Environmental Protection (Underground Water Management) and other Legislation Amendment Bill 2016 (EP Bill)

The EP Bill was introduced to Queensland Parliament 13 September 2016 by the Honourable Dr Steven Miles, Minister for Environment and Heritage Protection and Minister for National Parks and the Great Barrier Reef.

The EP Bill proposes amendments to the Environmental Protection Act (Qld) 1994 (EP Act) and Water Act (Qld) 2000 (Water Act) to strengthen the effectiveness of the environmental assessment and ongoing management of underground water extraction by resource projects.

Of particular importance to Landowners, the EP Bill sets out a scheme whereby underground water use by a mining licence holder, must be included in an application for an environmental authority under the EP Act, rather than an application for a water licence under the Water Act.

The new scheme will involve:

  • significant additional assessment of environmental impacts;
  • public notification requirements;
  • being subject to submissions and third party objections; and
  • review and appeal rights.

Queensland Parliament Agriculture and Environment Committee (Committee)

The Queensland Legislative Assembly has established eleven (11) parliamentary committees to assist the Queensland Parliament operate more effectively, investigate issues and report back to Parliament.

The Committee was established by the Queensland Legislative Assembly in March 2015 to (amongst other things):

  • Examine Bills to be enacted in relation to:
    • Agriculture, fisheries, sport and racing;
    • Environment and heritage protection; and
    • National parks and the Great Barrier Reef.
  • Consider the lawfulness of legislation.

Committee Report: Environmental Protection Amendment Bill

The EP Bill was referred to the Committee for review and reporting to the Queensland Parliament.

Committee Findings

The Committee has:

  • reviewed and delivered its findings in the attached report in relation to the EP Bill; and
  • recommended that the EP Bill be passed and the Minister examine:
    • the impact on relevant mining licence holders’ short term prospects;
    • the resulting impacts on affected communities; and
    • present findings in the Bill’s second reading speech.

Proposed Way Forward

In light of the Committee’s findings, Emanate considers the Bill will be passed in its present form.

It is anticipated the EP Bill will commence 6 December 2016.

Should any landholders wish to discuss, Emanate is available to assist at your convenience.

More Articles

New Vegetation Management Laws

On 3 May 2018, the Queensland government delivered on one of its major election promises by passing the Vegetation Management and Other legislation Amendment Act 2018 (Qld) (“the Amendment Act”). The Amendment Act restricts the rights of farmers to...

Read More

Getting landholders back onto the land

AS RURAL land values improve and cattle and feed prices follow the lead, Queensland’s rural property scene is now the new hot topic.  Everyone seems to have an opinion, and wants in on it. From powerlines and highways, to solar farms and railwa...

Read More

Beef Week 2018

Emanate Legal out in force attending Beef Australia 2018 ...

Read More

Research and development investment underpins continued growth of Queensland’s agricultural sector

The Palaszczuk Government continues investments into research and development to underpin the record growth in Queensland’s $19.95 billion agriculture sector Acting Minister for Agriculture and Fisheries, Leeanne Enoch said the government invested over $...

Read More

Queensland’s agricultural sector closes in on $20 billion mark

Queensland’s agriculture, fisheries and forestry production has now almost reached the record level of $20 billion for the 16/17 financial year. Acting Minister for Agriculture and Fisheries and Minister for Regional Economic Development Leeanne Enoch sa...

Read More

Underground coal gasification now prohibited in Queensland

A ban on underground coal gasification (UCG) in Queensland is now the letter of the law, following the successful passage of legislation in Parliament today. Natural Resources and Mines Minister Dr Anthony Lynham said while creating jobs for regional Queenslan...

Read More

Bill brings certainty to landholders, resources industry

New legislation introduced into Parliament today will provide landholders and resource companies with greater certainty when negotiating conduct and compensation agreements and make good agreements. Natural Resources and Mines Minister Dr Anthony Lynham s...

Read More

Land dealings lead the way

A Townsville lawyer believes Adani has set the standard for how mining companies should deal with landholders when negotiating to acquire land needed for large-scale projects.Emanate Legal’s Barry Taylor has been dealing with Adani since 2010 and has act...

Read More