Integration of natural resources management under Queensland mining legislation

Environmental and Planning Law Journal

Volumn 20, Issue 1, 2003, Pages 66-77

  Ellis, Bill ^a  

^a UNIVERSITY OF QUEENSLAND   (Australia)

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EID: 84858439394     PISSN: 0813300X     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Article

References (38)

1. Perception and Reality; The Australian Mining Industry and Environmental Performance in the 21st Century (The 26th Annual Essington Lewis Memorial Lecture to the Australasian Institute of Mining and Metallurgy delivered by the Federal Minister for Environment and Heritage, Senator the Hon Robert Hill, Adelaide, 18 October 2000).
2. For review see Gagarimabu v BHP & Ok Tedi [2001] VSC 304 (27 August 2001).
3. For example, at Queenstown, Tasmania and Mt Leigh, South Australia.
4. Murphyores Incorporated Pty Ltd v Commonwealth (1976) 136 CLR 1.
5. Commonwealth v Tasmania (1983) 158 CLR 1.
6. Facing the Future: The Report of the Mining Minerals and Sustainable Development Australia Project (May 2002) p 55.
7. Aboriginal Cultural Heritage Guidelines (Minfo, NSW Mining and Exploration Quarterly No 59, 1998).
8. Report by the Criminal Justice Commission on its Public Hearings Conducted by the Honourable RH Mathews QC into the Improper Disposal of Liquid Waste in South-East Queensland (Vol 1: Report Regarding Evidence Received on Mining Issues, July 1994) pp 6-21.
9. The first "principle objective" of the Mineral Resources Act 1989 (Qld) (MR Act) is to "encourage and facilitate prospecting and exploring for and mining of minerals": MR Act s 2(a).
10. Report by the Criminal Justice Commission on its Public Hearings Conducted by the Honourable RH Mathews QC into the Improper Disposal of Liquid Waste in South-East Queensland (Vol 1: Report Regarding Evidence Received on Mining Issues, July 1994) p 25.
11. Legislative notes (2000) 19 AMPLJ 180.
12. Full details at www.epa.qld.gov.au/environment/legislation/environmental/minefact.html.
13. Liability of executive officer: s 183 EP Act-there are minor changes such as the extension of liability provisions to cover mining operations in this case.
14. In the case of a mining claim, this could be in the form of a brief statement, but in the case of a mining lease, a detailed EMOS was required.
15. Environmental Protection Regulation 1998 (Qld).
16. Kingham F, "Environmental Management of Mining-Overkill or Have We Missed the Mark Entirely?" (1996) 2 QEPR 95 at 99.
17. This perception was developed in the public sphere through damaging exposure in the mainstream press. For example, Morley P, "Mines Leave $20M Hole" Sunday Mail (18 April 1999) p 40.
18. EP Act, s 151.
19. EP Act, s 20.
20. EP Act, s 161.
21. EP Act, s 151 (2)(c)(i).
22. EP Act, s 151.
23. For example, that the effect be "significant", as is the EIS requirement under Pt 4 of the SDPWO Act (Qld) or under the EPBC Act (Cth).
24. Under either the SDPWO Act (Qld) and/or the EPBC Act (Cth).
25. After considering the criteria in s 29C of the SDPWO Act.
26. EP Act, ss 3 and 5.
27. EP Act, ss 193 and 210.
28. EM Plan for an exploration permit or MDL, or an EMOS for a mining lease.
29. Bowie I, "Why the New Environmental Legislative Principles Don't Work for the Mining and Extractive Industries" (2001) NELR 4 at 30-40.
30. EP Act, s 592(2).
31. Bowie I, "Why the New Environmental Legislative Principles Don't Work for the Mining and Extractive Industries" (2001) NELR 30-40.
32. EP Act, s 608.
33. Hutton D, "Mining and the Environment in Queensland: Where the Law Begins and Enforcement Fails-Regulatory Capture and Implementation Failure" (1999) 6(2) AJNRL&P at 149-173.
34. According to the EPA website: www.epa.qld.gov.au.
35. Second reading speech, EPOLA Bill, Hansard, 4 Oct 2000, p 3387.
36. Bowie I, "Why the New Environmental Legislative Principles Don't Work for the Mining and Extractive Industries" (2001) NELR 30-40.
37. Bowie I, "Why the New Environmental Legislative Principles Don't Work for the Mining and Extractive Industries" (2001) NELR 30-40.
38. For example, in EIS.