Energy Resources Act 2000 (SA)

South Australia

Energy Resources Act 2000

An Act to regulate exploration for, and the recovery, production, transmission, storage and management of, certain energy resources, and for other purposes.

Contents

Part 1—Preliminary

Division 1—Formal

1 Short title

Division 2—Objects of Act

3 Objects

Division 3—Interpretation

4 Interpretation

Division 4—Rights of the Crown

5 Rights of the Crown

Part 2—Administration

Division 1—The Minister

6            Administration
6A          Interaction with other legislation
7           Delegation

Division 2—Authorised officers

8 Authorised officers
9 Identity cards

Division 3—Authorised investigation or survey

9A Authorised investigation or survey

Part 3—Licensing regulated activities

Division 1—Requirement for licence

10 Regulated activities
11 Requirement for licence

Division 1A—Hydraulic Fracturing

11A Moratorium on hydraulic fracturing

Division 2—Grant of licence

12          General authority to grant licence
13          Licence classes
13A         Licence is not personal property for the purposes of Commonwealth Act

Division 3—Preliminary survey licence

14 Preliminary survey licence
15 Term of preliminary survey licence

Part 4—Exploration

Division 1—Competitive tender regions

16 Minister may declare competitive tender region

Division 2—Speculative survey

17          Speculative survey licence
18          Area of speculative survey licence
19          Term of speculative survey licence
20          Consultation preceding grant or renewal of speculative survey licence

Division 3—Exploration licences

21          Exploration licences
22          Call for tenders
23          Criteria to be considered for granting exploration licence
24          Areas for which licence may be granted
25          Work program to be carried out by exploration licensee
26          Term and renewal of exploration licence
27          Production of regulated resource under exploration licence

Part 5—Retention

28          Retention licences
30          Grant of retention licence
31          Area of retention licence
32          Term of retention licence
33          Work program to be carried out by retention licensee

Part 6—Production

34          Production licences
35          Grant of production licence
36          Power to require holder of exploration licence or retention licence to apply for production licence
37          Area of production licence
38          Work program to be carried out by production licensee
39          Requirement to proceed with production
40          Term of production licence
41          Cancellation or conversion of production licence where commercial operations in abeyance
42          Unitisation of production

Part 7—Royalty

43          Royalty on regulated resources
44          Penalty for late payment
45          Recovery of royalty

Part 7A—Rental

45A         Rental payable for utilising natural reservoir for storage
45B         Rental return
45C         Penalty for late payment
45D         Recovery of rental

Part 8—Transmission pipelines

Division 1—Pipeline licence

46          Rights conferred by pipeline licence
47          Term and renewal of pipeline licence
48          Alteration of pipeline

Division 2—Access to pipeline

49 Ministerial power to require access to pipeline

Division 3—Special provisions about pipelines

50          Acquisition of land by holder of pipeline licence
51          Pipeline easements
52          Compulsory acquisition of land for pipeline
53          Pipeline to be chattel
54          Inseparability of dealings with pipeline and pipeline land
55          Resumption of pipeline
55A         Liability to council rates

Part 9—Associated activities

56          Associated activities licence
57          Area of associated activities licence
58          Term of associated activities licence
59          Relationship with other licences

Part 9A—Special facilities

59B         Special facilities licence
59D         Term of special facilities licence
59E         Relationship with other licences

Part 10—Entry to and use of land

60          Right of entry to land
61          Notice of entry on land
62          Disputed entry
63          Right to compensation
64          Right to require acquisition of land

Part 11—General provisions about licences

Division 1—General provision about applications

65 Application for licence
66 Preconditions of grant or renewal of licence

Division 2—Extent of licence exclusivity

67          Application of Division
68          Extent to which same area may be subject to different licences
69          Grant of compatible licence to area already under licence
70          Interrelationship between rights of licensees under compatible licences
71          Excision of licence areas

Division 3—Licence conditions

72          Mandatory conditions
73          Mandatory condition as to use of information etc
73A        Mandatory condition as to management system
74          Classification of activities to be conducted under licence
75          Mandatory condition about resources required for compliance with environmental obligations
76          Discretionary conditions
76A        Suspension of conditions of licence by agreement
77          Non-compliance with licence conditions

Division 4—Annual fees

78 Annual fees

Division 5—Reservoir access

79 Access to natural reservoir

Division 6—Grant, resumption etc of land

80 Grant, resumption etc of Crown and pastoral land

Division 7—Multiple licensees

81 Multiple licensees

Division 8—Consolidation and division of licence areas etc

82 Consolidation of licence areas
83 Division of licence areas

Division 9—Record keeping and reporting requirements

84          Records to be kept by licensee
85          Reporting of certain incidents
86          Information to be provided by licensee

Division 9A—Change in control of holder of licence

86AA       Interpretation
86AAB     Approval of change in control of holder of licence
86AAC     Offences

Division 10—General requirements for operations

86A Fitness for purpose assessment
87 Activities to be carried out with due care and in accordance with good industry practice

Division 11—Minister's power to carry out work

88 Ministerial direction

Division 12—Surrender, suspension or cancellation of licence

89          Surrender
90          Suspension of licence by agreement
91          Disciplinary power to suspend or cancel licence
91A         Assignment of liability or obligation of licensee on surrender or cancellation of licence

Division 12A—Extension of term or reinstatement of licence

91B Extension of term of licence
91C Reinstatement of licence

Division 13—Notice of grant etc of licence

92 Notice to be published in Gazette

Division 14—Interference with regulated activities

93 Obligation not to interfere with regulated activities

Division 15—Safety net

94 Safety net

Part 12—Environment protection

Division 1—Objects

95 Objects

Division 2—Environmental prerequisites

96 Pre-conditions of regulated activities

Division 2A—Environmental impact assessment criteria

96A Environmental impact assessment criteria

Division 3—Environmental impact report

97 Environmental impact report

Division 4—Statements of environmental objectives

99          Statement of environmental objectives
100         Content of statement of environmental objectives
101         Approval of statement of environmental objectives
102         Review of statement of environmental objectives
103A       Specially protected areas
104         Commencement of statement of environmental objectives
105         Licensee must comply with statement of environmental objectives

Division 4A—Consultation by Minister

105A Consultation by Minister on environmental impact report and statement of environmental objectives

Division 5—The environmental register

106 Environmental register
107 Environmental register to be available for inspection

Division 6—General provisions for environmental protection

108         Environmental directions
109         Rehabilitation directions
110         Application for review of direction
111         Liability for damage caused by authorised activities

Part 13—Registrable dealings

Division 1—Registrable dealings

112         Registrable dealings
113         Requirement for approval and registration of registrable dealings
114         Application for approval

Division 2—The public register

115 Public register
116 Public register to be available for inspection

Division 3—The commercial register

117 Commercial register
118 Authority to search register

Part 14—Investigation and enforcement

119         Authorised investigations
120         Powers of entry and inspection
121         Power to gather information
122         Production of records
123         Publication of results of investigation

Part 15—Reconsideration and reviews

Division 1—Application of this Part

124 Decisions etc subject to review

Division 2—Reconsideration

125         Application for reconsideration
126         Constitution of advisory committee
127         Minister's decision on application for reconsideration

Division 3—Reviews

128 Reviews

Part 16—Miscellaneous

129         False or misleading information
130         Self‑incrimination
130A       Avoidance of duplication of procedures etc
131         Saving of powers with respect to Crown land etc
132         Charge on property if debt due to Crown
133         Proof of administrative acts
134         Extension of time limits
135         Disclosure of information
136         Administrative penalties
137Preservation of rights under Cooper Basin (Ratification) Act 1975
138         Regulations and fee notices

Schedule—Transitional provisions

2            Continuation of licences
3            Preservation of operation of the repealed Act for certain purposes
4            Limitation on certain rights
5            Environmental assessments
6            Statements of environmental objectives
7           Presumptive classification of activities
8            Non-application of certain provisions to certain pipelines

Legislative history

The Parliament of South Australia enacts as follows:

Part 1—Preliminary
Division 1—Formal
1—Short title
This Act may be cited as the Energy Resources Act 2000.

Division 2—Objects of Act
3—Objects
The objects of this Act are—
(a)to establish an effective, efficient and flexible regulatory scheme to enable the exploration for, and the recovery, production, transmission, storage and management of, energy resources that encourages and maintains an appropriate level of competition; and
(b)to ensure that energy rights and resources are managed for the benefit of the State; and
(c)to ensure that the exploration for, and the recovery, production, transmission, storage and management of, energy resources is carried out safely and is ecologically sustainable; and
(d)to ensure that regulated activities that may have adverse effects on the environment—
(i)are properly managed to reduce environmental damage; and

(ii)are carried out in a way that eliminates or limits the risk of significant long term environmental damage; and

(e)to ensure as far as reasonably practicable, security of supply for users of natural gas; and
(f)to ensure that land adversely affected by regulated activities is properly rehabilitated; and
(g)to establish appropriate consultative processes with people directly affected by regulated activities including Aboriginal people and the public generally; and
(h)to protect the public from risks inherent in regulated activities.

Division 3—Interpretation
4—Interpretation

In this Act, unless the contrary intention appears—
Adelaide Dolphin Sanctuary has the same meaning as in the Adelaide Dolphin Sanctuary Act 2005;
administrative penalty—see section 136;
approved form means a form approved by the Minister;
associated facilities—see section 56(2);
authorised activity means a regulated activity authorised by a licence;
authorised officer means a person appointed as an authorised officer under section 8;
competitive tender region means a part of the State designated as a competitive tender region under section 16;
department means the department of the Public Service assigned to assist the Minister in the administration of this Act;
discretionary condition of a licence means a condition that is imposed at the discretion of the Minister under this Act;
easement includes the statutory easement under the Natural Gas Authority Act 1967;
energy resource means—
(a)a regulated substance; or
(b)a regulated resource; or
(c)a resource reasonably necessary for, or incidental to, undertaking a regulated activity;
environment includes—
(a)land, air, water (including both surface and underground water and sea water), organisms, ecosystems, flora and fauna; and
(b)buildings, structures and other forms of infrastructure and cultural artefacts; and
(c)existing and potential land use; and
(d)public health, safety or amenity; and
(e)the heritage, aesthetic or cultural values of an area; and
(f)the economic or social impact on an area;
ERD Court means the Environment, Resources and Development Court;
facility means any of the following that are reasonably necessary for, or incidental to, undertaking a regulated activity:
(a)a pipeline or flowline;
(b)a road or access track;
(c)a borrow pit for construction purposes;
(d)any equipment to be used in undertaking a regulated activity (including production testing equipment);
(e)a water disposal pond;
(f)a well;
(g)an airstrip;
(h)a power line;
(i)telecommunications infrastructure, other than mobile telecommunications equipment;
(j)permanent fencing;
(k)drilling and well intervention equipment;
(l)a camp;
(m)any other thing brought within the ambit of this definition by the regulations,
but does not include any thing excluded from the ambit of this definition by the regulations;
former licensee includes a person who held a licence under the repealed Act;
geothermal energy means thermal energy contained in subsurface rock or other subterranean substances;
GST means the tax payable under the GST law;
GST component means a component attributable to a liability to GST;
GST law means—
(a)A New Tax System (Goods and Services Tax) Act 1999 (Cwth); and
(b)the related legislation of the Commonwealth dealing with the imposition of a tax on the supply of goods and services;
joint venture includes a partnership;
land includes an estate or interest in land or right in respect of land;
leading performance criteria means criteria used to give an early warning that a control or other strategy necessary for compliance with a statement of environmental objectives—
(a)is absent; or
(b)may fail or be failing;
licence means—
(a)a speculative survey licence; or
(b)an exploration licence (in any of its 4 categories—see section 21); or
(c)a retention licence (in any of its 4 categories—see section 28); or
(d)a production licence (in any of its 4 categories—see section 34); or
(e)a preliminary survey licence; or
(f)a pipeline licence; or
(g)an associated activities licence; or
(h)a special facilities licence;
mandatory condition of a licence means a condition that must be imposed under a provision of this Act;
marine park has the same meaning as in the Marine Parks Act 2007;
Murray-Darling Basin has the same meaning as in the Murray-Darling Basin Act 1993;
natural gas means petroleum that is, or would be, gaseous, at Standard Temperature and Pressure;
natural reservoir means a part of a geological structure (including one that has been artificially modified)—
(a)in which a regulated substance has accumulated; or
(b)which is suitable for the storage of a regulated substance;
owner of land means each of the following (insofar as may be relevant in the circumstances of the particular case):
(a)a person who holds an estate in fee simple in the land;
(b)a person who holds a lease or licence over the land issued by the Crown;
(c)a person who is in possession of the land under a lease registered in the Lands Titles Registration Office or deposited in the General Registry Office and noted against the land;
(d)a person who has, by statute, the care, control or management of the land;
(e)a person who holds a tenement over or in relation to the land (including in relation to a stratum of the land), other than a speculative survey licence or a preliminary survey licence;
(ea)a person who holds a licence under the Hydrogen and Renewable Energy Act 2023;
(f)without limiting a preceding paragraph, a person in actual possession of the land under a right of exclusive possession;
(g)a person who—
(i)holds native title in the land; or
(ii)is the registered representative of claimants to native title within the meaning of the Native Title (South Australia) Act 1994,
(with these subparagraphs being in the alternative);
(h)a person of a class brought within the ambit of this definition by the regulations;
petroleum means a naturally occurring substance consisting of a hydrocarbon or mixture of hydrocarbons in gaseous, liquid or solid state but does not include coal or shale unless occurring in circumstances in which the use of techniques for coal seam methane production or in situ gasification would be appropriate or unless constituting a product of coal gasification (whether produced below or above the ground) for the purposes of the production of synthetic petroleum;
pipeline means a pipe or system of pipes for conveying a regulated substance from place to place and includes—
(a)tanks, machinery and equipment necessary for, or associated with, its operation; and
(b)a part of a pipeline;
pipeline land means an interest in land (including an easement) acquired for the construction, maintenance or operation of a transmission pipeline;
private land means land alienated from the Crown by the grant of an estate in fee simple or a possessory interest conferring a right to exclusive possession of the land;
producing a regulated resource means—
(a)in the case of geothermal energy—releasing geothermal energy for an industrial or commercial purpose; and
(b)in the case of a natural reservoir—using the natural reservoir for the storage of a regulated substance;
producing a regulated substance means recovering or releasing a regulated substance from a natural reservoir in which it has been contained in the course, or as a result, of operations carried out by a person (and production is taken to occur when it reaches ground level);
prospectivity of an area means its potential for the discovery of regulated resources;
public land means any land that is not private land;
record includes the following:
(a)a document;
(b)geological samples;
(c)samples of water or a regulated substance;
regulated activity—see section 10;
regulated resource means—
(a)a naturally occurring underground accumulation of a regulated substance; or
(b)a source of geothermal energy; or
(c)a natural reservoir; or
(d)any other thing brought within the ambit of this definition by the regulations;
regulated substance means—
(a)petroleum; or
(b)hydrogen sulphide; or
(ba)hydrogen, including a hydrogen compound or other substance that is a by‑product of the creation of hydrogen; or
(c)nitrogen; or
(d)helium; or
(e)carbon dioxide; or
(ea)any other substance that naturally occurs in association with petroleum; or
(f)any substance declared by regulation to be a substance to which this Act applies;
relevant Act means—
(a)in relation to the Adelaide Dolphin Sanctuary—the Adelaide Dolphin Sanctuary Act 2005; or
(b)in relation to a marine park—the Marine Parks Act 2007; or
(c)in relation to a River Murray Protection Area or the Murray‑Darling Basin—the River Murray Act 2003;
relevant court means—
(a)where the amount or value of the claim to which the proceedings relate is $150 000 or less—the Warden's Court; or
(b)in any other case—the Supreme Court;
relevant Minister means—
(a)in relation to the Adelaide Dolphin Sanctuary—the Minister to whom the administration of the Adelaide Dolphin Sanctuary Act 2005 is committed; or
(b)in relation to a marine park—the Minister to whom the administration of the Marine Parks Act 2007 is committed; or
(c)in relation to a River Murray Protection Area or the Murray‑Darling Basin—the Minister to whom the administration of the River Murray Act 2003 is committed;
repealed Act means the Petroleum Act 1940;
River Murray Protection Area means a River Murray Protection Area under the River Murray Act 2003;
specially protected area means—
(a)the Adelaide Dolphin Sanctuary; or
(b)a marine park; or
(c)a River Murray Protection Area;
tenement means a lease, licence or other right relating to exploration for, or the production, recovery, management, conveyance, processing or delivery of, minerals or regulated resources (as the case requires) under any of the following:
(a)this Act;
(b)the Mining Act 1971 or the Opal Mining Act 1995;
(c)the Cooper Basin (Ratification) Act 1975, the Roxby Downs (Indenture Ratification) Act 1982 or the Stony Point (Liquids Project) Ratification Act 1981;
(d)any other Act brought within the ambit of this definition by the regulations;
transmission pipeline means a pipeline for conveying a regulated substance from place to place, but does not include—
(a)a pipeline located within the site of an industrial plant; or
(b)a pipeline that forms part of a gas distribution system within a city, town or other centre of population or industry; or
(c)if a pipeline extends beyond State boundaries—the parts of the pipeline located outside the State; or
(d)a pipeline of a kind excluded from the ambit of this definition by the regulations.

A reference in this Act to a regulated substance extends to a mixture of substances of which the regulated substance is a constituent part.
For the purposes of this Act, the storage of a regulated substance may include circumstances where it is intended that the regulated substance be held indefinitely in a natural reservoir.

Division 4—Rights of the Crown
5—Rights of the Crown

The property in regulated resources is vested (or continues to be vested) in the Crown.
On the production of a regulated substance by a person lawfully entitled to produce the regulated substance, it becomes the property of the person who produced it.
The property in a regulated substance placed in a natural reservoir for storage purposes (after being produced or acquired in some other way) is not affected by that placing or storage.

Part 2—Administration
Division 1—The Minister
6—Administration
The Minister has the general administration of this Act.
6A—Interaction with other legislation
The Minister must, in acting in the administration of this Act, take into account the following insofar as they may be relevant:
(a)the objects and objectives of the Adelaide Dolphin Sanctuary Act 2005;
(b)the objects of the Marine Parks Act 2007;
(c)the objects of the Landscape South Australia Act 2019;
(d)the objects of the River Murray Act 2003 and the Objectives for a Healthy River Murray under that Act.

7—Delegation

The Minister may—
(a)delegate any of the Minister's powers or functions under this Act to a specified person, or a person holding or acting in a specified office or position; or
(b)vary or revoke a delegation under this section.

(1a)The Treasurer may—
(a)delegate any of the Treasurer's powers or functions under this Act to a specified person, or a person holding or acting in a specified office or position; or
(b)vary or revoke a delegation under this section.

If the terms of an instrument of delegation allow for subdelegation, the delegate may subdelegate the power or function in accordance with the instrument.
A delegation or subdelegation does not prevent the exercise of a delegated power or function by the delegator.
Notice of a delegation or subdelegation, or the variation or revocation of a delegation or subdelegation, under this section is to be published in the Gazette.

Division 2—Authorised officers
8—Authorised officers

The Minister may, by instrument in writing, appoint a person to be an authorised officer under this Act.
An appointment under this section may be subject to conditions set out in the instrument of appointment.
Without limiting this section, a person appointed as an inspector under the Work Health and Safety Act 2012 will be taken to have been appointed as an authorised officer under this section.

9—Identity cards

Subject to subsection (3), the Minister must issue to each authorised officer an identity card—
(a)stating the name of the authorised officer; and
(b)containing a photograph of the authorised officer; and
(c)stating that the person whose name and photograph appear on the card is an authorised officer for this Act.
If an authorised officer proposes to exercise powers under this Act against a person, the authorised officer must, if practicable, produce the identity card for inspection.
If an authorised officer is an inspector under the Work Health and Safety Act 2012—
(a)the Minister is not required to issue an identity card to the inspector; and
(b)for the purposes of subsection (2), a reference to an identity card will be taken to include an identity card issued to the inspector under section 157 of that Act.

Division 3—Authorised investigation or survey
9A—Authorised investigation or survey

Subject to this section, an authorised person may, for the purpose of making any geological, geophysical or geochemical investigation or survey—
(a)enter and remain on any land with such assistants, vehicles and equipment as may be necessary or expedient for the purposes of the investigation or survey; and
(b)conduct such an investigation or survey on the land; and
(c)take, and remove from the land, any geological specimens or samples.
An authorised person must not undertake an investigation or survey under this section unless the authorised person has, at least 14 days before entering the land, given written notice, in a manner and form determined by the Minister, to the owner of land and any licensee in respect of an area of land in which the investigation or survey will be undertaken—
(a)describing the area of land in which the investigation or survey will be undertaken; and
(b)setting a completion date in respect of the investigation or survey.
An authorised person—
(a)must not recover from any land more material than is reasonably necessary for the purpose of making the relevant investigation or survey; and
(b)must not unnecessarily impede or obstruct the lawful use or enjoyment of any land by an owner of the land; and
(c)if the authorised person is not the Minister—must provide the Minister with the results of the investigation or survey conducted by the person in a manner, and within a period, specified by the Minister in the notice of authorisation.
The Minister must, at least 14 days before an authorised person undertakes an investigation or survey under this section, by notice in the Gazette—
(a)describe the area of land in which the investigation or survey will be undertaken; and
(b)set a completion date in respect of the investigation or survey.
The Minister may vary the completion date set under subsection (4)(b) by further notice in the Gazette, and must notify the owner of land and any licensee in respect of the area of land in which the investigation or survey is being undertaken of the varied completion date.
The Minister may refuse to receive and consider an application for a licence under this Act in respect of the land described in a notice under subsection (4) until the completion date set by the Minister.
The Minister may publish, in a manner the Minister thinks fit, the results of an investigation or survey made under this section.
A person must not, without reasonable excuse, hinder or obstruct a person exercising a power under this section.
Maximum penalty: $20 000 or imprisonment for 6 months.
In this section—
authorised person means a person authorised by the Minister by notice in the Gazette to undertake an investigation or survey under subsection (1).

Part 3—Licensing regulated activities
Division 1—Requirement for licence
10—Regulated activities

Subject to subsection (2), the following are regulated activities:
(a)exploring for a regulated resource;
(b)operations to establish the nature and extent of a discovery of a regulated resource, and to establish the commercial feasibility of production and the appropriate production techniques;
(c)producing or processing a regulated substance;
(d)utilising a natural reservoir to store a regulated substance (including in a case where a trace element naturally occurs with the regulated substance);
(e)producing geothermal energy;
(f)producing or generating energy from a source of geothermal energy;
(g)constructing, operating, maintaining, modifying or decommissioning a transmission pipeline;
(h)activities for the rehabilitation of land on account of the impact of activities under a preceding paragraph;
(i)any other activity brought within the ambit of this definition by the regulations;
The following are not regulated activities:
(a)an authorised investigation or survey under section 9A;
(b)exploratory operations conducted at a height of 500m or more above the surface of the ground;
(c)producing hydrogen—
(i)by means of natural gas reformation; or
(ii)by means of electrolysis of water;
(d)processing petroleum into a refined petroleum product such as motor fuel, diesel or lubricating oils;
(e)processing a regulated substance into urea, ammonia or a synthetic polymer.
A reference to a regulated activity includes all operations and activities reasonably necessary for, or incidental to, that activity such as (for example)—
(a)physical and geophysical surveys of land (other than as authorised under section 9A);
(c)the injection of water or some other substance into a natural reservoir in order to enhance production of a regulated substance;
(d)forcing water or some other substance through a source of geothermal energy in order to absorb thermal energy and enable its recovery or utilisation at the surface;
(e)the processing of substances recovered from a well;
(f)constructing, operating, maintaining, modifying or decommissioning a facility;
(i)water disposal.

11—Requirement for licence
A person must not engage in a regulated activity unless the activity is authorised under this Act.
Maximum penalty: $120 000.

Division 1A—Hydraulic Fracturing
11A—Moratorium on hydraulic fracturing

Despite any other provision of this Act, the Minister must not, during the prescribed period, grant a licence under this Act that authorises the carrying out of hydraulic fracturing within the designated area.
A condition of a licence that purports to authorise the carrying out of hydraulic fracturing will be taken to be void and of no effect.

(3)Subsection (2) applies to a licence granted before or after the commencement of this section.

No compensation is payable by or on behalf of the Crown, the Minister or any other person in connection with the operation of this section.
In this section—
designated area means the area comprised of the following council areas:
(a)the area of the City of Mount Gambier;
(b)the area of the District Council of Grant;
(c)the area of the Kingston District Council;
(d)the area of the Naracoorte Lucindale Council;
(e)the area of The District Council of Robe;
(f)the area of The Tatiara District Council;
(g)the area of the Wattle Range Council;
hydraulic fracturing means the high‑pressure injection of a substance or a combination of substances into a wellbore so as to create, or that is likely to create, fractures in rocks or rock formations;
prescribed period means the period beginning on the commencement of this section and ending on the tenth anniversary of that commencement;
wellbore includes a reference to a hole, tunnel or well drilled into the ground to aid in the exploration and recovery of natural resources.

Division 2—Grant of licence
12—General authority to grant licence

The Minister may, subject to this Act, grant a licence.
If an application for the grant or renewal of a licence relates to an area within or adjacent to a specially protected area, the Minister must, before making his or her decision on the application, refer the application to the relevant Minister and consult with the relevant Minister in relation to the matter.
If an application for the grant or renewal of a licence is referred to a relevant Minister and the Minister to whom the administration of this Act is committed and the relevant Minister cannot agree—
(a)on whether a licence should be granted or renewed; or
(b)if a licence is granted or renewed, on the conditions to which the licence should be subject,
the Ministers must take steps to refer the matter to the Governor and the Governor will determine the matter (and any decision taken by the Governor will be taken to be a decision of the Minister under this Act).

13—Licence classes
Licences are of the following classes:
(a)preliminary survey licence; and
(b)speculative survey licence; and
(c)exploration licence (with 4 categories of licence under this Act); and
(d)retention licence (with 4 categories of licence under this Act); and
(e)production licence (with 4 categories of licence under this Act); and
(f)pipeline licence; and
(g)associated activities licence; and
(h)special facilities licence.

13A—Licence is not personal property for the purposes of Commonwealth Act
A licence is not personal property for the purposes of the Personal Property Securities Act 2009 of the Commonwealth.

Division 3—Preliminary survey licence
14—Preliminary survey licence

A preliminary survey licence authorises the licensee to carry out a survey, environmental evaluation, or other form of assessment preparatory to the carrying out of regulated activities on land.
A preliminary survey licence may authorise incidental matters such as (for example) marking out the proposed route of a pipeline on land.
The rights conferred on the holder of a preliminary survey licence are not exclusive.
The Minister may, on application by a licensee holding a preliminary survey licence, approve the variation of the area to which the licence relates.

15—Term of preliminary survey licence

The term of a preliminary survey licence is 1 year.
A preliminary survey licence may be renewed from time to time for a further term.

Part 4—Exploration
Division 1—Competitive tender regions
16—Minister may declare competitive tender region

The Minister may, by notice in the Gazette, declare the whole or an area of the State specified in the notice as a competitive tender region in respect of exploration for energy resources.
A declaration under subsection (1)—
(a)must specify the energy resource in relation to which the competitive tender region is to be declared; and
(b)must specify whether the declaration is in respect of the whole State or a designated area specified in the notice; and
(c)has effect from the day or for the period specified in the notice.
If a declaration of a competitive tender region under this section is in force—
(a)an application for an exploration licence for an energy resource specified in the declaration in respect of the declared area must not be made except in response to a call for tenders under section 22; and
(b)a right of exploration must not be granted for exploration for an energy resource not specified in the declaration in respect of the declared area.

Division 2—Speculative survey
17—Speculative survey licence

A speculative survey licence authorises the licensee to carry out exploratory operations of the kind specified in the licence in the licence area.
A speculative survey licence cannot authorise drilling beyond a depth of 300 metres.
The right to carry out exploratory operations conferred by a speculative survey licence is not an exclusive right.

18—Area of speculative survey licence

A speculative survey licence may be granted for 1 or more separate areas.
However, the total area of a speculative survey licence cannot exceed 10 000 km2.

19—Term of speculative survey licence

The term of a speculative survey licence is 1 year.
A speculative survey licence may be renewed, from time to time, for a further term.

20—Consultation preceding grant or renewal of speculative survey licence
Before a speculative survey licence is granted or renewed over the area, or part of the area, of an existing licence, the applicant for the speculative survey licence must—
(a)consult with the existing licensee and seek to reach agreement on the activities to be carried out under the speculative survey licence on the area that is to be subject to both licences; and
(b)inform the Minister of the result of the consultation.

Division 3—Exploration licences
21—Exploration licences

There will be 4 categories of exploration licence:
(a)a petroleum exploration licence;
(b)a geothermal exploration licence;
(c)a gas storage exploration licence;
(d)a regulated substance exploration licence.
An exploration licence authorises subject to its terms the licensee to carry out in the licence area—
(a)exploratory operations for energy resources of the kind specified in the licence; and
(b)with respect to the energy resources so specified—operations—
(i)to establish the nature and extent of a discovery of regulated resources;
(ii)to establish the feasibility of production and appropriate production techniques.
A licensee who holds an exploration licence is entitled, subject to this Act, to the grant of a corresponding retention licence or a corresponding production licence for an energy resource discovered in the licence area.

22—Call for tenders

If an exploration licence is to be granted for an area within a competitive tender region, the Minister must call for tenders for an exploration licence of the relevant category (taking into account the regulated resources with respect to which the region has been declared).
The Minister has a discretion to call for tenders for an exploration licence in other cases.
A call for tenders is made by notice published in the Gazette inviting applications for the grant of an exploration licence of the relevant category for an area specified in the notice.
The notice—
(a)must specify a period within which applications are to be made; and
(b)must state the criteria by reference to which applications are to be evaluated; and
(c)may include information about any special terms and conditions subject to which the exploration licence is to be granted; and
(d)may include other information the Minister considers appropriate.
The selection of an applicant is not complete until the applicant executes the licence.
On the selection of a successful applicant from among those who apply in response to an advertisement under this section, the Minister must—
(a)publish in the Gazette a statement of the basis for the selection of the successful applicant, including the successful applicant's proposed work program; and
(b)give any unsuccessful applicant written notice of the reasons for the rejection of the application.

23—Criteria to be considered for granting exploration licence
In considering an application for the grant of an exploration licence, the Minister must have regard to—
(a)the suitability of applicant's proposed work program for evaluating the prospectivity of the licence area and discovering regulated resources; and
(b)the adequacy of the applicant's technical and financial resources; and
(c)if applications have been invited for the licence by public advertisement—the stated criteria for evaluation of the applications.

24—Areas for which licence may be granted

An exploration licence may be granted for 1 or more separate areas.
However, the total licence area cannot exceed—
(a)in the case of a gas storage exploration licence—2 500 km2;
(b)in the case of a geothermal exploration licence—3 000 km2;
(c)in the case of a petroleum exploration licence or a regulated substance exploration licence—10 000 km2.

25—Work program to be carried out by exploration licensee

It is a mandatory condition of an exploration licence that the licensee must carry out work in the licence area in accordance with a work program approved by the Minister.
A proposed work program is to be submitted for the Minister's approval with an application for the grant or renewal of an exploration licence.
The Minister may approve the proposed work program with or without addition or variation.
The Minister may approve deferment, variation or reduction of the work to the carried out under an approved work program.

(4a)However, Ministerial approval is not required for the acceleration of the work to be carried out under an approved work program.

If a licence was granted on the basis of competitive tender, the Minister—
(a)must, before approving deferment, variation or reduction of the work to be carried out under an approved work program—have regard to work programs proposed by other applicants for the licence; and
(b)must publish in the Gazette notice of the approval stating the effect of the approval.

The Minister may, as a condition of approving the reduction or deferment of work under subsection (4), require the licensee to relinquish a specified portion of the licence area.

26—Term and renewal of exploration licence

The term of an exploration licence is 5 years or such term of less than 5 years as specified by the Minister in a particular case.
An exploration licence may be granted on terms under which the licence is to be renewable for a further term or 2 further terms (as specified by the Minister at the time of the grant of the licence).
Subject to a succeeding subsection, a licence that is renewable for one further term must provide for the excision, on renewal, of an area equal to at least 50% of the original licence area and a licence that is renewable for 2 further terms must provide for the excision, on each renewal, of an area equal to at least 33⅓% of the original licence area.
The area to be excised is to be determined by the Minister—
(a)if the licensee puts a proposal to the Minister in the application for renewal of the licence and the Minister accepts the proposal—on the basis of that proposal; or
(b)in any other case—after the Minister has put a proposal to the licensee and has considered any representations made by the licensee within 14 days after notice of the proposal is given to the licensee.
The Minister must accept the licensee's proposal under subsection (4)(a) if it reasonably allows for the grant of new exploration licences over the area or areas to be excised.

(5a)Subsections (3), (4) and (5) do not apply in relation to a gas storage exploration licence.
(5b)The area to be subject to an excision under subsection (3) will be reduced by an amount equal to the area of any production licence or retention licence granted during the immediately preceding term of the exploration licence.

When a licence falls due for renewal, the licensee, if not in default under the licence, is entitled to the renewal of the licence in accordance with the terms of the licence.

27—Production of regulated resource under exploration licence

The holder of a petroleum exploration licence or a regulated substance exploration licence may produce a regulated substance from a well in the licence area for the purpose of establishing the nature and extent of a discovery.

(1a)The holder of a geothermal exploration licence may produce geothermal energy from a well in the licence area for the purpose of establishing the nature and extent of a discovery.

However, the licensee must not produce a regulated resource from a well for more than 10 days in aggregate without the Minister's approval.
Maximum penalty: $20 000.

(2a)The holder of a gas storage exploration licence may place a regulated substance in a natural reservoir for the purpose of establishing the suitability of the natural reservoir for storage purposes.

The Minister may grant an approval under this section on conditions the Minister considers appropriate.

Part 5—Retention
28—Retention licences

There will be 4 categories of retention licence:
(a)a petroleum retention licence;
(b)a geothermal retention licence;
(c)a gas storage retention licence;
(d)a regulated substance retention licence.
A retention licence protects the interests of the licensee in a regulated resource of the kind relevant to the category of the licence for a reasonable period in connection with 1 or more of the following purposes:
(a)to facilitate—
(i)proper evaluation of the productive potential of a discovery that has been made by the licensee; or
(ii)carrying out the work necessary to bring the discovery to commercial production; or
(iii)without limiting a preceding subparagraph, in the case of a gas storage retention licence—the testing of the natural reservoir for the storage of a regulated substance;
(b)without limiting paragraph (a), to provide a means by which the licensee may maintain an interest in a regulated resource until production is commercially feasible (subject to limits and conditions under this Act);
(c)to facilitate other activities considered appropriate by the Minister.
Accordingly, a retention licence authorises the licensee to carry out in the licence area (according to the terms of the licence)—
(a)operations to establish the nature and extent of a discovery of regulated resources; and
(b)operations to establish the commercial feasibility of production and appropriate production techniques; and
(c)other regulated activities specified in the licence.

30—Grant of retention licence

Subject to this Act, a person is, on application, entitled to the grant of a petroleum retention licence, a regulated substance retention licence or a geothermal retention licence in respect of a discovery of a relevant resource if—
(a)a regulated resource has been discovered in the area for which the retention licence is to be granted and the existence of the regulated resource has been demonstrated by the drilling of at least one well; and
(b)the person holds, or held at the time of the application for the retention licence, an exploration licence or a production licence over the area for which the retention licence is to be granted; and
(c)the exploration licence or production licence authorised exploration for or production of a regulated resource of the relevant kind; and
(d)the Minister is satisfied that production of the regulated resource is not currently commercially feasible, but is more likely than not to become commercially feasible within 15 years.

(1a)Subject to this Act, a person is, on application, entitled to the grant of a gas storage retention licence in respect of a natural reservoir if the Minister is satisfied as to 1 or both of the following:
(a)that it is reasonable to facilitate the testing of the natural reservoir for the storage of a regulated substance;
(b)that the use of the natural reservoir for the storage of a regulated substance is not currently commercially feasible or reasonable (including by virtue of the fact that production of a regulated substance from a related area is not currently commercially feasible).

If the holder of an exploration or production licence is in default under the terms of the licence, the Minister may decline to grant a retention licence until the default is remedied.

31—Area of retention licence

The area of a petroleum retention licence or regulated substance retention licence must not exceed—
(a)twice the area under which (according to a reasonable estimate at the time when the licence was granted or last renewed) the discovery is likely to extend; or
(b)10 000 km²,
whichever is the lesser.
The area of a geothermal retention licence or gas storage retention licence must not exceed 1 000 km2.

32—Term of retention licence

The term of a retention licence is 5 years or such term of less than 5 years as specified by the Minister in a particular case.
A retention licence may be renewed from time to time for a further term but only if the Minister is satisfied that production is not currently commercially feasible but is more likely than not to become commercially feasible within the next 15 years.
However, in the case of a gas storage retention licence it is unnecessary to be satisfied as to the 15 year period referred to in subsection (2) unless the Minister assesses or determines that the natural reservoir is more likely than not to be used in connection with the production of petroleum.

(4)Subsection (3) does not derogate from the operation of section 36 or 79.
33—Work program to be carried out by retention licensee

A retention licence may include a mandatory condition requiring the licensee to carry out work, in accordance with a work program approved by the Minister, for either or both of the following purposes:
(a)to establish the nature and extent of a discovery of regulated resources;
(b)to establish the commercial feasibility of production and appropriate production techniques.
A work program to be carried out under the licence must, if the Minister so requires, be submitted with the application for the licence and from time to time as required under the conditions of the licence.
The Minister may approve a proposed work program with or without addition or variation.
The Minister may, on application by a licensee—
(a)approve deferment of the work to be carried out under an approved work program; and
(b)approve variation of the work program by substitution for work previously programmed of work that is, in the Minister's opinion, of equal or greater value.
To avoid doubt, Ministerial approval is not required for the acceleration of work to be carried out under an approved work program.

Part 6—Production
34—Production licences

There will be 4 categories of production licence:
(a)a petroleum production licence;
(b)a geothermal production licence;
(c)a gas storage licence;
(d)a regulated substance production licence.
A petroleum production licence authorises, subject to its terms—
(a)operations for the recovery of petroleum or some other regulated substance from the ground including—
(i)operations involving the injection of petroleum or another substance into a natural reservoir for the recovery (or enhanced recovery) of petroleum or another regulated substance; and
(ii)if the licence so provides—the extraction of petroleum or another regulated substance by an artificial means such as in situ gasification or the techniques used to recover coal seam methane;
(b)operations for the processing of regulated substances;
(c)operations for the storage or withdrawal of petroleum or some other regulated substance for the prudent supply or delivery of the petroleum or other regulated substance to the market.
A geothermal production licence authorises, subject to its terms, operations for the extraction or release of geothermal energy.
A gas storage licence authorises, subject to its terms—
(a)operations for the use of a natural reservoir for the storage of a regulated substance; and
(b)operations for the withdrawal of that substance from a natural reservoir.

(4a)A regulated substance production licence authorises, subject to its terms, operations of a kind prescribed by the regulations associated with the production of a regulated substance.

A production licence also authorises (subject to its terms) the licensee to carry out other regulated activities within the licence area.

35—Grant of production licence

Subject to this Act, a person is, on application, entitled to the grant of a production licence for the production of a regulated resource of a particular kind if—
(a)a regulated resource exists in the area for which the production licence is to be granted; and
(b)the person holds, or held at the time of the application for the production licence—
(i)an exploration licence or a retention licence over the area for which the production licence is to be granted; or
(ii)a mineral tenement under the Mining Act 1971 over the area for which the production licence is to be granted; and
(c)—
(i)in a case where paragraph (b)(i) applies—the exploration licence authorised exploration for a regulated resource of the relevant kind or the retention licence was granted for a regulated resource of the relevant kind;
(ii)in a case where paragraph (b)(ii) applies—the mineral tenement authorised operations for exploration for or the recovery of coal and the production licence is to be granted for in situ gasification or coal seam methane production (and other related activities as the Minister considers appropriate); and
(d)production is currently commercially feasible or is more likely than not to become commercially feasible within the next 24 months.
If the holder of an exploration or retention licence is in default under the terms of the licence, the Minister may decline to grant a production licence until the default is remedied.
If—
(a)the Minister is satisfied that—
(i)a regulated resource exists in a particular area; and
(ii)production is currently commercially feasible or is more likely than not to become commercially feasible within the next 24 months; but
(b)there is no person who is currently entitled to the grant of a production licence under subsection (1),
the Minister may call for tenders for the grant of a production licence and grant a production licence to the applicant who submits the successful tender.

(3a)Subsection (3) does not apply if the Minister has entered into a safety net agreement under section 94 in relation to a production licence in respect of a regulated resource in the particular area referred to in subsection (3)(a)(i).
(4)Subsections (1)(b) and (c) do not apply if the application is for a gas storage licence.

If a person applies for a gas storage licence that is within the area of an existing production licence (the first application), the Minister must—
(a)as soon as practicable after receiving the first application, give written notice of the application to the holder of the existing production licence; and
(b)if the holder of the existing production licence applies for a gas storage licence within the area of their licence within a period (which must be at least 6 months) specified by the Minister in the notice given under paragraph (a)—consider the application made by the holder of the existing production licence before considering the first application.

36—Power to require holder of exploration licence or retention licence to apply for production licence

The Minister may, after consultation with the holder of an exploration licence or a retention licence, give a written notice to the holder stating that—
(a)production of a regulated resource is, in the Minister's opinion, currently commercially feasible within the whole or a specified part of the licence area; and
(b)the holder of the licence should apply for a production licence of the relevant category for the relevant area within a period (which must be at least 6 months) stated in the notice.
If the holder of the licence does not apply for a production licence for the relevant area within the time stipulated in the notice, the Minister may—
(a)excise the relevant area from the exploration or retention licence; and
(b)call for tenders for the grant a production licence for the relevant area; and
(c)grant a production licence to the applicant who submits the successful tender.

37—Area of production licence

The area of a petroleum production licence or regulated substance production licence must not exceed either of the following limits:
(a)twice the area under which (according to a reasonable estimate at the time of granting the licence) the discovery is more likely than not to extend;
(b)100 km2.
The area of a geothermal production licence or gas storage licence must not exceed 1 000 km2.

38—Work program to be carried out by production licensee

A production licence may include a condition requiring the licensee to carry out work—
(a)for the development of the licence area; and
(b)for the production of regulated resources,
in accordance with a work program approved by the Minister.
If a production licence includes such a condition, a proposed work program must be submitted for the Minister's approval from time to time as required under the relevant licence condition.
The Minister may approve a proposed work program with or without addition or variation.
The Minister may, on application by the licensee, vary an approved work program.
However, Ministerial approval is not required for the acceleration of the work to be carried out under an approved work program.

39—Requirement to proceed with production

The holder of a production licence must, subject to this Act, proceed with operations for production of the relevant regulated resources—
(a)with due diligence; and
(b)in accordance with the conditions of the licence.
Maximum penalty: $60 000.
If operations for production of the relevant regulated resource have not commenced within 24 months after the grant of the production licence, the Minister may, by written notice given to the holder of the licence, require the holder of the licence to commence the operations.
If, in the Minister's opinion, production from the area of a production licence is practicable and commercially feasible, the Minister may, by written notice given to the licensee, require the licensee to undertake or continue operations in accordance with requirements specified in the notice until the licensee satisfies the Minister that the operations are no longer practicable or commercially feasible.
A notice under subsection (3) may require production from the area comprised in a production licence at a rate that is no less than a rate specified in the notice.
If the holder of a production licence fails to proceed with operations for production of a regulated resource as required under the terms of the licence or by notice under this section (and has not entered into arrangements, satisfactory to the Minister, for future production), the Minister may, by written notice to the licensee, cancel the licence.

40—Term of production licence
A production licence is to be granted for an unlimited term.
41—Cancellation or conversion of production licence where commercial operations in abeyance

If operations resulting in production from the licence area on a commercial basis have not been carried on within the area of a production licence for 24 months or more (and the licensee has not entered into arrangements, satisfactory to the Minister, for commencing or resuming such operations at a reasonable future time), the Minister may, by written notice to the licensee—
(a)convert the licence into a retention licence; or
(b)cancel the licence.
Before cancelling a licence under this section, the Minister must give the licensee a reasonable opportunity to make representations about the proposed action.

42—Unitisation of production

If the Minister is satisfied that—
(a)a natural reservoir containing, or suitable for storage of, a regulated substance extends beyond the area of a production licence; and
(b)the adjacent area is covered by an exploration, retention or production licence held by a different person,
the Minister may, by written notice given to the holders of the respective licences, require them to enter into negotiations with a view to establishing a scheme for working or using the relevant areas as a single unit.
If the holders of the licences fail to reach agreement on the terms of such a scheme within a reasonable time, the Minister may, by written notice given to the licensees, establish such a scheme.
Before the Minister establishes a scheme under this section, the Minister must allow the holders of the licences affected by the scheme a reasonable opportunity to make submissions on the terms of the scheme.
A scheme under this section is binding on the holders, for the time being, of the licences affected by the scheme.

Part 7—Royalty
43—Royalty on regulated resources

The holder of a licence must pay to the Crown a royalty equivalent to the prescribed percentage of the value (at the well head) of a regulated resource produced from land comprised in the licence.
The prescribed percentage is—
(a)for a regulated substance—10%;
(b)for geothermal energy—2.5%.
Royalty is not payable on the following:
(a)a regulated substance that—
(i)has been placed in a natural reservoir in the area of a production licence for storage purposes; or
(ii)has been destroyed or dissipated in accordance with sound production practice; or
(iii)is to be used in the course of productive operations, or for purposes incidental to productive operations, that the producer carries out in the State and are associated with production of a regulated substance in the State; and
(b)geothermal energy that is dissipated before it reaches the point of delivery to the purchaser.

A licensee must, by the last day of the month immediately following each month in which a regulated substance or geothermal energy is produced, provide the Minister with a return for the relevant month setting out—
(a)the quantity of the regulated substance or energy produced; and
(b)the quantity of any regulated substance or energy sold, and the amount realised on sale; and
(c)any other relevant information required by the Treasurer after consultation with the Minister.
Administrative penalty.
A return must be accompanied by the royalty payable by the licensee in respect of the month to which the return relates.

(5a)The Treasurer may, after consultation with the Minister—
(a)determine that a requirement of subsection (4) or (5) will not apply to a particular licensee or class of licensee; and
(b)impose, by notice to the particular licensee or by notice in the Gazette, such other requirements on the licensee or those licensees as may be appropriate in the circumstances.

(5b)The Treasurer may, after consultation with the Minister, by further notice, vary or revoke requirements imposed under subsection (5a), or impose new requirements.

The value at the well head of a regulated substance is a value calculated by subtracting from the price (exclusive of any GST component) that could reasonably be realised on sale of the substance to a genuine purchaser at arms length from the producer all reasonable expenses (exclusive of any GST component) reasonably incurred by the producer—
(a)in treating processing or refining the substance; and
(b)in transporting the substance from the well head to the point of delivery.
The value at the well head of geothermal energy is a value calculated by subtracting from the price (exclusive of any GST component) that could reasonably be realised on sale of the energy to a genuine purchaser at arms length from the producer all reasonable expenses (exclusive of any GST component) reasonably incurred by the producer in getting the energy to the point of delivery to the purchaser.
The value at the well head of a regulated substance or geothermal energy is to be assessed by the Treasurer after consultation with the Minister.
The Treasurer may, after consultation with the Minister, on application by the producer or on the Treasurer's own initiative after consultation with the Minister, review and revise an earlier assessment of the value at the well head of a regulated substance or geothermal energy.
The Supreme Court may, on appeal by the producer, vary the Treasurer's assessment.
In any other proceedings, the Treasurer's assessment is to be taken as conclusive evidence of the value of a regulated substance or geothermal energy at the well head.
The regulations may provide that the whole or a prescribed proportion of a fee of a prescribed class payable by licensees under this Act may be taken to be a reasonable expense for the purposes of subsection (6).
The Treasurer may, after consultation with the Minister, reduce or waive royalty payable by a licensee under this section—
(a)in respect of a regulated substance or a regulated resource prescribed by the regulations; or
(b)in prescribed circumstances.

44—Penalty for late payment

If a licensee fails to pay royalty as and when required by or under this Part—
(a)the amount in arrears will, unless the Treasurer determines otherwise, be increased by penalty interest at the prescribed rate; and
(b)the Treasurer may impose on the licensee a fine of an amount fixed by the Treasurer up to a limit of $1,000 or 10% of the outstanding royalty, whichever is the greater.
The Treasurer may, after consultation with the Minister, for any proper reason remit penalty interest or a fine imposed under subsection (1) wholly or in part.

45—Recovery of royalty
Royalty (and any penalty interest or fine imposed by the Treasurer under this Part) may be recovered as a debt due to the Crown.

Part 7A—Rental
45A—Rental payable for utilising natural reservoir for storage

This section applies to the holder of a licence who utilises a natural reservoir to store a regulated substance.
Subject to this section, the holder of a licence to whom this section applies must pay to the Minister, by way of rental, a prescribed amount to be calculated in accordance with the regulations.
The holder of a licence to whom this section applies is not liable to pay an amount by way of rental under this section to the extent that the licensee utilises a natural reservoir to store—
(a)a regulated substance that is to be used in the course of productive operations, or for purposes incidental to productive operations, that the producer carries out in the State and are associated with the production of a regulated substance in the State; or
(b)carbon dioxide that has been produced or sourced within Australia and is not imported.
The Minister may reduce or waive rental payable by a licensee under this section—
(a)in respect of a regulated substance or a regulated resource prescribed by the regulations; or
(b)in prescribed circumstances.
The Minister must, on the tenth anniversary of the commencement of subsection (3)(b), cause a review of the operation of that subsection to be conducted and a report on the review to be prepared and submitted to the Minister.
The Minister must cause a copy of the report submitted under subsection (5) to be laid before both Houses of Parliament within 6 sitting days after receiving the report.

45B—Rental return

The holder of a licence to whom section 45A applies must, at the end of each prescribed period, provide the Minister with a return for the relevant period setting out—
(a)the quantity of natural reservoir used for storage for which the licensee is liable to pay rental under section 45A; and
(b)any matter prescribed by the regulations; and
(c)any other relevant information required by the Minister.
Administrative penalty.
A return must be accompanied by the rental payable by the licensee in respect of the prescribed period to which the return relates.
The Minister may—
(a)determine that a requirement of subsection (1) or (2) will not apply to a particular licensee or class of licensee; and
(b)impose, by notice to the particular licensee or by notice in the Gazette, such other requirements on the licensee or those licensees as may be appropriate in the circumstances.
The Minister may, by further notice, vary or revoke requirements imposed under subsection (3), or impose new requirements.

45C—Penalty for late payment
If a licensee fails to pay rental as and when required by or under this Part—
(a)the amount in arrears will, unless the Minister determines otherwise, be increased by penalty interest at the prescribed rate; and
(b)the Minister may impose on the licensee a fine of an amount fixed by the Treasurer up to a limit of $1 000 or 10% of the outstanding rental, whichever is the greater.

45D—Recovery of rental
Rental payable by a licensee under this Part, and any penalty interest or fine imposed by the Minister under this Part, may be recovered as a debt due to the Crown.

Part 8—Transmission pipelines
Division 1—Pipeline licence
46—Rights conferred by pipeline licence

A pipeline licence authorises the licensee to operate and maintain the transmission pipeline to which it relates.
If the licence is granted for a proposed transmission pipeline, the licence also authorises the licensee to construct (or complete the construction of) the relevant transmission pipeline.
A pipeline licence may be granted for the whole or part of a transmission pipeline.
A pipeline licence—
(a)can only be held by a body corporate (or two or more bodies corporate); and
(b)can only be held in respect of a transmission pipeline or proposed transmission pipeline owned by a body corporate (or two or more bodies corporate).
The Minister may, on application by a licensee holding a pipeline licence, vary the licence to cover an extension to, or a variation to the route of, the pipeline.
If it is reasonably necessary for the holder of a pipeline licence to carry out a regulated activity on land that is adjacent to the site of the pipeline, the holder may, with the consent of the Minister, carry out that activity on that land as if it formed part of the pipeline land.

47—Term and renewal of pipeline licence

The term of a pipeline licence is 21 years or a lesser term agreed between the pipeline licensee and the Minister.
Subject to any agreement between the Minister and the pipeline licensee excluding or limiting this right of renewal, a pipeline licence must, on application for renewal, be renewed for a further term.

48—Alteration of pipeline
A pipeline licensee must not alter or modify, or permit the alteration or modification of, the pipeline except as follows:
(a)as authorised in the pipeline licence; or
(b)as may be necessary for the repair or maintenance of the pipeline; or
(c)as may be necessary for the preservation of life or property in an emergency; or
(d)as may be authorised by the Minister.

Maximum penalty: $250 000.

Division 2—Access to pipeline
49—Ministerial power to require access to pipeline

The Minister may, by written notice given to the holder of a pipeline licence, require the holder to convey a regulated substance for another person on terms and conditions mutually agreed by the holder and the other person or, in default of agreement, on terms and conditions determined by the Minister.
In considering whether to require the holder of a pipeline licence to convey a regulated substance for another and if so the appropriate terms and conditions on which the holder should be required to do so, the Minister must have regard to—
(a)the legitimate business interests of the licensee; and
(b)the public interest including the public interest in facilitating competition in markets; and
(c)the interests of other persons who have rights of access to the pipeline; and
(d)the cost of providing access to the pipeline; and
(e)the operational and technical requirements for the safe, efficient and reliable operation of the pipeline; and
(f)any other matters the Minister considers relevant.
A determination under this section, and the Minister's reasons for making it, are to be published in the Gazette.
This section does not apply if access to the relevant transmission pipeline is governed under some other law.

Division 3—Special provisions about pipelines
50—Acquisition of land by holder of pipeline licence

The holder of a pipeline licence must, as soon as practicable after the grant of the licence, proceed to acquire the pipeline land reasonably required for constructing or operating, or constructing and operating, the relevant pipeline.
Despite any limitation on the powers of a body corporate existing apart from this section, a body corporate is authorised to transfer to the holder of a pipeline licence any land required for the construction or operation of a pipeline under the relevant pipeline licence.

51—Pipeline easements
An easement acquired for the construction or operation of a pipeline is an easement in gross that does not depend on the existence of a dominant tenement.
52—Compulsory acquisition of land for pipeline
If the Minister is satisfied that the holder of a pipeline licence—
(a)reasonably requires land (apart from the interest conferred by the licence) for the purpose of constructing, modifying or operating a pipeline or for incidental purposes; and
(b)has failed to acquire the land by agreement after making reasonable attempts to do so,

the holder may, with the Minister's approval, proceed to acquire the land compulsorily under the Land Acquisition Act 1969.
53—Pipeline to be chattel
A pipeline is a chattel and capable of being acquired, owned, dealt with and disposed of as such.
54—Inseparability of dealings with pipeline and pipeline land
Unless the Minister gives written consent, a pipeline cannot be transferred, mortgaged, or otherwise dealt with separately from the pipeline land related to the pipeline, nor can pipeline land be transferred, mortgaged or dealt with separately from the pipeline to which it relates.
55—Resumption of pipeline

If a pipeline for which a licence was granted is not used for the transportation of a regulated substance for a continuous period of more than 3 years, the Minister may give written notice to all interested persons of intention to resume the pipeline and the pipeline land.
The interested persons are—
(a)the holder (or former holder) of the pipeline licence; and
(b)the owner of, and other persons interested in, the pipeline and the related pipeline land.
Before the Minister gives notice under subsection (1), the Minister must—
(a)invite all interested persons to make representations about the proposed resumption; and
(b)consider any representations made in response to the invitation.
The notice of the intended resumption—
(a)may be given whether or not a pipeline licence remains in force for the pipeline (but if a licence is in force, the notice terminates the licence); and
(b)must be given to all interested persons.
The owner of the pipeline may within 6 months after the notice is given take up and remove the pipeline and associated structures (wholly or in part) and restore the relevant land as far as practicable to its former condition.
After the six month period has ended, the Minister may exercise either or both of the following powers:
(a)the Minister may, by written notice given to the owner of the pipeline, require the owner, within a reasonable time stated in the notice, to remove buildings, structures and fixtures associated with the pipeline and to restore the land, as far as practicable, to its former condition; and
(b)the Minister may, by notice published in the Gazette, vest the pipeline land and any buildings, structures and fixtures (including the pipeline) remaining on the land in the Crown.
If the owner of the pipeline fails to comply with a notice under subsection (6)(a), the Minister may have the necessary work carried out and recover the cost of doing so from the owner.
No compensation is payable for the divestiture of property under subsection (6)(b).
If an easement is vested in the Crown under subsection (6)(b), the Minister may, by notice in the Gazette, surrender (and thus extinguish) the easement.

55A—Liability to council rates
The land that constitutes pipeline land under this Act is exempt from the requirement to pay rates under the Local Government Act 1999.

Part 9—Associated activities
56—Associated activities licence

An associated activities licence—
(a)authorises the holder of the licence (the primary licence)—
(i)to establish and operate associated facilities on land outside the area of the primary licence;
(ii)without limiting subparagraph (i), to carry out any type of associated regulated activity on land outside the area of the primary licence;
(b)for that purpose, confers rights of access to and use of land to which the licence relates on terms and conditions specified in the licence.
An associated facility or an associated regulated activity is anything that is reasonably necessary for, or incidental to, carrying on regulated activities in the area of the primary licence, or in the vicinity of the area of the primary licence.
For example—
(a)an associated activities licence might be granted to the holder of an exploration licence, a retention licence or a production licence authorising the holder of the licence to drill a well from an area outside the area of the primary licence for obtaining access to geological structures within the area of the primary licence;
(b)an associated activities licence might be granted authorising the holder of the licence to establish and operate facilities within the licence area such as—
(i)a pipeline;
(ii)a processing plant;
(iii)a camp, airport, building or other infrastructure;
(iv)commercial or recreational facilities for people involved in regulated activities.

57—Area of associated activities licence

An associated activities licence cannot be granted for an area exceeding—
(a)in a case involving facilities or activities that, in the opinion of the Minister, are permanent (or effectively permanent)—5 km2;
(b)in any other case—1 500 km2.
However, these restrictions on the area of a licence do not apply if the licence area is in the form of a corridor with a width of 50 m or less.

58—Term of associated activities licence

Subject to subsection (2), an associated activities licence is an adjunct to the primary licence and is, subject to its terms, granted for the same term, and renewable at the same time and in the same way as the primary licence.
An associated activities licence for activities that, in the opinion of the Minister, are temporary in nature will be granted for a term determined by the Minister (which may be a term that takes into account any decommissioning, rehabilitation or other action that may be required at the conclusion of the activities and which may be renewed from time to time as the Minister thinks fit).

59—Relationship with other licences

An associated activities licence may be granted in respect of an area comprised within the area of another licence.
Subject to any relevant licence conditions, the rights conferred by an associated activities licence prevail over rights conferred by another licence in respect of the same area.
Before the Minister grants an associated activities licence for an area covered by another licence—
(a)the Minister must have regard to—
(i)the reasons put forward by the applicant for the grant of the licence and, in particular, whether they justify the grant of the licence in derogation from the rights of the existing licensee; and
(ii)the legitimate business interests of the existing licensee; and
(iii)the effect of the operations to be carried out under the associated activities licence on the operations conducted under the existing licence; and
(iv)the operational and technical requirements for the safe, efficient and reliable conduct of operations under both licences; and
(v)any other matters the Minister considers relevant; and
(b)the Minister must consult with the existing licensee about the matters referred to in paragraph (a) and about the conditions to be included in the licence (unless the existing licensee is the person applying for the associated activities licence).
If an associated activities licence is granted over the area of another licence, the holder of the other licence is to be entitled to compensation for diminution of the rights conferred by that licence—
(a)to be agreed between the licensees; or
(b)in default of agreement, to be determined by the relevant court.
If an associated activities licence is granted over the area of another licence, the Supreme Court may, on application by the holder of the other licence made within 2 months after the grant of the associated activities licence, review the terms and conditions of the associated activities licence and vary them as the Court considers just.
The Supreme Court may, in exercising its powers under subsection (5), relocate the area of the associated activities licence or vary the area in some other way.

Part 9A—Special facilities
59B—Special facilities licence

A special facilities licence—
(a)authorises the licensee to establish and operate within an area specified in the licence (that must not exceed 5 km²) facilities for the purposes involving or associated with—
(i)searching for any regulated substance; or
(ii)processing any regulated substance; or
(iii)producing or generating energy from a source of geothermal energy; or
(iv)other activities that may be relevant or incidental to searching for any regulated substance or processing, producing or storing any regulated substance or a product derived from a regulated substance; and
(b)for that purpose, confers rights of access to and use of land to which the licence relates on terms and conditions specified in the licence.

Once a document is accepted or adopted under subsection (2) or a direction has been given in relation to a procedure under subsection (2)(b), the document or procedure will not be invalid or ineffective for the purposes of this Act because a court, tribunal or other authority has decided that it is invalid or ineffective for the purposes of the Commonwealth Act.
In this section—
assessment report means—
(a)an assessment report as defined in the Commonwealth Act by reference to section 84(3), 95, 100 or 105 of that Act; or
(b)a report under section 121 of the Commonwealth Act;
Commonwealth Act means the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth;
Commonwealth Act document means—
(a)a referral under section 68, 69 or 71 of the Commonwealth Act; or
(b)information given by a person to the Minister under the Commonwealth Act under section 86 of that Act; or
(c)information and invitation published by a proponent under section 93 of the Commonwealth Act; or
(d)guidelines prepared under section 97 or 102 of the Commonwealth Act; or
(e)a draft report prepared under section 98 of the Commonwealth Act; or
(f)a finalised report prepared under section 99 of the Commonwealth Act; or
(g)a draft statement prepared under section 103 of the Commonwealth Act; or
(h)a finalised statement prepared under section 104 of the Commonwealth Act; or
(i)an assessment report.

131—Saving of powers with respect to Crown land etc

Neither this Act nor a licence takes away or limits the power of the Governor or a Minister of the Crown to reserve, dedicate, grant, sell or otherwise deal with or dispose of land.
However, any such reservation, dedication, grant, sale or other dealing or disposition of land is subject to rights earlier conferred under this Act.

132—Charge on property if debt due to Crown

This section applies to property (other than real property) if the owner of the property is liable to pay a debt due to the Crown under this Act.
A charge on the property to secure payment of the debt to the Crown is created by force of this section.
A charge created on property under subsection (2)—
(a)has priority over any other interest in the property (including a security interest within the meaning of the Personal Property Securities Act 2009 of the Commonwealth); and
(b)has priority over all other encumbrances; and
(c)is not affected by a change in ownership of the property.
Section 73(2) of the Personal Property Securities Act 2009 of the Commonwealth applies to the charge.
The charge remains in force until the debt is paid in full or otherwise discharged.

133—Proof of administrative acts
In legal proceedings, a decision, determination, valuation, direction or other act under this Act by the Minister may be proved by production of a certificate apparently signed by the Minister.
134—Extension of time limits

The Minister has a discretion to extend time limits fixed by or under this Act.
A time limit may be extended under this section even though it has, at the time of the extension, already expired.
A note of each decision to extend a time limit under this section must be included in the public register.

135—Disclosure of information
An authorised officer or any other person who carries out or has carried out duties related to the administration of this Act must not disclose confidential information obtained by them in the course of the administration of this Act except—
(a)to another person in the course of the administration of this Act; or
(b)as permitted by the person in whose favour the duty of confidentiality exists; or
(c)as permitted by the Minister after consultation (where practicable) with the person in whose favour the duty of confidentiality exists; or
(d)to a person for the purposes of ensuring compliance with a requirement of this Act or a prescribed Act; or
(e)to a prescribed authority or an officer or employee of a prescribed authority; or
(f)as required by law; or
(g)as is otherwise necessary for the proper administration of this Act or a prescribed Act.

Maximum penalty: $20 000.
136—Administrative penalties

This section applies to any provision of this Act (or the regulations) at the foot of which the words "Administrative penalty" appear.
If a licensee contravenes a provision to which this section applies, the Minister may, by notice in writing to the licensee, impose an administrative penalty on the licensee.
If the contravention is of a continuing nature, the Minister may impose a further administrative penalty by way of a daily penalty for every day the contravention continues from the date of the notice until the contravention is remedied.
The amount of an administrative penalty—
(a)in the case of an administrative penalty that is not a daily penalty—an amount (not exceeding $15 000) fixed by regulation in relation to the relevant provision;
(b)in the case of a daily penalty—an amount (not exceeding $1 000) fixed by regulation in relation to the relevant provision.
An administrative penalty may be recovered as a debt due to the Crown.
If an administrative penalty has been imposed in relation to a particular act or default, the same act or default cannot be made the subject of proceedings for an offence against this Act and if proceedings for an offence against this Act have been brought in relation to a particular act or default, an administrative penalty cannot be imposed for the same act or default.

137—Preservation of rights under Cooper Basin (Ratification) Act 1975
Nothing in this Act affects rights conferred by the Cooper Basin (Ratification) Act 1975.
138—Regulations and fee notices

The Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.
Without limiting the generality of subsection (1), the regulations may—
(a)regulate the conduct of operations involved in exploration for, or the production of, a regulated substance or a regulated resource; and
(b)prohibit or restrict activities that may result in waste—
(i)of a regulated resource or a regulated substance; or
(ii)associated with undertaking a regulated activity; and
(c)require licensees generally or a particular class of licensee to provide prescribed information certified, if the regulations so require, by declaration under this Act; and
(d)provide that any matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Minister; and
(e)prescribe a penalty not exceeding $20 000 for a contravention of any regulation.
A regulation may be of general or limited application and may vary in operation according to factors stated in the regulation.
The Governor may, by regulation, make provisions of a saving or transitional nature consequent on the amendment of this Act by another Act.
A provision made by a regulation under subsection (4) may be in addition to any provision of a saving or transitional nature made by the Act that makes the amendment.
A provision made by a regulation under subsection (4) may, if the regulations so provide, take effect from the commencement of the amendment or from a later day.
To the extent to which a provision takes effect under subsection (6) from a day earlier than the day of the publication of the regulation in the Gazette, the provision does not operate to the disadvantage of a person by—
(a)decreasing the person's rights; or
(b)imposing liabilities on the person.
The Minister may prescribe fees for the purposes of this Act by fee notice under the Legislation (Fees) Act 2019.

Schedule—Transitional provisions
2—Continuation of licences

A petroleum exploration licence, a petroleum production licence, or a pipeline licence that was in force under the repealed Act immediately before the commencement of this Act continues in force under this Act, subject to its terms and conditions, as an exploration licence, a production licence or a pipeline licence (as the case requires) under this Act for the balance of the term for which it was granted or last renewed.
An exploration licence or a production licence under subsection (1) will be taken to include (and to have always included and despite section 4(1)) an authorisation to use a natural reservoir for storage of a regulated substance.

3—Preservation of operation of the repealed Act for certain purposes

An application for a licence under the repealed Act that has not been finally dealt with under that Act before the commencement of this Act will continue as if it were an application for a corresponding licence under this Act.
If the regulations so provide, the provisions of the repealed Act apply (or continue to apply), to the exclusion of the corresponding provisions of this Act and subject to any modifications that may be prescribed by the regulations—
(a)to an application within the ambit of subsection (1) (as if it were still an application for a licence under the repealed Act); or
(b)to the grant or renewal of a licence under this Act (as if it were a licence under the repealed Act).

4—Limitation on certain rights

The rights of the holder of a transitional licence are not to be more extensive than if the repealed Act had continued in force.
A transitional licence cannot be converted into a retention licence under section 41(1)(a).
A transitional licence is—
(a)a licence under the repealed Act continued in force under this Act (see section 2); or
(b)a licence granted under this Act pursuant to an application made under the repealed Act (see section 3).
Without limiting a preceding subsection—
(a)the provisions of section 32 of the repealed Act will apply in relation to the renewal of a transitional licence; and
(b)if a transitional licence is—
(i)amalgamated or replaced under section 82; or
(ii)divided under section 83,
then—
(iii)any licence arising from the action taken under the relevant section will be taken to be a transitional licence; and
(iv)the provisions of section 32 of the repealed Act will apply in relation to the renewal of any licence arising from the action taken under the relevant section.
The following additional provisions will apply in relation to a petroleum production licence to which the Cooper Basin (Ratification) Act 1975 applies:
(a)the term of a licence is 31 years with a right of renewal from time to time of 21 years; and
(b)subsection (4) will apply in relation to the amalgamation, replacement or division of any such licence.

5—Environmental assessments
The Minister may accept and act on an environmental assessment made before the commencement of this Act if the Minister is of the opinion that the assessment was competently made and is appropriate for the purposes for which an environmental impact report is required under this Act.
6—Statements of environmental objectives

If in the Minister's opinion a document has, before the commencement of this Act, fulfilled a purpose corresponding to the purpose of a statement of environmental objectives under this Act, the Minister may publish the document in the Gazette.
On publication of a document under this section, it is taken to be a statement of environmental objectives made under this Act.

7—Presumptive classification of activities

If arrangements for the protection of the environment had been established to the satisfaction of the Minister under regulation 16(2) of the Petroleum Regulations 1989, the activities to be carried out under the relevant licence are taken to have been classified, on the commencement of this Act, as activities requiring low level official surveillance for the purposes of section 74.
This does not prevent a change of classification under section 74(4).

8—Non-application of certain provisions to certain pipelines
Sections 52, 53 and 54 have no application to the Pipeline Licences Nos. 2 and 5, or the pipeline land relating to those pipelines.

Legislative history

Notes

•Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.
•Earlier versions of this Act (historical versions) are listed at the end of the legislative history.
•For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or Act 2000
Petroleum and Geothermal Energy Act 2000
Legislation repealed by principal Act
The Energy Resources Act 2000 repealed the following:
Petroleum Act 1940
Principal Act and amendments
New entries appear in bold.

Year No Title Assent Commencement

2000 60 Petroleum Act 2000 27.7.2000 25.9.2000 (Gazette 21.9.2000 p2042)

2001 16 Statutes Amendment (Avoidance of Duplication of Environmental Procedures) Act 2001 17.5.2001 Pt 6 (s 8)—14.6.2001 (Gazette 14.6.2001 p2221)

2001 69 Statutes Amendment (Courts and Judicial Administration) Act 2001 6.12.2001 Pt 11 (ss 26 & 27)—3.2.2002 (Gazette 24.1.2002 p346)

2003 35 River Murray Act 2003 31.7.2003 Sch (cl 19)—24.11.2003 (Gazette 20.11.2003 p4203)

2004 34 Natural Resources Management Act 2004 5.8.2004 Sch 4 (cl 37)—2.9.2004 (Gazette 2.9.2004 p3545)

2005 5 Adelaide Dolphin Sanctuary Act 2005 14.4.2005 Sch 2 (cll 54—57)—4.6.2005 (Gazette 2.6.2005 p1684)

2007 60 Marine Parks Act 2007 29.11.2007 Sch 1 (cll 44—47)—6.11.2008 (Gazette 6.11.2008 p5055)

2009 20 Crown Land Management Act 2009 4.6.2009 Sch 1 (cl 3)—1.6.2010 (Gazette 18.2.2010 p816)

2009 35 Petroleum (Miscellaneous) Amendment Act 2009 23.7.2009 Pt 2 (ss 4—62) & Sch 1 (cll 3—6)—1.10.2009 (Gazette 1.10.2009 p4764)

2009 84 Statutes Amendment (Public Sector Consequential Amendments) Act 2009 10.12.2009 Pt 110 (s 262)—1.2.2010 (Gazette 28.1.2010 p320)

2010 21 Mining (Miscellaneous) Amendment Act 2010 18.11.2010 Sch 1 (cl 1)—1.7.2011 (Gazette 9.6.2011 p2545)

2011 11 Statutes Amendment (Personal Property Securities) Act 2011 14.4.2011 Pt 21 (s 53)—16.6.2011 (Gazette 16.6.2011 p2610)

2012 34 Petroleum and Geothermal Energy (Transitional Licences) Amendment Act 2012 27.9.2012 27.9.2012 except s 6—25.9.2000: s 2

2016 57 Statutes Amendment (Budget 2016) Act 2016 8.12.2016 Pt 9 (ss 82—85)—8.12.2016: s 2(1)

2017 51 Statutes Amendment (SACAT No 2) Act 2017 28.11.2017 Pt 34 (ss 192 to 194)—22.2.2018 (Gazette 30.1.2018 p524)

2018 24 Petroleum and Geothermal Energy (Ban on Hydraulic Fracturing) Amendment Act 2018 1.11.2018 1.11.2018

2019 33 Landscape South Australia Act 2019 21.11.2019 Sch 5 (cll 65 & 66)—1.7.2020 (Gazette 25.6.2020 p3502)

2019 45 Supreme Court (Court of Appeal) Amendment Act 2019 19.12.2019 Sch 1 (cll 72 to 76)—1.1.2021 (Gazette 10.12.2020 p5638)

2023 34 Petroleum and Geothermal Energy (Energy Resources) Amendment Act 2023 23.11.2023 14.12.2023 (Gazette 14.12.2023 p4134) except ss 3 & 4, 6 to 41, 43 to 71 & Sch 1—11.4.2024 (Gazette 11.4.2024 p627)

2023 37 Hydrogen and Renewable Energy Act 2023 23.11.2023 Sch 1 (cl 12)—11.7.2024 (Gazette 11.7.2024 p2114)
Provisions amended
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in italics.

Provision How varied Commencement

Long title amended under Legislation Revision and Publication Act 2002 24.11.2003

amended by 34/2023 s 3 11.4.2024

Pt 1

Pt 1 Div 1

s 1 amended by 35/2009 s 4 1.10.2009

amended by 34/2023 s 4 11.4.2024

s 2 omitted under Legislation Revision and Publication Act 2002 24.11.2003

Pt 1 Div 2

s 3 amended by 35/2009 s 5 1.10.2009

substituted by 34/2023 s 5 14.12.2023

Pt 1 Div 3

s 4

s 4(1)

Adelaide Dolphin Sanctuary inserted by 5/2005 Sch 2 (cl 54(1)) 4.6.2005

authorised officer amended by 34/2023 s 6(1) 11.4.2024

business day deleted by 34/2023 s 6(2) 11.4.2024

competitive tender region inserted by 35/2009 s 6(1) 1.10.2009

contravention deleted by 34/2023 s 6(3) 11.4.2024

energy resource inserted by 34/2023 s 6(4) 11.4.2024

environment substituted by 34/2023 s 6(4) 11.4.2024

facility inserted by 34/2023 s 6(5) 11.4.2024

geothermal energy amended by 34/2023 s 6(6) 11.4.2024

highly prospective region deleted by 35/2009 s 6(2) 1.10.2009

leading performance criteria inserted by 34/2023 s 6(7) 11.4.2024

licence amended by 35/2009 s 6(3), (4) 1.10.2009

amended by 34/2023 s 6(8) 11.4.2024

marine park inserted by 60/2007 Sch 1 cl 44(1) 6.11.2008

Minister for the Adelaide Dolphin Sanctuary inserted by 5/2005 Sch 2 (cl 54(2)) 4.6.2005

deleted by 60/2007 Sch 1 cl 44(1) 6.11.2008

Murray-Darling Basin inserted by 35/2003 Sch cl 19(a) 24.11.2003

natural reservoir amended by 34/2023 s 6(9) 11.4.2024

occupier deleted by 35/2009 s 6(5) 1.10.2009

owner substituted by 35/2009 s 6(5) 1.10.2009

amended by 37/2023 Sch 1 cl 12 11.7.2024

petroleum amended by 35/2009 s 6(6) 1.10.2009

pipeline substituted by 34/2023 s 6(10) 11.4.2024

produce deleted by 34/2023 s 6(11) 11.4.2024

producing a regulated resource inserted by 34/2023 s 6(11) 11.4.2024

producing a regulated substance inserted by 34/2023 s 6(11) 11.4.2024

prospectivity amended by 34/2023 s 6(12) 11.4.2024

record substituted by 34/2023 s 6(13) 11.4.2024

regulated resource amended by 34/2023 s 6(14) 11.4.2024

regulated substance amended by 35/2009 s 6(7) 1.10.2009

amended by 34/2023 s 6(15) 11.4.2024

relevant Act inserted by 60/2007 Sch 1 cl 44(2) 6.11.2008

relevant court amended by 69/2001 s 26 3.2.2002

amended by 45/2019 Sch 1 cl 72 1.1.2021

relevant Minister inserted by 60/2007 Sch 1 cl 44(3) 6.11.2008

River Murray Protection Area inserted by 60/2007 Sch 1 cl 44(4) 6.11.2008

specially protected area inserted by 60/2007 Sch 1 cl 44(4) 6.11.2008

tenement inserted by 35/2009 s 6(8) 1.10.2009

transmission pipeline amended by 35/2009 s 6(9) 1.10.2009

substituted by 34/2023 s 6(16) 11.4.2024

s 4(2) amended by 34/2023 s 6(17), (18) 11.4.2024

s 4(3) inserted by 35/2009 s 6(10) 1.10.2009

Pt 1 Div 4

s 5

s 5(1) amended by 34/2023 s 7(1) 11.4.2024

s 5(2) amended by 34/2023 s 7(2) 11.4.2024

s 5(3) inserted by 35/2009 s 7 1.10.2009

Pt 2

Pt 2 Div 1

s 6A inserted by 5/2005 Sch 2 (cl 55) 4.6.2005

substituted by 60/2007 Sch 1 cl 45 6.11.2008

amended by 33/2019 Sch 5 cl 65 1.7.2020

s 7

s 7(1a) inserted by 57/2016 s 82 8.12.2016

Pt 2 Div 2

s 8 substituted by 34/2023 s 8 11.4.2024

s 9

s 9(1) amended by 34/2023 s 9(1) 11.4.2024

s 9(3) inserted by 34/2023 s 9(2) 11.4.2024

Pt 2 Div 3 inserted by 34/2023 s 10 11.4.2024

Pt 3

Pt 3 Div 1

s 10

s 10(1) amended by 35/2009 s 8 1.10.2009

substituted by 34/2023 s 11(1) 11.4.2024

s 10(2) substituted by 34/2023 s 11(1) 11.4.2024

s 10(3) amended by 34/2023 s 11(2), (4), (5) 11.4.2024

(b) deleted by 34/2023 s 11(3) 11.4.2024

(g), (h) deleted by 34/2023 s 11(5) 11.4.2024

(j) deleted by 34/2023 s 11(6) 11.4.2024

Pt 3 Div 1A inserted by 24/2018 s 3 1.11.2018

Pt 3 Div 2

s 12

s 12(1) s 12 redesignated as s 12(1) by 5/2005 Sch 2 (cl 56) 4.6.2005

s 12(2)—(4) inserted by 5/2005 Sch 2 (cl 56) 4.6.2005

ceased to have effect and omitted under Legislation Revision and Publication Act 2002 6.11.2008

s 12(2) and (3) inserted by 60/2007 Sch 1 cl 46 6.11.2008

s 13 amended by 35/2009 s 9(1), (2) 1.10.2009

amended by 34/2023 s 12 11.4.2024

s 13A inserted by 11/2011 s 53 16.6.2011

Pt 3 Div 3

s 14

s 14(4) inserted by 35/2009 s 10 1.10.2009

s 15

s 15(2) amended by 35/2009 s 11 1.10.2009

Pt 4

Pt 4 Div 1

heading substituted by 35/2009 s 12 1.10.2009

s 16

s 16(1) amended by 35/2009 s 13(1) 1.10.2009

s 16(2) amended by 35/2009 s 13(2) 1.10.2009

s 16 substituted by 34/2023 s 13 11.4.2024

Pt 4 Div 3

heading substituted by 35/2009 s 14 1.10.2009

s 21 substituted by 35/2009 s 15 1.10.2009

s 21(1) amended by 34/2023 s 14(1), (2) 11.4.2024

s 21(2) amended by 34/2023 s 14(3), (4) 11.4.2024

s 21(3) amended by 34/2023 s 14(5) 11.4.2024

s 22

s 22(1) amended by 35/2009 s 16(1)—(3) 1.10.2009

substituted by 34/2023 s 15 11.4.2024

s 22(3) amended by 35/2009 s 16(4) 1.10.2009

s 24

s 24(2) substituted by 35/2009 s 17 1.10.2009

amended by 34/2023 s 16 11.4.2024

s 25

s 25(4) amended by 35/2009 s 18(1) 1.10.2009

s 25(4a) inserted by 35/2009 s 18(2) 1.10.2009

s 26

s 26(1) amended by 34/2023 s 17 11.4.2024

s 26(2) substituted by 35/2009 s 19(1) 1.10.2009

s 26(3) amended by 35/2009 s 19(2) 1.10.2009

s 26(5a) and (5b) inserted by 35/2009 s 19(3) 1.10.2009

s 27

s 27(1) substituted by 35/2009 s 20(1) 1.10.2009

amended by 34/2023 s 18(1) 11.4.2024

s 27(1a) inserted by 35/2009 s 20(1) 1.10.2009

s 27(2a) inserted by 35/2009 s 20(2) 1.10.2009

amended by 34/2023 s 18(2) 11.4.2024

Pt 5

s 28 substituted by 35/2009 s 21 1.10.2009

s 28(1) amended by 34/2023 s 19(1), (2) 11.4.2024

s 28(2) amended by 34/2023 s 19(3) 11.4.2024

s 29 deleted by 35/2009 s 21 1.10.2009

s 30

s 30(1) amended by 35/2009 s 22(1) 1.10.2009

amended by 34/2023 s 20(1) 11.4.2024

s 30(1a) inserted by 35/2009 s 22(2) 1.10.2009

amended by 34/2023 s 20(2) 11.4.2024

s 31

s 31(1) s 31 amended and redesignated as s 31(1) by 35/2009 s 23(1), (2) 1.10.2009

substituted by 34/2023 s 21 11.4.2024

s 31(2) inserted by 35/2009 s 23(2) 1.10.2009

s 32

s 32(1) amended by 34/2023 s 22 11.4.2024

s 32(3) and (4) inserted by 35/2009 s 24 1.10.2009

s 33

s 33(4) amended by 35/2009 s 25(1) 1.10.2009

s 33(5) inserted by 35/2009 s 25(2) 1.10.2009

Pt 6

s 34 substituted by 35/2009 s 26 1.10.2009

s 34(1) amended by 34/2023 s 23(1), (2) 11.4.2024

s 34(4) substituted by 34/2023 s 23(3) 11.4.2024

s 34(4a) inserted by 34/2023 s 23(3) 11.4.2024

s 35

s 35(1) amended by 35/2009 s 27(1), (2) 1.10.2009

amended by 34/2023 s 24(1), (2) 11.4.2024

s 35(3) amended by 35/2009 s 27(3), (4) 1.10.2009

s 35(3a) inserted by 34/2023 s 24(3) 11.4.2024

s 35(4) inserted by 35/2009 s 27(5) 1.10.2009

s 35(5) inserted by 34/2023 s 24(4) 11.4.2024

s 36

s 36(1) amended by 35/2009 s 28 1.10.2009

s 37

s 37(1) s 37 amended and redesignated as s 37(1) by 35/2009 s 29(1), (2) 1.10.2009

amended by 34/2023 s 25 11.4.2024

s 37(2) inserted by 35/2009 s 29(2) 1.10.2009

s 38

s 38(5) inserted by 35/2009 s 30 1.10.2009

s 41

s 41(1) amended by 35/2009 s 31 1.10.2009

s 42

s 42(1) amended by 35/2009 s 32 1.10.2009

Pt 7

s 43

s 43(3) amended by 35/2009 s 33(1) 1.10.2009

s 43(4) amended by 57/2016 s 83(1) 8.12.2016

amended by 34/2023 s 26(1) 11.4.2024

s 43(5a) inserted by 35/2009 s 33(2) 1.10.2009

amended by 57/2016 s 83(2) 8.12.2016

s 43(5b) inserted by 35/2009 s 33(2) 1.10.2009

amended by 57/2016 s 83(3) 8.12.2016

s 43(8) amended by 57/2016 s 83(4) 8.12.2016

s 43(9) amended by 57/2016 s 83(5) 8.12.2016

s 43(10) amended by 57/2016 s 83(6) 8.12.2016

amended by 45/2019 Sch 1 cl 73 1.1.2021

s 43(11) amended by 57/2016 s 83(7) 8.12.2016

s 43(12) inserted by 35/2009 s 33(3) 1.10.2009

s 43(13) inserted by 34/2023 s 26(2) 11.4.2024

s 44

s 44(1) amended by 57/2016 s 84(1) 8.12.2016

s 44(2) amended by 57/2016 s 84(2) 8.12.2016

s 45 amended by 57/2016 s 85 8.12.2016

Pt 7A inserted by 34/2023 s 27 11.4.2024

Pt 8

s 46

s 46(1) amended by 35/2009 s 34(1) 1.10.2009

s 46(6) inserted by 35/2009 s 34(2) 1.10.2009

s 48 amended by 34/2023 s 28 11.4.2024

s 55A inserted by 35/2009 s 35 1.10.2009

Pt 9

heading substituted by 35/2009 s 36 1.10.2009

s 56

s 56(1) amended by 35/2009 s 37(1), (2) 1.10.2009

s 56(2) amended by 35/2009 s 37(3) 1.10.2009

s 56(3) amended by 35/2009 s 37(4) 1.10.2009

s 57

s 57(1) substituted by 35/2009 s 38(1) 1.10.2009

s 57(2) amended by 35/2009 s 38(2) 1.10.2009

s 58

s 58(1) s 58 amended and redesignated as s 58(1) by 35/2009 s 39(1), (2) 1.10.2009

s 58(2) inserted by 35/2009 s 39(2) 1.10.2009

s 59

s 59(1) and (2) amended by 35/2009 s 40(1) 1.10.2009

s 59(3) amended by 35/2009 s 40(1), (2) 1.10.2009

amended by 34/2023 s 29 11.4.2024

s 59(4) amended by 35/2009 s 40(1) 1.10.2009

s 59(5) and (6) amended by 35/2009 s 40(1) 1.10.2009

amended by 45/2019 Sch 1 cl 74 1.1.2021

Pt 9A inserted by 35/2009 s 41 1.10.2009

s 59A deleted by 34/2023 s 30 11.4.2024

s 59B

s 59B(1) amended by 34/2023 s 31(1) 11.4.2024

s 59B(2) amended by 34/2023 s 31(2) 11.4.2024

s 59C deleted by 34/2023 s 32 11.4.2024

s 59D

s 59D(2) amended by 34/2023 s 33(1), (2) 11.4.2024

s 59E

s 59E(3) amended by 34/2023 s 34 11.4.2024

s 59E(5) and (6) amended by 45/2019 Sch 1 cl 75 1.1.2021

Pt 10

s 61

s 61(1) amended by 35/2009 s 42(1) 1.10.2009

s 61(3) inserted by 35/2009 s 42(2) 1.10.2009

s 62

s 62(1) amended by 35/2009 s 43(1) 1.10.2009

s 62(3) amended by 35/2009 s 43(2) 1.10.2009

s 63

s 63(2) amended by 35/2009 s 44(1), (2) 1.10.2009

s 63(3aa) inserted by 21/2010 Sch 1 cl 1 1.7.2011

s 63(3a) inserted by 35/2009 s 44(3) 1.10.2009

s 63(5) substituted by 35/2009 s 44(4) 1.10.2009

s 63(6) inserted by 35/2009 s 44(4) 1.10.2009

Pt 11

Pt 11 Div 1

s 65

s 65(1) amended by 34/2023 s 35(1)—(3) 11.4.2024

s 65(1a)—(1c) inserted by 35/2009 s 45(1) 1.10.2009

s 65(2) amended by 34/2023 s 35(4), (5) 11.4.2024

s 65(6) amended by 35/2009 s 45(2), (3) 1.10.2009

Pt 11 Div 2

s 68

s 68(1) substituted by 35/2009 s 46(1) 1.10.2009

s 68(2) deleted by 35/2009 s 46(1) 1.10.2009

s 68(5) inserted by 35/2009 s 46(2) 1.10.2009

s 69

s 69(1) s 69 amended and redesignated as s 69(1) by 35/2009 s 47(1), (2) 1.10.2009

amended by 34/2023 s 36 11.4.2024

s 69(2) inserted by 35/2009 s 47(2) 1.10.2009

Pt 11 Div 3

s 73A inserted by 34/2023 s 37 11.4.2024

s 74

s 74(1), (2), (3) and (5) amended by 35/2009 s 48 1.10.2009

s 76A inserted by 35/2009 s 49 1.10.2009

s 77 amended by 34/2023 s 38 11.4.2024

Pt 11 Div 5

s 79

s 79(1) amended by 35/2009 s 50(1) 1.10.2009

s 79(5) amended by 35/2009 s 50(2) 1.10.2009

s 79(6) amended by 45/2019 Sch 1 cl 76 1.1.2021

Pt 11 Div 6

s 80

s 80(1) amended by 20/2009 Sch 1 cl 3 1.6.2010

Pt 11 Div 8

s 82

s 82(2) substituted by 34/2012 s 4 27.9.2012

s 82(2a) inserted by 34/2012 s 4 27.9.2012

s 82(3) substituted by 35/2009 s 51 1.10.2009

s 83

s 83(2) amended by 35/2009 s 52(1) 1.10.2009

s 83(2a) inserted by 34/2012 s 5 27.9.2012

s 83(4) inserted by 35/2009 s 52(2) 1.10.2009

Pt 11 Div 9

s 84

s 84(1) amended by 34/2023 s 39 11.4.2024

s 85

s 85(1)

serious incident amended by 35/2009 s 53 1.10.2009

s 85 substituted by 34/2023 s 40 11.4.2024

s 86

s 86(1) substituted by 34/2023 s 41(1) 11.4.2024

s 86(2) amended by 35/2009 s 54(1) 1.10.2009

s 86(5a) inserted by 34/2023 s 41(2) 11.4.2024

s 86(6) and (7) inserted by 35/2009 s 54(2) 1.10.2009

Pt 11 Div 9A inserted by 34/2023 s 42 14.12.2023

Pt 11 Div 10

s 86A inserted by 35/2009 s 55 1.10.2009

heading amended by 34/2023 s 43(1) 11.4.2024

s 86A(1) substituted by 34/2023 s 43(2) 11.4.2024

s 86A(2) deleted by 34/2023 s 43(2) 11.4.2024

s 86A(8) inserted by 34/2023 s 43(3) 11.4.2024

s 87 amended by 34/2023 s 44 11.4.2024

Pt 11 Div 11

s 88

s 88(1) amended by 34/2023 s 45(1) 11.4.2024

s 88(1a) inserted by 34/2023 s 45(2) 11.4.2024

s 88(2) amended by 34/2023 s 45(3) 11.4.2024

Pt 11 Div 12

s 91A inserted by 34/2023 s 46 11.4.2024

Pt 11 Div 12A inserted by 34/2023 s 47 11.4.2024

Pt 11 Div 14

s 93 amended by 34/2023 s 48 11.4.2024

Pt 12

Pt 12 Div 1

s 95

s 95(1) s 95 redesignated as s 95(1) by 34/2004 Sch 4 cl 37 2.9.2004

s 95(2) inserted by 34/2004 Sch 4 cl 37 2.9.2004

amended by 33/2019 Sch 5 cl 66 1.7.2020

Pt 12 Div 2

s 96 amended by 34/2023 s 49 11.4.2024

Pt 12 Div 2A inserted by 34/2023 s 50 11.4.2024

Pt 12 Div 3

heading amended by 34/2023 s 51 11.4.2024

s 97

s 97(4)—(6) inserted by 34/2023 s 52 11.4.2024

s 98 deleted by 34/2023 s 53 11.4.2024

Pt 12 Div 4

s 99 substituted by 34/2023 s 54 11.4.2024

s 100

s 100(1) amended by 35/2009 s 56 1.10.2009

amended by 34/2023 s 55(1) 11.4.2024

s 100(3) deleted by 34/2023 s 55(2) 11.4.2024

ss 101 and 102 substituted by 34/2023 s 56 11.4.2024

s 103 deleted by 34/2023 s 56 11.4.2024

s 103A inserted by 35/2003 Sch cl 19(b) 24.11.2003

substituted by 60/2007 Sch 1 cl 47 6.11.2008

s 103B inserted by 5/2005 Sch 2 (cl 57) 4.6.2005

deleted by 60/2007 Sch 1 cl 47 6.11.2008

s 105

heading amended by 34/2023 s 57(1) 11.4.2024

s 105(2) and (3) deleted by 34/2023 s 57(2) 11.4.2024

s 105(4) amended by 35/2009 s 57 1.10.2009

deleted by 34/2023 s 57(2) 11.4.2024

Pt 12 Div 4A inserted by 34/2023 s 58 11.4.2024

Pt 12 Div 5

s 106

s 106(2) substituted by 34/2023 s 59 11.4.2024

Pt 12 Div 6

ss 108 and 109 substituted by 34/2023 s 60 11.4.2024

s 110

heading amended by 34/2023 s 61(1) 11.4.2024

s 110(1)—(3) amended by 34/2023 s 61(2) 11.4.2024

s 111

s 111(1) amended by 35/2009 s 58 1.10.2009

s 111(2a) inserted by 34/2023 s 62 11.4.2024

Pt 13

s 112 amended by 35/2009 s 59 1.10.2009

Pt 14

s 120

s 120(2) amended by 34/2023 s 63(1) 11.4.2024

s 120(3) inserted by 34/2023 s 63(2) 11.4.2024

s 121

s 121(2) amended by 34/2023 s 64(1) 11.4.2024

s 121(3) amended by 34/2023 s 64(2) 11.4.2024

s 122

s 122(1) amended by 34/2023 s 65(1) 11.4.2024

s 122(2) amended by 34/2023 s 65(2) 11.4.2024

s 123

s 123(3) substituted by 35/2009 s 60 1.10.2009

Pt 15

heading substituted by 51/2017 s 192 22.2.2018

Pt 15 Div 1

s 124 amended by 34/2023 s 66(1), (2) 11.4.2024

Pt 15 Div 3 substituted by 51/2017 s 193 22.2.2018

Pt 16

ss 129 and 130 substituted by 34/2023 s 67 11.4.2024

s 130A inserted by 16/2001 s 8 14.6.2001

s 130A(3) amended by 35/2009 s 61 1.10.2009

s 132 deleted by 84/2009 s 262 1.2.2010

s 132 inserted by 34/2023 s 68 11.4.2024

s 135 substituted by 34/2023 s 69 11.4.2024

s 136

s 136(4) amended by 34/2023 s 70 11.4.2024

s 138 substituted by 34/2023 s 71 11.4.2024

Sch

s 1 omitted under Legislation Revision and Publication Act 2002 24.11.2003

s 2

s 2(1) s 2 redesignated as s 2(1) by 35/2009 s 62(1) 1.10.2009

s 2(2) inserted by 35/2009 s 62(1) 1.10.2009

s 4

s 4(4) and (5) inserted by 34/2012 s 6 25.9.2000

s 7

s 7(1) amended by 35/2009 s 62(2) 1.10.2009

Transitional etc provisions associated with Act or amendments

Statutes Amendment (Courts and Judicial Administration) Act 2001

27—Transitional provision
The amendments made to the principal Act by this Part—
(a)do not apply in respect of proceedings commenced before the commencement of the Part (and those proceedings may continue as if this Act had not been enacted); and
(b)apply in respect of proceedings commenced after the commencement of this Part (including proceedings in respect of a claim arising before the commencement of this Part).

Petroleum (Miscellaneous) Amendment Act 2009, Sch 1

3—Interpretation

In this Part—
gas storage tenement means—
(a)a gas storage exploration licence; or
(b)a gas storage retention licence; or
(c)a gas storage licence;
principal Act means the Petroleum Act 2000;
relevant day means a day appointed by proclamation as the relevant day for the purposes of the provision in which the term is used;
transitional tenement means—
(a)an exploration licence; or
(b)a retention licence; or
(c)a production licence,
held under the principal Act on the commencement of this clause.
In this Part, terms used have meanings consistent with the meanings they have in the principal Act.

4—Existing licences

On or after the relevant day, the Minister—
(a)may, on the Minister's own initiative; and
(b)must, on application by the holder of a transitional tenement,
issue a gas storage tenement that corresponds to the transitional tenement.
Until a gas storage tenement is issued under subclause (1) in relation to a transitional tenement—
(a)the person who was the holder of the transitional tenement immediately before the relevant day may undertake any operations relating to gas storage authorised under the transitional tenement; and
(b)the only application that may be made for a gas storage tenement in relation to any part of an area held under the transitional tenement is the holder of the transitional tenement.

(3)Subclauses (1) and (2) do not apply to a licence that has been granted in relation to a source of geothermal energy before the relevant day.

A gas storage tenement issued under subclause (1) will be subject to such conditions as the Minister thinks appropriate after taking into account the conditions attached to the relevant transitional tenement.
For the purposes of this clause—
(a)a gas storage exploration licence corresponds to an exploration licence; and
(b)a gas storage retention licence corresponds to a retention licence; and
(c)a gas storage licence corresponds to a production licence.

5—Existing applications

An application for an exploration licence, a retention licence or a production licence may, on the Minister's own initiative or on application, be varied and continue as if it were an application for a gas storage tenement as well and will be subject to the operation of the principal Act as amended by this Act.
Without limiting the operation of subclause (1), section 65(1a) of the principal Act, as enacted by this Act, will extend to an application for an exploration licence made before the relevant day (with any ranking determined from the day and the time that the application was received by the Minister under the principal Act before its amendment by this Act).

6—References to associated facilities licences
A reference in any agreement, instrument or other document to an associated facilities licence will be taken to be a reference to an associated activities licence.

Petroleum and Geothermal Energy (Transitional Licences) Amendment Act 2012, Sch 1

1—Transitional provisions

In this clause—
principal Act means the Petroleum and Geothermal Energy Act 2000.
Subsection (2a) of section 82 of the principal Act, as enacted by this Act, will be taken to extend to a consolidation of adjacent licence areas that occurred before the commencement of this Act and accordingly to any licence that relates to a consolidated licence area issued under that section before the commencement of this Act.
Subsection (2a) of section 83 of the principal Act, as enacted by this Act, will be taken to extend to a division of a licence area that occurred before the commencement of this Act and accordingly to any licence that relates to any new licence area issued under that section before the commencement of this Act.
The term of a licence within the ambit of subsection (4) of section 4 of the Schedule of the principal Act, as enacted by this Act, renewed or issued under the principal Act before the commencement of this Act will be 21 years (subject to any right of renewal under section 32 of the repealed Act and despite any provision made by regulation under the principal Act before the commencement of this Act).

Statutes Amendment (SACAT No 2) Act 2017, Pt 34

194—Transitional provisions

A right of appeal under section 128 of the principal Act in existence before the relevant day (but not exercised before that day) will be exercised as if this Part had been in operation before that right arose, so that the relevant proceedings may be commenced before the Tribunal rather than the District Court.
Nothing in this section affects any proceedings before the District Court commenced before the relevant day.
In this section—
principal Act means the Petroleum and Geothermal Energy Act 2000;
relevant day means the day on which this Part comes into operation;
Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.

Petroleum and Geothermal Energy (Energy Resources) Amendment Act 2023, Sch 1—Transitional and saving etc provisions

1—Interpretation

In this Schedule—
principal Act means the Petroleum and Geothermal Energy Act 2000;
relevant day means the day on which this Schedule comes into operation;
relevant period means the period beginning on the relevant day and ending on the day on which a revised statement of environmental objectives comes into force;
revised statement of environmental objectives means a statement of environmental objectives revised on or after the relevant day.
In this Schedule, terms used have the same meanings consistent with the meanings they have in the principal Act.

2—Serious incident
A serious incident as defined in section 85 of the principal Act as in force immediately before the relevant day, will, during the relevant period, be taken to be an immediately reportable incident within the meaning of section 85 of the principal Act as in force on or after the relevant day.
3—Fitness for purpose assessment
A fitness for purpose assessment carried out by a licensee under section 86A of the principal Act as in force immediately before the relevant day will, until 12 months after the relevant day, be taken to satisfy the requirements under section 86A of the principal Act as in force on or after the relevant day.
4—Statement of environmental objectives
A statement of environmental objectives in force under Part 12 of the principal Act immediately before the relevant day will, during the relevant period—
(a)continue to apply in relation to the carrying out of regulated activities by a licensee under the principal Act; and
(b)be subject to the operation of Part 12 of the principal Act as in force immediately after the relevant day (including requirements that apply in relation to a statement of environmental objectives that is revised or reviewed on or after the relevant day); and
(c)be taken to satisfy the requirements of Part 12 of the principal Act, subject to prescribed modifications.

5—Authorisation of withdrawal of regulated substance under gas storage licence

The Minister may, on or after the relevant day—
(a)on the Minister's own initiative; or
(b)on application by the holder of a gas storage licence,
authorise the holder of a gas storage licence granted under the principal Act before the relevant day to undertake operations for the withdrawal of a regulated substance (other than a naturally occurring underground accumulation of a regulated substance) from the natural reservoir in which it has been stored.
An application under subclause (1)(b) must be made in a manner and form determined by the Minister.
An authorisation under subclause (1)—
(a)must be issued to the holder of the relevant gas storage licence by written notice; and
(b)may be subject to such conditions specified in the notice of authorisation as the Minister thinks necessary consequent on the issuing of the authorisation.

6—Corresponding tenements

The Minister may, on or after the relevant day—
(a)on the Minister's own initiative; or
(b)on application by the holder of a designated tenement,
issue by written notice to the holder of a designated tenement a regulated substance tenement that corresponds to the designated tenement.
An application under subclause (1)(b) must be made in a manner and form determined by the Minister.
A regulated substance tenement issued under subclause (1) may be subject to such conditions as the Minister thinks necessary consequent on the issuing of the regulated substance tenement.
For the purposes of subclauses (1) to (3) (inclusive)—
(a)a regulated substance exploration licence corresponds to an exploration licence; and
(b)a regulated substance retention licence corresponds to a retention licence; and
(c)a regulated substance production licence corresponds to a production licence.
In this clause—
designated tenement means—
(a)an exploration licence; or
(b)a retention licence; or
(c)a production licence,
granted under the principal Act before the relevant day;
regulated substance tenement means—
(a)a regulated substance exploration licence; or
(b)a regulated substance retention licence; or
(c)a regulated substance production licence.

Historical versions

Retrospective amendment not included in Reprints 1—3 (see s 6 of 34/2012)
Reprint No 1—14.6.2001
Reprint No 2—3.2.2002
Reprint No 3—24.11.2003
2.9.2004
4.6.2005
6.11.2008
1.10.2009
1.2.2010
1.6.2010
16.6.2011
1.7.2011
27.9.2012
8.12.2016
22.2.2018
1.11.2018
1.7.2020
1.1.2021
14.12.2023
11.4.2024

Year	No	Title	Assent	Commencement
2000	60	Petroleum Act 2000	27.7.2000	25.9.2000 (Gazette 21.9.2000 p2042)
2001	16	Statutes Amendment (Avoidance of Duplication of Environmental Procedures) Act 2001	17.5.2001	Pt 6 (s 8)—14.6.2001 (Gazette 14.6.2001 p2221)
2001	69	Statutes Amendment (Courts and Judicial Administration) Act 2001	6.12.2001	Pt 11 (ss 26 & 27)—3.2.2002 (Gazette 24.1.2002 p346)
2003	35	River Murray Act 2003	31.7.2003	Sch (cl 19)—24.11.2003 (Gazette 20.11.2003 p4203)
2004	34	Natural Resources Management Act 2004	5.8.2004	Sch 4 (cl 37)—2.9.2004 (Gazette 2.9.2004 p3545)
2005	5	Adelaide Dolphin Sanctuary Act 2005	14.4.2005	Sch 2 (cll 54—57)—4.6.2005 (Gazette 2.6.2005 p1684)
2007	60	Marine Parks Act 2007	29.11.2007	Sch 1 (cll 44—47)—6.11.2008 (Gazette 6.11.2008 p5055)
2009	20	Crown Land Management Act 2009	4.6.2009	Sch 1 (cl 3)—1.6.2010 (Gazette 18.2.2010 p816)
2009	35	Petroleum (Miscellaneous) Amendment Act 2009	23.7.2009	Pt 2 (ss 4—62) & Sch 1 (cll 3—6)—1.10.2009 (Gazette 1.10.2009 p4764)
2009	84	Statutes Amendment (Public Sector Consequential Amendments) Act 2009	10.12.2009	Pt 110 (s 262)—1.2.2010 (Gazette 28.1.2010 p320)
2010	21	Mining (Miscellaneous) Amendment Act 2010	18.11.2010	Sch 1 (cl 1)—1.7.2011 (Gazette 9.6.2011 p2545)
2011	11	Statutes Amendment (Personal Property Securities) Act 2011	14.4.2011	Pt 21 (s 53)—16.6.2011 (Gazette 16.6.2011 p2610)
2012	34	Petroleum and Geothermal Energy (Transitional Licences) Amendment Act 2012	27.9.2012	27.9.2012 except s 6—25.9.2000: s 2
2016	57	Statutes Amendment (Budget 2016) Act 2016	8.12.2016	Pt 9 (ss 82—85)—8.12.2016: s 2(1)
2017	51	Statutes Amendment (SACAT No 2) Act 2017	28.11.2017	Pt 34 (ss 192 to 194)—22.2.2018 (Gazette 30.1.2018 p524)
2018	24	Petroleum and Geothermal Energy (Ban on Hydraulic Fracturing) Amendment Act 2018	1.11.2018	1.11.2018
2019	33	Landscape South Australia Act 2019	21.11.2019	Sch 5 (cll 65 & 66)—1.7.2020 (Gazette 25.6.2020 p3502)
2019	45	Supreme Court (Court of Appeal) Amendment Act 2019	19.12.2019	Sch 1 (cll 72 to 76)—1.1.2021 (Gazette 10.12.2020 p5638)
2023	34	Petroleum and Geothermal Energy (Energy Resources) Amendment Act 2023	23.11.2023	14.12.2023 (Gazette 14.12.2023 p4134) except ss 3 & 4, 6 to 41, 43 to 71 & Sch 1—11.4.2024 (Gazette 11.4.2024 p627)
2023	37	*Hydrogen and Renewable Energy Act 2023*	23.11.2023	*Sch 1 (cl 12)—11.7.2024 (Gazette 11.7.2024 p2114)*

Provision	How varied	Commencement
Long title	amended under Legislation Revision and Publication Act 2002	24.11.2003
amended by 34/2023 s 3	11.4.2024
Pt 1
Pt 1 Div 1
s 1	amended by 35/2009 s 4	1.10.2009
amended by 34/2023 s 4	11.4.2024
s 2	omitted under Legislation Revision and Publication Act 2002	24.11.2003
Pt 1 Div 2
s 3	amended by 35/2009 s 5	1.10.2009
substituted by 34/2023 s 5	14.12.2023
Pt 1 Div 3
s 4
s 4(1)
Adelaide Dolphin Sanctuary	inserted by 5/2005 Sch 2 (cl 54(1))	4.6.2005
authorised officer	amended by 34/2023 s 6(1)	11.4.2024
business day	deleted by 34/2023 s 6(2)	11.4.2024
competitive tender region	inserted by 35/2009 s 6(1)	1.10.2009
contravention	deleted by 34/2023 s 6(3)	11.4.2024
energy resource	inserted by 34/2023 s 6(4)	11.4.2024
environment	substituted by 34/2023 s 6(4)	11.4.2024
facility	inserted by 34/2023 s 6(5)	11.4.2024
geothermal energy	amended by 34/2023 s 6(6)	11.4.2024
highly prospective region	deleted by 35/2009 s 6(2)	1.10.2009
leading performance criteria	inserted by 34/2023 s 6(7)	11.4.2024
licence	amended by 35/2009 s 6(3), (4)	1.10.2009
amended by 34/2023 s 6(8)	11.4.2024
marine park	inserted by 60/2007 Sch 1 cl 44(1)	6.11.2008
Minister for the Adelaide Dolphin Sanctuary	inserted by 5/2005 Sch 2 (cl 54(2))	4.6.2005
deleted by 60/2007 Sch 1 cl 44(1)	6.11.2008
Murray-Darling Basin	inserted by 35/2003 Sch cl 19(a)	24.11.2003
natural reservoir	amended by 34/2023 s 6(9)	11.4.2024
occupier	deleted by 35/2009 s 6(5)	1.10.2009
owner	substituted by 35/2009 s 6(5)	1.10.2009
amended by 37/2023 Sch 1 cl 12	11.7.2024
petroleum	amended by 35/2009 s 6(6)	1.10.2009
pipeline	substituted by 34/2023 s 6(10)	11.4.2024
produce	deleted by 34/2023 s 6(11)	11.4.2024
producing a regulated resource	inserted by 34/2023 s 6(11)	11.4.2024
producing a regulated substance	inserted by 34/2023 s 6(11)	11.4.2024
prospectivity	amended by 34/2023 s 6(12)	11.4.2024
record	substituted by 34/2023 s 6(13)	11.4.2024
regulated resource	amended by 34/2023 s 6(14)	11.4.2024
regulated substance	amended by 35/2009 s 6(7)	1.10.2009
amended by 34/2023 s 6(15)	11.4.2024
relevant Act	inserted by 60/2007 Sch 1 cl 44(2)	6.11.2008
relevant court	amended by 69/2001 s 26	3.2.2002
amended by 45/2019 Sch 1 cl 72	1.1.2021
relevant Minister	inserted by 60/2007 Sch 1 cl 44(3)	6.11.2008
River Murray Protection Area	inserted by 60/2007 Sch 1 cl 44(4)	6.11.2008
specially protected area	inserted by 60/2007 Sch 1 cl 44(4)	6.11.2008
tenement	inserted by 35/2009 s 6(8)	1.10.2009
transmission pipeline	amended by 35/2009 s 6(9)	1.10.2009
substituted by 34/2023 s 6(16)	11.4.2024
s 4(2)	amended by 34/2023 s 6(17), (18)	11.4.2024
s 4(3)	inserted by 35/2009 s 6(10)	1.10.2009
Pt 1 Div 4
s 5
s 5(1)	amended by 34/2023 s 7(1)	11.4.2024
s 5(2)	amended by 34/2023 s 7(2)	11.4.2024
s 5(3)	inserted by 35/2009 s 7	1.10.2009
Pt 2
Pt 2 Div 1
s 6A	inserted by 5/2005 Sch 2 (cl 55)	4.6.2005
substituted by 60/2007 Sch 1 cl 45	6.11.2008
amended by 33/2019 Sch 5 cl 65	1.7.2020
s 7
s 7(1a)	inserted by 57/2016 s 82	8.12.2016
Pt 2 Div 2
s 8	substituted by 34/2023 s 8	11.4.2024
s 9
s 9(1)	amended by 34/2023 s 9(1)	11.4.2024
s 9(3)	inserted by 34/2023 s 9(2)	11.4.2024
Pt 2 Div 3	inserted by 34/2023 s 10	11.4.2024
Pt 3
Pt 3 Div 1
s 10
s 10(1)	amended by 35/2009 s 8	1.10.2009
substituted by 34/2023 s 11(1)	11.4.2024
s 10(2)	substituted by 34/2023 s 11(1)	11.4.2024
s 10(3)	amended by 34/2023 s 11(2), (4), (5)	11.4.2024
(b) deleted by 34/2023 s 11(3)	11.4.2024
(g), (h) deleted by 34/2023 s 11(5)	11.4.2024
(j) deleted by 34/2023 s 11(6)	11.4.2024
Pt 3 Div 1A	inserted by 24/2018 s 3	1.11.2018
Pt 3 Div 2
s 12
s 12(1)	s 12 redesignated as s 12(1) by 5/2005 Sch 2 (cl 56)	4.6.2005
s 12(2)—(4)	inserted by 5/2005 Sch 2 (cl 56)	4.6.2005
ceased to have effect and omitted under Legislation Revision and Publication Act 2002	6.11.2008
s 12(2) and (3)	inserted by 60/2007 Sch 1 cl 46	6.11.2008
s 13	amended by 35/2009 s 9(1), (2)	1.10.2009
amended by 34/2023 s 12	11.4.2024
s 13A	inserted by 11/2011 s 53	16.6.2011
Pt 3 Div 3
s 14
s 14(4)	inserted by 35/2009 s 10	1.10.2009
s 15
s 15(2)	amended by 35/2009 s 11	1.10.2009
Pt 4
Pt 4 Div 1
heading	substituted by 35/2009 s 12	1.10.2009
s 16
s 16(1)	amended by 35/2009 s 13(1)	1.10.2009
s 16(2)	amended by 35/2009 s 13(2)	1.10.2009
s 16	substituted by 34/2023 s 13	11.4.2024
Pt 4 Div 3
heading	substituted by 35/2009 s 14	1.10.2009
s 21	substituted by 35/2009 s 15	1.10.2009
s 21(1)	amended by 34/2023 s 14(1), (2)	11.4.2024
s 21(2)	amended by 34/2023 s 14(3), (4)	11.4.2024
s 21(3)	amended by 34/2023 s 14(5)	11.4.2024
s 22
s 22(1)	amended by 35/2009 s 16(1)—(3)	1.10.2009
substituted by 34/2023 s 15	11.4.2024
s 22(3)	amended by 35/2009 s 16(4)	1.10.2009
s 24
s 24(2)	substituted by 35/2009 s 17	1.10.2009
amended by 34/2023 s 16	11.4.2024
s 25
s 25(4)	amended by 35/2009 s 18(1)	1.10.2009
s 25(4a)	inserted by 35/2009 s 18(2)	1.10.2009
s 26
s 26(1)	amended by 34/2023 s 17	11.4.2024
s 26(2)	substituted by 35/2009 s 19(1)	1.10.2009
s 26(3)	amended by 35/2009 s 19(2)	1.10.2009
s 26(5a) and (5b)	inserted by 35/2009 s 19(3)	1.10.2009
s 27
s 27(1)	substituted by 35/2009 s 20(1)	1.10.2009
amended by 34/2023 s 18(1)	11.4.2024
s 27(1a)	inserted by 35/2009 s 20(1)	1.10.2009
s 27(2a)	inserted by 35/2009 s 20(2)	1.10.2009
amended by 34/2023 s 18(2)	11.4.2024
Pt 5
s 28	substituted by 35/2009 s 21	1.10.2009
s 28(1)	amended by 34/2023 s 19(1), (2)	11.4.2024
s 28(2)	amended by 34/2023 s 19(3)	11.4.2024
s 29	deleted by 35/2009 s 21	1.10.2009
s 30
s 30(1)	amended by 35/2009 s 22(1)	1.10.2009
amended by 34/2023 s 20(1)	11.4.2024
s 30(1a)	inserted by 35/2009 s 22(2)	1.10.2009
amended by 34/2023 s 20(2)	11.4.2024
s 31
s 31(1)	s 31 amended and redesignated as s 31(1) by 35/2009 s 23(1), (2)	1.10.2009
substituted by 34/2023 s 21	11.4.2024
s 31(2)	inserted by 35/2009 s 23(2)	1.10.2009
s 32
s 32(1)	amended by 34/2023 s 22	11.4.2024
s 32(3) and (4)	inserted by 35/2009 s 24	1.10.2009
s 33
s 33(4)	amended by 35/2009 s 25(1)	1.10.2009
s 33(5)	inserted by 35/2009 s 25(2)	1.10.2009
Pt 6
s 34	substituted by 35/2009 s 26	1.10.2009
s 34(1)	amended by 34/2023 s 23(1), (2)	11.4.2024
s 34(4)	substituted by 34/2023 s 23(3)	11.4.2024
s 34(4a)	inserted by 34/2023 s 23(3)	11.4.2024
s 35
s 35(1)	amended by 35/2009 s 27(1), (2)	1.10.2009
amended by 34/2023 s 24(1), (2)	11.4.2024
s 35(3)	amended by 35/2009 s 27(3), (4)	1.10.2009
s 35(3a)	inserted by 34/2023 s 24(3)	11.4.2024
s 35(4)	inserted by 35/2009 s 27(5)	1.10.2009
s 35(5)	inserted by 34/2023 s 24(4)	11.4.2024
s 36
s 36(1)	amended by 35/2009 s 28	1.10.2009
s 37
s 37(1)	s 37 amended and redesignated as s 37(1) by 35/2009 s 29(1), (2)	1.10.2009
amended by 34/2023 s 25	11.4.2024
s 37(2)	inserted by 35/2009 s 29(2)	1.10.2009
s 38
s 38(5)	inserted by 35/2009 s 30	1.10.2009
s 41
s 41(1)	amended by 35/2009 s 31	1.10.2009
s 42
s 42(1)	amended by 35/2009 s 32	1.10.2009
Pt 7
s 43
s 43(3)	amended by 35/2009 s 33(1)	1.10.2009
s 43(4)	amended by 57/2016 s 83(1)	8.12.2016
amended by 34/2023 s 26(1)	11.4.2024
s 43(5a)	inserted by 35/2009 s 33(2)	1.10.2009
amended by 57/2016 s 83(2)	8.12.2016
s 43(5b)	inserted by 35/2009 s 33(2)	1.10.2009
amended by 57/2016 s 83(3)	8.12.2016
s 43(8)	amended by 57/2016 s 83(4)	8.12.2016
s 43(9)	amended by 57/2016 s 83(5)	8.12.2016
s 43(10)	amended by 57/2016 s 83(6)	8.12.2016
amended by 45/2019 Sch 1 cl 73	1.1.2021
s 43(11)	amended by 57/2016 s 83(7)	8.12.2016
s 43(12)	inserted by 35/2009 s 33(3)	1.10.2009
s 43(13)	inserted by 34/2023 s 26(2)	11.4.2024
s 44
s 44(1)	amended by 57/2016 s 84(1)	8.12.2016
s 44(2)	amended by 57/2016 s 84(2)	8.12.2016
s 45	amended by 57/2016 s 85	8.12.2016
Pt 7A	inserted by 34/2023 s 27	11.4.2024
Pt 8
s 46
s 46(1)	amended by 35/2009 s 34(1)	1.10.2009
s 46(6)	inserted by 35/2009 s 34(2)	1.10.2009
s 48	amended by 34/2023 s 28	11.4.2024
s 55A	inserted by 35/2009 s 35	1.10.2009
Pt 9
heading	substituted by 35/2009 s 36	1.10.2009
s 56
s 56(1)	amended by 35/2009 s 37(1), (2)	1.10.2009
s 56(2)	amended by 35/2009 s 37(3)	1.10.2009
s 56(3)	amended by 35/2009 s 37(4)	1.10.2009
s 57
s 57(1)	substituted by 35/2009 s 38(1)	1.10.2009
s 57(2)	amended by 35/2009 s 38(2)	1.10.2009
s 58
s 58(1)	s 58 amended and redesignated as s 58(1) by 35/2009 s 39(1), (2)	1.10.2009
s 58(2)	inserted by 35/2009 s 39(2)	1.10.2009
s 59
s 59(1) and (2)	amended by 35/2009 s 40(1)	1.10.2009
s 59(3)	amended by 35/2009 s 40(1), (2)	1.10.2009
amended by 34/2023 s 29	11.4.2024
s 59(4)	amended by 35/2009 s 40(1)	1.10.2009
s 59(5) and (6)	amended by 35/2009 s 40(1)	1.10.2009
amended by 45/2019 Sch 1 cl 74	1.1.2021
Pt 9A	inserted by 35/2009 s 41	1.10.2009
s 59A	deleted by 34/2023 s 30	11.4.2024
s 59B
s 59B(1)	amended by 34/2023 s 31(1)	11.4.2024
s 59B(2)	amended by 34/2023 s 31(2)	11.4.2024
s 59C	deleted by 34/2023 s 32	11.4.2024
s 59D
s 59D(2)	amended by 34/2023 s 33(1), (2)	11.4.2024
s 59E
s 59E(3)	amended by 34/2023 s 34	11.4.2024
s 59E(5) and (6)	amended by 45/2019 Sch 1 cl 75	1.1.2021
Pt 10
s 61
s 61(1)	amended by 35/2009 s 42(1)	1.10.2009
s 61(3)	inserted by 35/2009 s 42(2)	1.10.2009
s 62
s 62(1)	amended by 35/2009 s 43(1)	1.10.2009
s 62(3)	amended by 35/2009 s 43(2)	1.10.2009
s 63
s 63(2)	amended by 35/2009 s 44(1), (2)	1.10.2009
s 63(3aa)	inserted by 21/2010 Sch 1 cl 1	1.7.2011
s 63(3a)	inserted by 35/2009 s 44(3)	1.10.2009
s 63(5)	substituted by 35/2009 s 44(4)	1.10.2009
s 63(6)	inserted by 35/2009 s 44(4)	1.10.2009
Pt 11
Pt 11 Div 1
s 65
s 65(1)	amended by 34/2023 s 35(1)—(3)	11.4.2024
s 65(1a)—(1c)	inserted by 35/2009 s 45(1)	1.10.2009
s 65(2)	amended by 34/2023 s 35(4), (5)	11.4.2024
s 65(6)	amended by 35/2009 s 45(2), (3)	1.10.2009
Pt 11 Div 2
s 68
s 68(1)	substituted by 35/2009 s 46(1)	1.10.2009
s 68(2)	deleted by 35/2009 s 46(1)	1.10.2009
s 68(5)	inserted by 35/2009 s 46(2)	1.10.2009
s 69
s 69(1)	s 69 amended and redesignated as s 69(1) by 35/2009 s 47(1), (2)	1.10.2009
amended by 34/2023 s 36	11.4.2024
s 69(2)	inserted by 35/2009 s 47(2)	1.10.2009
Pt 11 Div 3
s 73A	inserted by 34/2023 s 37	11.4.2024
s 74
s 74(1), (2), (3) and (5)	amended by 35/2009 s 48	1.10.2009
s 76A	inserted by 35/2009 s 49	1.10.2009
s 77	amended by 34/2023 s 38	11.4.2024
Pt 11 Div 5
s 79
s 79(1)	amended by 35/2009 s 50(1)	1.10.2009
s 79(5)	amended by 35/2009 s 50(2)	1.10.2009
s 79(6)	amended by 45/2019 Sch 1 cl 76	1.1.2021
Pt 11 Div 6
s 80
s 80(1)	amended by 20/2009 Sch 1 cl 3	1.6.2010
Pt 11 Div 8
s 82
s 82(2)	substituted by 34/2012 s 4	27.9.2012
s 82(2a)	inserted by 34/2012 s 4	27.9.2012
s 82(3)	substituted by 35/2009 s 51	1.10.2009
s 83
s 83(2)	amended by 35/2009 s 52(1)	1.10.2009
s 83(2a)	inserted by 34/2012 s 5	27.9.2012
s 83(4)	inserted by 35/2009 s 52(2)	1.10.2009
Pt 11 Div 9
s 84
s 84(1)	amended by 34/2023 s 39	11.4.2024
s 85
s 85(1)
serious incident	amended by 35/2009 s 53	1.10.2009
s 85	substituted by 34/2023 s 40	11.4.2024
s 86
s 86(1)	substituted by 34/2023 s 41(1)	11.4.2024
s 86(2)	amended by 35/2009 s 54(1)	1.10.2009
s 86(5a)	inserted by 34/2023 s 41(2)	11.4.2024
s 86(6) and (7)	inserted by 35/2009 s 54(2)	1.10.2009
Pt 11 Div 9A	inserted by 34/2023 s 42	14.12.2023
Pt 11 Div 10
s 86A	inserted by 35/2009 s 55	1.10.2009
heading amended by 34/2023 s 43(1)	11.4.2024
s 86A(1)	substituted by 34/2023 s 43(2)	11.4.2024
s 86A(2)	deleted by 34/2023 s 43(2)	11.4.2024
s 86A(8)	inserted by 34/2023 s 43(3)	11.4.2024
s 87	amended by 34/2023 s 44	11.4.2024
Pt 11 Div 11
s 88
s 88(1)	amended by 34/2023 s 45(1)	11.4.2024
s 88(1a)	inserted by 34/2023 s 45(2)	11.4.2024
s 88(2)	amended by 34/2023 s 45(3)	11.4.2024
Pt 11 Div 12
s 91A	inserted by 34/2023 s 46	11.4.2024
Pt 11 Div 12A	inserted by 34/2023 s 47	11.4.2024
Pt 11 Div 14
s 93	amended by 34/2023 s 48	11.4.2024
Pt 12
Pt 12 Div 1
s 95
s 95(1)	s 95 redesignated as s 95(1) by 34/2004 Sch 4 cl 37	2.9.2004
s 95(2)	inserted by 34/2004 Sch 4 cl 37	2.9.2004
amended by 33/2019 Sch 5 cl 66	1.7.2020
Pt 12 Div 2
s 96	amended by 34/2023 s 49	11.4.2024
Pt 12 Div 2A	inserted by 34/2023 s 50	11.4.2024
Pt 12 Div 3
heading	amended by 34/2023 s 51	11.4.2024
s 97
s 97(4)—(6)	inserted by 34/2023 s 52	11.4.2024
s 98	deleted by 34/2023 s 53	11.4.2024
Pt 12 Div 4
s 99	substituted by 34/2023 s 54	11.4.2024
s 100
s 100(1)	amended by 35/2009 s 56	1.10.2009
amended by 34/2023 s 55(1)	11.4.2024
s 100(3)	deleted by 34/2023 s 55(2)	11.4.2024
ss 101 and 102	substituted by 34/2023 s 56	11.4.2024
s 103	deleted by 34/2023 s 56	11.4.2024
s 103A	inserted by 35/2003 Sch cl 19(b)	24.11.2003
substituted by 60/2007 Sch 1 cl 47	6.11.2008
s 103B	inserted by 5/2005 Sch 2 (cl 57)	4.6.2005
deleted by 60/2007 Sch 1 cl 47	6.11.2008
s 105
heading	amended by 34/2023 s 57(1)	11.4.2024
s 105(2) and (3)	deleted by 34/2023 s 57(2)	11.4.2024
s 105(4)	amended by 35/2009 s 57	1.10.2009
deleted by 34/2023 s 57(2)	11.4.2024
Pt 12 Div 4A	inserted by 34/2023 s 58	11.4.2024
Pt 12 Div 5
s 106
s 106(2)	substituted by 34/2023 s 59	11.4.2024
Pt 12 Div 6
ss 108 and 109	substituted by 34/2023 s 60	11.4.2024
s 110
heading	amended by 34/2023 s 61(1)	11.4.2024
s 110(1)—(3)	amended by 34/2023 s 61(2)	11.4.2024
s 111
s 111(1)	amended by 35/2009 s 58	1.10.2009
s 111(2a)	inserted by 34/2023 s 62	11.4.2024
Pt 13
s 112	amended by 35/2009 s 59	1.10.2009
Pt 14
s 120
s 120(2)	amended by 34/2023 s 63(1)	11.4.2024
s 120(3)	inserted by 34/2023 s 63(2)	11.4.2024
s 121
s 121(2)	amended by 34/2023 s 64(1)	11.4.2024
s 121(3)	amended by 34/2023 s 64(2)	11.4.2024
s 122
s 122(1)	amended by 34/2023 s 65(1)	11.4.2024
s 122(2)	amended by 34/2023 s 65(2)	11.4.2024
s 123
s 123(3)	substituted by 35/2009 s 60	1.10.2009
Pt 15
heading	substituted by 51/2017 s 192	22.2.2018
Pt 15 Div 1
s 124	amended by 34/2023 s 66(1), (2)	11.4.2024
Pt 15 Div 3	substituted by 51/2017 s 193	22.2.2018
Pt 16
ss 129 and 130	substituted by 34/2023 s 67	11.4.2024
s 130A	inserted by 16/2001 s 8	14.6.2001
s 130A(3)	amended by 35/2009 s 61	1.10.2009
s 132	deleted by 84/2009 s 262	1.2.2010
s 132	inserted by 34/2023 s 68	11.4.2024
s 135	substituted by 34/2023 s 69	11.4.2024
s 136
s 136(4)	amended by 34/2023 s 70	11.4.2024
s 138	substituted by 34/2023 s 71	11.4.2024
Sch
s 1	omitted under Legislation Revision and Publication Act 2002	24.11.2003
s 2
s 2(1)	s 2 redesignated as s 2(1) by 35/2009 s 62(1)	1.10.2009
s 2(2)	inserted by 35/2009 s 62(1)	1.10.2009
s 4
s 4(4) and (5)	inserted by 34/2012 s 6	25.9.2000
s 7
s 7(1)	amended by 35/2009 s 62(2)	1.10.2009