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MINERAL RESOURCES (PEAK DOWNS MINE) AMENDMENT BILL 2008

         Queensland



Mineral Resources (Peak
Downs Mine) Amendment
Bill 2008

 


 

 

Queensland Mineral Resources (Peak Downs Mine) Amendment Bill 2008 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3 Insertion of new pt 18A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Part 18A Provisions about particular mining tenements 722A Definitions for pt 18A . . . . . . . . . . . . . . . . . . . . . . . . . 4 722B Period of operation of EPC545. . . . . . . . . . . . . . . . . . 4 722C Rejection of particular applications for mining tenements ............................. 5 722D Persons who may apply for, or be granted, a mining lease for land covered by MDLA364. . . . . . . . . . . . . . 5 722E Persons who may apply for, or be granted, a mining lease for particular land covered by SL12/42239 . . . . 6 722F No compensation payable by the State . . . . . . . . . . . 6 722G Compensation payment by prescribed persons . . . . . 7

 


 

 

2008 A Bill for An Act to amend the Mineral Resources Act 1989 to make provision about particular mining tenements

 


 

Mineral Resources (Peak Downs Mine) Amendment Bill 2008 [s 1] The Parliament of Queensland enacts-- 1 Clause 1 Short title 2 This Act may be cited as the Mineral Resources (Peak Downs 3 Mine) Amendment Act 2008. 4 Clause 2 Act amended 5 This Act amends the Mineral Resources Act 1989. 6 Clause 3 Insertion of new pt 18A 7 After part 18-- 8 insert-- 9 `Part 18A Provisions about particular 10 mining tenements 11 `722A Definitions for pt 18A 12 `In this part-- 13 Cherwell Creek means Cherwell Creek Coal Pty Ltd ACN 14 063 763 002. 15 commencement day means the day this part commences. 16 prescribed persons means the holders of mining lease 1775 17 from time to time. 18 `722B Period of operation of EPC545 19 `Exploration permit for coal 545-- 20 (a) is renewed for a period ending at the beginning of the 21 commencement day; and 22 (b) may not be otherwise renewed; and 23 (c) expires at the beginning of the commencement day. 24 Page 4

 


 

Mineral Resources (Peak Downs Mine) Amendment Bill 2008 [s 3] `722C Rejection of particular applications for mining 1 tenements 2 `(1) This section applies to each application for a mining tenement 3 that-- 4 (a) was made by Cherwell Creek; and 5 (b) relates to all or any of the prescribed land under section 6 722D or 722E; and 7 (c) was current immediately before the commencement day. 8 `(2) The application is rejected. 9 `722D Persons who may apply for, or be granted, a mining 10 lease for land covered by MDLA364 11 `(1) For the prescribed period, a mining lease in respect of all or 12 any of the prescribed land can only be applied for by, or 13 granted to, the prescribed persons. 14 `(2) Subsection (1) applies despite section 232(1). 15 `(3) For subsection (1), the prescribed period is the period of 2 16 years starting on the commencement day or, if an extension is 17 granted under subsection (4), the extended period. 18 `(4) Before the prescribed period ends, the Minister may grant an 19 extension of the period if the prescribed persons wish to make 20 an application mentioned in subsection (1) and the Minister is 21 satisfied that, in all the circumstances, there are good reasons 22 why the application has not been made by that time. 23 `(5) As soon as practicable after granting an extension under 24 subsection (4), the Minister must publish a gazette notice 25 stating the extended period. 26 `(6) The prescribed persons are eligible persons for section 233. 27 `(7) In this section-- 28 prescribed land means the land that, as at the beginning of 14 29 April 2008, was the subject of application for mineral 30 development licence 364 made by Cherwell Creek. 31 Page 5

 


 

Mineral Resources (Peak Downs Mine) Amendment Bill 2008 [s 3] `722E Persons who may apply for, or be granted, a mining 1 lease for particular land covered by SL12/42239 2 `(1) For the prescribed period, a mining lease in respect of all or 3 any of the prescribed land can only be applied for by, or 4 granted to, the prescribed persons. 5 `(2) Subsection (1) applies despite section 232(1). 6 `(3) For subsection (1), the prescribed period is the period of 1 7 year starting on the commencement day or, if an extension is 8 granted under subsection (4), the extended period. 9 `(4) Before the prescribed period ends, the Minister may grant an 10 extension of the period if the prescribed persons wish to make 11 an application mentioned in subsection (1) and the Minister is 12 satisfied that, in all the circumstances, there are good reasons 13 why the application has not been made by that time. 14 `(5) As soon as practicable after granting an extension under 15 subsection (4), the Minister must publish a gazette notice 16 stating the extended period. 17 `(6) The prescribed persons are eligible persons for section 233. 18 `(7) In this section-- 19 prescribed land means land that, as at the beginning of 14 20 April 2008-- 21 (a) was comprised in special lease 12/42239 (title reference 22 17560077); and 23 (b) was not comprised in a mining tenement; and 24 (c) was not the subject of a current application for a mining 25 tenement. 26 `722F No compensation payable by the State 27 `(1) No compensation is payable by the State to Cherwell Creek or 28 any other person for or in connection with the enactment or 29 operation of this part or anything done to carry out or give 30 effect to this part. 31 `(2) Without limiting subsection (1), the State is not liable to 32 Cherwell Creek or any other person for any claim arising out 33 Page 6

 


 

Mineral Resources (Peak Downs Mine) Amendment Bill 2008 [s 3] of or in any way connected to the rejection of applications 1 under section 722C. 2 `(3) This section applies despite any other Act or law. 3 `(4) In this part-- 4 State includes any person acting, or purportedly acting, for or 5 on behalf of the State at any time. 6 `722G Compensation payment by prescribed persons 7 `(1) Cherwell Creek may apply to the Land Court for an order for 8 the payment of compensation for the loss of its opportunity, 9 because of the enactment of this part, to commercialise the 10 MDLA364 coal resource. 11 `(2) An application may only be made within 3 months after the 12 commencement day. 13 `(3) The prescribed persons are parties to the proceeding on the 14 application. 15 `(4) On an application under this section, the Land Court must-- 16 (a) decide whether any compensation should be payable; 17 and 18 (b) if it decides compensation should be payable-- 19 (i) decide the amount of compensation; and 20 (ii) make an order for payment of the amount by the 21 prescribed persons to Cherwell Creek. 22 `(5) In making a decision under subsection (4), the Land Court 23 must have regard to the likelihood that, had this part not been 24 enacted, Cherwell Creek, alone or in conjunction with another 25 person, would have been able to commercialise the 26 MDLA364 coal resource, having regard to the following 27 matters-- 28 (a) the likely extent and quality of the MDLA364 coal 29 resource; 30 (b) the likely mineability of the MDLA364 coal resource; 31 Page 7

 


 

Mineral Resources (Peak Downs Mine) Amendment Bill 2008 [s 3] (c) the likely market for any coal mined from the 1 MDLA364 coal resource; 2 (d) the likely life of a mine for the MDLA364 coal 3 resource; 4 (e) the likely coal revenue generated from the MDLA364 5 coal resource; 6 (f) the likely coal revenue generation costs; 7 (g) the likelihood of a mining lease, appropriate for 8 Cherwell Creek to commercialise the MDLA364 coal 9 resource, being granted under this Act; 10 Note-- 11 See sections 269(4) and 271(1) for matters that the Land Court 12 and Minister take into account in dealing with an application for 13 the grant of a mining lease. 14 (h) any other relevant matter. 15 `(6) Cherwell Creek may appeal to the Land Appeal Court against 16 a decision of the Land Court under this section only on the 17 ground of error of law. 18 `(7) Subsection (6) applies despite the Land Court Act 2000, 19 section 64. 20 `(8) In this section-- 21 coal revenue generation costs means the costs of generating 22 revenue from the MDLA364 coal resource, including the 23 costs of, or relating to, the following-- 24 (a) the proving up of the MDLA364 coal resource; 25 (b) mine planning and environmental planning; 26 (c) development and construction of a coal mine and 27 associated infrastructure; 28 (d) compliance with this Act, the Environmental Protection 29 Act 1994 and the Coal Mining Safety and Health Act 30 1999; 31 (e) extraction of coal; 32 (f) preparation of coal; 33 Page 8

 


 

Mineral Resources (Peak Downs Mine) Amendment Bill 2008 [s 3] (g) transportation, including access to railways, ports or 1 other relevant infrastructure; 2 (h) employed or contracted labour; 3 (i) equipment; 4 (j) marketing; 5 (k) financing; 6 (l) rent and royalties payable to the State. 7 MDLA364 coal resource means the coal resource in the land 8 that, as at the beginning of 14 April 2008, was the subject of 9 application for mineral development licence 364. 10 prescribed persons means the persons who are the holders of 11 mining lease 1775 on the commencement day.'. 12 © State of Queensland 2008 Page 9

 


 

AMENDMENTS TO BILL

Mineral Resources (Peak Downs Mine) Amendment Bill 2008 Mineral Resources (Peak Downs Mine) Amendment Bill 2008 Amendments agreed to during Consideration 1 Clause 3 (Insertion of new pt 18A)-- At page 4, lines 19 to 24-- omit, insert-- ` `722B Renewal of EPC545 `(1) This section applies to exploration permit for coal 545. `(2) The permit is renewed for a term of 2 years starting on the commencement day. `(3) However, the renewed permit applies only to the following land-- · Clermont Block 1777, sub-block w · Clermont Block 1777, sub-block x, but excluding land subject to MDLA 364 or ML 1775 · Clermont Block 1849, sub-blocks b, g, m and x · Clermont Block 1849, sub-blocks c, h and n, but excluding land subject to MDLA 364 or ML 1775 · Clermont Block 1849, sub-block s, but excluding land subject to MDLA 364 · Clermont Block 1849, sub-blocks u and z, but excluding land subject to MDLA 366 or ML 1775 · Clermont Block 1849, sub-block y, but excluding land subject to MDLA 366 · Clermont Block 1921, sub-blocks d and e, but excluding land subject to MDLA 366 · Clermont Block 1921, sub-block k · Clermont Block 1922, sub-blocks a, g, h, o and u, but excluding land subject to MDLA 366 or ML 1775 Page 1

 


 

Mineral Resources (Peak Downs Mine) Amendment Bill 2008 · Clermont Block 1922, sub-blocks f, m, n, t and z, but excluding land subject to MDLA 366 · Clermont Block 1923, sub-block v, but excluding land subject to MDLA 366 or ML 1775. `(4) Subsection (2) applies despite section 147D(2). `(5) The renewed permit is subject to the following conditions-- (a) the holder must expend at least $50000 in each year of the term of the permit on activities authorised by the permit; (b) the holder must carry out the program of work stated in the application for renewal of the permit dated 28 May 2007; (c) the holder must comply with the document titled `Schedule of General Exclusions and Conditions, version 13 (February 2003)' mentioned in the renewal of the permit granted on 26 August 2003; (d) the conditions applying under section 141. `(6) The renewal has effect as if it were granted by the Minister under this Act. `(7) The land mentioned in subsection (3) as being excluded from the sub-blocks mentioned in the subsection is excluded land for section 176A. `(8) However, to remove any doubt, it is declared that section 176A applies subject to sections 722D and 722E. `(9) Except as otherwise stated, this section does not limit the application of other provisions of this Act to the renewed permit including, for example, provisions about cancelling an exploration permit or reducing its area. `(10) In this section-- MDLA 364 means application for mineral development licence 364. MDLA 366 means application for mineral development licence 366. ML 1775 means mining lease 1775.'. Page 2

 


 

Mineral Resources (Peak Downs Mine) Amendment Bill 2008 2 Clause 3 (Insertion of new pt 18A)-- At page 5, line 11, `lease'-- omit, insert-- `tenement'. 3 Clause 3 (Insertion of new pt 18A)-- At page 5, lines 12 to 14-- omit, insert-- ` `(1) For the prescribed period-- (a) a mining lease in respect of all or any of the prescribed land can only be applied for by, or granted to, the prescribed persons; and (b) no other mining tenement in respect of all or any of the prescribed land can be applied for by, or granted to, anyone.'. 4 Clause 3 (Insertion of new pt 18A)-- At page 5, line 15, after `Subsection (1)'-- insert-- `(a)'. 5 Clause 3 (Insertion of new pt 18A)-- At page 5, line 21, after `(1)'-- insert-- `(a)'. 6 Clause 3 (Insertion of new pt 18A)-- At page 5, line 29, after `means'-- insert-- `the land in Clermont Block 1849, sub-block t and'. Page 3

 


 

Mineral Resources (Peak Downs Mine) Amendment Bill 2008 7 Clause 3 (Insertion of new pt 18A)-- At page 6, line 2, `lease'-- omit, insert-- `tenement'. 8 Clause 3 (Insertion of new pt 18A)-- At page 6, lines 3 to 5-- omit, insert-- ` `(1) For the prescribed period-- (a) a mining lease in respect of all or any of the prescribed land can only be applied for by, or granted to, the prescribed persons; and (b) no other mining tenement in respect of all or any of the prescribed land can be applied for by, or granted to, anyone.'. 9 Clause 3 (Insertion of new pt 18A)-- At page 6, line 6, after `Subsection (1)'-- insert-- `(a)'. 10 Clause 3 (Insertion of new pt 18A)-- At page 6, line 12, after `(1)'-- insert-- `(a)'. 11 Clause 3 (Insertion of new pt 18A)-- At page 6, lines 24 to 26-- omit, insert-- `(b) was-- Page 4

 


 

Mineral Resources (Peak Downs Mine) Amendment Bill 2008 (i) the subject of exploration permit for coal 545; or (ii) neither comprised in a mining tenement nor the subject of a current application for a mining tenement.'. © State of Queensland 2008

 


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