An Act to amend the Environmental Protection Act 1994, the Mineral Resources Act 1989 and the legislation mentioned in schedule 1 for particular purposes
The Parliament of Queensland enacts—
This Act may be cited as the Mineral Resources and Other Legislation Amendment Act 2026.
(1)The following provisions commence on the date of assent—(a)section 37;(b)section 55;(c)section 56, other than to the extent it inserts new chapter 15, part 24, division 3;(d)section 57(1).(2)The remaining provisions of this Act commence on a day to be fixed by proclamation.
Part 2 Amendment of Environmental Protection Act 1994
This part amends the Environmental Protection Act 1994.See also the amendments in schedule 1.
4Amendment of s 55 (Acceptance of submissions)
(1)Section 55(1)(a) to (c)—
omit, insert—(a)is in the approved form; and(2)Section 55(1)(d) and (e)—
renumber as section 55(1)(b) and (c).
5Amendment of s 112 (Other key definitions for ch 5)
Section 112, definition PRCP schedule, paragraph (b), after ‘conditions’—
insert—or amendment
6Replacement of s 149 (When notification stage applies)
Section 149—
omit, insert—149When notification stage applies
Subject to section 150, the notification stage applies to an application if the application is a site-specific application and any part of the application is for a geothermal activity, GHG storage activity or petroleum activity.
7Amendment of s 150 (Notification stage does not apply to particular applications)
Section 150(1)—
omit, insert—(1)This section applies to an application for an environmental authority if—(a)any of the following applies—(i)for an EIS under this Act—the EIS for each relevant activity the subject of the application has been publicly notified under section 51;(ii)for an EIS under the State Development Act—the draft EIS for each relevant activity the subject of the application has been publicly notified under section 33 of that Act;(iii)for an IAR under the State Development Act—the draft IAR for each relevant activity the subject of the application has been publicly notified under section 34H of that Act; and(b)since the public notification mentioned in paragraph (a)—(i)the environmental risks of each relevant activity and the way it will be carried out have not changed; or(ii)if the application proposes a change to the way a relevant activity will be carried out—the administering authority is satisfied the change would not be likely to attract a submission objecting to the thing the subject of the change, if the notification stage were to apply to the change.
8Amendment of s 151 (When notification stage can start)
Section 151(2)—
omit.
9Amendment of s 153 (Required content of application notice)
Section 153(3)(a) and (b)—
omit, insert—(a)the environmental risks of the activity that have changed as a result of the proposed changes to the way the relevant activity is to be carried out;(b)the proposed changes to the way the relevant activity is to be carried out.
10Omission of s 154 (Submission period for application—mining activities)
Section 154—
omit.
11Amendment of s 155 (Submission period for application—other resource activities)
(1)Section 155, heading, from ‘—other’—
omit.(2)Section 155, ‘other than a mining activity’—
omit.
12Amendment of s 156 (Publication of application notice and documents on website)
(1)Section 156(1)—
omit.(2)Section 156(3), ‘subsection (2)’—
omit, insert—subsection (1)
(3)Section 156(2) to (4)—
renumber as section 156(1) to (3).
13Amendment of s 157 (Public access to application documents)
(1)Section 157(2), definition access period, paragraph (b)(ii) and (iii)—
omit.(2)Section 157(2), definition access period, paragraph (b)(iv)—
renumber as paragraph (b)(ii).
14Amendment of s 158 (Declaration of compliance)
Section 158(1)(b)—
omit, insert—(b)the requirement under section 156 to make a copy of the documents mentioned in section 156(1) available on a website.
15Amendment of s 160 (Right to make submission)
(1)Section 160(1), from ‘or’—
omit.(2)Section 160(2)(a) and (b)—
omit, insert—(a)the environmental risks of the activity that have changed as a result of the proposed changes to the way the relevant activity is to be carried out;(b)the proposed changes to the way the relevant activity is to be carried out.
16Amendment of s 161 (Acceptance of submission)
(1)Section 161(1)(a) and (b)—
omit, insert—(a)is in the approved form; and(2)Section 161(1)(c) to (e)—
renumber as section 161(1)(b) to (d).
17Amendment of ch 5, pt 5, div 2, sdiv 1A, hdg (Standard applications—general)
Chapter 5, part 5, division 2, subdivision 1A, heading, ‘— general’—
omit.
18Amendment of s 169A (Approval of standard applications generally)
(1)Section 169A, heading, ‘generally’—
omit.(2)Section 169A(1)(a), from ‘, other’ to ‘lease’—
omit.(3)Section 169A, note 1—
omit.
19Replacement of ch 5, pt 5, div 2, sdiv 2, hdg (Other applications)
Chapter 5, part 5, division 2, subdivision 2, heading—
omit, insert—
20Omission of ss 170, 175 and 177
Sections 170, 175 and 177—
omit.
21Replacement of ch 5, pt 5, div 3 (Applications for mining activities relating to a mining lease)
Chapter 5, part 5, division 3—
omit, insert—In this division—eligible entity, for a site-specific application for a mining activity relating to a mining lease, means an eligible entity for the application for the mining lease, as defined under the Mineral Resources Act, section 260(6).last objection day, stated in a mining lease notice for an application for a mining lease, see the Mineral Resources Act, section 252(3)(i).mining lease notice, for an application for a mining lease, means the mining lease notice given to the applicant under the Mineral Resources Act, section 252.This division applies to a site-specific application for a mining activity relating to a mining lease.182Administering authority must issue draft documents
(1)This section applies if the administering authority decides—(a)under section 172(2)(a) to approve subject to conditions a site-specific application for a mining activity relating to a mining lease; or(b)under section 172(3)(a) to approve a proposed PRCP schedule for a proposed PRC plan for a site-specific application for a mining activity relating to a mining lease, with or without conditions or amendment.(2)Within 5 business days after making the decision, the administering authority must issue the following documents to the applicant—(a)a draft environmental authority in the approved form;(b)a draft PRCP schedule.(3)Immediately after issuing the draft documents, the administering authority must give a notice to the MRA chief executive stating—(a)the draft documents have been issued; and(b)where the draft documents may be inspected or accessed.183 Objection to draft documents by eligible entity
(1)An eligible entity for a site-specific application for a mining activity relating to a mining lease may, on or before the last objection day stated in the mining lease notice for the application for the mining lease, lodge with the administering authority—(a)an objection to the draft environmental authority for the site-specific application; or(b)an objection to the draft PRCP schedule for the site-specific application.1See the Mineral Resources Act, section 252(3)(h)(iv) for the requirement to state in the mining lease notice relating to the application for the mining lease where the draft documents may be inspected or accessed.2See the Mineral Resources Act, section 252A for the requirement to give to particular persons, and publicly notify, the mining lease notice.(2)The grounds of objection must—(a)be in the approved form; and(b)state the grounds of objection and the facts and circumstances relied on by the eligible entity in support of those grounds.(3)The grounds of objection must relate to 1 or more of the following matters—(a)for an objection mentioned in subsection (1)(a)—(i)the draft environmental authority for the site-specific application; or(ii)a matter mentioned in section 176; or(b)for an objection mentioned in subsection (1)(b)—(i)the draft PRCP schedule for the site-specific application; or(ii)a matter mentioned in section 176A.(4)The eligible entity must give a copy of the objection to the applicant on or before the last objection day stated in the mining lease notice for the application for the mining lease.(5)The eligible entity may withdraw the objection by giving written notice to—(a)the administering authority; and(b)if the objection has been referred to the Land Court under section 186(1)(c)—(i)the Land Court; and(ii)the applicant.184 Public submission about draft documents by any person
(1)A person may, on or before the last objection day stated in the mining lease notice for the application for the mining lease relating to a site-specific application for a mining activity relating to a mining lease, lodge with the administering authority—(a)a submission about the draft environmental authority for the site-specific application; or(b)a submission about the draft PRCP schedule for the site-specific application.(2)The submission must—(a)be in the approved form; and(b)state the grounds of the submission and the facts and circumstances relied on by the person in support of those grounds.(3)The person must give a copy of the submission to the applicant on or before the last objection day stated in the mining lease notice for the application for the mining lease.185When administering authority must decide site-specific application
(1)The administering authority must make a decision under section 186 for a site-specific application for a mining activity relating to a mining lease if—(a)the administering authority made a referral to the Land Court under section 186(1)(c) relating to the draft documents for the application and the Land Court made a recommendation under section 192; or(b)the administering authority made a referral to the Land Court under section 186(1)(c) relating to the draft documents for the application that included an objection made under section 183 but, before the Land Court made a recommendation under section 192, all objections made under section 183 were struck out or withdrawn; or(c)the administering authority received an objection made under section 183 but paragraphs (a) and (b) do not apply; or(d)the administering authority received a submission made under section 184 but did not receive an objection made under section 183.If the administering authority received neither an objection under section 183 nor a submission under section 184 relating to the draft documents for the application, the administering authority is required to issue an environmental authority and PRCP schedule under section 195(1)(f) and (2)(b) or, for an amendment application, under section 242(1)(c) and (2)(b).(2)The decision must be made—(a)if the MRA Minister or State Development Minister is given a copy of the Land Court’s recommendation under section 194A—within 20 business days after the end of the period within which either Minister must give advice under section 194B relating to the recommendation; or(b)otherwise—(i)within 10 business days after the earlier of the following to happen—(A)the receipt by the administering authority of notice under section 183(5) that the last remaining objection made under section 183 relating to the draft documents for the application is withdrawn;(B)the remission by the Land Court under section 193(2) of the draft documents for the application or the specific matter; or(ii)if an objection under section 183 was made relating to the draft documents for the application but the administering authority did not refer the draft documents to the Land Court under section 186(1)(c)—within 30 business days after the last objection day mentioned in section 183(4); or(iii)if the administering authority received a submission made under section 184 but did not receive an objection made under section 183—within 30 business days after the last objection day mentioned in section 183(4).(3)The administering authority may, by written notice given to the applicant and without the applicant’s agreement, extend the period mentioned in subsection (2)(b)(ii) or (iii) by not more than 30 business days.(4)Only 1 notice may be given under subsection (3) for the application and it must be given before the period mentioned in subsection (2)(b)(ii) or (iii) ends.(5)However, the period mentioned in subsection (2)(b)(ii) or (iii) may be further extended if the applicant, at any time before the decision is made, gives written agreement to the extension.186Deciding site-specific application
(1)The administering authority may, after considering the criteria mentioned in section 187 for making a decision on a site-specific application for a mining activity relating to a mining lease, decide to—(a)approve the site-specific application either—(i)on the basis of the draft environmental authority and draft PRCP schedule for the site-specific application; or(ii)with conditions or amendments that are different from the draft environmental authority and draft PRCP schedule for the site-specific application; or(b)refuse the site-specific application; or(c)make a referral to the Land Court to conduct a hearing on—(i)each of the following generally—(A)the draft environmental authority for the site-specific application;(B)the draft PRCP schedule for the site-specific application; or(ii)a specific matter stated by the administering authority.(2)However, the administering authority may make a referral under subsection (1)(c) only if the administering authority has received a properly made objection to a draft document for the site-specific application.187 Criteria for deciding site-specific application
(1)In making a decision on a site-specific application for a mining activity relating to a mining lease, the administering authority—(a)must comply with any relevant regulatory requirement; and(b)subject to paragraph (a), must have regard to—(i)the draft environmental authority and draft PRCP schedule for the site-specific application; and(ii)the standard criteria; and(iii)a recommendation of the Land Court, if any, made under section 192 relating to the site-specific application; and(iv)advice, if any, given by the MRA Minister or State Development Minister under section 194B relating to the site-specific application; and(c)may have regard to a submission made under section 184.(2)However, for subsection (1)(b)(ii), in applying schedule 4, definition standard criteria, paragraph (f), a properly made objection to a draft document for a site-specific application is taken to be a submission made by a submitter.(3)Also, despite subsection (1)(b), the matters mentioned in subsection (1)(b)(i) and (ii) need only be considered to the extent they relate to—(a)a properly made objection to a draft document for the site-specific application; or(b)a recommendation of the Land Court mentioned in subsection (1)(b)(iii); or(c)advice given by the MRA Minister or State Development Minister mentioned in subsection (1)(b)(iv).(4)In deciding whether to approve the proposed PRCP schedule for the plan for the site-specific application, the administering authority must, in addition to the criteria considered under subsection (1)(b) and (3), also have regard to—(a)the guidelines under section 550; and(b)any relevant advice, report or guidance published by the rehabilitation commissioner under section 444K.(5)Also, the administering authority must not approve the proposed PRCP schedule unless—(a)each proposed non-use management area under the schedule has been properly identified as a non-use management area; and(b)the administering authority is satisfied the schedule provides for all land the subject of the schedule to be—(i)rehabilitated to a stable condition; or(ii)managed as a non-use management area in a way that achieves best practice management of the area and minimises risks to the environment.(6)To remove any doubt, it is declared that the administering authority is required to consider a criterion under subsection (1)(b) for the purpose of exercising or not exercising a power under section 186 only to the extent the administering authority considers necessary.(1)This section applies if the administering authority decides under section 186(1)(c) to make a referral to the Land Court to conduct a hearing on—(a)each of the following generally—(i)the draft environmental authority for the site-specific application;(ii)the draft PRCP schedule for the site-specific application; or(b)a specific matter stated by the administering authority.(2)The administering authority must make the referral by filing with the registrar of the Land Court—(a)a notice, in the approved form, making the referral; and(b)a copy of the draft documents mentioned in subsection (1)(a)(i) and (ii); and(c)either—(i)for a hearing mentioned in subsection (1)(a)—a copy of each properly made objection to a draft document mentioned in subsection (1)(a)(i) or (ii); or(ii)for a hearing mentioned in subsection (1)(b)—a copy of each properly made objection to a draft document mentioned in subsection (1)(a)(i) or (ii) to the extent the administering authority considers the objection relevant to the specific matter.(3)The administering authority must give notice of the referral to the MRA chief executive immediately after making the referral.189Land Court must fix date for hearing
(1)This section applies if the administering authority makes a referral to the Land Court under section 188(2).(2)The Land Court must fix a date for the hearing and immediately give written notice of the date to each of the following—(a)the administering authority;(b)the MRA chief executive;(c)the applicant;(d)either—(i)for a hearing mentioned in section 188(1)(a)—each person whose properly made objection was filed under section 188(2)(c)(i); or(ii)for a hearing mentioned in section 188(1)(b)—each person whose properly made objection was filed under section 188(2)(c)(ii).(3)The date must be at least 20 business days after the day the Land Court fixes the date.(1)In conducting a hearing referred to the Land Court under section 188(2), the Land Court must—(a)for a hearing mentioned in section 188(1)(a)—determine the relative merits of the draft environmental authority and draft PRCP schedule mentioned in section 188(1)(a) and any properly made objections filed under section 188(2)(c)(i); or(b)for a hearing mentioned in section 188(1)(b)—determine the relative merits of the specific matter and any properly made objections filed under section 188(2)(c)(ii).(2)Nothing in subsection (1) prevents the adjournment from time to time of a hearing.(1)This section applies to the extent an objection lodged under section 183 is—(a)outside the jurisdiction of the Land Court; or(b)frivolous or vexatious; or(c)an abuse of process.(2)Despite sections 186, 188, 190 and 192, the Land Court may, at any stage of the hearing, strike out all or part of the objection.192 Recommendation by Land Court
(1)The Land Court must, after conducting a hearing referred to the Land Court under section 188(2), give the administering authority the Land Court’s recommendation about the referral.(2)If the hearing was a hearing mentioned in section 188(1)(a), the recommendation to the administering authority must be—(a)either—(i)the application for the environmental authority be approved on the basis of the draft environmental authority, and the PRCP schedule be approved on the basis of the draft PRCP schedule; or(ii)the application for the environmental authority and the PRCP schedule be approved but with conditions or amendments that are different from the draft environmental authority and the draft PRCP schedule; or(b)the application for the environmental authority be refused.(3)If the hearing was a hearing mentioned in section 188(1)(b), the recommendation to the administering authority must relate to the specific matter.(4)In making a recommendation to the administering authority, the Land Court must take into account and consider only—(a)for a hearing mentioned in section 188(1)(a)—(i)the draft environmental authority and the draft PRCP schedule; and(ii)the matters mentioned in section 187 to the extent the matters are relevant to the draft documents; and(iii)each properly made objection filed under section 188(2)(c)(i) to the extent the objection is relevant to the matters mentioned in subparagraph (i) or (ii); or(b)for a hearing mentioned in section 188(1)(b)—(i)the matters mentioned in section 187 to the extent the matters are relevant to the specific matter; and(ii)each properly made objection filed under section 188(2)(c)(ii) to the extent the objection is relevant to the matters mentioned in subparagraph (i).(5)The Land Court must give reasons for its recommendation.The administering authority is required under section 187(1)(b)(iii) to consider the Land Court’s recommendation when deciding to approve or refuse the site-specific application for a mining activity relating to a mining lease under section 186.193 No recommendation required if no objections remaining
(1)This section applies if, before the Land Court makes a recommendation under section 192, all objections filed for the hearing under section 188(2)(c) are—(a)withdrawn under section 183(5); or(b)struck out under section 191.(2)The Land Court—(a)must—(i)for a hearing mentioned in section 188(1)(a)—remit the draft documents for the site-specific application to the administering authority for a decision under section 186(1)(a) or (b); or(ii)for a hearing mentioned in section 188(1)(b)—remit the specific matter to the administering authority; and(b)is not required to make a recommendation under section 192.194 Consolidation of proceedings
(1)This section applies if, before the end of a hearing on a site-specific application referred to the Land Court under section 188(2), a referral is made under the Mineral Resources Act, section 271C(2) for a hearing by the Land Court on either of the following relating to the mining lease application relating to the site-specific application—(a)the mining lease application generally;(b)a specific matter stated by the Minister.(2)The Land Court may—(a)order that the proceedings be consolidated; or(b)order that the proceedings be heard together or in a particular sequence; or(c)give a direction the Land Court considers appropriate for the conduct of the proceeding or proceedings.194A Notice of Land Court recommendation
The Land Court must, as soon as practicable after a recommendation under section 192 is made, give a copy of the recommendation to—(a)the MRA Minister; and(b)if a relevant mining lease is, or is included in, a coordinated project—the State Development Minister.194B Advice from MRA Minister and State Development Minister about Land Court recommendation
(1)This section applies if the MRA Minister or State Development Minister (each the advisory Minister) is given a copy of the Land Court’s recommendation under section 194A.(2)The advisory Minister must advise the administering authority about any matter the advisory Minister considers may help the administering authority to make a decision under section 186 about the site-specific application.(3)The advice must be given within—(a)10 business days after the copy of the recommendation is received; or(b)if the advisory Minister and the administering authority have, within the 10 business days mentioned in paragraph (a), agreed to a longer period—the longer period.(4)In giving the advice, the advisory Minister may seek advice from any entity.(5)A contravention of this section does not invalidate—(a)a decision made under section 186 about a site-specific application; or(b)an environmental authority issued under division 4 for the site-specific application.
22Replacement of ss 195 and 196
Sections 195 and 196—
omit, insert—195Issuing environmental authority or PRCP schedule
(1)This section applies if the administering authority—(a)is taken under section 169A to have decided to approve a standard application; or(b)has decided under section 171(2)(a) that a variation application be approved subject to conditions that are different from the standard conditions for the activity or authority; or(c)has decided under section 171(2)(b) to issue an environmental authority subject to the standard conditions for the activity or authority, or is taken under section 178 to have decided to issue an environmental authority subject to the standard conditions for the activity or authority; or(d)has decided under section 172(2)(a) to approve a site-specific application (other than a site-specific application for a mining activity relating to a mining lease) subject to conditions; or(e)has decided under section 186(1)(a) to approve a site-specific application for a mining activity relating to a mining lease; or(f)has issued under section 182 a draft environmental authority and draft PRCP schedule but has not received an objection made under section 183 or a submission made under section 184 relating to the draft documents.(2)The administering authority must—(a)for subsection (1)(a), (b), (c) or (d)—issue an environmental authority to the applicant within the period stated in section 196 for the paragraph; or(b)for subsection (1)(e) or (f)—issue an environmental authority and PRCP schedule to the applicant within the period stated in section 196 for the paragraph.(3)For a decision mentioned in subsection (1)(a), (b) or (c) for a mining activity relating to a mining lease, the administering authority must give notice to the MRA chief executive of having issued the environmental authority within 5 business days after issuing the environmental authority.(4)The notice given to the MRA chief executive under subsection (3) must include a copy of the environmental authority.196Requirements for issuing environmental authority or PRCP schedule
For section 195(2), the period within which an environmental authority or PRCP schedule must be issued is—(a)for section 195(1)(f)—within 5 business days after the last objection day mentioned in section 183(4) relating to the site-specific application for a mining activity relating to a mining lease; or(b)for an application for a development approval that, under section 115, is taken to be an application for an environmental authority—(i)if the administering authority is the assessment manager for the development application—when the decision notice is given under the Planning Act for the development application; or(ii)if the administering authority is a referral agency for the development application—when the administering authority gives its referral agency’s response under the Planning Act to the applicant for the development application; or(iii)if the planning chief executive is a referral agency for the development application—within 5 business days after the planning chief executive gives its referral agency’s response under the Planning Act to the applicant for the development application; or(iv)if the planning chief executive is the assessment manager for the development application—within 5 business days after the planning chief executive gives the applicant a decision notice under the Planning Act for the development application; or(c)otherwise—within 5 business days after the decision mentioned in section 195(1)(a), (b), (c), (d) or (e) is made or taken to have been made.
23Amendment of s 198 (Information notice about particular decisions)
(1)Section 198(1)—
insert—(c)decides to amend a PRCP schedule relating to an environmental authority, if the amendment is not the same, or to the same effect, as an amendment agreed to by the applicant.(2)Section 198(4), after ‘an application’—
insert—other than an application for a mining activity relating to a mining lease
(3)Section 198(5)—
omit, insert—(5)This section does not apply for a decision about a site-specific application for a mining activity relating to a mining lease if the Land Court has made a recommendation under section 192 relating to the draft documents for the application.
24Amendment of s 223 (Definitions for part)
(1)Section 223, definition minor amendment (threshold), paragraphs (e) and (h), ‘relevant resource tenure’—
omit, insert—relevant tenure
(2)Section 223, definition minor amendment (threshold), paragraph (e)(i), after ‘lease’—
insert—(unless the new mining lease relates to only 1 or more mining activities that are an eligible ERA)
25Amendment of s 226A (Requirements for amendment applications for environmental authorities)
(1)Section 226A, heading, after ‘authorities’—
insert——general
(2)Section 226A(1)(e), ‘relevant resource tenure’—
omit, insert—relevant tenure
After section 226A—
insert—226AB Requirements for amendment applications for environmental authorities—standard conditions only
(1)This section applies if—(a)an amendment application is for the amendment of an environmental authority that relates to a new relevant tenure; and(b)the amendment application—(i)states that the applicant seeks an amended environmental authority that is subject only to the standard conditions for the relevant activity or environmental authority, to the extent the standard conditions relate to the new relevant tenure; and(ii)states that each relevant activity will, if the amendment is made, comply with the eligibility criteria for the activity; and(iii)includes a declaration that the statement mentioned in subparagraph (ii) is correct.(2)Section 226A does not apply in relation to the amendment application.See section 227B(b) and division 5A.
27Replacement of s 227B (Amendment applications to which div 3 does not apply)
Section 227B—
omit, insert—227B Amendment applications to which div 3 does not apply
This division does not apply to—(a)an amendment application for a condition conversion; or(b)an amendment application mentioned in section 226AB.
28Replacement of s 230 (Administering authority must require public notification for particular amendment applications)
Section 230—
omit, insert—230 Public notification—environmental authority for resource ERA
(1)This section applies if—(a)an amendment application is for an environmental authority for a resource ERA (other than an amendment application for an environmental authority for a mining activity relating to a mining lease) (the amendment application); and(b)the assessment level decision is that the amendment is a major amendment; and(c)at least 1 of the environmentally relevant activities the subject of the amendment application is an ineligible ERA.(2)The notice under section 229 must state that part 4 applies to the amendment application.230A Public notification—addition of mining lease
(1)This section applies if—(a)an amendment application is for an environmental authority for a mining activity relating to a mining lease (the amendment application); and(b)the assessment level decision is that the amendment is a major amendment; and(c)the major amendment consists of the addition of a mining lease; and(d)at least 1 of the mining activities the subject of the amendment application is an ineligible ERA.(2)The notice under section 229 must state that part 5, division 3 applies to the amendment application.(3)For subsection (2), part 5, division 3 applies as if a reference to a site-specific application for a mining activity relating to a mining lease were a reference to the amendment application.230B Public notification—major amendment other than addition of mining lease
(1)This section applies if—(a)an amendment application is for an environmental authority for a mining activity relating to a mining lease (the amendment application); and(b)the assessment level decision is that the amendment is a major amendment; and(c)the major amendment does not consist of the addition of a mining lease; and(d)at least 1 of the mining activities the subject of the amendment application is an ineligible ERA.(2)The notice under section 229 must state that part 5, division 3, other than section 182(3), applies to the amendment application.(3)For subsection (2), part 5, division 3 applies as if a reference to a site-specific application for a mining activity relating to a mining lease were a reference to the amendment application.(4)In addition to issuing the draft documents for the application under section 182, the administering authority must give the applicant a written notice (the major amendment notice) stating each of the following—(a)the mining leases to which the amendment application relates;(b)the documents or other information the applicant is required to give to each affected person;(c)the number of the draft environmental authority or draft PRCP schedule, if any, issued under section 182;(d)that an eligible entity may object to the draft environmental authority or draft PRCP schedule mentioned in paragraph (c) under section 183;(e)that a person may lodge a submission about the draft environmental authority or draft PRCP schedule mentioned in paragraph (c) under section 184;(f)where the following documents may be inspected or accessed—(i)the documents and other information mentioned in paragraphs (b);(ii)the draft environmental authority and draft PRCP schedule mentioned in paragraph (c);(iii)a document that shows—(A)the boundary of the mining lease area of each mining lease to which the amendment application relates; and(B)the boundary of the 125km eligibility zone for each mining lease to which the amendment application relates;(g)the last day (the last objection day) for lodging—(i)an objection mentioned in paragraph (d); or(ii)a submission mentioned in paragraph (e).(5)The last objection day must be at least 20 business days after the major amendment notice is given to the applicant.(6)The applicant must give the following documents and information to each affected person—(a)a copy of the major amendment notice;(b)the documents and other information mentioned in subsection (4)(b).(7)The applicant must publish the major amendment notice in an approved newspaper circulating generally in the area of the subject land.(8)The publication must take place at least 15 business days before the last objection day.(9)The administering authority for the amendment application may decide an additional or substituted way, or a longer or shorter period, for the giving of the documents and other information mentioned in subsection (6) or the publication of the major amendment notice mentioned in subsection (7).(10)If the administering authority makes a decision under subsection (9)—(a)the administering authority must give the applicant written notice of the decision no later than the giving of the major amendment notice to the applicant; and(b)the applicant must comply with the decision instead of subsections (6) to (8).(11)Terms used in the definitions mentioned in subsection (12) have the same meaning in the definitions as they have in the Mineral Resources Act, section 252A(7) and schedule 2.(12)In this section—125km eligibility zone, for a mining lease, means the area of land outside the boundary of the lease that is within 125km of any point along the boundary of the lease.affected person means—(a)an owner of the subject land; or(b)an owner of land necessary for access to the subject land; or(c)an owner of adjoining land; or(d)the relevant local government; or(e)an entity that provides infrastructure wholly or partially on the subject land.approved newspaper means a newspaper approved by the administering authority for the amendment application.subject land means land the subject of each mining lease to which the amendment application relates.
29Amendment of s 232 (Relevant application process applies)
(1)Section 232(1), ‘Parts 3 to 5’—
omit, insert—Parts 3 to 5, other than part 5, division 4,
(2)Section 232(2), ‘part 4’—
omit, insert—part 5, division 3
(3)Section 232(2A)—
omit, insert—(2A)Sections 139(2)(b) and 143A do not apply to the amendment application if the amendment application is for an environmental authority for a mining activity relating to a mining lease.(2B)Part 4 does not apply to the amendment application unless the notice given under section 229 states that part 4 applies to the amendment application as mentioned in section 230(2).(2C)Part 5, division 3 does not apply to the amendment application unless the notice given under section 229 states that part 5, division 3 applies to the amendment application as mentioned in section 230A(2) or 230B(2).(4)Section 232(4), after ‘section 160,’—
insert—an objection made under section 183, or a submission made under section 184,
(5)Section 232(2A) to (4)—
renumber as section 232(3) to (8).
30Insertion of new ch 5, pt 7, div 5A
Chapter 5, part 7—
insert—241A Approval of amendment application relating to standard conditions only
(1)This section applies to an application mentioned in section 226AB if the application is a properly made amendment application.(2)Within 5 business days after the application is made, the administering authority is taken to have decided to approve the application subject to the standard conditions for the relevant activities for the application.
31Replacement of s 242 (Steps after deciding amendment application)
Section 242—
omit, insert—242Steps after deciding amendment application
(1)This section applies if the administering authority—(a)decides to approve an amendment application under section 172, 186 or 240; orSee section 232 for the application of sections 172 and 186 to an amendment application.(b)is taken to have decided to approve the amendment application under section 241A; or(c)issues under section 182 a draft environmental authority and draft PRCP schedule but has not received an objection made under section 183 or a submission made under section 184 relating to the draft documents.(2)The administering authority must—(a)amend the environmental authority or PRCP schedule to give effect to the amendment; and(b)issue the amended environmental authority or PRCP schedule to the applicant; and(c)include a copy of the amended environmental authority or PRCP schedule in the relevant register.(3)The action mentioned in subsection (2) must be taken within 5 business day after—(a)for subsection (1)(a)—the decision is made; or(b)for subsection (1)(b)—the decision is taken to have been made; or(c)for subsection (1)(c)—the last objection day mentioned in section 183(4) relating to the amendment application.(4)Subsection (5) applies if the administering authority decides to—(a)refuse the application; or(b)make an amendment, other than an amendment agreed to by the applicant.(5)The administering authority must, within 5 business days after the application is refused, or the amendment is made, give the applicant an information notice about the decision.(6)If the amendment application mentioned in subsection (1)(a) or (b) relates to adding a new mining lease and section 230A does not apply, the administering authority must give the MRA chief executive—(a)a notice stating the amended environmental authority has been issued; and(b)a copy of the amended environmental authority.
32Amendment of s 540 (Registers to be kept by administering authority)
Section 540(1)(a)—
insert—(xiii) draft environmental authorities issued under section 182(2)(a);(xiv) draft PRCP schedules issued under section 182(2)(b).
33Amendment of s 555 (Electronic system for automatically issuing particular environmental authority)
Section 555(1), after ‘section 169A’—
insert—, or an amendment application mentioned in section 241A,
34Insertion of new ch 13, pt 37
Chapter 13—
insert—In this part—amendment Act means the Mineral Resources and Other Legislation Amendment Act 2026.former, in relation to a provision of this Act, means the provision as in force from time to time before the commencement.new, in relation to a provision of this Act, means the provision as in force from the commencement.Division 2 Standard applications and variation applications for a mining activity relating to a mining lease
864Standard application or variation application made before commencement
(1)This section applies if—(a)before the commencement, a standard application or a variation application for a mining activity relating to a mining lease was made under section 125 (each the application); and(b)immediately before the commencement, the Land Court had not made an objections decision for the application under former section 190.(2)The administering authority must decide the application under new section 169A and section 171.(3)A submission taken to be an objection to the application under former section 182(2) in relation to the application is of no effect for new chapter 5, part 4.(4)A request by the applicant under former section 183(1)(a) that the administering authority refer the application to the Land Court is of no effect.(5)If the application has been referred to the Land Court under former section 185—(a)the referral is no effect; and(b)the Land Court must remit the application to the administering authority to decide the application under new section 169A and section 171.(6)Subsection (7) applies if, before the commencement, the Land Court—(a)fixed a date for an objections decision hearing relating to the application; and(b)gave written notice of the date for the objections decision hearing to the parties to the proceeding under former section 186.(7)The Land Court must give a written notice to the parties to the proceeding under former section 186 stating the following—(a)the referral under former section 185 is of no effect;(b)the date mentioned in subsection (6)(a) is vacated;(c)the administering authority is required to decide the application under new section 169A and section 171.(8)The notice mentioned in subsection (7) must be given within 7 business days after the commencement.In this division—site-specific application, for a mining activity relating to a mining lease, includes an amendment application to which former chapter 5, parts 3 to 5 applies under former section 232(1).866Application made and not referred to Land Court before commencement
(1)This section applies if—(a)before the commencement, a site-specific application for a mining activity relating to a mining lease application was made under section 125 or 224 (the application); and(b)immediately before the commencement, the administering authority had not referred the application under former section 185 to the Land Court for an objections decision.(2)Former chapter 5, part 4 and former sections 181, 182 and 183 continue to apply in relation to the application as if the amendment Act had not been enacted.(3)However, if, before or after the commencement, an entity lodges with the administering authority an objection notice under former section 182, the objection is taken to be an objection to the draft documents for the application made under new section 183.(4)The administering authority must decide the application under new chapter 5, part 5, division 3, subdivision 3.(5)The Land Court must hear and determine any referral to the Land Court under new section 186(1)(c), relating to the application, under new chapter 5, part 5, division 3, subdivision 4.867Referral to Land Court made before commencement if objections decision hearing not started
(1)This section applies if—(a)before the commencement, the administering authority made, under former section 185(3), a referral to the Land Court for an objections decision hearing for an objections decision relating to a site-specific application for a mining activity relating to a mining lease (the application); and(b)immediately before the commencement, the Land Court had not—(i)started the objections decision hearing mentioned in subsection (1)(a); or(ii)made any other order or direction in relation to the objections decision hearing mentioned in subsection (1)(a), other than fixing a date for the hearing.(2)The referral under former section 185(3) is taken never to have been made and the referral under former section 185 is of no effect.(3)The administering authority must decide the application under new chapter 5, part 5, division 3, subdivision 3.(4)The Land Court must hear and determine any referral to the Land Court under new section 186(1)(c), relating to the application, under new chapter 5, part 5, division 3, subdivision 4.(5)A submission taken to be an objection under former section 182 in relation to the application is taken to be an objection to the draft documents for the application made under new section 183.(6)Subsection (7) applies if, before the commencement, the Land Court—(a)fixed a date for the objections decision hearing mentioned in subsection (1)(a); and(b)gave written notice of the date for the objections decision hearing to the parties to the proceeding under former section 186.(7)The Land Court must give a written notice to the parties to the proceeding under former section 186 stating the following—(a)the referral under former section 185 is of no effect;(b)the date mentioned in subsection (6)(a) is vacated;(c)the administering authority is required to make a decision under new chapter 5, part 5, division 3, subdivision 3 in relation to the draft documents for the application.(8)The notice mentioned in subsection (7) must be given within 7 business days after the commencement.868Referral to Land Court made before commencement if objections decision hearing started
(1)This section applies if—(a)before the commencement—(i)the administering authority made, under former section 185(3), a referral to the Land Court for an objections decision hearing for an objections decision relating to a site-specific application for a mining activity relating to a mining lease (the application); and(ii)the Land Court had fixed a date for the objections decision hearing mentioned in subparagraph (i); and(b)immediately before the commencement, the Land Court—(i)had—(A)started the objections decision hearing mentioned in subsection (1)(a)(i); or(B)made any other order or direction in relation to the objections decision hearing mentioned in subsection (1)(a)(i), other than fixing a date for the hearing; and(ii)had not made an objections decision under former chapter 5, part 5, division 3, subdivision 3 in relation to the application.(2)The Land Court must continue to hear, and determine, the referral under former chapter 5, part 5, division 3, subdivision 3 as if the amendment Act had not been enacted.(3)The administering authority must decide the application under former chapter 5, part 5, division 3, subdivision 4 as if the amendment Act had not been enacted.(4)An environmental authority issued under subsection (3) is taken to be an environmental authority issued under new chapter 5, part 5, division 3.(5)A PRCP schedule issued under subsection (3) is taken to be a PRCP schedule issued under new chapter 5, part 5, division 3.869Objections decision made before commencement
(1)This section applies if—(a)before the commencement, the Land Court made an objections decision under former chapter 5, part 5, division 3, subdivision 3 in relation to a site-specific application for a mining activity relating to a mining lease (the application); and(b)immediately before the commencement, the administering authority had not made a decision under former chapter 5, part 5, division 3, subdivision 4 taking into account the Land Court’s objection decision as required under former section 194B(1)(a)(i).(2)The administering authority must decide the application under former chapter 5, part 5, division 3, subdivision 4 as if the amendment Act had not been enacted.(3)An environmental authority issued under subsection (2) is taken to be an environmental authority issued under new chapter 5, part 5, division 3.(4)A PRCP schedule issued under subsection (2) is taken to be a PRCP schedule issued under new chapter 5, part 5, division 3.
35Amendment of sch 2 (Original decisions)
(1)Schedule 2, part 1, division 3, entry for section 155(a), from ‘, other’—
omit.(2)Schedule 2, part 1, division 3, entry for section 159(2) and (3), ‘or proposed PRC plan’—
omit.(3)Schedule 2, part 1, division 3, entries for sections 171(2), 172(2)(a), second occurring and 172(2)(b), from ‘, other’ to ‘lease,’—
omit.(4)Schedule 2, part 1, division 3, entry for section 234, ‘or PRCP schedule’—
omit.(5)Schedule 2, part 1, division 3—
insert—
172(3)
imposition of a condition on, or the making of an amendment of, a PRCP schedule relating to an environmental authority, if the condition or amendment is not the same, or to the same effect, as a condition or amendment agreed to by the applicant
186(1)(a)
imposition of a condition on an environmental authority for a mining activity relating to a mining lease, or imposition of a condition on, or the making of an amendment of, a PRCP schedule relating to the environmental authority, if the condition or amendment is not the same, or to the same effect, as a condition or amendment agreed to by the applicant (but only if the Land Court has not made a recommendation under section 192 relating to the draft documents for the application)
186(1)(b)
decision to refuse a site-specific application for a mining activity relating to a mining lease (but only if the Land Court has not made a recommendation under section 192 relating to the draft documents for the application)
36Amendment of sch 4 (Dictionary)
(1)Schedule 4, definitions draft environmental authority, objection notice, objections decision, objections decision hearing and objector—
omit.(2)Schedule 4—
insert—draft documents, for a site-specific application for a mining activity relating to a mining lease, means—(a)the draft environmental authority; and(b)the draft PRCP schedule.draft environmental authority, for a site-specific application for a mining activity relating to a mining lease, means the draft environmental authority issued under section 182(2)(a) in relation to the application.draft PRCP schedule, for a site-specific application for a mining activity relating to a mining lease, means the draft PRCP schedule issued under section 182(2)(b) in relation to the application.eligible entity, for a site-specific application for a mining activity relating to a mining lease, see section 180.last objection day—(a)stated in a mining lease notice for an application for a mining lease, see section 180; or(b)stated in a major amendment notice under section 230B(4), see section 230B(4)(g).mining lease notice, for an application for a mining lease, for chapter 5, part 5, division 3, see section 180.MRA chief executive means the chief executive of the department in which the Mineral Resources Act is administered.properly made objection, to a draft document for a site-specific application for a mining activity relating to a mining lease, means an objection to the draft document lodged under section 183 that has not been withdrawn.(3)Schedule 4, definition regulatory requirement, paragraph (c)—
omit, insert—(c)the Land Court to make a recommendation under section 192.(4)Schedule 4, definition replacement environmental authority, paragraph (b), ‘section 242(1)(b)’—
omit, insert—section 242(2)(b)
Part 3 Amendment of Mineral Resources Act 1989
This part amends the Mineral Resources Act 1989.See also the amendments in schedule 1.
38Replacement of s 252 (Issue of mining lease notice)
Section 252—
omit, insert—252Issue of mining lease notice
(1)This section applies if the chief executive is satisfied the applicant for the grant of a mining lease—(a)is eligible to apply for the mining lease; and(b)has complied with the requirements of this Act for the application; and(c)is not disqualified under the Common Provisions Act, chapter 7 from being granted the mining lease; and(d)either—(i)if the applicant has made a site-specific application relating to the mining lease application—has been issued under the Environmental Protection Act, section 182(2) both of the following documents—(A)a draft environmental authority;(B)a draft PRCP schedule; or(ii)if the applicant has made a standard application or a variation application relating to the mining lease application—has been issued an environmental authority under the Environmental Protection Act, section 195; or(iii)if the applicant has made an amendment application—has been issued an amended environmental authority under the Environmental Protection Act, section 242.(2)The chief executive must give the applicant a written notice for the application (the mining lease notice).(3)The mining lease notice must state each of the following—(a)the number of the proposed mining lease;(b)the date and time the mining lease application was lodged;(c) the documents or other information, other than the documents mentioned in section 252A(1)(a) or (b), the applicant is required to give to each affected person under section 252A;(d)that an eligible entity may lodge an objection to the mining lease application under section 260;(e)if subsection (1)(d)(i) applies—(i)the number of the draft environmental authority and draft PRCP schedule; and(ii)that an eligible entity may object to the draft environmental authority and draft PRCP schedule under the Environmental Protection Act, section 183; and(iii)that a person may lodge a submission about the draft environmental authority and draft PRCP schedule under the Environmental Protection Act, section 184;(f)if subsection (1)(d)(ii) applies—the number of the environmental authority;(g)if subsection (1)(d)(iii) applies—the number of the amended environmental authority;(h)where the following documents may be inspected or accessed—(i)the documents and other information the applicant is required to give to an affected person under section 252A(1);(ii)a document that shows—(A)the boundary of the proposed lease area; and(B)the boundary of the 125km eligibility zone for the proposed mining lease;(iii)any additional information the applicant is required under section 386J to give the chief executive relating to the application;(iv)if subsection (1)(d)(i) applies—the draft environmental authority and draft PRCP schedule;(i)the last day (the last objection day) for lodging—(i)an objection mentioned in paragraph (d) or (e)(ii); or(ii)a submission mentioned in paragraph (e)(iii).(4)The last objection day must be at least 20 business days after the mining lease notice is given to the applicant.(5)In this section—amendment application see the Environmental Protection Act, section 224.standard application see the Environmental Protection Act, section 122.variation application see the Environmental Protection Act, section 123.
39Amendment of s 252A (Giving and publication of mining lease notice and other information)
(1)Section 252A(1)(c), from ‘stated’—
omit, insert—required under section 252(3)(c) to be given to each affected person.
(2)Section 252A(3)—
omit, insert—(3)The applicant for a proposed mining lease must publish a copy of the mining lease notice in an approved newspaper circulating generally in the area of the subject land.
40Amendment of s 252C (Continuing obligation to notify)
Section 252C(1)—
omit, insert—(1)This section applies if the applicant for a mining lease gives the chief executive an additional document about the application in the period—(a)starting on the day the mining lease notice is given to the applicant under section 252(2); and(b)ending on the last objection day for the application.
41Amendment of s 260 (Objection to application for grant of mining lease)
(1)Section 260(1), before ‘entity’—
insert—eligible
(2)Section 260(3), ‘shall’—
omit, insert—must
(3)Section 260(4)—
omit, insert—(4)The grounds of objection must relate to 1 or more matters the Minister is able to consider under section 271(1).(5)The eligible entity must give a copy of the objection to the applicant on or before the last objection day for the application.(6)In this section—eligible entity means—(a)an affected person under section 252A(7); or(b)an occupier of land wholly or partly within the area of the proposed mining lease; or(c)an owner or occupier of land wholly or partly within the 125km eligibility zone for the proposed mining lease.
42Omission of ss 265 and 267A–269
Sections 265 and 267A to 269—
omit.
43Replacement of s 271 (Criteria for deciding mining lease application)
Section 271—
omit, insert—271Criteria for deciding mining lease application
(1)In considering an application for the grant of a mining lease, the Minister must consider whether—(a)the provisions of this Act have been complied with; and(b)the area of land applied for is mineralised or the other purposes for which the lease is sought are appropriate; and(c)if the land applied for is mineralised, there will be an acceptable level of development and utilisation of the mineral resources within the area applied for; and(d)the land and the surface area of the land in respect of which the mining lease is sought are of an appropriate size and shape in relation to—(i)the matters mentioned in paragraphs (b) and (c); and(ii)the type and location of the activities proposed to be carried out under the lease and their likely impact on the surface of the land; and(e)the term sought is appropriate; and(f)the applicant has the necessary financial and technical capabilities to carry on mining operations under the proposed mining lease; and(g)the past performance of the applicant has been satisfactory; and(h)any disadvantage may result to the rights of—(i)holders of existing exploration permits or mineral development licences; or(ii)existing applicants for exploration permits or mineral development licences; and(i)the operations to be carried on under the authority of the proposed mining lease will conform with sound land use management; and(j)the public right and interest will be prejudiced; and(k)taking into consideration the current and prospective uses of that land, the proposed mining operation is an appropriate land use.(2)Also, the Minister must consider—(a)any properly made objection to the application to the extent the objection is relevant to the matters the Minister is able to consider under subsection (1); and(b)any recommendation of the Land Court made under section 274A relating to the application; and(c)whether there is any other good reason for rejecting the application.(3)Despite subsection (1) and section 386M, the Minister must not consider a criterion mentioned in subsection (1) or section 386M to the extent the criterion relates to environmental harm.(4)To remove any doubt, it is declared that the Minister is required to consider a criterion under this section for the purpose of exercising or not exercising a power under section 271A only to the extent the Minister considers necessary.(5)In this section—environmental harm see the Environmental Protection Act, section 14.
44Amendment of s 271A (Deciding mining lease application)
(1)Section 271A(1)(c)—
omit, insert—(c)make a referral to the Land Court to conduct a hearing on—(i)the application generally; or(ii)a specific matter stated by the Minister.(2)Section 271A—
insert—(1A)However, the chief executive may make a referral to the Land Court under subsection (1)(c) only if the chief executive has received a properly made objection to the application.(3)Section 271A(2), ‘However’—
omit, insert—Also
(4)Section 271A(3), ‘Also’—
omit, insert—In addition
45Amendment of s 271AB (Application for later specific purpose mining lease or transportation mining lease)
Section 271AB, heading—
omit, insert—271AB Deciding application for specific purpose mining lease or transportation mining lease if consent not obtained
After section 271B—
insert—(1)This section applies if the Minister decides under section 271A(1)(c) to make a referral to the Land Court to conduct a hearing on—(a)a mining lease application generally; or(b)a specific matter stated by the Minister.(2)The chief executive must make the referral by filing with the registrar of the Land Court—(a)a notice, in the approved form, making the referral; and(b)a copy of the mining lease application; and(c)a copy of any additional information given by the applicant under section 386J(1)(b); and(d)either—(i)for a hearing mentioned in subsection (1)(a)—a copy of each properly made objection to the mining lease application; or(ii)for a hearing mentioned in subsection (1)(b)—a copy of each properly made objection to the mining lease application to the extent the Minister considers the objection relevant to the specific matter.(3)If there is a site-specific application relating to the mining application, the chief executive must give notice of the referral to the EPA administering authority for the site-specific application within 5 business days after making the referral.
47Replacement of s 272 (Minister may remit to Land Court for additional evidence)
Section 272—
omit, insert—272Land Court must fix date for hearing
(1)This section applies if the chief executive makes a referral to the Land Court under section 271C(2).(2)The Land Court must fix a date for the hearing and immediately give written notice of the date to each of the following—(a)the chief executive;(b)if the applicant has made a site-specific application for a mining activity relating to a mining lease—the EPA administering authority for the mining lease application;(c)the applicant;(d)either—(i)for a hearing mentioned in section 271C(1)(a)—each person whose properly made objection was filed under section 271C(2)(d)(i); or(ii)for a hearing mentioned in section 271C(1)(b)—each person whose properly made objection was filed under section 271C(2)(d)(ii).(3)The date must be at least 20 business days after the day the Land Court fixes the date.
48Relocation and renumbering of s 273 (Restriction on grant of mining lease that does not include surface of land)
Section 273—
renumber and relocate as section 271AC.
49Insertion of new ss 273 to 274C
After section 272—insert—
(1)In conducting a hearing referred to the Land Court under section 271C(2), the Land Court must—(a)for a hearing mentioned in section 271C(1)(a)—determine the relative merits of the mining lease application and any properly made objections filed under section 271C(2)(d)(i); or(b)for a hearing mentioned in section 271C(1)(b)—determine the relative merits of the specific matter and any properly made objections filed under section 271C(2)(d)(ii).(2)Nothing in subsection (1) prevents—(a)the adjournment from time to time of a hearing; or(b)the question of compensation being determined by the Land Court under section 279.(3)The Minister may, at any time, ask the Land Court to tell the Minister why a hearing under this section has not been finalised.(1)This section applies to the extent an objection lodged under section 260 is—(a)outside the jurisdiction of the Land Court; or(b)frivolous or vexatious; or(c)an abuse of process.(2)Despite sections 271A, 271C, 273 and 274A, the Land Court may, at any stage of the hearing, strike out all or part of the objection.274A Recommendation by Land Court
(1)The Land Court must, after conducting a hearing referred to the Land Court under section 271C(2), give the Minister the Land Court’s recommendation about the referral.(2)If the hearing was a hearing mentioned in section 271C(1)(a), the recommendation to the Minister—(a)must be to grant or reject the mining lease application in whole or in part; and(b)may state any conditions to which the mining lease is recommended to be subject.(3)Also, if the hearing was a hearing mentioned in section 271C(1)(a) that related to land that is the surface of a reserve and the owner of the reserve has not consented to the grant of a mining lease over the surface area, the recommendation to the Minister—(a)must be to recommend to the Governor in Council to consent or not to consent to the grant over the surface area; and(b)may state any conditions to which the mining lease is recommended to be subject.(4)However, if the hearing was a hearing mentioned in section 271C(1)(a) that related to an application for a coal mining lease for which, under section 318BA, a preference decision is required, the recommendation under subsection (2) can not be to grant the application so as to give preference to a petroleum development.(5)If the hearing was a hearing mentioned in section 271C(1)(b), the recommendation to the Minister must relate to the specific matter.(6)In making the recommendation to the Minister, the Land Court must take into account and consider only—(a)for a hearing mentioned in section 271C(1)(a)—(i)the matters the Minister is able to consider under section 271(1); and(ii)each properly made objection filed under section 271C(2)(d)(i) to the extent the objection is relevant to the matters mentioned in subparagraph (i); or(b)for a hearing mentioned in section 271C(1)(b)—(i)the matters the Minister is able to consider under section 271(1) to the extent the matters are relevant to the specific matter; and(ii)each properly made objection filed under section 271C(2)(d)(ii) to the extent the objection is relevant to the matters mentioned in subparagraph (i).(7)The Land Court must give reasons for its recommendation.The Minister is required under section 271(2)(b) to consider the Land Court’s recommendation when deciding to grant the mining lease or reject the application under section 271A.274B No recommendation required if no objections remaining
(1)This section applies if, before the Land Court makes a recommendation under section 274A, all objections filed for the hearing under section 271C(2)(d) are—(a)withdrawn under section 261; or(b)struck out under section 274.(2)The Land Court—(a)must—(i)for a hearing mentioned in section 271C(1)(a)—remit the application to the Minister for a decision under section 271A(1)(a) or (b); or(ii)for a hearing mentioned in section 271C(1)(b)—remit the specific matter to the Minister; and(b)is not required to make a recommendation under section 274A.274C Consolidation of proceedings
(1)This section applies if, before the end of a hearing on a mining lease application referred to the Land Court under section 271C(2), a referral is made under the Environmental Protection Act, section 188(2) for a hearing by the Land Court on either of the following relating to a site-specific application relating to the mining lease application—(a)a draft environmental authority and draft PRCP schedule;(b)a specific matter stated by the EPA administering authority.(2)The Land Court may—(a)order that the proceedings be consolidated; or(b)order that the proceedings be heard together or in a particular sequence; or(c)give a direction the Land Court considers appropriate for the conduct of the proceeding or proceedings.
50Amendment of s 275 (Application for inclusion of surface of area of mining lease)
Section 275, heading ‘Application’—
omit, insert—Subsequent application
51Amendment of s 275A (Application for surface of restricted land to be included in mining lease)
Section 275A, heading ‘Application’—
omit, insert—Subsequent application
52Amendment of s 279A (Minister may refuse to grant mining lease if compensation not determined)
(1)Section 279A(1)(d)(ii), ‘section 265’—
omit, insert—section 271C(2)
(2)Section 279A(1)(d)—
insert—(iia)if an objection was lodged in relation to the application for the grant of the mining lease but no referral to the Land Court was made under section 271C(2)—the last objection day for the application; or(3)Section 279A(1)(d)(iii) and (iv)—
omit, insert—(iii)if, under section 274A, the Land Court made a recommendation about the grant of the mining lease—the day the Land Court made the recommendation; or(iv)if, under section 274B(2)(a), the Land Court remitted a matter relating to the mining lease to the Minister—the day the Land Court remitted the matter; or(4)Section 279A(1)(d)(iia) to (v)—
renumber as section 279A(1)(d)(iii) to (vi).
53Amendment of s 318AAE (Limits on consideration and disclosure of Aurukun agreement in Land Court hearing)
(1)Section 318AAE(1)(a)—
omit, insert—(a)if the Land Court is conducting a hearing referred to the Land Court under section 271C(2); and(2)Section 318AAE(1)(b), ‘section 268(2)’—
omit, insert—section 273(1)
54Amendment of s 318CB (Restriction on issuing mining lease notice and additional requirements for grant)
(1)Section 318CB(1), ‘Section 252A’—
omit, insert—Section 252
(2)Section 318CB(2A), ‘section 252A’—
omit, insert—section 252
(3)Section 318CB(5)—
renumber as section 318CB(6).(4)Section 318CB(2A)—
renumber as section 318CB(5).
55Omission of ch 12, pt 4C (Provisions about Byerwen mine)
Chapter 12, part 4C—
omit.
56Insertion of new ch 15, pt 24
Chapter 15—
insert—In this part—amendment Act means the Mineral Resources and Other Legislation Amendment Act 2026.former, in relation to a provision of this Act, means the provision as in force from time to time before the commencement of the transitional provision in which the term is used.new, in relation to a provision of this Act, means the provision as in force from the commencement of the transitional provision in which the term is used.transitional provision means a provision of this part.903Continuation in effect, and variation, of ML700066
(1)From the commencement, ML700066 continues in effect as if it had been granted by the Minister under section 271A on 1 September 2023.(2)However, despite section 284(3), the initial term of ML700066 commenced on 1 September 2023.(3)On the commencement, ML700066 is varied to remove the conditions included in the lease by former section 334ZJN(4), including a condition varied before the commencement as mentioned in former section 334ZJN(7).(4)ML700066 as it continues in effect under this section—(a)expires on 31 March 2030; and(b)despite former section 334ZJN(3)(b) and (c), may be renewed or consolidated with another mining lease.(5)To remove any doubt, it is declared that this section applies despite any noncompliance with a provision of this Act in relation to the application for the mining lease mentioned in former section 334ZJN(1).(6)In this section—ML700066 means the mining lease granted under former section 334ZJN(2).904Variation of other Byerwen mining leases
(1)This section applies to each of the following—(a)mining leases 70434, 70435, 70436 and 700058;(b)any mining lease granted or renewed before the commencement in relation to an application mentioned in former section 334ZJP(1)(a) or (b).(2)On the commencement, the mining lease is varied to remove the conditions included in the lease by former section 334ZJO(2) or as required under former section 334ZJP(3).905How Act applies to variations under this division
This Act applies in relation to a variation of a mining lease under this division as if the variation had been made by the Minister under section 294(1) on the day of the commencement.906No compensation payable by the State
(1)No compensation is payable by the State to any person in connection with the enactment or operation of former chapter 12, part 4C or this division, or anything done to give effect to those provisions, other than as required under sections 279 and 280.(2)This section applies despite any other Act or law.907Mining lease notice not issued before commencement
(1)This section applies if—(a)before the commencement, a mining lease application was made under section 232 (the application); and(b)immediately before the commencement, the chief executive had not given the applicant a mining lease notice under former section 252 for the application.(2)The chief executive must give the applicant a mining lease notice under new section 252 for the application.(3)New chapter 6, part 1 applies in relation to the application.908Mining lease notice issued before commencement
(1)This section applies if—(a)before the commencement—(i)a mining lease application was made under section 232 (the application); and(ii)the chief executive gave the applicant a mining lease notice under former section 252 for the application; and(b)immediately before the commencement—(i)the chief executive had not referred the application to the Land Court under former section 265(2) or (5); or(ii)the Minister had not decided the application under former section 271A.(2)Former sections 252A, 252B, 252C, 253 and 260 continue to apply in relation to the application as if the amendment Act had not been enacted.(3)However, if, before or after the commencement, an entity lodges with the chief executive an objection to the application under former section 260, the objection is taken to be an objection to the application made under new section 260.(4)The Minister must decide the application under new sections 271 and 271A.(5)The Land Court must hear and determine any referral to the Land Court under new section 271A(1)(c), relating to the application, under new chapter 6, part 1.909Referral to Land Court made before commencement if hearing not started
(1)This section applies if—(a)before the commencement—(i)the chief executive made, under former section 265(2) or (5), a referral to the Land Court for hearing the matters mentioned in former section 265(2)(a) to (d) or (5) (the hearing); or(ii)the Minister decided, under former section 271A(1)(c), to refer the application to the Land Court to conduct a hearing or further hearing on the application generally or on specific matters raised by the Minister (also the hearing); and(b)immediately before the commencement, the Land Court had not—(i)started the hearing; or(ii)made any other order or direction in relation to the hearing, other than fixing a date for the hearing under former section 265(7) or 272(2).(2)The referral under former section 265(2) or (5) is taken never to have been made.(3)The decision under former section 271A(1)(c) is taken never to have been made.(4)The Minister must decide the application under new sections 271 and 271A.(5)The Land Court must hear and determine any referral to the Land Court under new section 271A(1)(c), relating to the application, under new chapter 6, part 1.(6)An objection made under former section 260 in relation to the application is taken to be an objection to the application made under new section 260.(7)Subsection (8) applies if, before the commencement, the Land Court had—(a)fixed a date for the hearing; and(b)given written notice of the date for the hearing to the persons mentioned in former section 265(7) or 272(2).(8)The Land Court must give a written notice to the persons mentioned in former section 265(7) or 272(2) stating the following—(a)the referral under former section 265(2) or (5) or 271A(1)(c) is of no effect;(b)the date mentioned in subsection (7)(a) is vacated;(c)the Minister is required to make a decision under new section 271A in relation to the application.(9)The notice mentioned in subsection (8) must be given within 7 business days after the commencement.910Referral to Land Court made before commencement if hearing started
(1)This section applies if—(a)before the commencement—(i)the chief executive made, under former section 265(2) or (5), a referral to the Land Court for hearing the matters mentioned in former section 265(2)(a) to (d) or (5) (the hearing); and(ii)the Land Court had, under former section 265(7), fixed a date for the hearing; and(b)immediately before the commencement, the Land Court—(i)had—(A)started the hearing; or(B)made any other order or direction in relation to the hearing, other than fixing a date for the hearing under former section 265(7); and(ii)had not made a recommendation on the hearing under former section 269.(2)The Land Court must continue to hear, and determine, the referral under former chapter 6, part 1 as if the amendment Act had not been enacted.(3)The Minister must decide the application under former chapter 6, part 1 as if the amendment Act had not been enacted.(4)A decision made under subsection (3) is taken to be a decision made under new chapter 6, part 1.911Recommendation of Land Court made before commencement
(1)This section applies if—(a)before the commencement, the Land Court made a recommendation under former section 269 in relation to a mining lease application (the application); and(b)immediately before the commencement, the Minister had not made a decision under former section 271A(1) on the application taking into account the Land Court’s recommendation as required under former section 271(a).(2)The Minister must decide the application under former chapter 6, part 1 as if the amendment Act had not been enacted.(3)A decision made under subsection (2) is taken to be a decision made under new chapter 6, part 1.
57Amendment of sch 2 (Dictionary)
(1)Schedule 2, definitions accommodates, Byerwen mine, Byerwen mine project, Glenden, ML700066, rostered worker and worker—
omit.(2)Schedule 2—
insert—125km eligibility zone, for a proposed mining lease, means the area of land outside the boundary of the lease that is within 125km of any point along the boundary of the lease.properly made objection, to a mining lease application, means an objection to the application lodged under section 260 that has not been withdrawn.site-specific application means a site-specific application for a mining activity relating to a mining lease as mentioned in the Environmental Protection Act, section 181.(3)Schedule 2, definition last objection day, paragraph (b), ‘section 252(3)(e)’—
omit, insert—section 252(3)(i)
Schedule 1 amends the Acts it mentions.
1Section 126D(2)(b)(i), ‘relevant resource tenure’—
omit, insert—relevant tenure
2Section 171(2)(a), ‘different to’—
omit, insert—different from
3Section 173(4), ‘sections 170, 171 and 172’—
omit, insert—sections 171 and 172
4Section 213(1)(d), ‘different to’—
omit, insert—different from
5Section 234(1), ‘sections 153(1)(g) and 154’—
omit, insert—section 153(1)(g)
1Section 52A, definition recommendatory provision, paragraph (c), ‘subdivision 3’—
omit, insert—subdivision 4
2Section 52A, definition recommendatory provision, paragraph (d)(ii), ‘sections 265, 268 and 269’—
omit, insert—sections 271C, 273 and 274A
3Section 52C(3)(f), ‘section 78 or 268’—
omit, insert—section 78 or 273
4Section 52C(6), definition relevant objection, paragraph (b), ‘section 182’—
omit, insert—section 183
5Schedule 2, definition administrative function, example 2, ‘section 269’—
omit, insert—section 274A
1Section 261(1)(b), ‘section 265’—
omit, insert—sections 271C(2)
2Section 299(7), from ‘Sections 232’ to ‘275’—
omit, insert—Sections 232, 238, 245, 251 to 253, 260, 266 and 271 to 275
3Section 307(3)(a), ‘section 265’—
omit, insert—section 271C(2)
4Section 318AAA(3), ‘271A(1)(c), 271B, 272, 273’—
omit, insert—271AC, 271B
5Section 318AAF, heading, ‘273’—
omit, insert—271AC
6Section 334ZJ(5)(g), note, ‘sections 269(4) and 271’—
omit, insert—sections 271 and 274A(6)
© State of Queensland 2026
© State of Queensland 2026