King & Wood Mallesons

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Major Reforms to overlapping tenure in Qld — transitional arrangements announced

By Scott Singleton and Ryan Gawrych

On 28 November 2013, the Queensland Resources Council (QRC) announced receipt of a letter from Dr Brett Heyward, director-general of the Department of Natural Resources and Mines (DRNM) confirming the transitional arrangements that will apply once legislative amendments to the overlapping tenure framework, which are currently being drafted, are introduced in mid-2014.

The legislative amendments are to give effect to the new overlapping tenure framework proposed by the coal and coal seam gas (CSG) industries in the June 2012 submission to the Queensland government entitled ‘Maximising Utilisation of Queensland’s Coal and Coal Seam Gas Resources – A New Approach to Overlapping Tenure in Queensland’.

The white paper proposes a radical overhaul of the existing overlapping tenure regime to provide a direct path to the grant of production tenure and the introduction of default legislative outcomes to facilitate co-development and encourage maximum resource extraction. The default arrangements are also intended to provide development certainty for coal and CSG proponents by removing a number of the mechanisms which have stymied development under the existing regime…

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