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.
Who 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.
This Act establishes 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" (s 3; s 6). Mechanically, the Act sets out the entity’s constitution, governance, staffing, powers to obtain information and advice, reporting and budgeting obligations, confidentiality obligations, and limited offence provisions.
Key mechanical features are:
Establishment and purpose: Coexistence Queensland is created and its statutory purpose is stated (s 3; s 6).
Functions: A non-exhaustive list of functions includes facilitating relationships among stakeholders, acting as a central point of contact, advising the chief executive under the Regional Planning Interests Act 2014 on assessment applications, providing advice to Ministers and other stakeholders, publishing and partnering to produce educational resources, facilitating community engagement, and conducting research (s 7(1)(a)-(i)).
Membership and appointments: Governance is by a chairperson (full- or part-time) and up to six part-time members, all appointed by the Governor in Council on the Minister’s recommendation (ss 9; 9A). The Minister must ensure certain representational criteria are met when recommending appointments (s 9A(2)). Members are appointed for terms up to three years and may be reappointed (s 11).
Executive and staff: The body must employ a chief executive officer (s 30). The CEO is responsible for day-to-day administration and staff management (s 30A). The body may employ staff under the Public Sector Act 2022 and may arrange secondments with other government bodies (ss 31-32).
Powers to require information and advice: The chairperson may require information from government entities (s 23) and advice from chief executives of government entities (s 24). The chairperson may also require information or access from "prescribed entities" (landholders, resource authority holders, renewable energy entities and certain contractors) (s 26). Non-compliance by a prescribed entity can attract a maximum penalty of 100 penalty units (s 26(3)).
Current sections
Direct links to the current provisions in Coexistence Queensland Act 2013.
75
pt.1
Preliminary
Preliminary
sec.1
Short title
sec.1 Short title
This Act may be cited as the Coexistence Queensland Act 2013 .
s 1 amd 2024 No. 33 s 13
sec.2
Commencement
sec.2 Commencement
This Act commences on 1 July 2013.
sec.3
Purpose
sec.3 Purpose
The 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.
s 3 amd 2024 No. 33 s 14
sec.4
Act binds all persons
sec.4 Act binds all persons
This Act binds all persons, including the State.
sec.5
Definitions
sec.5 Definitions
The dictionary in schedule 1 defines particular words used in this Act.
pt.2
Coexistence Queensland
Coexistence Queensland
pt.2-div.1
Establishment, functions and powers of Coexistence Queensland
Establishment, functions and powers of Coexistence Queensland
sec.6
Establishment of Coexistence Queensland
sec.6 Establishment of Coexistence Queensland
Coexistence Queensland is established.
s 6 amd 2024 No. 33 s 15
sec.7
Coexistence Queensland’s functions
sec.7 Coexistence Queensland’s functions
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 (a) to (h) .
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.
s 7 amd 2014 No. 11 s 114 ; 2017 No. 35 s 19
sub 2024 No. 33 s 16
(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 (a) to (h) .
(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.
(a) facilitating better relationships between landholders, regional communities, the resources industry and the renewable energy industry;
(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;
(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;
(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;
(i) emerging issues about those matters; and
(ii) leading practice about those matters;
(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;
(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;
(g) publishing educational resources and other information about the sustainable coexistence of landholders, regional communities, the resources industry and the renewable energy industry;
(h) any other function given to Coexistence Queensland under this Act or another Act;
(i) partnering with appropriate entities for the purpose of conducting research related to a function mentioned in any of paragraphs (a) to (h) .
(i) emerging issues about those matters; and
(ii) leading practice about those matters;
(a) a government department, or agency, of Queensland or elsewhere; and
(b) an entity that is performing or has performed an independent academic or scientific study.
sec.8
Coexistence Queensland’s powers
sec.8 Coexistence Queensland’s powers
Coexistence Queensland has the powers necessary or convenient to perform its functions.
Coexistence Queensland also has the other powers given to it under this or another Act.
s 8 amd 2024 No. 33 s 183 sch 1 pt 1
(sec.8-ssec.1) Coexistence Queensland has the powers necessary or convenient to perform its functions.
(sec.8-ssec.2) Coexistence Queensland also has the other powers given to it under this or another Act.
pt.2-div.2
Membership
Membership
sec.9
Membership of Coexistence Queensland
sec.9 Membership of Coexistence Queensland
Coexistence Queensland consists of—
a full-time or part-time member, who is the chairperson; and
up to 6 part-time members.
s 9 sub 2017 No. 35 s 20 ; 2024 No. 33 s 17
(a) a full-time or part-time member, who is the chairperson; and
(b) up to 6 part-time members.
sec.9A
Appointment as a member
sec.9A Appointment as a member
Each member is to be appointed by the Governor in Council.
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 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.
The performance of Coexistence Queensland’s function mentioned in section 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.
s 9A ins 2017 No. 35 s 20
amd 2024 No. 33 s 18
(sec.9A-ssec.1) Each member is to be appointed by the Governor in Council.
(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 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.
(sec.9A-ssec.3) The performance of Coexistence Queensland’s function mentioned in section 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.
(a) each person nominated for appointment is eligible under section 10 ; and
(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
(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
(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.
(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
sec.10
Eligibility for appointment as a member
sec.10 Eligibility for appointment as a member
A person is eligible for appointment as a member if the person has qualifications or experience in any of the following—
the resources industry;
the renewable energy industry;
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;
legal practice relevant to activities carried out as part of the resources industry or the renewable energy industry;
negotiations between landholders and the resources industry or the renewable energy industry;
the agricultural industry;
land management;
land valuation;
community development;
the financial and business sector.
s 10 amd 2017 No. 35 s 21
sub 2024 No. 33 s 19
(a) the resources industry;
(b) the renewable energy industry;
(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;
(d) legal practice relevant to activities carried out as part of the resources industry or the renewable energy industry;
(e) negotiations between landholders and the resources industry or the renewable energy industry;
(ea) the agricultural industry;
(f) land management;
(g) land valuation;
(h) community development;
(i) the financial and business sector.
sec.11
Term of appointment
sec.11 Term of appointment
A member is appointed for the term, not longer than 3 years, stated in the member’s instrument of appointment.
A member may be reappointed.
s 11 amd 2024 No. 33 s 183 sch 1 pt 1
(sec.11-ssec.1) A member is appointed for the term, not longer than 3 years, stated in the member’s instrument of appointment.
(sec.11-ssec.2) A member may be reappointed.
sec.12
Conditions of appointment
sec.12 Conditions of appointment
A member is to be paid the remuneration and allowances decided by the Governor in Council.
A member holds office on the terms and conditions, not provided for by this Act, that are decided by the Governor in Council.
The members are appointed under this Act and not the Public Sector Act 2022 .
s 12 amd 2022 No. 34 s 365 sch 3 ; 2024 No. 33 s 183 sch 1 pt 1
(sec.12-ssec.1) A member is to be paid the remuneration and allowances decided by the Governor in Council.
(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.
(sec.12-ssec.3) The members are appointed under this Act and not the Public Sector Act 2022 .
sec.13
Resignation
sec.13 Resignation
A member may resign by signed notice given to the Minister.
s 13 amd 2024 No. 33 s 183 sch 1 pt 1
sec.14
Termination of appointment
sec.14 Termination of appointment
The Governor in Council may at any time remove a member from office for any reason or none.
s 14 amd 2024 No. 33 s 183 sch 1 pt 1
sec.15
Leave of absence
sec.15 Leave of absence
The Minister may approve a leave of absence for a member who requests the leave.
s 15 sub 2017 No. 35 s 22
amd 2024 No. 33 s 183 sch 1 pt 1
sec.16
Acting chairperson or member
sec.16 Acting chairperson or member
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.
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.
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.
In this section—
eligible person means a person who is eligible under section 10 for appointment as a member.
s 16 sub 2017 No. 35 s 22
amd 2024 No. 33 s 183 sch 1 pt 1
(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.
(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.
(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.
(sec.16-ssec.4) In this section— eligible person means a person who is eligible under section 10 for appointment as a member.
(a) during a vacancy in the office of chairperson; or
(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.
(a) is absent from duty or from the State; or
(b) for any other reason, can not perform the duties of the office of chairperson.
(a) during a vacancy in the office of a member; or
(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.
sec.17
Preservation of rights
sec.17 Preservation of rights
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.
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.
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.
s 17 amd 2024 No. 33 s 183 sch 1 pt 1
(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.
(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.
(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.
(a) a person is appointed as a member; and
(b) the person resigns the person’s role as a public service officer in order to accept the appointment.
(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
(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.
pt.2-div.3
Disclosure of interests by members
Disclosure of interests by members
sec.18
Register of interests
sec.18 Register of interests
Coexistence Queensland must keep a register of each member’s pecuniary interests.
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.
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.
The register kept under subsection (1) must be updated at least once during each 12 month period of a member’s term of office.
In this section—
integrity commissioner means the Queensland Integrity Commissioner appointed under the Integrity Act 2009 , section 6 .
s 18 amd 2024 No. 33 s 183 sch 1 pt 1
(sec.18-ssec.1) Coexistence Queensland must keep a register of each member’s pecuniary interests.
(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.
(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.
(sec.18-ssec.4) The register kept under subsection (1) must be updated at least once during each 12 month period of a member’s term of office.
(sec.18-ssec.5) In this section— integrity commissioner means the Queensland Integrity Commissioner appointed under the Integrity Act 2009 , section 6 .
(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
(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.
(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
(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.
sec.19
Disclosure of interests at Coexistence Queensland meetings
sec.19 Disclosure of interests at Coexistence Queensland meetings
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.
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.
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.
However, the member can not participate in any vote on the matter at the meeting.
A disclosure under subsection (2) must be recorded in the meeting’s minutes.
A failure to make a disclosure under subsection (2) does not, of itself, invalidate a decision by Coexistence Queensland.
This section, other than subsection (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.
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.
s 19 amd 2017 No. 35 s 23 ; 2024 No. 33 s 183 sch 1 pt 1
(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.
(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.
(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.
(sec.19-ssec.4) However, the member can not participate in any vote on the matter at the meeting.
(sec.19-ssec.5) A disclosure under subsection (2) must be recorded in the meeting’s minutes.
(sec.19-ssec.6) A failure to make a disclosure under subsection (2) does not, of itself, invalidate a decision by Coexistence Queensland.
(sec.19-ssec.7) This section, other than subsection (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.
(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.
(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
(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.
(i) the proper performance of Coexistence Queensland’s functions for the matter;
(ii) the proper exercise of Coexistence Queensland’s powers for the matter.
(i) the proper performance of Coexistence Queensland’s functions for the matter;
(ii) the proper exercise of Coexistence Queensland’s powers for the matter.
(a) spouse; or
(b) parent or grandparent; or
(c) brother or sister; or
(d) child or grandchild.
pt.2-div.4
Coexistence Queensland meetings
Coexistence Queensland meetings
sec.20
Coexistence Queensland meetings
sec.20 Coexistence Queensland meetings
The chairperson must convene a meeting of members (a Coexistence Queensland meeting ) at least 6 times each year.
s 20 amd 2024 No. 33 s 20
sec.21
Purposes of Coexistence Queensland meetings
sec.21 Purposes of Coexistence Queensland meetings
The purposes of Coexistence Queensland meetings are to—
ensure Coexistence Queensland performs its functions and exercises its powers in an appropriate, effective and efficient way; and
set the strategic priorities of Coexistence Queensland.
s 21 amd 2017 No. 35 s 24 ; 2024 No. 33 s 183 sch 1 pt 1
(a) ensure Coexistence Queensland performs its functions and exercises its powers in an appropriate, effective and efficient way; and
(b) set the strategic priorities of Coexistence Queensland.
sec.22
Conduct of Coexistence Queensland meetings
sec.22 Conduct of Coexistence Queensland meetings
Coexistence Queensland meetings are to be held at the times and places the chairperson decides.
The chairperson must preside at all Coexistence Queensland meetings at which the chairperson is present.
If the chairperson is absent from a Coexistence Queensland meeting, another member chosen by the members present must preside.
A quorum for a Coexistence Queensland meeting is the chairperson and 2 other members.
Subject to this Act, Coexistence Queensland may otherwise conduct Coexistence Queensland meetings in the way it considers appropriate.
s 22 amd 2017 No. 35 s 25 ; 2024 No. 33 s 183 sch 1 pt 1
(sec.22-ssec.1) Coexistence Queensland meetings are to be held at the times and places the chairperson decides.
(sec.22-ssec.2) The chairperson must preside at all Coexistence Queensland meetings at which the chairperson is present.
(sec.22-ssec.3) If the chairperson is absent from a Coexistence Queensland meeting, another member chosen by the members present must preside.
(sec.22-ssec.4) A quorum for a Coexistence Queensland meeting is the chairperson and 2 other members.
(sec.22-ssec.5) Subject to this Act, Coexistence Queensland may otherwise conduct Coexistence Queensland meetings in the way it considers appropriate.
pt.3
Particular powers of Coexistence Queensland
Particular powers of Coexistence Queensland
pt.3-div.1
Powers relating to government entities
Powers relating to government entities
sec.23
Power to require particular information from government entities
sec.23 Power to require particular information from government entities
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.
The notice must state how, and a reasonable period of at least 10 business days by which, the information must be given.
The government entity must comply with a request made of it under subsection (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.
If an exemption under subsection (3) applies to a request made of a government entity under subsection (1) , the entity must inform the chairperson in writing that the exemption applies in relation to the request.
s 23 amd 2024 No. 33 s 21
(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.
(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.
(sec.23-ssec.3) The government entity must comply with a request made of it under subsection (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.
(sec.23-ssec.4) If an exemption under subsection (3) applies to a request made of a government entity under subsection (1) , the entity must inform the chairperson in writing that the exemption applies in relation to the request.
(a) the resources industry or the renewable energy industry; and
(b) a function of Coexistence Queensland.
(a) the information is not in its possession or control; or
(b) complying with the request would place the entity in contravention of a law; or
(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.
sec.24
Power to require advice
sec.24 Power to require advice
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.
The chief executive must, within a reasonable time, comply with a request made of the chief executive under subsection (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.
If an exemption under subsection (2) applies to a request made of a chief executive under subsection (1) , the chief executive must inform the chairperson in writing that the exemption applies in relation to the request.
s 24 amd 2024 No. 33 s 183 sch 1 pt 1
(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.
(sec.24-ssec.2) The chief executive must, within a reasonable time, comply with a request made of the chief executive under subsection (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.
(sec.24-ssec.3) If an exemption under subsection (2) applies to a request made of a chief executive under subsection (1) , the chief executive must inform the chairperson in writing that the exemption applies in relation to the request.
(a) relates to a function of Coexistence Queensland; and
(b) relates to a function of the government entity; and
(c) is something about which the chief executive could reasonably be able to provide advice.
(a) complying with the requirement would place the chief executive or entity in contravention of a law; or
(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.
sec.25
Section sec.25
s 25 om 2024 No. 33 s 22
pt.3-div.2
Powers relating to prescribed entities
Powers relating to prescribed entities
sec.26
Power to require particular information from prescribed entities
sec.26 Power to require particular information from prescribed entities
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.
The notice must state how, and a reasonable period by which, the relevant material, or access to the relevant material, must be given.
An entity given a notice under subsection (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.
If an exemption under subsection (3) applies to a requirement made of a prescribed entity under subsection (1) , the entity must inform the chairperson in writing that the exemption applies in relation to the requirement.
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.
s 26 amd 2024 No. 33 s 24
(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.
(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.
(sec.26-ssec.3) An entity given a notice under subsection (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.
(sec.26-ssec.4) If an exemption under subsection (3) applies to a requirement made of a prescribed entity under subsection (1) , the entity must inform the chairperson in writing that the exemption applies in relation to the requirement.
(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.
(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
(b) access to the relevant material.
(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
(b) complying with the requirement would place the entity in contravention of a law; or
(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
(d) the giving of the relevant material might tend to incriminate the entity; or
(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.
(a) a landholder; or
(b) a resource authority holder; or
(c) a renewable energy entity; or
(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.
pt.3-div.3
Other
Other
sec.27
Publishing information
sec.27 Publishing information
Coexistence Queensland may publish any information relevant to the purpose or a function of Coexistence Queensland.
However, Coexistence Queensland must not publish any confidential information under subsection (1) .
s 27 amd 2024 No. 33 s 183 sch 1 pt 1
(sec.27-ssec.1) Coexistence Queensland may publish any information relevant to the purpose or a function of Coexistence Queensland.
(sec.27-ssec.2) However, Coexistence Queensland must not publish any confidential information under subsection (1) .
sec.28
Advisory bodies
sec.28 Advisory bodies
The chairperson may establish the advisory bodies the chairperson considers appropriate to give the chairperson or Coexistence Queensland—
additional or technical advice about a matter relevant to a function of Coexistence Queensland; or
feedback about advice Coexistence Queensland proposes to give the Minister or government entities.
s 28 amd 2024 No. 33 s 183 sch 1 pt 1
(a) additional or technical advice about a matter relevant to a function of Coexistence Queensland; or
(b) feedback about advice Coexistence Queensland proposes to give the Minister or government entities.
sec.29
Community leaders council
sec.29 Community leaders council
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.
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.
The chief executive officer is to preside at meetings of a community leaders council.
s 29 amd 2017 No. 35 s 26
sub 2024 No. 33 s 25
(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.
(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.
(sec.29-ssec.3) The chief executive officer is to preside at meetings of a community leaders council.
pt.4
Administration
Administration
sec.30
Employment of chief executive officer
sec.30 Employment of chief executive officer
Coexistence Queensland must employ a chief executive officer.
The chief executive officer is employed under this Act and not the Public Sector Act 2022 .
Coexistence Queensland may at any time remove the chief executive officer from office for any reason or none.
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.
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.
Subsection (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.
Section 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.
s 30 sub 2017 No. 35 s 27
amd 2022 No. 34 s 365 sch 3 ; 2024 No. 33 s 183 sch 1 pt 1
(sec.30-ssec.1) Coexistence Queensland must employ a chief executive officer.
(sec.30-ssec.2) The chief executive officer is employed under this Act and not the Public Sector Act 2022 .
(sec.30-ssec.3) Coexistence Queensland may at any time remove the chief executive officer from office for any reason or none.
(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.
(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.
(sec.30-ssec.6) Subsection (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.
(sec.30-ssec.7) Section 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.
(a) a vacancy, or all vacancies, in the office; or
(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.
sec.30A
Responsibilities of chief executive officer
sec.30A Responsibilities of chief executive officer
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 31 , managing the process of employing other staff of Coexistence Queensland; and
managing the other staff of Coexistence Queensland.
See section 32 (2) (c) for when an officer or employee whose services are made available to Coexistence Queensland under section 32 is taken to be a member of the staff of Coexistence Queensland.
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.
s 30A ins 2017 No. 35 s 27
amd 2024 No. 33 s 183 sch 1 pt 1
(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 31 , managing the process of employing other staff of Coexistence Queensland; and managing the other staff of Coexistence Queensland. See section 32 (2) (c) for when an officer or employee whose services are made available to Coexistence Queensland under section 32 is taken to be a member of the staff of Coexistence Queensland.
(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.
(a) implementing the strategic priorities of Coexistence Queensland set at Coexistence Queensland meetings; and
(b) developing plans to address key issues being considered by Coexistence Queensland; and
(c) for section 31 , managing the process of employing other staff of Coexistence Queensland; and
(d) managing the other staff of Coexistence Queensland. Note— See section 32 (2) (c) for when an officer or employee whose services are made available to Coexistence Queensland under section 32 is taken to be a member of the staff of Coexistence Queensland.
sec.31
Other staff of Coexistence Queensland
sec.31 Other staff of Coexistence Queensland
Coexistence Queensland may employ other staff it considers appropriate to perform its functions.
The other staff are to be employed under the Public Sector Act 2022 .
s 31 amd 2017 No. 35 s 28 ; 2022 No. 34 s 365 sch 3 ; 2024 No. 33 s 183 sch 1 pt 1
(sec.31-ssec.1) Coexistence Queensland may employ other staff it considers appropriate to perform its functions.
(sec.31-ssec.2) The other staff are to be employed under the Public Sector Act 2022 .
sec.32
Alternative staffing arrangements
sec.32 Alternative staffing arrangements
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.
An officer or employee whose services are made available under subsection (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.
Nothing in subsection (1) requires a chief executive to enter into an arrangement with Coexistence Queensland for the services of officers or employees.
s 32 amd 2024 No. 33 s 183 sch 1 pt 1
(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.
(sec.32-ssec.2) An officer or employee whose services are made available under subsection (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.
(sec.32-ssec.3) Nothing in subsection (1) requires a chief executive to enter into an arrangement with Coexistence Queensland for the services of officers or employees.
(a) continues to be an officer or employee of the department, local government, entity or corporation; and
(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
(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.
sec.33
Coexistence Queensland not subject to outside direction
sec.33 Coexistence Queensland not subject to outside direction
Members, 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.
s 33 amd 2017 No. 35 s 29 ; 2024 No. 33 s 183 sch 1 pt 1
sec.34
Annual budgets and financial management policies
sec.34 Annual budgets and financial management policies
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.
The Minister must approve, or refuse to approve, the budget and financial management policies by each 30 April.
However, a failure by the Minister to act under subsection (2) does not prevent the Minister approving, or refusing to approve, a budget or financial management policy at a later time.
A budget or financial management policy has no effect until it has been approved by the Minister.
During a financial year Coexistence Queensland may prepare amendments to the budget for that year.
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.
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.
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 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.
s 34 amd 2017 No. 35 s 30 ; 2024 No. 33 s 183 sch 1 pt 1
(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.
(sec.34-ssec.2) The Minister must approve, or refuse to approve, the budget and financial management policies by each 30 April.
(sec.34-ssec.3) However, a failure by the Minister to act under subsection (2) does not prevent the Minister approving, or refusing to approve, a budget or financial management policy at a later time.
(sec.34-ssec.4) A budget or financial management policy has no effect until it has been approved by the Minister.
(sec.34-ssec.5) During a financial year Coexistence Queensland may prepare amendments to the budget for that year.
(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.
(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.
(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 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.
(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
(i) of estimated costs of Coexistence Queensland for the next financial year; and
(ii) consistent with the strategic priorities of Coexistence Queensland; and
(b) the members must approve giving the budget and Coexistence Queensland’s financial management policies to the Minister; and
(c) Coexistence Queensland must give the approved budget and financial management policies to the Minister.
(i) of estimated costs of Coexistence Queensland for the next financial year; and
(ii) consistent with the strategic priorities of Coexistence Queensland; and
(a) for a minor amendment—the chairperson in consultation with the other members; or
(b) otherwise—the Minister on the recommendation of the chairperson in consultation with the other members.
sec.35
Annual report
sec.35 Annual report
Coexistence Queensland must prepare and give to the Minister a written report about the operations of Coexistence Queensland during each financial year.
Before the report is given to the Minister the members must approve the report.
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.
Without limiting subsection (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.
A description may include statistics.
The report must not be prepared in a way that discloses confidential information.
s 35 amd 2024 No. 33 s 183 sch 1 pt 1
(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.
(sec.35-ssec.2) Before the report is given to the Minister the members must approve the report.
(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.
(sec.35-ssec.4) Without limiting subsection (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.
(sec.35-ssec.5) A description may include statistics.
(sec.35-ssec.6) The report must not be prepared in a way that discloses confidential information.
(a) details of the functions performed by Coexistence Queensland during the year; and
(b) financial statements for Coexistence Queensland for the year; and
(c) a description of the prosecutions, if any, undertaken by Coexistence Queensland during the year; and
(d) information about how efficiently and effectively Coexistence Queensland has carried out its operations, including identifying key achievements and financial and non-financial performance.
sec.36
Delegation
sec.36 Delegation
The chairperson may delegate any of the chairperson’s functions to any other member or to the chief executive officer.
Coexistence Queensland may delegate any function of Coexistence Queensland to the chief executive officer or other staff of Coexistence Queensland.
The chief executive officer may delegate any of the chief executive officer’s responsibilities under section 30A to other staff of Coexistence Queensland.
In this section—
functions includes powers.
s 36 amd 2017 No. 35 s 31 ; 2024 No. 33 s 183 sch 1 pt 1
(sec.36-ssec.1) The chairperson may delegate any of the chairperson’s functions to any other member or to the chief executive officer.
(sec.36-ssec.2) Coexistence Queensland may delegate any function of Coexistence Queensland to the chief executive officer or other staff of Coexistence Queensland.
(sec.36-ssec.3) The chief executive officer may delegate any of the chief executive officer’s responsibilities under section 30A to other staff of Coexistence Queensland.
(sec.36-ssec.4) In this section— functions includes powers.
pt.5
General offences and legal proceedings
General offences and legal proceedings
pt.5-div.1
General offences
General offences
sec.37
False or misleading statements
sec.37 False or misleading statements
This section applies to a person who, in compliance with this Act, must provide information to the chairperson.
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.
(sec.37-ssec.1) This section applies to a person who, in compliance with this Act, must provide information to the chairperson.
(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.
sec.38
False or misleading documents
sec.38 False or misleading documents
This section applies to a person who, in compliance with this Act, must provide information to the chairperson.
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.
Subsection (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.
(sec.38-ssec.1) This section applies to a person who, in compliance with this Act, must provide information to the chairperson.
(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.
(sec.38-ssec.3) Subsection (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.
(a) tells the chairperson, to the best of the person’s ability, how it is false or misleading; and
(b) if the person has, or can reasonably obtain, the correct information—gives the correct information.
sec.39
Use of confidential information
sec.39 Use of confidential information
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.
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.
s 39 amd 2017 No. 35 s 32 ; 2024 No. 33 s 183 sch 1 pt 1
(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.
(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.
(a) is, or has been, a member or the chief executive officer or other staff member of Coexistence Queensland; and
(b) obtains confidential information in administering or performing a function under this Act.
(a) in the performance of functions under this Act; or
(b) with the consent of the person to whom the information relates; or
(c) otherwise required or permitted by law.
pt.5-div.2
Evidentiary provisions
Evidentiary provisions
sec.40
Section sec.40
s 40 om 2024 No. 33 s 26
sec.41
Appointments and authority
sec.41 Appointments and authority
In a proceeding, the following must be presumed unless a party to the proceeding, by reasonable notice, requires proof of it—
the appointment under this Act of a member;
the authority of a member or the chief executive officer or other staff of Coexistence Queensland to do anything under this Act.
s 41 amd 2017 No. 35 s 33 ; 2024 No. 33 s 183 sch 1 pt 1
(a) the appointment under this Act of a member;
(b) the authority of a member or the chief executive officer or other staff of Coexistence Queensland to do anything under this Act.
sec.42
Signatures
sec.42 Signatures
A signature purporting to be the signature of a member or the chief executive officer is evidence of the signature it purports to be.
s 42 amd 2017 No. 35 s 34 ; 2024 No. 33 s 183 sch 1 pt 1
sec.43
Other evidentiary aids
sec.43 Other evidentiary aids
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 (a) or (b) ;
on a stated day, a stated requirement was made of a person.
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.
s 43 amd 2024 No. 33 s 183 sch 1 pt 1
(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 (a) or (b) ; on a stated day, a stated requirement was made of a person.
(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.
(a) a stated document is an appointment or notice made or given under this Act;
(b) a stated document is a document given to Coexistence Queensland under this Act;
(c) a stated document is a copy of a document mentioned in paragraph (a) or (b) ;
(d) on a stated day, a stated requirement was made of a person.
sec.44
Protection from liability
sec.44 Protection from liability
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.
If subsection (1) prevents a civil liability attaching to a member or the chief executive officer, the liability attaches instead to the State.
s 44 amd 2014 No. 40 s 85 ; 2017 No. 35 s 35 ; 2024 No. 33 s 183 sch 1 pt 1
(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.
(sec.44-ssec.2) If subsection (1) prevents a civil liability attaching to a member or the chief executive officer, the liability attaches instead to the State.
sec.45
Coexistence Queensland is a statutory body
sec.45 Coexistence Queensland is a statutory body
Coexistence Queensland is a statutory body under—
the Financial Accountability Act 2009 ; and
the Statutory Bodies Financial Arrangements Act 1982 .
The Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way in which Coexistence Queensland’s powers under this Act are affected by that Act.
s 45 amd 2024 No. 33 s 183 sch 1 pt 1
(sec.45-ssec.1) Coexistence Queensland is a statutory body under— the Financial Accountability Act 2009 ; and the Statutory Bodies Financial Arrangements Act 1982 .
(sec.45-ssec.2) The Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way in which Coexistence Queensland’s powers under this Act are affected by that Act.
(a) the Financial Accountability Act 2009 ; and
(b) the Statutory Bodies Financial Arrangements Act 1982 .
pt.6
Miscellaneous
Miscellaneous
sec.46
Regulation-making power
sec.46 Regulation-making power
The Governor in Council may make regulations under this Act.
pt.7
Transitional provisions
Transitional provisions
pt.7-div.1
Transitional provisions for Gasfields Commission and Other Legislation Amendment Act 2017
Transitional provisions for Gasfields Commission and Other Legislation Amendment Act 2017
sec.47
Definitions for division
sec.47 Definitions for division
In this division—
amending Act means the Gasfields Commission and Other Legislation Amendment Act 2017 .
former , in relation to a provision, means the provision as in force at any time before the commencement.
s 47 ins 2017 No. 35 s 37
amd 2024 No. 33 s 29
sec.48
Appointment of initial chief executive officer
sec.48 Appointment of initial chief executive officer
This section applies if, immediately before the commencement, a person was employed as the general manager under former section 30.
On the commencement, the person is taken to be appointed as the chief executive officer under section 30 as in force on the commencement.
s 48 ins 2017 No. 35 s 37
(sec.48-ssec.1) This section applies if, immediately before the commencement, a person was employed as the general manager under former section 30.
(sec.48-ssec.2) On the commencement, the person is taken to be appointed as the chief executive officer under section 30 as in force on the commencement.
sec.49
Initial chief executive officer—how employed and prohibition on particular benefits
sec.49 Initial chief executive officer—how employed and prohibition on particular benefits
The person taken to be appointed as the chief executive officer under section 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 30.
Subsection (1)(b) has no effect on superannuation entitlements or leave entitlements.
No compensation is payable to the person because of the repeal of former section 30.
s 49 ins 2017 No. 35 s 37
(sec.49-ssec.1) The person taken to be appointed as the chief executive officer under section 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 30.
(sec.49-ssec.2) Subsection (1)(b) has no effect on superannuation entitlements or leave entitlements.
(sec.49-ssec.3) No compensation is payable to the person because of the repeal of former section 30.
(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
(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 30.
sec.50
Continuation of particular former provisions about general manager
sec.50 Continuation of particular former provisions about general manager
Former sections 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 30, as if the amending Act had not been enacted.
s 50 ins 2017 No. 35 s 37
pt.7-div.2
Transitional provisions for Mineral and Energy Resources and Other Legislation Amendment Act 2024
Transitional provisions for Mineral and Energy Resources and Other Legislation Amendment Act 2024
sec.51
Change in name of Coexistence Queensland
sec.51 Change in name of Coexistence Queensland
To remove any doubt, it is declared that the amendment of section 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.
A reference in an instrument to the Gasfields Commission may, if the context permits, be taken to be a reference to Coexistence Queensland.
s 51 ins 2024 No. 33 s 30
(sec.51-ssec.1) To remove any doubt, it is declared that the amendment of section 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.
(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.
sec.52
Continuation of particular former functions for 1-year period
sec.52 Continuation of particular former functions for 1-year period
This section applies if Coexistence Queensland has started, but not finished, carrying out a former function before the commencement.
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.
However, Coexistence Queensland must finish carrying out the former function within 1 year after the commencement.
In this section—
former function means a function under section 7(1)(b), (e) or (f) or 25 as in force immediately before the commencement.
s 52 ins 2024 No. 33 s 30
(sec.52-ssec.1) This section applies if Coexistence Queensland has started, but not finished, carrying out a former function before the commencement.
(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.
(sec.52-ssec.3) However, Coexistence Queensland must finish carrying out the former function within 1 year after the commencement.
(sec.52-ssec.4) In this section— former function means a function under section 7(1)(b), (e) or (f) or 25 as in force immediately before the commencement.
sec.53
Continuation of commissioners as members
sec.53 Continuation of commissioners as members
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.
A reference in an instrument to a commissioner may, if the context permits, be taken to be a reference to a member.
s 53 ins 2024 No. 33 s 30
(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.
(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.
sec.54
Minister may remove existing members
sec.54 Minister may remove existing members
The Minister may, within 1 year after the commencement, remove an existing member from office as a member by notice given to the member.
In deciding whether to remove an existing member from office, the Minister must have regard to the matters mentioned in section 9A(2).
If the Minister decides to remove an existing member from office by notice given under subsection (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.
No compensation is payable to a person who is removed from office under this section.
To remove any doubt, it is declared that subsection (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.
In this section—
existing member means a person who continues as a member under section 53.
s 54 ins 2024 No. 33 s 30
(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.
(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 9A(2).
(sec.54-ssec.3) If the Minister decides to remove an existing member from office by notice given under subsection (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.
(sec.54-ssec.4) No compensation is payable to a person who is removed from office under this section.
(sec.54-ssec.5) To remove any doubt, it is declared that subsection (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.
(sec.54-ssec.6) In this section— existing member means a person who continues as a member under section 53.
sec.55
Continuation of gasfields community leaders council as community leaders council
sec.55 Continuation of gasfields community leaders council as community leaders council
The gasfields community leaders council in existence immediately before the commencement continues as a community leaders council under section 29.
s 55 ins 2024 No. 33 s 30
Source text: opening excerpt
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
pt.1 Preliminary
Preliminary
sec.1 Short title
sec.1 Short title
This Act may be cited as the Coexistence Queensland Act 2013 .
s 1 amd 2024 No. 33 s 13
sec.2 Commencement
sec.2 Commencement
This Act commences on 1 July 2013.
sec.3 Purpose
sec.3 Purpose
The 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.
s 3 amd 2024 No. 33 s 14
sec.4 Act binds all persons
sec.4 Act binds all persons
This Act binds all persons, including the State.
sec.5 Definitions
sec.5 Definitions
The dictionary in schedule 1 defines particular words used in this Act.
pt.2 Coexistence Queensland
Coexistence Queensland
pt.2-div.1 Establishment, functions and powers of Coexistence Queensland
Establishment, functions and powers of Coexistence Queensland
sec.6 Establishment of Coexistence Queensland
sec.6 Establishment of Coexistence Queensland
Coexistence Queensland is established.
s 6 amd 2024 No. 33 s 15
sec.7 Coexistence Queensland’s functions
sec.7 Coexistence Queensland’s functions
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 (a) to (h) .
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.
s 7 amd 2014 No. 11 s 114 ; 2017 No. 35 s 19
sub 2024 No. 33 s 16
(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 (a) to (h) .
(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.
Meetings and strategic functions: The chairperson must convene at least six meetings a year and meetings set strategic priorities and ensure effective exercise of functions (ss 20-22).
Financial management and reporting: Annual budgets and financial management policies must be prepared and submitted to the Minister for approval; budgets have no effect until Ministerial approval (s 34). An annual report is required and must be tabled within a timeframe that allows the report to be tabled in the Legislative Assembly within three months after the financial year end (s 35).
Confidentiality and offences: Members, the CEO and staff must not disclose confidential information except in specified circumstances (s 39). Provision is made for false or misleading statements or documents in compliance with the Act with maximum penalties of 100 penalty units (ss 37-38).
Statutory body status and other legal mechanics: Coexistence Queensland is a statutory body under the Financial Accountability Act 2009 and the Statutory Bodies Financial Arrangements Act 1982 (s 45). Delegation, evidentiary presumptions, and protections from civil liability for honest and non-negligent acts are provided (ss 36; 41-44).
Transitional and amendment matters: The Act contains transitional provisions related to amendments in 2017 and 2024, including a name-change clarification and arrangements for continuity of functions, staff and committees (pts 7 divs 1-2, ss 51-55).
The Act declares its binding effect on all persons including the State (s 4). In short, it sets up a ministerially-linked statutory advisory and facilitative body that has information-gathering powers, reporting and budgetary accountability to the Minister, and a small board structure with defined representational appointment requirements.
Main concepts
The Act is organised around several recurring legal and administrative concepts that structure what Coexistence Queensland can and must do.
Purpose and scope: The Act’s stated purpose is narrowly framed around "sustainable coexistence" of specific stakeholders: landholders, regional communities, the resources industry and the renewable energy industry (s 3). Functions are expressed in facilitative, advisory, research and communications terms rather than as regulatory or licensing powers (s 7(1)). The functions include advising another decision-maker, the chief executive under the Regional Planning Interests Act 2014, about coexistence in relation to assessment applications (s 7(1)(c)).
Statutory body architecture: Coexistence Queensland is explicitly made a statutory body for the purposes of financial accountability and statutory financial arrangements (s 45). That imposes governance and financial compliance obligations under other statutes, such as standards under the Financial Accountability Act 2009 (s 34(8) cross-ref).
Appointment, representativeness and eligibility: Members are appointed by Governor in Council on Ministerial recommendation (ss 9; 9A). The Minister must be satisfied of eligibility under s 10 and that the membership includes persons with particular types of knowledge and reflects community diversity (s 9A(2)). Eligibility covers a wide range of sectors and disciplines including the resources and renewable energy industries, branches of relevant sciences, legal practice relevant to industry activities, negotiations between landholders and industry, agricultural industry, land management, land valuation, community development and the financial and business sector (s 10).
Information-gathering powers: The chairperson can request information from government entities (s 23) and require advice from chief executives (s 24). More significantly for private parties, s 26 allows the chairperson to require documents or access from prescribed entities, which are defined to include landholders, resource authority holders, renewable energy entities and certain contracted companies (s 26(5)). Prescribed entities have a statutory obligation to comply unless specific exemptions apply, and non-compliance carries a monetary penalty (s 26(3)).
Confidentiality regime and publication: Coexistence Queensland may publish information relevant to its purpose but must not publish confidential information (s 27). Members and staff are bound by a confidentiality prohibition but exceptions are carved out for disclosures in the performance of functions under the Act, with the consent of the person to whom the information relates, or as otherwise required or permitted by law (s 39(2)).
Governance mechanics: Meetings must be convened at least six times a year (s 20). Quorum rules, chairing arrangements and delegation powers are set out (ss 22; 36). The chairperson has statutory delegation powers and may establish advisory bodies (s 28) and a community leaders council is mandatory (s 29).
Budgetary and reporting controls: Budgets are prepared by Coexistence Queensland but require Ministerial approval to take effect (s 34). Annual reports must be prepared and include functions performed, financial statements, description of prosecutions (if any) and performance information (s 35).
Compliance and offence structure: The Act creates specific offences for false statements and documents in compliance with the Act (ss 37-38) and provides protection from civil liability for members and the CEO for acts done honestly and without negligence (s 44).
Transitional provisions and amendment mechanics: The Act contains transitional provisions tied to prior amendment Acts (Gasfields Commission and Other Legislation Amendment Act 2017 and Mineral and Energy Resources and Other Legislation Amendment Act 2024), including how prior offices and committees are carried forward and how existing personnel may be treated (pts 7 divs 1-2, ss 48-55). The Governor in Council may make regulations (s 46).
These conceptual building blocks show the Act is structured as a facilitative, advisory statutory body with formal information-gathering powers, ministerial oversight over budgets and appointments, and an emphasis on stakeholder representation and publication and research functions.
Who it affects
The Act creates duties and powers that affect a defined set of actors, with gradations of direct legal obligations.
Primary affected parties
Members and staff of Coexistence Queensland: subject to appointment rules, pecuniary interest disclosure obligations (s 18), meeting obligations (ss 20-22), confidentiality rules (s 39), delegation arrangements (s 36) and protection from civil liability for honest, non-negligent acts (s 44).
The chairperson: has specific powers to require information and advice (ss 23-24; 26), to convene and preside at meetings (ss 20; 22), to establish advisory bodies and community leaders councils (ss 28-29), and to delegate (s 36).
Government entities
Government departments and agencies: the chairperson may request information in their possession or control relating to the industries and Coexistence Queensland functions (s 23). Chief executives of government entities can be required to provide advice relating to both Coexistence Queensland and the government entity functions (s 24). Exceptions allow refusal where disclosure would contravene the law or involve third-party confidential information (ss 23(3); 24(2)). A government entity must notify the chairperson in writing where an exemption applies (ss 23(4); 24(3)).
Prescribed entities in the private and non-state sector
Landholders, resource authority holders, renewable energy entities and certain contracted companies are defined as "prescribed entities" (s 26(5)). The chairperson may require documents, information or access to relevant material from them (s 26(1)). They must comply unless one of the statutory exemptions applies, including where compliance would contravene a law, disclose another’s confidential information without consent, might tend to incriminate the entity, or would be to the detriment of the entity’s commercial or other interests (s 26(3)). Non-compliance is a criminal offence with a maximum penalty of 100 penalty units (s 26(3)). If an exemption applies, the entity must inform the chairperson in writing (s 26(4)).
Ministers and the Ministerial office
The Minister is the gatekeeper for appointments and must be satisfied about eligibility and representativeness when recommending members (s 9A(2)). The Minister approves budgets and financial management policies (s 34). The Minister may remove existing members within transitional constraints (s 54). Coexistence Queensland must give its annual report to the Minister (s 35).
Regional Planning Interests Act decision-makers
The Act expressly gives Coexistence Queensland a role in advising the chief executive under the Regional Planning Interests Act 2014 about assessment applications (s 7(1)(c)). That creates an inter-agency advisory relationship where Coexistence Queensland’s advice is a formal feature of planning assessment processes, as expressed.
Other stakeholders
Local governments and community organisations are implicated by the requirement to establish community leaders councils made up of representatives from local government, regional communities, agriculture, resources, and renewable energy sectors (s 29). The Act also contemplates partnering with "appropriate entities" including other government departments or independent academic/scientific bodies for research, education and community engagement (s 7(1)(d),(e),(f),(i)).
Indirect effects
Entities whose information or operations may be the subject of advice, research or publication by Coexistence Queensland are indirectly affected. Coexistence Queensland may publish information relevant to its functions, subject to confidentiality safeguards (s 27). The confidentiality and publication balance affects the privacy and reputational exposure of individuals and organisations that provide material to Coexistence Queensland.
Who pays and who decides
Coexistence Queensland is responsible for preparing budgets and its operations, but budgets and financial policies require Ministerial approval to take effect (s 34). Members are remunerated as determined by Governor in Council (s 12). The Governor in Council appoints members on Ministerial recommendation (ss 9A; 12). The Minister has removal power in certain transitional circumstances (s 54). The chairperson decides meeting times and presides at meetings, and has formal powers to require information and advice (ss 20; 23-24; 26).
In short, the Act creates legal obligations for prescribed private entities to provide material or access, creates administrative obligations on government entities to provide information and advice in specified circumstances, and imposes governance and disclosure rules on members and staff of the body. The Minister and Governor in Council control appointments and budget approval, while the chairperson controls operational information-gathering powers and meetings.
Key duties and rights
The Act imposes duties on Coexistence Queensland, its members, prescribed entities and government entities, and confers certain rights and protections.
Duties of Coexistence Queensland and its officers
Perform functions: Coexistence Queensland must perform the functions set out in s 7, which include facilitating relationships, providing a central contact point, advising government decision-makers on coexistence issues, publishing educational resources, facilitating community engagement and partnering for research (s 7(1)). These are general duties framed as functions rather than strict affirmative obligations to act in specific circumstances.
Meetings and strategic oversight: The chairperson must convene at least six meetings annually (s 20). Meetings are required to ensure functions and powers are exercised appropriately, effectively and efficiently, and to set strategic priorities (s 21).
Budget and reporting obligations: Coexistence Queensland must prepare an annual budget consistent with strategic priorities and submit the approved budget and financial policies to the Minister by prescribed timelines; budgets do not take effect without Ministerial approval (s 34). It must prepare an annual report with specified contents and deliver it to the Minister so it can be tabled in the Legislative Assembly within three months after the financial year end (s 35).
Confidentiality and publication balance: Coexistence Queensland must not publish confidential information (s 27(2)), and members and staff must not disclose confidential information except in limited circumstances (s 39(2)). This imposes a duty to protect information received under the Act.
Duties on members and CEO
Disclosure of pecuniary interests: Coexistence Queensland must maintain a register of members’ pecuniary interests; chairperson and part-time members must provide written summaries at appointment and within 30 days of substantial changes; the register must be updated at least annually (s 18).
Disclosure at meetings: Members with a direct or indirect pecuniary interest in matters before a meeting must disclose the interest as soon as practicable; they may participate further only if a majority of other members consent, and they cannot vote on the matter (s 19).
Day-to-day responsibilities: The CEO is responsible for daily administration, implementing strategic priorities and managing staff (s 30A).
Duties on government entities and chief executives
Information provision: A government entity must comply with a written notice from the chairperson requesting information relating to the industries and Coexistence Queensland functions unless exemptions apply (s 23). The notice must provide a reasonable period of at least 10 business days (s 23(2)).
Advice provision: The chairperson may require a chief executive to provide advice within a reasonable time about matters within both parties’ functions, unless exemptions apply; the chief executive must inform the chairperson in writing if an exemption applies (s 24).
Duties on prescribed entities (private and non-state)
Provide documents, information or access: A prescribed entity must comply with written notices from the chairperson requesting relevant material in its possession or control, or access to such material, unless an exemption applies (s 26(1)-(3)). The notice must state how and by when the material or access must be given.
Penalty for non-compliance: Failure to comply where no exemption applies attracts a maximum penalty of 100 penalty units (s 26(3)).
Notification requirement: If an exemption applies, the entity must inform the chairperson in writing (s 26(4)).
Rights and protections
Protection from civil liability: Members and the chief executive officer do not incur civil liability for acts or omissions done honestly and without negligence under the Act; if that prevents liability attaching to them, the liability attaches to the State (s 44).
Procedural presumptions and evidentiary aids: In proceedings, certain matters such as appointments and authority are to be presumed unless a party requires proof (s 41). Signatures purporting to be those of members or the CEO are evidence of authenticity (s 42). Certificates by the chairperson about documents and requirements are evidence of the matters stated (s 43).
Delegation and administrative rights: The chairperson and Coexistence Queensland can delegate functions to the CEO or staff (s 36). The chairperson may establish advisory bodies and community leaders councils (ss 28-29).
Limits, exemptions and prohibitions
Conflicting interest constraints: Members with pecuniary interests must disclose and are restricted from voting on relevant matters (s 19).
Confidentiality exceptions: Confidential information received by members or staff may only be disclosed in the performance of functions, with the consent of the person the information relates to, or when otherwise required by law (s 39(2)).
Publication prohibition: While Coexistence Queensland may publish information relevant to its purpose, it must not publish confidential information (s 27(2)).
In sum, the Act creates duties of information provision and cooperation towards Coexistence Queensland, sets internal governance and disclosure duties for the board and staff, and provides civil liability protection for good faith performance while restricting publication of confidential material. It also establishes enforcement via a penalty for non-compliant prescribed entities.
Penalties and enforcement
The Act builds a narrow enforcement regime anchored in information-compulsion powers, specific offences tied to compliance under the Act, and administrative controls through Ministerial oversight.
Criminal penalties
Prescribed entities: The most significant statutory criminal sanction is in s 26(3) which prescribes a maximum penalty of 100 penalty units for a prescribed entity that fails to comply with a valid requirement to provide relevant material or access, where no exemption applies. The Act defines the class of prescribed entities in s 26(5) to include landholders, resource authority holders, renewable energy entities, and certain contracted companies.
False statements and documents: Separate offence provisions make it an offence for a person required to provide information under the Act to knowingly give false or misleading statements (s 37) or to provide documents containing false or misleading information (s 38). Each offence carries a maximum penalty of 100 penalty units (ss 37-38). Section 38 contains a defence where the person identifies the inaccuracy and, where reasonably obtainable, supplies the correct information (s 38(3)).
Confidentiality breach by members and staff: Members and staff are prohibited from disclosing confidential information obtained administering the Act except as permitted; an unlawful disclosure attracts a maximum penalty of 50 penalty units (s 39(2)). The Act explicitly includes members and the chief executive officer within the scope of this prohibition (s 39(1)).
Enforcement mechanisms and evidentiary aids
Notices and timelines: Information and advice requests must be in writing and specify how and by when information is required. For government entity information requests the minimum period is 10 business days (s 23(2)); for prescribed entities the notice must state a reasonable period (s 26(2)). Where exemptions are claimed, the entity must inform the chairperson in writing (ss 23(4); 24(3); 26(4)).
Presumptions and certificates: The Act provides evidentiary presumptions for appointments and authority in proceedings (s 41) and admits signature authenticity (s 42). A certificate of the chairperson is evidence of matters such as the existence of an appointment or that a document was given under the Act or that a requirement was made on a certain day (s 43(1)). Those provisions streamline administrative enforcement and judicial proof of the body’s acts.
Prosecutions: Coexistence Queensland must include in its annual report a description of prosecutions, if any, undertaken during the year (s 35(4)(c)). The Act does not itself create a general investigatory regime with coercive search or seizure powers; its enforcement leans on written notices, statutory obligations to comply, and criminal penalties for non-compliance.
Administrative oversight and remedies
Ministerial control of budgets and appointments: The Minister’s approval is required for annual budgets and financial management policies; budgets have no effect until approved (s 34). The Minister is the recommending authority to the Governor in Council for appointments and must be satisfied of eligibility and representativeness when recommending appointments (s 9A). These controls are administrative levers that influence compliance and accountability indirectly.
Civil liability protection and State indemnity: Members and the CEO are insulated from civil liability for acts done honestly and without negligence; where that insulation removes liability, the liability attaches to the State (s 44). This shifts civil exposure away from individuals acting within the Act’s scope, reducing personal enforcement risk.
Disclosure of exemptions: Where an entity refuses to comply on lawful grounds, it must inform the chairperson in writing that an exemption applies (s 26(4); ss 23(4) and 24(3)). That notification creates a paper trail that may be relevant to enforcement decisions.
Limitations and observable gaps
No express power of search or compulsory production beyond requests: The Act authorises written notices requiring documents, information or access, and prescribes penalties for non-compliance, but it does not create express powers for coercive compulsory production via warrants, nor does it specify administrative review or appeal mechanisms related to the chairperson’s notices.
Criminal enforcement requires prosecutorial action: Penalties are expressed as maximums. The Act does not state how prosecutions are commenced or which agency is responsible for prosecuting offences under the Act. The inclusion of "a description of the prosecutions, if any, undertaken" in the annual report implies prosecutions are possible but does not specify the enforcement architecture (s 35(4)(c)).
Discretion and Ministerial influence: The Minister’s role in appointment, budget approval and transitional removal (ss 9A; 34; 54) is an administrative control that can influence the body’s capacity to enforce or act, but the Act does not set out judicial review provisions specific to Coexistence Queensland decisions.
For compliance officers and counsel, the practical enforcement picture is one of statutory notice-and-comply obligations backed by significant monetary penalties for prescribed entities and specific false-statement offences, alongside administrative checks through the Minister and statutory evidentiary conveniences for proceedings.
How it interacts with other laws
The Act expressly cross-references, and is framed to operate alongside, several Queensland statutes and specified external roles, creating a network of interaction rather than stand-alone regulatory authority.
Regional Planning Interests Act 2014
Formal advisory role: The Act authorises Coexistence Queensland to advise the chief executive under the Regional Planning Interests Act 2014 about assessment applications, specifically about the ability of landholders, regional communities and the resources industry to coexist within the area subject to an application (s 7(1)(c)). This embeds Coexistence Queensland into the planning assessment process as an advisory input. The Act also protects the validity of Coexistence Queensland’s advice for the purposes of the Regional Planning Interests Act even if there is a defect in appointment or constitution of the body (s 9A(3)).
Integrity Act 2009
Pecuniary interest reporting: The Act defines "integrity commissioner" by reference to the Queensland Integrity Commissioner appointed under the Integrity Act 2009, s 6, and requires the chairperson to provide pecuniary interest summaries to the Minister and the integrity commissioner (s 18(2)). This creates a reporting interface with the Queensland integrity framework.
Public Sector Act 2022
Employment status of members and CEO: Members and the CEO are appointed or employed under this Act and not under the Public Sector Act 2022 (ss 12(3); 30(2)). Other staff are to be employed under the Public Sector Act 2022 (s 31(2)). This creates a hybrid staffing arrangement where board members and the CEO sit outside the general public sector employment regime but operational staff are within it.
Statutory body and financial standards: Coexistence Queensland is a statutory body under both the Financial Accountability Act 2009 and the Statutory Bodies Financial Arrangements Act 1982 (s 45). The Act expressly cross-references that Coexistence Queensland must comply with financial and performance standards under the Financial Accountability Act (s 34(8)). The Statutory Bodies Financial Arrangements Act 1982, part 2B, affects Coexistence Queensland’s powers (s 45(2)).
Transitional amendments and prior Acts
The Act contains transitional provisions tied to the Gasfields Commission and Other Legislation Amendment Act 2017 and the Mineral and Energy Resources and Other Legislation Amendment Act 2024 (pts 7 divs 1-2). These provisions deal with continuation of prior personnel, the change in name from the Gasfields Commission to Coexistence Queensland, transitional preservation of former functions for up to one year, and continuity of committees (ss 51-55). Those transitional rules define the temporal interaction with earlier statutory configurations.
Evidentiary and procedural law
The Act provides presumptions and evidentiary certificates in proceedings (ss 41-43). Those provisions will interact with standard procedural and evidentiary rules in civil and criminal proceedings, allowing the chairperson’s certificates to be admitted as evidence and appointments to be presumed unless challenged.
Privacy, confidentiality and other statutory obligations
Information requests are limited where compliance would place the entity in contravention of law or relate to another’s confidential information without consent (ss 23(3); 24(2); 26(3)). This sets an interface with other statutes governing confidentiality, privacy or secrecy obligations, though the Act does not expressly identify which laws might trigger the exemptions. Entities claiming exemption must inform the chairperson in writing (ss 23(4); 24(3); 26(4)).
Criminal procedure and prosecution law
The Act creates offences and prescribes penalties but does not specify prosecutorial agencies or procedures for enforcement. Interaction with criminal procedure statutes and prosecutorial discretion will determine how offences under the Act are pursued in practice.
Overall, the Act is designed to be complementary to existing planning, financial accountability and integrity regimes rather than to supplant them. It creates specific points of interface for advice (Regional Planning Interests Act), pecuniary interest oversight (Integrity Act), staffing (Public Sector Act) and financial compliance (Financial Accountability Act and Statutory Bodies Financial Arrangements Act), and leaves detailed enforcement and confidentiality interactions to be resolved within the framework of existing laws.
Amendment history
The text includes amendment information embedded in section notes and a transitional part dealing with later changes. From the Act text provided, the amendment history shows discrete changes in 2014, 2017, 2022 and 2024 that affect functions, appointments, staffing arrangements and the entity’s name.
2014 amendments
Section 7 was amended in 2014, expanding or clarifying Coexistence Queensland’s functions (s 7 amendment note: "amd 2014 No. 11 s 114"). Specific insertions appear in the current s 7(1) list, including partnering for educational resources and facilitating community engagement.
2017 amendments
Multiple amendments in 2017 updated provisions relating to functions (s 7), membership and appointment mechanics (ss 9; 9A; 11), meeting conduct, CEO employment and delegation (ss 30; 36), disclosure and meetings (ss 18-22), and offences (s 39), among others. The Act includes a transitional division 1 in part 7 that implements changes resulting from the Gasfields Commission and Other Legislation Amendment Act 2017. Transitional provisions specifically provide for initial CEO appointment conversions (ss 48-50) and continuation of former provisions about the former general manager (ss 48-50).
2022 amendments
The Public Sector Act 2022 interacts here: amendments in 2022 updated references and employment arrangements for staff, specifically noting that members and the CEO are appointed under this Act and not under the Public Sector Act 2022, and that other staff are to be employed under the Public Sector Act 2022 (ss 12; 30; 31). The amendment notes reference "amd 2022 No. 34 s 365 sch 3".
2024 amendments
Significant amendments in 2024 are reflected in many section notes (e.g., s 6 "amd 2024 No. 33 s 15", s 7 "sub 2024 No. 33 s 16", s 8 "amd 2024 No. 33 s 183 sch 1 pt 1"). The 2024 amendments include a name change clarification: s 51 expressly declares that the amendment of s 6 by the Mineral and Energy Resources and Other Legislation Amendment Act 2024 only changes the entity’s name and does not establish a new entity; further, references in instruments to the Gasfields Commission may be read as references to Coexistence Queensland where context permits (s 51). The 2024 amendments also add or revise transitional provisions about continuation of functions for a one-year period (s 52), continuation of commissioners as members (s 53), ministerial removal powers for existing members (s 54), and continuation of existing community leaders councils (s 55).
Transitional mechanics
The Act contains transitional provisions that ensure continuity for incumbents when prior structural changes were made. For example, a person employed as general manager under former s 30 was taken to be appointed chief executive officer on commencement of the 2017 changes (ss 48-49). Former provisions about the general manager continued to apply to persons previously employed as general manager for certain matters (s 50).
Form and scope of amendments
The amendment notes appended to many sections indicate incremental legislative updating over time. The Act’s current form contains integration points for financial accountability, public sector employment, integrity reporting and the 2024 rebranding, each reflected in the text and the transitional parts.
From the Act alone, the amendment history shows legislative layering: the body’s remit and internal mechanics have been adjusted over time, with particular attention to employment status, representativeness of board appointments, and the relationship to planning and resource management regimes. The 2024 changes are explicitly designed to effect a name change and to preserve continuity rather than reconstitute the entity.
Litigation history
The Act as provided contains no case law, references to judicial decisions, or express litigation history. The text itself states only procedural and evidentiary provisions that would be relevant in litigation, for example:
Presumptions and evidentiary support: Appointments and authority under the Act are to be presumed in proceeding unless a party requires proof (s 41). Signatures purporting to be of members or the CEO are admissible as evidence (s 42). Certificates by the chairperson are evidence of matters such as the making of appointments, the giving of documents, or the making of requirements on a stated day (s 43). Those provisions are designed to make administrative proof more straightforward in litigation or prosecutions.
Protection from civil liability: Members and the CEO are protected from civil liability for acts done honestly and without negligence; liability attaches to the State if it would otherwise attach to the individual (s 44). That provision alters the civil litigation landscape by directing potential civil claims against the State rather than individual officers for acts within the Act’s scope.
Offence provisions: The Act creates offences (ss 26, 37-39) which could be the subject of criminal prosecutions. The annual report requirement to describe prosecutions, if any, suggests that prosecutions are anticipated though no specific litigation record is provided in the Act text (s 35(4)(c)).
Absence of reported litigation in the text
The Act does not supply any judicial interpretation, nor does it mention specific cases or legal challenges. The only litigation-related content is procedural: evidentiary rules and protections that would be activated in litigation.
Implication for practitioners
In the absence of reported decisions within the Act, lawyers and compliance officers must rely on the statutory language and its ordinary meaning, as well as general administrative law principles, should disputes arise. The Act’s evidentiary provisions will influence the burden of proof and admissibility in litigation involving appointments, notices and compliance with statutory requirements.
If litigation arises about the exercise of information-gathering powers, confidentiality, or non-compliance penalties, courts will need to interpret the scope of the chairperson’s notices, the exemptions in s 26(3), and the interplay with other statutory confidentiality or privilege regimes. The Act itself does not establish a specialised tribunal or an internal merits review process for disputes about notices, nor does it specify prosecutorial responsibility. Practitioners should note the evidentiary aids and civil protection provisions when advising clients or preparing for disputes under the Act.
Gotchas
This Act contains several practical features that can produce unanticipated compliance or operational consequences for entities and advisers. Below are notable points to watch,each grounded in the Act’s text.
Information notices and the scope of "relevant material"
The chairperson may require a prescribed entity to provide "stated documents or information" or access to "relevant material" reasonably required for Coexistence Queensland’s functions (s 26(1)). The Act does not define "relevant material" beyond that functional test. Advisers should note the potential breadth of what may be requested, constrained only by the statutory exemptions in s 26(3). There is no express administrative review procedure or internal merits appeal set out for a person who disputes the validity or scope of a notice.
Criminal penalties for non-compliance with information notices
A prescribed entity faces a maximum penalty of 100 penalty units for non-compliance with a notice under s 26(1) unless an exemption applies (s 26(3)). That is a significant monetary exposure for information refusals. Entities should ensure that any refusal relies on one of the enumerated exemptions and that a written notification of the exemption is sent to the chairperson as required (s 26(4)).
Exemption grounds include incrimination and commercial detriment
Exemptions include where provision might tend to incriminate the entity or where the relevant material is confidential or the giving of it might be to the detriment of the entity’s commercial or other interests (s 26(3)(d)-(e)). Those exemptions are fact-sensitive. Relying on commercial detriment as an exemption may invite scrutiny and may require careful contemporaneous justification.
Confidential third-party information and consent requirement
For both government entities and prescribed entities the Act permits refusal where the request would disclose someone else’s confidential information and that other person has refused to consent despite reasonable efforts to obtain consent (ss 23(3)(c); 24(2)(b); 26(3)(c)). The "reasonable efforts" standard is not prescribed, so agencies and private parties should document steps taken to obtain consent.
Ministerial approval for budgets and appointment controls
Annual budgets and financial management policies have no effect until the Minister approves them (s 34(4)). This creates the operational risk that an unapproved budget leaves Coexistence Queensland without an implemented financial plan. Similarly, appointments require Ministerial satisfaction to be recommended to the Governor in Council (ss 9A(1)-(2)). Holders should plan for potential delays and for the Minister’s representativeness requirements.
Confidentiality vs publication tension
Coexistence Queensland may publish information relevant to its purpose but must not publish confidential information (s 27). The Act permits publishing educational resources and research outputs (s 7(1)(g),(i)), while s 39 restricts disclosure of confidential information by members and staff. Determining when information is confidential and when publication is permissible is therefore a recurring practical tension.
Pecuniary interests and meeting participation
Members with a direct or indirect pecuniary interest must disclose it and cannot vote on the matter (s 19). They may further participate only if a majority of other members vote in favour. A failure to disclose does not itself invalidate a decision (s 19(6)). That means procedural risk is not necessarily fatal to a decision but still requires careful minutes and disclosure practice.
Presumptions and limited avenues to contest authority
The Act presumes appointments and authority in proceedings unless a party, by reasonable notice, requires proof (s 41). This places a burden on potential challengers to act promptly to require proof; otherwise, administrative acts will be presumed valid.
Continuity and name change pitfalls
The 2024 amendment clarified that the change of name does not establish a new entity and that references to the former Gasfields Commission may be read as references to Coexistence Queensland where context permits (s 51). Instruments and contracts that pre-date the name change may need reconciliation to ensure continuity and avoid drafting errors in ancillary documents.
Protections for officers limit direct civil claims
Members and the CEO are protected from civil liability for acts done honestly and without negligence; liability instead attaches to the State (s 44). For potential plaintiffs, this changes practical recovery prospects. For advisers, it changes who will be the respondent to a civil claim arising from the body’s actions.
No explicit appeal route for notices
The Act does not specify an internal merits review or an external appeal process for the chairperson’s information or access notices. Entities that receive a notice should consider the need to seek judicial review on procedural or legality grounds if they contest the notice, noting the evidentiary presumptions.
Record-keeping responsibilities are embedded but operationally open
The register of interests must be updated at least once during each 12-month period of a member’s term (s 18(4)). The chairperson and part-time members have specific written-summary obligations at appointment and upon substantial change (s 18(2)-(3)). Entities should adopt disciplined record-keeping to meet those time-limited obligations.
In short, the "gotchas" are chiefly about the potentially broad scope of information-demand powers against private and public entities, the substantial penalties for non-compliance, the absence of prescriptive procedural protections around notices, and the operational impacts of Ministerial approval requirements for budgets and appointments.
How to comply
This section sets out practical, source-grounded compliance steps for Coexistence Queensland, prescribed entities, government entities, members and advisers. All recommendations are grounded in the Act’s specified duties and timelines.
For Coexistence Queensland and its chairperson
Draft clear, documented notice templates: Notices under ss 23-24 and 26 must be written and state how and by when information or access is required, with at least 10 business days for government entity requests (s 23(2)) and a "reasonable period" for others (ss 24(1); 26(2)). Use templates that set the requirements, the statutory basis and the exemption process. Record the date of service and method.
Create a confidentiality protocol: Establish procedures to distinguish confidential information from publishable material, consistent with ss 27 and 39. Record consent where third-party confidential information is to be used or published.
Maintain an interests register and disclosure processes: Operate the register required by s 18, ensure the chairperson provides required summaries to the Minister and integrity commissioner at appointment and within 30 days of substantial changes, and update the register at least annually (s 18). Adopt minute templates that record disclosures at meetings as required by s 19(5).
Budget and reporting calendar: Prepare budgets consistent with strategic priorities and finalise drafts before 31 March each year to allow for Ministerial approval by 30 April (s 34(1)-(2)). Build in time for approval delays and only implement budgets once approved (s 34(4)). Prepare annual reports promptly so they can be tabled within three months after year end (s 35(3)).
Record exemption communications: If an entity claims an exemption to a notice, ensure the exemption is documented in writing per ss 23(4), 24(3) and 26(4).
For prescribed entities (landholders, resource authority holders, renewable energy entities, contractors)
Treat a written notice from the chairperson as urgent statutory correspondence: Verify scope, timeframes and the identity of the sender. For government entities, expect a minimum 10 business days; for prescribed entities, check the reasonable time stated (ss 23(2); 26(2)).
Assess exemption grounds carefully and document "reasonable efforts": The Act allows refusals where compliance would contravene a law, relate to another’s confidential information without consent despite reasonable efforts, would tend to incriminate, or cause commercial detriment (s 26(3)). If refusing on those grounds, promptly inform the chairperson in writing as required (s 26(4)). Keep contemporaneous records of attempts to obtain consent where third-party confidentiality is an issue.
Avoid unnecessary false statements: Under ss 37-38, knowingly providing false or misleading statements or documents is an offence with a 100 penalty unit maximum. If a document contains inaccuracies, promptly inform the chairperson and, if possible, provide corrected information to rely on s 38(3) as a defence.
Seek legal advice early if prosecution risk arises: Given the penalty and absence of an express internal review mechanism, consider early legal advice and, if necessary, pre-emptive disclosure or negotiation with Coexistence Queensland to avoid enforcement action.
For government entities and chief executives
Respond to requests within statutory timelines and document exemptions: For information requests under s 23 and advice requests under s 24, comply unless an exemption applies. If relying on an exemption, inform the chairperson in writing and document the legal basis and assessments leading to the decision (ss 23(3)-(4); 24(2)-(3)).
Coordinate with internal legal and privacy officers: Where requests may intersect with privacy, public interest disclosure, or secrecy laws, obtain legal clearance and document the analysis that justifies any refusal.
For members and staff of Coexistence Queensland
Disclose pecuniary interests promptly: Provide required written summaries at appointment and within 30 days of substantial change, and ensure entries into the register are timely and accurate (s 18(2)-(4)). Disclose at meetings as soon as practicable when an interest arises and ensure minutes record the disclosure (s 19(2), (5)).
Observe meeting participation rules: If a pecuniary interest arises, do not vote on the matter and seek the majority approval of other members to further participate if required (s 19(3)-(4)). Keep minutes that demonstrate compliance.
Treat confidential information carefully: Restrict disclosure to permitted circumstances and obtain consent before disclosure where practicable (s 39(2)). Implement a secure information-handling regime aligned to the Act's prohibition on publishing confidential material (s 27(2)).
For the Minister and Ministerial office
Apply representativeness checks at appointment stage: When recommending appointments to the Governor in Council, ensure nominees meet s 10 eligibility criteria and the representativeness requirements in s 9A(2). Maintain records showing how candidates meet those criteria.
Time budget approvals: Build in lead times to approve budgets before the start of the financial year, or be prepared to act later while noting that budgets have no effect until approval (s 34(2)-(4)).
Record retention and audit
Keep contemporaneous records of all written notices, responses, internal assessments of exemptions and proof of service. These records will be crucial if enforcement, prosecution or judicial review occurs given the evidentiary presumptions in ss 41-43.
Operational risk management
Conduct an early legal audit of information flows and potential overlaps with other confidentiality or statutory obligations. Map operations against the Financial Accountability Act obligations noted in s 34(8) and the statutory body duties in s 45.
In practice, compliance under the Act reduces to disciplined documentation, prompt responses to written notices, careful handling and classification of confidential material, and proactive engagement with Coexistence Queensland where requests implicate third-party confidentiality, privilege, incrimination risk or commercial detriment. Where disputes about notices arise, the absence of an internal merits appeal suggests early legal advice and, where necessary, litigation preparedness.
(a) facilitating better relationships between landholders, regional communities, the resources industry and the renewable energy industry;
(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;
(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;
(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;
(i) emerging issues about those matters; and
(ii) leading practice about those matters;
(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;
(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;
(g) publishing educational resources and other information about the sustainable coexistence of landholders, regional communities, the resources industry and the renewable energy industry;
(h) any other function given to Coexistence Queensland under this Act or another Act;
(i) partnering with appropriate entities for the purpose of conducting research related to a function mentioned in any of paragraphs (a) to (h) .
(i) emerging issues about those matters; and
(ii) leading practice about those matters;
(a) a government department, or agency, of Queensland or elsewhere; and
(b) an entity that is performing or has performed an independent academic or scientific study.
sec.8 Coexistence Queensland’s powers
sec.8 Coexistence Queensland’s powers
Coexistence Queensland has the powers necessary or convenient to perform its functions.
Coexistence Queensland also has the other powers given to it under this or another Act.
s 8 amd 2024 No. 33 s 183 sch 1 pt 1
(sec.8-ssec.1) Coexistence Queensland has the powers necessary or convenient to perform its functions.
(sec.8-ssec.2) Coexistence Queensland also has the other powers given to it under this or another Act.
pt.2-div.2 Membership
Membership
sec.9 Membership of Coexistence Queensland
sec.9 Membership of Coexistence Queensland
Coexistence Queensland consists of—
a full-time or part-time member, who is the chairperson; and
up to 6 part-time members.
s 9 sub 2017 No. 35 s 20 ; 2024 No. 33 s 17
(a) a full-time or part-time member, who is the chairperson; and
(b) up to 6 part-time members.
sec.9A Appointment as a member
sec.9A Appointment as a member
Each member is to be appointed by the Governor in Council.
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 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.
The performance of Coexistence Queensland’s function mentioned in section 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.
s 9A ins 2017 No. 35 s 20
amd 2024 No. 33 s 18
(sec.9A-ssec.1) Each member is to be appointed by the Governor in Council.
(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 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.
(sec.9A-ssec.3) The performance of Coexistence Queensland’s function mentioned in section 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.
(a) each person nominated for appointment is eligible under section 10 ; and
(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
(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
(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.
(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
sec.10 Eligibility for appointment as a member
sec.10 Eligibility for appointment as a member
A person is eligible for appointment as a member if the person has qualifications or experience in any of the following—
the resources industry;
the renewable energy industry;
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;
legal practice relevant to activities carried out as part of the resources industry or the renewable energy industry;
negotiations between landholders and the resources industry or the renewable energy industry;
the agricultural industry;
land management;
land valuation;
community development;
the financial and business sector.
s 10 amd 2017 No. 35 s 21
sub 2024 No. 33 s 19
(a) the resources industry;
(b) the renewable energy industry;
(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;
(d) legal practice relevant to activities carried out as part of the resources industry or the renewable energy industry;
(e) negotiations between landholders and the resources industry or the renewable energy industry;
(ea) the agricultural industry;
(f) land management;
(g) land valuation;
(h) community development;
(i) the financial and business sector.
sec.11 Term of appointment
sec.11 Term of appointment
A member is appointed for the term, not longer than 3 years, stated in the member’s instrument of appointment.
A member may be reappointed.
s 11 amd 2024 No. 33 s 183 sch 1 pt 1
(sec.11-ssec.1) A member is appointed for the term, not longer than 3 years, stated in the member’s instrument of appointment.
(sec.11-ssec.2) A member may be reappointed.
sec.12 Conditions of appointment
sec.12 Conditions of appointment
A member is to be paid the remuneration and allowances decided by the Governor in Council.
A member holds office on the terms and conditions, not provided for by this Act, that are decided by the Governor in Council.
The members are appointed under this Act and not the Public Sector Act 2022 .
s 12 amd 2022 No. 34 s 365 sch 3 ; 2024 No. 33 s 183 sch 1 pt 1
(sec.12-ssec.1) A member is to be paid the remuneration and allowances decided by the Governor in Council.
(sec.12-ssec.2) A member holds office on the terms and conditions, not provided for by this Act, that ar
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