Mineral and Energy Resources and Other Legislation Amendment Regulation 2025

1Short title

This regulation may be cited as the Mineral and Energy Resources and Other Legislation Amendment Regulation 2025.

2Commencement

This regulation commences on 19 June 2025.

3Regulation amended

This part amends the Geothermal Energy Regulation 2022.

Note—

See also the amendment in schedule 1.

4Amendment of sch 4 (Annual rent)

Schedule 4, ‘$’—
omit, insert—

Fee units

5Regulation amended

This part amends the Greenhouse Gas Storage Regulation 2021.

Note—

See also the amendments in schedule 1.

6Amendment of s 33 (Security for GHG authorities)

Section 33(2)—
omit, insert—

(2)For section 271(2)(b) of the Act, the following amounts are prescribed—

(a)for a GHG permit or proposed GHG permit—$16,350;

(b)for a GHG lease or proposed GHG lease—$47,690;

(c)for a GHG data acquisition authority or proposed GHG data acquisition authority—$14,305.

7Regulation amended

This part amends the Mineral and Energy Resources (Common Provisions) Regulation 2016.

Note—

See also the amendments in schedule 1.

8Amendment, relocation and renumbering of s 33 (Arbitration election notice—Act, s 91A)

(1)Section 33, heading, ‘s 91A’—
omit, insert—

s 196N

(2)Section 33(1), ‘section 91A(3)(f)’—
omit, insert—

section 196N(e)

(3)Section 33(2)(a), ‘section 91A(4)’—
omit, insert—

section 91A(3)

(4)Section 33—
relocate to chapter 6, part 2 as inserted by this regulation and renumber as section 61A.

9Insertion of new ch 6, pt 1 and pt 2, hdg

Before section 61—
insert—

Part 1 Arrangement for deferring payment of rent

Division 1 Preliminary

60APurpose of part

For section 204B of the Act, this part provides for an arrangement for deferring the payment of rent payable for a resource authority because of hardship.

60BApplication of part

This part does not apply in relation to the payment of rent that is required to be paid on the grant of a resource authority.

Example of rent required to be paid on grant of resource authority—

rental payable, under the Mineral Resources Act, section 290(1), on the grant of a mining lease for the first rental period for the lease

60C Definitions for part

In this part—

affected resource authority see section 60D(1).

deferral declaration see section 60D(2).

deferral period, for the payment of rent, means the period for which the payment of the rent is deferred under division 2.

deferred rent, for a resource authority, means rent payable for the authority the payment of which is deferred under division 2.

exceptional circumstances, affecting a resource authority, means exceptional circumstances that—

(a)result in significant adverse economic impacts on the authority; and

(b)are outside the control of the authority’s holder.

Examples of exceptional circumstances that may satisfy paragraphs (a) and (b)—

a natural disaster, a pandemic

payment day means—

(a)for deferred rent for a resource authority—the day on or before which the deferred rent must be paid; or

(b)for an instalment of deferred rent for a resource authority—the day on or before which the instalment of the deferred rent must be paid.

Division 2 Arrangement

Subdivision 1 Making deferral declaration

60DDeclaration of hardship area

(1)This section applies if the Minister is satisfied a holder of a resource authority (an affected resource authority) is suffering hardship because of exceptional circumstances affecting the authority.

(2)The Minister may, by notice (a deferral declaration) published on the department’s website or the Queensland Government business and industry portal, declare an area comprising, or including, the authorised area for an affected resource authority as a hardship area.

60EContent of deferral declaration

(1)A deferral declaration must state—

(a)the affected resource authorities to which the declaration relates; and

(b)details of the hardship being suffered by the holders of the authorities, including—

(i)the exceptional circumstances affecting the authorities; and

(ii)when the circumstances started; and

(c)each area declared as a hardship area; and

(d)that the payment of all or part of the rent that, but for the declaration, would have been payable by the holder of each affected resource authority, is deferred; and

(e)if the payment of only part of the rent is deferred—the proportion of the rent that is deferred; and

(f)the period, of not more than 1 year, for which the payment of the rent is deferred; and

(g)the terms of payment of the deferred rent, including—

(i)whether the deferred rent is to be paid in instalments; and

(ii)the day on or before which the deferred rent must be paid or, if the deferred rent is to be paid in instalments, the day on or before which each instalment of the deferred rent must be paid.

(2)For subsection (1)(a), the affected resource authorities may be stated by reference to either, or a combination of both, of the following—

(a)all resource authorities of a particular type;

(b)a list of stated resource authorities.

(3)For subsection (1)(c), an area may be declared as a hardship area by reference to either, or a combination of both, of the following—

(a)an area comprising or including the authorised area for an affected resource authority;

(b)an area in a local government area.

60FInstalments may only be annual

Instalments for the payment of deferred rent may only be annual instalments.

60GDifferent payment days

The payment day for deferred rent, or each instalment of deferred rent, may be different for holders of different types of affected resource authorities.

60HTime limit for payment day

The payment day for deferred rent, or each instalment of deferred rent, for a resource authority must be within 5 years after the last day of the deferral period for the payment of rent.

Subdivision 2 Amending deferral declaration

60IApplication of subdivision

This subdivision applies if the Minister—

(a)has made a deferral declaration; and

(b)is satisfied an amendment of the deferral declaration, under this subdivision, is appropriate because the holders of the affected resource authorities to which the declaration relates continue to suffer hardship because of exceptional circumstances affecting the authorities.

60JAmending deferral declaration

(1)The Minister may, by notice published on the department’s website or the Queensland Government business and industry portal, amend a deferral declaration under either or both of sections 60K and 60L.

(2)However, the Minister may amend a deferral declaration under this subdivision only before the day that is 20 business days before the last day of the current deferral period for the payment of rent.

60KAmendment to fix later payment day for deferred rent

(1)The Minister may amend a deferral declaration to fix a later payment day for deferred rent.

(2)However, the Minister may amend a deferral declaration under this section only once.

(3)Also, the Minister may not amend a deferral declaration to fix a later payment day for an instalment of deferred rent.

(4)Further, section 60H applies in relation to an amendment of a deferral declaration under this section.

60L Amendment to extend deferral period for payment of rent

(1)The Minister may amend a deferral declaration to—

(a)extend a deferral period for payment of rent for a further period of not more than 1 year; and

(b)decide the terms of payment of the deferred rent for the further period, including—

(i)whether the deferred rent is to be paid in instalments; and

(ii)the day on or before which the deferred rent must be paid or, if the deferred rent is to be paid in instalments, the day on or before which each instalment of the deferred rent must be paid.

(2)The Minister may amend a deferral declaration under this section even if the Minister has previously amended the deferral declaration under this section (whether once or more than once).

(3)Also, sections 60F to 60H apply in relation to an amendment of a deferral declaration under this section.

Division 3 Ending of arrangement

60MReferences to deferral

In this division, a reference to the deferral of the payment of rent under division 2 includes a reference to the authorisation under that division of the payment of the deferred rent on or before a stated day.

60NCessation of deferral on making of relevant application

(1)This section applies if—

(a)the payment of rent for a resource authority is deferred under division 2; and

(b)a relevant application for the authority is made.

(2)The deferral of the payment of the rent stops applying in relation to the resource authority from the day the relevant application for the authority is made.

(3)In this section—

relevant application, for a resource authority, means each of the following applications—

(a)an application to renew the authority;

(b)an application for approval of a prescribed dealing, with the authority, that is an assessable transfer other than a transfer of a share in the authority;

(c)an application, under a Resource Act, for another type of resource authority that, if granted—

(i)

would be over all or part of the authorised area for the authority (the original authority); and

(ii)would result in—

(A)the ending of the original authority; or

(B)the removal of part of the authorised area from the original authority;

Examples of applications for paragraph (c)—

•an application, for a mining tenement, mentioned in the Mineral Resources Act, section 177 or 226A

•an ATP-related application under the P&G Act, section 117

•a grant application under the P&G Act, section 908

•an application for a geothermal lease under the Geothermal Act, section 77

•a permit-related application under the Greenhouse Gas Act, section 113

(d)if the authority is a petroleum tenure under the P&G Act—an application relating to the tenure under section 103, 107AA, 170A or 171 of that Act.

60OCessation of deferral on making or giving of surrender instrument

(1)This section applies if—

(a)the payment of rent for a resource authority is deferred under division 2; and

(b)a surrender instrument for the authority is made or given.

(2)The deferral of the payment of the rent stops applying in relation to the resource authority from the day the surrender instrument for the authority is made or given.

(3)In this section—

surrender instrument, for a resource authority, means any of the following made or given under the relevant Resource Act for the authority—

(a)an application to surrender the authority;

(b)an application to surrender all or part of the authorised area for the authority;

(c)a notice to surrender the authority.

60PCessation of deferral on ending of resource authority

(1)This section applies if—

(a)the payment of rent for a resource authority is deferred under division 2; and

(b)the authority is cancelled or terminated, or otherwise ends, under a Resource Act.

(2)The deferral of the payment of the rent stops applying in relation to the resource authority from the day the authority is cancelled or terminated or otherwise ends.

Part 2 Other provisions

10Amendment of sch 2 (Fees)

Schedule 2, item 1, after ‘authority’—
insert—

or an application for a mining lease

11Amendment of sch 3 (Dictionary)

Schedule 3—
insert—

affected resource authority, for chapter 6, part 1, see section 60D(1).

deferral declaration, for chapter 6, part 1, see section 60D(2).

deferral period, for the payment of rent, for chapter 6, part 1, see section 60C.

deferred rent, for a resource authority, for chapter 6, part 1, see section 60C.

exceptional circumstances, affecting a resource authority, for chapter 6, part 1, see section 60C.

payment day, for chapter 6, part 1, see section 60C.

12Regulation amended

This part amends the State Penalties Enforcement Regulation 2014.

13Amendment of sch 1 (Infringement notice offences and fines for nominated laws)

Schedule 1, entry for Fossicking Act 1994, entry for section 27(4)—
omit.

14Legislation amended

Schedule 1 amends the legislation it mentions.

section 14

1Section 37(1), ‘section 196(1)’—

omit, insert—

section 196(2)

1Section 10, note—

omit.

2Section 28(1), ‘section 261(1)’—

omit, insert—

section 261(2)

1Rule 48(1)(c), ‘section 88(5)’—

omit, insert—

section 88(4)

1Section 4(1)(b), ‘paragraph (b)’—

omit, insert—

paragraph (a)

2Section 15(1) and (3), ‘section 26(2)(a)’—

omit, insert—

section 26(3)(a)

1Section 22, ‘section 276(1)(m)’—

omit, insert—

section 276(1)(n)

2Section 29A(2)(d), before ‘any’—

insert—

include

1Section 52(1), ‘section 550(1)’—

omit, insert—

section 550(2)

2Section 52(1), ‘section 76D(1)’—

omit, insert—

section 76D(2)

3Section 72, ‘For of’—

omit, insert—

For the