North Stradbroke Island Protection and Sustainability Act 2011
In ForceQLD
Jurisdiction
Queensland
Act Number
11 of 2011
Collection
act
Plain English Summary
7/10 complexity
This Act phases out sand‑mining on North Stradbroke Island by ending or preventing renewal of specified mining interests and by restricting where and how mining can occur (object s.2; ss.8–14; s.17). It primarily affects mining leaseholders, the State, registered native title bodies and the local economy. The Act states its aims—to protect environment, create jointly managed areas with traditional owners and help economic transition (s.2)—while imposing compliance steps, time‑limited authorisations and ministerial decisions that shift costs to leaseholders and regulated parties (s.6, s.19, s.24).
This Act establishes a statutory regime that phases out mining activity in the North Stradbroke Island Region, prescribes how existing mining interests are to be treated, creates binding statutory conditions for a specified environmental authority, and constrains future grants or renewals of mining rights in that region.
Mechanically, the Act does the following (source references in parentheses):
Declares its object to manage the duration of mining interests in the North Stradbroke Island Region and end mining in the region by 31 December 2019, while protecting and restoring environmental values, facilitating staged joint management with traditional owners, and assisting economic transition (s 2).
Defines the North Stradbroke Island Region by reference to a specific map held by the department (NSI 1) and requires that the exact boundary be maintained in digital form by the department (s 5).
Limits legal remedies for affected parties by expressly providing that no compensation is payable by the State for enactment or operation of Part 2 (s 6).
Provides that Part 2 applies to NSI mining interests and operates despite the Mineral Resources Act or any other Act or law (s 7).
Terminates, prevents renewal and prevents fresh grants of NSI mining interests after commencement, subject to specific transitional renewals and variations set out in the schedules to the Act (ss 8-14; schedules 1 and 2 are operative for particular leases).
Imposes statutory conditions on environmental authority EPML00575913, confining the winning of mineral to a defined restricted mine path, restricting dredging and disturbance to defined subareas, and limiting the winning of mineral to operations no later than 31 December 2019 (s 17).
Current sections
Direct links to the current provisions in North Stradbroke Island Protection and Sustainability Act 2011.
44
pt.1
Preliminary
Preliminary
pt.1-div.1
Introduction and object of Act
Introduction and object of Act
sec.1
Short title
sec.1 Short title
This Act may be cited as the North Stradbroke Island Protection and Sustainability Act 2011 .
sec.2
Object of Act
sec.2 Object of Act
The object of this Act is to manage the duration of mining interests over land in the North Stradbroke Island Region, and end mining in the region by the end of 2019—
to protect and restore environmental values of the region; and
to facilitate, under other Acts, the staged creation of areas to be jointly managed by the State and the traditional owners of the region; and
to assist the transition of the economy of the region from reliance on the mining industry to other industries.
s 2 amd 2013 No. 63 s 4 ; 2016 No. 32 s 5
(a) to protect and restore environmental values of the region; and
(b) to facilitate, under other Acts, the staged creation of areas to be jointly managed by the State and the traditional owners of the region; and
(c) to assist the transition of the economy of the region from reliance on the mining industry to other industries.
sec.3
Act binds all persons
sec.3 Act binds all persons
This Act binds all persons including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States.
pt.1-div.2
Interpretation
Interpretation
sec.4
Dictionary
sec.4 Dictionary
The dictionary in schedule 3 defines particular words used in this Act.
sec.5
Meaning of North Stradbroke Island Region
sec.5 Meaning of North Stradbroke Island Region
The North Stradbroke Island Region is the part of the State shown as ‘Area A’ and ‘Area B’ on the map titled ‘NSI 1’ approved by the chief executive on 18 March 2011 and held by the department.
The map titled ‘NSI 1’ may be viewed on the department’s website at www.dnrm.qld.gov.au.
The exact location of the boundary of the North Stradbroke Island Region is held in digital electronic form by the department.
The information held in digital electronic form can be reduced or enlarged to show the details of the boundary.
s 5 amd 2013 No. 63 s 5
(sec.5-ssec.1) The North Stradbroke Island Region is the part of the State shown as ‘Area A’ and ‘Area B’ on the map titled ‘NSI 1’ approved by the chief executive on 18 March 2011 and held by the department. The map titled ‘NSI 1’ may be viewed on the department’s website at www.dnrm.qld.gov.au.
(sec.5-ssec.2) The exact location of the boundary of the North Stradbroke Island Region is held in digital electronic form by the department.
(sec.5-ssec.3) The information held in digital electronic form can be reduced or enlarged to show the details of the boundary.
pt.2
Dealing with mining interests in the North Stradbroke Island Region
Dealing with mining interests in the North Stradbroke Island Region
pt.2-div.1
General provision
General provision
sec.6
No compensation
sec.6 No compensation
No amount, whether as compensation, reimbursement or otherwise, is payable by the State to any person for or in connection with the enactment or operation of this part.
pt.2-div.2
Provisions about mining interests
Provisions about mining interests
sec.7
Application of pt 2
sec.7 Application of pt 2
This part applies—
in relation to an NSI mining interest, including the granting of an NSI mining interest; and
despite the Mineral Resources Act or any other Act or law.
(a) in relation to an NSI mining interest, including the granting of an NSI mining interest; and
(b) despite the Mineral Resources Act or any other Act or law.
sec.8
Termination of particular NSI mining interests
sec.8 Termination of particular NSI mining interests
This section applies to an NSI mining interest if, under the Mineral Resources Act , the term of the mining interest would, apart from this section, and unless ended sooner for any reason, end after 31 December 2019.
This section does not apply to the following mining leases—
1105;
1108;
1109;
1124;
7064
The term of the NSI mining interest, unless ended sooner for any reason, ends at the end of 31 December 2019, and the mining interest can not at any time be renewed.
The holder of the NSI mining interest may not at any time apply for a renewal of the mining interest under the Mineral Resources Act after the commencement.
(sec.8-ssec.1) This section applies to an NSI mining interest if, under the Mineral Resources Act , the term of the mining interest would, apart from this section, and unless ended sooner for any reason, end after 31 December 2019.
(sec.8-ssec.2) This section does not apply to the following mining leases— 1105; 1108; 1109; 1124; 7064
(sec.8-ssec.3) The term of the NSI mining interest, unless ended sooner for any reason, ends at the end of 31 December 2019, and the mining interest can not at any time be renewed.
(sec.8-ssec.4) The holder of the NSI mining interest may not at any time apply for a renewal of the mining interest under the Mineral Resources Act after the commencement.
(a) 1105;
(b) 1108;
(c) 1109;
(d) 1124;
(e) 7064
sec.9
Termination of mining lease 1109
sec.9 Termination of mining lease 1109
The term of mining lease 1109, unless ended sooner for any reason, ends on the commencement of the North Stradbroke Island Protection and Sustainability and Other Acts Amendment Act 2016 , part 2 .
The holder of mining lease 1109 may not at any time apply for a renewal of the mining lease under the Mineral Resources Act .
s 9 amd 2013 No. 63 s 6 ; 2016 No. 32 s 6
(sec.9-ssec.1) The term of mining lease 1109, unless ended sooner for any reason, ends on the commencement of the North Stradbroke Island Protection and Sustainability and Other Acts Amendment Act 2016 , part 2 .
(sec.9-ssec.2) The holder of mining lease 1109 may not at any time apply for a renewal of the mining lease under the Mineral Resources Act .
sec.10
Particular NSI mining interests not to be renewed
sec.10 Particular NSI mining interests not to be renewed
An application for renewal of a relevant NSI mining interest made under the Mineral Resources Act but not decided before the commencement—
can not be further dealt with under that Act; and
is taken to have been withdrawn by the applicant on the commencement.
The holder of a relevant NSI mining interest may not apply for a renewal of the mining interest under the Mineral Resources Act after the commencement.
A renewal of a relevant NSI mining interest can not be granted under the Mineral Resources Act .
In this section—
holder , of a relevant NSI mining interest, means the holder of the mining interest under the Mineral Resources Act .
relevant NSI mining interest means an NSI mining interest in force on the commencement other than the following—
an NSI mining interest mentioned in schedule 1 , column 1;
an NSI mining interest mentioned in schedule 2 , column 1;
a mining interest to which section 8 or 9 applies.
s 10 amd 2013 No. 63 s 7 ; 2016 No. 32 s 7
(sec.10-ssec.1) An application for renewal of a relevant NSI mining interest made under the Mineral Resources Act but not decided before the commencement— can not be further dealt with under that Act; and is taken to have been withdrawn by the applicant on the commencement.
(sec.10-ssec.2) The holder of a relevant NSI mining interest may not apply for a renewal of the mining interest under the Mineral Resources Act after the commencement.
(sec.10-ssec.3) A renewal of a relevant NSI mining interest can not be granted under the Mineral Resources Act .
(sec.10-ssec.4) In this section— holder , of a relevant NSI mining interest, means the holder of the mining interest under the Mineral Resources Act . relevant NSI mining interest means an NSI mining interest in force on the commencement other than the following— an NSI mining interest mentioned in schedule 1 , column 1; an NSI mining interest mentioned in schedule 2 , column 1; a mining interest to which section 8 or 9 applies.
(a) can not be further dealt with under that Act; and
(b) is taken to have been withdrawn by the applicant on the commencement.
(a) an NSI mining interest mentioned in schedule 1 , column 1;
(b) an NSI mining interest mentioned in schedule 2 , column 1;
(c) a mining interest to which section 8 or 9 applies.
sec.11
Renewal of particular NSI mining leases
sec.11 Renewal of particular NSI mining leases
On the commencement, each mining lease mentioned in schedule 1 , column 1 is taken to have been renewed under the Mineral Resources Act .
The mining lease is renewed—
for the term stated opposite the mining lease in schedule 1 , column 2; and
subject to—
each condition stated opposite the mining lease in schedule 1 , column 3; and
any condition to which the mining lease was subject immediately before the renewal.
The renewals have effect as if they were granted by the Governor in Council under the Mineral Resources Act .
If there is an inconsistency between a condition mentioned in subsection (2) (b) (i) and a condition mentioned in subsection (2) (b) (ii) , the condition mentioned in subsection (2) (b) (i) prevails to the extent of the inconsistency.
A mining lease mentioned in schedule 1 , column 1 can not at any time be renewed after the end of the term stated opposite the mining lease in schedule 1 , column 2.
The holder of a mining lease mentioned in schedule 1 , column 1 may not at any time apply for a renewal of the mining lease under the Mineral Resources Act after the commencement.
This section does not limit the application of any provisions of the Mineral Resources Act to the renewed mining lease including, for example, provisions about cancelling a mining lease or reducing its area.
The renewal of each lease does not create any rights in addition to the rights created in the initial granting of the relevant lease.
s 11 amd 2013 No. 63 s 8 ; 2016 No. 32 s 8
(sec.11-ssec.1) On the commencement, each mining lease mentioned in schedule 1 , column 1 is taken to have been renewed under the Mineral Resources Act .
(sec.11-ssec.2) The mining lease is renewed— for the term stated opposite the mining lease in schedule 1 , column 2; and subject to— each condition stated opposite the mining lease in schedule 1 , column 3; and any condition to which the mining lease was subject immediately before the renewal.
(sec.11-ssec.3) The renewals have effect as if they were granted by the Governor in Council under the Mineral Resources Act .
(sec.11-ssec.4) If there is an inconsistency between a condition mentioned in subsection (2) (b) (i) and a condition mentioned in subsection (2) (b) (ii) , the condition mentioned in subsection (2) (b) (i) prevails to the extent of the inconsistency.
(sec.11-ssec.5) A mining lease mentioned in schedule 1 , column 1 can not at any time be renewed after the end of the term stated opposite the mining lease in schedule 1 , column 2.
(sec.11-ssec.6) The holder of a mining lease mentioned in schedule 1 , column 1 may not at any time apply for a renewal of the mining lease under the Mineral Resources Act after the commencement.
(sec.11-ssec.7) This section does not limit the application of any provisions of the Mineral Resources Act to the renewed mining lease including, for example, provisions about cancelling a mining lease or reducing its area.
(sec.11-ssec.8) The renewal of each lease does not create any rights in addition to the rights created in the initial granting of the relevant lease.
(a) for the term stated opposite the mining lease in schedule 1 , column 2; and
(b) subject to— (i) each condition stated opposite the mining lease in schedule 1 , column 3; and (ii) any condition to which the mining lease was subject immediately before the renewal.
(i) each condition stated opposite the mining lease in schedule 1 , column 3; and
(ii) any condition to which the mining lease was subject immediately before the renewal.
(i) each condition stated opposite the mining lease in schedule 1 , column 3; and
(ii) any condition to which the mining lease was subject immediately before the renewal.
sec.11A
Part of mining lease 1120 subject to particular condition for renewal
sec.11A Part of mining lease 1120 subject to particular condition for renewal
On and from the commencement, mining lease 1120 is subject to the condition stated opposite the mining lease in schedule 1 , column 3 only in relation to the area of land, over which the lease is granted, that is outside the restricted mine path for the mining lease.
s 11A ins 2013 No. 63 s 9
sub 2016 No. 32 s 9
sec.11B
Section sec.11B
s 11B ins 2013 No. 63 s 9
om 2016 No. 32 s 10
sec.11C
Section sec.11C
s 11C ins 2013 No. 63 s 9
om 2016 No. 32 s 10
sec.11D
Section sec.11D
s 11D ins 2013 No. 63 s 9
om 2016 No. 32 s 10
sec.11E
Section sec.11E
s 11E ins 2013 No. 63 s 9
om 2016 No. 32 s 10
sec.11F
Section sec.11F
s 11F ins 2013 No. 63 s 9
om 2016 No. 32 s 10
sec.11G
Section sec.11G
s 11G ins 2013 No. 63 s 9
om 2016 No. 32 s 10
sec.11H
Section sec.11H
s 11H ins 2013 No. 63 s 9
om 2016 No. 32 s 10
sec.11I
Section sec.11I
s 11I ins 2013 No. 63 s 9
om 2016 No. 32 s 10
sec.11J
Section sec.11J
s 11J ins 2013 No. 63 s 9
om 2016 No. 32 s 10
sec.12
Variation of conditions for particular NSI mining leases
sec.12 Variation of conditions for particular NSI mining leases
On the commencement, the conditions of each mining lease mentioned in schedule 2 , column 1 are varied as follows—
the term of the mining lease is varied to be the term stated opposite the mining lease in schedule 2 , column 2;
from the day the mining lease would have expired apart from this section, the conditions of the mining lease are varied to include each condition stated opposite the mining lease in schedule 2 , column 3.
The variations of the conditions of the mining leases have effect as if they were made by the Governor in Council under the Mineral Resources Act , section 294 .
If there is an inconsistency between a condition mentioned in subsection (1) (b) and a condition to which the mining lease was subject immediately before the variation of the term of the mining lease, the condition mentioned in subsection (1) (b) prevails to the extent of the inconsistency.
A mining lease mentioned in schedule 2 , column 1 can not at any time be renewed after the end of the term stated opposite the mining lease in schedule 2 , column 2.
The holder of a mining lease mentioned in schedule 2 , column 1 may not at any time apply for a renewal of the mining lease under the Mineral Resources Act after the commencement.
This section does not limit the application of any provisions of the Mineral Resources Act to the mining lease as varied by this section including, for example, provisions about cancelling a mining lease or reducing its area.
The variation of the conditions of each lease does not create any rights in addition to the rights created in the initial granting of the relevant lease.
(sec.12-ssec.1) On the commencement, the conditions of each mining lease mentioned in schedule 2 , column 1 are varied as follows— the term of the mining lease is varied to be the term stated opposite the mining lease in schedule 2 , column 2; from the day the mining lease would have expired apart from this section, the conditions of the mining lease are varied to include each condition stated opposite the mining lease in schedule 2 , column 3.
(sec.12-ssec.2) The variations of the conditions of the mining leases have effect as if they were made by the Governor in Council under the Mineral Resources Act , section 294 .
(sec.12-ssec.3) If there is an inconsistency between a condition mentioned in subsection (1) (b) and a condition to which the mining lease was subject immediately before the variation of the term of the mining lease, the condition mentioned in subsection (1) (b) prevails to the extent of the inconsistency.
(sec.12-ssec.4) A mining lease mentioned in schedule 2 , column 1 can not at any time be renewed after the end of the term stated opposite the mining lease in schedule 2 , column 2.
(sec.12-ssec.5) The holder of a mining lease mentioned in schedule 2 , column 1 may not at any time apply for a renewal of the mining lease under the Mineral Resources Act after the commencement.
(sec.12-ssec.6) This section does not limit the application of any provisions of the Mineral Resources Act to the mining lease as varied by this section including, for example, provisions about cancelling a mining lease or reducing its area.
(sec.12-ssec.7) The variation of the conditions of each lease does not create any rights in addition to the rights created in the initial granting of the relevant lease.
(a) the term of the mining lease is varied to be the term stated opposite the mining lease in schedule 2 , column 2;
(b) from the day the mining lease would have expired apart from this section, the conditions of the mining lease are varied to include each condition stated opposite the mining lease in schedule 2 , column 3.
sec.13
Dealing with applications for grant of NSI mining interest
sec.13 Dealing with applications for grant of NSI mining interest
An application for the grant under the Mineral Resources Act of an NSI mining interest made but not decided before the commencement—
can not be further dealt with under that Act; and
is taken to have been withdrawn by the applicant on the commencement.
A person can not apply under the Mineral Resources Act , the Petroleum Act 1923 or the Petroleum and Gas (Production and Safety) Act 2004 for a grant of an NSI mining interest after the commencement.
(sec.13-ssec.1) An application for the grant under the Mineral Resources Act of an NSI mining interest made but not decided before the commencement— can not be further dealt with under that Act; and is taken to have been withdrawn by the applicant on the commencement.
(sec.13-ssec.2) A person can not apply under the Mineral Resources Act , the Petroleum Act 1923 or the Petroleum and Gas (Production and Safety) Act 2004 for a grant of an NSI mining interest after the commencement.
(a) can not be further dealt with under that Act; and
(b) is taken to have been withdrawn by the applicant on the commencement.
sec.14
Prohibition on grant of NSI mining interest
sec.14 Prohibition on grant of NSI mining interest
An NSI mining interest can not be granted.
In this section—
NSI mining interest does not include an authorisation under the Mineral Resources Act , section 344C or 344D over land in the North Stradbroke Island Region.
s 14 amd 2013 No. 63 s 10 ; 2016 No. 32 s 11 ; 2020 No. 14 s 218 sch 1
(sec.14-ssec.1) An NSI mining interest can not be granted.
(sec.14-ssec.2) In this section— NSI mining interest does not include an authorisation under the Mineral Resources Act , section 344C or 344D over land in the North Stradbroke Island Region.
pt.2-div.3
Provisions about particular environmental authority
Provisions about particular environmental authority
sec.15
Purpose of div 3
sec.15 Purpose of div 3
The purpose of this division is to provide for the restriction of the winning of a mineral in relation to a particular environmental authority for mining activities on North Stradbroke Island.
s 15 amd 2013 No. 63 s 11 ; 2016 No. 32 s 12
sec.16
Definitions for division
sec.16 Definitions for division
In this division—
limit of disturbance , for an Enterprise Mine lease, means—
the area shown as the limit of disturbance for the lease on the restricted mine path map; or
if the area mentioned in paragraph (a) is amended under section 19 —the area as amended.
restricted mine path map area , for an Enterprise Mine lease, means any of the following for the lease—
the dredge path;
the dry mining area;
the limit of disturbance.
threatened ecosystem means an ecosystem identified, by reference to the ecosystem’s biodiversity status, as one of the following in the database known as the Regional Ecosystem Description Database kept by the department—
an endangered dominant ecosystem;
an endangered sub-dominant ecosystem;
an of concern dominant ecosystem;
an of concern sub-dominant ecosystem.
The Regional Ecosystem Description Database is available for inspection—
during office hours, at the Queensland Herbarium, Brisbane Botanic Gardens, Mt Coot-tha Road, Toowong and each regional office of the department; and
on the department’s website.
s 16 prev s 16 om 2013 No. 63 s 12
pres s 16 ins 2016 No. 32 s 13
(a) the area shown as the limit of disturbance for the lease on the restricted mine path map; or
(b) if the area mentioned in paragraph (a) is amended under section 19 —the area as amended.
(a) the dredge path;
(b) the dry mining area;
(c) the limit of disturbance.
(a) an endangered dominant ecosystem;
(b) an endangered sub-dominant ecosystem;
(c) an of concern dominant ecosystem;
(d) an of concern sub-dominant ecosystem.
(a) during office hours, at the Queensland Herbarium, Brisbane Botanic Gardens, Mt Coot-tha Road, Toowong and each regional office of the department; and
(b) on the department’s website.
sec.17
Statutory conditions of environmental authority for Enterprise Mine
sec.17 Statutory conditions of environmental authority for Enterprise Mine
Environmental authority EPML00575913 is taken to include the following conditions (the statutory conditions )—
subject to paragraph (c) , mining activities that are the winning of a mineral from the place where it occurs may be conducted only within the restricted mine path for an Enterprise Mine lease;
mining activities that are the winning of a mineral from the place where it occurs within the restricted mine path for an Enterprise Mine lease may be conducted only until the end of 31 December 2019;
dredging may be conducted only within the dredge path;
disturbance of land may only occur within the limit of disturbance.
If a condition of environmental authority EPML00575913 is inconsistent with a statutory condition, the statutory condition prevails to the extent of the inconsistency.
The administering authority for the environmental authority under the Environmental Protection Act may amend the environmental authority to ensure it is consistent with the statutory conditions.
In this section—
disturbance of land means any of the following—
compacting, removing, covering, exposing or stockpiling earth;
removing or destroying vegetation or topsoil from land to an extent that the land is susceptible to erosion;
carrying out mining;
submerging an area with tailings or waste;
constructing infrastructure on land, including roads, tracks, bridges, culverts, dams, buildings, fixed machinery, hardstand areas, airstrips, and helipads;
releasing contaminants into the soil or subsoil.
s 17 sub 2013 No. 63 s 12 ; 2016 No. 32 s 13
(sec.17-ssec.1) Environmental authority EPML00575913 is taken to include the following conditions (the statutory conditions )— subject to paragraph (c) , mining activities that are the winning of a mineral from the place where it occurs may be conducted only within the restricted mine path for an Enterprise Mine lease; mining activities that are the winning of a mineral from the place where it occurs within the restricted mine path for an Enterprise Mine lease may be conducted only until the end of 31 December 2019; dredging may be conducted only within the dredge path; disturbance of land may only occur within the limit of disturbance.
(sec.17-ssec.2) If a condition of environmental authority EPML00575913 is inconsistent with a statutory condition, the statutory condition prevails to the extent of the inconsistency.
(sec.17-ssec.3) The administering authority for the environmental authority under the Environmental Protection Act may amend the environmental authority to ensure it is consistent with the statutory conditions.
(sec.17-ssec.4) In this section— disturbance of land means any of the following— compacting, removing, covering, exposing or stockpiling earth; removing or destroying vegetation or topsoil from land to an extent that the land is susceptible to erosion; carrying out mining; submerging an area with tailings or waste; constructing infrastructure on land, including roads, tracks, bridges, culverts, dams, buildings, fixed machinery, hardstand areas, airstrips, and helipads; releasing contaminants into the soil or subsoil.
(a) subject to paragraph (c) , mining activities that are the winning of a mineral from the place where it occurs may be conducted only within the restricted mine path for an Enterprise Mine lease;
(b) mining activities that are the winning of a mineral from the place where it occurs within the restricted mine path for an Enterprise Mine lease may be conducted only until the end of 31 December 2019;
(c) dredging may be conducted only within the dredge path;
(d) disturbance of land may only occur within the limit of disturbance.
(a) compacting, removing, covering, exposing or stockpiling earth;
(b) removing or destroying vegetation or topsoil from land to an extent that the land is susceptible to erosion;
(c) carrying out mining;
(d) submerging an area with tailings or waste;
(e) constructing infrastructure on land, including roads, tracks, bridges, culverts, dams, buildings, fixed machinery, hardstand areas, airstrips, and helipads;
(f) releasing contaminants into the soil or subsoil.
sec.18
Application by Enterprise Mine lease holder to amend restricted mine path map area
sec.18 Application by Enterprise Mine lease holder to amend restricted mine path map area
The holder of an Enterprise Mine lease may, within 6 months after the commencement, apply to the Minister to amend a restricted mine path map area for the lease to add an area of land to, or remove an area of land from, the restricted mine path map area.
The holder may apply under subsection (1) only once.
The application must be—
in the approved form for an amendment application under the Environmental Protection Act , section 224 ; and
accompanied by—
if land is proposed to be added to the restricted mine path map area—a cultural heritage study for the land; and
a map showing the location of any threatened ecosystem that may be affected by the proposed amendment; and
supported by enough information to allow the Minister to decide the application.
In this section—
cultural heritage study see the Aboriginal Cultural Heritage Act 2003 , schedule 2 .
s 18 prev s 18 om 2013 No. 63 s 12
pres s 18 ins 2016 No. 32 s 13
(sec.18-ssec.1) The holder of an Enterprise Mine lease may, within 6 months after the commencement, apply to the Minister to amend a restricted mine path map area for the lease to add an area of land to, or remove an area of land from, the restricted mine path map area.
(sec.18-ssec.2) The holder may apply under subsection (1) only once.
(sec.18-ssec.3) The application must be— in the approved form for an amendment application under the Environmental Protection Act , section 224 ; and accompanied by— if land is proposed to be added to the restricted mine path map area—a cultural heritage study for the land; and a map showing the location of any threatened ecosystem that may be affected by the proposed amendment; and supported by enough information to allow the Minister to decide the application.
(sec.18-ssec.4) In this section— cultural heritage study see the Aboriginal Cultural Heritage Act 2003 , schedule 2 .
(a) in the approved form for an amendment application under the Environmental Protection Act , section 224 ; and
(b) accompanied by— (i) if land is proposed to be added to the restricted mine path map area—a cultural heritage study for the land; and (ii) a map showing the location of any threatened ecosystem that may be affected by the proposed amendment; and
(i) if land is proposed to be added to the restricted mine path map area—a cultural heritage study for the land; and
(ii) a map showing the location of any threatened ecosystem that may be affected by the proposed amendment; and
(c) supported by enough information to allow the Minister to decide the application.
(i) if land is proposed to be added to the restricted mine path map area—a cultural heritage study for the land; and
(ii) a map showing the location of any threatened ecosystem that may be affected by the proposed amendment; and
sec.19
Minister to decide application
sec.19 Minister to decide application
The Minister must, within 20 business days after receiving an application under section 18 (1) , decide to grant or refuse the application.
The Minister may amend the restricted mine path map area to add an area of land only if—
the land proposed to be added is not, or does not include, a threatened ecosystem; and
the Minister is satisfied that, compared to any adverse impact of the restricted mine path map area before the addition of the land, the amended area is not likely to have a significantly greater adverse impact on—
Aboriginal cultural heritage; or
a threatened ecosystem; and
the addition of the land will not result in the total area of the restricted mine path for an Enterprise Mine lease, or the total area of the limit of disturbance, being increased in size; and
the addition of the land is consistent with the conditions applying under environmental authority EPML00575913; and
there is an ILUA in relation to the land between—
the holder of the Enterprise Mine lease; and
a registered native title body corporate for the land.
In this section—
Aboriginal cultural heritage see the Aboriginal Cultural Heritage Act 2003 , section 8 .
ILUA means an indigenous land use agreement for which an application for registration, on the Register of Indigenous Land Use Agreements, has been made under the Native Title Act 1993 (Cwlth) .
s 19 prev s 19 om 2013 No. 63 s 12
pres s 19 ins 2016 No. 32 s 13
(sec.19-ssec.1) The Minister must, within 20 business days after receiving an application under section 18 (1) , decide to grant or refuse the application.
(sec.19-ssec.2) The Minister may amend the restricted mine path map area to add an area of land only if— the land proposed to be added is not, or does not include, a threatened ecosystem; and the Minister is satisfied that, compared to any adverse impact of the restricted mine path map area before the addition of the land, the amended area is not likely to have a significantly greater adverse impact on— Aboriginal cultural heritage; or a threatened ecosystem; and the addition of the land will not result in the total area of the restricted mine path for an Enterprise Mine lease, or the total area of the limit of disturbance, being increased in size; and the addition of the land is consistent with the conditions applying under environmental authority EPML00575913; and there is an ILUA in relation to the land between— the holder of the Enterprise Mine lease; and a registered native title body corporate for the land.
(sec.19-ssec.3) In this section— Aboriginal cultural heritage see the Aboriginal Cultural Heritage Act 2003 , section 8 . ILUA means an indigenous land use agreement for which an application for registration, on the Register of Indigenous Land Use Agreements, has been made under the Native Title Act 1993 (Cwlth) .
(a) the land proposed to be added is not, or does not include, a threatened ecosystem; and
(b) the Minister is satisfied that, compared to any adverse impact of the restricted mine path map area before the addition of the land, the amended area is not likely to have a significantly greater adverse impact on— (i) Aboriginal cultural heritage; or (ii) a threatened ecosystem; and
(i) Aboriginal cultural heritage; or
(ii) a threatened ecosystem; and
(c) the addition of the land will not result in the total area of the restricted mine path for an Enterprise Mine lease, or the total area of the limit of disturbance, being increased in size; and
(d) the addition of the land is consistent with the conditions applying under environmental authority EPML00575913; and
(e) there is an ILUA in relation to the land between— (i) the holder of the Enterprise Mine lease; and (ii) a registered native title body corporate for the land.
(i) the holder of the Enterprise Mine lease; and
(ii) a registered native title body corporate for the land.
(i) Aboriginal cultural heritage; or
(ii) a threatened ecosystem; and
(i) the holder of the Enterprise Mine lease; and
(ii) a registered native title body corporate for the land.
sec.20
Steps after making decision
sec.20 Steps after making decision
If the Minister decides to grant the application, the Minister must, within 10 business days after making the decision—
amend the environmental authority to give effect to the amendment of the restricted mine path map area; and
record particulars of the amendment in the appropriate register under the Environmental Protection Act , section 540 , as if the environmental authority had been amended under that Act; and
give the applicant a copy of the amended environmental authority.
The amendment takes effect on—
the day the Minister decides the application under section 19 ; or
if a later day is stated in the environmental authority—the later day.
If the Minister decides to refuse the application, the Minister must, within 10 business days after making the decision, give the applicant written notice of the decision.
s 20 prev s 20 om 2013 No. 63 s 12
pres s 20 ins 2016 No. 32 s 13
(sec.20-ssec.1) If the Minister decides to grant the application, the Minister must, within 10 business days after making the decision— amend the environmental authority to give effect to the amendment of the restricted mine path map area; and record particulars of the amendment in the appropriate register under the Environmental Protection Act , section 540 , as if the environmental authority had been amended under that Act; and give the applicant a copy of the amended environmental authority.
(sec.20-ssec.2) The amendment takes effect on— the day the Minister decides the application under section 19 ; or if a later day is stated in the environmental authority—the later day.
(sec.20-ssec.3) If the Minister decides to refuse the application, the Minister must, within 10 business days after making the decision, give the applicant written notice of the decision.
(a) amend the environmental authority to give effect to the amendment of the restricted mine path map area; and
(b) record particulars of the amendment in the appropriate register under the Environmental Protection Act , section 540 , as if the environmental authority had been amended under that Act; and
(c) give the applicant a copy of the amended environmental authority.
(a) the day the Minister decides the application under section 19 ; or
(b) if a later day is stated in the environmental authority—the later day.
sec.21
Application to amend environmental authority under the Environmental Protection Act
sec.21 Application to amend environmental authority under the Environmental Protection Act
Sections 17 , 18 and 19 do not stop the holder of environmental authority EPML00575913, whether or not amended under section 19 , from applying to amend the environmental authority under the Environmental Protection Act , chapter 5 , part 7 .
However, an amendment of the environmental authority under the Environmental Protection Act can not be made if the amendment would—
amend a restricted mine path map area; or
amend a condition of the environmental authority mentioned in section 17 (1) .
This section applies despite any provision of the Environmental Protection Act or any other Act or law.
s 21 prev amd 2012 No. 16 s 78 sch
om 2013 No. 63 s 12
pres s 21 ins 2016 No. 32 s 13
(sec.21-ssec.1) Sections 17 , 18 and 19 do not stop the holder of environmental authority EPML00575913, whether or not amended under section 19 , from applying to amend the environmental authority under the Environmental Protection Act , chapter 5 , part 7 .
(sec.21-ssec.2) However, an amendment of the environmental authority under the Environmental Protection Act can not be made if the amendment would— amend a restricted mine path map area; or amend a condition of the environmental authority mentioned in section 17 (1) .
(sec.21-ssec.3) This section applies despite any provision of the Environmental Protection Act or any other Act or law.
(a) amend a restricted mine path map area; or
(b) amend a condition of the environmental authority mentioned in section 17 (1) .
pt.3
Miscellaneous
Miscellaneous
sec.22
Opening and closing of road on DP104026
sec.22 Opening and closing of road on DP104026
Lot 1 on SP228368 is dedicated to be a road for public use under the Land Act 1994 .
The area of land shown as road to be closed on SP228368 is taken to be closed under the Land Act 1994 .
This section applies despite any provision of the Land Act 1994 .
(sec.22-ssec.1) Lot 1 on SP228368 is dedicated to be a road for public use under the Land Act 1994 .
(sec.22-ssec.2) The area of land shown as road to be closed on SP228368 is taken to be closed under the Land Act 1994 .
(sec.22-ssec.3) This section applies despite any provision of the Land Act 1994 .
pt.4
Transitional provisions for North Stradbroke Island Protection and Sustainability and Other Acts Amendment Act 2016
Transitional provisions for North Stradbroke Island Protection and Sustainability and Other Acts Amendment Act 2016
sec.23
Operation of Mineral Resources Act, s 312—termination of mining lease 1109
sec.23 Operation of Mineral Resources Act, s 312—termination of mining lease 1109
This section applies in relation to the termination of mining lease 1109 (the terminated lease ) under section 9.
To the extent the Mineral Resources Act, section 312(4) divests property on the land in the area of the terminated lease from the owner and vests the property in the State, the section applies on the day that is 3 years after the commencement.
Subsection (2) applies despite the Mineral Resources Act, section 312(1).
To remove any doubt, it is declared that this section does not apply to any mineral on the land in the area of the terminated lease.
s 23 ins 2013 No. 63 s 13
sub 2016 No. 32 s 14
(sec.23-ssec.1) This section applies in relation to the termination of mining lease 1109 (the terminated lease ) under section 9.
(sec.23-ssec.2) To the extent the Mineral Resources Act, section 312(4) divests property on the land in the area of the terminated lease from the owner and vests the property in the State, the section applies on the day that is 3 years after the commencement.
(sec.23-ssec.3) Subsection (2) applies despite the Mineral Resources Act, section 312(1).
(sec.23-ssec.4) To remove any doubt, it is declared that this section does not apply to any mineral on the land in the area of the terminated lease.
sec.24
Authority to enter particular land—holder of environmental authority EPML00575913
sec.24 Authority to enter particular land—holder of environmental authority EPML00575913
The chief executive (MRA) is taken to have given an authorisation, under the Mineral Resources Act, section 344A(3), to the holder of environmental authority EPML00575913 in relation to land that was, immediately before the commencement, subject to mining lease 1109.
The authorisation is taken to start on the commencement and end on the day that is 3 years after the commencement.
For the period of the authorisation, the holder is taken to have complied with the Mineral Resources Act, section 344C.
To remove any doubt, it is declared the Mineral Resources Act, section 348 applies in relation to the authorisation.
In this section—
chief executive (MRA) means the chief executive of the department in which the Mineral Resources Act is administered.
s 24 ins 2013 No. 63 s 13
sub 2016 No. 32 s 14
(sec.24-ssec.1) The chief executive (MRA) is taken to have given an authorisation, under the Mineral Resources Act, section 344A(3), to the holder of environmental authority EPML00575913 in relation to land that was, immediately before the commencement, subject to mining lease 1109.
(sec.24-ssec.2) The authorisation is taken to start on the commencement and end on the day that is 3 years after the commencement.
(sec.24-ssec.3) For the period of the authorisation, the holder is taken to have complied with the Mineral Resources Act, section 344C.
(sec.24-ssec.4) To remove any doubt, it is declared the Mineral Resources Act, section 348 applies in relation to the authorisation.
(sec.24-ssec.5) In this section— chief executive (MRA) means the chief executive of the department in which the Mineral Resources Act is administered.
sec.25
Obligation of holder of particular authority to consult about land comprising mine
sec.25 Obligation of holder of particular authority to consult about land comprising mine
This section applies while the deemed authorisation is in effect.
Before giving a notice under the MQSH Act, section 47(1) in relation to a relevant mine, the holder of the deemed authorisation must consult with a registered native title body corporate for the land comprising the mine or part of the mine.
Before giving a notice under the MQSH Act, section 47(5) in relation to a relevant mine, the holder of the deemed authorisation must consult with a registered native title body corporate for the land the holder proposes to be added to or omitted from the mine.
If the holder gives a notice under the MQSH Act, section 47(1) or (5), the holder must, as soon as practicable after giving the notice, give the chief executive—
a copy of the notice; and
evidence of the consultation with a registered native title body corporate for the land mentioned in the notice.
In this section—
deemed authorisation means the authorisation taken to have been given by the chief executive under section 24.
mine see the MQSH Act, section 9.
MQSH Act means the Mining and Quarrying Safety and Health Act 1999 .
relevant mine means a mine comprised of all or part of the land that was, immediately before the termination of mining lease 1109, subject to mining lease 1109.
s 25 ins 2016 No. 32 s 14
(sec.25-ssec.1) This section applies while the deemed authorisation is in effect.
(sec.25-ssec.2) Before giving a notice under the MQSH Act, section 47(1) in relation to a relevant mine, the holder of the deemed authorisation must consult with a registered native title body corporate for the land comprising the mine or part of the mine.
(sec.25-ssec.3) Before giving a notice under the MQSH Act, section 47(5) in relation to a relevant mine, the holder of the deemed authorisation must consult with a registered native title body corporate for the land the holder proposes to be added to or omitted from the mine.
(sec.25-ssec.4) If the holder gives a notice under the MQSH Act, section 47(1) or (5), the holder must, as soon as practicable after giving the notice, give the chief executive— a copy of the notice; and evidence of the consultation with a registered native title body corporate for the land mentioned in the notice.
(sec.25-ssec.5) In this section— deemed authorisation means the authorisation taken to have been given by the chief executive under section 24. mine see the MQSH Act, section 9. MQSH Act means the Mining and Quarrying Safety and Health Act 1999 . relevant mine means a mine comprised of all or part of the land that was, immediately before the termination of mining lease 1109, subject to mining lease 1109.
(a) a copy of the notice; and
(b) evidence of the consultation with a registered native title body corporate for the land mentioned in the notice.
Source text: opening excerpt
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
pt.1 Preliminary
Preliminary
pt.1-div.1 Introduction and object of Act
Introduction and object of Act
sec.1 Short title
sec.1 Short title
This Act may be cited as the North Stradbroke Island Protection and Sustainability Act 2011 .
sec.2 Object of Act
sec.2 Object of Act
The object of this Act is to manage the duration of mining interests over land in the North Stradbroke Island Region, and end mining in the region by the end of 2019—
to protect and restore environmental values of the region; and
to facilitate, under other Acts, the staged creation of areas to be jointly managed by the State and the traditional owners of the region; and
to assist the transition of the economy of the region from reliance on the mining industry to other industries.
s 2 amd 2013 No. 63 s 4 ; 2016 No. 32 s 5
(a) to protect and restore environmental values of the region; and
(b) to facilitate, under other Acts, the staged creation of areas to be jointly managed by the State and the traditional owners of the region; and
(c) to assist the transition of the economy of the region from reliance on the mining industry to other industries.
sec.3 Act binds all persons
sec.3 Act binds all persons
This Act binds all persons including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States.
pt.1-div.2 Interpretation
Interpretation
sec.4 Dictionary
sec.4 Dictionary
The dictionary in schedule 3 defines particular words used in this Act.
sec.5 Meaning of North Stradbroke Island Region
sec.5 Meaning of North Stradbroke Island Region
The North Stradbroke Island Region is the part of the State shown as ‘Area A’ and ‘Area B’ on the map titled ‘NSI 1’ approved by the chief executive on 18 March 2011 and held by the department.
The map titled ‘NSI 1’ may be viewed on the department’s website at www.dnrm.qld.gov.au.
The exact location of the boundary of the North Stradbroke Island Region is held in digital electronic form by the department.
The information held in digital electronic form can be reduced or enlarged to show the details of the boundary.
s 5 amd 2013 No. 63 s 5
(sec.5-ssec.1) The North Stradbroke Island Region is the part of the State shown as ‘Area A’ and ‘Area B’ on the map titled ‘NSI 1’ approved by the chief executive on 18 March 2011 and held by the department. The map titled ‘NSI 1’ may be viewed on the department’s website at .
(sec.5-ssec.2) The exact location of the boundary of the North Stradbroke Island Region is held in digital electronic form by the department.
(sec.5-ssec.3) The information held in digital electronic form can be reduced or enlarged to show the details of the boundary.
North Stradbroke Island Protection and Sustainability Act 2011 (Queensland) | Zoe
Establishes a tightly framed, one‑off opportunity for the holder of an Enterprise Mine lease to apply to amend the restricted mine path map area within six months of commencement, with prescribed information, heritage and ecosystem checks, and a ministerial decision timetable (ss 18-20).
Preserves a holder’s ability to apply to amend the environmental authority under the Environmental Protection Act but expressly prevents amendments that would alter the restricted mine path map area or the statutory conditions created by this Act (s 21).
Contains transitional provisions tied to the 2016 amendment concerning the termination and short transitional authorisations in relation to mining lease 1109, and includes specific obligations about consultation with registered native title body corporates where a deemed authorisation is in force (ss 23-25).
Alters land tenure for a specific parcel by dedicating and closing identified road areas under the Land Act 1994 (s 22).
The Act therefore operates primarily by extinguishing renewal and new-grant rights, imposing preventive limits on disturbance within mapped areas, conferring and varying rights for particular named leases by schedule, and creating procedural constraints on how and when the restricted mine path may be altered. The statute also constrains remedies against the State by denying compensation for Part 2 measures (s 6).
Main concepts
The Act is organised around a small set of recurring legal and administrative concepts. Understanding these is necessary to interpret operational obligations and permitted conduct.
North Stradbroke Island Region and mapping (s 5)
The geographic scope is defined by a departmental map NSI 1 showing 'Area A' and 'Area B'. The department holds the exact boundary in digital electronic form and the map is made available on the department’s website (s 5). The Act relies on these maps and digital records as the authoritative spatial definition for rights and prohibitions tied to the region.
NSI mining interest and Enterprise Mine lease (Pt 2)
The Act applies to "NSI mining interests" and specifically addresses holders of Enterprise Mine leases, including conditions tied to a “restricted mine path map area”, “dredge path”, “dry mining area” and “limit of disturbance” (ss 7, 16, 17). The restricted mine path map area is the central spatial control on where mineral winning and disturbance may occur for specified leases.
Statutory conditions and environmental authority EPML00575913 (s 17)
The Act takes an existing environmental authority, EPML00575913, and deems it to include specified statutory conditions. These override any inconsistent conditions of the authority and can be given effect by the administering authority under the Environmental Protection Act (s 17(1)-(3)). The statutory conditions constrain where mining, dredging and disturbance may occur and set the 31 December 2019 terminal date for the winning of minerals within the restricted mine path.
Non‑renewal, termination and deemed renewals (ss 8-12)
The Act operates by terminating certain mining interests at fixed dates (for many, 31 December 2019) and by preventing applications for renewal or fresh grants (ss 8, 10, 13, 14). For a specific subset of leases listed in schedule 1, the Act takes those leases to have been renewed on commencement for particular terms and subject to conditions stated in schedule 1 (s 11). For another subset listed in schedule 2, the Act varies the term and conditions as stated (s 12). The schedules are therefore an enforcement mechanism that differentiates between affected leaseholders.
Restrictive amendment process (ss 18-20)
The Enterprise Mine lease holder has a single, time-limited (6 months) opportunity to apply to amend the restricted mine path map area. The application must be made in a prescribed form and include a cultural heritage study if adding land and a map of any threatened ecosystem affected. The Minister must decide within 20 business days and may grant only if objective thresholds are met, including that the land is not a threatened ecosystem, no greater adverse impact on Aboriginal cultural heritage or threatened ecosystems will result, the addition will not increase the total area of the restricted mine path or limit of disturbance, consistency with EPML00575913 conditions, and there is an ILUA with a registered native title body corporate (ss 18-19).
Interaction with other statutory schemes (ss 7, 21, Pt 4)
The Act expressly applies despite the Mineral Resources Act or any other Act or law in relation to NSI mining interests (s 7). It also preserves the right to apply to amend the environmental authority under the Environmental Protection Act except the Act-created restricted mine path map area and the statutory conditions cannot be amended under that Act (s 21). Transitional provisions tie to the Mineral Resources Act and the Mining and Quarrying Safety and Health Act in relation to mining lease 1109 (ss 23-25).
No compensation (s 6)
The statute contains a categorical no compensation clause for Part 2 measures: “No amount, whether as compensation, reimbursement or otherwise, is payable by the State to any person for or in connection with the enactment or operation of this part” (s 6). This is a direct statutory bar to express monetary compensation claims under the Act itself.
Native title and cultural heritage thresholds (ss 18-20, 25)
The process for any addition to the restricted mine path depends on an ILUA with a registered native title body corporate and requires a cultural heritage study for additions. Transitional provisions require consultation with a registered native title body corporate before giving particular safety notices under the MQSH Act and oblige the holder to provide the chief executive with evidence of consultation (ss 18(3), 19(2)(e), 25).
Administrative deadlines and timelines (ss 18-20)
The Act prescribes short, mandatory timelines: a six month window to apply to amend a restricted mine path area (s 18(1)), the Minister must decide in 20 business days (s 19(1)), and the Minister must take formal steps and provide notice or copies within 10 business days after deciding (s 20).
These core concepts combine spatial tools, time limits, delegated ministerial decisions, and express overrides of other statutory regimes to produce a legal architecture that ends most mining activity in the region by the statutory terminal date while allowing limited, tightly constrained operational modifications for particular leases.
Who it affects
The Act assigns rights, prohibitions and procedural burdens to a defined set of persons and offices. The principal affected parties are:
Leaseholders and applicants
Holders of existing NSI mining interests and Enterprise Mine lease holders are directly affected. The Act either terminates certain interests, prohibits renewals and fresh grants, or treats particular leases as renewed or varied according to schedules 1 and 2 (ss 8-13, 11, 12). The text names particular mining lease numbers in parts of the Act (for example, s 8(2) lists 1105, 1108, 1109, 1124, 7064 as excluded from s 8; s 9 addresses mining lease 1109 specifically). Because the schedules supply precise lists and terms, those leaseholders will have to check the schedules to determine their status (ss 10-12).
Prospective applicants under mineral and petroleum regimes
After commencement, persons are prohibited from applying for a grant of an NSI mining interest under the Mineral Resources Act, the Petroleum Act 1923 or the Petroleum and Gas (Production and Safety) Act 2004 (s 13(2)). Section 14 declares that an NSI mining interest cannot be granted, with the single statutory caveat that authorisations under the Mineral Resources Act sections 344C or 344D are excluded from the definition in s 14(2).
Holders of environmental authority EPML00575913
The holder of environmental authority EPML00575913 is subject to statutory conditions taken to be included in that authority (s 17). The administering authority under the Environmental Protection Act must, where necessary, amend the environmental authority to ensure consistency with those statutory conditions (s 17(3)).
Traditional owners and registered native title bodies
The Act explicitly references ILUAs and registered native title body corporates: an amendment to a restricted mine path map may be granted only if there is an ILUA in relation to the land between the leaseholder and a registered native title body corporate (s 19(2)(e)). Transitional provisions require consultation with a registered native title body corporate in relation to notices under the Mining and Quarrying Safety and Health Act where certain authorisations are in force (s 25).
Minister and administering authorities
The Minister (for the purpose of deciding map amendment applications) is assigned mandatory decision‑making duties and timelines (ss 18-20). The administering authority for the environmental authority under the Environmental Protection Act is authorised to amend EPML00575913 to give effect to the statutory conditions (s 17(3)). The chief executive of the department administering the Mineral Resources Act is referenced in transitional authorisation provisions (s 24).
The State
The Act binds “all persons including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States” (s 3). The State is therefore both actor and principal regulator for the transitional and enforcement mechanisms the statute creates.
Other statutory schemes and officers
The Act interacts with the Mineral Resources Act, the Environmental Protection Act, the Aboriginal Cultural Heritage Act 2003, the Native Title Act 1993, the Mining and Quarrying Safety and Health Act 1999, and the Land Act 1994. Owners and operators who must comply with those Acts will be affected by the limits and processes in this Act when their operations touch the North Stradbroke Island Region (ss 5, 17, 18, 19, 21, 22, 25).
Persons seeking access and public infrastructure users
Section 22 dedicates Lot 1 on SP228368 as a public road and takes another area shown on SP228368 to be closed under the Land Act 1994. That will affect land users and any interested third parties with rights or interests connected to that parcel.
Potential broader stakeholders
Businesses and employees in the local economy are indirectly affected: the object expressly mentions assisting the transition of the region’s economy away from reliance on mining (s 2). The legislation therefore has broader economic effects, though those are policy purposes stated in s 2 rather than operative rights.
In summary, the Act creates sharp legal distinctions among types of leaseholders: those whose rights terminate at a fixed date, those whose leases are renewed or varied via schedules, and those denied any possibility of renewal or fresh grant. It also imposes procedural and consultation burdens on enterprise lease holders and prescribes actions for government decision‑makers and administering authorities.
Key duties and rights
The Act primarily creates duties and limits rather than affirmative statutory entitlements. The main operative duties and rights the text imposes or recognises are the following.
Duties and constraints on mining activity
Restriction of location and activity: EPML00575913 is taken to include statutory conditions that confine mining activities that are the winning of mineral to the restricted mine path of an Enterprise Mine lease and limit dredging and disturbance to defined areas (s 17(1)(a), (c), (d)). The legislation defines “disturbance of land” broadly to include soil movements, vegetation removal, mining, submergence by tailings, construction of infrastructure, and release of contaminants (s 17(4)). These provisions are statutory constraints on where and what operations can be carried out by the holder of that particular environmental authority.
Temporal constraint: Mining activities that are the winning of a mineral from within the restricted mine path may be conducted only until the end of 31 December 2019 (s 17(1)(b)). Where a lease is otherwise terminated under s 8 the term of the NSI mining interest ends at the end of 31 December 2019 and cannot be renewed (s 8(3)-(4)).
Prohibitions on renewal and fresh grants
Holders of NSI mining interests listed as subject to termination cannot apply for renewal under the Mineral Resources Act after commencement (s 8(4)). Applications for renewal that were made but undecided at commencement are taken to have been withdrawn and cannot be further dealt with (s 10(1)). Applications for grants of NSI mining interests made but undecided at commencement are similarly taken to have been withdrawn and no person may apply under the Mineral Resources Act, the Petroleum Act 1923 or the Petroleum and Gas (Production and Safety) Act 2004 for a grant of an NSI mining interest after commencement (s 13). An NSI mining interest cannot be granted at all (s 14(1)), with the statutory definition excluding certain authorisations under the Mineral Resources Act (s 14(2)).
Deemed renewals and variations for specified leases
The Act takes certain mining leases listed in schedule 1 to have been renewed on commencement for a specified term and subject to specified conditions (s 11). Schedule 2 leases have their terms and conditions varied as stated (s 12). Those renewals and variations operate as if granted by the Governor in Council under the Mineral Resources Act and prevail as the operative rights for those listed leases (s 11(3); s 12(2)).
Application and decision duties on the Minister and administering authorities
The Minister is required to decide an application made under s 18 within 20 business days (s 19(1)). If the Minister grants the application, the Minister must (within 10 business days) amend the environmental authority to effect the amendment, record particulars in the appropriate register under the Environmental Protection Act, and give the applicant a copy (s 20(1)). The administering authority under the Environmental Protection Act is authorised to amend EPML00575913 to ensure consistency with the statutory conditions (s 17(3)).
Procedural and consultation duties for leaseholders
An Enterprise Mine lease holder may apply once within six months to alter the restricted mine path map area and must make the application in the approved form under the Environmental Protection Act and accompany it with a cultural heritage study if land is proposed to be added and a map showing threatened ecosystems, plus sufficient supporting information (s 18). The holder must also, while a deemed authorisation is in effect for land formerly subject to mining lease 1109, consult with a registered native title body corporate before giving certain MQSH Act notices and provide to the chief executive a copy of the notice and evidence of consultation (s 25).
Statutory prioritisation and effect over other conditions
Where a condition of EPML00575913 is inconsistent with a statutory condition imposed by this Act, the statutory condition prevails to the extent of the inconsistency (s 17(2)). Likewise, where the Act imposes a condition in s 11 or s 12, those conditions prevail to the extent of inconsistency with prior lease conditions.
No compensation entitlement
The Act removes any entitlement to compensation by expressly providing that no amount is payable by the State to any person in connection with the enactment or operation of Part 2 (s 6). This clause restricts claims for statutory compensation arising directly under the Act for the measures in Part 2.
Rights retained subject to constraints
Holders of EPML00575913 may still apply to amend the environmental authority under the Environmental Protection Act, chapter 5, part 7, but such amendments cannot alter a restricted mine path map area or a condition of the environmental authority stated in s 17(1) (s 21). The Act also preserves the operation of other Mineral Resources Act provisions, for example, cancellation or area reduction, insofar as those apply to renewed or varied leases (s 11(7); s 12(6)).
These duties create a legal architecture that reduces operational flexibility for mining activities in the region, places time-critical procedural obligations on both leaseholders and the Minister, and reserves to the State the power to override existing rights without compensating payments under the Act.
Penalties and enforcement
The Act does not create criminal penalties or express civil fines within the text provided. Enforcement in this statute is achieved primarily by means of administrative restructuring of statutory rights and by making particular statutory conditions operative. The enforcement and compliance mechanisms to note are the following, drawn directly from the Act's provisions.
Administrative termination and non‑renewal
The primary enforcement tool is the statutory termination of mining interests and the prohibition on renewal and fresh grants. Sections 8, 9, 10, 11 and 12 operate to bring mining interests to an end at prescribed dates or to reconstitute leases with new terms and conditions. By statute, a holder may be unable to continue lawful mining once a term ends and cannot lawfully apply for renewal where the Act forbids application (ss 8(3)-(4), 10(2)-(3), 11(5)-(6), 12(4)-(5)).
Statutory conditions that override environmental authority terms
Environmental authority EPML00575913 is taken to include specific statutory conditions which prevail over inconsistent conditions of the environmental authority (s 17(1)-(2)). The administering authority under the Environmental Protection Act is empowered to amend the environmental authority to ensure consistency with these statutory conditions (s 17(3)). That legal priority makes non-compliance with statutory conditions a ground for regulatory enforcement actions under the Environmental Protection Act machinery, because the administering authority controls the authority and its conditions.
Ministerial decision and register entries
If the Minister grants an application to amend the restricted mine path map area, the Minister must amend the environmental authority, record particulars in the appropriate register under the Environmental Protection Act, and give a copy of the amended authority to the applicant within prescribed timelines (s 20). These register entries create public record that can be used in administrative compliance and enforcement by regulators.
Interaction with other statutes that provide enforcement
The Act preserves the application of other statutory enforcement regimes to the renewed or varied leases. For example, s 11(7) and s 12(6) state that the provisions of the Mineral Resources Act, including those about cancelling a mining lease or reducing its area, continue to apply to renewed or varied leases. Therefore, enforcement actions available under the Mineral Resources Act, Environmental Protection Act, Mining and Quarrying Safety and Health Act, and other applicable legislation are the practical enforcement avenues.
Transitional authorisations and related compliance duties
Transitional provisions create a deemed authorisation and tell the legal effect and duration of that authorisation (s 24). Section 24(3) deems the holder to have complied with the Mineral Resources Act section 344C for the duration of the authorisation, and s 24(4) declares that MRA s 348 applies in relation to the authorisation. Section 25 imposes a consultation duty and recordkeeping obligations where the deemed authorisation is in effect; failing to meet those duties would engage obligations under the MQSH Act and administrative oversight.
No statutory compensation but potential external remedies
The Act removes any express compensation obligation by the State for Part 2 measures (s 6). The Act does not itself state whether other legal remedies exist such as constitutional or other statutory claims outside the Act. The text does not specify judicial review pathways or damages remedies. Administrative decisions made under this statute (for example, Ministerial refusals) will in general be subject to whatever judicial review and statutory appeal mechanisms exist under administrative law and the enabling Acts, but the Act itself is silent on those procedures.
In short, enforcement is effected by revocation, non‑renewal and the imposition of statutory conditions that regulators can implement through existing Environmental Protection Act and Mineral Resources Act processes. The Act does not establish new offence provisions or monetary penalties in the text provided.
How it interacts with other laws
The Act expressly and repeatedly sets its operation in relation to a number of existing statutory regimes. The interaction is chiefly one of affirmative override for the defined classes of NSI mining interests combined with carve-outs and preservation of certain administrative powers. The key points of statutory interaction, as expressed in the Act, are:
Express "despite" operation (s 7)
Part 2 applies “despite the Mineral Resources Act or any other Act or law” in relation to NSI mining interests, including the granting of an NSI mining interest (s 7). This is an express legislative priority clause that signals the Act’s measures prevail over inconsistent provisions in other statutes to the extent required to implement Part 2.
Mining law and the Mineral Resources Act
The Act modifies who may apply for or be granted mining interests and how existing leases are terminated, renewed or varied. Sections 8-13 directly override normal Mineral Resources Act processes for renewal and grant of leases through statutory prohibition, deemed withdrawal, or deemed renewal/variation under the schedules. Section 11(3) and s 12(2) state that renewals and variations have effect as if they were made by the Governor in Council under the Mineral Resources Act, folding them into that Act’s framework.
Environmental Protection Act
The Act takes environmental authority EPML00575913 and deems statutory conditions to be included in it, and authorises the administering authority under the Environmental Protection Act to amend EPML00575913 to make it consistent with those statutory conditions (s 17(2)-(3)). The Act separately provides that holders may still apply to amend EPML00575913 under the Environmental Protection Act, chapter 5, part 7, but not to amend a restricted mine path map area or a statutory condition imposed by s 17(1) (s 21). Section 20 requires recording particulars of any s 19 amendment in the appropriate Environmental Protection Act register under s 540.
Aboriginal Cultural Heritage Act 2003 and native title law
The Act references cultural heritage processes in the Aboriginal Cultural Heritage Act 2003 by requiring a cultural heritage study to accompany an application to add land to a restricted mine path map area (s 18(3)(a)). It requires an ILUA that has an application for registration on the Native Title Act register as a precondition to an amendment adding land to the restricted mine path map area (s 19(2)(e)). These requirements integrate cultural heritage and native title processes into the decision framework for spatial changes.
Petroleum legislation
Section 13(2) states that a person cannot apply under the Mineral Resources Act, the Petroleum Act 1923 or the Petroleum and Gas (Production and Safety) Act 2004 for a grant of an NSI mining interest after commencement. This explicitly brings petroleum tenure regimes into the prohibition for NSI mining interests.
Mining and Quarrying Safety and Health Act 1999
Transitional provisions require consultation with registered native title body corporates before giving particular MQSH Act notices and require the holder to give the chief executive a copy of the notice and evidence of consultation (s 25). Section 25 defines its terms by reference to relevant MQSH Act provisions.
Land Act 1994
Section 22 dedicates and closes certain areas of land under the Land Act 1994 notwithstanding contrary provisions of that Act. It therefore has a direct effect on land tenure as administered under the Land Act.
Mineral vesting and property divestment (MRA s 312)
Section 23 addresses how the termination of mining lease 1109 interacts with Mineral Resources Act s 312(4) concerning divestment and vesting of property in the State, specifying when that divestment is to take effect (three years after commencement) and clarifying s 312(1) does not prevent the application. It also declares that the provision does not apply to minerals on that land.
Deemed authorisations and compliance with MRA provisions
Section 24 deems that the chief executive has given an authorisation under MRA s 344A(3) and deems the holder to have complied with MRA s 344C for the period of the authorisation, while making MRA s 348 applicable. This is a transitional alignment between the Act and detailed entry, access and authorisation provisions in the Mineral Resources Act.
Net effect
The Act operates as a targeted override and integration instrument: it displaces default Mineral Resources Act processes for NSI mining interests, inserts statutory environmental conditions into a specific environmental authority and binds environmental decision-making to those conditions, integrates cultural heritage and native title preconditions into spatial amendment processes, and makes select adjustments to land tenure. At the same time the statute preserves the broader regulatory apparatus of the Mineral Resources Act, the Environmental Protection Act and the MQSH Act for enforcement and other purposes as they apply to the newly‑constituted lease landscape (see ss 11(7), 12(6), 17(3), 21, 24, 25).
Practically, this means regulated actors must engage multiple statutory regimes in parallel, with the Act imposing hard constraints and priority rules where inconsistencies arise.
Amendment history
The text itself contains marginal or inline amendment notes that identify the legislative instruments and years that altered particular provisions. The following amendments and insertions are recorded in the source text and indicate the Act has been modified since its original passage.
Amendments recorded in the source:
Several sections carry notes showing amendment by “2013 No. 63” and by “2016 No. 32”, indicating substantive changes or insertions in those years. For example, s 2 (the object clause) shows annotations “s 2 amd 2013 No. 63 s 4 ; 2016 No. 32 s 5”, which records that s 2 was amended by the 2013 Act (No. 63) and again by the 2016 Act (No. 32) at the specified section numbers in those amending Acts.
Sections 8 and 9, addressing termination of mining interests and mining lease 1109 respectively, show amendment annotations including “s 9 amd 2013 No. 63 s 6 ; 2016 No. 32 s 6” for s 9. This records that s 9 has been altered by the 2013 and 2016 amending Acts.
Sections establishing the statutory conditions for EPML00575913 and the amendment mechanism for restricted mine path map areas were inserted or rewritten in later instruments: s 17 shows “s 17 sub 2013 No. 63 s 12 ; 2016 No. 32 s 13” and s 18 shows “s 18 prev s 18 om 2013 No. 63 s 12 pres s 18 ins 2016 No. 32 s 13”, indicating that s 18 was omitted during the 2013 changes and reinserted by the 2016 instrument.
Sections 21 and other provisions were similarly subject to repeal and reinsertion: s 21 includes annotations that reflect prior amendments and a reintroduction in 2016, “s 21 prev amd 2012 No. 16 s 78 sch om 2013 No. 63 s 12 pres s 21 ins 2016 No. 32 s 13”.
Section 14 shows an amendment annotation including “2020 No. 14 s 218 sch 1”, indicating a 2020 amendment that affected definitions within that section.
Multiple sections inserted by 2013 No. 63 were subsequently omitted by the 2016 amending Act, for example sections 11B through 11J include notes “ins 2013 No. 63 s 9 om 2016 No. 32 s 10”.
Transitional amendments and insertions
Part 4 contains transitional provisions that were inserted in 2013 and amended in 2016. For example, s 23 was inserted in 2013 and sub‑sectional amendments are reflected for 2016 (s 23 ins 2013 No. 63 s 13 sub 2016 No. 32 s 14). Sections 24 and 25 were likewise added or modified in the 2013 and 2016 amending Acts.
What these amendment notes tell readers
The marginal notes and inline annotations show the Act has been subject to multiple post‑enactment modifications concentrated in 2013 and 2016, and that at least one change occurred in 2020 that affected the definition scope in s 14. The annotations also show that several provisions were inserted and later omitted, indicating a degree of legislative re‑working of the mechanism for dealing with particular leases and the environmental authority over time. The Act as presented incorporates those amendments; practitioners should therefore consult the consolidated (as‑amended) version and the schedules to determine present operative obligations and the exact list of leases in schedules 1 and 2.
Limitations of the source
The source text notes amendments but does not provide the full text of the schedules within the material supplied here, nor does it reproduce the amending Acts in full. The marginal annotations provide the amending instrument citations and section numbers which allow a researcher to locate the amending statutes and examine the precise historical text changes in parliamentary records or official consolidation services.
In practice, anyone advising clients should check the consolidated statute in the Queensland legislation database and the specific amending Acts cited in the marginal notes to verify the historical sequence and the current operative text, including the schedule entries and any subsequent regulations or ministerial instruments.
Litigation history
The supplied statutory text contains no judgments, case references or litigation history. It does not reproduce any court decisions or administrative review findings that interpret or apply these provisions.
What the source discloses
The Act itself, as provided, makes no mention of litigation brought under its provisions or of judicial interpretations. There are no named cases or citations in the text.
Practical implication for advisers and litigators
Because the statute contains express provisions that override and modify existing statutory rights and because it contains a categorical “no compensation” clause for Part 2 (s 6), potential disputes arising from the enactment or operation of the Act would logically involve judicial review of administrative decisions (for example, ministerial decisions under ss 18-20), constitutional challenges or other common law or statutory claims. The text itself, however, does not record whether any such litigation has been brought or resolved.
Recommended immediate step
For a complete picture of litigation history, counsel should search Queensland and federal court databases, administrative law resources, and government consolidated legislation notes for any reported challenges, judicial review proceedings or decisions connected to the Act, the specified environmental authority EPML00575913, schedule entries, or the transitional measures referencing mining lease 1109. The Act’s marginal amendment notes provide the amending instruments and dates which may help locate contemporaneous legal challenges in legislative history material.
Because the legislative text here does not list any cases, this section cannot recite or analyse litigation; research beyond the provided statute will be necessary if court decisions are material to a client’s position.
Gotchas
The Act contains several specific features and procedural traps that can catch practitioners and operators if not attended to. These are concrete legal mechanics in the text rather than policy commentary.
No compensation for Part 2 measures (s 6)
The Act expressly disclaims any State liability to pay compensation for or in connection with the enactment or operation of Part 2. Practitioners should note that the statute itself removes an express statutory right to compensation under the Act for measures within Part 2. That does not, by itself, determine whether other legal remedies or compensation claims might exist under other heads of law; however, reliance on a statutory compensation entitlement under this Act for affected persons is foreclosed by s 6.
Single, time‑limited opportunity to amend restricted mine path (s 18)
The holder of an Enterprise Mine lease may apply only once to amend a restricted mine path map area and must do so within six months after commencement (s 18(1)-(2)). Missing that window forecloses the statutory avenue built into ss 18-20 for altering the mapped area. The application must be made in the approved form under the Environmental Protection Act and be accompanied by a cultural heritage study if land is proposed to be added, and a threatened ecosystem map and sufficient supporting information (s 18(3)). The “once only” limitation is an unforgiving procedural bar.
Strict ministerial decision criteria and short timelines (s 19)
The Minister must decide within 20 business days of receiving an application under s 18(1) (s 19(1)). The Minister may grant an addition only if stringent conditions are satisfied, including: the land is not a threatened ecosystem; the Minister is satisfied the amended area is not likely to have a significantly greater adverse impact on Aboriginal cultural heritage or a threatened ecosystem; the addition will not increase the total area of the restricted mine path or limit of disturbance; the addition is consistent with conditions under EPML00575913; and there is an ILUA in relation to the land between the leaseholder and a registered native title body corporate (s 19(2)). These cumulative conditions make successful additions tightly circumscribed and time-sensitive.
ILUA requirement and native title registration condition (s 19(2)(e), s 18(3))
A successful application to add land requires an ILUA for which an application for registration on the Register of Indigenous Land Use Agreements has been made under the Native Title Act 1993 (Cwlth). This creates a dependency on native title negotiating processes and native title administrative timelines which can be lengthy and complex. Failure to have an ILUA application lodged and on the register will preclude statutory approval.
No enlargement of total area (s 19(2)(c))
Even if land is added to the restricted mine path map area, s 19(2)(c) bars amendments that would increase the total area of the restricted mine path or total area of the limit of disturbance. That means spatial reconfiguration must be a net zero change in total disturbance area, limiting operators’ ability to trade off new areas for old.
Statutory conditions override other authority conditions (s 17(2))
Conditions imposed by s 17 take precedence over inconsistent conditions of environmental authority EPML00575913. Holders who rely on pre-existing terms of their environmental authority must reconcile them with the statutory conditions and cannot proceed on the basis of the authority’s earlier wording where it conflicts.
Restricted opportunity to amend EPML00575913 via EPA processes (s 21)
While holders can apply to amend the environmental authority under the Environmental Protection Act, s 21(2) explicitly prevents any amendment that would change a restricted mine path map area or a condition of the environmental authority mentioned in s 17(1). Thus the normal statutory avenue under the Environmental Protection Act cannot be used to accomplish certain outcomes.
Specificity of schedules and lack of embedded schedules in the supplied text
The Act refers to schedule 1 and schedule 2 to specify which leases are renewed or varied and their terms and conditions (ss 10-12). The operative effect for a particular holder depends on whether their lease appears in those schedules and on the schedule content. The supplied text does not reproduce the schedules themselves, so practitioners must check the schedules in the consolidated Act to confirm status and exact terms.
Transitional authorisations and limited duration for lease 1109 (ss 9, 23-24)
Section 9 terminates mining lease 1109 on the commencement of the 2016 Amendment Act, part 2, and s 23 contains a specific timing for application of MRA s 312(4) vesting provisions. Section 24 deems that the chief executive (MRA) gave an authorisation under MRA s 344A(3) to the holder of EPML00575913 for land that was immediately before the commencement subject to lease 1109, but only for a limited three year period. These transitional rules create a short-lived legal framework with specific compliance implications and consultation duties under s 25. Practitioners must not assume permanent rights from these transitional measures.
Prohibition on applying under petroleum regimes and MRA (s 13(2))
After commencement, applicants cannot apply for an NSI mining interest under the Mineral Resources Act, Petroleum Act 1923 or Petroleum and Gas (Production and Safety) Act 2004. That encompasses hydrocarbon tenure regimes, so prospective petroleum applicants are explicitly affected.
Binding nature including the State (s 3)
The Act expressly binds all persons, including the State and to the extent possible other governments (s 3). This can affect intergovernmental arrangements and requires administrators acting for the State to conform to the Act rather than treating it as only constraining private parties.
Record and map reliance (s 5)
The precise boundary of the North Stradbroke Island Region is held digitally by the department and the map NSI 1 is the authoritative spatial instrument. Any dispute about whether land falls within the region will turn on these recorded maps and digital records.
Taken together, these are operationally critical traps: short statutory windows and single-opportunity provisions, stringent ministerial thresholds including ILUA pre‑conditions, limitation on environmental authority amendment, and a categorical no-compensation clause.
How to comply
For each class of stakeholder, the Act prescribes concrete steps and timeframes. The following checklist translates the statutory requirements into practical compliance actions, with reference to the relevant sections.
For Enterprise Mine lease holders and holders of EPML00575913
Determine legal status under the schedules. Check whether your mining lease appears in schedule 1 or schedule 2 or is otherwise subject to s 8 or s 9. The precise operative treatment (renewal, variation, termination) depends on the schedule entries and the specific sections (ss 8-12). Obtain the consolidated Act and the schedules immediately.
Adhere to statutory spatial limits. Ensure all winning of mineral, dredging and disturbance occurs only within the restricted mine path, the dredge path and the limit of disturbance as applicable to your lease (s 17(1)(a), (c), (d)). Update operational maps and internal permission protocols to prevent activity outside those areas.
Comply with the temporal limit. Plan cessation of winning of mineral within the restricted mine path by 31 December 2019 as required by s 17(1)(b), unless your lease has a different term under schedule 1 or 2. If operationally necessary, audit timelines for cessation and prepare restoration and rehabilitation plans to meet the statutory terminal date.
Use the one‑off amendment window if necessary and applicable. If your Enterprise Mine lease would benefit from adding or removing land from the restricted mine path, prepare an application during the six month window after commencement and note you may only apply once (s 18(1)-(2)). The application must be in the approved form under the Environmental Protection Act s 224, and must include a cultural heritage study for land proposed to be added, a map of any threatened ecosystem that may be affected, and sufficient supporting information (s 18(3)).
Prepare ILUA and cultural heritage documentation early. Because the Minister may grant an application to add land only if there is an ILUA in relation to the land between the leaseholder and a registered native title body corporate (s 19(2)(e)), commence engagement with native title representatives early. Lodge any application for ILUA registration under the Native Title Act in good time to support any s 18 application.
Expect a fast ministerial decision timetable. Once an application is lodged under s 18, the Minister must decide within 20 business days (s 19(1)). Ensure applications are complete and robust to avoid refusal on procedural or information grounds. If the Minister grants the application, expect that the Minister must amend the environmental authority and record particulars in the appropriate register within 10 business days and provide a copy to the applicant (s 20(1)).
Maintain records and provide post‑notice documentation if transitional authorisation applies. If you operate on land that formerly formed part of mining lease 1109 and a deemed authorisation is in force, consult the registered native title body corporate before giving MQSH Act notices as required and, when giving such a notice, provide the chief executive with a copy of the notice and evidence of consultation as soon as practicable (s 25).
For all leaseholders and applicants
Do not rely on the ability to apply for renewal or a new grant where the Act prohibits it. Applications for renewal or for grant that were pending at commencement are taken to have been withdrawn (s 10(1), s 13(1)). Do not lodge fresh applications for NSI mining interests under the Mineral Resources Act, Petroleum Act 1923 or the Petroleum and Gas (Production and Safety) Act 2004 after commencement (s 13(2)).
Check whether authorisations under MRA s 344C or s 344D are relevant and whether the s 14 definition exclusion applies. Section 14(2) excludes authorisations under MRA s 344C or s 344D from the definition of NSI mining interest for the purposes of the prohibition on grant; confirm via counsel whether specific authorisations are available in your circumstances.
Update environmental and operational compliance documentation. Because the administering authority may amend EPML00575913 to align it with the statutory conditions, ensure your compliance systems, permits, environmental management plans and rehabilitation plans match the statutory conditions and any amended environmental authority (s 17(3)).
Understand the limits of amendment under the Environmental Protection Act. If you plan to seek amendments to the environmental authority via the Environmental Protection Act processes, be aware that s 21 prevents any amendment that would change a restricted mine path map area or a condition of EPML00575913 stated in s 17(1). For other types of amendment, normal EPA processes remain available.
For entities engaging with native title and cultural heritage
Commission cultural heritage studies as required at the time of the s 18 application. Section 18(3)(a) requires a cultural heritage study for any proposed addition to the restricted mine path. Familiarity with the Aboriginal Cultural Heritage Act 2003, including its schedule 2 definition of cultural heritage study, is necessary for compliant submissions.
Prioritise negotiation of ILUAs where additions to restricted mine path are contemplated. An ILUA application for registration must be in place for the Minister to consider adding land under s 19(2)(e). Engage registered native title bodies early to avoid missing the strict timelines.
For administrators and public officials
Observe statutory timelines for decision-making and register amendments. If a Minister grants an application under s 19, the Minister must ensure environmental authority amendments, register entries, and applicant notification are completed within 10 business days (s 20(1)). Administrative processes should be set up to meet those deadlines.
Use departmental spatial records as authoritative references. The department’s digital map NSI 1 is the source of boundary and restricted mine path determinations (s 5). Ensure the digital records are current, accessible, and that any departmental public references to the maps match the statutory records.
General compliance and risk management
Legal and strategic review. Given the Act’s strong limits (including s 6 no compensation) and its priority over other statutes (s 7), obtain legal advice to assess any contractual, property, financial or regulatory exposure arising from the termination or variation of a lease, and to consider potential administrative review or other legal responses to ministerial decisions.
Documentation and audit trail. Keep detailed records of any engagement with native title bodies, cultural heritage study commissioning and results, all applications in the approved form, and any communications with the Minister or administering authority, since those records may be relevant to compliance verification or administrative review.
Consult the consolidated statute and schedules. The Act makes operative references to schedules 1 and 2 for precise list and terms of renewed or varied leases. In the absence of the schedules in the supplied text, consult the consolidated Act as published by the Queensland parliament or official database to identify the impact on specific leases.
Following these steps will align operational practice with the Act’s statutory requirements and timelines and reduce the risk of non-compliance with the specific constraints and recordkeeping obligations the statute imposes.
pt.2 Dealing with mining interests in the North Stradbroke Island Region
Dealing with mining interests in the North Stradbroke Island Region
pt.2-div.1 General provision
General provision
sec.6 No compensation
sec.6 No compensation
No amount, whether as compensation, reimbursement or otherwise, is payable by the State to any person for or in connection with the enactment or operation of this part.
pt.2-div.2 Provisions about mining interests
Provisions about mining interests
sec.7 Application of pt 2
sec.7 Application of pt 2
This part applies—
in relation to an NSI mining interest, including the granting of an NSI mining interest; and
despite the Mineral Resources Act or any other Act or law.
(a) in relation to an NSI mining interest, including the granting of an NSI mining interest; and
(b) despite the Mineral Resources Act or any other Act or law.
sec.8 Termination of particular NSI mining interests
sec.8 Termination of particular NSI mining interests
This section applies to an NSI mining interest if, under the Mineral Resources Act , the term of the mining interest would, apart from this section, and unless ended sooner for any reason, end after 31 December 2019.
This section does not apply to the following mining leases—
1105;
1108;
1109;
1124;
7064
The term of the NSI mining interest, unless ended sooner for any reason, ends at the end of 31 December 2019, and the mining interest can not at any time be renewed.
The holder of the NSI mining interest may not at any time apply for a renewal of the mining interest under the Mineral Resources Act after the commencement.
(sec.8-ssec.1) This section applies to an NSI mining interest if, under the Mineral Resources Act , the term of the mining interest would, apart from this section, and unless ended sooner for any reason, end after 31 December 2019.
(sec.8-ssec.2) This section does not apply to the following mining leases— 1105; 1108; 1109; 1124; 7064
(sec.8-ssec.3) The term of the NSI mining interest, unless ended sooner for any reason, ends at the end of 31 December 2019, and the mining interest can not at any time be renewed.
(sec.8-ssec.4) The holder of the NSI mining interest may not at any time apply for a renewal of the mining interest under the Mineral Resources Act after the commencement.
(a) 1105;
(b) 1108;
(c) 1109;
(d) 1124;
(e) 7064
sec.9 Termination of mining lease 1109
sec.9 Termination of mining lease 1109
The term of mining lease 1109, unless ended sooner for any reason, ends on the commencement of the North Stradbroke Island Protection and Sustainability and Other Acts Amendment Act 2016 , part 2 .
The holder of mining lease 1109 may not at any time apply for a renewal of the mining lease under the Mineral Resources Act .
s 9 amd 2013 No. 63 s 6 ; 2016 No. 32 s 6
(sec.9-ssec.1) The term of mining lease 1109, unless ended sooner for any reason, ends on the commencement of the North Stradbroke Island Protection and Sustainability and Other Acts Amendment Act 2016 , part 2 .
(sec.9-ssec.2) The holder of mining lease 1109 may not at any time apply for a renewal of the mining lease under the Mineral Resources Act .
sec.10 Particular NSI mining interests not to be renewed
sec.10 Particular NSI mining interests not to be renewed
An application for renewal of a relevant NSI mining interest made under the Mineral Resources Act but not decided before the commencement—
can not be further dealt with under that Act; and
is taken to have been withdrawn by the applicant on the commencement.
The holder of a relevant NSI mining interest may not apply for a renewal of the mining interest under the Mineral Resources Act after the commencement.
A renewal of a relevant NSI mining interest can not be granted under the Mineral Resources Act .
In this section—
holder , of a relevant NSI mining interest, means the holder of the mining interest under the Mineral Resources Act .
relevant NSI mining interest means an NSI mining interest in force on the commencement other than the following—
an NSI mining interest mentioned in schedule 1 , column 1;
an NSI mining interest mentioned in schedule 2 , column 1;
a mining interest to which section 8 or 9 applies.
s 10 amd 2013 No. 63 s 7 ; 2016 No. 32 s 7
(sec.10-ssec.1) An application for renewal of a relevant NSI mining interest made under the Mineral Resources Act but not decided before the commencement— can not be further dealt with under that Act; and is taken to have been withdrawn by the applicant on the commencement.
(sec.10-ssec.2) The holder of a relevant NSI mining interest may not apply for a renewal of the mining interest under the Mineral Resources Act after the commencement.
(sec.10-ssec.3) A renewal of a relevant NSI mining interest can not be granted under the Mineral Resources Act .
(sec.10-ssec.4) In this section— holder , of a relevant NSI mining interest, means the holder of the mining interest under the Mineral Resources Act . relevant NSI mining interest means an NSI mining interest in force on the commencement other than the following— an NSI mining interest mentioned in schedule 1 , column 1; an NSI mining interest mentioned in schedule 2 , column 1; a mining interest to which section 8 or 9 applies.
(a) can not be further dealt with under that Act; and
(b) is taken to have been withdrawn by the applicant on the commencement.
(a) an NSI mining interest mentioned in schedule 1 , column 1;
(b) an NSI mining interest mentioned in schedule 2 , column 1;
(c) a mining interest to which section 8 or 9 applies.
sec.11 Renewal of particular NSI mining leases
sec.11 Renewal of particular NSI mining leases
On the commencement, each mining lease mentioned in schedule 1 , column 1 is taken to have been renewed under the Mineral Resources Act .
The mining lease is renewed—
for the term stated opposite the mining lease in schedule 1 , column 2; and
subject to—
each condition stated opposite the mining lease in schedule 1 , column 3; and
any condition to which the mining lease was subject immediately before the renewal.
The renewals have effect as if they were granted by the Governor in Council under the Mineral Resources Act .
If there is an inconsistency between a condition mentioned in subsection (2) (b) (i) and a condition mentioned in subsection (2) (b) (ii) , the condition mentioned in subsection (2) (b) (i) prevails to the extent of the inconsistency.
A mining lease mentioned in schedule 1 , column 1 can not at any time be renewed after the end of the term stated opposite the mining lease in schedule 1 , column 2.
The holder of a mining lease mentioned in schedule 1 , column 1 may not at any time apply for a renewal of the mining lease under the Mineral Resources Act after the commencement.
This section does not limit the application of any provisions of the Mineral Resources Act to the renewed mining lease including, for example, provisions about cancelling a mining lease or reducing its area.
The renewal of each lease does not create any rights in addition to the rights created in the initial granting of the relevant lease.
s 11 amd 2013 No. 63 s 8 ; 2016 No. 32 s 8
(sec.11-ssec.1) On the commencement, each mining lease mentioned in schedule 1 , column 1 is taken to have been renewed under the Mineral Resources Act .
(sec.11-ssec.2) The mining lease is renewed— for the term stated opposite the mining lease in schedule 1 , column 2; and subject to— each condition stated opposite the mining lease in schedule 1 , column 3; and any condition to which the mining lease was subject immediately before the renewal.
(sec.11-ssec.3) The renewals have effect as if they were granted by the Governor in Council under the Mineral Resources Act .
(sec.11-ssec.4) If there is an inconsistency between a condition mentioned in subsection (2) (b) (i) and a condition mentioned in subsection (2) (b) (ii) , the condition mentioned in subsection (2) (b) (i) prevails to the extent of the inconsistency.
(sec.11-ssec.5) A mining lease mentioned in schedule 1 , column 1 can not at any time be renewed after the end of the term stated opposite the mining lease in schedule 1 , column 2.
(sec.11-ssec.6) The holder of a mining lease mentioned in schedule 1 , column 1 may not at any time apply for a renewal of the mining lease under the Mineral Resources Act after the commencement.
(sec.11-ssec.7) This section does not limit the application of any provisions of the Mineral Resources Act to the renewed mining lease including, for example, provisions about cancelling a mining lease or reducing its area.
(sec.11-ssec.8) The renewal of each lease does not create any rights in addition to the rights created in the initial granting of the relevant lease.
(a) for the term stated opposite the mining lease in schedule 1 , column 2; and
(b) subject to— (i) each condition stated opposite the mining lease in schedule 1 , column 3; and (ii) any condition to which the mining lease was subject immediately before the renewal.
(i) each condition stated opposite the mining lease in schedule 1 , column 3; and
(ii) any condition to which the mining lease was subject immediately before the renewal.
(i) each condition stated opposite the mining lease in schedule 1 , column 3; and
(ii) any condition to which the mining lease was subject immediately before the renewal.
sec.11A Part of mining lease 1120 subject to particular condition for renewal
sec.11A Part of mining lease 1120 subject to particular condition for renewal
On and from the commencement, mining lease 1120 is subject to the condition stated opposite the mining lease in schedule 1 , column 3 only in relation to the area of land, over which the lease is granted, that is outside the restricted mine path for the mining lease.
s 11A ins 2013 No. 63 s 9
sub 2016 No. 32 s 9
Section sec.11B
s 11B ins 2013 No. 63 s 9
om 2016 No. 32 s 10
Section sec.11C
s 11C ins 2013 No. 63 s 9
om 2016 No. 32 s 10
Section sec.11D
s 11D ins 2013 No. 63 s 9
om 2016 No. 32 s 10
Section sec.11E
s 11E ins 2013 No. 63 s 9
om 2016 No. 32 s 10
Section sec.11F
s 11F ins 2013 No. 63 s 9
om 2016 No. 32 s 10
Section sec.11G
s 11G ins 2013 No. 63 s 9
om 2016 No. 32 s 10
Section sec.11H
s 11H ins 2013 No. 63 s 9
om 2016 No. 32 s 10
Section sec.11I
s 11I ins 2013 No. 63 s 9
om 2016 No. 32 s 10
Section sec.11J
s 11J ins 2013 No. 63 s 9
om 2016 No. 32 s 10
sec.12 Variation of conditions for particular NSI mining leases
sec.12 Variation of conditions for particular NSI mining leases
On the commencement, the conditions of each mining lease mentioned in schedule 2 , column 1 are varied as follows—
the term of the mining lease is varied to be the term stated opposite the mining lease in schedule 2 , column 2;
from the day the mining lease would have expired apart from this section, the conditions of the mining lease are varied to include each condition stated opposite the mining lease in schedule 2 , column 3.
The variations of the conditions of the mining leases have effect as if they were made by the Governor in Council under the Mineral Resources Act , section 294 .
If there is an inconsistency between a condition mentioned in subsection (1) (b) and a condition to which the mining lease was subject immediately before the variation of the term of the mining lease, the condition mentioned in subsection (1) (b) prevails to the extent of the inconsistency.
A mining lease mentioned in schedule 2 , column 1 can not at any time be renewed after the end of the term stated opposite the mining lease in schedule 2 , column 2.
The holder of a mining lease mentioned in schedule 2 , column 1 may not at any time apply for a renewal of the mining lease under the Mineral Resources Act after the commencement.
This section does not limit the application of any provisions of the Mineral Resources Act to the mining lease as varied by this section including, for example, provisions about cancelling a mining lease or reducing its area.
The variation of the conditions of each lease does not create any rights in addition to the rights created in the initial granting of the relevant lease.
(sec.12-ssec.1) On the commencement, the conditions of each mining lease mentioned in schedule 2 , column 1 are varied as follows— the term of the mining lease is varied to be the term stated opposite the mining lease in schedule 2 , column 2; from the day the mining lease would have expired apart from this section, the conditions of the mining lease are varied to inclu
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