Chapter 07
Personal Property
7.3 Excluded property - Queensland
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7.3.1

This and other sub sections in this Chapter are reasonably comprehensive (but not exhaustive), State by State lists of rights and licences granted under Commonwealth and State legislation that are excluded from being personal property for PPSA purposes under those laws. The list is based on legislation passed and bills introduced at the time of writing.

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7.3.2

Queensland

Queensland has passed the most comprehensive implementing legislation in the Personal Property Securities (Ancillary Provisions) Act 2010 (Qld).

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7.3.3

Under that Act the following mining-related rights, licences and tenements are excluded from being personal property in Queensland for the purposes of the PPSA:

  1. special coal mining leases under the Central Queensland Coal Associates Agreement Act 1968 (Qld);
  2. special bauxite mining leases under the Commonwealth Aluminium Corporation Pty Limited Agreement Act 1957 (Qld);
  3. geothermal exploration permits under the Geothermal Energy Act 2010 (Qld);
  4. mining tenements under the Mineral Resources Act 1989 (Qld);
  5. mining leases, mining sub-leases and mining licences under the Mount Isa Mines Limited Agreement Act 1985 (Qld);
  6. special purpose consents and tenures under the Offshore Minerals Act 1998 (Qld);
  7. “1923 Act” petroleum tenures under the Petroleum Act 1923 (Qld);
  8. petroleum authorities under the Petroleum and Gas (Production and Safety) Act 2004 (Qld);
  9. petroleum access authorities, licences, permits and pipeline licences under the Petroleum (Submerged Lands) Act 1982 (Qld); and
  10. special coal mining leases under the Thiess Peabody Coal Pty Ltd Agreement Act 1962 (Qld).

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7.3.4

The following other (non-mining) statutory rights and licences are excluded from being personal property in Queensland for the purposes of the PPSA:

  1. electricity distribution authorities, electricity generation authorities, electricity retail authorities, electricity special approvals, and electricity transmission authorities under the Electricity Act 1994 (Qld);
  2. power generation licences under the Gladstone Power Station Agreement Act 1993 (Qld);
  3. GHG (green house gas) authorities under the Greenhouse Gas Storage Act 2009 (Qld);
  4. liquor licences under the Liquor Act 1992 (Qld);
  5. gaming entitlements and gaming operating authorities under the Gaming Machine Act 1991 (Qld);
  6. gas distribution authorities and gas retail authorities under the Gas Supply Act 2003 (Qld)
  7. casino licences under the Casino Control Act 1982 (Qld)

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