By Martin Klapper, Partner and Gavin Batcheler, Senior Associate
A new Bill designed to streamline processes and production for resources companies was introduced in the Legislative Assembly yesterday.
The Mines Legislation (Streamlining) Amendment Bill 2012, if passed, will provide a number of amendments which relate to resources companies in the areas of approvals, compulsory acquisitions, CSG/LNG production, and mine site health and safety.
The Government has invited written submissions on the Bill by Wednesday 8 August, with a public hearing to be held at 10.00am on Friday 10 August.
Here, partner Martin Klapper and senior associate Gavin Batcheler outline the purpose and key features of the Bill.
Key points
The Bill aims to:
- clarify the legislative framework relating to the compulsory acquisition of land as it relates to resources interests;
- implement part of the Streamlining Approvals Project;
- confirm and clarify current jurisdictional arrangements relating to the regulation of hazardous chemicals, major hazard facilities and operating plants; and
- provide increased regulatory certainty for all parties involved in the State's emerging Coal Seam Gas (CSG) to Liquid Natural Gas (LNG) industry.
Compulsory acquisition
The Bill makes it clear that the compulsory acquisition of land should not extinguish resources interests (that is, rights under resource tenures and authorities). This is a move away from the policy and legislative approach taken previously.
Streamlining
The Streamlining Approvals Project began in January 2009, with the aim of reducing the time taken to process resource permit applications without compromising the assessment process.
The Bill incorporates amendments recommended by the various reports produced by the Streamlining Approvals Project, and includes:
- the introduction of an online service, where industry can transact with Government in a 'seamless online environment'; and
- the establishment of a common structure, terminology and assessment processes for resource activities required under the five resource Acts (the Mineral Resources Act 1989, Petroleum and Gas (Production and Safety) Act 2004, Petroleum Act 1923, Greenhouse Gas Storage Act 2009 and Geothermal Energy Act 2010) with the aim of greater departmental flexibility and responsiveness.
CSG/LNG industry
Queensland's emerging CSG to LNG industry is regulated by the petroleum Acts (the Petroleum and Gas (Production and Safety) Act 2004 and Petroleum Act 1923), which need further amendments to allow greater production flexibility.
The amendments aim to:
- allow scheduling of production needs to respond to unexpected production success or failure;
- allow for conflicting schedules for petroleum production, including enabling gas extraction prior to coal extraction;
- allow greater flexibility in the transportation and treatment of CSG water and brine;
- allow for the registration of pipeline easements; and
- provide consistency in the definition of 'occupier' across resource legislation.
Safety and health
The Bill also seeks to clarify the application of health and safety legislation (the Work Heath and Safety Act 2011 and Petroleum and Gas (Production and Safety) Act 2004) relating to chemicals, major hazard facilities and operating plants.
Making a submission
The Mines Legislation (Streamlining) Amendment Bill 2012, explanatory notes and submission guidelines are available online.
Once the committee has received submissions and announced its findings, HopgoodGanim will provide further analysis of what these changes may mean for you.
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