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New energy law raises concerns


Shine Lawyers energy law team has urged Queensland landholders to ensure their voices are heard regarding ‘very concerning’ proposed changes to the state’s energy and resource sector legislation.

According to the team, the Mineral and Energy Resources Bill presented to parliament on 5th June 2014, proposes to replace five existing pieces of legislation with a single, common resource Act.

The proposals of most concern, include:

  1. Amendments to restricted land: The Bill proposes to significantly alter the definition of restricted land and with it alter landholder rights to the point where landholders may lose the protection currently offered by restricted land.
  1. Rights of objection: If the Bill is passed, only those classified as “affected persons” i.e. owners of land subject to a proposed mining lease or land necessary for access to such land, will be able to object to the granting of a mining lease. Neighbours and other concerned citizens won’t be able to object.
  1. Opt-out agreements: The new “opt-out” agreement proposed will negate the requirement of a resource company to enter into a CCA or deferral agreement. This type of agreement may necessitate landholders being hyper vigilant when approached by a resource company.
  1. Remediation of bores: A person appointed by the Chief Executive will be able to enter land and remediate a bore simply by providing a Notice that it wishes to do so, severely interfering with landholders rights.
Landholders are urged to review, consider and make appropriate submissions to the Agriculture, Resource and Environment Committee by 30 June. Submissions can be made here or by emailing AREC@parliament.qld.gov.au.

For more information or to discuss any aspects of the Bill, contact the energy law team today.

 

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Written by Shine Lawyers on June 19, 2014. Last modified: September 26, 2018.

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