The key areas affected by the Common Provisions Act are
the overlapping tenement and land access regimes.
The remaining provisions of the Mineral and Energy Resources
(Common Provisions) Act 2014 will commence on 27 September
2016. We understand the Mineral and Energy (Common
Provisions) Regulation 2016 will be gazetted on 23 September
The Common Provisions Acts makes amendments to key areas of the
current resources legislation:
changes to the land access regime for resource authorities,
including the restricted land regime;
a new overlapping coal and coal seam gas tenure framework
(Overlapping Tenement Regime); and
standardization of provisions relating to dealings, caveats and
Mooted changes to the notification and objection rights for
mining leases and environmental authorities have now largely been
removed by the State Development and Public Works Organisation and
Other Legislation Amendment Act 2015 and Mineral and Other
Legislation Amendment Act 2016 (MOLA).
Some additional amendments that were included in MOLA following
examination by the Committee include:
Public Notification: In addition to the current
public notification obligations for mining lease applicants,
applicants are required to directly notify:
the owners of land adjoining land that is the subject of the
proposed mining lease; and
entities that provide infrastructure wholly or partially on the
land the subject of a proposed mining lease (eg. power and
These notification provisions were originally in the Common
Provisions Act in circumstances where there was no general public
notification obligations. This means that the notification regime
is not just back to where it was, but more onerous in relation to
Restricted land: removing the definition of
"residence" from section 68(3) of the Common Provisions
Act, meaning the ordinary definition of the term
'residence' would then apply for the purposes of restricted
What to look out for
Some of the more pertinent issues to be aware of at this stage
the Overlapping Tenement Regime: production
authority applicants (where that production authority has been
applied for but not granted as at 27 September 2016) that overlap
with existing exploration authority tenements will have
notification obligations to fulfil within 10 business
days, following commencement of the Common Provisions
the land access regime: all resource authority
holders who are a party to current Conduct and Compensation
Agreements (CCAs) (which, for clarity, does not
include mining lease holders) will have six months
following commencement of the Common Provisions Act to notify the
Registrar of Titles of the existence of any CCAs. This requirement,
under section 227 of the Common Provisions Act, applies
retrospectively, meaning all CCAs entered into prior to the
commencement of the Common Provisions Act will be required to be
Going forward, resource authority holders will have 28
days to notify the Registrar of Titles of the existence of
a CCA (or opt-out agreement). A similar notification obligation
also applies when a CCA has ended, or the land the subject of the
CCA is subdivided such that the agreement no longer applies to a
Clayton Utz communications are intended to provide
commentary and general information. They should not be relied upon
as legal advice. Formal legal advice should be sought in particular
transactions or on matters of interest arising from this bulletin.
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The mining industry is one of Australia's most important export sectors and makes a significant economic and social contribution to the Australian economy. Mining and minerals activity currently comprises 8 per cent of the Australian economy and 40 per cent of exports.
Following strong economic growth and an election promise to economise the delivery of key infrastructure in Queensland, the State Development and Other Legislation Amendment Act 2006 ("Amending Act") was enacted in December 2006.
This case provides the first judicial guidance on the land access regime, but doesn't resolve all of the uncertainty.
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