Queensland Numbered Acts Queensland Numbered ActsChapter 13—
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750 Definitions for part In this part—
"amended Act" means this Act as in force after the commencement.
"amending Act" means the Mineral and Energy Resources (Financial Provisioning) Act 2018 .
"assent date" means the date of assent of the amending Act.
"environmental authority" includes a suspended environmental authority.
"land outcome document" , for land, means the following documents relating to the land—(a) an environmental authority for a resource activity on the land;(b) a document made under a condition of an environmental authority mentioned in paragraph (a), if—(i) the document relates to the management of a void within the meaning of section 126D on the land, or the rehabilitation of the land; and(ii) the document was received by the administering authority before the assent date; and(iii) the administering authority has not, within 20 business days after the assent date, given notice to the holder of the environmental authority that the document is insufficient in a material particular relevant to a matter mentioned in subparagraph (i); and(iv) before the assent date, the document had not been superseded;(c) a document made under a condition of an environmental authority mentioned in paragraph (a), if—(i) the document relates to the management of a void within the meaning of section 126D on the land, or the rehabilitation of the land; and(ii) the environmental authority requires the document to be given to the administering authority on a stated day that is on or after the assent date, or does not state a day when the document must be given; and(iii) the document is received by the administering authority within 3 years after the assent date; and(iv) the administering authority does not, within 20 business days after receiving the document, give the holder of the environmental authority notice that the document is insufficient in a material particular relevant to a matter mentioned in subparagraph (i);(d) a report evaluating an EIS under the State Development and Public Works Organisation Act 1971 , section 34D;(e) an EIS assessment report;(f) a written agreement between the holder of an environmental authority mentioned in paragraph (a) and the State that is in force on the assent date.
"mining EA applicant" means an applicant for a site-specific application for a mining activity relating to a mining lease, if the application is made on or before the PRCP start date.
"mining EA holder" means—(a) a person who, on the commencement, is the holder of an environmental authority for a mining activity relating to a mining lease, if a relevant activity for the authority is an ineligible ERA; or(b) a person who becomes the holder of an environmental authority for a mining activity authorised under a mining lease, if the holder was, before the authority is issued, the mining EA applicant for the authority.
"PRCP start date" means the day, prescribed by regulation for this definition, that is no later than 1 November 2019.
"pre-amended Act" means this Act as in force before the commencement.
751 Pre-amended Act applies to mining EA applicants(1) This section applies in relation to a mining EA applicant.(2) The pre-amended Act, chapter 5, parts 1 to 5, applies to the mining EA applicant’s site-specific application as if the amending Act had not commenced.(3) If an environmental authority is issued to the mining EA applicant for the application, the amended Act applies in relation to the environmental authority on and from the day the authority is issued.(4) However, section 431A does not apply in relation to the environmental authority until the earlier of the following days—(a) the day the applicant fails to comply with a notice given to the applicant under section 754;(b) the day a PRCP schedule for the environmental authority is approved.
752 Existing plan of operations for petroleum lease(1) This section applies to a plan of operations for an environmental authority for petroleum activities relating to a petroleum lease, if the plan was given to the administering authority before the commencement.(2) On the commencement, the plan of operations continues as a plan of operations under section 291.(3) However, if the plan period stated in the plan ends more than 3 years after the commencement, the plan period is taken to end on the day that is 3 years after the commencement.
753 Plan of operations for mining lease(1) This section applies if—(a) a mining EA holder gave a plan of operations to the administering authority for a mining lease under the pre-amended Act; and(b) on the commencement, the plan period for the plan under the pre-amended Act, section 288(1)(b) has not ended.(2) The plan of operations continues as a plan of operations under the pre-amended Act, and the pre-amended Act, sections 289, 290 and 291 continue to apply in relation to the plan of operations, until the earliest of the following days—(a) the day the plan period for the plan of operations ends;(b) the day a PRCP schedule is approved for the holder for the mining lease;(c) if the holder of the mining lease re-applies for an ERC decision under the amended Act, section 304—the day the ERC decision for the application is made.(2A) However, from the commencement, the holder may not, under the pre-amended Act, section 289—(a) replace the plan; or(b) amend the plan in a way that increases the total area of land the subject of a rehabilitation program mentioned in the pre-amended Act, section 288(1)(c)(iii).(3) If the plan of operations ends before the day a PRCP schedule is approved for the holder’s mining lease, section 431A does not apply to the holder until the earlier of the following days—(a) the day the holder fails to give a proposed PRC plan in compliance with a notice given to the holder under section 754;(b) the day a PRCP schedule is approved for the holder.(4) However, subsection (5) applies if—(a) the holder fails to comply with the notice given to the holder under section 754 because the holder purported to give the administering authority a proposed PRC plan in compliance with the notice; and(b) the administering authority gives the holder written notice for a decision to refuse to approve the proposed PRCP schedule.(5) Section 431A does not apply to the holder until—(a) if the holder re-applies for approval of another proposed PRCP schedule within 40 business days after the written notice is given—the day the administering authority—(i) issues a PRCP schedule under section 195; or(ii) gives the holder written notice refusing to approve the other PRCP schedule; or(b) otherwise—40 business days after the written notice mentioned in subsection (4)(b) is given.
754 Requirement for mining EA holders to give proposed PRC plan(1) The administering authority must, within the period stated in subsection (2), give each mining EA holder a notice stating—(a) the holder must give the administering authority a proposed PRC plan that complies with sections 126C and 126D for the relevant activities the subject of the holder’s environmental authority; and(b) the period, of not less than 6 months from the day the notice is given, within which the holder must comply with the notice.(2) The notice must be given within the period—(a) starting on the PRCP start date; and(b) ending on the day that is 3 years after the PRCP start date.(3) The holder is not required to comply with a requirement under section 126C(1)(g) or (h) or 126D(2) or (3) for the proposed PRCP schedule for the plan in relation to land if—(a) an outcome for the land has been identified under a land outcome document; and(b) the outcome for the land is the same as, or substantially similar to, the outcome for the land if it were a non-use management area under a PRCP schedule.Example of an outcome for land—A residual void or pit authorised under an environmental authority may constitute the outcome for the land on which the void or pit is located, even though the environmental authority or any other land outcome document does not expressly state anything about the outcome for the land, other than authorising the void or pit.(4) However, if the environmental authority or any other land outcome document does not state sufficient detail to identify either the location or area of the land to which the outcome relates, the proposed PRC plan must state—(a) if the area is not identified—how the total area of the land to which the outcome relates will be minimised; and(b) if the location is not identified—how the mining EA holder will ensure the location of the land to which the outcome relates minimises risks to the environment.(5) For subsections (3) and (4), if there is an inconsistency in land outcome documents for land, the document appearing first in the list mentioned in section 750, definition
"land outcome document" prevails to the extent of the inconsistency.(6) The administering authority must keep a register of an extract of a written agreement mentioned in section 750, definition
"land outcome document" , paragraph (f) that identifies the location or area of land mentioned in subsection (4).(7) Sections 541, 542 and 543 apply in relation to a register mentioned in subsection (6).(8) Subsection (9) applies in relation to a proposed PRC plan required under a notice mentioned in subsection (1).(9) A regulation may prescribe exceptional circumstances, in addition to a matter mentioned in section 126D(5), in which land the subject of the PRC plan that is not being mined is taken not to be available for rehabilitation for section 126D(4).
755 Administering authority must assess proposed PRC plan(1) The administering authority must assess a proposed PRC plan given to the authority in compliance with a notice given under section 754.(2) The assessment process under chapter 5, parts 2 to 5 of the amended Act apply in relation to the proposed PRC plan as if the PRC plan accompanied an application for an environmental authority for a relevant activity made under section 125(1)(n).(3) However, for applying the assessment process under subsection (2)—(a) the periods mentioned in sections 144(a)(ii), 168(1)(b) and 194(2)(a)(ii) are taken to apply to the administering authority for the assessment process; and(b) the submission period mentioned in section 154 is taken to be the period, of at least 20 business days after the giving and publishing of the application notice for the PRC plan under section 152, decided by the administering authority; and(c) the application stage and notification stage apply subject to sections 755A and 755B.(4) If a requirement for the proposed PRCP schedule does not apply to the holder under section 754(3), section 176A(3) does not apply in relation to the administering authority in deciding whether to approve the schedule to the extent the requirement does not apply to the holder.(6) In addition to the matters the administering authority must consider in deciding whether to approve the PRCP schedule for the proposed PRC plan under sections 176A and 194B, the authority must also have regard to—(a) each land outcome document for land to which the proposed PRC plan relates; and(b) to the extent possible, the matters the administering authority would have had regard to if the proposed PRC plan had accompanied an application for the holder’s environmental authority.
755A Application of requirement for public interest evaluation for application stage(1) Section 136A does not apply for the assessment of a proposed PRC plan under section 755(2), unless—(a) the PRCP schedule for the proposed PRC plan identifies a non-use management area under section 126D(2)(b); and(b) the holder is required to comply with a requirement under section 126C(1)(g) or (h) or 126D(2) or (3) for the proposed PRCP schedule in relation to land because section 754(3) does not apply for the area.(2) Subsection (3) applies if—(a) a public interest evaluation is required for the assessment of the proposed PRC plan; and(b) the qualified entity carrying out the evaluation considers an alternative option to approving the area as a non-use management area under section 316PA(2)(c); and(c) the financial viability of the mining activity or resource project would be jeopardised if the alternative option were implemented.(3) The report for the public interest evaluation under section 136A(2) must include a consideration of the stage of, and the land outcome documents relating to, the mining activity or resource project.
755B Application of notification stage(1) This section applies if either of the following matters is satisfied in relation to land the subject of a proposed PRCP schedule—(a) the outcome for land under a land outcome document is the same as, or substantially similar to, the post-mining land use or non-use management area stated for the area under the proposed PRCP schedule; or(b) for an area of land stated in a land outcome document that could be a proposed non-use management area under the PRCP schedule—the schedule proposes a post-mining land use for all or part of the land.Example of an outcome for land—A residual void or pit authorised under an environmental authority may constitute the outcome for the land on which the void or pit is located, even though the environmental authority or any other land outcome document does not expressly state anything about the outcome for the land, other than authorising the void or pit.(2) The notification stage under chapter 5, part 4 does not apply for the assessment of the proposed PRCP schedule under section 755(2), to the extent of the matter.(3) If the notification stage under chapter 5, part 4 applies for the assessment process because the outcome for land under a land outcome document is different to the outcome for the land under the proposed PRCP schedule, a submission under section 160 may relate only to the difference in outcome for the area.(4) For applying subsection (2), if there is an inconsistency in land outcome documents for land, the document appearing first in the list mentioned in section 750, definition
"land outcome document" prevails to the extent of the inconsistency.
756 Administering authority may amend environmental authority(1) This section applies if the administering authority approves the PRCP schedule for a proposed PRC plan mentioned in section 755.(2) The authority may amend the holder’s environmental authority for the relevant activities the subject of the schedule—(a) to the extent necessary to remove matters relating to rehabilitation that are dealt with in the schedule; and(b) to make any clerical or formal change resulting from the approval of the schedule.(3) If the administering authority amends the environmental authority under this section, chapter 5, part 6 applies as if the amendment were a matter mentioned in section 215(2).
757 Applications for decision about amount and form of financial assurance(1) This section applies in relation to an environmental authority for a resource activity if, before the commencement, the administering authority had not given the holder of the environmental authority a notice under the pre-amended Act, section 296 about the amount and form of financial assurance required under a condition of the environmental authority.(2) The pre-amended Act, chapter 5, part 12, division 2, subdivision 2 continues to apply in relation to the environmental authority as if the amending Act had not commenced.(3) Despite subsection (2), the administering authority must—(a) transfer to the scheme manager any financial assurance for the resource activity that is given in cash to the authority after the commencement; and(b) take all necessary steps to transfer to the scheme manager any instruments or other forms of financial assurance in relation to the resource activity that are given to the authority after the commencement.
758 When existing condition requiring financial assurance ends(1) This section applies if—(a) before the commencement, the administering authority imposed a condition on an environmental authority for a resource activity under the pre-amended Act, section 292; and(b) on the commencement, the environmental authority is in force.(2) On the day an ERC decision is, or is taken to have been, made for the environmental authority, the condition no longer has effect.(3) However, if—(a) the administering authority has given the holder of the environmental authority a notice under the pre-amended Act, section 296 about its decision in relation to the amount and form of financial assurance required under a condition of the environmental authority; and(b) the holder has not complied with the condition before the commencement;the condition continues to have effect until the financial assurance for the environmental authority has been given to the administering authority in the amount and form required by the notice.(3A) Also, if—(a) the administering authority has given the holder of the environmental authority a notice about a proposed requirement to increase the amount of financial assurance under the pre-amended Act, section 306; and(b) the requirement has not taken effect before the commencement;the condition continues to have effect until the increased amount of financial assurance has been given to the administering authority.(3B) In addition, if section 760 applies for the financial assurance, the condition continues to have effect until—(a) the application mentioned in that section is decided; and(b) the amount of financial assurance under the decision has been given to the administering authority.(4) After the condition stops having effect for an environmental authority under this section, the administering authority may—(a) amend the environmental authority to remove the condition; and(b) issue the amended environmental authority to the holder.
759 Claiming on or realising financial assurance started before the commencement(1) This section applies if—(a) before the commencement, the administering authority gave a written notice under the pre-amended Act, section 299 to an entity who gave a financial assurance; and(b) on the commencement, the administering authority has not decided whether to make a claim on or realise the financial assurance under the pre-amended Act, section 301.(2) If the financial assurance was given for an environmental authority for a prescribed ERA, the pre-amended Act, chapter 5, part 12, division 2, subdivision 3 continues to apply in relation to the financial assurance, as if the amending Act had not commenced.(3) If the financial assurance was given for a small scale mining activity or an environmental authority for a resource activity, the amended Act, chapter 5, part 14, division 3 applies in relation to the financial assurance as if—(a) the notice were a notice given under section 316E; and(b) a written representation about the notice given by the entity before the commencement were a representation given under section 316E; and(c) the financial assurance were a scheme assurance.
760 Existing applications to amend or discharge financial assurance(1) This section applies if—(a) before the commencement, the holder of an environmental authority applied to amend or discharge a financial assurance under the pre-amended Act, section 302; and(b) on the commencement, the application has not been decided.(2) The pre-amended Act, chapter 5, part 12, division 2, subdivision 4 continues to apply in relation to the financial assurance.(3) Despite subsection (2), the administering authority must—(a) transfer to the scheme manager any financial assurance for the environmental authority that is given in cash to the authority after the commencement; and(b) take all necessary steps to transfer to the scheme manager any instruments or other forms of financial assurance in relation to the resource activity that are given to the authority after the commencement.
761 ERC decisions for environmental authorities for resource activities(1) This section applies in relation to an environmental authority for a resource activity in force on the commencement, if—(a) before the commencement, a notice about the amount and form of financial assurance was given to the holder of the authority under the pre-amended Act, section 296; or(b) if section 757 applies to the environmental authority—a notice about the amount and form of financial assurance is given to the holder of the authority for a resource activity.(2) On the relevant day for the environmental authority, an ERC decision is taken to have been made for the resource activity under the amended Act, section 300.(3) For applying the amended Act, chapter 5, part 14—(a) the estimated rehabilitation cost under the ERC decision is taken to be the amount of the financial assurance for the environmental authority decided by the administering authority under the pre-amended Act, section 295; and(b) subject to subsection (5), the ERC period for the ERC decision is taken to be the period starting on the relevant day for the environmental authority, and ending on—(i) if the resource activity relates to a mining lease—the day the holder’s plan of operations, continued under section 753, ends; or(ii) if the resource activity relates to a petroleum activity for an ineligible ERA or a 1923 Act petroleum tenure granted under the Petroleum Act 1923 —the day that is 3 years after the relevant day or, if the plan period for the holder’s plan of operations for the activity ends earlier, the day the plan period ends; or(iii) otherwise—the day all resource activities carried out under the environmental authority have ended.(4) The administering authority must, as soon as practicable after the relevant day for the environmental authority, comply with section 301 in relation to the ERC decision.(5) If the notice given under section 301 states that the ERC period for the ERC decision ends on a day that is later than the day mentioned in subsection (3)(b) for the environmental authority, the ERC period ends on the day stated in the notice.(6) The amended Act, section 297 applies in relation to the environmental authority on and from the relevant day for the authority.(7) In this section—
"relevant day" , for an environmental authority, means—(a) if, before the commencement, a notice was given to the holder of the authority about the amount and form of financial assurance under the pre-amended Act, section 296—the commencement; or(b) if section 757 applies to the environmental authority—the day a notice of a decision about the amount and form of financial assurance is given to the holder of the authority.
762 ERC decisions for environmental authorities for resource activities if s 761 does not apply(1) This section applies to an environmental authority for a resource activity in force on the commencement if section 761 does not apply in relation to the authority.(2) On the commencement, an ERC decision is taken to have been made for the resource activity under the amended Act, section 300.(3) For applying the amended Act, chapter 5, part 14—(a) the estimated rehabilitation cost under the ERC decision is taken to be—(i) if, before the commencement, the holder has given financial assurance to the administering authority—the amount of the financial assurance given; or(ii) otherwise—nil; and(b) the ERC period for the ERC decision is taken to be 3 years starting on the commencement.
763 Application of s 298 before PRC plan is in force(1) This section applies in relation to a mining EA holder if, on the day the holder applies for a new ERC decision, a PRCP schedule is not yet in force for the mining activities.(2) Despite section 296, definition
"ERC period" , the holder’s application must, for section 298(2)(b), state a period of between 1 and 5 years.
764 Application of s 21A of amended Act(1) This section applies to a small scale mining activity being carried out on the commencement, other than an activity carried out under a prospecting permit.(2) On the commencement, the prescribed condition mentioned in the amended Act, section 21A(2) applies in relation to carrying out the activity.
765 Transfer of funds(1) On the commencement, the administering authority must—(a) transfer to the scheme manager all financial assurances for resource activities given under the pre-amended Act in cash and held by the authority; and(b) take all necessary steps to transfer to the scheme manager any instruments or other forms of financial assurance held by the authority.(2) In this section—
"financial assurance" includes a financial assurance given by the holder of a small scale mining tenure under a prescribed condition imposed under the pre-amended Act, section 21A.
766 Transitional regulation-making power(1) A regulation (a
"transitional regulation" ) may make provision of a saving or transitional nature about any matter—(a) for which it is necessary to make provision to allow or to facilitate the doing of anything to achieve the transition from the pre-amended Act to the amended Act; and(b) for which this Act does not provide or sufficiently provide.(2) A transitional regulation may have retrospective operation to a day that is not earlier than the commencement.(3) A transitional regulation must declare it is a transitional regulation.(4) This section and any transitional regulation expire 2 years after the commencement.