Beyond critical minerals – modernising Queensland's state development projects

On 2 June 2026, the Queensland Parliament introduced the State Development and Public Works Organisation (Critical Minerals) and Other Legislation Amendment Bill 2026. While the Bill's title focuses on critical minerals, its significance extends well beyond that sector.

The Bill proposes substantial updates to the State Development and Public Works Organisation Act 1971 (Qld) (State Development Act). If enacted, the Bill would introduce new mechanisms designed to support the planning, assessment and delivery of projects considered strategically important to Queensland's economic future.

For mining, energy and infrastructure proponents, the reforms signal a clear policy objective: to position Queensland as a more attractive destination for investment by reducing duplication, improving coordination and providing greater flexibility in overcoming regulatory burden that are often considered by industry as impediments to major projects.

Importantly, despite the Bill's reference to critical minerals, the proposed reforms have the potential to apply across a much broader range of projects. Proponents should therefore view the Bill not simply as critical minerals legislation, but as a broader restructuring of Queensland's project facilitation toolkit.

This article focuses on State Strategic Projects, modification orders, compulsory acquisition, SDA-related development and other key facilitation powers. This article does not explore in detail the Bill’s reforms to infrastructure coordination plans (which introduce a new framework for the Minister to direct the coordinated planning and delivery of enabling infrastructure for major resource projects) or the environmental offsets regime (which prescribe development under an SDA approval as a new prescribed activity under the Environmental Offsets Act 2014 (Qld)).

State Strategic Projects: a new framework for projects of State significance

A central feature of the Bill is the replacement of the existing "Critical Infrastructure Project" framework with a new "State Strategic Project" designation.

The change establishes a new category of projects that the Queensland Government considers to be of State significance and provides access to a suite of facilitation powers not otherwise available.

Under new section 76EB(1), the Minister for State Development, Infrastructure and Planning may declare a prescribed project (or proposed prescribed project) to be a State Strategic Project if the Minister considers the undertaking of the project is:

• critical or essential for the State for economic, environmental or social reasons; or

• a high priority for the State because the project will, or is likely to, significantly contribute to the achievement of the Queensland Government's economic, environmental or social objectives for the State or a region.

The criteria are broad, and the Minister's satisfaction is the threshold for declaration. Notably, the Bill expressly exempts the Minister's declaration from review under the Judicial Review Act 1991 (Qld).

For proponents, this means that securing a State Strategic Project declaration is a matter of Ministerial discretion rather than an administrative decision, and once obtained, that classification cannot readily be challenged by third parties.

If a project is declared a State Strategic Project, this will enable access to several new powers introduced by the Bill, including State significance notices, modification orders, compulsory acquisition of land, entry rights for particular enabling works, and expanded strategic infrastructure easements.

The shift also reflects a broader evolution in Queensland's approach to project facilitation. The new regime is capable of providing facilitation powers to a much wider range of developments, including:

• critical minerals projects;

• mining developments;

• processing and refining facilities;

• energy infrastructure;

• transmission projects;

• industrial precincts; and

• other developments capable of delivering significant economic benefits for Queensland.

Modification orders: a new mechanism for removing regulatory barriers

Perhaps the most significant reform introduced by the Bill is the power to make “modification orders” under the new Division 3B, Part 5A. This mechanism allows a regulation to prescribe that a stated provision of an Act that would otherwise apply to a State Strategic Project does not apply, or applies with stated modifications.

In practical terms, this means that where an existing legislative requirement is considered duplicative, inappropriate for a project of the relevant kind, or would constitute an unnecessary or unreasonable impediment to the project’s progress, the Minister can recommend, and the Governor in Council can make, a regulation that displaces or modifies that requirement for the specific project.

Before recommending a modification order to the Governor in Council, the Minister must be satisfied that:

• it is in the interests of the State that decision-making proceed without unnecessary or unreasonable impediment;

• the order is necessary to prevent or reduce duplication, or to exclude or modify a process that does not provide (or does not appropriately provide) for a project of that kind;

• any detrimental environmental effects are not significant or can be dealt with under another Act, or prevented, controlled or mitigated by conditions; and

• any detrimental effect on the objects of the modified Act is not significant, or is outweighed by the benefit to the State of the project proceeding.

The Minister must also consult with the proponent, the responsible Minister for the affected Act, and any local body considered likely to be affected.

Importantly, a modification order cannot remove the requirement for key authorisations, including environmental authorities, PRCP schedules or ERC decisions, resource authorities, development approvals, cultural heritage management plans, or consents of landowners. It may, however, modify the circumstances in which those authorisations are granted, or modify the processes applying to them.

Protections for Aboriginal peoples and Torres Strait Islander peoples, bilateral Commonwealth and State environmental assessment arrangements, and State revenue provisions are also excluded from modification.

A modification order may also exclude or modify third party merit review rights in respect of decisions that approve a State Strategic Project, while preserving the proponent’s own appeal rights and the continued application of judicial review.

As modification orders are subordinate legislation, introduction of a modification order will be subject to Parliamentary scrutiny. However, this may offer proponents a potentially faster pathway through complex or outdated regulatory settings, while maintaining accountability through Parliamentary oversight.

Compulsory acquisition for State Strategic Projects

The Bill introduces a process for the Coordinator-General to acquire land for a State Strategic Project where a regulation has been made declaring this to be a purpose for which land may be taken. The power to take land for a private infrastructure facility is replaced by this process.

Under the revised process, the proponent must first obtain the Coordinator-General's endorsement (demonstrating financial and technical capability, sufficient land identification, at least six months' negotiation with the registered owner, and that acquisition is in the State interest), then make a final unconditional written offer to the owner (including payment of reasonable valuation and legal costs), before the Minister may recommend a regulation declaring the project as a purpose for which land may be taken (such regulation remaining subject to Parliamentary tabling and disallowance). The requirement for Governor in Council approval provides accountability. The Coordinator-General then acquires the land under the Acquisition of Land Act 1967 (Qld) framework, with the standard protections of notice, objection and compensation preserved for landowners.

As alluded to in the explanatory notes, introduction of this power will expand the types of projects that can access compulsory acquisition powers, meaning private proponents may be able to use the State Development Act to obtain tenure required for projects. While this may reduce the barriers proponents experience when trying to secure land for projects, it should be noted that the process set out in the Bill still contains significant procedural requirements, which carries the potential to cause risk and delay.

SDA-Related Development: extending the reach of State Development Areas

The Bill introduces the concept of “SDA-related development”, which allows the Coordinator-General to regulate development outside the boundary of a State Development Area (SDA) where certain criteria are met.

SDA-related development may be identified in an approved development scheme, or declared by the Coordinator-General by gazette notice. Such development may only be declared where the Coordinator-General is satisfied that another Act or law that regulates the development would have an adverse effect on its delivery, and either:

• the development is for infrastructure for the SDA; or

• the development is necessary or desirable to give effect to the SDA's purposes and cannot reasonably be located entirely within the SDA.

Before making a declaration, the Coordinator-General must consult with each affected local government and port authority, and make reasonable endeavours to consult with other affected entities.

Decisions on SDA-related development are not open to merit-based appeals, which may have been available had the development not been identified as SDA-related. However, judicial review remains available.

This reform is significant for proponents of projects within or adjacent to SDAs, as it provides a pathway for associated infrastructure and development to be approved under the streamlined SDA framework, even where that development physically falls outside the SDA boundary.

Other notable amendments

The Bill provides for additional methods for streamlining projects, which are summarised below.