On 7 August 2007, the Mining and Other Legislation Amendment Bill (Mining Bill) and the Land Court and Other Legislation Amendment Bill (Land Court Bill) were introduced to Queensland Parliament. While both Bills are relatively brief, they include a number of amendments to mining and petroleum legislation and also significantly change the judicial regime for deciding mining and petroleum related matters.

The Mining Bill amends Queensland's petroleum, mining, geothermal energy, explosives safety, mining superannuation and mining safety legislation. The amendments seek to address a number of operational and compliance provisions that have been considered imprecise, excessively onerous, difficult to comply with or requiring better legislative support with the objective of streamlining the administrative processes between various government departments including the Environmental Protection Agency.

In particular, the amendments seek to address areas relating to: applications for coal or oil shale mining leases; extending time frames addressing obligations for providing relevant information or reports required under the various legislation; maintenance and information to be contained in registers; use of roads for mining activities; broadening the scope of authorised activities; transfer of pipelines; addressing prohibited dealings requirements; addressing safety issues; and further refining various definitions as well as numerous other minor and consequential amendments.

The proposed amendments are a consequence of a review conducted in the first half of 2006 of the Petroleum and Gas (Production and Safety) Act 2004, the Petroleum Act 1923 and subsequent amendments in the Petroleum and Other Legislation Amendment Act 2004 as well as the provisions for coal seam gas within the Mineral Resources Act 1989.

Perhaps the most significant change that the Bills introduce is the inclusion of amendments to a number of Acts which will result in the transfer of most of the Land and Resources Tribunal's jurisdiction, including its mining and petroleum jurisdiction, to the Land Court.

The Land and Resources Tribunal was established in 1999 and has jurisdiction over resources based legislation including the alternative state provisions under the Native Title Act 1993, the Mineral Resources Act 1989, the Petroleum Act 1923, the Petroleum and Gas (Production and Safety) Act and the Aboriginal Cultural Heritage Act. Despite the significant jurisdiction conferred on the Tribunal under the legislation, the Beattie Government has decided to transfer its jurisdiction to the Land Court as "the Tribunal has not had sufficient work load to justify its resources".

While the majority of the Tribunal's jurisdiction will be transferred, it will continue as a judicial body for the purposes of preserving rights under the alternative state provisions for native title that existed before 2003.

No clear indication has been given regarding when the Bills will be passed and their likely commencement dates. Parliamentary standing orders allow the Bills to be passed as early as 21 August 2007 when parliament next sits.

For further information on nay information contained in the above newsletter, please contact Martin Klapper.

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