More control for locals, miners less impressed
A bill is being considered which will hand more control to Queensland governments for approval of mining leases, but some say it does not go far enough.
The new Regional Planning Interests Bill is up for public consultation in Queensland, aimed to give state and local governments the final say on which projects will go ahead.
The bill is meant to protect local and state governments from having projects approved which would damage their livelihoods or put other assets at risk. It allows them to determine aspects of ‘regional interest’ that might be the basis for preventing an approval.
Legal analysts say it will operate as a hurdle for major resource companies and investors looking to exploit the incredible buried wealth of the state. They say the Bill will unnecessarily prevent miners from accessing lands where there is resistance from small regional communities.
There are a number of ways to avoid requirements of the Bill, which may allow interested companies to gain near-automatic approval through the exploitation of loopholes.
There is one allowance in favour of mining companies, with the Bill allowing them to engage a ‘regional interests authority’ to negotiate on their behalf.
The regional interests authorities will “manage the impact of resource activities and other regulated activities on areas of the State that contribute, or are likely to contribute, to Queensland's economic, social and environmental prosperity,” according to the official document.
It is unclear if there a strict rules governing who can be considered an authority on regional interests, but at a minimum it appears to be a requirement that the person be a member of the nearby local government.
Some resources groups will likely be annoyed by the final determination being given to local government, as councils are often influenced by the opinions of people living in the areas directly affected by large mining projects.
The enhanced powers will most likely be employed by councils to stop some projects, especially those councils that have a higher proportion of environmentally-focused residents.
Under the Bill, any council chief executive, who makes the ultimate decision on whether the regional interests authority will be granted, must “give effect” to any recommendations given by a local government in response to the application.
The Bill is seen by some as part of the new age of regulatory process in Queensland resources and environmental conflicts.
It is unclear whether the adequate control given to local governments in the newly-passed bill will be counteracted by the removal of control and regulation with subsequent Bills, but that is at this point still speculatory.
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