The Queensland Law Reform Commission (QLRC) is reviewing the current process for mining lease (ML) and environmental authority (EA) objections in the Land Court.
Central to the QLRC’s proposal is to introduce an ‘integrated, non-adversarial participation process’ instead of the current objections process through the Land Court.
Currently, the Land Court hears objections to an ML and/or an EA and then makes recommendations to the Minister (in the case of the ML) or the chief executive of the Department of Environment, Science and Innovation (in the case of the EA). This decision is judicially reviewable but it’s not binding on the Minister or the chief executive.
There are two major changes proposed by the QLRC. The first would be to change the process for gathering public input before the grant of an ML and EA.
Instead of the objections process in the Land Court, the QLRC proposes a public participation and input process. The QLRC is calling for submissions as to the form this might take, ranging from ‘open house’ information sessions, community advisory committees or reference groups, community leader councils, written submissions and public meetings and hearings.
An Independent Expert Advisory Panel would form for each project to give the chief executive advice about the environmental authority. In addition, if a proposed project would impact on the rights of Aboriginal peoples and Torres Strait Islander peoples, an Aboriginal and Torres Strait Islander Advisory Committee would be established.
In making their decision, the Minister and chief executive would be required to consider the advice of the independent panels and the information gathered through the public participation process. They would also be required to consider the rights and interests of Aboriginal and Torres Strait Islander peoples. This would be separate from native title rights and interests and the protection of cultural heritage under the Aboriginal Cultural Heritage Act 2003 (Qld) and the Torres Strait Islander Cultural Heritage Act 2003 (Qld).
The second major change recommended by the QLRC would see the Land Court take a different role, after the decision by the Minister and chief executive. Their decisions would be reviewable (both merits review and judicial review) by the Land Court, allowing it to act in a judicial function rather than its current administrative function of providing recommendations only. The QLRC is seeking submissions on this proposal, as well as on who would have standing to bring an application for merits review and the allocation of costs in litigation before the Land Court.
The QLRC has published two consultation papers which describe these proposals in more detail. Both papers cover the same proposals, but one is targeted at Aboriginal and Torres Strait Islander persons. The consultation papers are available here: Review Publications | QLRC
The QLRC is seeking submissions from the public, particularly from Aboriginal and Torres Strait Islander persons, by 30 September 2024.