Review of Queensland's mining lease objection process to be completed in mid-2025

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On 4 March 2025, the Attorney-General, Deb Frecklington MP, advised the Chair of the Queensland Law Reform Commission, that its mining lease objections review is longer required, and she would withdraw the review, effective immediately.  Ms Frecklington also advised that a report on the review would not be required.

The Attorney-General has reiterated that the focus of the current Government, through its Resources Cabinet Committee, is to consider policies and initiatives to maintain and improve the competitiveness of Queensland's resources sector.

The Chair of the Queensland Law Reform Commission, Fleur Kingham, has commented that the Commission is disappointed it cannot finish its work on the review, but respects this is a matter for the Attorney-General. 

What you need to know

• The Queensland Law Reform Commission has progressed its review into the mining lease objection process, which focusses on processes to decide contested applications for mining leases under the Mineral Resources Act 1989 (Qld) and associated environmental authorities under the Environmental Protection Act 1994 (Qld).
• The Commission accepted submissions on two consultation papers between July and September 2024. On 15 November 2024, the Commission released a submissions paper summarising the feedback from the review, and a consultation paper on whether any changes should apply to resource production tenures under other Acts.
• The Commission's final recommendations are expected to be provided to the Queensland Government by 30 June 2025.  

What you need to

• Stakeholders should review the final recommendations when they are made and consider the implications for their business or organisation.

Queensland land access and project approvals 2024 year in review

Queensland Law Reform Commission's review of mining lease objections processes

On 15 July 2024, the Queensland Law Reform Commission released two consultation papers for the mining lease objections review, along with two fact sheets and four summary documents.

The review's guiding principles are informed by the Commission's Terms of Reference and are consistent with current commitments by the Queensland Government, including:

• strong and genuine partnerships with Aboriginal peoples and Torres Strait Islander peoples, self-determination and "free prior and informed consent" (FPIC) in treaty negotiations and treaty-making; and
• strengthening ESG credentials.

We discussed the Commission's Terms of Reference in our Queensland Land Access and Resource Approvals Year in Review 2023 article "Timeline released for review of mining lease objections process"

What key changes have been proposed? 

The fundamental change proposed is to alter the Land Court's role in the objections process so that the Court will review the decisions made by Government about mining lease and environmental authority applications. 

Currently, the Land Court is involved in the process after an objection is made but before a decision is made on the mining lease or environmental authority application.

The Commission's aim is to make the process more efficient, reduce delay and align the Land Court's function with the traditional role of courts as reviewers of Government decisions.  In this proposed review process, the Land Court would be able to consider both the merits and legality of Government decisions in a combined review, with the Land Court only able to consider the same evidence as that before the original decision-makers, except in exceptional circumstances.  There would then be a single appeal pathway directly to the Queensland Court of Appeal. 

The consultation papers also made the following key proposals: 

• creating an integrated, non-adversarial participation process, including a new centralised online portal, which would include public notice and information as the proposal progresses through the participation and decision-making processes; 
• establishing an Aboriginal and Torres Strait Islander Advisory Committee to consult with community and advise decision-makers when a proposed project may impact the rights and interests of First Nations Peoples.  The Commission has asked for views on the proposed Advisory Committee, as well as on other models of community participation; 
• establishing a new Independent Expert Advisory Panel for environmental authority applications that meet specified criteria.  The Committee has proposed that this be similar to the current New South Wales Independent Expert Advisory Panel; and
• requiring decision-makers to consider input provided through the new participation process, any advice of the Independent Expert Advisory Committee, and the rights and interests of Aboriginal peoples and Torres Strait Islander peoples in land, culture and cultural heritage.

The consultation papers also pose questions about who should have standing to object to mining lease applications; the orders the Land Court should be able to make; who should pay the costs of the review; how the pre-lodgement process should operate; and how the objections process interacts with other relevant Acts. 

As part of this final point, the review will be tracking developments in the review of the Queensland's cultural heritage legislation.  For more information about the review, see our Native Title Year in Review 2023-2024 article "Heritage reforms stall as States wait for lead from reform shy Commonwealth" and Native Title Year in Review 2023-2024 article "Queensland commences review of its cultural heritage legislation".

Feedback on the review

The Commission accepted submissions and held meetings and forums for stakeholders to express their views between August and September 2024.

On 15 November 2024, the Commission released:

• a Consultation Paper – Conscious consistency: mining and other resource production tenures (this deals with whether the existing proposals to participation, decision-making and review processes should apply to other resource production tenures such as petroleum leases); and
• Background paper 4: Your thoughts on a reimaged process (summarising the feedback received to date). 

In the background paper, the Commission summarised the feedback received to date which included that: 

• legal professionals and environmental organisations support a process including non-adversarial participation, transparent, accountable and evidence-based decision-making and a streamlined review mechanism.  Support was also expressed for the recognition and protection of the rights and interests of Aboriginal peoples and Torres Strait Islander peoples in decision-making processes;
• Aboriginal peoples and Torres Strait Islander peoples expressed a lack of trust in the current system, and reservations about the potential for legislative reforms to protect their rights and interests.  There is general support for proposals that will support transparent, evidence-based decision-making informed by the right people for Country;
• landholder organisations generally support the proposals but emphasised that certain laws and process already recognise and protect the rights of Aboriginal peoples and Torres Strait Islander peoples, notably the Native Title Act 1993 (Cth), the Aboriginal Cultural Heritage Act 2003 (Qld) and the Torres Strait Islander Cultural Heritage Act 2003 (Qld).  They emphasised that any reforms should appropriately protect landholder rights; and
• industry bodies showed support for the proposal to improve notification and information sharing through a centralised online portal.  There was a strong desire to limit public participation in court processes due to concerns of inefficiencies and uncertainty. 

What's next? 

The Government sought submissions on the latest consultation paper by 31 January 2025.

The timeline released by the Commission indicates its final report with recommendations will be given to the Government by 30 June 2025.

Authors: Libby McKillop, Counsel and Brigid Horneman-Wren, Lawyer. 

Want to know more? 

• Timeline released for review of mining lease objections process (18 December 2023)
• Queensland land access and resource approvals year in review 2023 (18 December 2023)
• Heritage reforms stall as States wait for lead from reform shy Commonwealth (3 June 2024)
• Queensland commences review of its cultural heritage legislation (11 July 2022)