Re: Legislative Enhancements to Mining Claims

AgForce is a peak organisation representing Queensland’s cane, cattle, grain and sheep, wool & goat producers. The cane, beef, broadacre cropping and sheep, wool & goat industries in Queensland generated around $10.4 billion in on-farm value of production in 2021-22. AgForce’s purpose is to advance sustainable agribusiness and strives to ensure the long-term growth, viability, competitiveness and profitability of these industries. Over 6,000 farmers, individuals and businesses provide support to AgForce through membership. Our members own and manage around 55 million hectares, or a third of the state’s land area. Queensland producers provide high-quality food and fibre to Australian and overseas consumers, contribute significantly to the social fabric of regional, rural and remote communities, as well as deliver stewardship of the state’s natural environment.

AgForce welcomes the opportunity to make this submission to the Department of Resources in response to the Legislative Enhancements of Mining Claims Consultation Paper. As communicated to the Queensland Government previously in relation to land uses that compete with agriculture, such as renewable energy projects and small-holder mining, AgForce stands by Board-endorsed Land Use Protection Principles (see Appendix 1). In line with these principles, AgForce supports Queensland Government in proactively engaging with impacted agricultural stakeholders.

AgForce continues to stand by the recommendations provided in its November 2022 submission paper (attached as Appendix 2) and supports the majority of the recommendations within the consultation paper, although would like to make the below comments:

PART A – PROPOSED LEGISLATIVE CHANGES THAT RELATE TO THE DISCUSSION PAPER
Fossicking

AgForce would like to see that when local government are identifying areas suitable for fossicking, that landholders are also engaged in this process from the commencement.
AgForce will defer to its submission in response to the Improved Regulatory Efficiency Consultation paper to provide more feedback on fossicking

Modernising Chapter 3 of the Mineral Resources Act

AgForce endorses the general improvements listed on page 7 of the consultation paper.

CHANGES TO ENSURE THE EFFECTIVE REGULATION OF MINING CLAIM
Fees and Charges

Following AgForce’s November 2022 submission, AgForce stands by its recommendation that an ongoing fee, indexed to current inflationary and CPI pressures, be included as ongoing administration costs in addition to the proposed up-front payment. AgForce still also suggests that a rate charge from the Local Government Authority also be included in population centres to assist with upkeep of local arterial roads and community infrastructure.

Application Requirements

AgForce supports the proposed changes to the legislation relating to application requirements.

Term of Mining Claim

AgForce again stands by its recommendations in its November 2022 submission that the government should remove the ability to transfer after the last permitted renewal.
Whilst the proposed changes are not entirely in line with the recommendation provided in

AgForce’s previous submission, AgForce does support the limit of two renewals per mining claim.

CHANGES TO SUPPORT GENUINE SMALL-SCALE MINING OPERATION

Clear Requirements for Mining Claim Holders

AgForce has concerns that tourism is listed as a purpose for which a mining claim may be granted and believes that tourism should be excluded. (refer point 1 on page 11 of the Consultation Paper).
As indicated in our November 2022 submission, biosecurity requirements also need to be included as requirements for claim holders. The Small-Scale Mining Code 2018 and the Fossicking Regulation 2019 do not reflect the General Biosecurity Obligation (GBO) which under the Biosecurity Act 2014, applies to everyone.
Under s23 of the Biosecurity Act, claim holders have an obligation to take all reasonable and practical measures to prevent or minimise the biosecurity risk.
AgForce advocates for a clause be included in the proposed changes to explicitly state that vehicles must be washed down prior to entering the property/area and again when leaving to prevent the spread of pests and weeds.
Again, AgForce relies on its November 2022 submission highlighting the issues that producers face with general waste and contaminants, including the issues that arise when livestock come into contact with waste products such as lead, heavy metals and restricted animal material (RAM)¹.
Again, AgForce would advocate for a factsheet to be provided to landholders that sets out the relevant information and authorities to ensure landholders are able to understand what their rights are and how to utilise these rights to ensure adherence to farm biosecurity plans and procedures by small-scale miners.
Within the proposed changes to the legislation AgForce would also like to see amendments to include a clause disallowing mining claims and leases on permanent water sources.

Evidence of Activity

AgForce supports the proposed amendments to require mining claim holders to keep records that demonstrate evidence of mining activities and make it available upon request by an authorised officer.

Improving Coexistence

AgForce supports the amendments proposed. AgForce will make further comment on the proposed expansion of the Land Access Ombudsman in our submission to the Coexistence Institutions and Coal Seam Gas-induced subsidence management framework consultation paper.

¹ https://www.legislation.qld.gov.au/view/html/inforce/current/act-2014-007#sec.45B

AgForce would like to add that transfers of mining claims be included in the proposed legislation, to allow for Compensation Agreements to be renegotiated with the new claim holder.

Additionally, AgForce would like to see that biosecurity and fire management arrangements are also included and updated in all Compensation Agreement.

CHANGES TO ADDRESS NON-COMPLIANCE
Proposed Changes to the Legislation to Address Non-Compliance

AgForce approves of the proposed amendments, but would like to see that point 10 on the new offence provision, ‘failing to make relevant payments’ should also include landholder compensation.
AgForce would also like to take this opportunity to emphasise that landholders feel that compliance enforcement is virtually non-existent. Landholders are taking on the role of compliance officers and often find that complaints take unsatisfactory amounts of time to be followed up and usually result in little consequence. This makes ‘coexistence’ even more difficult as the lines of responsibility become blurred impacting already strained relationships.
AgForce is supportive of the proposal to introduce Penalty Infringement Notices (PINs), but again would like to reiterate the need for increased funding and priority to be given to the compliance function and the provision of public transparency of the strategy’s effectiveness.
AgForce would also like to see a point added aimed at better compliance when claim holders fail to keep their mining activities within their lease area.

Proposed Changes to the Legislation to Promote Site Clean-Up

AgForce agrees with the proposed amendments to allow the government to pool security held for terminated mining claims and the ability for the government to accrue and keep interest on security held under the Mineral Resources Act 1989.
AgForce would again reiterate that the Government needs to ensure that security values are up- to-date and cover the actual removal and disposal costs to the Queensland Government.

PART B – PROPOSALS FOR FURTHER CONSIDERATION
Proposed Changes to the Legislation Relating to the Transitional Provisions

AgForce agrees with the points listed on pages 17-18 of the Consultation Paper however, would like to add under ‘Improving Coexistence’, that landholder compensation should be reviewed upon any transfer or renewal to reflect the current land valuations and commodity prices.

AgForce thanks the Department of Resources for the opportunity to provide feedback and looks forward to continued engagement to better practices for all stakeholders involved.

If you have any questions or require further information please contact Anna Fiskbek, Policy Advisor, by email: fiskbeka@agforceqld.org.au or mobile: 0407 813 470.

Yours sincerely

Michael Guerin
Chief Executive Officer
Encs

Appendix 1: AgForce Land Use Protection Principles

As the body for agriculture, AgForce requires that alternative and potentially impacting land uses ensure:

There is recognition that natural capital has an inherent value
Human health and well-being must not be sacrificed
A precautionary approach that avoids negative legacy effects on natural resources including air, soil, water and biodiversity
There are no negative impacts on existing or future sustainable agricultural opportunities

Before:

- Recognize that resources are finite
- All projects are assessed on environmental, social and economic criteria
- There is a formal mechanism for agriculture to be involved in assessment
- Projects should not be assessed in isolation and cumulative impacts assessed
- Potential impacts need to be objectively and accurately quantified, rigorously and independently reviewed
- Agricultural landholders to have equal representation, available resources and bargaining power

During:

- All projects must have comprehensive monitoring and transparent reporting
- Non-compliance will trigger cease work
- Enforcement is primarily the responsibility of government, but landholders must have a right to compel action
- Industry and Government must proactively identify and manage cumulative impacts, both individual project cumulative impacts and multiple projects cumulative impacts

After:

- Land needs to be rehabilitated to be the pre-existing natural conditions
- Financial assurance needs to be adequate for rehabilitation

See: https://www.agforceqld.org.au/knowledgebase/article/AGF-01250/

Appendix 2

Keywords: Submission, Legislative, Enhancements, Mining, Claims, Consultation