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QLD Parliamentary Committee recommends alarming new FIFO regulation

THE Queensland Parliament Infrastructure, Planning and Natural Resources Committee inquiring into the state government’s planned new FIFO regulations has handed down its final report with alarming recommendations.

 Not only has the committee recommended the Strong and Sustainable Resource Communities Bill 2016 (SSRC Bill) be passed, but it recommends measures that would take the regulation and restrictions of FIFO in the state even further.

The Committee’s report recommended:

  • The proposed 100km radius for defining a ‘nearby regional community’ be omitted and discretion provided to the department’s Coordinator-General with the input of local government, unions and ‘other stakeholders’.
  • The ‘200 people or more’ threshold for defining a ‘nearby regional community’ be omitted to instead allow the department’s Coordinator-General ‘to decide.
  • That the Queensland Government consider amending the Anti-Discrimination Act 1991 (AD Act) to include location as a prohibited ground of discrimination.
  • All resource projects, regardless of size or commencement date, be covered by the new requirements (i.e. retrospective regulation).

AREEA will vigorously oppose these recommendations in representations to the state government.

In our submission to the committee, AREEA warned the execution of the SSRC Bill would have a negative impact on the perception of Queensland as a place to invest and conduct business. The following was noted;

  • The industry has maintained consistently that the SSRC Bill and the associated guideline are unnecessary, and are a potentially very damaging over-reaction to unique and isolated developments during the peak of the mining investment ‘boom’.
  • The objective of the proposed legislation (that residents of communities in the vicinity of large resource projects benefit from the operation of the projects) is already met without imposing additional legislation and regulation.
  • The SSRC Bill would simply add further regulation to this already unfavourable convergence of conditions in which Queensland is under considerable scrutiny from investors concerned about the costs, timeliness and practicality of doing business in this state / country.

“There could not be a worse time to impose the speculative, retrospective and uncertain regulation that is the SSRC Bill and Guideline,” AREEA’s submission stated.

AREEA’s submission also flagged concerns about the proposed legislation adding ‘another layer of bureaucracy, red tape, costs and delays at a time when mining companies can least afford it.’

In particular, this relates to the prescriptive requirements disclosed under section 9 of the SSRC Bill: “Requirement for owner of, or proponent for, large resource project to prepare a social impact assessment” which will add to the level of detail (regulatory red tape) when preparing an environmental impact statement (EIS), and to the costs and time necessary to navigate what is already a difficult process.

Chief executive Steve Knott says AREEA will continue to vigorously defend our members’ responsible use of FIFO and strongly opposed the Queensland Government’s proposed new regulation.

“We are highly concerned by the Committee Inquiry’s report and its recommended changes, and will be strongly advocating against the proposals in coming weeks,” he says.

To provide feedback or for further information on these policy issues, please email [email protected] or call 1800 627 771.

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