Queensland Numbered Acts

MINES LEGISLATION (STREAMLINING) AMENDMENT ACT 2012 NO. 20

TABLE OF PROVISIONS

           Contents

           CHAPTER 1--PRELIMINARY

   1.      Short title
   2.      Commencement

           CHAPTER 2--AMENDMENTS COMMENCING ON ASSENT
           Part 1--Amendment of Acquisition of Land Act 1967

   3.      Act amended
   4.      Amendment of s 5 (Purposes for which land may be taken)
   5.      Amendment of s 7 (Notice of intention to take land)
   6.      Amendment of s 12 (Effect of gazette resumption notice)
   7.      Amendment of s 20 (Assessment of compensation)
           Part 2--Amendment of Geothermal Energy Act 2010
   8.      Act amended
   9.      Insertion of new s 8A
           10. Amendment of s 22 (What is an authorised activity for a geothermal tenure)
   11.     Amendment of s 30 (Operation of pt 1)
   12.     Amendment of s 39 (Deciding whether to grant geothermal permit)
   13.     Amendment of s 74 (Operation of pt 1)
   14.     Amendment of s 77 (Who may apply)
   15.     Amendment of s 80 (Deciding whether to grant geothermal lease)
   16.     Amendment of s 184 (Area of geothermal tenure)
   17.     Amendment of s 185 (References to blocks of geothermal tenure)
   18.     Amendment of s 272 (Geothermal register)
   19.     Amendment of s 290 (General conditions for renewal application)
   20.     Amendment of s 294 (Deciding application)
   21.     Insertion of new ss 350A–350D
           22. Amendment of ch 9, pt 2, hdg (Transitional provisions)
   23.     Insertion of new ch 9, pt 3
   24.     Amendment of sch 2 (Dictionary)
           Part 3--Amendment of Greenhouse Gas Storage Act 2009
   25.     Act amended
   26.     Amendment of s 22 (What is an authorised activity for a GHG authority)
   27.     Amendment of s 29 (Operation of pt 1)
   28.     Amendment of s 40 (Deciding whether to grant GHG permit)
   29.     Amendment of s 44 (Area of GHG permit)
   30.     Amendment of s 45 (References to sub-blocks of GHG permit)
   31.     Amendment of s 96 (Deciding application)
   32.     Amendment of s 97 (Provisions and term of renewed GHG permit)
   33.     Amendment of s 109 (Operation of pt 1)
   34.     Amendment of s 113 (Who may apply)
   35.     Amendment of s 117 (Deciding whether to grant GHG lease)
   36.     Amendment of s 130 (Deciding whether to grant GHG lease)
   37.     Amendment of s 135 (Area of GHG lease)
   38.     Amendment of s 136 (References to sub-blocks of GHG lease)
   39.     Amendment of s 235 (Deciding application)
   40.     Amendment of s 238 (Key authorised activities)
   41.     Amendment of s 339 (GHG register)
   42.     Insertion of new ss 369A–369D
           43. Insertion of new ch 8, pt 3
   44.     Amendment of sch 2 (Dictionary)
           Part 4--Amendment of Land Act 1994
   45.     Act amended
   46.     Amendment of s 230 (Effect of resumption of possession)
           Part 5--Amendment of Mineral Resources Act 1989
   47.     Act amended
   48.     Insertion of new ss 10AAA–10AAD
           49. Amendment of s 24 (Grant of prospecting permit)
   50.     Amendment of s 48 (Land subject to mining claim)
   51.     Amendment of s 74 (Grant of mining claim to which no objection is lodged)
   52.     Amendment of s 80 (Grant of mining claim at instruction of Land Court or with consent of Governor in Council)
   53.     Amendment of s 93 (Renewal of mining claim)
   54.     Amendment of s 137 (Grant of exploration permit)
   55.     Amendment of s 139 (Periodic reduction in land covered by exploration permit)
   56.     Amendment of s 140 (Voluntary reduction in land covered by exploration permit)
   57.     Amendment of s 186 (Minister may grant or refuse application)
   58.     Amendment of s 197A (Decision on application)
   59.     Amendment of s 232 (Land subject to mining lease)
   60.     Amendment of s 271 (Minister to consider application for grant of mining lease)
   61.     Amendment of s 286A (Decision on application)
   62.     Amendment of s 387 (Registers to be maintained)
   63.     Insertion of new pt 19, div 16
   64.     Amendment of sch 2 (Dictionary)
           Part 6--Amendment of Petroleum Act 1923
   65.     Act amended
   66.     Amendment of s 2 (Definitions)
           67. Amendment of s 18 (Authority to prospect)
   68.     Amendment of s 20 (Area of authority to prospect reduced on grant of lease)
   69.     Amendment of s 40 (Lease to holder of authority to prospect)
   70.     Amendment of s 44 (Form etc. of lease)
   71.     Amendment of s 75D (General restriction on carrying out authorised activities)
   72.     Amendment of s 80A (Petroleum register)
   73.     Insertion of new ss 124A–124C
           74. Insertion of new pt 14
           Part 7--Amendment of Petroleum and Gas (Production and Safety) Act 2004
   75.     Act amended
   76.     Insertion of new s 15A
           77. Amendment of s 16 (What is a pipeline)
   78.     Amendment of s 22 (What is an authorised activity)
   79.     Insertion of new ss 30AA–30AD
           80. Amendment of s 31 (Operation of div 1)
   81.     Amendment of s 33 (Incidental activities)
   82.     Amendment of s 41 (Deciding whether to grant authority to prospect)
   83.     Amendment of s 84 (Deciding application)
   84.     Amendment of s 85 (Provisions and term of renewed authority)
   85.     Amendment of s 98 (Area of authority to prospect)
   86.     Amendment of s 108 (Operation of sdiv 1)
   87.     Replacement of s 110 (Petroleum pipeline and water pipeline construction and operation)
   88.     Insertion of new s 111A
           89. Amendment of s 112 (Incidental activities)
   90.     Amendment of s 117 (Who may apply)
   91.     Amendment of s 120 (Right to grant if requirements for grant met)
   92.     Amendment of s 132 (Deciding whether to grant petroleum lease)
   93.     Amendment of s 164 (Deciding application)
   94.     Amendment of s 165 (Provisions and term of renewed lease)
   95.     Amendment of s 168 (Area of petroleum lease)
   96.     Amendment of s 178 (Deciding application for data acquisition authority)
   97.     Amendment of s 180 (Key authorised activities)
   98.     Amendment of s 192 (Deciding application for water monitoring authority)
   99.     Amendment of s 193 (Operation of div 2)
   100.    Amendment of s 394 (Surveying activities)
   101.    Amendment of s 396 (Deciding application)
   102.    Amendment of s 398 (Operation of div 1)
   103.    Insertion of new s 399A
           104. Amendment of s 401 (Construction and operation of pipeline)
   105.    Amendment of s 410 (Deciding whether to grant licence)
   106.    Amendment of s 419A (Notice to chief inspector before construction starts)
   107.    Amendment of s 422 (Obligations in operating pipeline)
   108.    Insertion of new s 422A
           109. Insertion of new s 437A
           110. Amendment of s 438 (Operation of div 1)
   111.    Amendment of s 446 (Deciding whether to grant licence)
   112.    Amendment of s 482 (Deciding application)
   113.    Amendment of s 564 (Petroleum register)
   114.    Amendment of s 670 (What is an operating plant)
   115.    Amendment of s 672 (What is a stage of an operating plant)
   116.    Amendment of s 802 (Restriction on pipeline construction or operation)
   117.    Amendment of s 809 (Unlawful taking of petroleum or fuel gas prohibited)
   118.    Amendment of s 889 (Other applications made before introduction of Petroleum and Other Legislation Amendment Bill 2004)
   119.    Amendment of s 910 (Renewal application provisions apply for making and deciding grant application)
   120.    Amendment of s 912 (Restrictions on term and renewed terms)
   121.    Insertion of new ch 15, pt 13
   122.    Amendment of sch 2 (Dictionary)
           Part 8--Amendment of Work Health and Safety Act 2011
   123.    Act amended
   124.    Amendment of sch 1 (Application of Act)
           Part 9--Amendment of other Acts
   125.    Acts amended

           CHAPTER 3--AMENDMENTS COMMENCING BY PROCLAMATION OTHER THAN AMENDMENTS FOR THE RESTRUCTURE OF THE MINERAL RESOURCES ACT 1989
           Part 1--Amendment of Environmental Protection Act 1994

   126.    Act amended
   127.    Insertion of new s 309A
           Part 2--Amendment of Geothermal Energy Act 2010
   128.    Act amended
   129.    Amendment of s 35 (Who may apply)
   130.    Amendment of s 39 (Deciding whether to grant geothermal permit)
   131.    Amendment of s 190 (Relinquishment report for partial relinquishment)
   132.    Replacement of ch 6, pt 11 (Dealings)
   133.    Amendment of s 351 (Joint holders of a geothermal tenure)
   134.    Amendment of s 363 (Place for making applications, lodging documents or making submissions)
   135.    Amendment of s 364 (Requirements for making an application)
   136.    Replacement of s 365 (Request to applicant about application)
   137.    Amendment of s 366 (Refusing application for failure to comply with request)
   138.    Insertion of new s 366A
           139. Amendment of s 383 (Practice manual)
   140.    Amendment of s 385 (Regulation-making power)
   141.    Insertion of new ch 9, pt 3, div 3
   142.    Amendment of sch 1 (Decisions subject to appeal)
   143.    Amendment of sch 2 (Dictionary)
           Part 3--Amendment of Greenhouse Gas Storage Act 2009
   144.    Act amended
   145.    Amendment of s 255 (Relinquishment report by GHG permit holder)
   146.    Replacement of ch 5, pt 14 (Dealings)
   147.    Amendment of s 370 (Joint holders of a GHG authority)
   148.    Amendment of s 411 (Place for making applications, lodging documents or making submissions)
   149.    Replacement of ss 412 and 413
           150. Amendment of s 427 (Practice manual)
   151.    Amendment of s 429 (Regulation-making power)
   152.    Insertion of new ch 8, pt 3, div 3
   153.    Amendment of sch 1 (Decisions subject to appeal)
   154.    Amendment of sch 2 (Dictionary)
           Part 4--Amendment of Mineral Resources Act 1989
   155.    Act amended
   156.    Insertion of new s 6D
           157. Amendment of s 10AA (Joint holders of mining tenement)
   158.    Amendment of s 10A (Extension of certain entitlements to registered native title bodies corporate and registered native title claimants)
   159.    Replacement of s 63 (Priority of applications for grant of mining claims)
   160.    Insertion of new s 71A
           161. Amendment of s 72 (Referral to Land Court of application and objections)
   162.    Amendment of s 81 (Conditions of mining claim)
   163.    Amendment of s 91 (Initial term of mining claim)
   164.    Amendment of s 93 (Renewal of mining claim)
   165.    Amendment of s 93D (Renewal of claim must be in name of last recorded assignee)
   166.    Omission of ss 96–102
           167. Amendment of s 105 (Mining other minerals)
   168.    Amendment of s 108 (Abandonment of application for mining claim)
   169.    Amendment of s 129 (Entitlements under exploration permit)
   170.    Replacement of s 131 (Restriction on grant of exploration permits over same sub-block)
   171.    Omission of s 133A (Minister may request information)
   172.    Omission of s 135 (No application for exploration permit within 2 months of land ceasing to be subject to exploration permit)
   173.    Amendment of s 139 (Periodic reduction in land covered by exploration permit)
   174.    Amendment of s 141 (Conditions of exploration permit)
   175.    Omission of s 147AA (Minister may request information)
   176.    Amendment of s 147C (Continuation of permit while application being dealt with)
   177.    Amendment of s 147F (Renewal of permit must be in name of last recorded assignee)
   178.    Omission of ss 151–158
           179. Amendment of s 160 (Contravention by holder of exploration permit)
   180.    Omission of s 183A (Minister may request information)
   181.    Amendment of s 193 (Rental payable on mineral development licence)
   182.    Amendment of s 194 (Conditions of mineral development licence)
   183.    Omission of s 197AA (Minister may request information)
   184.    Amendment of s 197C (Continuation of licence while application being dealt with)
   185.    Amendment of s 197F (Renewal of licence must be in name of last recorded assignee)
   186.    Omission of ss 198–205
           187. Amendment of s 209 (Contravention by holder of mineral development licence)
   188.    Amendment of s 231G (Conditions of mineral development licence (194))
   189.    Amendment of s 231I (Requirements for assigning or mortgaging mineral development licences (198))
   190.    Amendment of s 234 (Governor in Council may grant mining lease)
   191.    Replacement of s 238 (Mining lease over surface of reserve or land near a dwelling house)
   192.    Omission of ss 245A and 247
           193. Replacement of s 251 (Priority of applications for grant of mining lease)
   194.    Insertion of new s 261
           195. Amendment of s 265 (Referral of application and objections to Land Court)
   196.    Amendment of s 269 (Land Court's recommendation on hearing)
   197.    Replacement of s 271 (Minister to consider application for grant of mining lease)
   198.    Amendment of s 276 (General conditions of mining lease)
   199.    Amendment of s 284 (Initial term of mining lease)
   200.    Amendment of s 285 (Mining lease may be specified it is not renewable)
   201.    Omission of s 286AA (Mining registrar may request information)
   202.    Amendment of s 286A (Decision on application)
   203.    Amendment of s 286F (Renewal of lease must be in name of last recorded assignee)
   204.    Amendment of s 289 (Mining registrar may issue instrument of mining lease)
   205.    Amendment of s 294 (Variation of conditions of mining lease)
   206.    Amendment of s 295 (Variation of mining lease for accuracy etc.)
   207.    Amendment of s 298 (Mining other minerals or use for other purposes)
   208.    Amendment of s 299 (Consolidation of mining leases)
   209.    Omission of ss 300–306
           210. Amendment of s 307 (Abandonment of application for the grant of a mining lease)
   211.    Amendment of s 316 (Mining lease for transportation through land)
   212.    Amendment of s 318AAD (Application for grant of mining lease (245))
   213.    Amendment of s 318AAH (General conditions of mining lease (276)
   214.    Amendment of s 318AAI (Initial term of mining lease (284))
   215.    Amendment of s 318AAK (Requirements for assigning, mortgaging or subleasing mining leases (300))
   216.    Insertion of new pts 7AAAB–7AAAE
   217.    Amendment of s 318AB (Relationship with pts 5–7)
   218.    Amendment of s 318BN (Publication of outcome of application)
   219.    Amendment of s 318CI (Restriction)
           220. Amendment of pt 7AA, div 8, sdiv 8, hdg (Restriction on assignment or subletting)
   221.    Amendment of s 318DO (Requirement for coordination arrangement to assign or sublet mining lease in area of petroleum lease)
   222.    Amendment of s 318ELAJ (Assignments)
           223. Amendment of s 318ELBH (Publication of outcome of application)
   224.    Replacement of s 318ELBM (Minister may refuse application)
   225.    Amendment of s 318ELBT (Requirement to continue geothermal or GHG coordination arrangement after renewal of or dealing with mining lease)
   226.    Amendment of s 325 (Royalty return and payment upon assignment or surrender of mining claim or mining lease)
   227.    Insertion of new pt 10, div 2AAA
   228.    Replacement of ss 387 and 387A
           229. Insertion of new s 387D
           230. Amendment of s 391A (Restriction on decisions or recommendations about mining tenements)
   231.    Amendment of s 392 (Substantial compliance with Act may be accepted as compliance)
   232.    Replacement of s 398 (Delegation)
           233. Amendment of s 401A (Protection against liability as condition of approval)
   234.    Amendment of s 416B (Practice manual)
   235.    Amendment of s 417 (Regulation-making power)
   236.    Amendment of s 653 (Content of written notice)
   237.    Amendment of s 657 (Ending of additional requirements)
   238.    Amendment of s 666 (Process for consultation and negotiation—negotiated agreement with or without conditions attached)
   239.    Amendment of s 687 (Contract conditions)
   240.    Amendment of s 688 (Notice of grant to registered native title parties)
   241.    Amendment of s 708 (Agreement for compensation)
   242.    Amendment of s 745 (Application of pt 7AA)
   243.    Insertion of new pt 19, div 17
   244.    Amendment of sch 2 (Dictionary)
           Part 5--Amendment of Petroleum Act 1923
   245.    Act amended
   246.    Amendment of s 2 (Definitions)
           247. Amendment of s 40 (Lease to holder of authority to prospect)
   248.    Amendment of s 44 (Form etc. of lease)
   249.    Amendment of s 45 (Entitlement to renewal of lease)
   250.    Amendment of s 65 (Reservations in favour of State)
   251.    Omission of s 75AA (Notice of change of holder's name)
   252.    Amendment of s 75WN (Amending water monitoring authority by application)
   253.    Amendment of s 75X (Requirement to report outcome of testing)
   254.    Amendment of s 76B (Requirement to lodge records and samples)
   255.    Amendment of s 79X (General provision about ownership while tenure is in force for pipeline)
   256.    Replacement of pt 6N (Dealings)
   257.    Replacement of ss 120 and 121
           258. Insertion of new pt 9, div 1A
   259.    Amendment of s 142 (Practice manual)
   260.    Amendment of s 149 (Regulation-making power)
   261.    Amendment of s 150 (Declaration about certain 1923 Act petroleum tenures)
   262.    Insertion of new pt 14, div 3
   263.    Amendment of schedule (Decisions subject to appeal)
           Part 6--Amendment of Petroleum and Gas (Production and Safety) Act 2004
   264.    Act amended
   265.    Amendment of s 30A (Joint holders of a petroleum authority)
   266.    Amendment of s 59 (Restrictions on amending work program)
   267.    Amendment of s 60 (Applying for approval to amend)
   268.    Amendment of s 118 (Requirements for making ATP-related application)
   269.    Insertion of new ch 2, pt 2, div 7, sdiv 3
   270.    Amendment of s 548 (Requirement to lodge records and samples)
   271.    Insertion of new ss 552A and 552B
           272. Omission of s 558A (Notice of change of holder's name)
   273.    Replacement of ch 5, pt 10 (Dealings)
   274.    Replacement of ss 842 and 843
           275. Insertion of new s 851AA
           276. Amendment of s 858A (Practice manual)
   277.    Amendment of s 859 (Regulation-making power)
   278.    Insertion of new ch 15, pt 13, div 3
   279.    Amendment of sch 1 (Reviews and appeals)
   280.    Amendment of sch 2 (Dictionary)
   281.    Acts amended

           CHAPTER 4--AMENDMENTS FOR THE RESTRUCTURE OF THE MINERAL RESOURCES ACT 1989
           Part 1--Amendment of Mineral Resources Act 1989

   282.    Act amended
   283.    Replacement of pt 1, hdg (Preliminary)
   284.    Insertion of new ch 1, pt 2, hdg
   285.    Insertion of new ch 1, pt 3, hdg and ch 1, pt 4, hdg
   286.    Insertion of new ch 1, pt 5, hdg
   287.    Replacement of pt 2, hdg (Mining districts)
   288.    Replacement of particular headings in pt 3
   289.    Replacement of pt 4, hdg (Mining claims)
   290.    Replacement of pt 5, hdg (Exploration permits)
   291.    Replacement of pt 6, hdg (Mineral development licences)
   292.    Replacement of pt 6A, hdg (Mineral development licence for Aurukun project)
   293.    Replacement of pt 7, hdg (Mining leases)
   294.    Replacement of pt 7AAA, hdg (Mining lease for Aurukun project)
   295.    Replacement of pt 7AAAB, hdg (Dealings and transfers affecting applications for mining leases)
   296.    Replacement of pt 7AAAC, hdg (Recording associated agreements)
   297.    Replacement of pt 7AAAD, hdg (Caveats)
   298.    Replacement of pt 7AAAE, hdg (Appeals about approvals of assessable transfers)
   299.    Replacement of particular headings in pt 7AA
   300.    Relocation and renumbering of pt 7AAB (Provisions for McFarlane oil shale deposit)
   301.    Replacement of particular headings in pt 7AAC
   302.    Replacement of particular headings in pt 7A
   303.    Omission of pt 8, hdg (Relationship with Sustainable Planning Act 2009)
   304.    Relocation and renumbering of s 319 (Effect on development)
   305.    Relocation, renumbering and amendment of s 319A (Effect on planning schemes)
   306.    Replacement of particular headings in pt 9
   307.    Insertion of new ch 12, hdg and ch 12, pts 4 and 5, hdgs
   308.    Replacement of particular headings in pt 10
   309.    Relocation and renumbering of pt 10AA (Collingwood Park State guarantee)
   310.    Relocation and renumbering of pt 10A (Wild river areas)
   311.    Replacement of pt 11, hdg (General)
   312.    Relocation of s 418 (References to repealed Acts)
   313.    Relocation and renumbering of ss 418A–418D
           314. Relocation of pts 12–18
   315.    Omission of pt 18A, hdg (Provisions about particular mining easements)
   316.    Relocation and renumbering of ss 722A–722G
           317. Replacement of pt 19, hdg (Transitional provisions)
   318.    Replacement of pt 19, div 16, hdg (Transitional provisions for Mines Legislation (Streamlining) Amendment Act 2012—amendments commencing on assent)
   319.    Replacement of pt 19, div 17, hdg (Transitional provisions for Mines Legislation (Streamlining) Amendment Act 2012—amendments commencing by proclamation)
   320.    Replacement of particular headings in pt 19, div 17
   321.    Insertion of new s 804
   322.    Insertion of new sch 1A
           Part 2--Amendment of other Acts
   323.    Acts amended
           SCHEDULE 1 -- MINOR AMENDMENTS COMMENCING ON ASSENT
           SCHEDULE 2 -- CONSEQUENTIAL AMENDMENTS COMMENCING BY PROCLAMATION OTHER THAN AMENDMENTS FOR THE RESTRUCTURE OF THE MINERAL RESOURCES ACT 1989
           SCHEDULE 3 -- CONSEQUENTIAL AMENDMENTS FOR THE RESTRUCTURE OF THE MINERAL RESOURCES ACT 1989