Queensland Numbered Acts

MINERAL AND ENERGY RESOURCES (FINANCIAL PROVISIONING) ACT 2018

- As at 30 November 2018
- Act 30 of 2018

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

           Division 1 - Introduction

   1.      Short title
   2.      Commencement

           Division 2 - Purposes and application of Act

   3.      Main purposes
   4.      How main purposes to be achieved
   5.      Relationship with Environmental Protection Act 1994
   6.      Act does not affect other rights or remedies

           Division 3 - Interpretation

              Subdivision 1 - Dictionary

   7.      Definitions

              Subdivision 2 - Key definitions

   8.      What is the estimated rehabilitation cost
   9.      What is an entity’s total estimated rehabilitation cost
   10.     What is the State’s total estimated rehabilitation cost
   11.     What is the fund threshold

   PART 2 - ESTABLISHMENT OF SCHEME

           Division 1 - Scheme manager

   12.     Appointment
   13.     Term of appointment
   14.     Remuneration and conditions
   15.     Resignation
   16.     Acting scheme manager
   17.     Preservation of rights
   18.     Relationship with State
   19.     Finance
   20.     Not statutory body for particular Acts
   21.     Functions
   22.     Powers
   23.     Staff services from department

           Division 2 - Scheme fund and cash surety account

   24.     Establishment of scheme fund
   25.     Cash surety account

   PART 3 - OPERATION OF SCHEME

           Division 1 - Risk category allocation

              Subdivision 1 - Initial allocation

   26.     Application of subdivision
   27.     Scheme manager must make initial risk category allocation
   28.     Scheme manager must notify holder of indicative risk category allocation
   29.     When indicative risk category allocation becomes the initial risk category allocation
   30.     Period for making initial risk category allocation
   31.     Notice of initial risk category allocation

              Subdivision 2 - Changed holder review allocation

   32.     Scheme manager may review risk category allocation if changed holder
   33.     Application to scheme manager if proposed changed holder
   34.     Scheme manager must notify interested entity of indicative changed holder review allocation
   35.     When indicative changed holder allocation becomes the changed holder review allocation
   36.     Notice of changed holder review allocation
   37.     When changed holder review decision takes effect

              Subdivision 3 - Annual review allocation

   38.     Annual review of risk category allocation
   39.     Scheme manager must notify holder of indicative annual review allocation
   40.     When indicative annual review allocation becomes the annual review allocation
   41.     Notice of annual review allocation

              Subdivision 4 - Information disclosure

   42.     Holder must give scheme manager notice if changed holder
   43.     Holder must give scheme manager notice if cessation in production
   44.     Scheme manager may require further information from holder before allocation decision
   45.     Scheme manager may require further information from interested entity before changed holder review decision

           Division 2 - Liability under scheme

              Subdivision 1 - Contribution to scheme fund

   46.     Application of subdivision
   47.     Holder must pay contribution to scheme fund
   48.     Rate of contribution if holder not able to give surety
   49.     Holder must pay contribution and give surety if estimated rehabilitation cost more than fund threshold
   50.     Refund of contribution to previous holder
   51.     Recovery of unpaid contribution
   52.     Notification of administering authority

              Subdivision 2 - Surety

   53.     Application of subdivision
   54.     Scheme manager’s decision about financial viability of scheme fund
   55.     Holder must give surety
   56.     Form of surety
   57.     When holder must give increased surety
   58.     Release of surety
   59.     Notification of administering authority

              Subdivision 3 - Fees

   60.     Assessment fee
   61.     Administration fee for particular sureties
   62.     Recovery of unpaid fee

           Division 3 - Claiming financial provision

              Subdivision 1 - Payments from scheme fund

   63.     Application of subdivision
   64.     Requesting entity may ask for payment from scheme fund
   65.     Decision of scheme manager

              Subdivision 2 - Realising surety

   66.     Application of subdivision
   67.     Requesting entity may ask for realisation of surety
   68.     Realisation of surety
   69.     Replenishment of surety

           Division 4 - Accountability

   70.     Guidelines
   71.     Scheme manager to keep Minister informed
   72.     Scheme annual report
   73.     Investigation of actuarial sustainability of scheme

           Division 5 - Effect of decisions

   74.     Application for judicial review of particular decisions
   75.     Decisions of scheme manager otherwise final
   76.     No stay of decisions

   PART 4 - OFFENCES AND PROCEEDINGS

   77.     False or misleading statements
   78.     False or misleading documents

   PART 5 - CONFIDENTIALITY

   79.     Definitions for part
   80.     Duty of confidentiality
   81.     Use or disclosure for authorised purpose
   82.     Disclosure to particular chief executives of departments to assist in performance of functions

   PART 6 - MISCELLANEOUS

   83.     Advisory committee
   84.     Delegation
   85.     Protection from liability
   86.     Approved forms
   87.     Regulation-making power
   88.     Transitional regulation-making power

   PART 7 - TRANSITIONAL PROVISIONS

   89.     Application of part
   90.     Financial assurance taken to be surety given under this Act
   91.     Initial allocation decision not required until scheme manager gives transition notice
   92.     Scheme manager may require further information from holder before allocation decision

   PART 8 - AMENDMENT OF ACTS

           Division 1 - Amendment of this Act

   93.     Act amended
   94.     Amendment of long title

           Division 2 - Amendment of Environmental Protection Act 1994

   95.     Act amended
   96.     Amendment of s 21A (Meaning of prescribed condition)
   96A.    Amendment of s 49 (Decision on whether EIS may proceed)
   96B.    Replacement of ch 3, pt 1, div 4, sdiv 2, hdg (Submissions)
   96C.    Amendment of s 56 (Response to submissions)
   96D.    Amendment of s 56A (Assessment of adequacy of response to submission and submitted EIS)
   96E.    Amendment of s 56AA (Proponent may resubmit EIS)
   97.     Amendment of ch 5, hdg (Environmental authorities and environmentally relevant activities)
   98.     Insertion of new s 111A
   99.     Amendment of s 112 (Other key definitions for ch 5)
   100.    Amendment of ch 5, pt 1, div 3, hdg (Stages of assessment process)
   101.    Insertion of new s 114A
   102.    Amendment of ch 5, pt 2, div 3, hdg (Applying for environmental authorities)
   103.    Amendment of s 125 (Requirements for applications generally)
   104.    Insertion of new ss 126B–126D
   105.    Amendment of s 130 (Nomination of principal applicant)
   106.    Amendment of s 131 (Meaning of minor change)
   107.    Amendment of s 132 (Changing application)
   108.    Amendment of s 133 (Effect on assessment process—minor changes and agreed changes)
   109.    Amendment of s 134 (Effect on assessment process—other changes)
           109A . Insertion of new s 136A
   110.    Amendment of s 139 (Information stage does not apply if EIS process complete)
   111.    Amendment of s 144 (When information request must be made)
   112.    Amendment of s 145 (Extending information request period)
   113.    Amendment of s 150 (Notification stage does not apply to particular applications)
   114.    Amendment of s 153 (Required content of application notice)
   115.    Amendment of s 160 (Right to make submission)
           115A . Amendment of s 165 (When does decision stage start—general)
           115B . Insertion of new ss 167A–167B
   116.    Amendment of s 168 (When decision must be made—generally)
   117.    Amendment of s 172 (Deciding site-specific application)
   118.    Insertion of new s 176A
   119.    Amendment of s 181 (Notice of decision)
   120.    Replacement of s 190 (Nature of objections decision)
   121.    Amendment of s 191 (Matters to be considered for objections decision)
   122.    Replacement of s 194 (Final decision on application)
   123.    Replacement of ss 195 and 197
   124.    Amendment of s 200 (When environmental authority takes effect)
   125.    Insertion of new ch 5, pt 5, div 5A
   126.    Amendment of s 203 (Conditions generally)
   127.    Amendment of s 205 (Conditions that must be imposed if application relates to coordinated project)
   128.    Insertion of new s 206A
   129.    Amendment of s 207 (Conditions that may be imposed)
   130.    Amendment of s 208 (Condition requiring statement of compliance)
   131.    Amendment of s 210 (Inconsistencies between particular conditions)
   132.    Amendment of ch 5, pt 6, hdg (Amending environmental authorities by administering authority)
   133.    Amendment of s 211 (Corrections)
   134.    Amendment of s 212 (Amendment of particular environmental authorities to reflect NNTT conditions)
   135.    Amendment of s 212A (Amendment of particular environmental authorities to reflect regional interests development approval conditions)
   136.    Amendment of s 215 (Other amendments)
   137.    Amendment of s 216 (Application of div 2)
   138.    Amendment of s 217 (Notice of proposed amendment)
   139.    Amendment of s 218 (Considering representations)
   140.    Amendment of s 220 (Notice of amendment decision)
   141.    Amendment of s 221 (Steps for amendment)
   142.    Amendment of ch 5, pt 7, hdg (Amendment of environmental authorities by application)
   143.    Amendment of s 223 (Definitions for pt 7)
   144.    Amendment of s 224 (Who may apply)
   145.    Replacement of s 226 (Requirements for amendment application generally)
   146.    Amendment of s 227A (Early refusal of particular amendment applications and requirement to replace environmental authority)
   147.    Amendment of s 228 (Assessment level decision for amendment application)
   148.    Amendment of s 232 (Relevant application process applies)
   149.    Amendment of s 235 (Criteria for deciding amendment application)
   150.    Amendment of s 240 (Deciding amendment application)
   151.    Amendment of s 241 (Criteria for deciding amendment application)
   152.    Amendment of s 242 (Steps after deciding amendment application)
   153.    Amendment of ch 5, pt 8, hdg (Amalgamating and de-amalgamating environmental authorities)
   154.    Amendment of s 246 (Requirements for amalgamation application)
   155.    Amendment of s 247 (Deciding amalgamation application)
   156.    Amendment of s 248 (Steps after deciding amalgamation application)
   157.    Replacement of s 250 (Relationship between amendment application and amalgamation application)
   158.    Amendment of s 250B (Requirements for de-amalgamation application)
   159.    Replacement of s 250C (De-amalgamation)
   160.    Amendment of s 250D (When de-amalgamation takes effect)
   161.    Amendment of s 262 (Requirements for surrender application)
   162.    Amendment of ch 5, pt 10, div 3, hdg (Final rehabilitation reports)
   163.    Insertion of new s 264A
   164.    Amendment of s 268 (Criteria for decision generally)
   165.    Amendment of s 268A (Criteria for decision—prescribed resource activities in overlapping area)
   166.    Amendment of s 269 (Restrictions on giving approval)
   167.    Insertion of new s 269A
   168.    Amendment of s 275 (Steps after deciding surrender application)
   169.    Insertion of new s 275A
   170.    Amendment of s 278 (Cancellation or suspension by administering authority)
   171.    Insertion of new s 278A
   172.    Amendment of s 284E (Restrictions on giving approval)
   173.    Replacement of ch 5, pt 12 (General provisions)
   174.    Amendment of s 318Z (What is progressive certification)
   175.    Amendment of s 318ZB (Continuing responsibility of environmental authority holder relating to certified rehabilitated area)
   176.    Amendment of s 318ZD (Requirements for progressive certification application)
   177.    Amendment of s 318ZF (Requirements for progressive rehabilitation report)
   178.    Amendment of s 318ZI (Criteria for decision)
   179.    Amendment of s 318ZJ (Steps after making decision)
   180.    Insertion of new s 318ZJA
   181.    Amendment of s 320A (Application of div 2)
   182.    Amendment of s 320B (Duty of particular employees to notify employer)
   183.    Amendment of s 322 (Administering authority may require environmental audit about environmental authority)
   184.    Amendment of s 324 (Content of audit notice)
   185.    Amendment of s 326 (Administering authority may conduct environmental audit for resource activities)
   186.    Amendment of s 326A (Administering authority’s costs of environmental audit or report)
   187.    Amendment of s 326H (Action following acceptance of report)
   188.    Amendment of s 330 (What is a transitional environmental program)
   189.    Amendment of s 358 (When order may be issued)
   190.    Insertion of new ch 8, pt 2, div 1A
   191.    Amendment of s 452 (Entry of place—general)
   192.    Amendment of s 458 (Order to enter land to conduct investigation or conduct work)
   193.    Amendment of s 493A (When environmental harm or related acts are unlawful)
   194.    Amendment of s 520 (Dissatisfied person)
   195.    Replacement of s 522B (Stay of decision to issue environmental protection order)
   196.    Amendment of s 523 (Review decisions subject to Land Court appeal)
   197.    Amendment of s 524 (Right of appeal)
   198.    Amendment of s 525 (Appeal period)
   199.    Insertion of new s 529
   200.    Amendment of s 530 (Decision for appeals)
   201.    Amendment of s 540 (Registers to be kept by administering authority)
   202.    Insertion of new s 550
   203.    Insertion of new ch 13, pt 27
   204.    Amendment of sch 2 (Original decisions)
   205.    Amendment of sch 4 (Dictionary)

           Division 3 - Amendment of Mineral and Energy Resources (Common Provisions) Act 2014

   206.    Act amended
   207.    Insertion of new s 20A

           Division 4 - Amendment of Mineral Resources Act 1989

   208.    Act amended
   209.    Amendment of s 123 (Property remaining on former mining claim may be sold etc.)
   210.    Amendment of s 230 (Plant remaining on former mineral development licence may be sold etc.)
   211.    Amendment of s 298 (Mining other minerals or use for other purposes)
   212.    Amendment of s 314 (Property remaining on former mining lease may be sold)
   213.    Amendment of s 344 (Definitions for pt 4)
   214.    Amendment of s 344A (Authorised person to carry out rehabilitation activities)
   215.    Amendment of sch 2 (Dictionary)

           Division 5 - Amendment of Right to Information Act 2009

   216.    Act amended
   217.    Amendment of sch 3 (Exempt information)

           Division 5A - Amendment of State Development and Public Works Organisation Act 1971

           218A . Act amended
           218B . Amendment of s 47C (Application of Coordinator-General’s report to environmental authority)
           SCHEDULE 1