The Queensland government has introduced legislation that would significantly restrict the ability of individuals and groups to object to mining projects, a move that activists say "guts" democratic rights and environmental protections. The new law, tabled by Natural Resources Minister Dale Last on Tuesday, would prevent opponents from being heard in court without the minister's approval and only then if they own property within a 125km radius of the proposed mine.
New Law 'Corrupt' and 'Tearing Up' Protections, Critics Say
The Greens have labelled the move "corrupt," while the community action group Lock the Gate Alliance accused the state's LNP government of "tearing up democratic and environmental protections just to make life easier for mining companies."
Minister Last defended the bill, stating it is "about streamlining approvals and making faster decisions." He added, "Activists based thousands of kilometres away and green groups funded by foreign overseas entities are no longer eligible to have a say. Objections received from a person or group outside the 125km boundary whose interests would not be affected will no longer be accepted."
Current Law and Proposed Changes
Under existing legislation, any objection to a mining project is automatically referred to the state's land court for independent consideration. The new bill would give the decision-maker—the resources minister for mining leases or the director-general of the environment department for environmental approvals—the discretion to decide whether an objection goes to court.
Anthony Gough, acting director of the Queensland Conservation Council, warned that this would allow the minister of the day to "pick and choose which community objections get heard in open court, and which mines get waved through without that scrutiny." He said the bill "strips community members of their right to have their objection to damaging mining projects heard in court."
Impact on Local Communities and Past Legal Battles
Gough noted that "the vast majority of objections are made by local groups and landholders to protect agricultural land as well as local bushland, native habitat or water resources." He cited the cessation of sand mining on World Heritage-listed K'Gari (Fraser Island) as a result of such objections, adding, "Queenslanders should be able to protect every inch of the state from inappropriate and invasive mining. They shouldn't be denied that right simply because they live more than 125km away from a particular mine."
The government last year cancelled a months-long review of the laws by the independent Queensland Law Reform Commission, weeks before its findings were due, replacing it with a review by a cabinet sub-committee. Minister Last told parliament that objections are "one of the biggest hindrances on project timelines and delays," and the government is "laser focused on improving approval timeframes." He cited the "debacle" of the 11-year legal battle over the New Acland coal mine expansion, which went to the high court, as evidence that "this process has to change."
A spokesperson for the Oakey Coal Action Alliance, a group of local farmers who litigated the case for 11 years, said the group had won its right to be heard at the high court. "As is evident now, King Coal also heard and had the Queensland Government change the laws so we could not win again," the spokesperson said. "What the laws are designed to do is to stop anyone who understands we are in a climate crisis from objecting to putting more CO2 in the atmosphere."
Lock the Gate Alliance national coordinator Ellen Roberts said the government is "following Campbell Newman's playbook to the letter." Queensland, which produces most of Australia's coal and has the country's second-largest mining industry, has also recently expanded objection rights for wind farm planning approvals and passed legislation permitting compulsory land acquisition for coal mining.
