Report No. 5, 56th Parliament - Land, Explosives and Other Legislation Amendment Bill 2018

Committee's report

The committee tabled its report on 19 April 2018 and an addendum to the report on 20 April 2018. The government's response to the committee's report was tabled on 19 July 2018. The Bill was passed with amendments by the Queensland Parliament on 26 February 2019.

View:Erratum to Report
View:Government response
View:Debate of the Bill in Parliament:
Transcript 15 November 2018 (pages 3617-3625) and (pages 3648-3661)
Transcript 26 March 2019 (pages 678-687)
The debate can be viewed by clicking on the movie icon within the transcripts.
View:Land, Explosives and Other Legislation Amendment Bill 2018
View:Explanatory notes
View:Explanatory speech

About the Bill

On 15 February 2018, the Hon Dr Anthony Lynham MP, Minister for Natural Resources, Mines and Energy, introduced the Land, Explosives and Other Legislation Amendment Bill 2018 into the Queensland Parliament.  The Bill was referred to the State Development, Natural Resources and Agricultural Industry Development Committee for detailed consideration. 

The explanatory notes state that the policy objectives of the Bill are to:

  • streamline and ensure the effectiveness of key regulatory frameworks within the Natural Resources and Mines portfolio, enhance worker and community safety and security in the explosives and gas sectors, and
  • support the protection and cooperative management of cultural and natural values of Cape York Peninsula.

The Bill will:

  • amend the Aboriginal Land Act 1991, and Torres Strait Islander Act 1991, to:
    • provide the option of granting land to a Registered Native Title Body Corporate (RNTBC) outside of their determined native title area;
    • allow the setting by agreement of sale prices for social housing on Indigenous land;
  • protect the cultural and natural values of the Shelburne and Bromley properties on Cape York Peninsula;
  • improve security, safety and transportation requirements under the Explosives Act 1999;
  • amend the definitions of who meets the criteria for notifying the State under the Foreign Ownership of Land Register Act 1988, so that those definitions are consistent with other state legislation (i.e. the Duties Act 2001);
  • provide for contemporary compliance powers in the Land Act 1994;
  • further enhance rolling term lease provisions on regulated islands by enabling marine term leases to become rolling term leases where they are tied by covenant to, and provide infrastructure which supports a rolling term, or perpetual, tourism lease;
  • enable the State to rapidly deal with dangerous structures on state land that pose a risk to public safety, and to address poorly maintained, unsafe and inappropriate buildings and structures on lease or permit to occupy state land. The amendments also enable the State to recover any removal and remediation costs if necessary;
  • further facilitate the take-up of online conveyancing by:
    • amending the Land Title Act 1994 to eliminate the need for remaining duplicate paper certificates of title; and
    • updating, and clarifying certain titling provisions;
  • address minor issues associated with the overlapping tenure framework for coal and coal seam gas (overlapping tenure framework);
  • amend the Petroleum and Gas (Production and Safety) Act 2004 to resolve operational deficiencies in the Act, streamline regulatory requirements and make the overall gas safety legislation more contemporary. These amendments clarify and improve operational safety outcomes for workers in the gas sector and users of gas plant and appliances by:
    • revising safety reporting requirements for operating plant so they are real time and support effective gas safety regulation;
    • confirming an operator of operating plant can be a corporation or an individual;
    • establishing a transparent process for appointing approving authorities for gas devices;
    • rationalising safety requirements for all fuel gas delivery networks; and
    • aligning other safety provisions with Queensland’s mining safety legislation and general work place laws;
  • introduce a framework to manage abandoned operating plant; and
  • make minor amendments to correct errors and omissions in the Aboriginal Land Act 1991, Land Act 1994, Land Title Act 1994, Petroleum and Gas (Production and Safety) Act 2004, and the Torres Strait Islander Land Act 1991.

It should be noted that the Land, Explosives and Other Legislation Amendment Bill 2018, was originally referred to the Infrastructure, Planning and Natural Resources Committee (IPNRC) prior to the dissolution of Parliament for the 2017 election. That bill lapsed when the 55th Parliament was dissolved. The subject Bill is substantially the same as the previous Bill.

The committee may have regard to any evidence provided to the previous committee whilst considering the subject bill.  See former committee inquiry here.


Submissions closed:27 February 2018 - see "view submissions" tab above
Public briefing:5 March 2018 - transcript
Public hearing:13 April 2018 - Cairns - transcript
Report tabled:19 April 2018 - report - erratum to report
The Committee of the Legislative Assembly approved a change to the reporting date to accommodate a regional public hearing in Cairns.
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