Government restores farmer & community rights on mining

Parliament today restored balance between the rights of farmers, miners, and the community, passing legislation that protects farm infrastructure and restores community objection rights.

Minister for State Development and Natural Resources and Mines Minister Dr Anthony Lynham told Parliament today that the Mineral and Other Legislation Amendment Bill fulfilled two Palaszczuk Government commitments to farmers and to community groups.

“The legislation passed today fulfils the government’s commitments to restore community objection rights to proposed mining projects, and to protect key agricultural infrastructure,” Dr Lynham said.

“As per our commitments, we have re-established the right for anyone to object to a proposed mining project on broad grounds,” he said.

“Landholders will also have the right to say no to resource activities beside their key infrastructure.”

The legislation, passed today, reinstates rights removed by the previous LNP Government, and also prevents provisions they put into place from taking effect.

It follows the Government’s move in July last year to restore community objection rights around large-scale mining projects assessed through the Coordinator-General.

Landholders will retain:

  • a minimum 50 metre protection zone around key agricultural infrastructure such as principal stockyards, bores and artesian wells, dams and artificial water storages connected to a water supply
  • the right to prevent any mining lease being granted over restricted land without the consent of the owner
  • the security of knowing ministers cannot extinguish restricted status for their land – a power a minister would have had under the LNP’s proposed laws.

Community members will retain rights they would have lost under the LNP laws:

  • to have their say on mining lease and environmental authority applications for mining projects
  • to be advised of any proposed mining projects through ads in newspapers.

Dr Lynham said the resource sector would benefit from the Queensland Land Court having a new power to strike out any frivolous or vexatious objections.

The changes take effect on September 27.


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