Queensland Numbered Acts

MINERAL AND ENERGY RESOURCES AND OTHER LEGISLATION AMENDMENT ACT 2020 - SECT 73

73 Insertion of new ch 5

After section 174 —
insert—

Chapter 5 - General provisions for overlapping and co-existing resource authorities

Part 1 - Preliminary

174A Definitions for chapter In this chapter—

"agreed co-existence plan" means an agreed co-existence plan under—

(a) the Mineral Resources Act , section 271AB; or

(b) the P&G Act, section 400 or 440.

"agreed joint development plan" see section 103.

"agreed plan" means—

(a) an agreed joint development plan; or

(b) an agreed co-existence plan.

"co-existing area" means land that is the subject of—

(a) a later mining lease and an existing authority as mentioned in the Mineral Resources Act, section 271AB; or

(b) a pipeline licence and an existing geothermal lease, GHG lease or mining lease as mentioned in the P&G Act, section 400; or

(c) a petroleum facility licence and an existing mining lease as mentioned in the P&G Act, section 440.

"overlapping area" see section 104.

Part 2 - Ministerial powers

174B Requirement to give copy of agreed plan

(1) The Minister may, by written notice, require a resource authority holder to whom an agreed plan applies to give the Minister a copy of the agreed plan.

(2) The resource authority holder must give the copy to the Minister within 30 business days after the notice is given under subsection (1).

(3) This section does not apply if the agreed plan has stopped having effect.

174C Amendment of agreed plan

(1) The Minister may, by written notice, require a resource authority holder to whom an agreed plan applies to amend the agreed plan.

(2) The matters the Minister must consider in deciding whether to require an amendment include each of the following—

(a) the potential of each of the resource authority holders to whom the plan applies—

(i) for an agreed joint development plan—to develop coal and coal seam gas resources to optimise the development and use of the State’s coal and coal seam gas resources; or

(ii) for an agreed co-existence plan—to optimise the development and use of the State’s resources;

(b) the extent to which each of the resource authority holders to whom the plan applies have complied with the plan;

(c) whether, if the amendment was made, compliance with the plan would continue to be commercially and technically feasible for the resource authority holders to whom the plan applies;

(d) the content of any development plan under the Mineral Resources Act or P&G Act for each of the resource authorities to which the agreed plan applies.

(3) A notice given under subsection (1) must include an information notice about the Minister’s decision to require the amendment.

174D Request for information The Minister may, by written notice, ask a resource authority holder to give the Minister any information the Minister considers appropriate to—

(a) for an overlapping area—

(i) optimise the development and use of the State’s coal and coal seam gas resources; or

(ii) ensure safe mining in the overlapping area; or

(b) for a co-existing area—

(i) optimise the development and use of the State’s resources; or

(ii) ensure safe operations in the co-existing area.

174E Right of appeal

(1) This section applies if the Minister decides to exercise a power under section 174C(1).

(2) The P&G Act, chapter 12, part 2 applies, with necessary changes, to the decision as if—

(a) the decision were mentioned in the P&G Act, schedule 1, table 2; and

(b) the P&G Act, schedule 1, table 2 stated the Land Court as the appeal body for the decision; and

(c) a reference in the P&G Act, chapter 12, part 2 to an information notice included a reference to an information notice under section 174C(3).