2 March, 2019 –
This week the Queensland Government introduced legislation into parliament to help bring Queensland’s publicly owned clean electricity generator, CleanCo a step closer.
The Natural Resources and Other Legislation Amendment (NROLA) Bill 2019 provides a number of significant improvements to existing legislation around state natural resources legislation, including land and water.
CleanCo delivers on the Queensland Government’s objectives for a clean energy future, affordable energy electricity prices, and growing investment and jobs.
It will achieve this by supporting the growth of our renewable energy industry and increasing competition in the wholesale electricity market.
Key points of the NROLA Bill 2019
The NROLA Bill 2019 will:
- Replace certain regulation making processes under the Aboriginal Land Act 1991and Torres Strait Islander Land Act 1991 with a Ministerial declaration process to reduce red tape and make a number of minor and technical amendments.
- Amend the Aboriginal and Torres Strait Islander Land Holding Act 2013to provide a more efficient process for the transmission of leases where the lessee has died or dies intestate in certain Aboriginal and Torres Strait Islander communities and extend the statutory review period for this Act to ten years.
- Improve the administrative efficiency and reduce the regulatory burden of the Land Act 1994(Land Act) in the areas of most appropriate use assessments; Ministerial consent requirements; road closure processes.
- Provide for authorised officers to traverse adjacent land to access problematic areas of state land to undertake compliance and management activities under the Land Act.
- Provide an improved dispute resolution mechanism for disputes between leaseholders and sublessees under the Land Act.
- Replace the prescribed terms framework in the Land and Other Legislation Amendment Act 2017(LOLAA) to enable better administration and management of secondary interests on state land.
- Make improvements to the Land Title Act 1994to improve workability and clarify processes. Amendments include aligning the requirements for witnessing paper titling transactions, such as a transfer, with the verification of identity requirements for paper mortgages and electronic conveyancing.
- Amend the Foreign Ownership of Land Register Act 1988to remove the requirement to create and table an annual report on foreign ownership, which is duplicated, in part, by the Commonwealth Government’s annual report on foreign ownership of agricultural land.
- Remove a number of redundant provisions in the Land Valuation Act 2010 and Valuers Registration Act 1992, as well as make clarifying amendments.
- Amend the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009to validate infrastructure charges notices issued by Distributor-retailers and ensure consistency with the local government infrastructure charging framework under the Planning Act 2016.
- Strengthen compliance and enforcement provisions in the Water Act 2000 and introduce new penalties.
- Amend the Water Act 2000to facilitate balanced gender representation on the boards of category 2 water authorities, modernise the selection and appointment process for directors.
- Remove ambiguity and unnecessary administrative burden on the Government and community in relation to both category 1 and category 2 water authority boards.
- Improve operating efficiency, reduce regulatory burden and improve or clarify a range of provisions regulating bulk and retail water service providers and dam owners in Queensland.
- Amend the Mineral Resources Act 1989(MRA) and the Petroleum and Gas (Production and Safety) Act 2004 (P&G Act) to deliver on an election commitment to continue to improve the resources tenure management system by providing greater flexibility and adequate time for the resource sector to manage its exploration activities.
- Amend the MRA to clarify amendments relating to automatic referral of unresolved compensation agreements to the Land Court for a determination delivered in the Mineral, Water and Other Legislation Amendment Act 2018(MWOLA).
- Amend the Surveyors Act 2003to ensure the operation and administration of the Act is efficient and effective, by ensuring mining survey expertise is represented on the Surveyors Board of Queensland; clarifying delegation powers and offences relating to carrying out cadastral surveys or a business giving surveying services; and clarifying who may be an investigator under the Act and correcting minor errors.
To view a PDF of the Natural Resources and Other Legislation Amendment (NROLA) Bill 2019 go to: https://www.legislation.qld.gov.au/view/pdf/bill.first/bill-2018-056