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Queensland act
This Act creates a Queensland scheme requiring mining and energy companies with environmental authorities to lodge money or financial guarantees to cover land rehabilitation and abandoned‑site costs. A scheme manager assigns risk categories that determine each company’s required contribution; the government can use the fund or call guarantees if operators default. It shifts cleanup risk to industry, raises compliance costs, and gives the scheme manager broad discretion, increasing uncertainty for businesses.
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Direct links to the current provisions in Mineral and Energy Resources (Financial Provisioning) Act 2018.
This Act may be cited as the Mineral and Energy Resources (Financial Provisioning) Act 2018 .
This Act commences on a day to be fixed by proclamation.
The main purposes of this Act are— to provide for holders of authorities to pay a contribution to the scheme fund, or give a surety, for the authorities; and to provide a way to manage the risk to the State of incurring costs and expenses if the holder of an authority or small scale mining tenure does not comply with the holder’s obligations under the authority or tenure; and to provide a source of funds to the State for costs and expenses relating to preventing or minimising environmental harm, or rehabilitating or restoring the environment, or securing compliance with an authority or small scale mining tenure; and to provide a source of funds to the State for— remediation activities in relation to mining activities previously carried out on an abandoned mine site; and remediation activities in relation to an abandoned operating plant; and research that may contribute to the rehabilitation of land on which resource activities have been carried out; and to administer payments received by the State under the Environmental Protection Act 1994 for residual risks of land on which resource activities have been carried out. s 3 amd 2019 No. 17 s 213 ; 2020 No. 26 s 103 ; 2020 No. 14 s 218 sch 1
The main purposes are to be achieved by— establishing a financial provisioning scheme to deal with the environmental impacts of resource activities (the scheme ), including, for example— a scheme fund; and a cash surety account; and establishing a residual risks fund; and providing for the appointment of a person to manage the scheme and administer the residual risks fund; and providing for the person mentioned in paragraph (c) — for managing the scheme—to make payments from the scheme fund and the cash surety account, enter into surety arrangements, and call on and release sureties; and for administering the residual risks fund—to make payments from the residual risks fund. s 4 amd 2020 No. 26 s 104
This Act does not exclude, limit or otherwise affect the operation of the Environmental Protection Act 1994 unless this Act otherwise expressly provides. Without limiting subsection (1) , this Act does not exclude, limit or otherwise affect the duties, obligations, requirements or restrictions imposed, under the Environmental Protection Act 1994 , on the holder of an authority or small scale mining tenure. (sec.5-ssec.1) This Act does not exclude, limit or otherwise affect the operation of the Environmental Protection Act 1994 unless this Act otherwise expressly provides. (sec.5-ssec.2) Without limiting subsection (1) , this Act does not exclude, limit or otherwise affect the duties, obligations, requirements or restrictions imposed, under the Environmental Protection Act 1994 , on the holder of an authority or small scale mining tenure.
This Act does not affect or limit a civil right or remedy that exists apart from this Act, whether at common law or otherwise. Without limiting subsection (1) , compliance with this Act does not necessarily show that a civil obligation that exists apart from this Act has been satisfied or has not been breached. In addition, a breach of an obligation under this Act does not of itself give rise to an action for breach of statutory duty or another civil right or remedy. To remove any doubt, it is declared that nothing in this Act creates an obligation on the State to take action, or incur costs and expenses, to— prevent or minimise environmental harm or rehabilitate or restore the environment, in relation to the carrying out of an activity under an authority or small scale mining tenure; or secure compliance with an authority or small scale mining tenure. (sec.6-ssec.1) This Act does not affect or limit a civil right or remedy that exists apart from this Act, whether at common law or otherwise. (sec.6-ssec.2) Without limiting subsection (1) , compliance with this Act does not necessarily show that a civil obligation that exists apart from this Act has been satisfied or has not been breached. (sec.6-ssec.3) In addition, a breach of an obligation under this Act does not of itself give rise to an action for breach of statutory duty or another civil right or remedy. (sec.6-ssec.4) To remove any doubt, it is declared that nothing in this Act creates an obligation on the State to take action, or incur costs and expenses, to— prevent or minimise environmental harm or rehabilitate or restore the environment, in relation to the carrying out of an activity under an authority or small scale mining tenure; or secure compliance with an authority or small scale mining tenure.
The dictionary in schedule 1 defines particular words used in this Act.
The estimated rehabilitation cost , for an environmental authority for a resource activity (an authority ), is the amount of the estimated cost of the following, for an ERC period, as decided under the Environmental Protection Act 1994 , section 300 by the administering authority— rehabilitating the land on which the resource activity is carried out; preventing or minimising environmental harm, or rehabilitating or restoring the environment, in relation to the resource activity.
The total estimated rehabilitation cost , for an entity, is the sum of the estimated rehabilitation cost for each authority for which— a contribution to the scheme fund is payable; and the entity is the holder or, if there is more than 1 holder of the authority, the relevant holder.
The total estimated rehabilitation cost , for the State, is the sum of the estimated rehabilitation cost for each authority granted by the State.
The fund threshold applying to an authority is— the amount prescribed for the authority by regulation for this paragraph; or if no amount is prescribed under paragraph (a) for the authority—the amount under subsection (2) for the authority. The amount for subsection (1) (b) is— if the holder of the authority has a prescribed rating—$600m; or if the scheme manager considers the financial soundness of a parent corporation of the holder when making an allocation decision for the authority and the parent corporation has a prescribed rating—$600m; or for an authority for which there is more than 1 holder— if the scheme manager considers the financial soundness of any or all of the holders of the authority when making an allocation decision for the authority and at least 1 of the holders considered has a prescribed rating—$600m; or if the scheme manager considers the financial soundness of a parent corporation of any or all of the holders of the authority when making an allocation decision for the authority and at least 1 of the parent corporations considered has a prescribed rating—$600m; or in any other case—$450m. Before recommending to the Governor in Council that an amount be prescribed under subsection (1) (a) , the Minister must have regard to— the percentage of the State’s total estimated rehabilitation cost that the amount represents; and the number of holders of authorities affected by the amount; and the effect of the matters mentioned in paragraphs (a) and (b) on the financial viability of the scheme fund; and if the actuarial sustainability of the scheme has been investigated under section 73 —the actuary’s opinion, and the scheme manager’s recommendation, about whether the fund threshold applying to all or some of the authorities should be changed. In this section— prescribed rating , in relation to the holder of an authority, means a credit rating prescribed by regulation. s 11 amd 2024 No. 33 s 93 (sec.11-ssec.1) The fund threshold applying to an authority is— the amount prescribed for the authority by regulation for this paragraph; or if no amount is prescribed under paragraph (a) for the authority—the amount under subsection (2) for the authority. (sec.11-ssec.2) The amount for subsection (1) (b) is— if the holder of the authority has a prescribed rating—$600m; or if the scheme manager considers the financial soundness of a parent corporation of the holder when making an allocation decision for the authority and the parent corporation has a prescribed rating—$600m; or for an authority for which there is more than 1 holder— if the scheme manager considers the financial soundness of any or all of the holders of the authority when making an allocation decision for the authority and at least 1 of the holders considered has a prescribed rating—$600m; or if the scheme manager considers the financial soundness of a parent corporation of any or all of the holders of the authority when making an allocation decision for the authority and at least 1 of the parent corporations considered has a prescribed rating—$600m; or in any other case—$450m. (sec.11-ssec.3) Before recommending to the Governor in Council that an amount be prescribed under subsection (1) (a) , the Minister must have regard to— the percentage of the State’s total estimated rehabilitation cost that the amount represents; and the number of holders of authorities affected by the amount; and the effect of the matters mentioned in paragraphs (a) and (b) on the financial viability of the scheme fund; and if the actuarial sustainability of the scheme has been investigated under section 73 —the actuary’s opinion, and the scheme manager’s recommendation, about whether the fund threshold applying to all or some of the authorities should be changed. (sec.11-ssec.4) In this section— prescribed rating , in relation to the holder of an authority, means a credit rating prescribed by regulation.
There is to be a scheme manager. The scheme manager is to be appointed by the Governor in Council. The scheme manager is appointed under this Act and not the Public Sector Act 2022 . The scheme manager may be appointed on a full-time or part-time basis. s 12 amd 2022 No. 34 s 365 sch 3 (sec.12-ssec.1) There is to be a scheme manager. (sec.12-ssec.2) The scheme manager is to be appointed by the Governor in Council. (sec.12-ssec.3) The scheme manager is appointed under this Act and not the Public Sector Act 2022 . (sec.12-ssec.4) The scheme manager may be appointed on a full-time or part-time basis.
The scheme manager holds office for the term stated in the scheme manager’s instrument of appointment. The stated term must not be more than 5 years. The scheme manager may be reappointed. (sec.13-ssec.1) The scheme manager holds office for the term stated in the scheme manager’s instrument of appointment. (sec.13-ssec.2) The stated term must not be more than 5 years. (sec.13-ssec.3) The scheme manager may be reappointed.
The scheme manager is to be paid the remuneration and other allowances decided by the Governor in Council. The remuneration must not be reduced during the scheme manager’s term of office without the scheme manager’s written consent. The scheme manager holds office on the terms and conditions, not provided for by this Act, that are decided by the Governor in Council. (sec.14-ssec.1) The scheme manager is to be paid the remuneration and other allowances decided by the Governor in Council. (sec.14-ssec.2) The remuneration must not be reduced during the scheme manager’s term of office without the scheme manager’s written consent. (sec.14-ssec.3) The scheme manager holds office on the terms and conditions, not provided for by this Act, that are decided by the Governor in Council.
The scheme manager may, at any time, resign office as scheme manager by signed notice given to the Minister.
The Minister may appoint a person to act as scheme manager— during a vacancy in the office; or during any period, or during all periods, when the scheme manager is absent from duty or from the State or is, for another reason, unable to perform the duties of the office. However, the person can not be appointed for more than 6 months in any 12 month period. The acting scheme manager is appointed under this Act and not the Public Sector Act 2022 . It does not matter whether the appointee is or is not a public service officer. s 16 amd 2022 No. 34 s 365 sch 3 (sec.16-ssec.1) The Minister may appoint a person to act as scheme manager— during a vacancy in the office; or during any period, or during all periods, when the scheme manager is absent from duty or from the State or is, for another reason, unable to perform the duties of the office. (sec.16-ssec.2) However, the person can not be appointed for more than 6 months in any 12 month period. (sec.16-ssec.3) The acting scheme manager is appointed under this Act and not the Public Sector Act 2022 . (sec.16-ssec.4) It does not matter whether the appointee is or is not a public service officer.
This section applies if a public service officer is appointed as the scheme manager. The person keeps all rights accrued or accruing to the person as a public service officer as if service as the scheme manager were a continuation of service as a public service officer. Without limiting subsection (2) , the person’s appointment does not— prejudice the person’s existing or accruing rights to superannuation or recreation, sick, long service or other leave; or interrupt continuity of service, except that the employee is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service; or entitle the person to a payment or other benefit because the person is no longer a public service officer. (sec.17-ssec.1) This section applies if a public service officer is appointed as the scheme manager. (sec.17-ssec.2) The person keeps all rights accrued or accruing to the person as a public service officer as if service as the scheme manager were a continuation of service as a public service officer. (sec.17-ssec.3) Without limiting subsection (2) , the person’s appointment does not— prejudice the person’s existing or accruing rights to superannuation or recreation, sick, long service or other leave; or interrupt continuity of service, except that the employee is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service; or entitle the person to a payment or other benefit because the person is no longer a public service officer.
The scheme manager represents the State. Without limiting subsection (1) , the scheme manager has the status, privileges and immunities of the State. (sec.18-ssec.1) The scheme manager represents the State. (sec.18-ssec.2) Without limiting subsection (1) , the scheme manager has the status, privileges and immunities of the State.
The scheme manager is a part of the department for the purposes of the Financial Accountability Act 2009 . Despite the Financial Accountability Act 2009 , section 76 , the accountable officer for the department under that Act may delegate the officer’s functions under that Act to the scheme manager. (sec.19-ssec.1) The scheme manager is a part of the department for the purposes of the Financial Accountability Act 2009 . (sec.19-ssec.2) Despite the Financial Accountability Act 2009 , section 76 , the accountable officer for the department under that Act may delegate the officer’s functions under that Act to the scheme manager.
The scheme manager is not a statutory body for the Statutory Bodies Financial Arrangements Act 1982 or the Financial Accountability Act 2009 .
The scheme manager has the following functions— allocating authorities to a risk category; reviewing the risk category to which authorities have been allocated; managing the scheme; administering the residual risks fund; setting investment objectives for the scheme fund or part of the scheme fund, and for the residual risks fund or part of the residual risks fund, and establishing investment strategies and policies to achieve the objectives. In performing the function under subsection (1) (e) , the scheme manager must ask for advice from— the Long Term Asset Advisory Board; or if the Treasurer nominates another entity for this paragraph—the nominated entity. In this section— Long Term Asset Advisory Board means the Long Term Asset Advisory Board established under the Queensland Treasury Corporation Act 1988 , section 10 . s 21 amd 2020 No. 26 s 106 (sec.21-ssec.1) The scheme manager has the following functions— allocating authorities to a risk category; reviewing the risk category to which authorities have been allocated; managing the scheme; administering the residual risks fund; setting investment objectives for the scheme fund or part of the scheme fund, and for the residual risks fund or part of the residual risks fund, and establishing investment strategies and policies to achieve the objectives. (sec.21-ssec.2) In performing the function under subsection (1) (e) , the scheme manager must ask for advice from— the Long Term Asset Advisory Board; or if the Treasurer nominates another entity for this paragraph—the nominated entity. (sec.21-ssec.3) In this section— Long Term Asset Advisory Board means the Long Term Asset Advisory Board established under the Queensland Treasury Corporation Act 1988 , section 10 .
Subject to subsection (3) , the scheme manager has all the powers of an individual and may, for example— enter into contracts; and acquire, hold, deal with and dispose of property; and appoint agents and attorneys; and engage consultants; and do anything else necessary or convenient to be done in the performance of the scheme manager’s functions. Subject to subsection (3) , the scheme manager also has the powers given to the scheme manager under this Act or another Act. The scheme manager does not have power to borrow money. (sec.22-ssec.1) Subject to subsection (3) , the scheme manager has all the powers of an individual and may, for example— enter into contracts; and acquire, hold, deal with and dispose of property; and appoint agents and attorneys; and engage consultants; and do anything else necessary or convenient to be done in the performance of the scheme manager’s functions. (sec.22-ssec.2) Subject to subsection (3) , the scheme manager also has the powers given to the scheme manager under this Act or another Act. (sec.22-ssec.3) The scheme manager does not have power to borrow money.
The chief executive may, at the scheme manager’s request, assign public service employees of the department to perform work for the scheme manager. A person assigned to perform work for the scheme manager under subsection (1) is not subject to the direction of the chief executive in relation to the work. (sec.23-ssec.1) The chief executive may, at the scheme manager’s request, assign public service employees of the department to perform work for the scheme manager. (sec.23-ssec.2) A person assigned to perform work for the scheme manager under subsection (1) is not subject to the direction of the chief executive in relation to the work.
The Financial Provisioning Fund (the scheme fund ) is established. Accounts for the scheme fund must be kept as part of the departmental accounts of the department. Amounts received for the scheme fund— must be deposited in a departmental financial institution account of the department; and may be deposited in an account used for depositing other amounts of the department. The chief executive (environment) must pay into the scheme fund an amount recovered under the Environmental Protection Act 1994 in relation to costs and expenses for which the chief executive (environment) receives an amount from the scheme manager under section 65 . The Treasurer may advance amounts to the scheme fund on the terms the Treasurer considers appropriate. An advance by the Treasurer under subsection (5) is to be paid by the Treasurer out of the consolidated fund which is appropriated accordingly. Amounts received for the scheme fund include the following— contributions to the scheme fund paid under this Act; fees paid under this Act; amounts received from the chief executive (environment) under subsection (4) ; amounts advanced by the Treasurer; amounts earned as interest on the cash surety account deposited into the scheme fund by the scheme manager; amounts earned as interest on the scheme fund. An amount mentioned in subsection (7) is a controlled receipt for the Financial Accountability Act 2009 . An amount is payable from the scheme fund for— the purposes of this Act, including, for example, a cost related to the administration of the scheme or staff services under section 23 ; or the repayment of an amount advanced to the scheme fund by the Treasurer. s 24 amd 2020 No. 26 s 118 sch 1 (sec.24-ssec.1) The Financial Provisioning Fund (the scheme fund ) is established. (sec.24-ssec.2) Accounts for the scheme fund must be kept as part of the departmental accounts of the department. (sec.24-ssec.3) Amounts received for the scheme fund— must be deposited in a departmental financial institution account of the department; and may be deposited in an account used for depositing other amounts of the department. (sec.24-ssec.4) The chief executive (environment) must pay into the scheme fund an amount recovered under the Environmental Protection Act 1994 in relation to costs and expenses for which the chief executive (environment) receives an amount from the scheme manager under section 65 . (sec.24-ssec.5) The Treasurer may advance amounts to the scheme fund on the terms the Treasurer considers appropriate. (sec.24-ssec.6) An advance by the Treasurer under subsection (5) is to be paid by the Treasurer out of the consolidated fund which is appropriated accordingly. (sec.24-ssec.7) Amounts received for the scheme fund include the following— contributions to the scheme fund paid under this Act; fees paid under this Act; amounts received from the chief executive (environment) under subsection (4) ; amounts advanced by the Treasurer; amounts earned as interest on the cash surety account deposited into the scheme fund by the scheme manager; amounts earned as interest on the scheme fund. (sec.24-ssec.8) An amount mentioned in subsection (7) is a controlled receipt for the Financial Accountability Act 2009 . (sec.24-ssec.9) An amount is payable from the scheme fund for— the purposes of this Act, including, for example, a cost related to the administration of the scheme or staff services under section 23 ; or the repayment of an amount advanced to the scheme fund by the Treasurer.
The scheme manager must keep a separate bank account (a cash surety account ) with a financial institution for the management of cash amounts paid as surety for an authority or small scale mining tenure. Accounts for the cash surety account must be kept as part of the departmental accounts of the department. The scheme manager must pay into the cash surety account a cash amount paid as surety for an authority or small scale mining tenure. The scheme manager may make payments from the cash surety account only for— giving an amount to a requesting entity under section 68 (b) ; or depositing an amount of interest earned on the account into the scheme fund; or releasing a surety under section 58 . The scheme manager may invest an amount in the cash surety account only in— deposits with a financial institution; or investment arrangements mentioned in the Statutory Bodies Financial Arrangements Act 1982 , section 44 (1) (d) . An investment mentioned in subsection (5) must be— at call; or for a fixed time of not more than 1 year. (sec.25-ssec.1) The scheme manager must keep a separate bank account (a cash surety account ) with a financial institution for the management of cash amounts paid as surety for an authority or small scale mining tenure. (sec.25-ssec.2) Accounts for the cash surety account must be kept as part of the departmental accounts of the department. (sec.25-ssec.3) The scheme manager must pay into the cash surety account a cash amount paid as surety for an authority or small scale mining tenure. (sec.25-ssec.4) The scheme manager may make payments from the cash surety account only for— giving an amount to a requesting entity under section 68 (b) ; or depositing an amount of interest earned on the account into the scheme fund; or releasing a surety under section 58 . (sec.25-ssec.5) The scheme manager may invest an amount in the cash surety account only in— deposits with a financial institution; or investment arrangements mentioned in the Statutory Bodies Financial Arrangements Act 1982 , section 44 (1) (d) . (sec.25-ssec.6) An investment mentioned in subsection (5) must be— at call; or for a fixed time of not more than 1 year.
The Residual Risks Fund is established. Accounts for the residual risks fund must be kept as part of the departmental accounts of the department. Amounts received for the residual risks fund— must be deposited in a departmental financial institution account of the department; and may be deposited in an account used for depositing other amounts of the department. Amounts received for the residual risks fund are— residual risk payment amounts; or amounts earned as interest on the residual risks fund or as a return from investment of monies in the residual risks fund. An amount mentioned in subsection (4) is a controlled receipt for the Financial Accountability Act 2009 . An amount is payable from the residual risks fund— for payment of costs and expenses related to the administration of the fund; or under part 3A . s 25A ins 2020 No. 26 s 107 (sec.25A-ssec.1) The Residual Risks Fund is established. (sec.25A-ssec.2) Accounts for the residual risks fund must be kept as part of the departmental accounts of the department. (sec.25A-ssec.3) Amounts received for the residual risks fund— must be deposited in a departmental financial institution account of the department; and may be deposited in an account used for depositing other amounts of the department. (sec.25A-ssec.4) Amounts received for the residual risks fund are— residual risk payment amounts; or amounts earned as interest on the residual risks fund or as a return from investment of monies in the residual risks fund. (sec.25A-ssec.5) An amount mentioned in subsection (4) is a controlled receipt for the Financial Accountability Act 2009 . (sec.25A-ssec.6) An amount is payable from the residual risks fund— for payment of costs and expenses related to the administration of the fund; or under part 3A .
This subdivision applies if— the administering authority decides, under the Environmental Protection Act 1994 , section 300 , the estimated rehabilitation cost for an authority; and the estimated rehabilitation cost decided by the administering authority is equal to or more than the following amount (the prescribed ERC amount )— the amount, of more than $100,000, prescribed by regulation for this subparagraph; if no amount is prescribed under subparagraph (i) —$10m. Also, this subdivision applies if— the administering authority decides, under the Environmental Protection Act 1994 , section 300 , the estimated rehabilitation cost for an authority; and the estimated rehabilitation cost decided by the administering authority is equal to or more than $100,000 but less than the prescribed ERC amount; and the scheme manager gives the holder an election notice for the authority. If the administering authority makes more than 1 decision under the Environmental Protection Act 1994 , section 300 in relation to an authority— subsection (1) applies only in relation to the first decision for which the estimated rehabilitation cost is equal to or more than the prescribed ERC amount; and subsection (2) applies only in relation to the first decision for which the estimated rehabilitation cost is equal to or more than $100,000 but less than the prescribed ERC amount. However, subsection (1) does not apply in relation to the first decision for which the estimated rehabilitation cost is equal to or more than the prescribed ERC amount if— before the decision is made, the scheme manager had given the holder an election notice for the authority; and immediately before the decision is made, the election notice is in effect. Also, subsection (2) does not apply in relation to the first decision for which the estimated rehabilitation cost is equal to or more than $100,000 but less than the prescribed ERC amount if, immediately before the decision is made, the estimated rehabilitation cost for the authority is equal to or more than the prescribed ERC amount. A reference in subsections (3) , (4) and (5) to a decision of the administering authority includes a decision made before the commencement. s 26 amd 2024 No. 33 s 94 (sec.26-ssec.1) This subdivision applies if— the administering authority decides, under the Environmental Protection Act 1994 , section 300 , the estimated rehabilitation cost for an authority; and the estimated rehabilitation cost decided by the administering authority is equal to or more than the following amount (the prescribed ERC amount )— the amount, of more than $100,000, prescribed by regulation for this subparagraph; if no amount is prescribed under subparagraph (i) —$10m. (sec.26-ssec.2) Also, this subdivision applies if— the administering authority decides, under the Environmental Protection Act 1994 , section 300 , the estimated rehabilitation cost for an authority; and the estimated rehabilitation cost decided by the administering authority is equal to or more than $100,000 but less than the prescribed ERC amount; and the scheme manager gives the holder an election notice for the authority. (sec.26-ssec.3) If the administering authority makes more than 1 decision under the Environmental Protection Act 1994 , section 300 in relation to an authority— subsection (1) applies only in relation to the first decision for which the estimated rehabilitation cost is equal to or more than the prescribed ERC amount; and subsection (2) applies only in relation to the first decision for which the estimated rehabilitation cost is equal to or more than $100,000 but less than the prescribed ERC amount. (sec.26-ssec.4) However, subsection (1) does not apply in relation to the first decision for which the estimated rehabilitation cost is equal to or more than the prescribed ERC amount if— before the decision is made, the scheme manager had given the holder an election notice for the authority; and immediately before the decision is made, the election notice is in effect. (sec.26-ssec.5) Also, subsection (2) does not apply in relation to the first decision for which the estimated rehabilitation cost is equal to or more than $100,000 but less than the prescribed ERC amount if, immediately before the decision is made, the estimated rehabilitation cost for the authority is equal to or more than the prescribed ERC amount. (sec.26-ssec.6) A reference in subsections (3) , (4) and (5) to a decision of the administering authority includes a decision made before the commencement.
The scheme manager must decide to allocate the authority to 1 of the following risk categories (the initial risk category allocation )— very low; low; moderate; moderate-high; high. In deciding the initial risk category allocation, the scheme manager— must consider— the scheme manager’s opinion of the probability of the State incurring costs and expenses because the holder of the authority has not prevented or minimised environmental harm, or rehabilitated or restored the environment, in relation to a resource activity carried out under, or to ensure compliance with, the authority; and submissions made under section 28 ; and the scheme guidelines; and may consider any other matter the scheme manager considers relevant to the decision. In forming an opinion under subsection (2) (a) (i) , the scheme manager— must consider— the financial soundness of the holder; and the scheme guidelines; and may consider— the characteristics of a resource project to which the authority relates; and any other matter the scheme manager considers relevant to forming the opinion. In considering the financial soundness of the holder, the scheme manager may consider the financial soundness of a parent corporation of the holder. If there is more than 1 holder, the scheme manager— may consider the financial soundness of any or all of the holders; and in considering the financial soundness of any or all of the holders, may consider the financial soundness of a parent corporation of any or all of the holders; and must assign the authority to only 1 of the holders (the relevant holder of the authority). s 27 amd 2020 No. 26 s 118 sch 1 ; 2024 No. 33 s 95 (sec.27-ssec.1) The scheme manager must decide to allocate the authority to 1 of the following risk categories (the initial risk category allocation )— very low; low; moderate; moderate-high; high. (sec.27-ssec.2) In deciding the initial risk category allocation, the scheme manager— must consider— the scheme manager’s opinion of the probability of the State incurring costs and expenses because the holder of the authority has not prevented or minimised environmental harm, or rehabilitated or restored the environment, in relation to a resource activity carried out under, or to ensure compliance with, the authority; and submissions made under section 28 ; and the scheme guidelines; and may consider any other matter the scheme manager considers relevant to the decision. (sec.27-ssec.3) In forming an opinion under subsection (2) (a) (i) , the scheme manager— must consider— the financial soundness of the holder; and the scheme guidelines; and may consider— the characteristics of a resource project to which the authority relates; and any other matter the scheme manager considers relevant to forming the opinion. (sec.27-ssec.4) In considering the financial soundness of the holder, the scheme manager may consider the financial soundness of a parent corporation of the holder. (sec.27-ssec.5) If there is more than 1 holder, the scheme manager— may consider the financial soundness of any or all of the holders; and in considering the financial soundness of any or all of the holders, may consider the financial soundness of a parent corporation of any or all of the holders; and must assign the authority to only 1 of the holders (the relevant holder of the authority).
The scheme manager must decide the annual review allocation day for the authority. In deciding the annual review allocation day, the scheme manager— must consider— the effect the day will have on the operation of the scheme; and any administrative efficiencies the day may achieve for the holder of the authority; and submissions made under section 28 ; and may consider any other matter the scheme manager considers relevant to the decision. s 27A ins 2024 No. 33 s 96 (sec.27A-ssec.1) The scheme manager must decide the annual review allocation day for the authority. (sec.27A-ssec.2) In deciding the annual review allocation day, the scheme manager— must consider— the effect the day will have on the operation of the scheme; and any administrative efficiencies the day may achieve for the holder of the authority; and submissions made under section 28 ; and may consider any other matter the scheme manager considers relevant to the decision.
The scheme manager must, before deciding the initial risk category allocation and the annual review allocation day, give the holder a notice (a notice of indicative decision ) stating— the risk category to which the scheme manager intends to allocate the authority (the indicative risk category allocation ); and the reasons for the indicative risk category allocation; and if section 27 (5) applies—the relevant holder of the authority under section 27 (5) (c) ; and the annual review allocation day the scheme manager intends to decide for the authority (the indicative review day ); and whether a contribution to the scheme fund, or a surety, is required under the indicative risk category allocation; and that the holder may, within 20 business days after the notice of indicative decision is given— make submissions to the scheme manager about a matter mentioned in paragraph (a) , (b) , (c) , (d) or (e) ; or give the scheme manager notice that the holder accepts the indicative risk category allocation. The scheme manager may extend the period mentioned in subsection (1) (f) by notice given to the holder. s 28 amd 2024 No. 33 s 97 (sec.28-ssec.1) The scheme manager must, before deciding the initial risk category allocation and the annual review allocation day, give the holder a notice (a notice of indicative decision ) stating— the risk category to which the scheme manager intends to allocate the authority (the indicative risk category allocation ); and the reasons for the indicative risk category allocation; and if section 27 (5) applies—the relevant holder of the authority under section 27 (5) (c) ; and the annual review allocation day the scheme manager intends to decide for the authority (the indicative review day ); and whether a contribution to the scheme fund, or a surety, is required under the indicative risk category allocation; and that the holder may, within 20 business days after the notice of indicative decision is given— make submissions to the scheme manager about a matter mentioned in paragraph (a) , (b) , (c) , (d) or (e) ; or give the scheme manager notice that the holder accepts the indicative risk category allocation. (sec.28-ssec.2) The scheme manager may extend the period mentioned in subsection (1) (f) by notice given to the holder.
The scheme manager must decide to allocate the authority to the risk category stated under section 28 (1) (a) in the notice of indicative decision if the holder— does not make submissions under section 28 in relation to the indicative risk category allocation; or gives the scheme manager a notice under section 28 that the holder accepts the indicative risk category allocation. Also, the scheme manager must decide the annual review allocation day for the authority as being the day stated under section 28 (1) (d) in the notice of indicative decision if the holder— does not make submissions under section 28 in relation to the indicative review day; or gives the scheme manager a notice under section 28 that the holder accepts the indicative review day. s 29 amd 2024 No. 33 s 98 (sec.29-ssec.1) The scheme manager must decide to allocate the authority to the risk category stated under section 28 (1) (a) in the notice of indicative decision if the holder— does not make submissions under section 28 in relation to the indicative risk category allocation; or gives the scheme manager a notice under section 28 that the holder accepts the indicative risk category allocation. (sec.29-ssec.2) Also, the scheme manager must decide the annual review allocation day for the authority as being the day stated under section 28 (1) (d) in the notice of indicative decision if the holder— does not make submissions under section 28 in relation to the indicative review day; or gives the scheme manager a notice under section 28 that the holder accepts the indicative review day.
The scheme manager must decide the initial risk category allocation and the annual review allocation day— if the holder gives the scheme manager a notice under section 28 that the holder accepts the indicative risk category allocation and the indicative review day—within 5 business days after the scheme manager receives the notice; or if the holder does not make submissions under section 28 —within 5 business days after the period in which the holder was permitted to make submissions ends; or if the holder makes submissions under section 28 —within 20 business days after the scheme manager receives the submissions; or if the scheme manager requires the holder, under section 44 , to give the scheme manager information or a document the scheme manager reasonably requires to decide the initial risk category allocation—within 20 business days after the scheme manager receives the information or document. s 30 amd 2024 No. 33 s 99
The scheme manager must, as soon as practicable after deciding both the initial risk category allocation and the annual review allocation day, give the holder a notice stating— the day the risk category allocation was decided (the initial allocation day for the authority); and the initial risk category allocation; and if section 27 (5) applies—the relevant holder of the authority under section 27 (5) (c) ; and the annual review allocation day; and when the annual review allocation day takes effect; and the amount of the contribution to the scheme fund, or surety, required under division 2 in relation to the authority, and when the amount must be paid or given; and the amount of the assessment fee for the decision, and when the fee must be paid. The annual review allocation day takes effect on the day stated in the notice. s 31 amd 2024 No. 33 s 100 (sec.31-ssec.1) The scheme manager must, as soon as practicable after deciding both the initial risk category allocation and the annual review allocation day, give the holder a notice stating— the day the risk category allocation was decided (the initial allocation day for the authority); and the initial risk category allocation; and if section 27 (5) applies—the relevant holder of the authority under section 27 (5) (c) ; and the annual review allocation day; and when the annual review allocation day takes effect; and the amount of the contribution to the scheme fund, or surety, required under division 2 in relation to the authority, and when the amount must be paid or given; and the amount of the assessment fee for the decision, and when the fee must be paid. (sec.31-ssec.2) The annual review allocation day takes effect on the day stated in the notice.
A changed holder event , in relation to an authority, means any of the following— an entity applies to the Minister under the Mineral and Energy Resources (Common Provisions) Act 2014 , section 19 for approval of a prescribed dealing to enable its registration under section 17 of that Act that is an assessable transfer, of a resource authority relating to the authority, to another entity (the changed holder ); an entity gives notice to the chief executive under the Mineral and Energy Resources (Common Provisions) Act 2014 , section 19B of a notifiable dealing to enable its registration under section 17A of that Act that is a non-assessable transfer of a resource authority, or of a share in a resource authority, relating to the authority, if part of 1 holder’s share in the resource authority will be transferred to another holder of the resource authority (also the changed holder ); an entity starts or stops controlling a holder of the authority (also the changed holder ) under the Corporations Act , section 50AA ; a holder of the authority (also the changed holder ) starts or stops being a subsidiary of a corporation under the Corporations Act , section 46 . For subsection (1) (a) and (b) , a resource authority relates to an authority if the resource authority authorises the carrying out of a resource activity for the authority. s 31A ins 2020 No. 14 s 97 (sec.31A-ssec.1) A changed holder event , in relation to an authority, means any of the following— an entity applies to the Minister under the Mineral and Energy Resources (Common Provisions) Act 2014 , section 19 for approval of a prescribed dealing to enable its registration under section 17 of that Act that is an assessable transfer, of a resource authority relating to the authority, to another entity (the changed holder ); an entity gives notice to the chief executive under the Mineral and Energy Resources (Common Provisions) Act 2014 , section 19B of a notifiable dealing to enable its registration under section 17A of that Act that is a non-assessable transfer of a resource authority, or of a share in a resource authority, relating to the authority, if part of 1 holder’s share in the resource authority will be transferred to another holder of the resource authority (also the changed holder ); an entity starts or stops controlling a holder of the authority (also the changed holder ) under the Corporations Act , section 50AA ; a holder of the authority (also the changed holder ) starts or stops being a subsidiary of a corporation under the Corporations Act , section 46 . (sec.31A-ssec.2) For subsection (1) (a) and (b) , a resource authority relates to an authority if the resource authority authorises the carrying out of a resource activity for the authority.
This section applies if— an authority is allocated to a risk category; and the estimated rehabilitation cost for the authority is equal to or more than the prescribed ERC amount; and a changed holder event happens in relation to the authority. Also, this section applies if— the estimated rehabilitation cost for an authority is equal to or more than $100,000 but less than the prescribed ERC amount; and a changed holder event happens in relation to the authority; and the scheme manager gives the changed holder an election notice for the authority. If the authority is allocated to a risk category, the scheme manager may— review the risk category to which the authority is allocated; and decide to confirm or change the risk category to which the authority is allocated (the changed holder review allocation ). If the authority is not allocated to a risk category, the scheme manager must— decide to allocate the authority to a risk category (the changed holder initial allocation ); and decide the annual review allocation day for the authority. In making the changed holder allocation, the scheme manager— must consider— the scheme manager’s opinion of the probability mentioned in section 27 (2) (a) (i) having regard to the changed holder; and submissions made under section 34 ; and the scheme guidelines; and may consider any other matter the scheme manager considers relevant. In forming an opinion under subsection (5) (a) (i) , the scheme manager— must consider— the financial soundness of the changed holder; and the scheme guidelines; and may consider— the characteristics of a resource project to which the authority relates; and any other matter the scheme manager considers relevant to forming the opinion. In considering the financial soundness of the changed holder, the scheme manager may consider the financial soundness of a parent corporation of the changed holder. If there is more than 1 holder, or changed holder, of the authority, the scheme manager— may consider the financial soundness of any or all of the holders, or changed holders, of the authority; and in considering the financial soundness of any or all of the holders, or changed holders, of the authority, may consider the financial soundness of a parent corporation of any or all of the holders, or changed holders, of the authority; and must assign the authority to only 1 of the holders, or changed holders, of the authority (the relevant holder of the authority). In deciding the annual review allocation day, the scheme manager— must consider— the effect the day will have on the operation of the scheme; and any administrative efficiencies the day may achieve for the changed holder of the authority; and submissions made under section 34 ; and may consider any other matter the scheme manager considers relevant. s 32 amd 2020 No. 26 s 118 sch 1 ; 2020 No. 14 s 98 ; 2024 No. 33 s 102 (sec.32-ssec.1) This section applies if— an authority is allocated to a risk category; and the estimated rehabilitation cost for the authority is equal to or more than the prescribed ERC amount; and a changed holder event happens in relation to the authority. (sec.32-ssec.2) Also, this section applies if— the estimated rehabilitation cost for an authority is equal to or more than $100,000 but less than the prescribed ERC amount; and a changed holder event happens in relation to the authority; and the scheme manager gives the changed holder an election notice for the authority. (sec.32-ssec.3) If the authority is allocated to a risk category, the scheme manager may— review the risk category to which the authority is allocated; and decide to confirm or change the risk category to which the authority is allocated (the changed holder review allocation ). (sec.32-ssec.4) If the authority is not allocated to a risk category, the scheme manager must— decide to allocate the authority to a risk category (the changed holder initial allocation ); and decide the annual review allocation day for the authority. (sec.32-ssec.5) In making the changed holder allocation, the scheme manager— must consider— the scheme manager’s opinion of the probability mentioned in section 27 (2) (a) (i) having regard to the changed holder; and submissions made under section 34 ; and the scheme guidelines; and may consider any other matter the scheme manager considers relevant. (sec.32-ssec.6) In forming an opinion under subsection (5) (a) (i) , the scheme manager— must consider— the financial soundness of the changed holder; and the scheme guidelines; and may consider— the characteristics of a resource project to which the authority relates; and any other matter the scheme manager considers relevant to forming the opinion. (sec.32-ssec.7) In considering the financial soundness of the changed holder, the scheme manager may consider the financial soundness of a parent corporation of the changed holder. (sec.32-ssec.8) If there is more than 1 holder, or changed holder, of the authority, the scheme manager— may consider the financial soundness of any or all of the holders, or changed holders, of the authority; and in considering the financial soundness of any or all of the holders, or changed holders, of the authority, may consider the financial soundness of a parent corporation of any or all of the holders, or changed holders, of the authority; and must assign the authority to only 1 of the holders, or changed holders, of the authority (the relevant holder of the authority). (sec.32-ssec.9) In deciding the annual review allocation day, the scheme manager— must consider— the effect the day will have on the operation of the scheme; and any administrative efficiencies the day may achieve for the changed holder of the authority; and submissions made under section 34 ; and may consider any other matter the scheme manager considers relevant.
This section applies if— an authority is allocated to a risk category; and the estimated rehabilitation cost for the authority is equal to or more than the prescribed ERC amount; and a changed holder event is proposed in relation to the authority. Also, this section applies if— the estimated rehabilitation cost for an authority is equal to or more than $100,000 but less than the prescribed ERC amount; and a changed holder event is proposed in relation to the authority; and had the proposed changed holder event happened, division 1A would apply in relation to the changed holder. A holder of the authority, or the changed holder with the consent of a holder of the authority, may apply to the scheme manager to make a changed holder allocation as if— the proposed changed holder event had happened; and for an authority to which subsection (2) applies—the scheme manager had given the changed holder an election notice for the authority. The scheme manager must make the changed holder allocation only if the application is accompanied by the assessment fee for the decision. s 33 amd 2020 No. 14 s 99 ; 2024 No. 33 s 103 (sec.33-ssec.1) This section applies if— an authority is allocated to a risk category; and the estimated rehabilitation cost for the authority is equal to or more than the prescribed ERC amount; and a changed holder event is proposed in relation to the authority. (sec.33-ssec.2) Also, this section applies if— the estimated rehabilitation cost for an authority is equal to or more than $100,000 but less than the prescribed ERC amount; and a changed holder event is proposed in relation to the authority; and had the proposed changed holder event happened, division 1A would apply in relation to the changed holder. (sec.33-ssec.3) A holder of the authority, or the changed holder with the consent of a holder of the authority, may apply to the scheme manager to make a changed holder allocation as if— the proposed changed holder event had happened; and for an authority to which subsection (2) applies—the scheme manager had given the changed holder an election notice for the authority. (sec.33-ssec.4) The scheme manager must make the changed holder allocation only if the application is accompanied by the assessment fee for the decision.
The scheme manager must, before deciding the changed holder allocation in relation to an authority, give the interested entity a notice (the notice of indicative decision ) stating— the risk category to which the scheme manager intends to allocate the authority (the indicative changed holder allocation ); and the reasons for the indicative changed holder allocation; and if the authority is not allocated to a risk category—the annual review allocation day the scheme manager intends to decide for the authority (the indicative review day ); and if section 32 (8) applies—the relevant holder of the authority under section 32 (8) (c) ; and whether a contribution to the scheme fund, or a surety, is required under the indicative changed holder allocation; and that the interested entity may, within 20 business days after the notice of indicative decision is given— make submissions to the scheme manager about a matter mentioned in paragraph (a) , (b) , (c) , (d) or (e) ; or give the scheme manager notice that the interested entity accepts the indicative changed holder allocation. The scheme manager may extend the period mentioned in subsection (1) (f) by notice given to the interested entity. In this section— interested entity means— for an authority in relation to which a changed holder event has happened— for a changed holder event of a type mentioned in section 31A (1) (a) —the entity that applied to the Minister for approval of the prescribed dealing under the Mineral and Energy Resources (Common Provisions) Act , section 19 ; or for a changed holder event of a type mentioned in section 31A (1) (b) —the entity that gave notice to the chief executive of the notifiable dealing under the Mineral and Energy Resources (Common Provisions) Act , section 19B ; or for a changed holder event of a type mentioned in section 31A (1) (c) or (d) —each holder of the authority; or for an authority in relation to which a changed holder event is proposed—the applicant under section 33 for a changed holder allocation for the proposed changed holder event. s 34 amd 2020 No. 14 s 100 ; 2024 No. 33 s 104 (sec.34-ssec.1) The scheme manager must, before deciding the changed holder allocation in relation to an authority, give the interested entity a notice (the notice of indicative decision ) stating— the risk category to which the scheme manager intends to allocate the authority (the indicative changed holder allocation ); and the reasons for the indicative changed holder allocation; and if the authority is not allocated to a risk category—the annual review allocation day the scheme manager intends to decide for the authority (the indicative review day ); and if section 32 (8) applies—the relevant holder of the authority under section 32 (8) (c) ; and whether a contribution to the scheme fund, or a surety, is required under the indicative changed holder allocation; and that the interested entity may, within 20 business days after the notice of indicative decision is given— make submissions to the scheme manager about a matter mentioned in paragraph (a) , (b) , (c) , (d) or (e) ; or give the scheme manager notice that the interested entity accepts the indicative changed holder allocation. (sec.34-ssec.2) The scheme manager may extend the period mentioned in subsection (1) (f) by notice given to the interested entity. (sec.34-ssec.3) In this section— interested entity means— for an authority in relation to which a changed holder event has happened— for a changed holder event of a type mentioned in section 31A (1) (a) —the entity that applied to the Minister for approval of the prescribed dealing under the Mineral and Energy Resources (Common Provisions) Act , section 19 ; or for a changed holder event of a type mentioned in section 31A (1) (b) —the entity that gave notice to the chief executive of the notifiable dealing under the Mineral and Energy Resources (Common Provisions) Act , section 19B ; or for a changed holder event of a type mentioned in section 31A (1) (c) or (d) —each holder of the authority; or for an authority in relation to which a changed holder event is proposed—the applicant under section 33 for a changed holder allocation for the proposed changed holder event.
The scheme manager must decide to allocate the authority to the risk category stated under section 34 (1) (a) in the notice of indicative decision if the interested entity— does not make submissions under section 34 in relation to the indicative changed holder allocation; or gives the scheme manager a notice under section 34 that the interested entity accepts the indicative changed holder allocation. If the authority is not allocated to a risk category, the scheme manager must decide the annual review allocation day for the authority as being the day stated under section 34 (1) (c) in the notice of indicative decision if the interested entity— does not make submissions under section 34 in relation to the indicative review day; or gives the scheme manager a notice under section 34 that the interested entity accepts the indicative review day. s 35 amd 2024 No. 33 s 105 (sec.35-ssec.1) The scheme manager must decide to allocate the authority to the risk category stated under section 34 (1) (a) in the notice of indicative decision if the interested entity— does not make submissions under section 34 in relation to the indicative changed holder allocation; or gives the scheme manager a notice under section 34 that the interested entity accepts the indicative changed holder allocation. (sec.35-ssec.2) If the authority is not allocated to a risk category, the scheme manager must decide the annual review allocation day for the authority as being the day stated under section 34 (1) (c) in the notice of indicative decision if the interested entity— does not make submissions under section 34 in relation to the indicative review day; or gives the scheme manager a notice under section 34 that the interested entity accepts the indicative review day.
The scheme manager must, as soon as practicable after deciding the changed holder allocation, give a notice to the interested entity stating— the day the changed holder allocation was decided; and the risk category to which the authority is allocated under the changed holder allocation; and if the scheme manager decides the annual review allocation day for the authority under section 32 (4) (b) — the annual review allocation day; and when the annual review allocation day takes effect; and if section 32 (8) applies—the relevant holder of the authority under section 32 (8) (c) ; and the amount of the contribution to the scheme fund, or surety, required under division 2 in relation to the authority, and when the amount must be paid or given; and the amount of the assessment fee for the decision, and when the fee must be paid, unless the assessment fee has been paid under section 33 ; and when the changed holder allocation takes effect. The annual review allocation day takes effect on the day stated in the notice. s 36 amd 2024 No. 33 s 106 (sec.36-ssec.1) The scheme manager must, as soon as practicable after deciding the changed holder allocation, give a notice to the interested entity stating— the day the changed holder allocation was decided; and the risk category to which the authority is allocated under the changed holder allocation; and if the scheme manager decides the annual review allocation day for the authority under section 32 (4) (b) — the annual review allocation day; and when the annual review allocation day takes effect; and if section 32 (8) applies—the relevant holder of the authority under section 32 (8) (c) ; and the amount of the contribution to the scheme fund, or surety, required under division 2 in relation to the authority, and when the amount must be paid or given; and the amount of the assessment fee for the decision, and when the fee must be paid, unless the assessment fee has been paid under section 33 ; and when the changed holder allocation takes effect. (sec.36-ssec.2) The annual review allocation day takes effect on the day stated in the notice.
The changed holder allocation takes effect— for a changed holder event of a type mentioned in section 31A (1) (a) —when the prescribed dealing is approved under the Mineral and Energy Resources (Common Provisions) Act 2014 , section 19 by the Minister; or for a changed holder event of a type mentioned in section 31A (1) (b) —when the notifiable dealing is notified under the Mineral and Energy Resources (Common Provisions) Act 2014 , section 19B to the chief executive; or for a changed holder event of a type mentioned in section 31A (1) (c) or (d) —on the day that is 10 business days after the notice under section 36 (1) is given to the interested entity; or for a proposed changed holder event of a type mentioned in section 31A (1) (a) —if and when the prescribed dealing is approved under the Mineral and Energy Resources (Common Provisions) Act 2014 , section 19 by the Minister; or for a proposed changed holder event of a type mentioned in section 31A (1) (b) —if and when the notifiable dealing is notified under the Mineral and Energy Resources (Common Provisions) Act 2014 , section 19B to the chief executive; or for a proposed changed holder event of a type mentioned in section 31A (1) (c) or (d) —if and when the proposed event happens. However— subsection (1) (d) applies only if— the application for approval of the prescribed dealing is made within the prescribed period after the notice under section 36 (1) is given to the interested entity; and for an authority to which section 33 (2) applied—the scheme manager gives the changed holder an election notice for the authority; and subsection (1) (e) applies only if— notice of the notifiable dealing is given within the prescribed period after the notice under section 36 (1) is given to the interested entity; and for an authority to which section 33 (2) applied—the scheme manager gives the changed holder an election notice for the authority; and subsection (1) (f) applies only if— the proposed changed holder event happens within the prescribed period after the notice under section 36 (1) is given to the interested entity; and for an authority to which section 33 (2) applied—the scheme manager gives the changed holder an election notice for the authority. In this section— prescribed period means— the period prescribed by regulation for this paragraph; or if no period is prescribed under paragraph (a) —6 months. s 37 sub 2020 No. 14 s 101 amd 2024 No. 33 s 107 (sec.37-ssec.1) The changed holder allocation takes effect— for a changed holder event of a type mentioned in section 31A (1) (a) —when the prescribed dealing is approved under the Mineral and Energy Resources (Common Provisions) Act 2014 , section 19 by the Minister; or for a changed holder event of a type mentioned in section 31A (1) (b) —when the notifiable dealing is notified under the Mineral and Energy Resources (Common Provisions) Act 2014 , section 19B to the chief executive; or for a changed holder event of a type mentioned in section 31A (1) (c) or (d) —on the day that is 10 business days after the notice under section 36 (1) is given to the interested entity; or for a proposed changed holder event of a type mentioned in section 31A (1) (a) —if and when the prescribed dealing is approved under the Mineral and Energy Resources (Common Provisions) Act 2014 , section 19 by the Minister; or for a proposed changed holder event of a type mentioned in section 31A (1) (b) —if and when the notifiable dealing is notified under the Mineral and Energy Resources (Common Provisions) Act 2014 , section 19B to the chief executive; or for a proposed changed holder event of a type mentioned in section 31A (1) (c) or (d) —if and when the proposed event happens. (sec.37-ssec.2) However— subsection (1) (d) applies only if— the application for approval of the prescribed dealing is made within the prescribed period after the notice under section 36 (1) is given to the interested entity; and for an authority to which section 33 (2) applied—the scheme manager gives the changed holder an election notice for the authority; and subsection (1) (e) applies only if— notice of the notifiable dealing is given within the prescribed period after the notice under section 36 (1) is given to the interested entity; and for an authority to which section 33 (2) applied—the scheme manager gives the changed holder an election notice for the authority; and subsection (1) (f) applies only if— the proposed changed holder event happens within the prescribed period after the notice under section 36 (1) is given to the interested entity; and for an authority to which section 33 (2) applied—the scheme manager gives the changed holder an election notice for the authority. (sec.37-ssec.3) In this section— prescribed period means— the period prescribed by regulation for this paragraph; or if no period is prescribed under paragraph (a) —6 months.
This section applies if— an authority is allocated to a risk category; and the estimated rehabilitation cost for the authority is equal to or more than the prescribed ERC amount. Also, this section applies if— an authority is allocated to a risk category; and the estimated rehabilitation cost for the authority is equal to or more than $100,000 but less than the prescribed ERC amount; and the scheme manager has given the holder an election notice for the authority; and the election notice is in effect. The scheme manager must, within 30 business days before the annual review allocation day for the authority— review the risk category to which the authority is allocated; and decide to confirm or change the risk category to which the authority is allocated (the annual review allocation ). However, subsection (3) does not apply to an annual review allocation day that is within 9 months after— the initial allocation day for the authority; or the day a changed holder allocation takes effect for the authority; or the day a change to the annual review allocation day takes effect. In making the annual review allocation, the scheme manager— must consider— the scheme manager’s opinion of the probability mentioned in section 27 (2) (a) (i) ; and submissions made under section 39 ; and the scheme guidelines; and may consider any other matter the scheme manager considers relevant. In forming an opinion under subsection (5) (a) (i) , the scheme manager— must consider— the financial soundness of the holder; and the scheme guidelines; and may consider— the characteristics of a resource project to which the authority relates; and any other matter the scheme manager considers relevant to forming the opinion. In considering the financial soundness of the holder, the scheme manager may consider the financial soundness of a parent corporation of the holder. If there is more than 1 holder, the scheme manager— may consider the financial soundness of any or all of the holders; and in considering the financial soundness of any or all of the holders, may consider the financial soundness of a parent corporation of any or all of the holders; and must assign the authority to only 1 of the holders (the relevant holder of the authority). s 38 amd 2020 No. 26 s 118 sch 1 ; 2024 No. 33 s 108 (sec.38-ssec.1) This section applies if— an authority is allocated to a risk category; and the estimated rehabilitation cost for the authority is equal to or more than the prescribed ERC amount. (sec.38-ssec.2) Also, this section applies if— an authority is allocated to a risk category; and the estimated rehabilitation cost for the authority is equal to or more than $100,000 but less than the prescribed ERC amount; and the scheme manager has given the holder an election notice for the authority; and the election notice is in effect. (sec.38-ssec.3) The scheme manager must, within 30 business days before the annual review allocation day for the authority— review the risk category to which the authority is allocated; and decide to confirm or change the risk category to which the authority is allocated (the annual review allocation ). (sec.38-ssec.4) However, subsection (3) does not apply to an annual review allocation day that is within 9 months after— the initial allocation day for the authority; or the day a changed holder allocation takes effect for the authority; or the day a change to the annual review allocation day takes effect. (sec.38-ssec.5) In making the annual review allocation, the scheme manager— must consider— the scheme manager’s opinion of the probability mentioned in section 27 (2) (a) (i) ; and submissions made under section 39 ; and the scheme guidelines; and may consider any other matter the scheme manager considers relevant. (sec.38-ssec.6) In forming an opinion under subsection (5) (a) (i) , the scheme manager— must consider— the financial soundness of the holder; and the scheme guidelines; and may consider— the characteristics of a resource project to which the authority relates; and any other matter the scheme manager considers relevant to forming the opinion. (sec.38-ssec.7) In considering the financial soundness of the holder, the scheme manager may consider the financial soundness of a parent corporation of the holder. (sec.38-ssec.8) If there is more than 1 holder, the scheme manager— may consider the financial soundness of any or all of the holders; and in considering the financial soundness of any or all of the holders, may consider the financial soundness of a parent corporation of any or all of the holders; and must assign the authority to only 1 of the holders (the relevant holder of the authority).
The scheme manager must, before deciding the annual review allocation, give the holder a notice (the notice of indicative decision ) stating— the risk category to which the scheme manager intends to allocate the authority (the indicative annual review allocation ); and the reasons for the indicative annual review allocation; and if section 38 (8) applies—the relevant holder of the authority under section 38 (8) (c) ; and whether a contribution to the scheme fund, or a surety, is required under the indicative annual review allocation; and that the holder may, within 20 business days after the notice of indicative decision is given— make submissions to the scheme manager about a matter mentioned in paragraph (a) , (b) , (c) or (d) ; or give the scheme manager notice that the holder accepts the indicative annual review allocation. The scheme manager may extend the period mentioned in subsection (1) (e) by notice given to the holder. s 39 amd 2024 No. 33 s 183 s ch 1 pt 2 (sec.39-ssec.1) The scheme manager must, before deciding the annual review allocation, give the holder a notice (the notice of indicative decision ) stating— the risk category to which the scheme manager intends to allocate the authority (the indicative annual review allocation ); and the reasons for the indicative annual review allocation; and if section 38 (8) applies—the relevant holder of the authority under section 38 (8) (c) ; and whether a contribution to the scheme fund, or a surety, is required under the indicative annual review allocation; and that the holder may, within 20 business days after the notice of indicative decision is given— make submissions to the scheme manager about a matter mentioned in paragraph (a) , (b) , (c) or (d) ; or give the scheme manager notice that the holder accepts the indicative annual review allocation. (sec.39-ssec.2) The scheme manager may extend the period mentioned in subsection (1) (e) by notice given to the holder.
The scheme manager must decide to allocate the authority to the risk category stated under section 39 (1) (a) in the notice of indicative decision if the holder— does not make submissions under section 39 ; or gives the scheme manager a notice under section 39 that the holder accepts the indicative annual review allocation.
The scheme manager must, as soon as practicable after deciding the annual review allocation, give a notice to the holder stating— the day the annual review allocation was decided (the annual review day for the authority); and the risk category to which the authority is allocated under the annual review allocation; and if section 38 (8) applies—the relevant holder of the authority under section 38 (8) (c) ; and the amount of the contribution to the scheme fund, or surety, required under division 2 in relation to the authority, and when the amount must be paid or given; and the amount of the assessment fee for the decision, and when the fee must be paid. s 41 amd 2024 No. 33 s 183 s ch 1 pt 2
The holder of an authority may apply to the scheme manager to change the annual review allocation day for the authority to another day (the proposed day ). The application must state— the proposed day; and the reasons for the proposed change. In deciding the application, the scheme manager— must consider— the effect the proposed day will have on the operation of the scheme; and any administrative efficiencies the proposed day may achieve for the holder; and may consider any other matter the scheme manager considers relevant. The scheme manager must consider the application and decide— to change the annual review allocation day to the proposed day; or to refuse the application. The scheme manager must make the decision within— 20 business days after receiving the application; or if the scheme manager and the holder agree to a longer period for deciding the application—the longer period. As soon as practicable after making the decision, the scheme manager must give the holder notice of the decision. If the scheme manager decides to change the annual review allocation day, the notice under subsection (6) must state— the annual review allocation day for the authority; and when the change to the annual review allocation day takes effect. s 41A ins 2024 No. 33 s 109 (sec.41A-ssec.1) The holder of an authority may apply to the scheme manager to change the annual review allocation day for the authority to another day (the proposed day ). (sec.41A-ssec.2) The application must state— the proposed day; and the reasons for the proposed change. (sec.41A-ssec.3) In deciding the application, the scheme manager— must consider— the effect the proposed day will have on the operation of the scheme; and any administrative efficiencies the proposed day may achieve for the holder; and may consider any other matter the scheme manager considers relevant. (sec.41A-ssec.4) The scheme manager must consider the application and decide— to change the annual review allocation day to the proposed day; or to refuse the application. (sec.41A-ssec.5) The scheme manager must make the decision within— 20 business days after receiving the application; or if the scheme manager and the holder agree to a longer period for deciding the application—the longer period. (sec.41A-ssec.6) As soon as practicable after making the decision, the scheme manager must give the holder notice of the decision. (sec.41A-ssec.7) If the scheme manager decides to change the annual review allocation day, the notice under subsection (6) must state— the annual review allocation day for the authority; and when the change to the annual review allocation day takes effect.
The scheme manager may decide, on the scheme manager’s own initiative, to change the annual review allocation day for an authority to another day (the new day ). The scheme manager must, before deciding to change the annual review allocation day to the new day, give the holder of the authority a notice (a notice of indicative decision ) stating— the new day; and the reasons for the proposed change; and that the holder may, within 20 business days after the notice of indicative decision is given— make submissions to the scheme manager about a matter mentioned in paragraph (a) or (b) ; or give the scheme manager notice that the holder accepts the new day as the annual review allocation day for the authority. The scheme manager may extend the period mentioned in subsection (2) (c) by notice given to the holder. In deciding whether to change the annual review allocation day to the new day, the scheme manager— must consider— the effect the new day will have on the operation of the scheme; and any administrative efficiencies the new day may achieve for the holder; and may consider any other matter the scheme manager considers relevant. After considering any submissions made under subsection (2) , the scheme manager must decide— to change the annual review allocation day to the new day; or to change the annual review allocation day to another day agreed between the scheme manager and the holder; or not to change the annual review allocation day. The scheme manager must make the decision— if the holder gives the scheme manager a notice under subsection (2) that the holder accepts the new day—within 5 business days after the scheme manager receives the notice; or if the holder does not make submissions under subsection (2) —within 5 business days after the period in which the holder was permitted to make submissions ends; or if the holder makes submissions under subsection (2) —within 20 business days after the scheme manager receives the submissions. As soon as practicable after making the decision, the scheme manager must give the holder notice of the decision. If the scheme manager decides to change the annual review allocation day, the notice under subsection (7) must state— the annual review allocation day for the authority; and when the change to the annual review allocation day takes effect. s 41B ins 2024 No. 33 s 109 (sec.41B-ssec.1) The scheme manager may decide, on the scheme manager’s own initiative, to change the annual review allocation day for an authority to another day (the new day ). (sec.41B-ssec.2) The scheme manager must, before deciding to change the annual review allocation day to the new day, give the holder of the authority a notice (a notice of indicative decision ) stating— the new day; and the reasons for the proposed change; and that the holder may, within 20 business days after the notice of indicative decision is given— make submissions to the scheme manager about a matter mentioned in paragraph (a) or (b) ; or give the scheme manager notice that the holder accepts the new day as the annual review allocation day for the authority. (sec.41B-ssec.3) The scheme manager may extend the period mentioned in subsection (2) (c) by notice given to the holder. (sec.41B-ssec.4) In deciding whether to change the annual review allocation day to the new day, the scheme manager— must consider— the effect the new day will have on the operation of the scheme; and any administrative efficiencies the new day may achieve for the holder; and may consider any other matter the scheme manager considers relevant. (sec.41B-ssec.5) After considering any submissions made under subsection (2) , the scheme manager must decide— to change the annual review allocation day to the new day; or to change the annual review allocation day to another day agreed between the scheme manager and the holder; or not to change the annual review allocation day. (sec.41B-ssec.6) The scheme manager must make the decision— if the holder gives the scheme manager a notice under subsection (2) that the holder accepts the new day—within 5 business days after the scheme manager receives the notice; or if the holder does not make submissions under subsection (2) —within 5 business days after the period in which the holder was permitted to make submissions ends; or if the holder makes submissions under subsection (2) —within 20 business days after the scheme manager receives the submissions. (sec.41B-ssec.7) As soon as practicable after making the decision, the scheme manager must give the holder notice of the decision. (sec.41B-ssec.8) If the scheme manager decides to change the annual review allocation day, the notice under subsection (7) must state— the annual review allocation day for the authority; and when the change to the annual review allocation day takes effect.
A change to the annual review allocation day for an authority takes effect on the day stated in the notice given under section 41A (6) or 41B (7) for the authority. s 41C ins 2024 No. 33 s 109
This section applies if— a changed holder event happens or is proposed in relation to an authority; and the scheme manager is reviewing or deciding, under section 32 , the risk category allocation to which the authority is allocated. Sections 41A and 41B apply in relation to the changed holder as if a reference in the sections to the holder of an authority were a reference to the changed holder for the authority. However, a change to the annual review allocation day must not take effect before the changed holder allocation takes effect under section 37 . s 41D ins 2024 No. 33 s 109 (sec.41D-ssec.1) This section applies if— a changed holder event happens or is proposed in relation to an authority; and the scheme manager is reviewing or deciding, under section 32 , the risk category allocation to which the authority is allocated. (sec.41D-ssec.2) Sections 41A and 41B apply in relation to the changed holder as if a reference in the sections to the holder of an authority were a reference to the changed holder for the authority. (sec.41D-ssec.3) However, a change to the annual review allocation day must not take effect before the changed holder allocation takes effect under section 37 .
If the estimated rehabilitation cost for an authority is equal to or more than $100,000, the holder of the authority must give the scheme manager a notice under this section if a changed holder event happens in relation to the authority. Maximum penalty—100 penalty units. The notice must— state the details of the changed holder event; and include the other information prescribed by regulation. The notice must be given within 10 business days after— for a changed holder event of a type mentioned in section 31A (1) (a) —the application for approval of the prescribed dealing is made; or for a changed holder event of a type mentioned in section 31A (1) (b) —the notice of the notifiable dealing is given; or for a changed holder event of a type mentioned in section 31A (1) (c) or (d) —the event happens. If a notice under subsection (1) relates to a changed holder event of a type mentioned in section 31A (1) (c) or (d) , the scheme manager must give the chief executive (resources) a copy of the notice within 10 business days after the scheme manager receives the notice. s 42 sub 2020 No. 14 s 102 amd 2024 No. 33 s 110 (sec.42-ssec.1) If the estimated rehabilitation cost for an authority is equal to or more than $100,000, the holder of the authority must give the scheme manager a notice under this section if a changed holder event happens in relation to the authority. Maximum penalty—100 penalty units. (sec.42-ssec.2) The notice must— state the details of the changed holder event; and include the other information prescribed by regulation. (sec.42-ssec.3) The notice must be given within 10 business days after— for a changed holder event of a type mentioned in section 31A (1) (a) —the application for approval of the prescribed dealing is made; or for a changed holder event of a type mentioned in section 31A (1) (b) —the notice of the notifiable dealing is given; or for a changed holder event of a type mentioned in section 31A (1) (c) or (d) —the event happens. (sec.42-ssec.4) If a notice under subsection (1) relates to a changed holder event of a type mentioned in section 31A (1) (c) or (d) , the scheme manager must give the chief executive (resources) a copy of the notice within 10 business days after the scheme manager receives the notice.
This section applies to an authority if the resource activity for which the authority is given is authorised under any of the following resource authorities— a mining lease or mining development licence under the Mineral Resources Act 1989 ; an authority to prospect or petroleum lease under the Petroleum and Gas (Production and Safety) Act 2004 ; a geothermal production lease under the Geothermal Energy Act 2010 . The holder of the authority must give the scheme manager a notice under this section if, after the start of production under the resource authority— the holder ceases production under the resource authority and does not expect production to restart within 6 months after the cessation; or production has not been carried out under the resource authority for 6 months. Maximum penalty—100 penalty units. The notice must— state the details of the matter mentioned in subsection (2) ; and include the other information prescribed by regulation. The notice must be given within 10 business days after — for the matter mentioned in subsection (2) (a) —the holder ceases production; or for the matter mentioned in subsection (2) (b) —the end of the 6 month period mentioned in that subsection. In this section— production means— for a resource authority mentioned in subsection (1) (a) —an activity mentioned in the Mineral Resources Act 1989 , section 6A (1) (a) or (b) ; or for a resource authority mentioned in subsection (1) (b) —an activity mentioned in the Petroleum and Gas (Production and Safety) Act 2004 , section 15 ; or for a resource authority mentioned in subsection (1) (c) —an activity mentioned in the Geothermal Energy Act 2010 , section 14 . (sec.43-ssec.1) This section applies to an authority if the resource activity for which the authority is given is authorised under any of the following resource authorities— a mining lease or mining development licence under the Mineral Resources Act 1989 ; an authority to prospect or petroleum lease under the Petroleum and Gas (Production and Safety) Act 2004 ; a geothermal production lease under the Geothermal Energy Act 2010 . (sec.43-ssec.2) The holder of the authority must give the scheme manager a notice under this section if, after the start of production under the resource authority— the holder ceases production under the resource authority and does not expect production to restart within 6 months after the cessation; or production has not been carried out under the resource authority for 6 months. Maximum penalty—100 penalty units. (sec.43-ssec.3) The notice must— state the details of the matter mentioned in subsection (2) ; and include the other information prescribed by regulation. (sec.43-ssec.4) The notice must be given within 10 business days after — for the matter mentioned in subsection (2) (a) —the holder ceases production; or for the matter mentioned in subsection (2) (b) —the end of the 6 month period mentioned in that subsection. (sec.43-ssec.5) In this section— production means— for a resource authority mentioned in subsection (1) (a) —an activity mentioned in the Mineral Resources Act 1989 , section 6A (1) (a) or (b) ; or for a resource authority mentioned in subsection (1) (b) —an activity mentioned in the Petroleum and Gas (Production and Safety) Act 2004 , section 15 ; or for a resource authority mentioned in subsection (1) (c) —an activity mentioned in the Geothermal Energy Act 2010 , section 14 .
The scheme manager may, before making an allocation decision for an authority, require the holder of the authority to give the scheme manager further information or a document the scheme manager reasonably requires to make the decision. For an initial allocation decision, the scheme manager may exercise the power mentioned in subsection (1) at any time after the holder has applied for an ERC decision under the Environmental Protection Act 1994 , section 298 in relation to the authority. The requirement must— be made by notice given to the holder; and state a reasonable period of at least 10 business days within which the holder must comply with the requirement. The scheme manager may extend the period mentioned in subsection (3) (b) by notice given to the holder. The holder of the authority must, unless the holder has a reasonable excuse, comply with the requirement. Maximum penalty—100 penalty units. If the holder of the authority does not comply with the requirement, the scheme manager may make the decision without the further information or document. (sec.44-ssec.1) The scheme manager may, before making an allocation decision for an authority, require the holder of the authority to give the scheme manager further information or a document the scheme manager reasonably requires to make the decision. (sec.44-ssec.2) For an initial allocation decision, the scheme manager may exercise the power mentioned in subsection (1) at any time after the holder has applied for an ERC decision under the Environmental Protection Act 1994 , section 298 in relation to the authority. (sec.44-ssec.3) The requirement must— be made by notice given to the holder; and state a reasonable period of at least 10 business days within which the holder must comply with the requirement. (sec.44-ssec.4) The scheme manager may extend the period mentioned in subsection (3) (b) by notice given to the holder. (sec.44-ssec.5) The holder of the authority must, unless the holder has a reasonable excuse, comply with the requirement. Maximum penalty—100 penalty units. (sec.44-ssec.6) If the holder of the authority does not comply with the requirement, the scheme manager may make the decision without the further information or document.
The scheme manager may, before making a changed holder allocation for an authority, require an interested entity for the authority to give the scheme manager further information or a document the scheme manager reasonably requires to make the decision. The requirement must— be made by notice given to the interested entity; and state a reasonable period of at least 10 business days within which the interested entity must comply with the requirement. The scheme manager may extend the period mentioned in subsection (2) (b) by notice given to the interested entity. The interested entity must, unless the interested entity has a reasonable excuse, comply with the requirement. Maximum penalty—100 penalty units. If the interested entity does not comply with the requirement, the scheme manager may make the decision without the further information or document. s 45 amd 2024 No. 33 s 183 s ch 1 pt 2 (sec.45-ssec.1) The scheme manager may, before making a changed holder allocation for an authority, require an interested entity for the authority to give the scheme manager further information or a document the scheme manager reasonably requires to make the decision. (sec.45-ssec.2) The requirement must— be made by notice given to the interested entity; and state a reasonable period of at least 10 business days within which the interested entity must comply with the requirement. (sec.45-ssec.3) The scheme manager may extend the period mentioned in subsection (2) (b) by notice given to the interested entity. (sec.45-ssec.4) The interested entity must, unless the interested entity has a reasonable excuse, comply with the requirement. Maximum penalty—100 penalty units. (sec.45-ssec.5) If the interested entity does not comply with the requirement, the scheme manager may make the decision without the further information or document.
In this division— applicable holder , of an authority, means— if section 45B (1) or (2) applies in relation to the authority—the holder of the authority; or if section 45B (3) applies in relation to the authority—the changed holder of the authority. election period , in relation to an authority, means the period— starting on the day the applicable holder is given a notice under section 45C in relation to the authority; and ending on the earlier of the following— 20 business days after the applicable holder is given the notice under section 45C ; if the applicable holder gives a notice under section 45D (2) in relation to the authority—the day the notice is given. s 45A ins 2024 No. 33 s 111
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
This Act may be cited as the Mineral and Energy Resources (Financial Provisioning) Act 2018 .
This Act commences on a day to be fixed by proclamation.
The main purposes of this Act are— to provide for holders of authorities to pay a contribution to the scheme fund, or give a surety, for the authorities; and to provide a way to manage the risk to the State of incurring costs and expenses if the holder of an authority or small scale mining tenure does not comply with the holder’s obligations under the authority or tenure; and to provide a source of funds to the State for costs and expenses relating to preventing or minimising environmental harm, or rehabilitating or restoring the environment, or securing compliance with an authority or small scale mining tenure; and to provide a source of funds to the State for— remediation activities in relation to mining activities previously carried out on an abandoned mine site; and remediation activities in relation to an abandoned operating plant; and research that may contribute to the rehabilitation of land on which resource activities have been carried out; and to administer payments received by the State under the Environmental Protection Act 1994 for residual risks of land on which resource activities have been carried out. s 3 amd 2019 No. 17 s 213 ; 2020 No. 26 s 103 ; 2020 No. 14 s 218 sch 1
The main purposes are to be achieved by— establishing a financial provisioning scheme to deal with the environmental impacts of resource activities (the scheme ), including, for example— a scheme fund; and a cash surety account; and establishing a residual risks fund; and providing for the appointment of a person to manage the scheme and administer the residual risks fund; and providing for the person mentioned in paragraph (c) — for managing the scheme—to make payments from the scheme fund and the cash surety account, enter into surety arrangements, and call on and release sureties; and for administering the residual risks fund—to make payments from the residual risks fund. s 4 amd 2020 No. 26 s 104
This Act does not exclude, limit or otherwise affect the operation of the Environmental Protection Act 1994 unless this Act otherwise expressly provides. Without limiting subsection (1) , this Act does not exclude, limit or otherwise affect the duties, obligations, requirements or restrictions imposed, under the Environmental Protection Act 1994 , on the holder of an authority or small scale mining tenure. (sec.5-ssec.1) This Act does not exclude, limit or otherwise affect the operation of the Environmental Protection Act 1994 unless this Act otherwise expressly provides. (sec.5-ssec.2) Without limiting subsection (1) , this Act does not exclude, limit or otherwise affect the duties, obligations, requirements or restrictions imposed, under the Environmental Protection Act 1994 , on the holder of an authority or small scale mining tenure.
This Act does not affect or limit a civil right or remedy that exists apart from this Act, whether at common law or otherwise. Without limiting subsection (1) , compliance with this Act does not necessarily show that a civil obligation that exists apart from this Act has been satisfied or has not been breached. In addition, a breach of an obligation under this Act does not of itself give rise to an action for breach of statutory duty or another civil right or remedy. To remove any doubt, it is declared that nothing in this Act creates an obligation on the State to take action, or incur costs and expenses, to— prevent or minimise environmental harm or rehabilitate or restore the environment, in relation to the carrying out of an activity under an authority or small scale mining tenure; or secure compliance with an authority or small scale mining tenure. (sec.6-ssec.1) This Act does not affect or limit a civil right or remedy that exists apart from this Act, whether at common law or otherwise. (sec.6-ssec.2) Without limiting subsection (1) , compliance with this Act does not necessarily show that a civil obligation that exists apart from this Act has been satisfied or has not been breached. (sec.6-ssec.3) In addition, a breach of an obligation under this Act does not of itself give rise to an action for breach of statutory duty or another civil right or remedy. (sec.6-ssec.4) To remove any doubt, it is declared that nothing in this Act creates an obligation on the State to take action, or incur costs and expenses, to— prevent or minimise environmental harm or rehabilitate or restore the environment, in relation to the carrying out of an activity under an authority or small scale mining tenure; or secure compliance with an authority or small scale mining tenure.
The dictionary in schedule 1 defines particular words used in this Act.
The estimated rehabilitation cost , for an environmental authority for a resource activity (an authority ), is the amount of the estimated cost of the following, for an ERC period, as decided under the Environmental Protection Act 1994 , section 300 by the administering authority— rehabilitating the land on which the resource activity is carried out; preventing or minimising environmental harm, or rehabilitating or restoring the environment, in relation to the resource activity.
The total estimated rehabilitation cost , for an entity, is the sum of the estimated rehabilitation cost for each authority for which— a contribution to the scheme fund is payable; and the entity is the holder or, if there is more than 1 holder of the authority, the relevant holder.
The total estimated rehabilitation cost , for the State, is the sum of the estimated rehabilitation cost for each authority granted by the State.
The fund threshold applying to an authority is— the amount prescribed for the authority by regulation for this paragraph; or if no amount is prescribed under paragraph (a) for the authority—the amount under subsection (2) for the authority. The amount for subsection (1) (b) is— if the holder of the authority has a prescribed rating—$600m; or if the scheme manager considers the financial soundness of a parent corporation of the holder when making an allocation decision for the authority and the parent corporation has a prescribed rating—$600m; or for an authority for which there is more than 1 holder— if the scheme manager considers the financial soundness of any or all of the holders of the authority when making an allocation decision for the authority and at least 1 of the holders considered has a prescribed rating—$600m; or if the scheme manager considers the financial soundness of a parent corporation of any or all of the holders of the authority when making an allocation decision for the authority and at least 1 of the parent corporations considered has a prescribed rating—$600m; or in any other case—$450m. Before recommending to the Governor in Council that an amount be prescribed under subsection (1) (a) , the Minister must have regard to— the percentage of the State’s total estimated rehabilitation cost that the amount represents; and the number of holders of authorities affected by the amount; and the effect of the matters mentioned in paragraphs (a) and (b) on the financial viability of the scheme fund; and if the actuarial sustainability of the scheme has been investigated under section 73 —the actuary’s opinion, and the scheme manager’s recommendation, about whether the fund threshold applying to all or some of the authorities should be changed. In this section— prescribed rating , in relation to the holder of an authority, means a credit rating prescribed by regulation. s 11 amd 2024 No. 33 s 93 (sec.11-ssec.1) The fund threshold applying to an authority is— the amount prescribed for the authority by regulation for this paragraph; or if no amount is prescribed under paragraph (a) for the authority—the amount under subsection (2) for the authority. (sec.11-ssec.2) The amount for subsection (1) (b) is— if the holder of the authority has a prescribed rating—$600m; or if the scheme manager considers the financial soundness of a parent corporation of the holder when making an allocation decision for the authority and the parent corporation has a prescribed rating—$600m; or for an authority for which there is more than 1 holder— if the scheme manager considers the financial soundness of any or all of the holders of the authority when making an allocation decision for the authority and at least 1 of the holders considered has a prescribed rating—$600m; or if the scheme manager considers the financial soundness of a parent corporation of any or all of the holders of the authority when making an allocation decision for the authority and at least 1 of the parent corporations considered has a prescribed rating—$600m; or in any other case—$450m. (sec.11-ssec.3) Before recommending to the Governor in Council that an amount be prescribed under subsection (1) (a) , the Minister must have regard to— the percentage of the State’s total estimated rehabilitation cost that the amount represents; and the number of holders of authorities affected by the amount; and the effect of the matters mentioned in paragraphs (a) and (b) on the financial viability of the scheme fund; and if the actuarial sustainability of the scheme has been investigated under section 73 —the actuary’s opinion, and the scheme manager’s recommendation, about whether the fund threshold applying to all or some of the authorities should be changed. (sec.11-ssec.4) In this section— prescribed rating , in relation to the holder of an authority, means a credit rating prescribed by regulation.
This is an opening excerpt, not the complete document.