Introduction of the Mineral Resources and Other Legislation Amendment Bill 2026 5 min read
On 15 September 2026, the Queensland Parliament introduced the Mineral Resources and Other Legislation Amendment Bill 2026 (the Bill) proposing significant reforms to the objection process for mining leases and associated environmental authorities. If passed, the changes would narrow the scope for public objections to new mining leases and likely streamline timeframes for mining lease grants.
Background – the current statutory regime
The key features of the current mining lease regime in Queensland are below.
- A person wishing to mine minerals requires both a mining lease and an associated environmental authority. When these approvals are sought, they are subject to a public notification process.
- Any person may object to the grant of a mining lease for virtually any reason. Objections may also be separately made to the proposed site-specific environmental authority, and often a person might choose to object to both the mining lease and the environmental authority. There have been examples of people or organisations outside of Queensland lodging objections. There is no requirement for an objector to show that they will be personally impacted (directly or indirectly) by the mine.
- An objection can be made against a mining lease on specific grounds, but also for 'any good reason'. That is, there is no real limitation, subject to rules prohibiting frivolous and vexatious objections.
- The process for referral to the Land Court of objections made to applications for environmental authorities (or major amendments to environmental authorities) applies equally to applications for (or major amendments to) Progressive Rehabilitation and Closure Plans (PRCPs).
- If an objection is made, the matter is automatically referred to the Land Court. The Land Court considers the objections to the mining lease and/or the environmental authority/PRCP, and makes a recommendation to the Minister for Resources (Minister) regarding the mining lease and/or to the environmental regulator, the Department of the Environment, Tourism, Science and Innovation (DETSI), regarding the environmental authority/PRCP. The Land Court recommends whether the application should be granted and, if so, on what conditions.
- For mining lease applications, while the Minister must consider the Land Court recommendation, the Minister is not bound by it. Similarly, for environmental authority/PRCP applications, DETSI must consider the Land Court recommendation (among other matters) but is not bound by it.
Over the past 20 years, there has been a steady and noticeable increase in objections to mining leases and environmental authorities for all types of mining, but this is particularly so for coal mining leases, with coal being Queensland's largest export industry. Objections are often made by parties, such as NGOs, that are often opposed to mining generally or certain types of mining.
Purpose of the legislation
The stated purpose of the Bill is to deliver a more efficient framework for assessment of mining lease applications and associated environmental authorities, and to strengthen Queensland's investment attractiveness in the resources sector.
The key features of the amending legislation are below.
- The persons with standing to object to a mining lease will be significantly narrowed. Essentially, objectors will be limited to landowners and occupiers within the mining lease area or a surrounding 125 kilometre area, infrastructure providers within the mining lease area, and local governments.
- The grounds for objection to a mining lease will be narrowed. The broad ability to object 'for any good reason' will be removed. Also, environmental impacts will no longer be a ground for objecting to a mining lease. The rationale is that removing this ground eliminates duplication with the ability to object to an environmental authority, which is the approval that permits and regulates a mine's environmental impacts.
- Objections will no longer be automatically referred to the Land Court. For mining lease applications, the Minister will first consider the objections received and decide whether to refer some, or all, of those objections to the Land Court to make a recommendation. The Minister may decide to not refer the objections to the Land Court, and simply determine the mining lease applications themselves, considering any objections received. Similarly, for objections about applications for environmental authorities/PRCPs, DETSI will first consider whether the applications should be referred to the Land Court generally, or referred only on a specific matter.
- The Bill introduces a single combined public notice for both mining lease and environmental authority applications instead of the current separate notification processes.
- For an application for an environmental authority/PRCP relating to a mining lease, while the persons with standing to object will be limited as described above, anyone can still make a submission about the draft environmental authority/PRCP, which DETSI may consider. This type of submission is distinct from objections and does not trigger the opportunity for a referral to the Land Court.
- Major amendment applications for environmental authorities/PRCPs will still be separately notified if the application does not relate to a mining lease.
- The proposed transitional arrangements mean that the application of the new objection regime to existing mining lease and environmental authority/PRCP applications will depend upon what stage those applications are at when the new legislation commences, and under what legislation the application is made.
- Under the Mineral Resources Act 1989 (Qld), if, at the time the Bill commences, a mining lease notice has not yet been issued, then the new objection regime will apply to the application. If a mining lease notice has been issued but a Land Court process has not substantially commenced, then certain aspects of the amended regime will apply. For mining lease applications already the subject of existing substantive Land Court hearings, the existing legislative provisions still apply.
- Under the Environmental Protection Act 1994 (Qld), if, at the time the Bill commences, a site-specific environmental authority or amendment application relating to a mining lease has:
- been made but has not yet been referred to the Land Court: then the existing public notification and objection provisions still applies to the application itself. However, any objection notice lodged is taken to be an objection made under the new provisions, and the application will proceed under the amended regime.
- already been referred to the Land Court, but the objections hearing process has not commenced: the referral to the Land Court is effectively set aside and the application transitions into the new regime.
- been referred to the Land Court, and an objections hearing process has commenced but the Land Court has not yet made a decision: the existing legislative provisions still apply to the application.
- been referred to the Land Court, an objections decision has been made, but DETSI has not yet made its decision: the existing legislative provisions still apply to the application.
- Standard and variation applications relating to a mining lease generally transition to the new framework, with existing objection processes and Land Court referrals discontinued and remitted back to DETSI to be determined under the new provisions.