Queensland Numbered Acts

STRONG AND SUSTAINABLE RESOURCE COMMUNITIES ACT 2017 - SECT 29

29 Insertion of new ch 12, pt 4A

Chapter 12—
insert—

Part 4A - Moratorium relating to mineral (f)

Division 1 - Preliminary

334ZJA Purpose of part This part provides for matters relating to a moratorium for mineral (f).

334ZJB Relationship with other provisions

(1) This part applies despite any other provision of this Act or a mineral (f) development licence.

(2) This part does not suspend, limit or otherwise affect rights or obligations of the holder of a mineral (f) development licence under—

(a) a relevant environmental condition for the licence; or

(b) the Environmental Protection Act; or

(c) the Petroleum and Gas (Production and Safety) Act, chapter 3; or

(d) another Act relating to mining tenements.

334ZJC Inconsistency with other provisions If a provision of this part is inconsistent with another provision of this Act, the provision of this part applies instead of the other provision to the extent of the inconsistency.

Division 2 - Activities for mineral (f)

334ZJD Prohibitions relating to mineral (f)

(1) A person may not apply for—

(a) the renewal of a mineral (f) development licence under section 197 ; or

(b) approval to add mineral (f) to a mineral development licence under section 208 ; or

(c) a mining lease for mineral (f) under section 232 ; or

(d) approval to mine mineral (f) under section 298 .

(2) The Minister must not—

(a) renew a mineral (f) development licence under section 197A ; or

(b) approve an application to add mineral (f) to a mineral development licence under section 208 ; or

(c) grant a mining lease for mineral (f) under section 234 ; or

(d) approve an application to mine mineral (f) under section 298 .

(3) This section does not apply to the renewal of a mineral (f) development licence under section 334ZJG .

334ZJE Activities under mineral (f) development licence

(1) Any activity relating to mineral (f) under a mineral (f) development licence, other than rehabilitation activities, is not authorised to be carried out under this Act or any other Act relating to mining.

(2)
"Rehabilitation activities" are—

(a) carrying out—

(i) rehabilitation or environmental management required under any relevant environmental requirement under the Environmental Protection Act; or

(ii) environmental monitoring; or

Example—

monitoring air, ecology, fauna, hydrology, soil or water

(iii) decommissioning activities that demonstrate the gas production process within a coal seam has stopped; or

(iv) improvement restoration for the mineral (f) development licence; or

(v) care and maintenance of disturbed areas; or

(b) maintaining, moving or removing equipment, machinery or plant; or

(c) any other activity that is reasonably necessary for, or incidental to, carrying out an activity mentioned in paragraph (a) or (b).

334ZJF Obligations under mineral (f) development licence

(1) This section applies if the Minister is satisfied a mineral (f) development licence authorises only rehabilitation activities.

(2) The Minister may, by written notice given to the holder of the licence—

(a) waive the holder’s rent obligation for all or part of the term of the licence; or

(b) waive or reduce another obligation of the holder in relation to mineral (f) for all or part of the term of the licence.�

(3) In this section—

"obligation" means an obligation under—

(a) this Act; or

(b) a condition of the licence.

"rent obligation" means the obligation to pay rental on the licence.

334ZJG Automatic renewal of mineral (f) development licence

(1) This section applies to a mineral (f) development licence to the extent the licence relates to rehabilitation activities.

(2) The licence is taken to be renewed in relation to the rehabilitation activities, for the same term and on the same conditions, from the day after the licence’s expiry day.