01 October 2026
7 min read
#Planning, Environment & Sustainability
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On 15 September 2026, the Queensland Government introduced the Mineral Resources and Other Legislation Amendment Bill 2026 (Bill) into Parliament. The Bill proposes significant reforms to streamline mining lease and environmental authority assessment processes, while maintaining opportunities for community participation and environmental assessment under the Environmental Protection Act 1994 (EP Act).
The proposed reforms seek to better align the Mineral Resources Act 1989 (MR Act) and the EP Act by:
In Queensland, mining projects currently require both a mining lease under the MR Act and an environmental authority under the EP Act before mining activities may be carried out.
Environmental impacts are principally assessed through the environmental authority process under the EP Act, but they are also considered when a mining lease is decided under the MR Act. The Bill seeks to address this duplication by:
The Bill proposes to combine the assessment and decision-making processes for site-specific environmental authority applications and PRCP schedules. Under the proposed framework, the administering authority would issue the draft environmental authority and draft PRCP schedule together, with the submission and objection processes applying concurrently under a coordinated timetable.
Where a matter is referred to the Land Court, the hearing and recommendations made by the Court would address the draft environmental authority and draft PRCP schedule together. The administering authority would then make a single decision on the site-specific application and, if it is approved, issue the environmental authority and PRCP schedule within the same statutory timeframe.
Under the current framework, properly made objections made in respect of a mining lease application and an associated site-specific environmental authority application are automatically referred to the Land Court.
If an objection notice is given for an associated environmental authority application, the administering authority must refer that application and the objection notices to the Land Court. The Court then conducts a hearing and makes recommendations before the Minister decides the mining lease application, and the administering authority decides the environmental authority application.
This process can result in delays and increased costs for applicants, objectors and decision-makers.
The Bill proposes to replace the automatic referral of objections to the Land Court with a discretionary process. The Minister may refer a mining lease application, or a specific matter relating to it, to the Land Court for a hearing. Under the parallel environmental authority process, the administering authority may refer the application, an objection or a specific matter to the Land Court. Each decision-maker could therefore seek the Court’s independent consideration where this would assist with the relevant statutory decision.
The Bill also proposes significant changes to the objections process, including who may lodge an objection and the matters they may raise. Under Queensland’s current framework, any person or organisation may object to a mining lease application on any ground, without having to show that they would be directly affected.
The Bill proposes to restrict objections to eligible entities, comprising:
Under the proposed reforms, objections must address specified statutory matters.
For a mining lease application, objections must address the applicable decision criteria under the MR Act. For a site-specific environmental authority application, they must address the draft environmental authority, any draft PRCP schedule and the relevant decision criteria under the EP Act. Individuals who are not eligible to object may still make submissions on an applicable environmental authority process during the notification period, but those submissions are not referred to the Land Court.
Mining lease applications that require a site-specific environmental authority are currently subject to notification and objection requirements under both the MR Act and EP Act. The Bill proposes to coordinate these requirements through a mining lease notice that supports a combined submission and objection process. Similar processes would apply to certain major amendment applications involving ineligible environmentally relevant activities, including where no new mining lease is sought.
Public notification, submission and objection requirements would be removed for lower-risk standard and variation environmental authority applications. These application types are available only where published eligibility criteria are met, and those criteria are themselves developed through consultation. The reform is intended to remove unnecessary procedural steps for lower-risk activities.
The Bill also sets out transitional arrangements for mining lease and environmental authority applications already under way.
For an existing application, the process will depend on its status immediately before the reforms commence. Key considerations include whether the application has been referred to the Land Court, whether the hearing has started, whether the Court has made an order or direction other than an order or direction fixing a hearing date, and whether the Court has already made a recommendation.
Broadly:
Separate transitional provisions apply to different environmental authority application types, including site-specific, standard and variation applications.
The Bill has been referred to the Primary Industries and Resources Committee for detailed consideration and report by 6 November 2026.
The Committee’s key dates are:
Once the Committee’s report has been tabled, the Government will have three months to respond to any recommendations.
Mining entities, local landholders and other stakeholders should consider making a submission if the proposed reforms may affect their interests or participation rights.
For mining entities, a submission provides an opportunity to identify practical issues in aligning mining lease, environmental authority and PRCP processes, including notification sequencing, transitional arrangements, project timing and cost.
Landholders, local governments, infrastructure providers and community stakeholders may also wish to address whether the proposed eligibility tests, confined objection grounds and discretionary Land Court referral process provide an appropriate opportunity for affected interests to be heard.
Stakeholders should monitor the Committee’s report, the Government’s response and Parliamentary debate because the Bill may be amended before passage, and its commencement and transitional provisions will determine which framework applies to existing and proposed applications.
If you have any questions about the proposed amendments or need assistance with drafting a submission, please get in touch with us.
Disclaimer
The information in this article is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this article is accurate at the date it is received or that it will continue to be accurate in the future.
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