Mineral, Water and Other Legislation Amendment Act
The Mineral, Water and Other Legislation Amendment Act 2018 came into effect on 25 October 2018.
Changes to dispute resolution processes
The Mineral, Water and Other Legislation Amendment Act 2018 will introduce changes to the negotiation of conduct and compensation agreements and make good agreements, which will commence by proclamation.
These changes were made in response to the recommendations of the Independent Review of the Gasfields Commission Queensland and Associated Matters and will make the negotiation of these agreements more flexible and efficient for both landholders and resource companies.
The changes will:
- remove departmental conferences as an alternative dispute resolution (ADR) option for the statutory negotiation process
- refer disagreements about the type of ADR which should be undertaken or the preferred ADR facilitator to the Land Court or a prescribed ADR institute
- establish a distinct arbitration process as an alternative to making an application to the Land Court if a conduct and compensation agreement (CCA) or a make good agreement has not been reached following the statutory negotiation process
- ensure resource authority holders’ existing obligation to cover a landholder’s necessarily and reasonably incurred professional fees (legal, accounting, valuation and agronomist fees) apply even if negotiations do not result in an agreement
- ensure the costs of the ADR practitioner are paid by the resource authority holder regardless of who issues the ADR election notice
- enable landholders to recover from the resource authority holder the necessarily and reasonably incurred costs of an agronomist engaged to assess the impact the resource activities may have on their land.
Operational improvements to the resources Acts
The Mineral, Water and Other Legislation Amendment Act 2018 also introduced other amendments to enhance the operation of the resources acts such as:
- streamlining compensation referrals to the Land Court under the Mineral Resources Act 1989
- allowing coal mining projects to apply for an exploration permit for coal outside of the usual tendering process, provided the exploration area is contiguous to a coal mining project and meets other conditions
- phasing out hard-copy versions of tenure instruments including licenses and permits
- simplifying reporting requirements.
These changes commenced on assent.
Changes to the Water Act 2000
The Mineral, Water and Other Legislation Amendment Act 2018 amended the Water Act 2000 to:
- ensure that the water-related effects of climate change are considered when making a draft water plan or a draft water use plan
- provide for the inclusion of cultural outcomes in water plans to support the protection of the cultural values of water resources for Aboriginal peoples and Torres Strait Islanders
- allow temporary access to strategic water infrastructure reserves for up to 3 years
- establish new powers for dealing with urgent water quality issues.
Read more about these and other changes to the Water Act.
- Read the explanatory notes to find out more about the objectives of the Act.
- Find out more about the committee’s Inquiry into the Mineral, Water and Other Legislation Amendment Bill.
- Read about how water plans are developed and implemented.
- Email email@example.com or firstname.lastname@example.org.
Last updated 7 January 2019