Effects will extend beyond critical minerals 11 min read
The State Development and Public Works Organisation (Critical Minerals) and Other Legislation Amendment Bill 2026 (Qld) (the Bill) seeks to empower the Minister and the Coordinator-General (the CG) to facilitate projects of strategic importance to the State of Queensland, through fast-tracking approval processes, improving infrastructure coordination, and simplifying land access and acquisition powers.
While the catalyst for the changes is related to the need to facilitate the development of critical minerals projects (as reflected in the name), the Bill's reach is much broader. It seeks to increase and improve the tools available to the Minister and the CG to give Queensland a competitive edge in project attraction and approvals. The projects most likely to benefit from the changes in the Bill include, but are not limited to, resources, infrastructure, manufacturing and tourism projects. In this Insight, we explain the key changes and their implications.
Key takeaways
- The coordinated projects process will expand to integrate regional interests development approvals under the Regional Planning Interests Act 2014 (Qld) (the RPI Act), and certain transport-related approvals and decisions under the Transport Infrastructure Act 1994 (Qld) (the TIA). These changes will benefit new coordinated projects, as well as existing coordinated projects that are subject to assessment.
- A declaration by the Minister of prescribed projects as State strategic projects will enable them to benefit from a variety of new mechanisms to facilitate their investigation, approval and implementation. These mechanisms include State significance notices, modification orders, the CG's powers to take land, the creation of strategic infrastructure easements and the granting of access authorities — they will be available to existing prescribed projects and critical infrastructure projects, as well as new prescribed projects.
- A new infrastructure coordination plan (ICP) framework will improve the coordination of infrastructure required by, or associated with, one or more mineral or energy resources projects. The Minister will also be able to decide the process for assessing and deciding certain planning applications, to facilitate infrastructure coordination.
- Various substantive and administrative changes to the State development area (SDA) framework will improve the processing of SDA applications and the implementation of the resulting approvals — in particular, the recognition of SDA-related development will improve the functionality of development within SDAs.
- The new land access framework will provide a clear pathway for proponents for prescribed projects and State strategic projects to undertake preliminary investigations.
Background
The Bill proposes major changes to the existing State Development and Public Works Organisation Act 1971 (Qld) (the State Development Act). It will introduce similar powers to those found in legislation recently enacted in South Australia, Western Australia and the Northern Territory. In particular, the new State significance notice and modification order have been modelled on provisions in the interstate legislation.
Better integration for coordinated projects
The Bill will expand the coordinated projects process to integrate the RPI Act approval processes for regional interests development approvals, and certain approvals under the TIA for works and access to State-controlled roads, and interference with railways.
Importantly, in relation to the RPI Act, this will mean a reduction in duplication, particularly in relation to notification and referral.
Under both the RPI Act and the TIA, it is proposed that the Minister would have the power to state conditions, and for these conditions to prevail to the extent of any inconsistency with conditions imposed under the relevant legislation.
These proposed changes will apply to existing coordinated projects for which the CG has not given the proponent its evaluation report.
Benefits of a State strategic project declaration
The Bill provides for the Minister to declare an existing or proposed prescribed project to be a State strategic project (replacing the former critical infrastructure project designation), and, in connection with a State strategic project, to provide for the giving of a State significance notice and the making of a modification order.
A State strategic project is a prescribed project that the Minister considers is critical or essential for the State for economic, environmental or social reasons, or a high priority for the State because it will, or is likely to, significantly contribute to the achievement of the Government's economic, environmental or social objectives for the State or a region.
Importantly, the type of project that may qualify as a State strategic project is not limited. It may be, for example, a resources, infrastructure, manufacturing or tourism project. Existing critical infrastructure projects, such as the Borumba Pumped Hydro Project and the CopperString 2032 Project, will become State strategic projects upon the Bill commencing.
The Bill provides that orders and injunctions under the Judicial Review Act 1991 (Qld) (the JRA) will be excluded for decisions made by the Minister and the CG in relation to a State strategic project and the giving of a State significance notice.
The Bill will enable the Minister to give a State significance notice to a decision maker and an applicant for a decision in relation to a State strategic project. A State significance notice is a tool to bring consistency to decision making.
A State significance notice will require the decision maker to take into account the matters the Minister considers should be taken into account in considering or making the decision. The decision maker will also be required to make the decision in consultation with the Minister. If the decision is an approval, it will not be capable of review or appeal other than by the applicant. Rights under the JRA will remain available.
The Bill will enable a modification order to be made by regulation in relation to a State strategic project. This is a potentially powerful tool to streamline and vary approval processes.
A modification order will have the effect of either modifying a provision of an Act or providing that a provision of an Act will not apply in relation to a State strategic project. A modification order may also state the conditions that will apply to prevent, control or mitigate detrimental environmental effects that may arise from the modified provision.
The Bill provides for multiple checks and balances in relation to the use of this power, including that the making of a modification order will not remove the need for, or compliance with, key authorisations.
Key authorisations are defined in the Bill to include environmental authorities, resource authorities, a development approval, a priority development area development approval, an SDA approval, a cultural heritage management plan or the need for owner's consent. The definition does not, however, include approvals under the RPI Act or a number of pieces of environmental legislation (eg the Nature Conservation Act 1992 (Qld)).
A modification order may provide that a decision made under a modified Act approving a State strategic project, an aspect or part of a State strategic project or another matter relating to a State strategic project, cannot be reviewed or appealed, except by the proponent for the State strategic project. A modification order cannot exclude or modify the application of the JRA.
The Bill provides for a regulation to declare a State strategic project as a purpose for which the CG may take identified land.
The Minister may recommend to the Governor in Council the making of a declaration for a State strategic project only if:
- the CG has endorsed the project as a purpose for which land may be taken;
- the proponent has complied with the requirement to make a final unconditional offer to purchase the land from the owner; and
- the Minister is satisfied the proponent has the financial and technical capability to undertake the project in a timely way, and it is in the State's interests that the land be taken to facilitate the project's delivery.
The making of a declaration does not require the CG to take the land identified in the declaration. For the CG to do so, they must be satisfied that the proponent has the financial and technical capability to undertake the project in a timely way, and it is in the State's interests that the land be taken to facilitate the project's delivery.
The Bill amends the provisions in the State Development Act about critical infrastructure easements to facilitate the granting of strategic infrastructure easements for infrastructure required by, or associated with, State strategic projects on land that is burdened by an existing public utility easement. In particular, the amendments permit, subject to the Governor in Council's approval, a strategic infrastructure easement to be used for a purpose other than to provide a public utility service, and for the easement to be held by persons who are not public utility service providers.
Infrastructure coordination plans to improve infrastructure delivery
The new ICP framework will replace the existing underutilised prescribed development provisions under the State Development Act. The ICP framework's focus is on the State's mineral or energy resources.
The new provisions will promote and support development for, or associated with, extracting or otherwise dealing with mineral or energy resources; facilitate a coordinated and efficient approach for the provision of infrastructure required by, or associated with, these projects; and provide for efficient and certain decision making of related planning applications under the Planning Act 2016 (Qld) (the Planning Act).
These outcomes are to be achieved by providing for the Minister to:
- direct the CG to carry out a development investigation in relation to infrastructure (whether existing or proposed) required by, or associated with, a resources project, or two or more resources projects, and prepare an investigation report, in which the CG may recommend that an ICP be made for some or all of the infrastructure required by, or associated with, the resources project;
- direct the CG to make an ICP for some or all of the infrastructure required by, or associated with, the resources project, to enable the infrastructure to be provided in a coordinated and efficient way. An ICP is made by the CG and approved by regulation, and may identify a class of planning applications that are relevant planning applications to which the ICP applies; and
- decide the process for assessing and deciding relevant planning applications made under the Planning Act in relation to land identified in an investigation notice or an ICP. The Minister must consider the ICP in deciding the application. There are no appeal rights against the Minister's decision about the relevant application; however, a person's right to start declaratory proceedings in the Planning and Environment Court is preserved.
Modernising the State development area provisions
The Bill proposes a number of new provisions that will modernise the SDA framework.
It will introduce SDA-related development, which is development located outside the SDA but that facilitates development within it. An SDA-related development may be identified and regulated in an approved development scheme, or an SDA-related development may be separately declared by the CG.
The Bill provides for the making of standalone SDA rules by the CG, with the approval of the Minister and the Governor in Council. The SDA rules will set out the machinery provisions for making, assessing and deciding SDA applications and requests in an SDA. They will supplement, but not override, machinery provisions that already exist in SDA development schemes.
The Bill includes new provisions that allow a condition to be imposed on an SDA approval or a change application for development in an SDA that requires the payment of infrastructure charges for the SDA. There are also new provisions authorising a condition that requires an environmental offset to be provided.
The SDA approval currency periods and lapsing provisions will be revised to align with similar provisions in the Planning Act.
The Bill contains detailed provisions dealing with the situation where development will no longer be regulated under an approved development scheme. These provisions deal with SDA applications and requests, SDA approvals and existing lawful uses.
New land access authorities
There are new provisions in the Bill dealing with the grant of access authorities to facilitate land access while seeking to safeguard landowners' interests.
These provisions will allow a proponent of a prescribed project to apply to the CG for an access authority if they consider particular land may be suitable for the project's development or may impact its development. The authorised activities will relate to the proponent investigating the land's suitability for, or potential impact on, the project's development.
The provisions will also allow a proponent of a State strategic project to apply to the CG for an access authority to carry out enabling works on land if they consider it is necessary to do so for the project and, having regard to their minor or temporary nature, it would be appropriate to carry them out under an access authority.
The owner and occupier of land may give the holder of an access authority notice to rectify damage or loss caused by the activities carried out under the authority, and the holder of an access authority must compensate the owner or occupier for damage or loss caused by activities carried out under the authority and not rectified.
Next steps
The Bill was referred to the Primary Industries and Resources Committee. The Committee received 91 written submissions, and a number of the submitters made oral submissions during the public hearing.
The Committee's report on the Bill was published on 7 August 2026. It states that stakeholder responses were mixed, with qualified support from industry and regional development organisations, and concerns expressed by environmental and community groups, and landholders.
Having considered all submissions, the Committee recommended that the Bill be passed, without amendment. However, taking into account the diverse views that stakeholders expressed, the report states that the Government may wish to consider conducting a review of the changes contained in the Bill within five years after commencement.
While the Committee noted that the Bill departs from fundamental legislative principles, it found that the extent of the departure was necessary to achieve the Government's policy objectives and was in a manner that was adequately justified. Similarly, it found that any limits on human rights were proportional and sufficiently justified.
There were statements of reservation from three of the six Committee members, who requested that amendments be made to the Bill. Despite these reservations, it is expected that the Bill will proceed through Parliament unamended and become law. The timing for this is not currently known.
The Allens team is happy to discuss the changes to the State Development Act that the Bill proposes and how they may be best used to facilitate future projects.