RETROSPECTIVE legislation changes that have brought Deputy Premier Jeff Seeney under fire this week are worrying for landholders already unsettled by details in a new minerals act awaiting parliamentary approval.
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According to media reports, major LNP donor Karreman Quarries has escaped prosecution after a series of retrospective amendments were made to mining legislation.
The amendments, introduced by Natural Resources Minister Andrew Cripps, have made the operation's allegedly non-compliant quarrying near the top of the Brisbane River compliant after it was questioned
by farmers near Harlin and the government's own Department of Natural Resources as worthy of investigation.
Dale Stiller, vice chairman of Property Rights Australia, said retrospective changes to legislation were a worrying sign and had put him on even higher alert with changes proposed in the Mineral and Energy Resources (Common Provisions) Bill 2014.
He said he was concerned about the complexity of the bill and said the government needed to take more time in passing such amendments.
"This bill will migrate five resource acts and this is just at stage one. It's very significant legislation and will serve the state for a very long time and how it's drafted and passed will determine whether it serves the state well or poorly," Mr Stiller said.
"We're certainly not against reforms but greater time needs to be taken to consider the legislation and get it right."
Mr Stiller said the major concern was the change to notice of objections within the Mineral and Energies Resources Common Provisions Bill 2014.
"The principles of natural justice of landholders will be severely compromised by certain provisions within the bill."
Mr Seeney deflected criticism of his decision this week, arguing Karreman Quarries had been operating for almost 20 years under a valid development approval.
"The compliance notice against Karreman, as issued under Labor's law, demonstrated that what we
had warned would happen four years prior had happened and prompted us to implement the changes that we had discussed," he said.
"The amendments we made rightfully meant that the compliance action against Karreman Quarries was inappropriate."
Mr Seeney said the compliance action confirmed his original concerns were justified.
"The amendments our government has implemented were to fix problems in the Water Act that myself and Minister Andrew Cripps publicly objected to four years ago from Opposition."
The objection was noted in the Natural Resources and Other Legislation Amendment Bill in Hansard from March, 2010, where Mr Seeney opposed changes to boundary law.
"The bill establishes a new boundary in law regardless of what may be depicted on any map and regardless of what words may be used in any grant or title.
Mr Seeney said in Hansard, March 2010: "That is a concern, because it does not pay just heed to the rights of property owners. The tidal boundary location criteria, for example, are very broad."
Mr Seeney said the concerns pre-dated the compliance notice issued against Karreman Quarries by four years. One of the largest donors to the LNP, Karreman Quarries has given $75,000 to the party over the past five years.
