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· Z·4 Mar 2016 Queensland Government Department of Environment and Heritage Protection Ref CTS 06019/1 6 · Z·4 MAR 2016 Mr Peter Russo MP Chair of Finance and Administration Committee Parliament House George Street BRISBANE QLD 4000 Dear Mr Russo Thank you for your letter dated 14 March 2016 concerning the Finance and Administration Committee's inquiry into the North Stradbroke Island Sustainability and Protection and Other Acts Amendment Bill 2015. Thank you for the opportunity to respond to the submissions received on the Bill. I appreciate the extension to our due date that was approved on the 18 March 2016. The Department of Environment and Heritage Protection has synthesised and summarised the issues raised in individual submissions by topic as identified in the Committee's table, and provided a response to each topic. I understand the Department of State Development will be responding to the committee directly on issues raised in relation to the draft Economic Transition Strategy and Workers Assistance Scheme. Should you have any further enquiries, please contact Mr Geoff Robson, Executive Director, Strategic Environment and Waste Policy on telephone 3330 5040. Yours sincerely J m Ree s ~ t:neral 1. Departmental Response to FAC 2. 2011 (draft) Situational Analysis Level 13 400 George Street Brisbane GPO Box 2454 Brisbane Queensland 4001 Australia Telephone+ 61 7 3330 6297 Page 1 of 1 Website www.ehp.gld.gov.au ABN 46 640 29'4 485 DEPARTMENT OF ENVIRONMENT AND HERITAGE PROTECTION RESPONSE TO COMMITTEE SUBMISSIONS Topic/summary Submission number/s Departmental response Timeframes 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 14, 16, 17, The government has committed to 18, 19, 20, 24, 28, 29, 32, 33, 36, 37, 38, 39, substantially end mining activities These submissions refer to the 40, 41, 43, 44, 45, 46, 47, 49, 50, 51, 52, 54, in the North Stradbroke Island proposed 2019 end date to 55, 56, 57, 59, 60, 62, 63, 64, 65, 69, 70, 71, region by 2019. sandmining in the Bill. 73, 74, 76, 80, 81, 83, 84, 86, 87, 88, 89, 90, The government committed to Responses are more or less 91, 92, 93, 95, 97, 98, 99, 100, 102, 101, repealing the 2013 amendments in evenly split between supporting 103, 104, 105, 108, 110, 111, 112, 115, 116, order to return to the original an end to sandmining in 2019 (as 117, 118, 120, 121, 122, 123, 125, 127, 128, intent of the North Stradbroke per the government’s Bill), an 131, 132, 133, 134, 135, 136, 138, 139, 140, Island Protection and Sustainability end to sandmining in 2024 (as 141, 143, 144, 145, 147, 148, 149, 150, 152, Act 2011 (the 2011 Act). per the Private Member’s Bill), 153, 154, 155, 156, 157, 158, 159, 160, 162, and an immediate end to 163, 164, 165, 167,168, 169, 170, 171, 172, The 2011 Act did not allow renewal sandmining in 2016. 173, 174, 175, 176, 178, 180, 181, 182, 183, of leases beyond 2019. 184, 185, 187, 188, 189, 190, 191, 192, 193, Many consider a longer 194, 196, 197, 198, 200, 201, 202, 203, 204, The North Stradbroke Island transition time (later mining end 205, 206, 207, 208, 210, 211, 212, 213, 214, Protection and Sustainability and date) is required/would be 215, 216, 217, 218, 219, 220, 221, 223, 224, Other Acts Amendment Bill 2015 beneficial, and a number of these 225, 228, 229, 230, 231, 232, 233, 234, 235, (the Bill) provides for a restricted suggest mining should continue 237, 238, 239, 242, 243, 245, 248, 249, 251, mine path map which will ensure to 2027 or 2035. 254, 255, 256, 257, 258, 259, 260, 261, 263, environmental and cultural heritage impacts are minimised. Some oppose closure of the mine altogether. The government has committed over $28 million to support the Some submissions note concerns economic transition of North with mining impacts on Stradbroke Island. economic transition and ecological values. Topic/summary Submission Departmental response number/s General - Bill provisions 117, 121 The Bill achieves its policy objective to repeal the 2013 amendments. One submission asserts that In regards to the restricted mine path, the Bill allows for a different the government’s Bill gives mine path to be proposed, if it can be demonstrated that impacts on rise to ‘significant legal, environmental and cultural heritage will not be increased. environmental and policy The four month timeframe is adequate to facilitate a timely decision issues’ (specifically in relation and enhance certainty with respect to the operations at Enterprise to the restricted mine path Mine. It is an extension on the two month timeframe provided for in and new Rehabilitation the 2011 Act. Authority) and believes that these measures are at odds The Bill was introduced in December 2015, giving affected parties with two of the Bill’s primary time to begin investigations and commence discussions in order to policy objectives; to reduce meet the timelines. The four months specified is four months after the environmental impact, and to commencement of the amending Act. provide certainty of access to the sites for rehabilitation The Department of Environment and Heritage Protection (the and environmental department) understands that a significant amount of work has management after the mining already been completed by Sibelco to determine an alternative restricted mine path, including environmental investigations and 1 DEPARTMENT OF ENVIRONMENT AND HERITAGE PROTECTION RESPONSE TO COMMITTEE SUBMISSIONS leases have been terminated. initial cultural heritage considerations. The other submission asserts Compensation requirements that the four months to The drafting of the Bill reflects a principle that the entity that receives propose mine path the rehabilitation authority should be required to pay any necessary alterations is “unusable”, that compensation to a land owner or native title holder. This approach is requirements for an ILUA to consistent with how compensation is payable to native title holders be in place “extraordinary” and land owners when mining leases are renewed or granted (i.e. in and transfer of responsibility these cases the State does not pay the compensation, but the miner for native title holder does). compensation from the government to Sibelco are The Bill inserts provisions providing for compensation to be paid to an “untenable” and “unjust in owner of land in relation to the grant of an authority under section the extreme”. 344A(3). Under proposed section 345, an environmental authority holder who is authorised to enter land under section 344A(3) must pay compensation to each owner of land in compliance with a compensation agreement between the holder and each owner, or as decided by a court. The grounds for payment of compensation are the same as those for the renewal or grant of a mining lease to a landholder. In situations where there is a native title holder (such as on North Stradbroke Island) there is no liability to compensate native title holders under the Mineral Resources Act 1989 as they are not land owners under the Act. Any compensation for native title holders will be payable under the Native Title Act (Cth), not the Mineral Resources Act 1989. Topic/summary Submission Departmental response number/s General – 2, 5, 12, 63, There was extensive consultation leading up to the development of the 2011 Consultation 86, 116, 117, Act. The Bill returns the North Stradbroke Island legislation to the original 121, 145, intent of this Act. These submissions 173, 203, suggest that With regards to the 2015 Bill, the department consulted with a range of 216 consultation on the Bill stakeholders. was not adequate, The department has provided the committee with a record of the with some making consultation undertaken by Minister Miles and departmental officials: specific reference to a http://www.parliament.qld.gov.au/documents/committees/FAC/2015/B12- lack of consultation NthStradbrokeIsl/B12-bp-24Feb2016.pdf with certain groups. The Premier and Deputy Premier had multiple meetings with union members A submission asserts from Sibelco and Stradbroke Ferries. that the Bill cannot be viewed in isolation The government committed to substantially end mining activities in the from the economic North Stradbroke region by 2019. All consultation was undertaken on this transition plan and basis. worker assistance scheme. The department notes that on 17 March 2016, the Legislative Assembly resolved to extend the Committee’s inquiry to include consideration of the Some submissions Department of State Development’s draft Economic Transition Strategy and question why the ILUA 2 DEPARTMENT OF ENVIRONMENT AND HERITAGE PROTECTION RESPONSE TO COMMITTEE SUBMISSIONS for North Stradbroke worker transition plans. Island is confidential The ILUA and request that the ILUA be made public. The ILUA document is a commercial in confidence document agreed between the State and representatives from the recognised native title body and the Quandamooka People. The department notes that ILUAs must be registered on the National Native Title Tribunal’s website and there is some publically available information on this website including an extract from the ILUA, the “Agreed Acts” under the ILUA and maps. Topic/summary Submission Departmental response number/s General – explanatory 173 The department acknowledges that the Bill is likely to have impacts on the notes economy on North Stradbroke Island. In this regard, the explanatory notes specifically reference the government commitment to provide $20 million to This submission refers transition the economy of North Stradbroke Island away from mining. to economic implications of the Bill The draft Economic Transition Strategy contains information on the current that are reflected in economic and employment profile of North Stradbroke Island. the explanatory notes. This submission alleges that a section of the explanatory notes is misleading in its stated effect.
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