Stated purpose:
The purpose of this bill is to improve administrative efficiency and ensure regulatory frameworks within the Natural Resources, Mines and Energy Portfolio remain effective and responsive. Additionally, the bill proposes enhancements to the water compliance frameworks; and implements measures to improve performance of the resources tenure management system. Specifically the bill makes a number of amendments to the Aboriginal Land Act 1991; Torres Strait Islander Land Act 1991; Aboriginal and Torres Strait Islander Land Holding Act 2013; Foreign Ownership of Land Register Act 1988; Land Act 1994; Land Title Act 1994; Mineral Resources Act 1989; the Petroleum and Gas (Production and Safety) Act 2004; Right to Information Act 2009; and the Electricity Act 1994.
Native title implications:
The Bill proposes amendments to the Aboriginal Land Act 1991 and the Torres Strait Islander Land Act 1991 which would replace the subordinate legislation process with a ministerial declaration process. This would allow the Minister administering the Acts to make a declaration about land available for grant as inalienable freehold; the reservation of forest products and quarry materials to the state on those lands; and the management of certain lands that have been granted. The Bill also proposes that a public register of these ministerial declarations be kept.
The Aboriginal and Torres Strait Islander Land Holding Act 2013 (Land Holding Act) provides a framework to resolve outstanding lease entitlements and issues affecting granted leases. The Bill proposes amendments to the Land Holding Act to fix the issue of transmitting leases where the lessee dies intestate and the lessee’s estate is not being administered. Currently, where there is no will appointing an executor, the process is complex and usually involves an application to the Supreme Court. The Bill resolves the issue by providing for these leases to vest in entitled successors, who are beneficiaries determined under the provisions of the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984. The entitled successor to the deceased lessee would then be registered as a lessee by means of a simple process. The amendment is proposed to operate until 2022.
For further information see the Explanatory Note and the Explanatory Speech.