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NATURAL RESOURCES AND OTHER LEGISLATION AMENDMENT ACT 2019 - As at
24 May 2019 - Act 17 of 2019
TABLE OF PROVISIONS
CHAPTER 1 - PRELIMINARY
1. Short title
2. Commencement
CHAPTER 2 - AMENDMENTS OF LAND LEGISLATION COMMENCING ON ASSENT
PART 1 - AMENDMENT OF ABORIGINAL AND TORRES STRAIT ISLANDER LAND HOLDING ACT 2013
3. Act amended
4. Amendment of s 35 (Minister may grant lease)
5. Insertion of new pt 8, div 3
6. Amendment of s 91 (Review of Act)
7. Amendment of pt 11, hdg (Repeal and transitional provisions)
8. Insertion of new pt 12
PART 2 - AMENDMENT OF ABORIGINAL LAND ACT 1991
9. Act amended
10. Amendment of s 10 (Lands that are transferable lands)
11. Amendment of s 12 (Aboriginal reserve land)
12. Amendment of s 15 (Definition for div 4)
13. Amendment of s 27 (Tidal land)
14. Amendment of s 28 (Meaning of city or town land)
15. Amendment of s 42 (Minister to act as soon as possible)
16. Amendment of s 55 (Reservations of forest products and quarry material etc.)
17. Amendment of s 82 (Reservations of forest products and quarry material etc.)
18. Insertion of new s 249A
19. Amendment of s 258 (Particular information to be recorded in register)
20. Insertion of new s 289
21. Insertion of new ss 298 and 298A
22. Insertion of new pt 25, div 6
PART 3 - AMENDMENT OF ABORIGINAL LAND REGULATION 2011
23. Regulation amended
24. Amendment of s 3 (Definitions)
25. Omission of pt 6 (Declarations)
26. Renumbering of pt 6A (Protected areas in Cape York Peninsula Region)
27. Amendment of s 48A (Prescribed protected areas—Act, s 173)
28. Insertion of new s 48AA
29. Amendment of s 49 (References to plans)
30. Omission of s 50A (Change to boundaries of particular city—Act, s 28)
31. Omission of schs 1 and 2
32. Amendment of sch 3 (Available State land that is claimable land)
33. Omission of sch 4 (Aboriginal reserve land)
34. Relocation and renumbering of sch 4A (Prescribed protected areas)
35. Renumbering of schs 3 and 5
PART 4 - AMENDMENT OF FOREIGN OWNERSHIP OF LAND REGISTER ACT 1988
36. Act amended
37. Omission of s 16 (Annual report)
PART 5 - AMENDMENT OF LAND ACT 1994
38. Act amended
39. Amendment of s 16 (Deciding appropriate tenure)
40. Amendment of s 100 (Public notice of closure)
41. Replacement of ch 6, pt 4, div 3A (Mediation for disputes about terms of particular subleases)
42. Amendment of s 375 (Document of transfer to trustee)
42A. Amendment of section 390C (Definitions for chapter)
43. Amendment of s 393 (Delegation by chief executive)
44. Amendment of s 394 (Committees)
45. Insertion of new ch 7, pt 3C
46. Amendment of s 434B (Availability of short-term extension in particular circumstances)
47. Insertion of new ch 9, pt 4
48. Amendment of sch 6 (Dictionary)
PART 6 - AMENDMENT OF LAND AND OTHER LEGISLATION AMENDMENT ACT 2017
49. Act amended
50. Omission of ss 25–30
51. Amendment of sch 1 (Other amendments)
PART 7 - AMENDMENT OF LAND REGULATION 2009
52. Regulation amended
53. Insertion of new pt 5A
54. Amendment of sch 11 (Fees)
PART 8 - AMENDMENT OF LAND TITLE ACT 1994
55. Act amended
56. Amendment of s 94 (Meaning of high-density development easement)
57. Amendment of s 110 (Instrument of transfer to trustee)
58. Amendment of s 140 (Effect of priority notice)
59. Amendment of s 142 (Lapsing of priority notice)
60. Amendment of s 148 (Priority of instruments)
61. Insertion of new pt 12, div 8
PART 9 - AMENDMENT OF LAND VALUATION ACT 2010
62. Act amended
63. Amendment of s 18 (What is a bona fide sale)
64. Amendment of s 53 (Valuer-general’s power)
65. Amendment of ch 10, hdg (Repeal, savings and transitional provisions)
66. Amendment of s 268 (Operation and application of pt 3)
67. Insertion of new ch 11
68. Amendment of schedule (Dictionary)
PART 10 - AMENDMENT OF SURVEYORS ACT 2003
69. Act amended
70. Amendment of s 5 (Mutual recognition legislation not affected)
71. Amendment of s 12 (Membership of board)
72. Amendment of s 19 (Vacation of office)
73. Amendment of s 21 (Casual vacancy in member’s office)
74. Amendment of s 22 (Leave of absence for a member)
75. Replacement of s 27 (Quorum)
76. Replacement of ss 75 and 76
77. Amendment of s 130 (Appointment)
78. Amendment of s 144 (General powers after entering places)
79. Insertion of new s 188B
80. Insertion of new s 190A
81. Insertion of new pt 14
82. Amendment of sch 3 (Dictionary)
PART 11 - AMENDMENT OF SURVEYORS REGULATION 2014
83. Regulation amended
84. Insertion of new s 1A
PART 12 - AMENDMENT OF TORRES STRAIT ISLANDER LAND ACT 1991
85. Act amended
86. Amendment of s 9 (Lands that are transferable lands)
87. Amendment of s 11 (Torres Strait Islander reserve land)
88. Amendment of s 12 (Definition for div 4)
89. Amendment of s 22 (Tidal land)
90. Amendment of s 23 (Meaning of city or town land)
91. Amendment of s 28ZI (Cancellation of deeds of grant in trust, reserves etc.)
92. Amendment of s 41 (Existing interests)
93. Omission of s 42 (Interests to be endorsed on deed)
94. Amendment of s 50 (Reservations of forest products and quarry material etc.)
95. Insertion of new s 155A
96. Amendment of s 164 (Particular information to be recorded in register)
97. Insertion of new s 193
98. Insertion of new pt 19, div 5
PART 13 - AMENDMENT OF TORRES STRAIT ISLANDER LAND REGULATION 2011
99. Regulation amended
100. Omission of pt 4A (Declaration)
PART 14 - AMENDMENT OF VALUERS REGISTRATION ACT 1992
101. Act amended
102. Amendment of s 8 (Panel of nominees)
CHAPTER 3 - AMENDMENTS OF LAND LEGISLATION COMMENCING ON PROCLAMATION
PART 1 - AMENDMENT OF LAND ACT 1994
103. Act amended
104. Amendment of s 23A (Floating reservation on plan of subdivision)
105. Amendment of s 26C (Effect of resumption of forest entitlement area)
106. Amendment of s 32 (State leases over reserves)
107. Amendment of s 34H (Dealing with improvements)
108. Amendment of s 38G (Dealing with improvements)
109. Amendment of s 41 (Survey not needed)
110. Amendment of s 48 (Trustees to give information and allow inspection of records)
111. Amendment of s 55H (Dealing with improvements)
112. Amendment of s 57 (Trustee leases)
113. Amendment of s 58 (Other transactions relating to trustee leases)
114. Amendment of s 59 (Basis of Ministerial approval)
115. Amendment of s 60 (Trustee permits)
116. Amendment of s 61 (Conditions on trustee leases and trustee permits)
117. Amendment of s 64 (Minister may dispense with approval)
118. Amendment of s 66 (Right to remove improvements on cancellation)
119. Amendment of s 67 (Power to mortgage trust land)
120. Amendment of s 68 (Mortgagee in possession)
121. Amendment of s 82 (Trustees may transfer trust to local government)
122. Amendment of s 98 (Closure of road)
123. Amendment of ch 3, pt 2, div 3, hdg (Road licences for temporarily closed roads)
124. Amendment of s 103 (Issue of road licence)
125. Amendment of s 104 (Conditions of issuing road licence)
126. Amendment of s 105 (Cancellation or surrender of road licence)
127. Omission of s 107 (Reopening a temporarily closed road)
128. Amendment of s 113 (Public notice of availability to be given)
129. Amendment of s 117 (Interest may be withdrawn from auction, tender or ballot)
130. Amendment of s 118 (Appeal against exclusion from ballot or tender)
131. Amendment of s 120 (Offer to winner of ballot or tender)
132. Amendment of s 137 (Right to occupy)
133. Amendment of s 138 (Default)
134. Amendment of s 201 (Information condition)
135. Amendment of s 202 (Improvement condition)
136. Amendment of s 240E (Sale by lessee)
137. Amendment of s 240F (Sale by mortgagee instead of forfeiture)
138. Amendment of s 240G (Application)
139. Amendment of s 240H (Notice of approval)
140. Amendment of s 240M (Transition to sale agreement)
141. Amendment of s 240O (Making and registration of transition to sale agreement)
142. Amendment of s 240S (Notice of forfeiture)
143. Amendment of s 243 (Improvements on forfeited lease)
144. Insertion of new ch 5A
145. Amendment of s 287 (Registered documents must comply with particular requirements)
146. Amendment of s 294J (Building management statement affecting freehold and non-freehold land)
147. Amendment of s 299A (No registration in absence of required approval or consent of Minister)
148. Replacement of s 311 (Witnessing documents for individuals)
149. Omission of s 318A (Minister may lodge mandatory standard terms document)
150. Omission of s 320A (Conflict with mandatory standard terms document)
151. Amendment of s 322 (Requirements for transfers)
152. Insertion of new ss 322AA and 322AB
153. Amendment of s 326A (Disclosure of information to proposed transferee of lease or licensee)
154. Amendment of s 327 (Absolute surrender of freehold land)
155. Amendment of s 327A (Surrender of lease)
156. Amendment of s 327B (Applying to surrender freehold land)
157. Amendment of s 327C (Applying to surrender lease)
158. Amendment of s 327I (Dealing with improvements)
159. Amendment of s 329 (Notice of surrender needed)
160. Amendment of s 330 (Requirements for effective surrender)
161. Amendment of s 332 (Requirements for subleases)
162. Insertion of new s 337A
163. Amendment of s 358 (Changing deeds of grant—change in description or boundary of land)
164. Amendment of s 360A (Minister may change term leases, other than State leases, or perpetual leases)
165. Amendment of s 360C (Applying to amend description of lease)
166. Amendment of s 362 (Easements may be created only by registration)
167. Amendment of s 363 (Registration of easement)
168. Amendment of s 369A (Transfer of public utility easements)
169. Amendment of s 373B (Requirements of document creating covenant)
170. Amendment of s 373C (Amending document creating covenant)
171. Amendment of s 373G (Profit a prendre by registration)
172. Amendment of s 373ZB (Definitions for div 8D)
173. Amendment of s 373ZD (Creation only by registration)
174. Amendment of s 373ZE (Requirements for registration)
175. Amendment of s 373ZF (Amending interest)
176. Amendment of s 373ZG (When amendment or replacement of approved agreement ends interest)
177. Amendment of s 373ZH (Surrendering or removing interest)
178. Amendment of s 373ZI (Notice of end of approved agreement)
179. Amendment of s 373ZL (Reviewing approved agreements for indigenous cultural interests)
180. Amendment of s 375A (Document to vest in trustee)
181. Amendment of s 390A (Special provision for transport related land)
182. Amendment of s 391A (General provision about approvals)
183. Amendment of s 420FA (Regard may be had to information and advice)
184. Amendment of s 420I (General power to impose conditions)
185. Insertion of new s 533
186. Insertion of new ch 9, pt 4, divs 4–6
187. Amendment of sch 2 (Original decisions)
188. Amendment of sch 6 (Dictionary)
PART 2 - AMENDMENT OF LAND TITLE ACT 1994
189. Act amended
190. Replacement of s 162 (Obligations of witness for individual)
191. Insertion of new s 219
PART 3 - AMENDMENT OF LAND TITLE REGULATION 2015
192. Regulation amended
193. Amendment of s 3 (Definitions)
194. Amendment of s 4 (Lodging instruments)
195. Amendment of s 6 (Fees)
196. Omission of sch 1 (Offices of the land registry)
197. Renumbering of schs 2 and 3
CHAPTER 4 - AMENDMENTS OF RESOURCES LEGISLATION COMMENCING ON ASSENT
PART 1 - AMENDMENT OF GEOTHERMAL ENERGY ACT 2010
198. Act amended
199. Insertion of new ch 9, pt 5
200. Amendment of sch 2 (Dictionary)
PART 2 - AMENDMENT OF GREENHOUSE GAS STORAGE ACT 2009
201. Act amended
202. Amendment of s 390 (Restriction on building on pipeline land for GHG tenure)
203. Amendment of sch 2 (Dictionary)
PART 3 - AMENDMENT OF LAND ACCESS OMBUDSMAN ACT 2017
204. Act amended
205. Amendment of s 7 (What is a land access dispute)
PART 4 - AMENDMENT OF MINERAL AND ENERGY RESOURCES (COMMON PROVISIONS) ACT 2014
206. Act amended
207. Insertion of new ss 15A and 15B
208. Omission of ch 3, pt 2, div 6 (Access to carry out rehabilitation and environmental management)
209. Insertion of new ch 3, pt 4A
210. Amendment of s 99A (Jurisdiction to decide alleged breach of conduct and compensation agreement)
211. Amendment of sch 2 (Dictionary)
PART 5 - AMENDMENT OF MINERAL AND ENERGY RESOURCES (FINANCIAL PROVISIONING) ACT 2018
212. Act amended
213. Amendment of s 3 (Main purposes)
214. Amendment of s 63 (Application of subdivision)
215. Amendment of sch 1 (Dictionary)
PART 6 - AMENDMENT OF MINERAL RESOURCES ACT 1989
216. Act amended
217. Omission of ss 7A and 7B
218. Omission of s 23 (Refund upon rejection of application)
219. Replacement of s 85A (Deciding whether to grant mining claim if compensation not determined)
220. Amendment of s 135 (Abandonment of application for exploration permit)
221. Amendment of s 136 (Grant of exploration permit on application)
222. Amendment of s 136N (Grant of exploration permit for surrendered exploration permits)
223. Amendment of s 136S (Deciding application)
224. Amendment of s 136T (Withdrawing application)
225. Amendment of s 186 (Minister may grant or refuse application)
226. Omission of s 188 (Upon rejection of application, application fee or part may be retained)
227. Amendment of s 189 (Abandonment of application for mineral development licence)
228. Amendment of s 231A (Application of pts 1 and 2)
229. Replacement of s 279A (Deciding whether to grant mining lease if compensation not determined)
230. Amendment of s 334J (Access rights for particular activities)
231. Amendment of s 344 (Definitions for part)
232. Amendment of s 344A (Authorised person to carry out rehabilitation activities)
233. Amendment of s 344B (Entering land to carry out rehabilitation activities)
234. Amendment of s 344C (Notice of entry)
235. Amendment of s 344D (Obligation of authorised person in carrying out rehabilitation activities)
236. Insertion of new s 386PA
237. Insertion of new ch 15, pt 15
238. Amendment of sch 2 (Dictionary)
PART 7 - AMENDMENT OF PETROLEUM ACT 1923
239. Act amended
240. Amendment of s 2 (Definitions)
PART 8 - AMENDMENT OF PETROLEUM AND GAS (PRODUCTION AND SAFETY) ACT 2004
241. Act amended
242. Amendment of sch 2 (Dictionary)
CHAPTER 5 - AMENDMENTS OF RESOURCES LEGISLATION COMMENCING ON PROCLAMATION
PART 1 - AMENDMENT OF MINERAL RESOURCES ACT 1989
243. Act amended
244. Amendment of s 3 (Application of Act to Commonwealth land and coastal waters of the State)
245. Insertion of new s 3BB
246. Amendment of s 127 (Land subject to exploration permit)
247. Insertion of new s 130AA
248. Amendment of s 133 (Application for exploration permit)
249. Amendment of s 134A (Priority of applications for grant of exploration permit)
250. Amendment of s 136C (Call for tenders)
251. Amendment of s 136E (Requirements for making tender)
252. Amendment of s 136G (Amendment of tender)
253. Amendment of s 136M (Application for exploration permit for surrendered exploration permits)
254. Amendment of s 136N (Grant of exploration permit for surrendered exploration permits)
255. Amendment of s 136R (Application)
256. Amendment of s 137 (Prescribed criteria for grant of exploration permit)
257. Amendment of s 137A (Details of exploration permit to be recorded in register)
258. Amendment of s 139 (Periodic reduction in area of exploration permit)
258A . Insertion of new s 139A
259. Amendment of s 141 (Conditions of exploration permit)
260. Insertion of new s 141A
261. Amendment of s 141C (Application to vary conditions of existing permit)
262. Amendment of s 144 (Provision of security)
263. Amendment of s 146 (Initial term of exploration permit)
264. Amendment of s 147 (Application for renewal of exploration permit)
265. Amendment of s 147A (Decision on application)
266. Amendment of s 147C (Continuation of permit while application being dealt with)
267. Insertion of new ss 147CA and 147CB
268. Amendment of s 147D (When term of renewed permit starts)
269. Amendment of s 147F (Renewal of permit must be in name of last recorded transferee)
270. Replacement of s 148 (Rights and obligations upon application for mining claim, mining lease or mineral development licence)
271. Amendment of s 161 (Surrender of exploration permit)
272. Insertion of new ch 15, pt 15, div 1, hdg
273. Insertion of new ch 15, pt 15, div 2
274. Amendment of sch 2 (Dictionary)
PART 2 - AMENDMENT OF PETROLEUM AND GAS (PRODUCTION AND SAFETY) ACT 2004
275. Act amended
276. Amendment of s 35 (Call for tenders)
277. Amendment of s 41 (Deciding whether to grant authority to prospect)
278. Amendment of s 42 (Provisions of authority to prospect)
279. Insertion of new s 42A
280. Replacement of ch 2, pt 1, div 3, sdiv 1 (Function and purpose of work program)
281. Amendment of s 46 (Operation of sdiv 2)
282. Amendment of s 47 (Program period)
283. Replacement of s 48 (General requirements)
284. Replacement of s 51 (General requirements)
285. Amendment of s 52 (Program period)
286. Amendment of s 53 (Implementation of evaluation program for potential commercial area)
287. Amendment of s 56 (Authority taken to have work program until decision on whether to approve proposed work program)
288. Amendment of s 57 (Deciding whether to approve proposed program)
289. Amendment of s 59 (Restrictions on amending work program)
290. Amendment of s 62 (Deciding application)
291. Omission of ch 2, pt 1, div 3, sdiv 7 (Special statutory extension of work programs)
292. Insertion of new s 64A
293. Amendment of s 65 (Standard relinquishment condition)
294. Amendment of s 66 (Part usually required to be relinquished)
295. Amendment of s 68 (Adjustments for sub-blocks that can not be counted)
296. Amendment of s 70 (Relinquishment must be by blocks)
297. Replacement of s 78 (Compliance with exploration activities in work program)
298. Amendment of s 84 (Deciding application)
299. Amendment of s 85 (Provisions and term of renewed authority)
300. Amendment of s 89 (Applying for potential commercial area)
301. Amendment of s 90 (Deciding potential commercial area application)
302. Amendment of s 105 (Deciding application)
303. Insertion of new ch 2, pt 1, div 8, sdiv 2A
304. Amendment of s 107A (Application for special amendment)
305. Amendment of s 107D (Approval of special amendment)
306. Amendment of s 168 (Area of petroleum lease)
307. Insertion of new ch 2, pt 2, div 7, sdiv 1A
308. Amendment of s 173 (Deciding application)
309. Amendment of s 332 (Right to apply for petroleum lease)
310. Amendment of s 352 (Right to apply for petroleum lease)
311. Insertion of new ch 15, pt 24
312. Amendment of sch 1 (Reviews and appeals)
313. Amendment of sch 2 (Dictionary)
CHAPTER 6 - AMENDMENTS OF WATER LEGISLATION
PART 1 - AMENDMENT OF SOUTH-EAST QUEENSLAND WATER (DISTRIBUTION AND RETAIL RESTRUCTURING) ACT 2009
314. Act amended
315. Amendment of s 53AQ (Provision about service areas—after water netserv plan is in effect)
316. Amendment of s 92DB (Provision about service areas—after water netserv plan is in effect)
317. Amendment of s 99BRCK (Requirements for infrastructure charges notice)
318. Amendment of ch 6, hdg (Transitional provisions)
319. Insertion of new ch 6, pt 12
PART 2 - AMENDMENT OF SOUTH EAST QUEENSLAND WATER (RESTRUCTURING) ACT 2007
320. Act amended
321. Amendment of s 13 (Delegation)
322. Amendment of s 36 (Quarterly reports)
323. Replacement of s 56 (Meaning of community service obligations)
PART 3 - AMENDMENT OF WATER ACT 2000
324. Act amended
325. Amendment of s 40 (Chief executive may release unallocated water)
326. Amendment of s 106 (What is a water licence)
327. Replacement of s 109 (When application may not be made)
328. Amendment of s 112 (Public notice of application for water licence)
329. Amendment of s 134 (Amendment of water licence after show cause process)
330. Amendment of s 241 (Referral panels)
331. Replacement of ch 4, pt 4, div 1 (Appointment etc. of board of directors)
332. Amendment of s 782 (Compliance with compliance notice)
333. Insertion of new s 808A
334. Replacement of s 816 (Unauthorised water bore activities)
335. Insertion of new s 829
336. Amendment of s 1014 (Regulation-making power)
337. Amendment of s 1235 (Term of existing water licence)
338. Insertion of new ch 9, pt 12
339. Amendment of sch 4 (Dictionary)
PART 4 - AMENDMENT OF WATER SUPPLY (SAFETY AND RELIABILITY) ACT 2008
340. Act amended
341. Amendment of s 30A (Ownership and operation of service provider’s infrastructure that is part of land)
342. Replacement of s 160 (Application of pt 5)
343. Replacement of s 161 (Declaration of service area)
344. Amendment of s 162 (Notice of declaration of service area)
345. Amendment of s 167 (Owner may ask for connection to service provider’s infrastructure)
346. Amendment of s 168 (Notice requiring connection to registered service)
347. Amendment of s 301 (Making declaration)
348. Amendment of s 352K (Approval of plan)
349. Amendment of s 352Q (Amending plan by agreement)
350. Amendment of s 352S (Renewal of plan)
351. Replacement of s 366 (Sections 366–369 not used)
352. Amendment of s 390 (Minister may declare temporary full supply level)
353. Insertion of new ch 10, pt 12
354. Amendment of sch 3 (Dictionary)
CHAPTER 7 - AMENDMENTS OF OTHER ACTS
PART 1 - AMENDMENT OF ELECTRICITY ACT 1994
355. Act amended
356. Amendment of s 259A (Regulation may declare a State electricity entity)
357. Amendment of sch 5 (Dictionary)
PART 1A - AMENDMENT OF PLANNING ACT 2016
357A . Act amended
357B . Insertion of new ch 8, pt 6
PART 1B - AMENDMENT OF PLANNING REGULATION 2017
357C . Regulation amended
357D . Amendment of sch 24 (Dictionary)
PART 2 - AMENDMENT OF RIGHT TO INFORMATION ACT 2009
358. Act amended
359. Amendment of sch 2 (Entities to which this Act does not apply)
PART 2A - AMENDMENT OF VEGETATION MANAGEMENT ACT 1999
359A . Act amended
359B . Amendment of s 70A (Application of development approvals and exemptions for Forestry Act)
359C . Amendment of pt 6, hdg (Transitional and declaratory provisions)
359D . Insertion of new pt 6, div 14
359E . Amendment of schedule (Dictionary)
PART 3 - MINOR AND CONSEQUENTIAL AMENDMENTS
360. Legislation amended
SCHEDULE 1
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