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Mines and Energy Legislation Amendment Bill 2008
Mines and Energy Legislation
Amendment Bill 2008
Explanatory Notes for amendments to be
moved during consideration in detail by the
Honourable Geoff Wilson MP
Title of the Bill
Mines and Energy Legislation Amendment Bill 2008 (the Bill).
Objectives of the Amendments
The objectives of the amendments are to remove proposed amendments to
the Mineral Resources Act 1989 (MRA) to:
· allow the Mining Registrar to reject or condition the grant of
prospecting permits in the public interest;
· allow the Mining Registrar to cancel a prospecting permit if the
registrar considers the cancellation is in the public interest;
· allow the Minister for Mines and Energy (the Minister) to reject
or condition the grant of exploration permits in the public
interest;
· allow the Minister to refuse to approve a program of work
accompanying an application for the grant of an exploration
permit if the Minister considers that the program is not in the
public interest;
· allow the Minister to refuse to make a variation to conditions of
an existing permit if the variation is not in the public interest; and
· allow the Minister to decide a condition of a renewed permit in
the public interest.
The amendments also:
· remove provisions proposed to be inserted into the MRA to
confirm that transitional provisions established under the MRA
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Mines and Energy Legislation Amendment Bill 2008
applied to the renewal of leases initially provided for by special
agreement acts;
· clarify that land contiguous to the oil shale moratorium area, may
by regulation, be added to the moratorium area; and
· limit a proposed new division concerning rental payments for
mining leases under special agreement acts to dealing with the
due date for rental payments.
Consistency with Fundamental Legislative Principles
The proposed amendments comply with Fundamental Legislative
Principles.
Consultation
The Premier has been consulted on the proposed amendments.
Notes on Provisions
Amendment 1 amends clause 21, 22 and 23 to omit proposed amendments
to the Mineral Resources Act 1989 (MRA) that would allow:
· a prospecting permit to be refused in the public interest;
· a Mining Registrar to condition a prospecting permit in the
public interest; and
· the cancellation of a prospecting permit in the public interest.
Amendment 2 amends clause 32 to omit the proposed amendment to the
MRA that would allow the Minister to refuse to grant an exploration permit
in the public interest.
Amendment 3 amends clause 32 to omit the proposed amendment to the
MRA that would allow the Minister to refuse to approve a program of work
accompanying an application for the grant of an exploration permit if the
Minister considers that the program is not in the public interest.
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Mines and Energy Legislation Amendment Bill 2008
Amendment 4 amends clause 34 to omit the proposed amendment to the
MRA that would allow the Minister to determine a condition of an
exploration permit in the public interest. Amendment 4 also renumbers
clause 34.
Amendment 5 amends clause 35 to omit the proposed amendment to the
MRA that would allow the Minister to refuse to make a variation to
conditions of an existing exploration permit if the variation is not in the
public interest. Amendment 5 also renumbers clause 35.
Amendment 6 amends clause 37 to omit the proposed amendment to the
MRA that would allow the Minister to decide a condition of a renewed
exploration permit in the public interest.
Amendments 7 and 8 amend clause 71 to make clear that land contiguous
to the oil shale moratorium area, may by regulation, be added to the
moratorium area.
Amendments 9 and 10 omit clauses 75 and 76 to allow further legal
clarification of the application of transitional provisions of the MRA to
mining leases established under special agreement acts.
Amendment 11 amends clause 77 to make clear that mining leases
administered under special agreement Acts are subject to rental due date
provisions of the MRA. The amendment also clarifies that the amount of
rental for leases under special agreement is prescribed by the relevant
special agreement act until the date of renewal, and after renewal is
prescribed by the MRA.
© State of Queensland 2008
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