Further to our recent blog, 10 August, the Queensland Government has taken a significant step towards its commitment to cut red tape for the resources sector by passing the Mines Legislation (Streamlining) Amendment Act 2012 (Qld) (Streamlining Act). The Streamlining Act received assent on 29 August 2012, however the sections that will substantially amend Queensland resources legislation have not yet commenced. The Streamlining Act aims to clarify the legislative framework relating to the compulsory acquisition of land in regards to resource interests, and implement part of the Government’s Streamlining Approvals Project.
The amending provisions that have already commenced aim to clarify the relationship between the compulsory acquisition of land and resource interests. A resumption notice for the taking of land does not extinguish interests (resource interests) under the Mineral Resources Act 1989 (Qld), Petroleum and Gas (Production and Safety) Act 2004 (Qld), Petroleum Act 1923 (Qld), Greenhouse Gas Storage Act 2009 (Qld) and Geothermal Energy Act 2010 (Qld) unless stated in the resumption notice. A resumption notice may provide for the extinguishment of a resource interest only to the extent that the interest is incompatible with the purpose for which the land was taken. If a resource interest is compulsorily acquired, no compensation is payable for the value of that resource.
Other provisions of the Streamlining Act which have commenced provide for the transportation and treatment of coal seam gas water, and other minor amendments. It is not yet known when the remaining provisions of the Streamlining Act will come into force.