Martin Klapper, Partner and Jonathan Fulcher, Partner
The Queensland Government last week announced a ban on mining exploration within urban areas in south east Queensland, as well as regional centres such as Ipswich, Toowoomba, Beaudesert, Rockhampton, Mackay, Mt Isa, Charters Towers and St George.
An 'urban area' is defined as any land that is within 2 km of cities and towns with a population of more than 1000 people, although it appears that the exact size of the buffer zone remains under consideration.
Here, Partner Martin Klapper and Associate Andre Dauwalder outline how this policy will affect mining projects in Queensland.
How this policy will affect your project
- For mining exploration projects: the government intends to declare exploration restricted areas for 'urban areas', covering all existing and future mining exploration rights.
- For petroleum exploration projects: no future authorities to prospect for petroleum will be issued in the restricted areas. It is not clear whether this policy will affect existing rights to explore for petroleum.
- For existing mines and operating petroleum production projects: at this stage, there is no indication that the new policy will affect existing mines and petroleum producing fields.
The policy applied to the grant of new permits as at 16 August 2011. The Mineral Resources Act 1989 will also be amended later this year to prevent existing exploration tenure holders from undertaking any exploration activities in and around urban areas.
The Queensland Government's full media release can be viewed online. While the Government is seeking feedback from industry bodies, local government and other key stakeholders on the draft legislation, no further details have been released at this time. However, we will continue to monitor this issue and will issue further Alerts as information comes to hand.
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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.