Older Mining Environmental Laws to be Eliminated

The Queensland Government is moving to repeal the special status granted to some mining companies going back to the Bjelke-Petersen Government which made them exempt from environmental protection legislation.

Minister for Sustainability, Climate Change and Innovation, Andrew McNamara, said a new Bill to be introduced to State Parliament this week will ensure nine mining sites covered for decades by special acts of Parliament comply with the requirements of the Environmental Protection Act.

The Bill will amend the Environmental Protection Act 1994, the Integrated Planning Act 1997, and the Mineral Resources Act 1989 to provide a process to transition special agreement Act mines to environmental regulation under the Environmental Protection Act.

Mr McNamara said the sites represent some of the largest mining operations in the State and include coal mining operations in Central Queensland, bauxite mining on Cape York Peninsula and the mining operations at Mount Isa.

“The special agreement Acts are unique to each site, and cover all issues relating to the carrying out of mining activities including some environmental requirements,” Mr McNamara said.

“The Acts were drafted at a time when the economic conditions were different, and when the Government of the day felt that it needed to give greater certainty to the mining companies, given the scale of capital investment the mines required.

“However, over the last 50 years, the demand for minerals and the scale of mining operations has increased world wide.

“Simultaneously, the community’s understanding of environmental issues has increased.

“This Bill will ensure that these mines operate under the same environmental standards that apply to the other 1200 mines throughout Queensland.”

The nine sites covered under the new Bill are: Mount Isa, Weipa, Peak Downs, Goonyella, Norwich Park (near Dysart), Saraji (near Moranbah), Moura, Greenvale and Ely (near Weipa).

Mr McNamara said the Bill applies contemporary environmental standards without disadvantaging the mining companies.

“Importantly, the Bill does not affect any other aspects of the special agreement Acts, and will not affect the right to mine,” he said.

“When environmental regulation of mining was transferred to the Environmental Protection Act in 2001, the mining leases governed by the special agreement Acts were exempt from these changes.

“Special agreement Act mines continued to be regulated by the Department of Mines and Energy under the existing Mineral Resources Act and the Environmental Protection Agency under the Environmental Protection Act.

“They are regulated through a combination of the environmental provisions in the individual special agreement Acts, the environmental provisions that were in the Mineral Resources Act prior to 2001 and various licences and approvals that were imposed under the Environmental Protection Act as it was prior to 2001.

“This Bill will simplify environmental regulation for the special agreement Act mines, reduce the administrative burden for both the mine operators and the Environmental Protection Agency, and bring these mines in line with all other mining interests in the State.

“Additionally, the changes will allow these mines to access other progressive environmental measures such as progressive rehabilitation, which encourages mines to rehabilitate mined lands sooner to obtain release of financial assurance money.”

Mr McNamara said the legislative changes are not retrospective, and will leave existing environmental requirements under the special agreement Acts in place until the new environmental authority takes effect.

Media contact: Peter McCarthy 3336 8004