Amendments to the Strategic Cropping Land Bill 2011
passed by the Queensland Parliament earlier this month may affect
how resources companies operate under the legislation once it
Following a public consultation process, the Strategic
Cropping Land Bill 2011 was passed with amendments on 1
December 2011. The new legislation is expected to come into effect
before the end of the year, or in early 2012.
Here, partner Martin Klapper and senior associate Gavin
Batcheler outline amendments to the Bill that may directly affect
resources companies in Queensland.
The Strategic Cropping Land Bill 2011 was passed by
the Queensland Parliament on 1 December 2011.
The legislation contains several amendments from the proposed
draft legislation presented to Parliament on 25 October 2011, and
these amendments may directly affect resources companies.
The amendments clarify the rules related to applications to
identify strategic cropping land, operating under the Standard
Conditions Code, and the transitional arrangements for certain
expansion projects for existing mining leases.
All resources companies operating in Queensland should be aware
of these amendments.
Amendments to the Strategic Cropping Land Bill
While the amendments made to the Bill are not extensive and
mainly serve to clarify the drafting, there are several amendments
that may directly affect Queensland's resources companies.
The definition of who is an 'eligible person' for the
purpose of submitting an application to identify strategic cropping
land has been clarified to include any person who has made an
application for a tender for a 'resource authority' (that
is, a relevant permit or tenement application pursuant to the
A new section 112A has been inserted, which states that any
person required to operate under the Standard Conditions Code in
relation to a resource activity must first apply for a compliance
certificate using the procedure set out in the new section. The
applicant must meet the requirements under the proposed amendment
in order to satisfy the Chief Executive that the resource
activities will in fact comply with the Standard Conditions
The transitional provision in section 281 for expansion
projects for existing mining leases has been amended to ensure that
expansion projects under a joint venture or partnership agreement
that were in existence on 23 August 2010 are eligible for the
transitional arrangements under the Act. This is to ensure that
where the mining lease, mineral development licence or exploration
permit were held by different companies in the partnership or joint
venture as at 23 August 2010, they are all included in the
The amendment also recognises subsidiaries of a parent company
which held the mining lease, mineral development licence or
exploration permit on 23 August 2010 where the mining tenure was
transferred after that date. This ensures that the transitional
provisions will accommodate circumstances where the parent company
held the applicable mining tenure and then went through a corporate
restructure, and a subsidiary obtained the mining tenure as a
result of the restructure.
click here to read more from HopgoodGanim about the proposed
draft legislation introduced to Parliament on 25 October 2011, or
click here to access the proposed legislation directly.
For more information on how the Strategic Cropping Land Bill
2011 will affect the resources industry, please contact
HopgoodGanim's Resources and Energy practice.
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