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What types of objections to mining projects go to the LRT?

Two types of objections to mining projects may come to the LRT:

• objections to the mining tenure being granted (ie mining claims or mining leases), under the Mineral Resources Act 1989 (MRA); and
• objections on environmental grounds, under the Environmental Protection Act 1994 (EP Act).

A combined form of objection has been approved under the MRA and the EP Act. Click here to access the form on the website of the Department of Natural Resources, Mines & Energy. The form provides for all or any of the following types of objections:

• to the grant of the mining tenure;
• to the application for the environmental authority;
• to the draft environmental authority;
• to a condition/conditions included in the draft environmental authority.

The Certificate of Public Notice advertised by the applicant for the mining lease specifies the last day for lodgement of objections. That notice is also posted at the office of the Mining Registrar.

The Department of Natural Resources, Mines & Energy (NRM&E) administers the MRA, which is the Act under which mining tenures are granted. The Environmental Protection Agency has also delegated some functions regarding the environmental authority to the NRM&E. Mining Registrars are located in mining districts throughout the State and their contact details are included in the Certificate of Public Notice. The Mining Registrar and other NRM&E officers can provide information about the procedural requirements for making an objection to the grant of the mining tenure or an objection on environmental grounds.

The Mining Registrar does not consider or rule on your objection. Objections to the grant of a mining tenure or on environmental grounds must be heard by the LRT. The Mining Registrar refers the applications and objections to the LRT. The LRT sets a date for a directions hearing and the Mining Registrar advises the objectors of the date set. Directions hearings are short hearings to set out the requirements for preparing the matter for the hearing. If you are outside Brisbane you can participate in a directions hearing by telephone, by contacting the LRT before the date for the directions hearing.

The LRT has different statutory requirements depending on the type of objection.

For an objection to the grant of a mining tenure, the LRT must:

• hear the objection and the application in the one hearing;
• not entertain any objection or any ground of objection or any evidence about an objection or ground of objection, if the objection or ground is not contained in a duly lodged written objection;
• take into account and consider the matters set out in section 269(4) of the MRA, in the case of a mining lease, and section 78(2) of the MRA in the case of a mining claim;
• in the case of a mining lease, make a recommendation to the Minister for Natural Resources, Mines & Energy that the application for the grant of the mining tenure is:
  • granted (in whole or in part) without conditions;
  • granted (in whole or in part) subject to conditions; or
  • rejected (in whole or in part)
• in the case of a mining claim, instruct the Mining Registrar to reject or grant the application for a mining claim.

For an objection on environmental grounds, the LRT must:

• consider the documents and matters set out in section 223 of the EP Act;
• make a recommendation to the Minister for Natural Resources, Mines & Energy that the application for the environmental authority is:
  • granted on the basis of the draft environmental authority;
  • granted on stated conditions that are different from the conditions in the draft; or
  • refused.

   

What are the matters the LRT must consider under section 78(2) of the MRA in relation to an application for a mining lease?

The LRT must not instruct the Mining Registrar to grant the mining claim if it is satisfied that:

• the provisions of part 4 of the MRA have not been complied with;
• the public right and interest would be adversely affected by the grant of the mining claim; or
• there is good reason to refuse the grant of the mining claim.

What are the matters the LRT must consider under section 269(4) of the MRA in relation to an application for a mining lease?

The LRT must not instruct the Mining Registrar to grant the mining claim if it is satisfied that:

• the provisions of part 4 of the MRA have not been complied with;
• the public right and interest would be adversely affected by the grant of the mining claim; or
• there is good reason to refuse the grant of the mining claim.

What are the matters the LRT must consider under section 269(4) of the MRA in relation to an application for a mining lease?

If making a recommendation that a mining lease be granted in whole or in part, the LRT must take into account and consider whether:

• the provisions of this Act have been complied with; and
• the area of land applied for is mineralised or the other purposes for which the lease is sought are appropriate; and
• if the land applied for is mineralised there will be an acceptable level of development and utilisation of the mineral resources within the area applied for; and
• the land and the surface area of the land in respect of which the mining lease is sought is of an appropriate size and shape; and
• the term sought is appropriate; and
• the applicant has the necessary financial and technical capabilities to carry on mining operations under the proposed mining lease; and
• the past performance of the applicant has been satisfactory; and
• any disadvantage may result to the rights of—
  • holders of existing exploration permits or mineral development licences; or
  • existing applicants for exploration permits or mineral development licences; and
• the operations to be carried on under the authority of the proposed mining lease will conform with sound land use management; and
• there will be any adverse environmental impact caused by those operations and, if so, the extent thereof; and
• the public right and interest will be prejudiced; and
• any good reason has been shown for a refusal to grant the mining lease; and
• taking into consideration the current and prospective uses of that land, the proposed mining operation is an appropriate land use.

What are the documents and matters the LRT must consider under section 223 of the EP Act in relation to an application for an environmental authority?

• the application documents for the application;
• any relevant environmental protection policy requirement;
• the standard criteria (these are set out in the EP Act);
• each current objection;
• for a standard application—any relevant standard environmental conditions;
• any suitability report obtained for the application;
• the status of any application under the MRA for each relevant mining tenement.

The LRT recognises that not all objectors want to fully participate in the hearing process. To accommodate that, it offers objectors three options from which to choose their level of participation:

• level 1 objectors rely on their written objection and do not attend any hearings;
• level 2 objectors rely on their written objection and
  • attend the hearing but do not call evidence or cross-examine witnesses; and
  • make submissions at the end of the hearing;
• level 3 objectors rely on their written objection and
  • attend the hearing;
  • call evidence and cross-examine witnesses; and
  • make submissions at the end of the hearing.

Objectors should notify the LRT at or before the first directions hearing what level of participation they choose. Click here to access Practice Direction 5 of 2003.

As well as choosing the level of participation, groups of objectors with common interests may also choose to nominate one objector to represent them in the hearing.

Click here to access information about contested applications for mining tenures and environmental authorities.

Who pays the costs of the hearing?

As a general rule, each party to a proceeding before the LRT must bear their own costs. The LRT may order one party to pay another party’s costs if the LRT considers, in the special circumstances of the proceeding, an award of costs is appropriate. Examples of possible special circumstances include:

• the proceeding was started merely to delay or obstruct; or
• the proceeding, or part of it, has been frivolous or vexatious.

There are no additional provisions about costs in the EP Act. However, under the MRA, the LRT may award costs:

• against an applicant for a mining tenure who abandons the application or doesn’t pursue it at the hearing; or
• against an objector who withdraws an objection or doesn’t pursue it at the hearing.

In the case of the application for the environmental authority, whilst the recommendation is made to the Minister for Natural Resources, Mines & Energy, a copy is also provided to the Minister for the Environment. It is that Minister who makes the final decision on the application. Before making the decision the Minister must seek advice about the recommendation from the Minister for Natural Resources, Mines & Energy and, if it is a “significant project”, from the Minister for State Development. After receiving that advice and considering the LRT’s recommendation, the Minister can make the decision on the application for an environmental authority. The Minister can decide to refuse the application, to grant the application on the basis of the draft environmental authority or grant the application on the basis of different conditions.