In the last edition of Envisage magazine, we
discussed the Sustainable Ports Development Bill 2015; a
significant new piece of legislation set to have a major impact on
the efficient and sustainable operation of ports in the Great
Barrier Reef World Heritage Area (GBRWHA) and the exportation of
On 12 November 2015, the Bill was passed with amendments by the
Queensland Parliament. The amendments, introduced by the Hon Dr
Anthony Lynham (Minister for State Development and Minister for
Natural Resources and Mines), follows the Government's adoption
of recommendations made by the Infrastructure, Planning and Natural
Resources Committee Report tabled on 1 September 2015.
Despite a significant number of submissions petitioning the
Government, the Port of Cairns will not be declared a priority
port. Instead, the Act will enable future expansion of the port
through a limited exemption to the prohibition against capital
dredging subject to volumetric limits. The exemption will be
reviewed in four years time.
Increased public notification and consultation requirements
where the Minister decides to review or amend master plans and
overlays, including the requirement to notify both the relevant
port authority and local government of any decision in relation to
these matters. The Minister must maintain a Register on the
Department of State Development's website of proposed draft or
amended instruments and the outcomes of public consultation.
Introduction of examples of how dredge material may be
'beneficially reused', including for land reclamation,
beach nourishment and for environmental restoration purposes (such
as creating or restoring wetlands or nesting islands).
Clarifying the development intent for islands in the Port of
Gladstone (Curtis, South Trees, Boyne and others) with the
provision that development is possible provided the development is
adjacent to the port's strategic port land, a State Development
Area or a land zoned special industry under the relevant planning
Deletion of provisions relating to compensation on the basis
that landowners can rely on existing compensation processes under
the Sustainable Planning Act 2009. As explained in our full
analysis the underlying premise for removal of the compensation
provisions is wrong.
Master planning has commenced for the Port of Gladstone and the
Government has announced that master planning will commence for the
Ports of Abbot Point and Townsville in 2016, and for the Ports of
Hay Point/Mackay in 2017. It is estimated that the master planning
process will take 12 to 18 months.
It is a common misconception that the grant of mining tenure, whether it be an Exploration Permit, Mineral Development Licence or Mining Lease, will entitle the holder to access all land within it in order to explore or mine.
The article suggests ways for buyers and sellers with Take-or-Pay contracts, to protect themselves in a dynamic market,.
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