{"id":"qld:act-2013-016","name":"Coexistence Queensland Act 2013","slug":"coexistence-queensland-act-2013","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"16 of 2013","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29723,"registerId":"qld-act-2013-016-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Coexistence Queensland Act 2013 .\ns&#160;1 amd 2024 No.&#160;33 s&#160;13","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on 1 July 2013.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Purpose","content":"### sec.3 Purpose\n\nThe purpose of this Act is to establish Coexistence Queensland to manage and improve the sustainable coexistence of landholders, regional communities, the resources industry and the renewable energy industry.\ns&#160;3 amd 2024 No.&#160;33 s&#160;14","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Act binds all persons","content":"### sec.4 Act binds all persons\n\nThis Act binds all persons, including the State.","sortOrder":4},{"sectionNumber":"sec.5","sectionType":"section","heading":"Definitions","content":"### sec.5 Definitions\n\nThe dictionary in schedule&#160;1 defines particular words used in this Act.","sortOrder":5},{"sectionNumber":"pt.2","sectionType":"part","heading":"Coexistence Queensland","content":"# Coexistence Queensland","sortOrder":6},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Establishment, functions and powers of Coexistence Queensland","content":"## Establishment, functions and powers of Coexistence Queensland","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"Establishment of Coexistence Queensland","content":"### sec.6 Establishment of Coexistence Queensland\n\nCoexistence Queensland is established.\ns&#160;6 amd 2024 No.&#160;33 s&#160;15","sortOrder":8},{"sectionNumber":"sec.7","sectionType":"section","heading":"Coexistence Queensland’s functions","content":"### sec.7 Coexistence Queensland’s functions\n\nCoexistence Queensland has the following functions—\nfacilitating better relationships between landholders, regional communities, the resources industry and the renewable energy industry;\nproviding a central point of contact for enquiries about matters affecting the sustainable coexistence of landholders, regional communities, the resources industry and the renewable energy industry;\nin response to requests for advice from the chief executive under the Regional Planning Interests Act 2014 about assessment applications under that Act, advising that chief executive about the ability of landholders, regional communities and the resources industry to coexist within the area the subject of the application;\nproviding advice to the Minister, other Ministers, government entities or other stakeholders about matters relating to the sustainable coexistence of landholders, regional communities, the resources industry and the renewable energy industry, including—\nemerging issues about those matters; and\nleading practice about those matters;\npartnering with appropriate entities to deliver educational resources and other information about health and wellbeing matters relating to the sustainable coexistence of landholders, regional communities, the resources industry and the renewable energy industry;\nfacilitating appropriate entities to undertake community engagement and participation in community initiatives about assessing health and wellbeing concerns relating to activities carried out in the resources industry or the renewable energy industry;\npublishing educational resources and other information about the sustainable coexistence of landholders, regional communities, the resources industry and the renewable energy industry;\nany other function given to Coexistence Queensland under this Act or another Act;\npartnering with appropriate entities for the purpose of conducting research related to a function mentioned in any of paragraphs&#160;(a) to (h) .\nIn this section—\nappropriate entities includes, for example—\na government department, or agency, of Queensland or elsewhere; and\nan entity that is performing or has performed an independent academic or scientific study.\ns&#160;7 amd 2014 No.&#160;11 s&#160;114 ; 2017 No.&#160;35 s&#160;19\nsub 2024 No.&#160;33 s&#160;16\n(sec.7-ssec.1) Coexistence Queensland has the following functions— facilitating better relationships between landholders, regional communities, the resources industry and the renewable energy industry; providing a central point of contact for enquiries about matters affecting the sustainable coexistence of landholders, regional communities, the resources industry and the renewable energy industry; in response to requests for advice from the chief executive under the Regional Planning Interests Act 2014 about assessment applications under that Act, advising that chief executive about the ability of landholders, regional communities and the resources industry to coexist within the area the subject of the application; providing advice to the Minister, other Ministers, government entities or other stakeholders about matters relating to the sustainable coexistence of landholders, regional communities, the resources industry and the renewable energy industry, including— emerging issues about those matters; and leading practice about those matters; partnering with appropriate entities to deliver educational resources and other information about health and wellbeing matters relating to the sustainable coexistence of landholders, regional communities, the resources industry and the renewable energy industry; facilitating appropriate entities to undertake community engagement and participation in community initiatives about assessing health and wellbeing concerns relating to activities carried out in the resources industry or the renewable energy industry; publishing educational resources and other information about the sustainable coexistence of landholders, regional communities, the resources industry and the renewable energy industry; any other function given to Coexistence Queensland under this Act or another Act; partnering with appropriate entities for the purpose of conducting research related to a function mentioned in any of paragraphs&#160;(a) to (h) .\n(sec.7-ssec.2) In this section— appropriate entities includes, for example— a government department, or agency, of Queensland or elsewhere; and an entity that is performing or has performed an independent academic or scientific study.\n- (a) facilitating better relationships between landholders, regional communities, the resources industry and the renewable energy industry;\n- (b) providing a central point of contact for enquiries about matters affecting the sustainable coexistence of landholders, regional communities, the resources industry and the renewable energy industry;\n- (c) in response to requests for advice from the chief executive under the Regional Planning Interests Act 2014 about assessment applications under that Act, advising that chief executive about the ability of landholders, regional communities and the resources industry to coexist within the area the subject of the application;\n- (d) providing advice to the Minister, other Ministers, government entities or other stakeholders about matters relating to the sustainable coexistence of landholders, regional communities, the resources industry and the renewable energy industry, including— (i) emerging issues about those matters; and (ii) leading practice about those matters;\n- (i) emerging issues about those matters; and\n- (ii) leading practice about those matters;\n- (e) partnering with appropriate entities to deliver educational resources and other information about health and wellbeing matters relating to the sustainable coexistence of landholders, regional communities, the resources industry and the renewable energy industry;\n- (f) facilitating appropriate entities to undertake community engagement and participation in community initiatives about assessing health and wellbeing concerns relating to activities carried out in the resources industry or the renewable energy industry;\n- (g) publishing educational resources and other information about the sustainable coexistence of landholders, regional communities, the resources industry and the renewable energy industry;\n- (h) any other function given to Coexistence Queensland under this Act or another Act;\n- (i) partnering with appropriate entities for the purpose of conducting research related to a function mentioned in any of paragraphs&#160;(a) to (h) .\n- (i) emerging issues about those matters; and\n- (ii) leading practice about those matters;\n- (a) a government department, or agency, of Queensland or elsewhere; and\n- (b) an entity that is performing or has performed an independent academic or scientific study.","sortOrder":9},{"sectionNumber":"sec.8","sectionType":"section","heading":"Coexistence Queensland’s powers","content":"### sec.8 Coexistence Queensland’s powers\n\nCoexistence Queensland has the powers necessary or convenient to perform its functions.\nCoexistence Queensland also has the other powers given to it under this or another Act.\ns&#160;8 amd 2024 No.&#160;33 s&#160;183 sch&#160;1 pt&#160;1\n(sec.8-ssec.1) Coexistence Queensland has the powers necessary or convenient to perform its functions.\n(sec.8-ssec.2) Coexistence Queensland also has the other powers given to it under this or another Act.","sortOrder":10},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Membership","content":"## Membership","sortOrder":11},{"sectionNumber":"sec.9","sectionType":"section","heading":"Membership of Coexistence Queensland","content":"### sec.9 Membership of Coexistence Queensland\n\nCoexistence Queensland consists of—\na full-time or part-time member, who is the chairperson; and\nup to 6 part-time members.\ns&#160;9 sub 2017 No.&#160;35 s&#160;20 ; 2024 No.&#160;33 s&#160;17\n- (a) a full-time or part-time member, who is the chairperson; and\n- (b) up to 6 part-time members.","sortOrder":12},{"sectionNumber":"sec.9A","sectionType":"section","heading":"Appointment as a member","content":"### sec.9A Appointment as a member\n\nEach member is to be appointed by the Governor in Council.\nIn deciding whom to recommend to the Governor in Council for appointment to Coexistence Queensland, the Minister must be satisfied—\neach person nominated for appointment is eligible under section&#160;10 ; and\nCoexistence Queensland will include—\na member who has knowledge of, or experience with, the interests of landholders; and\na member who has knowledge of, or experience with, the interests of communities in which the resources industry or the renewable energy industry operates; and\na member who has knowledge of, or experience with, the resources industry; and\na member who has knowledge of, or experience with, the renewable energy industry; and\nthe members reflect the diversity of the Queensland community involved in matters relating to the sustainable coexistence of landholders, regional communities, the resources industry and the renewable energy industry.\nThe performance of Coexistence Queensland’s function mentioned in section&#160;7 (1) (c) is not invalid for the purposes of the Regional Planning Interests Act 2014 only because of a defect or irregularity in the appointment of a member or because Coexistence Queensland was not properly constituted.\ns&#160;9A ins 2017 No.&#160;35 s&#160;20\namd 2024 No.&#160;33 s&#160;18\n(sec.9A-ssec.1) Each member is to be appointed by the Governor in Council.\n(sec.9A-ssec.2) In deciding whom to recommend to the Governor in Council for appointment to Coexistence Queensland, the Minister must be satisfied— each person nominated for appointment is eligible under section&#160;10 ; and Coexistence Queensland will include— a member who has knowledge of, or experience with, the interests of landholders; and a member who has knowledge of, or experience with, the interests of communities in which the resources industry or the renewable energy industry operates; and a member who has knowledge of, or experience with, the resources industry; and a member who has knowledge of, or experience with, the renewable energy industry; and the members reflect the diversity of the Queensland community involved in matters relating to the sustainable coexistence of landholders, regional communities, the resources industry and the renewable energy industry.\n(sec.9A-ssec.3) The performance of Coexistence Queensland’s function mentioned in section&#160;7 (1) (c) is not invalid for the purposes of the Regional Planning Interests Act 2014 only because of a defect or irregularity in the appointment of a member or because Coexistence Queensland was not properly constituted.\n- (a) each person nominated for appointment is eligible under section&#160;10 ; and\n- (b) Coexistence Queensland will include— (i) a member who has knowledge of, or experience with, the interests of landholders; and (ii) a member who has knowledge of, or experience with, the interests of communities in which the resources industry or the renewable energy industry operates; and (iii) a member who has knowledge of, or experience with, the resources industry; and (iv) a member who has knowledge of, or experience with, the renewable energy industry; and\n- (i) a member who has knowledge of, or experience with, the interests of landholders; and\n- (ii) a member who has knowledge of, or experience with, the interests of communities in which the resources industry or the renewable energy industry operates; and\n- (iii) a member who has knowledge of, or experience with, the resources industry; and\n- (iv) a member who has knowledge of, or experience with, the renewable energy industry; and\n- (c) the members reflect the diversity of the Queensland community involved in matters relating to the sustainable coexistence of landholders, regional communities, the resources industry and the renewable energy industry.\n- (i) a member who has knowledge of, or experience with, the interests of landholders; and\n- (ii) a member who has knowledge of, or experience with, the interests of communities in which the resources industry or the renewable energy industry operates; and\n- (iii) a member who has knowledge of, or experience with, the resources industry; and\n- (iv) a member who has knowledge of, or experience with, the renewable energy industry; and","sortOrder":13},{"sectionNumber":"sec.10","sectionType":"section","heading":"Eligibility for appointment as a member","content":"### sec.10 Eligibility for appointment as a member\n\nA person is eligible for appointment as a member if the person has qualifications or experience in any of the following—\nthe resources industry;\nthe renewable energy industry;\na branch of science relating to activities carried out as part of the resources industry or the renewable energy industry, or the impact of those activities on the environment;\nlegal practice relevant to activities carried out as part of the resources industry or the renewable energy industry;\nnegotiations between landholders and the resources industry or the renewable energy industry;\nthe agricultural industry;\nland management;\nland valuation;\ncommunity development;\nthe financial and business sector.\ns&#160;10 amd 2017 No.&#160;35 s&#160;21\nsub 2024 No.&#160;33 s&#160;19\n- (a) the resources industry;\n- (b) the renewable energy industry;\n- (c) a branch of science relating to activities carried out as part of the resources industry or the renewable energy industry, or the impact of those activities on the environment;\n- (d) legal practice relevant to activities carried out as part of the resources industry or the renewable energy industry;\n- (e) negotiations between landholders and the resources industry or the renewable energy industry;\n- (ea) the agricultural industry;\n- (f) land management;\n- (g) land valuation;\n- (h) community development;\n- (i) the financial and business sector.","sortOrder":14},{"sectionNumber":"sec.11","sectionType":"section","heading":"Term of appointment","content":"### sec.11 Term of appointment\n\nA member is appointed for the term, not longer than 3 years, stated in the member’s instrument of appointment.\nA member may be reappointed.\ns&#160;11 amd 2024 No.&#160;33 s&#160;183 sch&#160;1 pt&#160;1\n(sec.11-ssec.1) A member is appointed for the term, not longer than 3 years, stated in the member’s instrument of appointment.\n(sec.11-ssec.2) A member may be reappointed.","sortOrder":15},{"sectionNumber":"sec.12","sectionType":"section","heading":"Conditions of appointment","content":"### sec.12 Conditions of appointment\n\nA member is to be paid the remuneration and allowances decided by the Governor in Council.\nA member holds office on the terms and conditions, not provided for by this Act, that are decided by the Governor in Council.\nThe members are appointed under this Act and not the Public Sector Act 2022 .\ns&#160;12 amd 2022 No.&#160;34 s&#160;365 sch&#160;3 ; 2024 No.&#160;33 s&#160;183 sch&#160;1 pt&#160;1\n(sec.12-ssec.1) A member is to be paid the remuneration and allowances decided by the Governor in Council.\n(sec.12-ssec.2) A member holds office on the terms and conditions, not provided for by this Act, that are decided by the Governor in Council.\n(sec.12-ssec.3) The members are appointed under this Act and not the Public Sector Act 2022 .","sortOrder":16},{"sectionNumber":"sec.13","sectionType":"section","heading":"Resignation","content":"### sec.13 Resignation\n\nA member may resign by signed notice given to the Minister.\ns&#160;13 amd 2024 No.&#160;33 s&#160;183 sch&#160;1 pt&#160;1","sortOrder":17},{"sectionNumber":"sec.14","sectionType":"section","heading":"Termination of appointment","content":"### sec.14 Termination of appointment\n\nThe Governor in Council may at any time remove a member from office for any reason or none.\ns&#160;14 amd 2024 No.&#160;33 s&#160;183 sch&#160;1 pt&#160;1","sortOrder":18},{"sectionNumber":"sec.15","sectionType":"section","heading":"Leave of absence","content":"### sec.15 Leave of absence\n\nThe Minister may approve a leave of absence for a member who requests the leave.\ns&#160;15 sub 2017 No.&#160;35 s&#160;22\namd 2024 No.&#160;33 s&#160;183 sch&#160;1 pt&#160;1","sortOrder":19},{"sectionNumber":"sec.16","sectionType":"section","heading":"Acting chairperson or member","content":"### sec.16 Acting chairperson or member\n\nThe Minister may appoint a person (whether or not a member), the Minister is satisfied is an eligible person, to act as the chairperson—\nduring a vacancy in the office of chairperson; or\nduring any period, or all periods, when the chairperson is absent from duty or from the State or, for any other reason, can not perform the duties of the office of chairperson.\nThe chairperson may appoint any other member to act as the chairperson during a period, of not more than 14 days, when the chairperson—\nis absent from duty or from the State; or\nfor any other reason, can not perform the duties of the office of chairperson.\nThe Minister may appoint a person, the Minister is satisfied is an eligible person, to act as a member—\nduring a vacancy in the office of a member; or\nduring any period, or all periods, when a member is absent from duty or from the State or, for any other reason, can not perform the duties of the office of a member.\nIn this section—\neligible person means a person who is eligible under section&#160;10 for appointment as a member.\ns&#160;16 sub 2017 No.&#160;35 s&#160;22\namd 2024 No.&#160;33 s&#160;183 sch&#160;1 pt&#160;1\n(sec.16-ssec.1) The Minister may appoint a person (whether or not a member), the Minister is satisfied is an eligible person, to act as the chairperson— during a vacancy in the office of chairperson; or during any period, or all periods, when the chairperson is absent from duty or from the State or, for any other reason, can not perform the duties of the office of chairperson.\n(sec.16-ssec.2) The chairperson may appoint any other member to act as the chairperson during a period, of not more than 14 days, when the chairperson— is absent from duty or from the State; or for any other reason, can not perform the duties of the office of chairperson.\n(sec.16-ssec.3) The Minister may appoint a person, the Minister is satisfied is an eligible person, to act as a member— during a vacancy in the office of a member; or during any period, or all periods, when a member is absent from duty or from the State or, for any other reason, can not perform the duties of the office of a member.\n(sec.16-ssec.4) In this section— eligible person means a person who is eligible under section&#160;10 for appointment as a member.\n- (a) during a vacancy in the office of chairperson; or\n- (b) during any period, or all periods, when the chairperson is absent from duty or from the State or, for any other reason, can not perform the duties of the office of chairperson.\n- (a) is absent from duty or from the State; or\n- (b) for any other reason, can not perform the duties of the office of chairperson.\n- (a) during a vacancy in the office of a member; or\n- (b) during any period, or all periods, when a member is absent from duty or from the State or, for any other reason, can not perform the duties of the office of a member.","sortOrder":20},{"sectionNumber":"sec.17","sectionType":"section","heading":"Preservation of rights","content":"### sec.17 Preservation of rights\n\nThis section applies if—\na person is appointed as a member; and\nthe person resigns the person’s role as a public service officer in order to accept the appointment.\nThe person retains and is entitled to all rights that have accrued to the person because of the person’s employment as a public service officer, or that would accrue in the future to the person because of that employment, as if service as the member were a continuation of service as a public service officer.\nAt the end of the person’s term of office or on resignation—\nthe person is entitled to be appointed to an office in the public service at a salary level not less than the current salary level of an office equivalent to the office the person held before being appointed as the member; and\nthe person’s service as the member is to be regarded as service of a like nature in the public service for deciding the person’s rights as a public service officer.\ns&#160;17 amd 2024 No.&#160;33 s&#160;183 sch&#160;1 pt&#160;1\n(sec.17-ssec.1) This section applies if— a person is appointed as a member; and the person resigns the person’s role as a public service officer in order to accept the appointment.\n(sec.17-ssec.2) The person retains and is entitled to all rights that have accrued to the person because of the person’s employment as a public service officer, or that would accrue in the future to the person because of that employment, as if service as the member were a continuation of service as a public service officer.\n(sec.17-ssec.3) At the end of the person’s term of office or on resignation— the person is entitled to be appointed to an office in the public service at a salary level not less than the current salary level of an office equivalent to the office the person held before being appointed as the member; and the person’s service as the member is to be regarded as service of a like nature in the public service for deciding the person’s rights as a public service officer.\n- (a) a person is appointed as a member; and\n- (b) the person resigns the person’s role as a public service officer in order to accept the appointment.\n- (a) the person is entitled to be appointed to an office in the public service at a salary level not less than the current salary level of an office equivalent to the office the person held before being appointed as the member; and\n- (b) the person’s service as the member is to be regarded as service of a like nature in the public service for deciding the person’s rights as a public service officer.","sortOrder":21},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Disclosure of interests by members","content":"## Disclosure of interests by members","sortOrder":22},{"sectionNumber":"sec.18","sectionType":"section","heading":"Register of interests","content":"### sec.18 Register of interests\n\nCoexistence Queensland must keep a register of each member’s pecuniary interests.\nThe person appointed as chairperson must give the Minister and integrity commissioner—\nas soon as practicable after the person’s appointment—a written summary of the person’s pecuniary interests at the time of the person’s appointment; and\nwithin 30 days after any substantial change in the person’s pecuniary interests—notice of the change and an updated written summary of the person’s pecuniary interests.\nEach person appointed as a part-time member must give the chairperson—\nas soon as practicable after the person’s appointment—a written summary of the person’s pecuniary interests at the time of the person’s appointment; and\nwithin 30 days after any substantial change in the person’s pecuniary interests—notice of the change and an updated written summary of the person’s pecuniary interests.\nThe register kept under subsection&#160;(1) must be updated at least once during each 12 month period of a member’s term of office.\nIn this section—\nintegrity commissioner means the Queensland Integrity Commissioner appointed under the Integrity Act 2009 , section&#160;6 .\ns&#160;18 amd 2024 No.&#160;33 s&#160;183 sch&#160;1 pt&#160;1\n(sec.18-ssec.1) Coexistence Queensland must keep a register of each member’s pecuniary interests.\n(sec.18-ssec.2) The person appointed as chairperson must give the Minister and integrity commissioner— as soon as practicable after the person’s appointment—a written summary of the person’s pecuniary interests at the time of the person’s appointment; and within 30 days after any substantial change in the person’s pecuniary interests—notice of the change and an updated written summary of the person’s pecuniary interests.\n(sec.18-ssec.3) Each person appointed as a part-time member must give the chairperson— as soon as practicable after the person’s appointment—a written summary of the person’s pecuniary interests at the time of the person’s appointment; and within 30 days after any substantial change in the person’s pecuniary interests—notice of the change and an updated written summary of the person’s pecuniary interests.\n(sec.18-ssec.4) The register kept under subsection&#160;(1) must be updated at least once during each 12 month period of a member’s term of office.\n(sec.18-ssec.5) In this section— integrity commissioner means the Queensland Integrity Commissioner appointed under the Integrity Act 2009 , section&#160;6 .\n- (a) as soon as practicable after the person’s appointment—a written summary of the person’s pecuniary interests at the time of the person’s appointment; and\n- (b) within 30 days after any substantial change in the person’s pecuniary interests—notice of the change and an updated written summary of the person’s pecuniary interests.\n- (a) as soon as practicable after the person’s appointment—a written summary of the person’s pecuniary interests at the time of the person’s appointment; and\n- (b) within 30 days after any substantial change in the person’s pecuniary interests—notice of the change and an updated written summary of the person’s pecuniary interests.","sortOrder":23},{"sectionNumber":"sec.19","sectionType":"section","heading":"Disclosure of interests at Coexistence Queensland meetings","content":"### sec.19 Disclosure of interests at Coexistence Queensland meetings\n\nThis section applies to a member if—\nthe member or a close relative of the member has a direct or indirect pecuniary interest in a matter being considered, or about to be considered, at a Coexistence Queensland meeting; and\nthe interest could conflict with either or both of the following—\nthe proper performance of Coexistence Queensland’s functions for the matter;\nthe proper exercise of Coexistence Queensland’s powers for the matter.\nAs soon as practicable after the relevant facts come to the member’s knowledge, the member must disclose the nature of the interest to the other members at the meeting.\nThe member may further participate in the meeting only if a majority of the other members at the meeting vote in favour of the member’s further participation in the meeting.\nHowever, the member can not participate in any vote on the matter at the meeting.\nA disclosure under subsection&#160;(2) must be recorded in the meeting’s minutes.\nA failure to make a disclosure under subsection&#160;(2) does not, of itself, invalidate a decision by Coexistence Queensland.\nThis section, other than subsection&#160;(4) , applies to the chief executive officer, as if the chief executive officer were a member.\nThe chief executive officer does not have a right to vote at a Coexistence Queensland meeting.\nIn this section—\nclose relative , of a member, means the member’s—\nspouse; or\nparent or grandparent; or\nbrother or sister; or\nchild or grandchild.\ns&#160;19 amd 2017 No.&#160;35 s&#160;23 ; 2024 No.&#160;33 s&#160;183 sch&#160;1 pt&#160;1\n(sec.19-ssec.1) This section applies to a member if— the member or a close relative of the member has a direct or indirect pecuniary interest in a matter being considered, or about to be considered, at a Coexistence Queensland meeting; and the interest could conflict with either or both of the following— the proper performance of Coexistence Queensland’s functions for the matter; the proper exercise of Coexistence Queensland’s powers for the matter.\n(sec.19-ssec.2) As soon as practicable after the relevant facts come to the member’s knowledge, the member must disclose the nature of the interest to the other members at the meeting.\n(sec.19-ssec.3) The member may further participate in the meeting only if a majority of the other members at the meeting vote in favour of the member’s further participation in the meeting.\n(sec.19-ssec.4) However, the member can not participate in any vote on the matter at the meeting.\n(sec.19-ssec.5) A disclosure under subsection&#160;(2) must be recorded in the meeting’s minutes.\n(sec.19-ssec.6) A failure to make a disclosure under subsection&#160;(2) does not, of itself, invalidate a decision by Coexistence Queensland.\n(sec.19-ssec.7) This section, other than subsection&#160;(4) , applies to the chief executive officer, as if the chief executive officer were a member. The chief executive officer does not have a right to vote at a Coexistence Queensland meeting.\n(sec.19-ssec.8) In this section— close relative , of a member, means the member’s— spouse; or parent or grandparent; or brother or sister; or child or grandchild.\n- (a) the member or a close relative of the member has a direct or indirect pecuniary interest in a matter being considered, or about to be considered, at a Coexistence Queensland meeting; and\n- (b) the interest could conflict with either or both of the following— (i) the proper performance of Coexistence Queensland’s functions for the matter; (ii) the proper exercise of Coexistence Queensland’s powers for the matter.\n- (i) the proper performance of Coexistence Queensland’s functions for the matter;\n- (ii) the proper exercise of Coexistence Queensland’s powers for the matter.\n- (i) the proper performance of Coexistence Queensland’s functions for the matter;\n- (ii) the proper exercise of Coexistence Queensland’s powers for the matter.\n- (a) spouse; or\n- (b) parent or grandparent; or\n- (c) brother or sister; or\n- (d) child or grandchild.","sortOrder":24},{"sectionNumber":"pt.2-div.4","sectionType":"division","heading":"Coexistence Queensland meetings","content":"## Coexistence Queensland meetings","sortOrder":25},{"sectionNumber":"sec.20","sectionType":"section","heading":"Coexistence Queensland meetings","content":"### sec.20 Coexistence Queensland meetings\n\nThe chairperson must convene a meeting of members (a Coexistence Queensland meeting ) at least 6 times each year.\ns&#160;20 amd 2024 No.&#160;33 s&#160;20","sortOrder":26},{"sectionNumber":"sec.21","sectionType":"section","heading":"Purposes of Coexistence Queensland meetings","content":"### sec.21 Purposes of Coexistence Queensland meetings\n\nThe purposes of Coexistence Queensland meetings are to—\nensure Coexistence Queensland performs its functions and exercises its powers in an appropriate, effective and efficient way; and\nset the strategic priorities of Coexistence Queensland.\ns&#160;21 amd 2017 No.&#160;35 s&#160;24 ; 2024 No.&#160;33 s&#160;183 sch&#160;1 pt&#160;1\n- (a) ensure Coexistence Queensland performs its functions and exercises its powers in an appropriate, effective and efficient way; and\n- (b) set the strategic priorities of Coexistence Queensland.","sortOrder":27},{"sectionNumber":"sec.22","sectionType":"section","heading":"Conduct of Coexistence Queensland meetings","content":"### sec.22 Conduct of Coexistence Queensland meetings\n\nCoexistence Queensland meetings are to be held at the times and places the chairperson decides.\nThe chairperson must preside at all Coexistence Queensland meetings at which the chairperson is present.\nIf the chairperson is absent from a Coexistence Queensland meeting, another member chosen by the members present must preside.\nA quorum for a Coexistence Queensland meeting is the chairperson and 2 other members.\nSubject to this Act, Coexistence Queensland may otherwise conduct Coexistence Queensland meetings in the way it considers appropriate.\ns&#160;22 amd 2017 No.&#160;35 s&#160;25 ; 2024 No.&#160;33 s&#160;183 sch&#160;1 pt&#160;1\n(sec.22-ssec.1) Coexistence Queensland meetings are to be held at the times and places the chairperson decides.\n(sec.22-ssec.2) The chairperson must preside at all Coexistence Queensland meetings at which the chairperson is present.\n(sec.22-ssec.3) If the chairperson is absent from a Coexistence Queensland meeting, another member chosen by the members present must preside.\n(sec.22-ssec.4) A quorum for a Coexistence Queensland meeting is the chairperson and 2 other members.\n(sec.22-ssec.5) Subject to this Act, Coexistence Queensland may otherwise conduct Coexistence Queensland meetings in the way it considers appropriate.","sortOrder":28},{"sectionNumber":"pt.3","sectionType":"part","heading":"Particular powers of Coexistence Queensland","content":"# Particular powers of Coexistence Queensland","sortOrder":29},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Powers relating to government entities","content":"## Powers relating to government entities","sortOrder":30},{"sectionNumber":"sec.23","sectionType":"section","heading":"Power to require particular information from government entities","content":"### sec.23 Power to require particular information from government entities\n\nThe chairperson may give a government entity a written notice requesting information in the entity’s possession or control that relates to—\nthe resources industry or the renewable energy industry; and\na function of Coexistence Queensland.\nThe notice must state how, and a reasonable period of at least 10 business days by which, the information must be given.\nThe government entity must comply with a request made of it under subsection&#160;(1) unless—\nthe information is not in its possession or control; or\ncomplying with the request would place the entity in contravention of a law; or\nthe request relates to someone else’s confidential information and the other person has refused to consent to it being disclosed to the chairperson despite the entity’s reasonable efforts to obtain the consent.\nIf an exemption under subsection&#160;(3) applies to a request made of a government entity under subsection&#160;(1) , the entity must inform the chairperson in writing that the exemption applies in relation to the request.\ns&#160;23 amd 2024 No.&#160;33 s&#160;21\n(sec.23-ssec.1) The chairperson may give a government entity a written notice requesting information in the entity’s possession or control that relates to— the resources industry or the renewable energy industry; and a function of Coexistence Queensland.\n(sec.23-ssec.2) The notice must state how, and a reasonable period of at least 10 business days by which, the information must be given.\n(sec.23-ssec.3) The government entity must comply with a request made of it under subsection&#160;(1) unless— the information is not in its possession or control; or complying with the request would place the entity in contravention of a law; or the request relates to someone else’s confidential information and the other person has refused to consent to it being disclosed to the chairperson despite the entity’s reasonable efforts to obtain the consent.\n(sec.23-ssec.4) If an exemption under subsection&#160;(3) applies to a request made of a government entity under subsection&#160;(1) , the entity must inform the chairperson in writing that the exemption applies in relation to the request.\n- (a) the resources industry or the renewable energy industry; and\n- (b) a function of Coexistence Queensland.\n- (a) the information is not in its possession or control; or\n- (b) complying with the request would place the entity in contravention of a law; or\n- (c) the request relates to someone else’s confidential information and the other person has refused to consent to it being disclosed to the chairperson despite the entity’s reasonable efforts to obtain the consent.","sortOrder":31},{"sectionNumber":"sec.24","sectionType":"section","heading":"Power to require advice","content":"### sec.24 Power to require advice\n\nThe chairperson may, by written notice, require the chief executive of a government entity to provide advice to the chairperson if the advice—\nrelates to a function of Coexistence Queensland; and\nrelates to a function of the government entity; and\nis something about which the chief executive could reasonably be able to provide advice.\nThe chief executive must, within a reasonable time, comply with a request made of the chief executive under subsection&#160;(1) unless—\ncomplying with the requirement would place the chief executive or entity in contravention of a law; or\nthe requirement relates to someone else’s confidential information and the other person has refused to consent to it being disclosed to the chairperson despite the entity’s reasonable efforts to obtain the consent.\nIf an exemption under subsection&#160;(2) applies to a request made of a chief executive under subsection&#160;(1) , the chief executive must inform the chairperson in writing that the exemption applies in relation to the request.\ns&#160;24 amd 2024 No.&#160;33 s&#160;183 sch&#160;1 pt&#160;1\n(sec.24-ssec.1) The chairperson may, by written notice, require the chief executive of a government entity to provide advice to the chairperson if the advice— relates to a function of Coexistence Queensland; and relates to a function of the government entity; and is something about which the chief executive could reasonably be able to provide advice.\n(sec.24-ssec.2) The chief executive must, within a reasonable time, comply with a request made of the chief executive under subsection&#160;(1) unless— complying with the requirement would place the chief executive or entity in contravention of a law; or the requirement relates to someone else’s confidential information and the other person has refused to consent to it being disclosed to the chairperson despite the entity’s reasonable efforts to obtain the consent.\n(sec.24-ssec.3) If an exemption under subsection&#160;(2) applies to a request made of a chief executive under subsection&#160;(1) , the chief executive must inform the chairperson in writing that the exemption applies in relation to the request.\n- (a) relates to a function of Coexistence Queensland; and\n- (b) relates to a function of the government entity; and\n- (c) is something about which the chief executive could reasonably be able to provide advice.\n- (a) complying with the requirement would place the chief executive or entity in contravention of a law; or\n- (b) the requirement relates to someone else’s confidential information and the other person has refused to consent to it being disclosed to the chairperson despite the entity’s reasonable efforts to obtain the consent.","sortOrder":32},{"sectionNumber":"sec.25","sectionType":"section","heading":null,"content":"### Section sec.25\n\ns&#160;25 om 2024 No.&#160;33 s&#160;22","sortOrder":33},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Powers relating to prescribed entities","content":"## Powers relating to prescribed entities","sortOrder":34},{"sectionNumber":"sec.26","sectionType":"section","heading":"Power to require particular information from prescribed entities","content":"### sec.26 Power to require particular information from prescribed entities\n\nThe chairperson may, by written notice, require a prescribed entity to give the chairperson—\nstated documents or information (the relevant material ), or stated types of documents or information (also the relevant material ), in its possession or control that Coexistence Queensland reasonably requires for the effective and efficient carrying out of Coexistence Queensland’s functions; or\naccess to the relevant material.\nThe notice must state how, and a reasonable period by which, the relevant material, or access to the relevant material, must be given.\nAn entity given a notice under subsection&#160;(1) must comply with the notice unless—\nthe requirement relates to relevant material that is in someone else’s possession or control and the other person has refused to give the relevant material to the entity despite the entity’s reasonable efforts to obtain it; or\ncomplying with the requirement would place the entity in contravention of a law; or\nthe requirement relates to someone else’s confidential information and the other person has refused to consent to it being disclosed to the chairperson despite the entity’s reasonable efforts to obtain the consent; or\nthe giving of the relevant material might tend to incriminate the entity; or\nthe relevant material is confidential to the entity or the giving of the relevant material might be to the detriment of the entity’s commercial or other interests.\nMaximum penalty—100 penalty units.\nIf an exemption under subsection&#160;(3) applies to a requirement made of a prescribed entity under subsection&#160;(1) , the entity must inform the chairperson in writing that the exemption applies in relation to the requirement.\nIn this section—\nprescribed entity means—\na landholder; or\na resource authority holder; or\na renewable energy entity; or\na company engaged under a written agreement to carry out an activity, on behalf of a resource authority holder or a renewable energy entity, that is part of the resources industry or the renewable energy industry.\nrenewable energy entity means an entity that carries out an activity that is part of the renewable energy industry.\nresource authority holder means the holder of a resource authority.\ns&#160;26 amd 2024 No.&#160;33 s&#160;24\n(sec.26-ssec.1) The chairperson may, by written notice, require a prescribed entity to give the chairperson— stated documents or information (the relevant material ), or stated types of documents or information (also the relevant material ), in its possession or control that Coexistence Queensland reasonably requires for the effective and efficient carrying out of Coexistence Queensland’s functions; or access to the relevant material.\n(sec.26-ssec.2) The notice must state how, and a reasonable period by which, the relevant material, or access to the relevant material, must be given.\n(sec.26-ssec.3) An entity given a notice under subsection&#160;(1) must comply with the notice unless— the requirement relates to relevant material that is in someone else’s possession or control and the other person has refused to give the relevant material to the entity despite the entity’s reasonable efforts to obtain it; or complying with the requirement would place the entity in contravention of a law; or the requirement relates to someone else’s confidential information and the other person has refused to consent to it being disclosed to the chairperson despite the entity’s reasonable efforts to obtain the consent; or the giving of the relevant material might tend to incriminate the entity; or the relevant material is confidential to the entity or the giving of the relevant material might be to the detriment of the entity’s commercial or other interests. Maximum penalty—100 penalty units.\n(sec.26-ssec.4) If an exemption under subsection&#160;(3) applies to a requirement made of a prescribed entity under subsection&#160;(1) , the entity must inform the chairperson in writing that the exemption applies in relation to the requirement.\n(sec.26-ssec.5) In this section— prescribed entity means— a landholder; or a resource authority holder; or a renewable energy entity; or a company engaged under a written agreement to carry out an activity, on behalf of a resource authority holder or a renewable energy entity, that is part of the resources industry or the renewable energy industry. renewable energy entity means an entity that carries out an activity that is part of the renewable energy industry. resource authority holder means the holder of a resource authority.\n- (a) stated documents or information (the relevant material ), or stated types of documents or information (also the relevant material ), in its possession or control that Coexistence Queensland reasonably requires for the effective and efficient carrying out of Coexistence Queensland’s functions; or\n- (b) access to the relevant material.\n- (a) the requirement relates to relevant material that is in someone else’s possession or control and the other person has refused to give the relevant material to the entity despite the entity’s reasonable efforts to obtain it; or\n- (b) complying with the requirement would place the entity in contravention of a law; or\n- (c) the requirement relates to someone else’s confidential information and the other person has refused to consent to it being disclosed to the chairperson despite the entity’s reasonable efforts to obtain the consent; or\n- (d) the giving of the relevant material might tend to incriminate the entity; or\n- (e) the relevant material is confidential to the entity or the giving of the relevant material might be to the detriment of the entity’s commercial or other interests.\n- (a) a landholder; or\n- (b) a resource authority holder; or\n- (c) a renewable energy entity; or\n- (d) a company engaged under a written agreement to carry out an activity, on behalf of a resource authority holder or a renewable energy entity, that is part of the resources industry or the renewable energy industry.","sortOrder":35},{"sectionNumber":"pt.3-div.3","sectionType":"division","heading":"Other","content":"## Other","sortOrder":36},{"sectionNumber":"sec.27","sectionType":"section","heading":"Publishing information","content":"### sec.27 Publishing information\n\nCoexistence Queensland may publish any information relevant to the purpose or a function of Coexistence Queensland.\nHowever, Coexistence Queensland must not publish any confidential information under subsection&#160;(1) .\ns&#160;27 amd 2024 No.&#160;33 s&#160;183 sch&#160;1 pt&#160;1\n(sec.27-ssec.1) Coexistence Queensland may publish any information relevant to the purpose or a function of Coexistence Queensland.\n(sec.27-ssec.2) However, Coexistence Queensland must not publish any confidential information under subsection&#160;(1) .","sortOrder":37},{"sectionNumber":"sec.28","sectionType":"section","heading":"Advisory bodies","content":"### sec.28 Advisory bodies\n\nThe chairperson may establish the advisory bodies the chairperson considers appropriate to give the chairperson or Coexistence Queensland—\nadditional or technical advice about a matter relevant to a function of Coexistence Queensland; or\nfeedback about advice Coexistence Queensland proposes to give the Minister or government entities.\ns&#160;28 amd 2024 No.&#160;33 s&#160;183 sch&#160;1 pt&#160;1\n- (a) additional or technical advice about a matter relevant to a function of Coexistence Queensland; or\n- (b) feedback about advice Coexistence Queensland proposes to give the Minister or government entities.","sortOrder":38},{"sectionNumber":"sec.29","sectionType":"section","heading":"Community leaders council","content":"### sec.29 Community leaders council\n\nCoexistence Queensland must establish a committee, and may establish more than 1 committee, (each a community leaders council ) for the purpose of assisting Coexistence Queensland to identify issues affecting the coexistence of landholders, regional communities, the resources industry and the renewable energy industry.\nA community leaders council is to consist of the chief executive officer and other individuals Coexistence Queensland is satisfied represent local governments, regional communities, the agricultural industry, the resources industry and the renewable energy industry.\nThe chief executive officer is to preside at meetings of a community leaders council.\ns&#160;29 amd 2017 No.&#160;35 s&#160;26\nsub 2024 No.&#160;33 s&#160;25\n(sec.29-ssec.1) Coexistence Queensland must establish a committee, and may establish more than 1 committee, (each a community leaders council ) for the purpose of assisting Coexistence Queensland to identify issues affecting the coexistence of landholders, regional communities, the resources industry and the renewable energy industry.\n(sec.29-ssec.2) A community leaders council is to consist of the chief executive officer and other individuals Coexistence Queensland is satisfied represent local governments, regional communities, the agricultural industry, the resources industry and the renewable energy industry.\n(sec.29-ssec.3) The chief executive officer is to preside at meetings of a community leaders council.","sortOrder":39},{"sectionNumber":"pt.4","sectionType":"part","heading":"Administration","content":"# Administration","sortOrder":40},{"sectionNumber":"sec.30","sectionType":"section","heading":"Employment of chief executive officer","content":"### sec.30 Employment of chief executive officer\n\nCoexistence Queensland must employ a chief executive officer.\nThe chief executive officer is employed under this Act and not the Public Sector Act 2022 .\nCoexistence Queensland may at any time remove the chief executive officer from office for any reason or none.\nThe chairperson may appoint a person, other than a member, to act in the office of chief executive officer during—\na vacancy, or all vacancies, in the office; or\nany period, or all periods, when the chief executive officer is absent from duty, or can not, for another reason, perform the functions of the office.\nIf the office of chief executive officer is vacant for more than 4 months, the Minister may request the chairperson to have the vacancy filled.\nSubsection&#160;(7) applies if the person employed as the chief executive officer resigns the person’s role as a public service officer in order to accept the employment.\nSection&#160;17 (2) and (3) applies to the person as if a reference in the section to appointment or service as a member were a reference to employment or service as the chief executive officer.\ns&#160;30 sub 2017 No.&#160;35 s&#160;27\namd 2022 No.&#160;34 s&#160;365 sch&#160;3 ; 2024 No.&#160;33 s&#160;183 sch&#160;1 pt&#160;1\n(sec.30-ssec.1) Coexistence Queensland must employ a chief executive officer.\n(sec.30-ssec.2) The chief executive officer is employed under this Act and not the Public Sector Act 2022 .\n(sec.30-ssec.3) Coexistence Queensland may at any time remove the chief executive officer from office for any reason or none.\n(sec.30-ssec.4) The chairperson may appoint a person, other than a member, to act in the office of chief executive officer during— a vacancy, or all vacancies, in the office; or any period, or all periods, when the chief executive officer is absent from duty, or can not, for another reason, perform the functions of the office.\n(sec.30-ssec.5) If the office of chief executive officer is vacant for more than 4 months, the Minister may request the chairperson to have the vacancy filled.\n(sec.30-ssec.6) Subsection&#160;(7) applies if the person employed as the chief executive officer resigns the person’s role as a public service officer in order to accept the employment.\n(sec.30-ssec.7) Section&#160;17 (2) and (3) applies to the person as if a reference in the section to appointment or service as a member were a reference to employment or service as the chief executive officer.\n- (a) a vacancy, or all vacancies, in the office; or\n- (b) any period, or all periods, when the chief executive officer is absent from duty, or can not, for another reason, perform the functions of the office.","sortOrder":41},{"sectionNumber":"sec.30A","sectionType":"section","heading":"Responsibilities of chief executive officer","content":"### sec.30A Responsibilities of chief executive officer\n\nThe chief executive officer is responsible for the day-to-day administration of Coexistence Queensland, including, for example—\nimplementing the strategic priorities of Coexistence Queensland set at Coexistence Queensland meetings; and\ndeveloping plans to address key issues being considered by Coexistence Queensland; and\nfor section&#160;31 , managing the process of employing other staff of Coexistence Queensland; and\nmanaging the other staff of Coexistence Queensland.\nSee section&#160;32 (2) (c) for when an officer or employee whose services are made available to Coexistence Queensland under section&#160;32 is taken to be a member of the staff of Coexistence Queensland.\nThe chief executive officer is also responsible for carrying out any direction given by the chairperson to the chief executive officer in relation to helping Coexistence Queensland perform its functions.\ns&#160;30A ins 2017 No.&#160;35 s&#160;27\namd 2024 No.&#160;33 s&#160;183 sch&#160;1 pt&#160;1\n(sec.30A-ssec.1) The chief executive officer is responsible for the day-to-day administration of Coexistence Queensland, including, for example— implementing the strategic priorities of Coexistence Queensland set at Coexistence Queensland meetings; and developing plans to address key issues being considered by Coexistence Queensland; and for section&#160;31 , managing the process of employing other staff of Coexistence Queensland; and managing the other staff of Coexistence Queensland. See section&#160;32 (2) (c) for when an officer or employee whose services are made available to Coexistence Queensland under section&#160;32 is taken to be a member of the staff of Coexistence Queensland.\n(sec.30A-ssec.2) The chief executive officer is also responsible for carrying out any direction given by the chairperson to the chief executive officer in relation to helping Coexistence Queensland perform its functions.\n- (a) implementing the strategic priorities of Coexistence Queensland set at Coexistence Queensland meetings; and\n- (b) developing plans to address key issues being considered by Coexistence Queensland; and\n- (c) for section&#160;31 , managing the process of employing other staff of Coexistence Queensland; and\n- (d) managing the other staff of Coexistence Queensland. Note— See section&#160;32 (2) (c) for when an officer or employee whose services are made available to Coexistence Queensland under section&#160;32 is taken to be a member of the staff of Coexistence Queensland.","sortOrder":42},{"sectionNumber":"sec.31","sectionType":"section","heading":"Other staff of Coexistence Queensland","content":"### sec.31 Other staff of Coexistence Queensland\n\nCoexistence Queensland may employ other staff it considers appropriate to perform its functions.\nThe other staff are to be employed under the Public Sector Act 2022 .\ns&#160;31 amd 2017 No.&#160;35 s&#160;28 ; 2022 No.&#160;34 s&#160;365 sch&#160;3 ; 2024 No.&#160;33 s&#160;183 sch&#160;1 pt&#160;1\n(sec.31-ssec.1) Coexistence Queensland may employ other staff it considers appropriate to perform its functions.\n(sec.31-ssec.2) The other staff are to be employed under the Public Sector Act 2022 .","sortOrder":43},{"sectionNumber":"sec.32","sectionType":"section","heading":"Alternative staffing arrangements","content":"### sec.32 Alternative staffing arrangements\n\nCoexistence Queensland may, with the agreement of the chief executive of a department, a local government, a government entity or a government owned corporation, arrange for the services of officers or employees of the department, local government, entity or corporation to be made available to Coexistence Queensland.\nAn officer or employee whose services are made available under subsection&#160;(1) —\ncontinues to be an officer or employee of the department, local government, entity or corporation; and\ncontinues to be employed or otherwise engaged by the department, local government, entity or corporation on the same terms and conditions applying to the officer or employee before his or her services were made available; and\nis, for the period the services are made available and for the carrying out of Coexistence Queensland’s functions, taken to be a member of the staff of Coexistence Queensland.\nNothing in subsection&#160;(1) requires a chief executive to enter into an arrangement with Coexistence Queensland for the services of officers or employees.\ns&#160;32 amd 2024 No.&#160;33 s&#160;183 sch&#160;1 pt&#160;1\n(sec.32-ssec.1) Coexistence Queensland may, with the agreement of the chief executive of a department, a local government, a government entity or a government owned corporation, arrange for the services of officers or employees of the department, local government, entity or corporation to be made available to Coexistence Queensland.\n(sec.32-ssec.2) An officer or employee whose services are made available under subsection&#160;(1) — continues to be an officer or employee of the department, local government, entity or corporation; and continues to be employed or otherwise engaged by the department, local government, entity or corporation on the same terms and conditions applying to the officer or employee before his or her services were made available; and is, for the period the services are made available and for the carrying out of Coexistence Queensland’s functions, taken to be a member of the staff of Coexistence Queensland.\n(sec.32-ssec.3) Nothing in subsection&#160;(1) requires a chief executive to enter into an arrangement with Coexistence Queensland for the services of officers or employees.\n- (a) continues to be an officer or employee of the department, local government, entity or corporation; and\n- (b) continues to be employed or otherwise engaged by the department, local government, entity or corporation on the same terms and conditions applying to the officer or employee before his or her services were made available; and\n- (c) is, for the period the services are made available and for the carrying out of Coexistence Queensland’s functions, taken to be a member of the staff of Coexistence Queensland.","sortOrder":44},{"sectionNumber":"sec.33","sectionType":"section","heading":"Coexistence Queensland not subject to outside direction","content":"### sec.33 Coexistence Queensland not subject to outside direction\n\nMembers, the chief executive officer or other staff of Coexistence Queensland are not subject to direction in the performance of their duties by any person, other than from within Coexistence Queensland.\ns&#160;33 amd 2017 No.&#160;35 s&#160;29 ; 2024 No.&#160;33 s&#160;183 sch&#160;1 pt&#160;1","sortOrder":45},{"sectionNumber":"sec.34","sectionType":"section","heading":"Annual budgets and financial management policies","content":"### sec.34 Annual budgets and financial management policies\n\nBefore each 31 March—\nCoexistence Queensland must prepare a budget—\nof estimated costs of Coexistence Queensland for the next financial year; and\nconsistent with the strategic priorities of Coexistence Queensland; and\nthe members must approve giving the budget and Coexistence Queensland’s financial management policies to the Minister; and\nCoexistence Queensland must give the approved budget and financial management policies to the Minister.\nThe Minister must approve, or refuse to approve, the budget and financial management policies by each 30 April.\nHowever, a failure by the Minister to act under subsection&#160;(2) does not prevent the Minister approving, or refusing to approve, a budget or financial management policy at a later time.\nA budget or financial management policy has no effect until it has been approved by the Minister.\nDuring a financial year Coexistence Queensland may prepare amendments to the budget for that year.\nAn amendment of a budget has no effect until it has been approved by—\nfor a minor amendment—the chairperson in consultation with the other members; or\notherwise—the Minister on the recommendation of the chairperson in consultation with the other members.\nIf the chairperson and the other members differ about what should be recommended to the Minister for an approval under this section, the Minister may still give the approval.\nIn this section—\nfinancial management policies means the policies to be observed in financial and performance management by Coexistence Queensland.\nUnder the Financial Accountability Act 2009 , section&#160;57 Coexistence Queensland must comply with a provision of a financial and performance standard that applies to Coexistence Queensland as a statutory body.\nminor amendment , of an annual budget, means an amendment of a minor nature that does not change the total of the estimated costs mentioned in the budget.\ns&#160;34 amd 2017 No.&#160;35 s&#160;30 ; 2024 No.&#160;33 s&#160;183 sch&#160;1 pt&#160;1\n(sec.34-ssec.1) Before each 31 March— Coexistence Queensland must prepare a budget— of estimated costs of Coexistence Queensland for the next financial year; and consistent with the strategic priorities of Coexistence Queensland; and the members must approve giving the budget and Coexistence Queensland’s financial management policies to the Minister; and Coexistence Queensland must give the approved budget and financial management policies to the Minister.\n(sec.34-ssec.2) The Minister must approve, or refuse to approve, the budget and financial management policies by each 30 April.\n(sec.34-ssec.3) However, a failure by the Minister to act under subsection&#160;(2) does not prevent the Minister approving, or refusing to approve, a budget or financial management policy at a later time.\n(sec.34-ssec.4) A budget or financial management policy has no effect until it has been approved by the Minister.\n(sec.34-ssec.5) During a financial year Coexistence Queensland may prepare amendments to the budget for that year.\n(sec.34-ssec.6) An amendment of a budget has no effect until it has been approved by— for a minor amendment—the chairperson in consultation with the other members; or otherwise—the Minister on the recommendation of the chairperson in consultation with the other members.\n(sec.34-ssec.7) If the chairperson and the other members differ about what should be recommended to the Minister for an approval under this section, the Minister may still give the approval.\n(sec.34-ssec.8) In this section— financial management policies means the policies to be observed in financial and performance management by Coexistence Queensland. Under the Financial Accountability Act 2009 , section&#160;57 Coexistence Queensland must comply with a provision of a financial and performance standard that applies to Coexistence Queensland as a statutory body. minor amendment , of an annual budget, means an amendment of a minor nature that does not change the total of the estimated costs mentioned in the budget.\n- (a) Coexistence Queensland must prepare a budget— (i) of estimated costs of Coexistence Queensland for the next financial year; and (ii) consistent with the strategic priorities of Coexistence Queensland; and\n- (i) of estimated costs of Coexistence Queensland for the next financial year; and\n- (ii) consistent with the strategic priorities of Coexistence Queensland; and\n- (b) the members must approve giving the budget and Coexistence Queensland’s financial management policies to the Minister; and\n- (c) Coexistence Queensland must give the approved budget and financial management policies to the Minister.\n- (i) of estimated costs of Coexistence Queensland for the next financial year; and\n- (ii) consistent with the strategic priorities of Coexistence Queensland; and\n- (a) for a minor amendment—the chairperson in consultation with the other members; or\n- (b) otherwise—the Minister on the recommendation of the chairperson in consultation with the other members.","sortOrder":46},{"sectionNumber":"sec.35","sectionType":"section","heading":"Annual report","content":"### sec.35 Annual report\n\nCoexistence Queensland must prepare and give to the Minister a written report about the operations of Coexistence Queensland during each financial year.\nBefore the report is given to the Minister the members must approve the report.\nThe report must be given to the Minister as soon as practicable after the end of the financial year, but within a period that will allow the report to be tabled in the Legislative Assembly within 3 months after the end of the financial year to which the report relates.\nWithout limiting subsection&#160;(1) , Coexistence Queensland must include in the report—\ndetails of the functions performed by Coexistence Queensland during the year; and\nfinancial statements for Coexistence Queensland for the year; and\na description of the prosecutions, if any, undertaken by Coexistence Queensland during the year; and\ninformation about how efficiently and effectively Coexistence Queensland has carried out its operations, including identifying key achievements and financial and non-financial performance.\nA description may include statistics.\nThe report must not be prepared in a way that discloses confidential information.\ns&#160;35 amd 2024 No.&#160;33 s&#160;183 sch&#160;1 pt&#160;1\n(sec.35-ssec.1) Coexistence Queensland must prepare and give to the Minister a written report about the operations of Coexistence Queensland during each financial year.\n(sec.35-ssec.2) Before the report is given to the Minister the members must approve the report.\n(sec.35-ssec.3) The report must be given to the Minister as soon as practicable after the end of the financial year, but within a period that will allow the report to be tabled in the Legislative Assembly within 3 months after the end of the financial year to which the report relates.\n(sec.35-ssec.4) Without limiting subsection&#160;(1) , Coexistence Queensland must include in the report— details of the functions performed by Coexistence Queensland during the year; and financial statements for Coexistence Queensland for the year; and a description of the prosecutions, if any, undertaken by Coexistence Queensland during the year; and information about how efficiently and effectively Coexistence Queensland has carried out its operations, including identifying key achievements and financial and non-financial performance.\n(sec.35-ssec.5) A description may include statistics.\n(sec.35-ssec.6) The report must not be prepared in a way that discloses confidential information.\n- (a) details of the functions performed by Coexistence Queensland during the year; and\n- (b) financial statements for Coexistence Queensland for the year; and\n- (c) a description of the prosecutions, if any, undertaken by Coexistence Queensland during the year; and\n- (d) information about how efficiently and effectively Coexistence Queensland has carried out its operations, including identifying key achievements and financial and non-financial performance.","sortOrder":47},{"sectionNumber":"sec.36","sectionType":"section","heading":"Delegation","content":"### sec.36 Delegation\n\nThe chairperson may delegate any of the chairperson’s functions to any other member or to the chief executive officer.\nCoexistence Queensland may delegate any function of Coexistence Queensland to the chief executive officer or other staff of Coexistence Queensland.\nThe chief executive officer may delegate any of the chief executive officer’s responsibilities under section&#160;30A to other staff of Coexistence Queensland.\nIn this section—\nfunctions includes powers.\ns&#160;36 amd 2017 No.&#160;35 s&#160;31 ; 2024 No.&#160;33 s&#160;183 sch&#160;1 pt&#160;1\n(sec.36-ssec.1) The chairperson may delegate any of the chairperson’s functions to any other member or to the chief executive officer.\n(sec.36-ssec.2) Coexistence Queensland may delegate any function of Coexistence Queensland to the chief executive officer or other staff of Coexistence Queensland.\n(sec.36-ssec.3) The chief executive officer may delegate any of the chief executive officer’s responsibilities under section&#160;30A to other staff of Coexistence Queensland.\n(sec.36-ssec.4) In this section— functions includes powers.","sortOrder":48},{"sectionNumber":"pt.5","sectionType":"part","heading":"General offences and legal proceedings","content":"# General offences and legal proceedings","sortOrder":49},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"General offences","content":"## General offences","sortOrder":50},{"sectionNumber":"sec.37","sectionType":"section","heading":"False or misleading statements","content":"### sec.37 False or misleading statements\n\nThis section applies to a person who, in compliance with this Act, must provide information to the chairperson.\nThe person must not state anything to the chairperson that the person knows is false or misleading in a material particular.\nMaximum penalty—100 penalty units.\n(sec.37-ssec.1) This section applies to a person who, in compliance with this Act, must provide information to the chairperson.\n(sec.37-ssec.2) The person must not state anything to the chairperson that the person knows is false or misleading in a material particular. Maximum penalty—100 penalty units.","sortOrder":51},{"sectionNumber":"sec.38","sectionType":"section","heading":"False or misleading documents","content":"### sec.38 False or misleading documents\n\nThis section applies to a person who, in compliance with this Act, must provide information to the chairperson.\nThe person must not give the chairperson a document containing information that the person knows is false or misleading in a material particular.\nMaximum penalty—100 penalty units.\nSubsection&#160;(2) does not apply to a person if the person, when giving the document—\ntells the chairperson, to the best of the person’s ability, how it is false or misleading; and\nif the person has, or can reasonably obtain, the correct information—gives the correct information.\n(sec.38-ssec.1) This section applies to a person who, in compliance with this Act, must provide information to the chairperson.\n(sec.38-ssec.2) The person must not give the chairperson a document containing information that the person knows is false or misleading in a material particular. Maximum penalty—100 penalty units.\n(sec.38-ssec.3) Subsection&#160;(2) does not apply to a person if the person, when giving the document— tells the chairperson, to the best of the person’s ability, how it is false or misleading; and if the person has, or can reasonably obtain, the correct information—gives the correct information.\n- (a) tells the chairperson, to the best of the person’s ability, how it is false or misleading; and\n- (b) if the person has, or can reasonably obtain, the correct information—gives the correct information.","sortOrder":52},{"sectionNumber":"sec.39","sectionType":"section","heading":"Use of confidential information","content":"### sec.39 Use of confidential information\n\nThis section applies to a person who—\nis, or has been, a member or the chief executive officer or other staff member of Coexistence Queensland; and\nobtains confidential information in administering or performing a function under this Act.\nThe person must not, whether directly or indirectly, disclose the confidential information unless the disclosure is—\nin the performance of functions under this Act; or\nwith the consent of the person to whom the information relates; or\notherwise required or permitted by law.\nMaximum penalty—50 penalty units.\ns&#160;39 amd 2017 No.&#160;35 s&#160;32 ; 2024 No.&#160;33 s&#160;183 sch&#160;1 pt&#160;1\n(sec.39-ssec.1) This section applies to a person who— is, or has been, a member or the chief executive officer or other staff member of Coexistence Queensland; and obtains confidential information in administering or performing a function under this Act.\n(sec.39-ssec.2) The person must not, whether directly or indirectly, disclose the confidential information unless the disclosure is— in the performance of functions under this Act; or with the consent of the person to whom the information relates; or otherwise required or permitted by law. Maximum penalty—50 penalty units.\n- (a) is, or has been, a member or the chief executive officer or other staff member of Coexistence Queensland; and\n- (b) obtains confidential information in administering or performing a function under this Act.\n- (a) in the performance of functions under this Act; or\n- (b) with the consent of the person to whom the information relates; or\n- (c) otherwise required or permitted by law.","sortOrder":53},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Evidentiary provisions","content":"## Evidentiary provisions","sortOrder":54},{"sectionNumber":"sec.40","sectionType":"section","heading":null,"content":"### Section sec.40\n\ns&#160;40 om 2024 No.&#160;33 s&#160;26","sortOrder":55},{"sectionNumber":"sec.41","sectionType":"section","heading":"Appointments and authority","content":"### sec.41 Appointments and authority\n\nIn a proceeding, the following must be presumed unless a party to the proceeding, by reasonable notice, requires proof of it—\nthe appointment under this Act of a member;\nthe authority of a member or the chief executive officer or other staff of Coexistence Queensland to do anything under this Act.\ns&#160;41 amd 2017 No.&#160;35 s&#160;33 ; 2024 No.&#160;33 s&#160;183 sch&#160;1 pt&#160;1\n- (a) the appointment under this Act of a member;\n- (b) the authority of a member or the chief executive officer or other staff of Coexistence Queensland to do anything under this Act.","sortOrder":56},{"sectionNumber":"sec.42","sectionType":"section","heading":"Signatures","content":"### sec.42 Signatures\n\nA signature purporting to be the signature of a member or the chief executive officer is evidence of the signature it purports to be.\ns&#160;42 amd 2017 No.&#160;35 s&#160;34 ; 2024 No.&#160;33 s&#160;183 sch&#160;1 pt&#160;1","sortOrder":57},{"sectionNumber":"sec.43","sectionType":"section","heading":"Other evidentiary aids","content":"### sec.43 Other evidentiary aids\n\nIn a proceeding, a certificate purporting to be that of the chairperson stating any of the following matters is evidence of the matter—\na stated document is an appointment or notice made or given under this Act;\na stated document is a document given to Coexistence Queensland under this Act;\na stated document is a copy of a document mentioned in paragraph&#160;(a) or (b) ;\non a stated day, a stated requirement was made of a person.\nA statement in a complaint for an offence against this Act that the matter of the complaint came to the knowledge of the complainant on a stated day is evidence of when the matter came to the complainant’s knowledge.\ns&#160;43 amd 2024 No.&#160;33 s&#160;183 sch&#160;1 pt&#160;1\n(sec.43-ssec.1) In a proceeding, a certificate purporting to be that of the chairperson stating any of the following matters is evidence of the matter— a stated document is an appointment or notice made or given under this Act; a stated document is a document given to Coexistence Queensland under this Act; a stated document is a copy of a document mentioned in paragraph&#160;(a) or (b) ; on a stated day, a stated requirement was made of a person.\n(sec.43-ssec.2) A statement in a complaint for an offence against this Act that the matter of the complaint came to the knowledge of the complainant on a stated day is evidence of when the matter came to the complainant’s knowledge.\n- (a) a stated document is an appointment or notice made or given under this Act;\n- (b) a stated document is a document given to Coexistence Queensland under this Act;\n- (c) a stated document is a copy of a document mentioned in paragraph&#160;(a) or (b) ;\n- (d) on a stated day, a stated requirement was made of a person.","sortOrder":58},{"sectionNumber":"sec.44","sectionType":"section","heading":"Protection from liability","content":"### sec.44 Protection from liability\n\nA member and the chief executive officer do not incur civil liability for an act done, or omission made, honestly and without negligence under this Act.\nIf subsection&#160;(1) prevents a civil liability attaching to a member or the chief executive officer, the liability attaches instead to the State.\ns&#160;44 amd 2014 No.&#160;40 s&#160;85 ; 2017 No.&#160;35 s&#160;35 ; 2024 No.&#160;33 s&#160;183 sch&#160;1 pt&#160;1\n(sec.44-ssec.1) A member and the chief executive officer do not incur civil liability for an act done, or omission made, honestly and without negligence under this Act.\n(sec.44-ssec.2) If subsection&#160;(1) prevents a civil liability attaching to a member or the chief executive officer, the liability attaches instead to the State.","sortOrder":59},{"sectionNumber":"sec.45","sectionType":"section","heading":"Coexistence Queensland is a statutory body","content":"### sec.45 Coexistence Queensland is a statutory body\n\nCoexistence Queensland is a statutory body under—\nthe Financial Accountability Act 2009 ; and\nthe Statutory Bodies Financial Arrangements Act 1982 .\nThe Statutory Bodies Financial Arrangements Act 1982 , part&#160;2B sets out the way in which Coexistence Queensland’s powers under this Act are affected by that Act.\ns&#160;45 amd 2024 No.&#160;33 s&#160;183 sch&#160;1 pt&#160;1\n(sec.45-ssec.1) Coexistence Queensland is a statutory body under— the Financial Accountability Act 2009 ; and the Statutory Bodies Financial Arrangements Act 1982 .\n(sec.45-ssec.2) The Statutory Bodies Financial Arrangements Act 1982 , part&#160;2B sets out the way in which Coexistence Queensland’s powers under this Act are affected by that Act.\n- (a) the Financial Accountability Act 2009 ; and\n- (b) the Statutory Bodies Financial Arrangements Act 1982 .","sortOrder":60},{"sectionNumber":"pt.6","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":61},{"sectionNumber":"sec.46","sectionType":"section","heading":"Regulation-making power","content":"### sec.46 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.","sortOrder":62},{"sectionNumber":"pt.7","sectionType":"part","heading":"Transitional provisions","content":"# Transitional provisions","sortOrder":63},{"sectionNumber":"pt.7-div.1","sectionType":"division","heading":"Transitional provisions for Gasfields Commission and Other Legislation Amendment Act 2017","content":"## Transitional provisions for Gasfields Commission and Other Legislation Amendment Act 2017","sortOrder":64},{"sectionNumber":"sec.47","sectionType":"section","heading":"Definitions for division","content":"### sec.47 Definitions for division\n\nIn this division—\namending Act means the Gasfields Commission and Other Legislation Amendment Act 2017 .\nformer , in relation to a provision, means the provision as in force at any time before the commencement.\ns&#160;47 ins 2017 No.&#160;35 s&#160;37\namd 2024 No.&#160;33 s&#160;29","sortOrder":65},{"sectionNumber":"sec.48","sectionType":"section","heading":"Appointment of initial chief executive officer","content":"### sec.48 Appointment of initial chief executive officer\n\nThis section applies if, immediately before the commencement, a person was employed as the general manager under former section&#160;30.\nOn the commencement, the person is taken to be appointed as the chief executive officer under section&#160;30 as in force on the commencement.\ns&#160;48 ins 2017 No.&#160;35 s&#160;37\n(sec.48-ssec.1) This section applies if, immediately before the commencement, a person was employed as the general manager under former section&#160;30.\n(sec.48-ssec.2) On the commencement, the person is taken to be appointed as the chief executive officer under section&#160;30 as in force on the commencement.","sortOrder":66},{"sectionNumber":"sec.49","sectionType":"section","heading":"Initial chief executive officer—how employed and prohibition on particular benefits","content":"### sec.49 Initial chief executive officer—how employed and prohibition on particular benefits\n\nThe person taken to be appointed as the chief executive officer under section&#160;48—\nis employed by the commission as the chief executive officer on the same terms, as far as practicable, as the person was, immediately before the commencement, employed on as the general manager; and\nis not entitled to an amount or other benefit that is or might otherwise be payable to, or acquired by, the person because of the repeal of former section&#160;30.\nSubsection&#160;(1)(b) has no effect on superannuation entitlements or leave entitlements.\nNo compensation is payable to the person because of the repeal of former section&#160;30.\ns&#160;49 ins 2017 No.&#160;35 s&#160;37\n(sec.49-ssec.1) The person taken to be appointed as the chief executive officer under section&#160;48— is employed by the commission as the chief executive officer on the same terms, as far as practicable, as the person was, immediately before the commencement, employed on as the general manager; and is not entitled to an amount or other benefit that is or might otherwise be payable to, or acquired by, the person because of the repeal of former section&#160;30.\n(sec.49-ssec.2) Subsection&#160;(1)(b) has no effect on superannuation entitlements or leave entitlements.\n(sec.49-ssec.3) No compensation is payable to the person because of the repeal of former section&#160;30.\n- (a) is employed by the commission as the chief executive officer on the same terms, as far as practicable, as the person was, immediately before the commencement, employed on as the general manager; and\n- (b) is not entitled to an amount or other benefit that is or might otherwise be payable to, or acquired by, the person because of the repeal of former section&#160;30.","sortOrder":67},{"sectionNumber":"sec.50","sectionType":"section","heading":"Continuation of particular former provisions about general manager","content":"### sec.50 Continuation of particular former provisions about general manager\n\nFormer sections&#160;30(4), 39, 41 and 42 continue to apply to each person who, at any time before the commencement, was employed as the general manager under former section&#160;30, as if the amending Act had not been enacted.\ns&#160;50 ins 2017 No.&#160;35 s&#160;37","sortOrder":68},{"sectionNumber":"pt.7-div.2","sectionType":"division","heading":"Transitional provisions for Mineral and Energy Resources and Other Legislation Amendment Act 2024","content":"## Transitional provisions for Mineral and Energy Resources and Other Legislation Amendment Act 2024","sortOrder":69},{"sectionNumber":"sec.51","sectionType":"section","heading":"Change in name of Coexistence Queensland","content":"### sec.51 Change in name of Coexistence Queensland\n\nTo remove any doubt, it is declared that the amendment of section&#160;6 by the Mineral and Energy Resources and Other Legislation Amendment Act 2024 has effect only to change the name of the entity that is Coexistence Queensland, and does not establish a new entity.\nA reference in an instrument to the Gasfields Commission may, if the context permits, be taken to be a reference to Coexistence Queensland.\ns&#160;51 ins 2024 No.&#160;33 s&#160;30\n(sec.51-ssec.1) To remove any doubt, it is declared that the amendment of section&#160;6 by the Mineral and Energy Resources and Other Legislation Amendment Act 2024 has effect only to change the name of the entity that is Coexistence Queensland, and does not establish a new entity.\n(sec.51-ssec.2) A reference in an instrument to the Gasfields Commission may, if the context permits, be taken to be a reference to Coexistence Queensland.","sortOrder":70},{"sectionNumber":"sec.52","sectionType":"section","heading":"Continuation of particular former functions for 1-year period","content":"### sec.52 Continuation of particular former functions for 1-year period\n\nThis section applies if Coexistence Queensland has started, but not finished, carrying out a former function before the commencement.\nCoexistence Queensland may continue to carry out the former function as if the Mineral and Energy Resources and Other Legislation Amendment Act 2024 had not been enacted.\nHowever, Coexistence Queensland must finish carrying out the former function within 1 year after the commencement.\nIn this section—\nformer function means a function under section&#160;7(1)(b), (e) or (f) or 25 as in force immediately before the commencement.\ns&#160;52 ins 2024 No.&#160;33 s&#160;30\n(sec.52-ssec.1) This section applies if Coexistence Queensland has started, but not finished, carrying out a former function before the commencement.\n(sec.52-ssec.2) Coexistence Queensland may continue to carry out the former function as if the Mineral and Energy Resources and Other Legislation Amendment Act 2024 had not been enacted.\n(sec.52-ssec.3) However, Coexistence Queensland must finish carrying out the former function within 1 year after the commencement.\n(sec.52-ssec.4) In this section— former function means a function under section&#160;7(1)(b), (e) or (f) or 25 as in force immediately before the commencement.","sortOrder":71},{"sectionNumber":"sec.53","sectionType":"section","heading":"Continuation of commissioners as members","content":"### sec.53 Continuation of commissioners as members\n\nA person who was a commissioner immediately before the commencement continues as a member until the person’s appointment as a member ends under this Act.\nA reference in an instrument to a commissioner may, if the context permits, be taken to be a reference to a member.\ns&#160;53 ins 2024 No.&#160;33 s&#160;30\n(sec.53-ssec.1) A person who was a commissioner immediately before the commencement continues as a member until the person’s appointment as a member ends under this Act.\n(sec.53-ssec.2) A reference in an instrument to a commissioner may, if the context permits, be taken to be a reference to a member.","sortOrder":72},{"sectionNumber":"sec.54","sectionType":"section","heading":"Minister may remove existing members","content":"### sec.54 Minister may remove existing members\n\nThe Minister may, within 1 year after the commencement, remove an existing member from office as a member by notice given to the member.\nIn deciding whether to remove an existing member from office, the Minister must have regard to the matters mentioned in section&#160;9A(2).\nIf the Minister decides to remove an existing member from office by notice given under subsection&#160;(1), the removal takes effect on the day stated in the notice, which must not be earlier than the day the notice is given to the member.\nNo compensation is payable to a person who is removed from office under this section.\nTo remove any doubt, it is declared that subsection&#160;(4) does not limit or otherwise affect a person’s right to a benefit or an entitlement that has accrued before the person is removed from office under this section.\nIn this section—\nexisting member means a person who continues as a member under section&#160;53.\ns&#160;54 ins 2024 No.&#160;33 s&#160;30\n(sec.54-ssec.1) The Minister may, within 1 year after the commencement, remove an existing member from office as a member by notice given to the member.\n(sec.54-ssec.2) In deciding whether to remove an existing member from office, the Minister must have regard to the matters mentioned in section&#160;9A(2).\n(sec.54-ssec.3) If the Minister decides to remove an existing member from office by notice given under subsection&#160;(1), the removal takes effect on the day stated in the notice, which must not be earlier than the day the notice is given to the member.\n(sec.54-ssec.4) No compensation is payable to a person who is removed from office under this section.\n(sec.54-ssec.5) To remove any doubt, it is declared that subsection&#160;(4) does not limit or otherwise affect a person’s right to a benefit or an entitlement that has accrued before the person is removed from office under this section.\n(sec.54-ssec.6) In this section— existing member means a person who continues as a member under section&#160;53.","sortOrder":73},{"sectionNumber":"sec.55","sectionType":"section","heading":"Continuation of gasfields community leaders council as community leaders council","content":"### sec.55 Continuation of gasfields community leaders council as community leaders council\n\nThe gasfields community leaders council in existence immediately before the commencement continues as a community leaders council under section&#160;29.\ns&#160;55 ins 2024 No.&#160;33 s&#160;30","sortOrder":74}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 2013 Act established the Gasfields Commission with a narrowly defined focus on the gas/coal seam gas resources sector and its relationship with landholders and regional communities. By 2024, the scope had materially expanded to include the renewable energy industry (wind, solar, etc.) throughout the Act's purpose, functions, membership requirements, and information-gathering powers. The body was also renamed from 'Gasfields Commission' to 'Coexistence Queensland' to reflect this broader mandate. This represents a significant shift from a single-industry mediator to a cross-sector coexistence body covering both fossil fuel resources and clean energy development."},"complexity_factors":["Multiple interacting stakeholder groups (landholders, resources industry, renewable energy, government) create layered obligations","Amended multiple times (2014, 2017, 2022, 2024) requiring understanding of transitional provisions to grasp current state","Cross-references to several other Acts (Regional Planning Interests Act 2014, Financial Accountability Act 2009, Statutory Bodies Financial Arrangements Act 1982, Integrity Act 2009, Public Sector Act 2022)","Transitional provisions (Parts 7-div.1 and 7-div.2) deal with name change from Gasfields Commission and structural reforms, adding complexity for those tracking the history","Distinction between government entities (no penalty) and prescribed private entities (100 penalty unit maximum) for information compliance obligations","Conflict of interest disclosure regime with nuanced voting and participation rules","Budget approval process involves multiple layers: members, chairperson, and Minister with separate rules for minor vs substantive amendments"],"plain_english_summary":"Coexistence Queensland is a new Queensland government body set up to mediate and manage relationships between farmers/landholders, regional communities, the resources industry and the expanding renewable energy sector. It offers advice to government, answers public enquiries, facilitates dialogue and research, and can require information from agencies and companies to help resolve conflicts.\n\nRenamed from the Gasfields Commission in 2024, it aims to give affected landholders and communities a voice and practical pathways to resolve disputes without litigation."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Act’s scope has been amended: the 2024 amendment changed the entity’s name and declared the amendment only altered the name, not established a new entity (s 51). Certain former functions were preserved only for a transitional 1‑year period, indicating a narrowing or reclassification of functions (s 52). Transitional provisions also convert existing commissioners into members and give the Minister a one‑year removal power over existing members (ss 53–54). These amendments therefore adjusted the entity’s formal identity and the temporal scope of some prior functions."},"complexity_factors":["Institutional design: appointment, eligibility and composition rules for members, including Minister’s selection criteria and Governor in Council appointment power (ss 9, 9A, 10, 11).","High executive discretion: Minister or Governor in Council may remove members or approve budgets (ss 12, 14, 34, 54).","Information‑gathering powers with statutory exemptions and criminal penalties: chairperson can require information from government entities and prescribed private entities; non‑compliance exceptions include legal constraints, confidentiality and self‑incrimination; 100 penalty unit maximum for prescribed entities (ss 23, 24, 26).","Confidentiality and publication limits juxtaposed with broad publication powers—publication allowed except for confidential information; staff and former officers barred from unauthorised disclosure (ss 27, 39).","Budgetary oversight and ministerial approval: annual budgets and financial management policies require Minister’s approval before effect (s 34).","Staffing and employment regime: CEO and some members employed under this Act (not Public Sector Act), other staff under Public Sector Act, and option to second staff from departments or local governments (ss 30, 30A, 31, 32).","Operational rules: quorum, meeting frequency and delegation rules constrain governance and decision‑making (ss 20–22, 36).","Legal and evidentiary provisions that ease proof of appointments, signatures and chairperson certificates in proceedings (ss 41–43).","Liability allocation: members and CEO protected from civil liability for honest, non‑negligent acts; liability instead attaches to the State (s 44).","Transitional and amendment complexity: provisions addressing name change, continuation of former functions for a limited period and conversion of existing commissioners to members (secs 51–55)."],"plain_english_summary":"Mechanically, this Act creates Coexistence Queensland as a statutory body to manage and improve the ‘sustainable coexistence’ of landholders, regional communities, the resources industry and the renewable energy industry. It gives the body powers to advise Ministers and planning decision‑makers, act as a central contact point, require information from government and prescribed private entities, publish educational material, establish advisory councils and employ staff.\n\nWho it affects: landholders, resource and renewable businesses, regional communities and government agencies. It matters because it centralises coordination, information‑gathering and advice on interactions between these groups."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly beyond its original scope. Initially established as the 'Gasfields Commission' focused specifically on coal seam gas and the resources industry, the 2024 amendments renamed it 'Coexistence Queensland' and explicitly added the renewable energy industry as a core stakeholder group. The purpose clause now references 'renewable energy industry' alongside resources, and membership requirements now mandate expertise in renewable energy. This represents a broadening from a gas-specific commission to a multi-industry coexistence body covering all major land-use conflicts in regional Queensland."},"complexity_factors":["Straightforward structure with clear Parts and Divisions (7 Parts, multiple Divisions)","Moderate cross-referencing to other Queensland legislation (Regional Planning Interests Act 2014, Financial Accountability Act 2009, Public Sector Act 2022, Integrity Act 2009)","Multiple amendment history notes throughout (2014, 2017, 2022, 2024) showing evolution but not complicating current reading","Standard governance provisions (meetings, delegations, appointments) typical of statutory body legislation","Some conditional logic in information-gathering powers (sections 23-26) with specific exemptions (legal contravention, confidentiality, self-incrimination)","Transitional provisions in Part 7 handle the 2017 and 2024 restructures clearly","No nested exceptions or highly technical definitional sections - definitions are in a schedule (not shown in extract)"],"plain_english_summary":"This legislation creates **Coexistence Queensland**, a government body designed to help different groups get along in regional areas where mining, renewable energy projects, and farming overlap.\n\n**What it does:**\n- Establishes Coexistence Queensland as an independent statutory body (a government organisation with its own legal identity)\n- Sets up a board of up to 7 members (1 chairperson plus 6 part-time members) who must represent landholders, local communities, the resources industry, and the renewable energy industry\n- Gives the body several key jobs:\n  * Acting as a central contact point for disputes and questions about land use conflicts\n  * Advising the government on whether mining/energy projects can coexist with farming communities\n  * Publishing educational materials about health, wellbeing, and sustainable land use\n  * Conducting research and facilitating community engagement\n  * Helping improve relationships between farmers, regional towns, mining companies, and renewable energy operators\n\n**Who it affects:**\n- **Landholders** (farmers and property owners) in areas with mining or energy projects\n- **Regional communities** dealing with resource development\n- **Mining and gas companies** (resources industry)\n- **Renewable energy companies** (solar, wind, etc.)\n- **Government agencies** that must share information with Coexistence Queensland when requested\n\n**Why it matters:**\nQueensland has significant coal seam gas, mining, and now renewable energy development happening on agricultural land. This body is meant to reduce conflict by providing independent advice, improving communication, and ensuring all voices are heard when big projects affect rural communities. It has powers to demand information from government agencies and certain private companies (with some exceptions), and can publish findings to help everyone understand how to share the land sustainably.\n\n**Recent changes:** The body was formerly called the \"Gasfields Commission\" but was renamed and expanded in 2024 to include renewable energy, not just gas and mining."},"issue_detection":{"absurdities":[{"type":"impossible_compliance","section":"sec.22(4)","severity":"medium","reasoning":"Section 22(4) defines quorum as 'the chairperson and 2 other members.' If the chairperson is absent and another member presides under s.22(3), the quorum as literally defined cannot be met because the chairperson is not present. The provision conflates the role of presiding officer with the quorum composition, creating a structural impossibility whenever the chairperson is legitimately absent.","confidence":0.72,"description":"The quorum requirement mandates the chairperson plus 2 other members, but the chairperson can be full-time or part-time under sec.9(a). If the chairperson is a part-time member, the quorum effectively requires the chairperson's physical presence at every meeting, making it impossible to hold a valid meeting whenever the chairperson is unavailable — even though sec.16(2) allows another member to preside during short absences. The quorum definition is tied to the chairperson personally, not to whoever is presiding."},{"type":"self_contradicting","section":"sec.19(3) and sec.19(4)","severity":"low","reasoning":"While ss.(3) and (4) are not strictly contradictory (they address different votes — the vote on continued participation vs. the vote on the substantive matter), the interaction creates an absurd outcome: a member is voted in to participate but cannot participate in the vote that matters. The legislative purpose of conflict of interest rules is served, but the structure is internally awkward.","confidence":0.55,"description":"A conflicted member must disclose their interest and can only further participate if a majority of 'other members' vote in favour. However, ss.(4) then absolutely prohibits the member from participating in 'any vote on the matter.' This creates an absurdity: the section permits continued participation in the meeting generally but categorically excludes participation in the very vote that determines the outcome of the matter — rendering the permitted participation practically meaningless on the central issue being considered."},{"type":"impossible_compliance","section":"sec.26(3)(d) and sec.26(3)(e)","severity":"high","reasoning":"The exemption in s.26(3)(e) has no limiting principle — any entity can claim commercial detriment. The penalty for non-compliance (100 penalty units) combined with a self-assessed exemption creates a regime where enforcement is practically impossible. There is no mechanism for Coexistence Queensland to challenge a claimed exemption, and the entity need only inform the chairperson in writing that the exemption applies (s.26(4)).","confidence":0.78,"description":"A prescribed entity is exempt from providing information if 'the giving of the relevant material might tend to incriminate the entity' OR if 'the relevant material is confidential to the entity or the giving of the relevant material might be to the detriment of the entity's commercial or other interests.' The commercial detriment exemption in (e) is extraordinarily broad — virtually any business information could be argued to be to the 'detriment of the entity's commercial... interests.' This renders the coercive information-gathering power in sec.26(1) largely illusory for prescribed private entities, as they can self-exempt on commercial grounds with no objective threshold or oversight mechanism."},{"type":"self_contradicting","section":"sec.33","severity":"medium","reasoning":"The Act simultaneously declares full operational independence from external direction (s.33) while creating hard external controls over the organisation's finances (s.34) and reporting obligations (s.35). Ministerial budget approval is a form of direction — an approved budget constrains how funds can be spent, effectively directing operations.","confidence":0.65,"description":"Section 33 provides that members, the CEO and other staff 'are not subject to direction in the performance of their duties by any person, other than from within Coexistence Queensland.' However, sec.34 requires the Minister to approve the budget and financial management policies (with no effective operation until approval), and sec.35(3) imposes a tabling deadline controlled by the Legislative Assembly calendar. These provisions impose significant external constraints on how Coexistence Queensland operates, directly contradicting the independence declared in s.33."},{"type":"impossible_compliance","section":"sec.34(2) and sec.34(3)","severity":"high","reasoning":"A statutory body required to prepare budgets (s.34(1)) and operate consistently with financial management standards (Financial Accountability Act 2009) cannot lawfully operate without an approved budget, yet the Act provides no mechanism — no deemed approval, no default budget, no spending authority — if the Minister simply fails to act. The 'cure' in s.34(3) makes the problem worse, not better.","confidence":0.82,"description":"Section 34(2) requires the Minister to approve or refuse the budget 'by each 30 April.' Section 34(3) then states that failure to act by 30 April 'does not prevent the Minister approving, or refusing to approve, a budget... at a later time.' Section 34(4) provides the budget 'has no effect until it has been approved by the Minister.' The combined effect is that if the Minister misses the 30 April deadline (which carries no consequence), Coexistence Queensland operates without an approved budget of any legal effect for an indeterminate period. The mandatory deadline is rendered entirely toothless, creating an operational void with no fallback mechanism."},{"type":"other","section":"sec.7(1)(c)","severity":"medium","reasoning":"Given that the 2024 amendments (No. 33) specifically added the renewable energy industry throughout the Act, and sec.7(1)(c) was not updated correspondingly, there is an internal inconsistency. Advice about assessment applications affecting renewable energy projects would not be within this function as literally drafted.","confidence":0.7,"description":"Section 7(1)(c) grants Coexistence Queensland the function of advising the chief executive under the Regional Planning Interests Act 2014 about 'the ability of landholders, regional communities and the resources industry to coexist' — but notably omits the renewable energy industry, which is included throughout the rest of the Act (including the title and purpose). This creates an asymmetry where the body mandated to manage coexistence for both industries gives formal planning advice about only one of them."},{"type":"other","section":"sec.9A(3)","severity":"medium","reasoning":"The selective application of the curative provision to only one sub-function creates an arbitrary hierarchy of functions. There is no apparent policy reason why an improperly constituted board's advice about planning applications should be valid while its other advice and coercive information-gathering activities could be void.","confidence":0.68,"description":"Section 9A(3) provides that Coexistence Queensland's function under s.7(1)(c) is 'not invalid... only because of a defect or irregularity in the appointment of a member or because Coexistence Queensland was not properly constituted.' This curative provision applies only to the advisory function under s.7(1)(c), leaving all other functions of Coexistence Queensland potentially invalidated by appointment defects. It is logically absurd to protect only one advisory function from constitutional defects while leaving all other functions — including binding information requirements under ss.23-26 — exposed to invalidity."},{"type":"self_contradicting","section":"sec.38(3)","severity":"medium","reasoning":"The offence in s.38(2) requires knowledge that the document 'is false or misleading.' The defence in s.38(3) requires the person to tell the chairperson how it is false or misleading — which presupposes the same knowledge. A person without knowledge of the falsity has a complete defence under s.38(2) anyway. The s.38(3) defence is thus logically redundant or creates a paradox.","confidence":0.6,"description":"The defence to providing a false or misleading document under s.38(3) requires the person to tell the chairperson 'how it is false or misleading.' This requires the person to know precisely what is false or misleading about their own document. If the person knew exactly what was false and how, they would be knowingly providing false information — satisfying the mental element for the offence. The defence is thus available only to persons who simultaneously know the document is false but can explain its falsity, which is the exact state of mind that constitutes the offence."}],"contradictions":[{"severity":"medium","section_a":"sec.33","section_b":"sec.34(2) and sec.34(4)","confidence":0.7,"description":"Section 33 declares Coexistence Queensland members and staff are 'not subject to direction in the performance of their duties by any person, other than from within Coexistence Queensland.' Section 34(2) and (4) give the Minister effective veto power over Coexistence Queensland's budget — no budget has legal effect until Ministerially approved — which constitutes a form of external direction over operations."},{"severity":"medium","section_a":"sec.14","section_b":"sec.54(2)","confidence":0.75,"description":"Section 14 allows the Governor in Council to remove a member 'for any reason or none.' Section 54(2) requires the Minister (exercising the equivalent removal power for transitional members under s.54) to 'have regard to the matters mentioned in section 9A(2)' in deciding whether to remove. The removal power is therefore unrestricted under the general provision (s.14) but constrained by relevant considerations under the transitional provision (s.54), creating inconsistent standards for removal of what are effectively equivalent officeholders."},{"severity":"low","section_a":"sec.30(2)","section_b":"sec.31(2)","confidence":0.55,"description":"Section 30(2) provides the CEO 'is employed under this Act and not the Public Sector Act 2022.' Section 31(2) provides that other staff 'are to be employed under the Public Sector Act 2022.' This creates two entirely different employment regimes within the same organisation with no bridging provisions addressing how Public Sector Act protections and obligations interact when seconded staff (under s.32) who retain their Public Sector Act conditions work alongside CEO-directed operations outside that Act."},{"severity":"high","section_a":"sec.22(4)","section_b":"sec.22(3)","confidence":0.8,"description":"Section 22(3) expressly contemplates meetings proceeding in the chairperson's absence, with another member presiding. Section 22(4) defines quorum as 'the chairperson and 2 other members.' A meeting in the chairperson's absence, however validly presided over under s.22(3), can never satisfy the quorum requirement as literally drafted under s.22(4), because the chairperson is not present."},{"severity":"medium","section_a":"sec.9(b)","section_b":"sec.9A(2)(b)","confidence":0.65,"description":"Section 9(b) provides for 'up to 6 part-time members.' Section 9A(2)(b) requires the Minister to be satisfied that Coexistence Queensland 'will include' members with four distinct types of expertise (landholders, communities, resources industry, renewable energy industry). With a minimum of zero part-time members legally permissible under s.9(b) and the chairperson being the only guaranteed member, there may be insufficient members to simultaneously satisfy all four expertise requirements — particularly if all requirements must be met by different individuals."},{"severity":"medium","section_a":"sec.26(3)(e)","section_b":"sec.23(3)","confidence":0.72,"description":"Government entities under sec.23 have no equivalent of the 'commercial or other interests' exemption available to prescribed private entities under s.26(3)(e). Government entities can only refuse on grounds of non-possession, legal contravention, or third-party confidentiality. Private prescribed entities (resource authority holders, landholders etc.) have the additional broad exemption of commercial detriment under s.26(3)(e). This means the Act imposes stricter information disclosure obligations on public entities than on private commercial entities — the inverse of the typical public accountability rationale."}]}},"importantCases":[],"_links":{"self":"/api/acts/coexistence-queensland-act-2013","history":"/api/acts/coexistence-queensland-act-2013/history","analysis":"/api/acts/coexistence-queensland-act-2013/analysis","conflicts":"/api/acts/coexistence-queensland-act-2013/conflicts","importantCases":"/api/acts/coexistence-queensland-act-2013/important-cases","documents":"/api/acts/coexistence-queensland-act-2013/documents"}}