under the new provision Cherwell Creek will
retain entitlements under a renewed EPC545 in relation to those areas not
the subject of the dispute or the future Peak Downs Mine expansion.
Amendment 2 amends clause 3 of the Bill by amending the heading to
proposed section 722D to correctly reflect technical language.
Amendment 3 amends clause 3 of the Bill by amending subsection (1) of
proposed section 722D to ensure that no party will be able to apply for any
form of mining tenure over the land prescribed in the section during the
prescribed period, other than BMA.
Amendment 4 is a technical amendment made as a result of amendment 2
that amends clause 3 of the Bill by amending subsection (2) of proposed
section 722D.
Amendment 5 is a technical amendment made as a result of amendment 2
that amends clause 3 of the Bill by amending subsection (4) of proposed
section 722D.
Amendment 6 amends clause 3 of the Bill by amending the definition of
prescribed land in subsection (7) of proposed section 722D to add a small
area of land. This land is adjacent to the area subject to Cherwell Creek's
application for mineral development licence and is needed by BMA and
CQCA for road-works as part of the development of the Caval Ridge Mine.
Amendment 7 amends clause 3 of the Bill by amending the heading to
proposed section 722E to correctly reflect technical language.
Amendment 8 amends clause 3 of the Bill by amending subsection (1) of
proposed section 722E to ensure that no party will be able to apply for any
form of mining tenure over the land prescribed in the section during the
prescribed period, other than BMA.
Amendment 9 is a technical amendment made as a result of amendment 8
that amends clause 3 of the Bill by amending subsection (2) of proposed
section 722E.
Page 2
Mineral Resources (Peak Downs Mine) Amendment Bill 2008
Amendment 10 is a technical amendment made as a result of amendment
8 that amends clause 3 of the Bill by amending subsection (4) of proposed
section 722E.
Amendment 11 amends clause 3 of the Bill by amending the definition of
"prescribed land" in subsection (7) of proposed section 722E to more
precisely identify the land affected by the dispute between CQC, BMA and
Cherwell Creek, and to ensure the objective of the Bill is achieved.
© State of Queensland 2008
Page 3