Queensland’s resources and environment laws provide the community with a number of opportunities to have their say on proposed mining and petroleum (oil and gas) projects. These opportunities are an important part of a project’s approvals processes.
Before a resource company can begin to mine or produce resources from land, it must first have a production resource authority, such as a mining lease or petroleum lease.
It is a requirement for a resource company applying for a mining lease or petroleum lease to have been issued an environmental authority (EA) before the resource authority can be granted.
In some cases, particularly where the project may have significant impacts on the environment, the resource company must also complete an environmental impact statement (EIS) prior to the draft EA stage.
This guide outlines the processes required for mining and petroleum projects and highlights the points at which community participation may occur.
There are other community participation points not explored by this guide that may apply to mining or petroleum projects.
Members of the community may be able to make a submission on and appeal the decision to grant a water licence for a project.
Further, individuals and community groups may be able to participate in processes related to:
Proposed large mining and petroleum projects are required to prepare an environmental impact statement (EIS) before an application for an environmental authority or resource authority can be issued.
If a project requires an EIS, you will be able to have your say on the EIS and the project’s potential environmental, economic and social impacts.
An EIS is a tool the government uses to assess:
An EIS is also used to consider alternative ways to carry out the project in order to limit its impact.
For mining and petroleum projects, there are two Acts under which an EIS may be completed:
A resource company will complete an EIS under the Environmental Protection Act 1994 if it has volunteered to do so, or the chief executive of the Department of Environment, Science and Innovation has required one be completed.
A resource company may apply to prepare a voluntary EIS. The chief executive will approve this application if they consider an EIS is appropriate for the project.
The chief executive may decide an EIS is required for a project if the project requires a site-specific environmental authority and the project has not already undergone an EIS process under the State Development and Public Works Organisation Act 1971.
When considering whether or not to require a project proponent to undertake an EIS, the chief executive must consider the ‘standard criteria’. The standard criteria includes considerations such as:
Terms of reference are used to define the purpose and structure of the EIS. Before an EIS is developed, the resource company will develop draft terms of reference for the EIS.
Once the resource company has submitted the draft terms of reference, the chief executive of the Department of Environment, Science and Innovation places a notice containing details about the draft terms of reference on the department’s website. The resource company must also provide a copy of this notice to affected and interested persons.
When the draft terms of reference are notified, any person may comment on them. The comment period is open for at least 30 business days.
The resource company must respond to comments, and make any necessary adjustments to the terms of reference required as a result.
The chief executive of the Department of Environment, Science and Innovation considers the comments received, and finalises the terms of reference.
Affected persons includes the landholders whose land will be used for the project and other landholders potentially affected by the project.
Interested persons are any person the resource company thinks will be interested in being notified of the draft terms of reference, such as an unincorporated community or environmental body connected to the local area.
When the terms of reference are finalised, the resource company prepare the EIS. If the chief executive of the Department of Environment, Science and Innovation considers the EIS addresses the terms of reference, then the resource company must publicly notify the EIS by placing a notice in the newspaper and on a website, and directly notifying any affected and interested people.
Any person may make a submission on the EIS. The period for submissions must be at least 30 business days.
If you decide to make a submission on the EIS, it must be ‘properly made’. This means the submission must:
The chief executive must consider the submissions made on the EIS when preparing a final report on the EIS. This final report assesses the resource company’s EIS, and can include conditions which must be attached to any environmental authority (EA) granted for the project.
Individuals who make a submission on the EIS are able to later object to the approval of an EA for a mining project in the Land Court, or appeal to the Land Court about a decision to approve an EA for a petroleum project.
In some circumstances, making a submission on the EIS may be the only opportunity for the public to make a submission about a proposed project on environmental grounds. This is because there is no ability to make a submission on the environmental authority if:
For further information on this process please visit EIS processes under the Environmental Protection Act 1994.
A resource company would be required to complete an EIS under the State Development and Public Works Organisation Act 1971 if the Coordinator-General declares the project to be a ‘coordinated project’ for which an EIS is required.
The Coordinator-General may decide a project should be declared a coordinated project if it has one or more of the following characteristics:
A coordinated project may use the impact assessment report (IAR) process if the Coordinator-General is satisfied that the environmental effects of the project do not, having regard to their scale and extent, require assessment through the EIS process. Read more about the IAR process.
If a project has the potential to have a significant impact on a 'matter of national environmental significance' (MNES), the project proponent must refer it to the Commonwealth Minister for the Environment under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). If the Minister determines that a project may have an impact on MNES, it is deemed to be a 'controlled action'.
If an environmental impact assessment of a controlled action is required, including through an EIS process, the assessment may be conducted under the Queensland environmental assessment bilateral agreement with the Australian Government. This eliminates unnecessary duplication.
Terms of reference are used to define the general and specific matters the project proponent must address when preparing the EIS. Before the EIS can be drafted, the Coordinator-General under the State Development and Public Works Organisation Act 1971 must develop a terms of reference for the project.
The Coordinator-General may decide to invite comments on the draft terms of reference through a public notification process. If so, the Coordinator-General will consider the comments received when finalising the terms of reference.
The consultation period typically runs for at least 20 business days, following the publication of the public notices. A list of open public consultations is available at the Consultation Hub.
The resource company prepares a draft EIS once the terms of reference are finalised. If the Coordinator-General considers the draft EIS addresses the terms of reference, then the resource company must publicly notify the draft EIS.
Any person may make a submission on the draft EIS. The submission period typically runs for at least 30 business days. If the project is a 'controlled action', the length of the EIS consultation period must be at least 28 business days.
A list of open public consultations is available at the Consultation Hub.
The Coordinator-General must consider the submissions when deciding whether or not to accept the draft EIS as final.
If you decide to make a submission on the draft EIS, it must be ‘properly made’. This means the submission must:
After considering the draft EIS and submissions made on the draft EIS, the Coordinator-General may ask the project proponent to provide additional information in a revised draft EIS.
Normally, the revised draft EIS is not released for public comment. However, the Coordinator-General may require public consultation on the revised draft EIS. If so, any person may make a submission on the revised draft EIS.
The Coordinator-General must consider the submissions made on the revised draft EIS when deciding whether or not to accept the revised draft EIS as final.
Individuals who make a submission during the EIS process are able to later object to the approval of an EA for a mining project in the Land Court, or appeal to the Land Court about a decision to approve an EA for a petroleum project.
In some circumstances, making a submission on the EIS may be the only opportunity for the public to make a submission about a proposed project on environmental grounds. This is because there is no ability to make a submission on the environmental authority if:
The Coordinator-General will write an evaluation report on the EIS, and can recommend either the project proceed subject to conditions and recommendations or be refused.
Read more about the resource company’s obligations in the EIS process.
A mining lease cannot be granted, and therefore a mining project cannot go ahead, unless the resource company has a valid environmental authority for the project.
The processes for environmental authority and mining lease approvals are connected – for example, the notification and objection processes for mining leases and environmental authorities are aligned.
An environmental authority (EA) puts conditions on the resource company to help reduce or avoid any potential environmental impacts of the proposed project.
There are three types of EA that may be issued for a mining lease:
The type of EA a project requires depends whether the project fits within the standard EA eligibility criteria and standard conditions for the resource authority type. If it does, the project can proceed using a standard EA.
If the project fits the eligibility criteria, but the standard conditions need to be varied, the resource company will complete a variation EA.
If the eligibility criteria and standard conditions do not fit a project, the resource company will complete a site-specific EA application. In these circumstances the resource company is required to provide the Department of Environment, Science and Innovation with detailed information about the proposed activities and their environmental impacts.
Resource companies are required to publicly notify their EA application, unless:
The EA application will be published in a locally circulating newspaper, along with notification of the application for the mining lease. The application is also made available on the mining lease applications page.
Resource companies must also publish site-specific EA applications on a website.
The community has the opportunity to make a submission about a project’s EA application. The submissions period must end at the same time as objections close on the mining lease. This must be at least 20 business days after the mining lease application was notified.
The chief executive will consider the submissions and decide whether the EA should be issued, issued with conditions, or refused.
Submissions must be properly made. This means the submission must:
It is important to note that there is no ability to make a submission on a mining project environmental authority if: the project’s EIS has been completed; the environmental risks have not changed; and if any changes to the way the activities will be carried out are unlikely to attract a submission. This is because submissions have already been taken regarding the project in the EIS process and those submissions give standing to object to an EA for a mining lease or appeal the approval of an EA for a petroleum lease in the Land Court.
If a person makes a properly made submission on the EA application or EIS, they may later object to the draft EA for a mining lease. Submitters are notified of their right to object to the draft EA when the Queensland Government provides them with written notice of, and the reasons for, the decision to approve the project’s environmental authority.
Objections on the EA are heard in the Land Court and at the same time as any objections to the mining lease.
After hearing the objections, the Land Court will make a recommendation to the chief executive about whether the EA application should be approved, approved subject to certain conditions, or refused. If the Land Court decides the EA should be approved subject to conditions, those conditions cannot be inconsistent with any conditions recommended in a State Development and Public Works Organisation Act 1971 EIS report.
When a resource company plans to begin production as part of a mining project, they must first have been granted a mining lease. Before a mining lease can be granted, the resource company must have a valid EA.
Note that typically before a resource company applies for a mining lease, they will have explored the area using an exploration resource authority (such as an exploration permit or mineral development licence).
Mining lease applications are publicly notified in a newspaper circulating in the local area at the same time as the public notification of the draft EA. Affected persons (including the land’s owners) are given a copy of the mining lease application and notice by the resource company.
Any member of the community has the right to make an objection to a mining lease application (that may later be heard in the Land Court) about a proposed mining lease before it is granted.
The objections period begins when the mining lease is publicly notified and must last for at least 20 business days.
Objections are heard at the same time as any objections made about the issue of an EA for the project. Members of the community may lodge an objection to the grant of a mining lease on broad grounds.
After hearing objections, the Land Court makes a recommendation about whether the mining lease should be granted, granted with conditions or rejected. The Land Court considers a number of factors before making the recommendation, including:
All petroleum leases require a site-specific EA to be completed before the petroleum lease can be granted. This means that each petroleum lease is subject to environmental conditions for the EA that are tailored to the individual project.
Resource companies are required to publicly notify their EA application, unless:
The EA application will be published in a locally circulating newspaper. Applications are also made available on the Department of Environment, Science and Innovation's website. Resource companies are also required to publish site-specific EA applications online.
The community has the opportunity to make a submission about a project’s EA application.
The submissions period must be at least 20 business days from the date the EA application was notified.
Submissions must be properly made. This means the submission must:
It is important to note that where a petroleum project’s EIS has completed and the project’s environmental risks have not changed, if there are any changes to the way the activities will be carried out and those changes are unlikely to attract a submission, there is no ability to make a submission on the EA. This is because submissions have already been taken regarding the project in the EIS process, and those submissions give standing to appeal the approval of an EA for a petroleum lease in the Land Court.
If the chief executive of the Department of Environment, Science and Innovation decides to approve the EA application, submitters (as ‘dissatisfied persons’) can request an internal review of the decision. This means that a different officer from the department, who is not of a less senior office than the original decision-maker, reviews and remakes the decision.
Dissatisfied submitters must ask for an internal review of the decision within 10 business days of being notified of the decision.
The department will notify the dissatisfied submitter of the remade decision and provide the reasons for the decision.
Following an internal review of a decision, any dissatisfied submitter can appeal the decision to approve the EA in the Land Court. This is an appeal of the original decision.
Dissatisfied submitters have 22 business days from the date of the decision to begin an appeal to the Land Court.
Note that the original decision on the EA is still in effect when under internal review or subject to an appeal. Dissatisfied submitters can apply for a ‘stay of decision’, which, if approved, effectively stops the decision until a defined period ends.
When a resource company plans to produce petroleum or gas from land as part of a petroleum project, they must first have been granted a petroleum lease. Before a petroleum lease can be granted, the resource company must have a valid EA.
Note that typically before a resource company applies for a petroleum lease, they will have explored the area using an exploration resource authority (an ‘authority to prospect’).
Before a petroleum lease can be granted, the resource company must fulfil certain requirements, including:
There is no ability to object or appeal the grant of a petroleum lease.
Community involvement in mining and petroleum lease approvals, 24 Jul 2024, [https://oss-uat.clients.squiz.net/environment/management/environmental/impacts-approvals]
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