Tasmania bill

Mineral Resources Legislation (Ban on Fracking) Bill 2026

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Jurisdiction

Tasmania

Making Date

2026-01-01

Collection

bill

Parliamentary Progress

IntroducedFirst ReadingSecond ReadingCommitteePassed HousePassed SenatePassed BothRoyal Assent

Plain English Summary

2/10 complexity

**What this bill does (mechanically)

Inserts a new section (7A) into the Mineral Resources Development Act 1995 that forbids hydraulic fracturing ("fracking") in connection with mining activities except where the activity is for producing geothermal energy (s.7A(2)).
Defines key terms: "hydraulic fracturing" (covers injecting a substance under pressure, including water, and any process later prescribed as hydraulic fracturing) and "mining authorisation" (covers leases, licences and any authorisation under the Act for mining, investigation or research) (s.7A(1)).
Declares any term or condition in a mining authorisation that would allow fracking to be void (unenforceable) (s.7A(3)).
Makes the prohibition apply to authorisations issued before or after the section commences (retroactive application) (s.7A(4)).
Automatically repeals the Act one year after it commences (sunset clause) (s.5).

Who is affected

Holders of mining authorisations under the Mineral Resources Development Act 1995 (leases, licences, and other authorisations for mining, investigation or research) — they can no longer lawfully undertake hydraulic fracturing in connection with mining except for producing geothermal energy (s.7A(1)–(3)).
Prospective applicants for mining authorisations: regulators must not grant authorisations that would permit fracking for mining (s.7A(2)–(3)).
The government and enforcement agencies: they retain responsibility for implementing and enforcing the prohibition through the existing regulatory framework in the Principal Act; the bill itself does not add a new enforcement regime.

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Source excerpts

Direct links to excerpts of the current source text in Mineral Resources Legislation (Ban on Fracking) Bill 2026.

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Document excerpt 1

Mineral Resources Legislation (Ban on Fracking) Bill 2026

[Bill 4]-VI TASMANIA

MINERAL RESOURCES LEGISLATION (BAN ON FRACKING) BILL 2026

CONTENTS

Short title
Commencement
Principal Act
Section 7A inserted 7A. Application of Act to certain activities
Repeal of Act

[Bill 4] 3 MINERAL RESOURCES LEGISLATION (BAN ON FRACKING) BILL 2026 (Brought in by Tabatha Anne Badger, MP) A BILL FOR An Act to amend the Mineral Resources Development Act 1995 Be it enacted by Her Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

Short title This Act may be cited as the Mineral Resources Legislation (Ban on Fracking) Act 2026.
Commencement This Act commences on the day on which this Act receives the Royal Assent.
Principal Act In this Act, the Mineral Resources Development Act 1995* is referred to as the Principal Act.

*No. 116 of 1995

Mineral Resources Legislation (Ban on Fracking) Act 2026 Act No. of 2026 s. 4 4 4. Section 7A inserted After section 7 of the Principal Act, the following section is inserted in Part 1: 7A. Application of Act to certain activities (1) In this section – hydraulic fracturing includes – (a) the process of injecting a substance, including water, into a bore under pressure for the purposes of stimulating a geological formation; and (b) a process that is prescribed as hydraulic fracturing for the purposes of this definition; mining authorisation includes – (a) a lease; and (b) a licence; and (c) an authorisation under this Act to undertake mining, investigation or research. (2) A mining authorisation under this Act does not authorise a person to undertake hydraulic fracturing while carrying out

Mineral Resources Legislation (Ban on Fracking) Act 2026 Act No. of 2026 s. 5 5 an activity, other than producing geothermal energy, under the authority of the mining authorisation. (3) A term or condition of a mining authorisation is void to the extent that the term or condition – (a) allows, permits or approves the undertaking of hydraulic fracturing while carrying out an activity, other than producing geothermal energy, under the authority of the mining authorisation; or (b) purports to allow, permit or approve the undertaking of hydraulic fracturing while carrying out an activity, other than producing geothermal energy, under the authority of the mining authorisation. (4) For the avoidance of doubt, this section applies to a mining authorisation regardless of whether the mining authorisation was issued, granted or given before or after the commencement of this section. 5. Repeal of Act This Act is repealed on the first anniversary of the day on which this Act commenced. Government Printer, Tasmania

Source text

Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.