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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
North Stradbroke Island
Protection and Sustainability
Bill 2011
Queensland
North Stradbroke Island Protection and
Sustainability Bill 2011
Contents
Page
Part 1 Preliminary
Division 1 Introduction and object of Act
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Object of Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Division 2 Interpretation
4 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
5 Meaning of North Stradbroke Island Region . . . . . . . . . . . . . . . . 7
Part 2 Dealing with mining interests in the North Stradbroke
Island Region
Division 1 General provision
6 No compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Division 2 Provisions about mining interests
7 Application of pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
8 Termination of particular NSI mining interests . . . . . . . . . . . . . . . 8
9 Termination of mining lease 1109. . . . . . . . . . . . . . . . . . . . . . . . . 8
10 Particular NSI mining interests not to be renewed . . . . . . . . . . . . 9
11 Renewal of particular NSI mining leases . . . . . . . . . . . . . . . . . . . 9
12 Variation of conditions for particular NSI mining leases . . . . . . . . 10
13 Dealing with applications for grant of NSI mining interest . . . . . . 11
14 Prohibition on grant of NSI mining interest . . . . . . . . . . . . . . . . . . 12
Division 3 Provisions about particular environmental authority
15 Purpose of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
16 Definitions for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
17 Statutory conditions of the environmental authority for
Enterprise Mine ................................. 13
North Stradbroke Island Protection and Sustainability Bill 2011
Contents
18 Application by Enterprise Mine lease holder to amend
restricted mine path . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
19 Minister to decide application . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
20 Steps after making decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
21 Applications to amend restricted mine path of Enterprise Mine
lease under the Environmental Protection Act . . . . . . . . . . . . . . . 15
Part 3 Miscellaneous
22 Opening and closing of road on DP104026 . . . . . . . . . . . . . . . . . 16
Part 4 Amendment of Acts
Division 1 Amendment of Aboriginal Land Act 1991
23 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
24 Amendment of s 12 (Lands that are transferable lands) . . . . . . . 16
25 Amendment of pt 5B, hdg. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
26 Amendment of s 83F (Entering into indigenous management
agreement) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
27 Amendment of s 83G (Requirements for indigenous
management agreement) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
28 Insertion of new pt 5B, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Division 3 Protected areas in North Stradbroke Island
Region
83KA Requirement about grant of prescribed protected
areas in North Stradbroke Island Region . . . . . . . . . . 18
29 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 19
Division 2 Amendment of Nature Conservation Act 1992
30 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
31 Amendment of s 15 (Management of protected areas) . . . . . . . . 20
32 Amendment of s 16 (Management principles of national parks
(scientific)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
33 Amendment of s 17 (Management principles of national parks) . 20
34 Amendment of s 19A (Management principles of national parks
(recovery)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
35 Amendment of s 20 (Management principles of conservation
parks) ......................................... 21
36 Amendment of s 21 (Management principles of resources
reserves) ...................................... 21
37 Amendment of s 32 (Revocation of protected areas) . . . . . . . . . . 21
38 Amendment of s 33 (Amalgamation etc. of protected areas) . . . . 22
39 Amendment of s 34 (Leases etc. over protected areas). . . . . . . . 22
Page 2
North Stradbroke Island Protection and Sustainability Bill 2011
Contents
40 Amendment of s 35 (Chief executive's powers about permitted
uses in national parks or national parks (recovery)). . . . . . . . . . . 22
41 Amendment of s 36 (Authorities for new national park or
national park (recovery)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
42 Amendment of pt 4, div 3, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
43 Amendment of s 40 (Dedication of national park as national
park (Aboriginal land) or national park (Torres Strait Islander
land)) ......................................... 23
44 Insertion of new pt 4, div 3, sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . 23
Subdivision 3 Indigenous joint management areas
42AG Purpose of sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
42AH Declaration of a prescribed protected area as
indigenous joint management area . . . . . . . . . . . . . . 24
42AI Declaration of Aboriginal land as indigenous joint
management area . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
42AJ Declaration of other land as an indigenous joint
management area . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
42AK Revocation of dedication of protected area or
declaration of indigenous joint management areas . . 26
42AL Amalgamation etc. of protected areas that are
indigenous joint management areas . . . . . . . . . . . . . 26
42AM Effect of revocation of prescribed protected area on
indigenous joint management area . . . . . . . . . . . . . . 27
42AN Leases etc. over land in indigenous joint
management area ...................... 28
42AO Particular powers about permitted uses on land in
particular indigenous joint management areas . . . . . 29
42AP Authorities for new national park or national park
(recovery) that is an indigenous joint management
area ................................. 29
45 Amendment of s 111 (Management plans) . . . . . . . . . . . . . . . . . 31
46 Amendment of s 120 (Implementation of approved plan). . . . . . . 31
47 Amendment of sch (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Division 3 Amendment of Sustainable Planning Act 2009
48 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
49 Amendment of sch 1 (Prohibited development) . . . . . . . . . . . . . . 32
50 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 33
Schedule 1 Conditions of renewal for particular mining leases . . . . . . . . 34
Schedule 2 Variation of conditions of particular mining leases . . . . . . . . 35
Schedule 3 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Page 3
2011
A Bill
for
An Act to provide for the ending of mining in the North
Stradbroke Island Region, and to amend particular other Acts
to provide for indigenous joint management of particular land
in the region
North Stradbroke Island Protection and Sustainability Bill 2011
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Division 1 Introduction and object of Act 3
1 Short title 4
This Act may be cited as the North Stradbroke Island 5
Protection and Sustainability Act 2011. 6
2 Object of Act 7
The object of this Act is to substantially end mining interests 8
over land in the North Stradbroke Island Region by the end of 9
2019, and end mining in the region in 2025-- 10
(a) to protect and restore environmental values of the 11
region; and 12
(b) to facilitate, under other Acts, the staged creation of 13
areas to be jointly managed by the State and the 14
traditional owners of the region. 15
3 Act binds all persons 16
This Act binds all persons including the State and, to the 17
extent the legislative power of the Parliament permits, the 18
Commonwealth and the other States. 19
Page 6
North Stradbroke Island Protection and Sustainability Bill 2011
Part 2 Dealing with mining interests in the North Stradbroke Island Region
[s 4]
Division 2 Interpretation 1
4 Dictionary 2
The dictionary in schedule 3 defines particular words used in 3
this Act. 4
5 Meaning of North Stradbroke Island Region 5
(1) The North Stradbroke Island Region is the part of the State 6
shown as `Area A' and `Area B' on the map titled `NSI 1' 7
approved by the chief executive on 18 March 2011 and held 8
by the department. 9
Editor's note-- 10
The map titled `NSI 1' may be viewed on the department's website at 11
. 12
(2) The exact location of the boundary of the North Stradbroke 13
Island Region is held in digital electronic form by the 14
department. 15
(3) The information held in digital electronic form can be reduced 16
or enlarged to show the details of the boundary. 17
Part 2 Dealing with mining interests in 18
the North Stradbroke Island 19
Region 20
Division 1 General provision 21
6 No compensation 22
No amount, whether as compensation, reimbursement or 23
otherwise, is payable by the State to any person for or in 24
connection with the enactment or operation of this part. 25
Page 7
North Stradbroke Island Protection and Sustainability Bill 2011
Part 2 Dealing with mining interests in the North Stradbroke Island Region
[s 7]
Division 2 Provisions about mining interests 1
7 Application of pt 2 2
This part applies-- 3
(a) in relation to an NSI mining interest, including the 4
granting of an NSI mining interest; and 5
(b) despite the Mineral Resources Act or any other Act or 6
law. 7
8 Termination of particular NSI mining interests 8
(1) This section applies to an NSI mining interest if, under the 9
Mineral Resources Act, the term of the mining interest would, 10
apart from this section, and unless ended sooner for any 11
reason, end after 31 December 2019. 12
(2) This section does not apply to the following mining leases-- 13
(a) 1105; 14
(b) 1108; 15
(c) 1109; 16
(d) 1124; 17
(e) 7064. 18
(3) The term of the NSI mining interest, unless ended sooner for 19
any reason, ends at the end of 31 December 2019, and the 20
mining interest can not at any time be renewed. 21
(4) The holder of the NSI mining interest may not at any time 22
apply for a renewal of the mining interest under the Mineral 23
Resources Act after the commencement. 24
9 Termination of mining lease 1109 25
(1) The term of mining lease 1109, unless ended sooner for any 26
reason, ends at the end of 31 December 2015, and the lease 27
can not at any time be renewed. 28
Page 8
North Stradbroke Island Protection and Sustainability Bill 2011
Part 2 Dealing with mining interests in the North Stradbroke Island Region
[s 10]
(2) The holder of mining lease 1109 may not at any time apply for 1
a renewal of the mining lease under the Mineral Resources 2
Act after the commencement. 3
10 Particular NSI mining interests not to be renewed 4
(1) An application for renewal of a relevant NSI mining interest 5
made under the Mineral Resources Act but not decided before 6
the commencement-- 7
(a) can not be further dealt with under that Act; and 8
(b) is taken to have been withdrawn by the applicant on the 9
commencement. 10
(2) The holder of a relevant NSI mining interest may not apply for 11
a renewal of the mining interest under the Mineral Resources 12
Act after the commencement. 13
(3) A renewal of a relevant NSI mining interest can not be granted 14
under the Mineral Resources Act. 15
(4) In this section-- 16
holder, of a relevant NSI mining interest, means the holder of 17
the mining interest under the Mineral Resources Act. 18
relevant NSI mining interest means an NSI mining interest in 19
force on the commencement other than the following-- 20
(a) an NSI mining interest mentioned in schedule 1, column 21
1; 22
(b) an NSI mining interest mentioned in schedule 2, column 23
1; 24
(b) a mining interest to which section 8 or 9 applies. 25
11 Renewal of particular NSI mining leases 26
(1) On the commencement, each mining lease mentioned in 27
schedule 1, column 1 is taken to have been renewed under the 28
Mineral Resources Act. 29
(2) The mining lease is renewed-- 30
Page 9
North Stradbroke Island Protection and Sustainability Bill 2011
Part 2 Dealing with mining interests in the North Stradbroke Island Region
[s 12]
(a) for the term stated opposite the mining lease in schedule 1
1, column 2; and 2
(b) subject to-- 3
(i) each condition stated opposite the mining lease in 4
schedule 1, column 3; and 5
(ii) any condition to which the mining lease was 6
subject immediately before the renewal. 7
(3) The renewals have effect as if they were granted by the 8
Governor in Council under the Mineral Resources Act. 9
(4) If there is an inconsistency between a condition mentioned in 10
subsection (2)(b)(i) and a condition mentioned in subsection 11
(2)(b)(ii), the condition mentioned in subsection (2)(b)(i) 12
prevails to the extent of the inconsistency. 13
(5) A mining lease mentioned in schedule 1, column 1 can not at 14
any time be renewed after the end of the term stated opposite 15
the mining lease in schedule 1, column 2. 16
(6) The holder of a mining lease mentioned in schedule 1, column 17
1 may not at any time apply for a renewal of the mining lease 18
under the Mineral Resources Act after the commencement. 19
(7) This section does not limit the application of any provisions of 20
the Mineral Resources Act to the renewed mining lease 21
including, for example, provisions about cancelling a mining 22
lease or reducing its area. 23
(8) The renewal of each lease does not create any rights in 24
addition to the rights created in the initial granting of the 25
relevant lease. 26
12 Variation of conditions for particular NSI mining leases 27
(1) On the commencement, the conditions of each mining lease 28
mentioned in schedule 2, column 1 are varied as follows-- 29
(a) the term of the mining lease is varied to be the term 30
stated opposite the mining lease in schedule 2, column 31
2; 32
Page 10
North Stradbroke Island Protection and Sustainability Bill 2011
Part 2 Dealing with mining interests in the North Stradbroke Island Region
[s 13]
(b) from the day the mining lease would have expired apart 1
from this section, the conditions of the mining lease are 2
varied to include each condition stated opposite the 3
mining lease in schedule 2, column 3. 4
(2) The variations of the conditions of the mining leases have 5
effect as if they were made by the Governor in Council under 6
the Mineral Resources Act, section 294. 7
(3) If there is an inconsistency between a condition mentioned in 8
subsection (1)(b) and a condition to which the mining lease 9
was subject immediately before the variation of the term of 10
the mining lease, the condition mentioned in subsection (1)(b) 11
prevails to the extent of the inconsistency. 12
(4) A mining lease mentioned in schedule 2, column 1 can not at 13
any time be renewed after the end of the term stated opposite 14
the mining lease in schedule 2, column 2. 15
(5) The holder of a mining lease mentioned in schedule 2, column 16
1 may not at any time apply for a renewal of the mining lease 17
under the Mineral Resources Act after the commencement. 18
(6) This section does not limit the application of any provisions of 19
the Mineral Resources Act to the mining lease as varied by 20
this section including, for example, provisions about 21
cancelling a mining lease or reducing its area. 22
(7) The variation of the conditions of each lease does not create 23
any rights in addition to the rights created in the initial 24
granting of the relevant lease. 25
13 Dealing with applications for grant of NSI mining interest 26
(1) An application for the grant under the Mineral Resources Act 27
of an NSI mining interest made but not decided before the 28
commencement-- 29
(a) can not be further dealt with under that Act; and 30
(b) is taken to have been withdrawn by the applicant on the 31
commencement. 32
Page 11
North Stradbroke Island Protection and Sustainability Bill 2011
Part 2 Dealing with mining interests in the North Stradbroke Island Region
[s 14]
(2) A person can not apply under the Mineral Resources Act, the 1
Petroleum Act 1923 or the Petroleum and Gas (Production 2
and Safety) Act 2004 for a grant of an NSI mining interest 3
after the commencement. 4
14 Prohibition on grant of NSI mining interest 5
An NSI mining interest can not be granted. 6
Division 3 Provisions about particular 7
environmental authority 8
15 Purpose of div 3 9
The purpose of this division is to provide for the amendment 10
of a particular environmental authority for mining activities 11
on North Stradbroke Island. 12
16 Definitions for div 3 13
In this division-- 14
amendment application see the Environmental Protection 15
Act, section 238(1). 16
Enterprise Mine lease means mining lease 1105 or mining 17
lease 1117 under the Mineral Resources Act. 18
restricted mine path, for an Enterprise Mine lease, means the 19
area shown on the map titled `NSI 2' approved by the chief 20
executive on 18 March 2011 and held by the department. 21
Editor's note-- 22
The map titled `NSI 2' may be viewed on the department's website at 23
. 24
Page 12
North Stradbroke Island Protection and Sustainability Bill 2011
Part 2 Dealing with mining interests in the North Stradbroke Island Region
[s 17]
17 Statutory conditions of the environmental authority for 1
Enterprise Mine 2
Environmental authority MIN100971509 is taken to include 3
the following conditions-- 4
(a) mining activities that are the winning of a mineral from 5
the place where it occurs may be conducted only within 6
the restricted mine path for an Enterprise Mine lease; 7
and 8
(b) mining activities that are the winning of a mineral from 9
the place where it occurs within the restricted mine path 10
for an Enterprise Mine lease may only be conducted 11
until the end of 31 December 2019. 12
18 Application by Enterprise Mine lease holder to amend 13
restricted mine path 14
(1) A holder of an Enterprise Mine lease may apply, within 2 15
months after commencement, to the Minister to amend the 16
restricted mine path of an Enterprise Mine lease to add an area 17
of land to the restricted mine path. 18
(2) The application must be-- 19
(a) made in the approved form for an amendment 20
application; and 21
(b) supported by enough information to allow the Minister 22
to decide the application. 23
19 Minister to decide application 24
(1) The Minister must, within the period prescribed under the 25
Environmental Protection Regulation 2008 for an amendment 26
application, decide either to grant or refuse the application. 27
(2) However, the Minister may amend the restricted mine path of 28
an Enterprise Mine lease to add an area of land to the 29
restricted mine path only if-- 30
Page 13
North Stradbroke Island Protection and Sustainability Bill 2011
Part 2 Dealing with mining interests in the North Stradbroke Island Region
[s 20]
(a) the area proposed to be added to the mine path (the 1
added area) is not, or does not include, a threatened 2
ecosystem; and 3
(b) the Minister is satisfied that the addition of the added 4
area is reasonably necessary to facilitate mining at the 5
same rate of production, until 31 December 2019, as the 6
average rate for the Enterprise Mine lease over the two 7
years immediately before commencement; and 8
(c) the mine path, after addition of the added area, is 9
consistent with the conditions applying under 10
environmental authority MIN100971509. 11
(3) In this section-- 12
threatened ecosystem means an ecosystem identified in the 13
database known as the `Regional ecosystem description 14
database' kept by the department as one of the following-- 15
(a) an endangered dominant ecosystem; 16
(b) an endangered sub-dominant ecosystem; 17
(c) an of concern dominant ecosystem; 18
(d) an of concern sub-dominant ecosystem. 19
Editor's note-- 20
The Regional ecosystem description database is available for 21
inspection-- 22
(a) during office hours, at the Queensland Herbarium, Brisbane 23
Botanic Gardens, Mt Coot-tha Road, Toowong and each regional 24
office of the department; and 25
(b) on the department's website. 26
20 Steps after making decision 27
(1) If the Minister decides to grant the application, the Minister 28
must, within 10 business days after the decision is made-- 29
(a) amend the environmental authority to give effect to the 30
amendment; and 31
Page 14
North Stradbroke Island Protection and Sustainability Bill 2011
Part 2 Dealing with mining interests in the North Stradbroke Island Region
[s 21]
(b) record particulars of the amendment in the appropriate 1
register as if the authority had been amended under the 2
Environmental Protection Act; and 3
(c) give the applicant a copy of the amended environmental 4
authority. 5
(2) The amendment takes effect on the day of the amendment or a 6
later day stated in the amended environmental authority. 7
(3) If the Minister decides to refuse the application, the Minister 8
must, within 10 business days after the decision is made, give 9
the applicant a written notice about the decision. 10
21 Applications to amend restricted mine path of Enterprise 11
Mine lease under the Environmental Protection Act 12
(1) Sections 17 and 18 do not stop the holder of environmental 13
authority MIN100971509, whether or not amended under 14
section 19, from applying to amend the environmental 15
authority under the Environmental Protection Act, chapter 5, 16
part 8. 17
(2) However, an amendment of the environmental authority under 18
the Environmental Protection Act, chapter 5, part 8 can not be 19
made if the amendment would-- 20
(a) result in the total area of the restricted mine path being 21
increased in size-- 22
(i) if the restricted mine path is amended under 23
section 19--to an area more than 5% larger than 24
the restricted mine path as amended under the 25
section; or 26
(ii) otherwise--to an area more than 5% larger than 27
the restricted mine path as defined in section 16; or 28
(b) amend the condition of the environmental authority 29
stated in section 17(b). 30
(3) This section applies despite any provision of the 31
Environmental Protection Act or any other Act or law. 32
Page 15
North Stradbroke Island Protection and Sustainability Bill 2011
Part 3 Miscellaneous
[s 22]
Part 3 Miscellaneous 1
22 Opening and closing of road on DP104026 2
(1) Lot 1 on SP228368 is dedicated to be a road for public use 3
under the Land Act 1994. 4
(2) The area of land shown as road to be closed on SP228368 is 5
taken to be closed under the Land Act 1994. 6
(3) This section applies despite any provision of the Land Act 7
1994. 8
Part 4 Amendment of Acts 9
Division 1 Amendment of Aboriginal Land Act 10
1991 11
23 Act amended 12
This division amends the Aboriginal Land Act 1991. 13
24 Amendment of s 12 (Lands that are transferable lands) 14
Section 12(1)-- 15
insert-- 16
`(h) land in the following lots-- 17
(i) Lot 1 on SP228365; 18
(ii) Lot 5 on SP228365; 19
(iii) Lot 129 on SP228365; 20
(iv) Lot 130 on SP228365; 21
(v) Lot 113 on SP228365; 22
Page 16
North Stradbroke Island Protection and Sustainability Bill 2011
Part 4 Amendment of Acts
[s 25]
(vi) Lot 119 on SP228365; 1
(vii) Lot 1 on SP228366; 2
(viii) Lot 2 on SP228367; 3
(ix) Lot 1951 on SP228368; 4
(x) Lot 90 on CP816530; 5
(xi) Lot 147 on SL7542; 6
(xii) Lot 300 on SP104019.'. 7
25 Amendment of pt 5B, hdg 8
Part 5B, heading, from `national'-- 9
omit, insert-- 10
`land in Cape York Peninsula Region and North 11
Stradbroke Island Region'. 12
26 Amendment of s 83F (Entering into indigenous 13
management agreement) 14
(1) Section 83F(1)(a), after `Region'-- 15
insert-- 16
`or the North Stradbroke Island Region'. 17
(2) Section 83F(1)(b), from `become'-- 18
omit, insert-- 19
`become-- 20
(i) for land in the Cape York Peninsula Region--a 21
national park (Cape York Peninsula Aboriginal 22
land); or 23
(ii) for land in the North Stradbroke Island 24
Region--an indigenous joint management area.'. 25
(3) Section 83F(2), after `land)'-- 26
Page 17
North Stradbroke Island Protection and Sustainability Bill 2011
Part 4 Amendment of Acts
[s 27]
insert-- 1
`or an indigenous joint management area' 2
27 Amendment of s 83G (Requirements for indigenous 3
management agreement) 4
(1) Section 83G(1)(b), from `managed'-- 5
omit, insert-- 6
`managed in perpetuity as-- 7
(i) for land in the Cape York Peninsula Region--a 8
national park (Cape York Peninsula Aboriginal 9
land); or 10
(ii) for land in the North Stradbroke Island 11
Region--an indigenous joint management area; 12
and'. 13
(2) Section 83G(2), after `Aboriginal land)'-- 14
insert-- 15
`or an indigenous joint management area'. 16
28 Insertion of new pt 5B, div 3 17
Part 5B, after section 83K-- 18
insert-- 19
`Division 3 Protected areas in North Stradbroke 20
Island Region 21
`83KA Requirement about grant of prescribed protected 22
areas in North Stradbroke Island Region 23
`(1) This section applies to transferable land if the land is, or 24
includes part of, a prescribed protected area in the North 25
Stradbroke Island Region. 26
`(2) Before the land is granted under this Act, the trustee, or 27
proposed trustee, for the land must enter into an indigenous 28
Page 18
North Stradbroke Island Protection and Sustainability Bill 2011
Part 4 Amendment of Acts
[s 29]
management agreement with the State about the management 1
of the land. 2
`(3) A grant of the land under this Act is subject to the condition 3
that the land must become an indigenous joint management 4
area. 5
`(4) In this section-- 6
prescribed protected area means land that is any of the 7
following under the Nature Conservation Act 1992-- 8
(a) a national park (scientific); 9
(b) a national park; 10
(c) a national park (recovery); 11
(d) a conservation park; 12
(e) a resources reserve.'. 13
29 Amendment of schedule (Dictionary) 14
Schedule-- 15
insert-- 16
`indigenous joint management area means an area declared 17
under the Nature Conservation Act 1992 as an indigenous 18
joint management area. 19
North Stradbroke Island Region see the North Stradbroke 20
Island Protection and Sustainability Act 2011, section 5.'. 21
Division 2 Amendment of Nature Conservation 22
Act 1992 23
30 Act amended 24
This division amends the Nature Conservation Act 1992. 25
Page 19
North Stradbroke Island Protection and Sustainability Bill 2011
Part 4 Amendment of Acts
[s 31]
31 Amendment of s 15 (Management of protected areas) 1
Section 15(1)(b)(ii), from `Aboriginal' to `any'-- 2
omit, insert-- 3
`Aboriginal land) or an indigenous joint management 4
area--any'. 5
32 Amendment of s 16 (Management principles of national 6
parks (scientific)) 7
Section 16-- 8
insert-- 9
`(3) Subject to subsections (1) and (2), a national park (scientific), 10
or a part of a national park (scientific), that is also an 11
indigenous joint management area is to be managed, as far as 12
practicable, in a way that is consistent with any Aboriginal 13
tradition applicable to the area, including any tradition 14
relating to activities in the area.'. 15
33 Amendment of s 17 (Management principles of national 16
parks) 17
Section 17-- 18
insert-- 19
`(3) Subject to subsections (1) and (2), a national park, or a part of 20
a national park, that is also an indigenous joint management 21
area is to be managed, as far as practicable, in a way that is 22
consistent with any Aboriginal tradition applicable to the area, 23
including any tradition relating to activities in the area.'. 24
34 Amendment of s 19A (Management principles of national 25
parks (recovery)) 26
Section 19A-- 27
insert-- 28
`(2) Subject to subsection (1), a national park (recovery), or a part 29
of a national park (recovery), that is also an indigenous joint 30
Page 20
North Stradbroke Island Protection and Sustainability Bill 2011
Part 4 Amendment of Acts
[s 35]
management area is to be managed, as far as practicable, in a 1
way that is consistent with any Aboriginal tradition applicable 2
to the area, including any tradition relating to activities in the 3
area.'. 4
35 Amendment of s 20 (Management principles of 5
conservation parks) 6
Section 20-- 7
insert-- 8
`(2) Subject to subsection (1), a conservation park, or a part of a 9
conservation park, that is also an indigenous joint 10
management area is to be managed, as far as practicable, in a 11
way that is consistent with any Aboriginal tradition applicable 12
to the area, including any tradition relating to activities in the 13
area.'. 14
36 Amendment of s 21 (Management principles of resources 15
reserves) 16
Section 21-- 17
insert-- 18
`(3) Subject to subsections (1) and (2), a resources reserve, or a 19
part of a resources reserve, that is also an indigenous joint 20
management area is to be managed, as far as practicable, in a 21
way that is consistent with any Aboriginal tradition applicable 22
to the area, including any tradition relating to activities in the 23
area.'. 24
37 Amendment of s 32 (Revocation of protected areas) 25
Section 32-- 26
insert-- 27
`(3) This section does not apply to a protected area, or a part of a 28
protected area, that is an indigenous joint management area. 29
Page 21
North Stradbroke Island Protection and Sustainability Bill 2011
Part 4 Amendment of Acts
[s 38]
Note-- 1
For a protected area that is also an indigenous joint management area, 2
see section 42AK. Also, note section 42AM.'. 3
38 Amendment of s 33 (Amalgamation etc. of protected 4
areas) 5
Section 33-- 6
insert-- 7
`(3) This section does not apply to a protected area, or a part of a 8
protected area, that is an indigenous joint management area. 9
Note-- 10
For a protected area, or part of a protected area, that is an indigenous 11
joint management area, see section 42AL. Also, note section 42AM.'. 12
39 Amendment of s 34 (Leases etc. over protected areas) 13
Section 34-- 14
insert-- 15
`(3) This section does not apply to a protected area, or a part of a 16
protected area, that is an indigenous joint management area. 17
Note-- 18
For a protected area, or part of a protected area, that is an indigenous 19
joint management area, see section 42AN.'. 20
40 Amendment of s 35 (Chief executive's powers about 21
permitted uses in national parks or national parks 22
(recovery)) 23
Section 35-- 24
insert-- 25
`(3) This section does not apply to-- 26
(a) a national park, or a part of a national park, that is an 27
indigenous joint management area; or 28
Page 22
North Stradbroke Island Protection and Sustainability Bill 2011
Part 4 Amendment of Acts
[s 41]
(b) a national park (recovery), or a part of a national park 1
(recovery), that is an indigenous joint management area. 2
Note-- 3
For an indigenous joint management area, see section 42AO.'. 4
41 Amendment of s 36 (Authorities for new national park or 5
national park (recovery)) 6
Section 36-- 7
insert-- 8
`(5A) This section does not apply to-- 9
(a) a national park, or a part of a national park, that is an 10
indigenous joint management area; or 11
(b) a national park (recovery), or a part of a national park 12
(recovery), that is an indigenous joint management area. 13
Note-- 14
For an indigenous joint management area, see section 42AP.'. 15
42 Amendment of pt 4, div 3, hdg 16
Part 4, division 3, heading, after `land)'-- 17
insert-- 18
`and indigenous joint management areas'. 19
43 Amendment of s 40 (Dedication of national park as 20
national park (Aboriginal land) or national park (Torres 21
Strait Islander land)) 22
Section 40(1)(a), after `Region'-- 23
insert-- 24
`or the North Stradbroke Island Region'. 25
44 Insertion of new pt 4, div 3, sdiv 3 26
Part 4, division 3-- 27
Page 23
North Stradbroke Island Protection and Sustainability Bill 2011
Part 4 Amendment of Acts
[s 44]
insert-- 1
`Subdivision 3 Indigenous joint management areas 2
`42AG Purpose of sdiv 3 3
`The purpose of this subdivision is to provide for the 4
declaration of prescribed protected areas situated in the North 5
Stradbroke Island Region as indigenous joint management 6
areas. 7
`42AH Declaration of a prescribed protected area as 8
indigenous joint management area 9
`(1) This section applies to a prescribed protected area, or part of a 10
prescribed protected area, (the protected area land) if-- 11
(a) the protected area land is in the North Stradbroke Island 12
Region and becomes Aboriginal land; and 13
(b) the Minister is satisfied an indigenous management 14
agreement about the management of the Aboriginal land 15
has been entered into. 16
`(2) On the land becoming Aboriginal land, the Minister must 17
recommend to the Governor in Council the making of a 18
regulation declaring the protected area land as an indigenous 19
joint management area. 20
`(3) Despite any other Act, the declaration under the regulation is 21
taken to have effect on the delivery of the deed of grant over 22
the protected area land to the indigenous landholder for the 23
land. 24
`42AI Declaration of Aboriginal land as indigenous joint 25
management area 26
`(1) This section applies to Aboriginal land in the North 27
Stradbroke Island Region that is not a prescribed protected 28
area or included in a prescribed protected area if-- 29
Page 24
North Stradbroke Island Protection and Sustainability Bill 2011
Part 4 Amendment of Acts
[s 44]
(a) the indigenous landholder for the land has entered into 1
an indigenous management agreement for it; and 2
(b) the Minister and the indigenous landholder agree that 3
the land is to be managed as an indigenous joint 4
management area. 5
`(2) The Minister must recommend to the Governor in Council the 6
making of a regulation-- 7
(a) dedicating the land as a prescribed protected area; and 8
(b) declaring the land as an indigenous joint management 9
area. 10
`(3) The regulation may define the extent of the land by reference 11
to-- 12
(a) a stated depth below the surface of the land; or 13
(b) a stated height above the surface of the land. 14
`42AJ Declaration of other land as an indigenous joint 15
management area 16
`(1) This section applies to land in the North Stradbroke Island 17
Region, other than land to which section 42AI applies, that is 18
not a prescribed protected area or included in a prescribed 19
protected area if-- 20
(a) under the Aboriginal Land Act 1991, an entity has 21
entered into an indigenous management agreement for 22
the land; and 23
(b) the Minister and the entity agree that the land is to be 24
managed as an indigenous joint management area. 25
`(2) If the land becomes Aboriginal land-- 26
(a) the grant of the land as Aboriginal land is subject to a 27
condition that the land must become-- 28
(i) a prescribed protected area; and 29
(ii) an indigenous joint management area; and 30
Page 25
North Stradbroke Island Protection and Sustainability Bill 2011
Part 4 Amendment of Acts
[s 44]
(b) the Minister must recommend to the Governor in 1
Council the making of a regulation-- 2
(i) dedicating the land as a prescribed protected area; 3
and 4
(ii) declaring the land as an indigenous joint 5
management area. 6
`(3) The regulation may define the extent of the land by reference 7
to-- 8
(a) a stated depth below the surface of the land; or 9
(b) a stated height above the surface of the land. 10
`42AK Revocation of dedication of protected area or 11
declaration of indigenous joint management areas 12
`(1) A regulation may-- 13
(a) revoke the dedication of a protected area, or part of a 14
protected area, that is an indigenous joint management 15
area; or 16
(b) revoke the declaration of all or a part of an indigenous 17
joint management area; 18
only if the land the subject of the revocation has been 19
surrendered to the State. 20
`(2) A regulation under subsection (1)(a) may be made only if the 21
Legislative Assembly has, on a motion of which at least 28 22
days notice has been given, passed a resolution requesting the 23
Governor in Council to make the revocation. 24
`42AL Amalgamation etc. of protected areas that are 25
indigenous joint management areas 26
`(1) This section applies only to protected areas that are 27
indigenous joint management areas. 28
`(2) The Governor in Council may, by regulation-- 29
Page 26
North Stradbroke Island Protection and Sustainability Bill 2011
Part 4 Amendment of Acts
[s 44]
(a) amalgamate protected areas of the same class, and 1
assign a name to the amalgamated area; or 2
(b) change the class of a protected area by dedicating the 3
area as another class of protected area; or 4
(c) change the boundaries of a protected area. 5
`(3) If, because of the change in the class of a protected area, the 6
area will be given less protection under this Act, the 7
regulation may be made-- 8
(a) only with the consent of the indigenous landholder for 9
the land; and 10
(b) only if the Legislative Assembly has, on a motion of 11
which at least 28 days notice has been given, passed a 12
resolution requesting the Governor in Council to make 13
the revocation. 14
`(4) If, because of the change in the boundaries of a protected area, 15
land will be removed from the area (other than for the purpose 16
of dedicating the removed land as land with the same or a 17
higher level of protection under this Act), the regulation may 18
be made only if-- 19
(a) the land to be removed has been surrendered to the 20
State; and 21
(b) the Legislative Assembly has, on a motion of which at 22
least 28 days notice has been given, passed a resolution 23
requesting the Governor in Council to make the 24
revocation. 25
`(5) This section applies despite section 42AK. 26
`42AM Effect of revocation of prescribed protected area on 27
indigenous joint management area 28
`(1) This section applies if-- 29
(a) the dedication of a prescribed protected area, or part of a 30
prescribed protected area, that is an indigenous joint 31
management area is revoked under this Act; or 32
Page 27
North Stradbroke Island Protection and Sustainability Bill 2011
Part 4 Amendment of Acts
[s 44]
(b) a prescribed protected area, or part of a prescribed 1
protected area, that is an indigenous joint management 2
area is removed under section 42AL(2). 3
`(2) On the revocation of the dedication of, or the removal of, the 4
prescribed protected area or part-- 5
(a) if the area or part is dedicated as another class of 6
prescribed protected area--the declaration of the 7
indigenous joint management area continues in force; or 8
(b) otherwise--the declaration of the indigenous joint 9
management area for the protected area or part is taken 10
to have been revoked. 11
`42AN Leases etc. over land in indigenous joint 12
management area 13
`(1) A lease, agreement, licence, permit or other authority over, or 14
in relation to, land in an indigenous joint management area, 15
other than an agreement or a licence, permit or other authority 16
issued or given under a regulation, may be granted, made, 17
issued or given only-- 18
(a) by the chief executive with the consent of the indigenous 19
landholder for the land; or 20
(b) by the indigenous landholder for the land with the 21
consent of the chief executive. 22
`(2) A lease, agreement, licence, permit or other authority 23
mentioned in subsection (1) must be consistent with-- 24
(a) the management principles and management plan for 25
the indigenous joint management area; and 26
(b) any indigenous land use agreement for the land; and 27
(c) the indigenous management agreement for the land. 28
Page 28
North Stradbroke Island Protection and Sustainability Bill 2011
Part 4 Amendment of Acts
[s 44]
`42AO Particular powers about permitted uses on land in 1
particular indigenous joint management areas 2
`(1) The chief executive and the indigenous landholder for land in 3
a national park or national park (recovery), or part of a 4
national park or national park (recovery), that is an indigenous 5
joint management area, may grant, make, issue or give a lease, 6
agreement, licence, permit or other authority over, or in 7
relation to, the land if-- 8
(a) the use under the authority is only for a service facility; 9
and 10
(b) if the land is in a national park--the cardinal principle 11
for the management of national parks will be observed 12
to the greatest extent possible; and 13
(c) if the land is in a national park (recovery)--the 14
management principle under section 19A(1)(a) will be 15
observed to the greatest extent possible; and 16
(d) the chief executive and the indigenous landholder are 17
satisfied-- 18
(i) the use will be in the public interest; and 19
(ii) the use is ecologically sustainable; and 20
(iii) there is no reasonably practicable alternative to the 21
use; and 22
(e) the use under the authority is prescribed under a 23
regulation made for this section to be a permitted use for 24
the indigenous joint management area. 25
`(2) Subsection (1) has effect despite sections 15 and 42AN(2). 26
`42AP Authorities for new national park or national park 27
(recovery) that is an indigenous joint management 28
area 29
`(1) This section applies if-- 30
(a) land is, or is part of, an indigenous joint management 31
area; and 32
Page 29
North Stradbroke Island Protection and Sustainability Bill 2011
Part 4 Amendment of Acts
[s 44]
(b) the land is dedicated as a national park or national park 1
(recovery); and 2
(c) immediately before the dedication, the land was being 3
used (the previous use) in a way that is inconsistent with 4
the management principles of the park. 5
`(2) The chief executive and the indigenous landholder for land in 6
the national park or national park (recovery), or a part of the 7
national park or national park (recovery), that is an indigenous 8
joint management area, may grant an authority (a previous 9
use authority) over, or in relation to, the land to allow the 10
previous use to continue for no more than the allowable term 11
after the dedication. 12
`(3) However, a previous use authority must not be granted for a 13
national park if the previous use was under a sales permit 14
under the Forestry Act 1959, section 56. 15
`(4) A previous use authority must not be renewed. 16
`(5) This section applies despite sections 15 and 42AN(2). 17
`(6) In this section-- 18
allowable term, in relation to a previous use authority, means 19
a term no longer than-- 20
(a) if the previous use was under a permit or lease as 21
follows, the term that is the unexpired term of the permit 22
or lease-- 23
(i) an occupation permit under the Forestry Act 1959, 24
section 35(1)(a) under which the right of 25
occupation is only for a service facility; 26
(ii) a stock grazing permit under the Forestry Act 1959, 27
section 35(1)(c); 28
(iii) an apiary permit under the Forestry Act 1959, 29
section 35(1)(d); 30
(iv) a sales permit under the Forestry Act 1959, section 31
56, for the taking of plant parts if it does not 32
authorise cutting or pruning of plants so severely 33
that the plant is likely to die; 34
Page 30
North Stradbroke Island Protection and Sustainability Bill 2011
Part 4 Amendment of Acts
[s 45]
(v) a lease under the Land Act 1994; or 1
(b) otherwise--3 years after the dedication. 2
authority means an agreement or a lease, licence, permit or 3
other authority. 4
plant parts means the flowers, foliage, seeds or stems of the 5
plant.'. 6
45 Amendment of s 111 (Management plans) 7
(1) Section 111(1)(b)-- 8
insert-- 9
`(iv) an indigenous joint management area;'. 10
(2) Section 111(8), after `land)'-- 11
insert-- 12
`or an indigenous joint management area'. 13
46 Amendment of s 120 (Implementation of approved plan) 14
(1) Section 120(1), after `protected area'-- 15
insert-- 16
`or an indigenous joint management area'. 17
(2) Section 120(1)(b), after `land)'-- 18
insert-- 19
`or an indigenous joint management area'. 20
47 Amendment of sch (Dictionary) 21
Schedule-- 22
insert-- 23
`indigenous joint management area means an area declared 24
under this Act as an indigenous joint management area. 25
Page 31
North Stradbroke Island Protection and Sustainability Bill 2011
Part 4 Amendment of Acts
[s 48]
indigenous landholder, for a protected area or land, means 1
the entity that, under the Aboriginal Land Act 1991 or the 2
Torres Strait Islander land Act 1991, is the trustee for the 3
protected area or land. 4
North Stradbroke Island Region see the North Stradbroke 5
Island Protection and Sustainability Act 2011, section 5. 6
prescribed protected area means a protected area of a 7
following class-- 8
(a) a national park (scientific); 9
(b) a national park; 10
(c) a national park (recovery); 11
(d) a conservation park; 12
(e) a resources reserve.'. 13
Division 3 Amendment of Sustainable 14
Planning Act 2009 15
48 Act amended 16
This division amends the Sustainable Planning Act 2009. 17
49 Amendment of sch 1 (Prohibited development) 18
Schedule 1-- 19
insert-- 20
`For a dredging or extractive activity in the North Stradbroke Island
Region
13 Development in the North Stradbroke Island Region that is an
environmentally relevant activity under the Environmental Protection
Regulation 2008, schedule 2, part 4, section 16 to the extent it involves
dredging or extracting more than 10000 tonnes of material a year.'.
Page 32
North Stradbroke Island Protection and Sustainability Bill 2011
Part 4 Amendment of Acts
[s 50]
50 Amendment of sch 3 (Dictionary) 1
Schedule 3-- 2
insert-- 3
`North Stradbroke Island Region see the North Stradbroke 4
Island Protection and Sustainability Act 2011, section 5.'. 5
Page 33
North Stradbroke Island Protection and Sustainability Bill 2011
Schedule 1
Schedule 1 Conditions of renewal for 1
particular mining leases 2
section 11 3
Column 1 Column 2 Column 3
Mining lease Term of renewal Conditions for renewal
Mining lease 1117 The term of renewal
ends at the end of 31
December 2019.
Mining leases 1103, The term of renewal The winning of a
1118, 1119, 1120, 1121, ends at the end of 31 mineral from the place
1129 and 1130 December 2019. where it occurs in the
area of land over which
the lease is granted is
not permitted under the
lease.
Mining lease 1122 The term of renewal The winning of a
ends at the end of 31 mineral from the place
December 2015. where it occurs in the
area of land over which
the lease is granted is
not permitted under the
lease.
Mining lease 1124 The term of renewal The winning of a
ends at the end of 31 mineral from the place
October 2025. where it occurs in the
area of land over which
the lease is granted is
not permitted under the
lease.
Page 34
North Stradbroke Island Protection and Sustainability Bill 2011
Schedule 2
Schedule 2 Variation of conditions of 1
particular mining leases 2
section 12 3
Column 1 Column 2 Column 3
Mining lease Term Conditions
Mining lease 1163 The term for the mining The winning of a
lease is varied to end at mineral from the place
the end of 31 December where it occurs in the
2019. area of land over which
the lease is granted is
not permitted under the
lease.
Mining lease 1140 The term for the mining The winning of a
lease is varied to end at mineral from the place
the end of 31 December where it occurs in the
2019. area of land over which
the lease is granted is
not permitted under the
lease.
Mining lease 7064 The term for the mining The winning of a
lease is varied to end at mineral from the place
the end of 31 October where it occurs in the
2025. area of land over which
the lease is granted is
not permitted under the
lease.
Page 35
North Stradbroke Island Protection and Sustainability Bill 2011
Schedule 3
Schedule 3 Dictionary 1
section 4 2
commencement means the day this definition commences. 3
environmental authority see the Environmental Protection 4
Act, schedule 4. 5
Environmental Protection Act means the Environmental 6
Protection Act 1994. 7
Mineral Resources Act means the Mineral Resources Act 8
1989. 9
mining interest means any lease, licence, permit or other 10
instrument authorised under-- 11
(a) the Mineral Resources Act; or 12
(b) the Petroleum Act 1923; or 13
(c) the Petroleum and Gas (Production and Safety) Act 14
2004. 15
mining lease means a mining lease under the Mineral 16
Resources Act. 17
North Stradbroke Island Region see section 5. 18
NSI mining interest means a mining interest over land in the 19
North Stradbroke Island Region. 20
© State of Queensland 2011
Page 36
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