Queensland Numbered Acts

MINING AND OTHER LEGISLATION AMENDMENT ACT 2013 NO. 10

TABLE OF PROVISIONS

           Contents
           Part 1--Preliminary
   1.      Short title
   2.      Commencement
           Part 2--Amendment of Environmental Protection Act 1994
   3.      Act amended
   3A.     Insertion of new ch 12, pt 4C
   4.      Insertion of new ch 13, pt 19
           Part 3--Amendment of Environmental Protection (Greentape Reduction) and Other Legislation Amendment Act 2012
   5.      Act amended
   6.      Insertion of new s 4AA
   7.      Amendment of s 8 (Insertion of new chs 5 and 5A)
   8.      Amendment of s 12 (Amendment of s 330 (What is a transitional environmental program))
   9.      Amendment of s 13 (Amendment of s 331 (Content of program))
   10.     Amendment of s 14 (Amendment of s 332 (Administering authority may require draft program))
   11.     Amendment of s 23 (Amendment of s 346 (Effect of compliance with program))
   12.     Amendment of s 25 (Amendment of s 358 (When order may be issued))
   13.     Amendment of s 30 (Replacement of s 426 (Environmental authority required for mining activity))
   14.     Amendment of s 35 (Replacement of s 435A (Offence to contravene standard environmental conditions))
   15.     Amendment of s 36 (Amendment of s 452 (Entry of place—general))
   16.     Amendment of s 37 (Amendment of s 458 (Order to enter land to conduct investigation or conduct work))
   17.     Amendment of s 38 (Amendment of s 493A (When environmental harm or related acts are unlawful))
   18.     Amendment of s 60 (Insertion of new ch 13, pt 18)
   19.     Amendment of s 61 (Amendment of sch 2 (Original decisions))
   20.     Amendment of s 62 (Amendment of sch 4 (Dictionary))
   21.     Amendment of schedule (Amendment of other Acts)
           Part 4--Amendment of Fossicking Act 1994
   22.     Act amended
   23.     Amendment of s 3 (Definitions)
   24.     Amendment of s 8 (Meaning of expressions used in this and other Acts)
   25.     Omission of s 11 (Act's application if approved determination of native title)
   26.     Amendment of s 22 (Suspension and cancellation of licences—procedures)
   27.     Amendment of s 23 (Return of licence)
   28.     Amendment of s 27 (Licensee must get permission to fossick on occupied land etc.)
   29.     Amendment of s 28 (General permissions)
   30.     Amendment of s 33 (Records of land mentioned in general permission to be kept)
   31.     Amendment of s 53 (Management plans)
   32.     Amendment of s 56 (Living on designated fossicking land and fossicking areas)
   33.     Amendment of s 99 (Appeals to Land Court)
   34.     Amendment of s 100 (Starting appeal)
   35.     Amendment of s 102 (Hearing procedures)
   36.     Amendment of s 103 (Powers of Land Court on appeal)
   37.     Amendment of s 106 (Protection against liability)
   38.     Amendment of pt 9, hdg (Repeal and transitional provisions)
   39.     Insertion of new pt 10
           Part 5--Amendment of Geothermal Energy Act 2010
   40.     Act amended
   41.     Amendment of s 385 (Regulation-making power)
   42.     Amendment of sch 2 (Dictionary)
           Part 6--Amendment of Greenhouse Gas Storage Act 2009
   43.     Act amended
   44.     Amendment of sch 2 (Dictionary)
           Part 7--Amendment of Mineral Resources Act 1989
           Division 1--Preliminary
   45.     Act amended
           Division 2--Amendments commencing on assent
   46.     Amendment of s 10AA (Joint holders of mining tenement)
   47.     Insertion of new pt 5, div 1, hdg
   48.     Insertion of new pt 5, div 2, hdg and s 130A
           49. Amendment of s 131 (Who may apply)
   50.     Insertion of new ss 136 and 136A, pt 5, div 3 and pt 5, div 4, hdg
   51.     Replacement of s 137 (Grant of exploration permit)
   52.     Amendment of s 138 (Rental payable on exploration permit)
   53.     Amendment of s 141C (Application to vary conditions of existing permit)
   54.     Amendment of s 146 (Initial term of exploration permit)
   55.     Relocation and renumbering of s 159 (Abandonment of application for exploration permit)
   56.     Amendment of s 231A (Application of pts 6 and 6A)
   57.     Amendment of s 231B (Only eligible person can apply for and hold mineral development licence (180))
   58.     Amendment of s 231G (Conditions of mineral development licence (194))
   59.     Amendment of s 231H (Renewal of licence (197A))
   60.     Amendment of s 231I (Requirements for assigning or mortgaging mineral development licences (198))
   61.     Amendment of s 231J (Contravention by holder of mineral development licence (209))
   62.     Amendment of s 318AAA (Application of pts 7 and 7AAA)
   63.     Amendment of s 318AAB (Only eligible person can apply for and hold mining lease (233))
   64.     Amendment of s 318AAD (Application for grant of mining lease (245))
   65.     Amendment of s 318AAH (General conditions of mining lease (276))
   66.     Amendment of s 318AAJ (Renewal of lease (286A))
   67.     Amendment of s 318AAK (Requirements for assigning, mortgaging or subleasing mining leases (300))
   68.     Amendment of s 318AAL (Contravention by holder of mining lease (308))
   69.     Amendment of s 318AAM (Limitation on surrender of mining lease (309))
   70.     Amendment of s 386J (Request to applicant about application)
   71.     Amendment of s 386L (Notice to progress relevant applications)
   72.     Amendment of s 386M (Particular criteria generally not exhaustive)
   73.     Amendment of s 386N (Particular grounds for refusal generally not exhaustive)
   74.     Amendment of s 386P (Requirements for making application)
   75.     Amendment of s 387 (Registers to be maintained)
   76.     Amendment of s 390 (Priority of competing applications)
   77.     Insertion of new pt 19, div 19
   78.     Amendment of sch 2 (Dictionary)
           Division 3--Amendments commencing by proclamation
   79.     Amendment of s 4B (Notice to local government and chief executive (planning) of particular mining tenements)
   80.     Amendment of s 48 (Land in area of mining claim)
   81.     Amendment of s 50 (Entitlements under mining claim)
   82.     Amendment of s 51 (Land for which mining claim not to be granted)
   83.     Amendment of s 53 (Area and shape of mining claim land)
   84.     Amendment of s 55 (Restriction upon number of mining claims)
   85.     Amendment of s 56 (Marking out land before application for grant of mining claim)
   86.     Amendment of s 58 (Consent of mining registrar required to certain marking out of land)
   87.     Amendment of s 59 (Time for application for grant of mining claim)
   88.     Amendment of s 61 (Application for grant of mining claim)
   89.     Replacement of s 64 (Certificate of application etc.)
   90.     Omission of s 64A (Issue of certificate of public notice)
   91.     Replacement of s 64B (Applicant's obligations for certificate of public notice)
   92.     Amendment of s 64C (Declaration of compliance with obligations)
   93.     Amendment of s 64D (Continuing obligation to notify)
   94.     Amendment of s 71 (Objection to application for grant of mining claim)
   95.     Amendment of s 74 (Grant of mining claim to which no objection is lodged)
   96.     Amendment of s 81 (Conditions of mining claim)
   97.     Amendment of s 82 (Variation of conditions of mining claim)
   98.     Amendment of s 83 (Provision of security)
   99.     Replacement of s 88 (Issue of certificate of grant of mining claim)
   100.    Amendment of s 90 (Duty of holder of mining claim to mark boundary posts)
   101.    Amendment of s 93 (Renewal of mining claim)
   102.    Amendment of s 107 (Surrender of mining claim)
   103.    Amendment of s 108 (Abandonment of application for mining claim)
   104.    Amendment of s 110 (Use of machinery in mining claim area)
   105.    Amendment of s 123 (Property remaining on former mining claim may be sold etc.)
   106.    Amendment of s 124 (Approval for prospecting on reserve subject of mining claim application)
   107.    Amendment of s 125 (Variation of access to mining claim area)
   108.    Amendment of s 129 (Entitlements under exploration permit)
   109.    Amendment of s 141 (Conditions of exploration permit)
   110.    Amendment of s 148 (Rights and obligations upon application for mining lease or mineral development licence)
   111.    Amendment of s 161 (Surrender of exploration permit)
   112.    Amendment of s 166 (Improvement restoration for exploration permit)
   113.    Amendment of s 176 (Discovery of minerals to be reported)
   114.    Amendment of s 177 (Reduction of area of exploration permit upon grant of mineral development licence or mining lease)
   115.    Amendment of s 317 (Variation of access to mining lease area)
   116.    Amendment of s 318AAV (Indicative approval)
   117.    Amendment of s 318AAW (Applying for approval of assessable transfer)
   118.    Amendment of s 318AAX (Deciding application)
   119.    Amendment of s 334ZA (Addition of wild river area to mining tenement)
   120.    Amendment of s 335D (Right of internal review and appeal against compliance direction)
   121.    Replacement of ch 13, pt 3, hdg (Mining registrars and other officers)
   122.    Amendment of s 336 (Appointment of mining registrars and other officers)
   123.    Replacement of ss 337–341
           124. Amendment of s 342 (Powers of mining registrars and others)
   125.    Amendment of s 343 (Seizure of minerals produced by or vehicles, machinery etc. used in unauthorised mining)
   126.    Omission of ch 13, pt 4 (Chief executive)
   127.    Renumbering of ch 13, pts 5 and 6
   128.    Amendment of s 386J (Request to applicant about application)
   129.    Amendment of s 386K (Refusing application for failure to comply with request)
   130.    Amendment of s 386L (Notice to progress relevant applications)
   131.    Amendment of s 386O (Place or way for making applications, giving, filing, forwarding or lodging documents or making submissions)
   132.    Amendment of s 386P (Requirements for making application)
   133.    Insertion of new s 391C
           134. Amendment of s 404B (Interference with particular things)
   135.    Amendment of s 404C (Information requirements for holders of mining tenements)
   136.    Amendment of s 404D (False or misleading document)
   137.    Amendment of s 406 (Land Court may review direction or requirement)
   138.    Amendment of s 409 (Removal orders)
   139.    Amendment of s 417 (Regulation-making power)
   140.    Insertion of new ch 15, pt 6, div 2
   141.    Amendment of sch 1 (Access and compensation provisions for exploration permits and mineral development licences)
   142.    Amendment of sch 1A (Native title provisions)
   143.    Amendment of sch 2 (Dictionary)
           Part 8--Amendment of Mines Legislation (Streamlining) Amendment Act 2012
   144.    Act amended
   145.    Amendment of s 132 (Replacement of ch 6, pt 11 (Dealings))
   146.    Amendment of s 143 (Amendment of sch 2 (Dictionary))
   147.    Amendment of s 146 (Replacement of ch 5, pt 14 (Dealings))
   148.    Amendment of s 163 (Amendment of s 91 (Initial term of mining claim))
   149.    Amendment of s 164 (Amendment of s 93 (Renewal of mining claim))
   150.    Amendment of 208 (Amendment of s 299 (Consolidation of mining leases))
   151.    Amendment of s 216 (Insertion of new pts 7AAAB–7AAAE))
   152.    Amendment of s 228 (Replacement of ss 387 and 387A)
           153. Amendment of s 243 (Insertion of new pt 19, div 17)
   154.    Amendment of s 256 (Replacement of pt 6N (Dealings))
   155.    Amendment of s 273 (Replacement of ch 5, pt 10 (Dealings))
   156.    Replacement of s 290 (Replacement of pt 5, hdg (Exploration permits))
   157.    Insertion of new ss 321A and 321B
           158. Amendment of sch 2 (Consequential amendments commencing by proclamation other than amendments for the restructure of the Mineral Resources Act 1989)
   159.    Amendment of sch 3 (Consequential amendments for the restructure of the Mineral Resources Act 1989)
           Part 9--Amendment of Petroleum Act 1923
   160.    Act amended
   161.    Amendment of s 2 (Definitions)
           Part 10--Amendment of Petroleum and Gas (Production and Safety) Act 2004
           Division 1--Preliminary
   162.    Act amended
           Division 2--Amendments commencing on assent
   163.    Amendment of s 35 (Call for tenders)
   164.    Amendment of s 37 (Requirements for making tender)
   165.    Amendment of s 38 (Right to terminate call for tenders)
   166.    Amendment of s 39 (Process for deciding tenders)
   167.    Amendment of s 40 (Provisions for preferred tenderers)
   168.    Amendment of s 44 (Notice to unsuccessful tenderers)
   169.    Amendment of s 127 (Call for tenders)
   170.    Amendment of s 128 (Right to tender)
   171.    Amendment of s 129 (Right to terminate call for tenders)
   172.    Amendment of s 130 (Process for deciding tenders)
   173.    Amendment of s 131 (Provisions for preferred tenderers)
   174.    Amendment of s 135 (Notice to unsuccessful tenderers)
   175.    Amendment of s 802 (Restriction on pipeline construction or operation)
   176.    Amendment of s 845 (Withdrawal of application)
   177.    Insertion of new ch 15, pt 15
   178.    Amendment of sch 2 (Dictionary)
           Division 3--Amendments commencing by proclamation
   179.    Amendment of s 403 (Incidental activities)
   180.    Amendment of s 409 (Requirements for making application)
   181.    Amendment of s 412 (Provisions of licence)
   182.    Amendment of s 415 (Criteria for decisions)
   183.    Amendment of s 426 (Public road authority's obligations in aligning pipeline on road)
   184.    Amendment of s 427 (Requirement to consult if construction affects existing pipeline)
   185.    Amendment of s 428 (Costs of pipeline works caused by public road construction)
   186.    Amendment of s 431 (Power to give works directions)
   187.    Amendment of s 474 (Amendment applications that may be made)
   188.    Amendment of s 669 (Making safety requirement)
   189.    Amendment of sch 2 (Dictionary)
           Part 11--Amendment of Wild Rivers Act 2005
   190.    Act amended
   191.    Amendment of s 45 (Exemption of projects from application of this Act)
   192.    Amendment of s 46 (Meaning of Aurukun project)
           Part 12--Minor and consequential amendments of Acts
   193.    Acts amended in sch 1
           SCHEDULE 1 -- ACTS AMENDED