Mineral and Energy Resources and Other Legislation Amendment Act 2024 (Qld)

The Parliament of Queensland enacts—

Part 1    Preliminary

1   Short title

This Act may be cited as the Mineral and Energy Resources and Other Legislation Amendment Act 2024.

2   Commencement

The following provisions commence on a day to be fixed by proclamation—

(a)part 3;

(b)part 5;

(ba)sections 36 and 37;

(bb)parts 7 to 10;

(bc)sections 150 to 156, 158 to 162, 163, 164 and 165 to 170;

(bd)section 171, to the extent it inserts section 1043;

(be)section 173(1) and (2);

(c)part 14;

(d)schedule 1, part 2.

Part 1A    Amendment of Corrective Services Act 2006

2A   Act amended

This part amends the Corrective Services Act 2006.

2B   Omission of s 177 (When exceptional circumstances parole order may start)

Section 177—
omit.

2C   Amendment of s 180 (Applying for parole order etc.)

Section 180(4)—
omit.

2D   Amendment of s 193 (Deciding parole applications—general)

Section 193—
insert—

(9)If the parole board decides to grant the application, the parole order starts on the day stated in the order (the start day).

(10)If the application for a parole order was made under section 176, the start day must not be more than 14 days after the date of the parole order.

(11)If the application for a parole order was made under section 180, the start day must be—

(a)for a parole order made more than 14 days before the prisoner’s parole eligibility date—the parole eligibility date; or

(b)otherwise, a day that is—

(i)on or after the prisoner’s parole eligibility date; and

(ii)not more than 14 days after the date of the parole order.

2E   Amendment of s 208 (Reconsidering decision to suspend or cancel parole order)

Section 208(3), after ‘the day’—
insert—

, not more than 14 days after the day the changed decision is made,

2F   Insertion of new ch 7A, pt 19

Chapter 7A—
insert—

Part 19    Declaratory and validation provisions for Mineral and Energy Resources and Other Legislation Amendment Act 2024

490ZN    Start of parole orders

(1)This section applies to a decision of the parole board under section 193, made before the commencement, that—

(a)granted an application for a parole order; and

(b)stated a day on which the order started.

(2)The decision is not to be taken to be invalid only because the stated day on which the order started was later than the day the decision was made.

490ZO Particular parole board appointments   

(1)This section applies in relation to a person who, during the relevant period, was appointed under former section 228 to act in the office of a professional board member.

(2)It is declared that—

(a)despite former section 228 and the terms of the person’s appointment, the person is taken to have been validly appointed to act in the office at all times during the relevant period; and

(b)each relevant exercise of power by the person is, and always has been, as valid as it would be or would have been had the person been validly appointed to act in the office at all times during the relevant period; and

(c)anything done by an entity relying on a decision made, or other thing done, during the relevant period by the parole board is, and always has been, as valid as it would be or would have been had the person been validly appointed to act in the office when the decision was made or other thing done.

Example of a thing done by an entity—

executing a warrant

(3)In this section—

done includes purportedly done.

exercise or performance includes purported exercise or performance.

former section 228, in relation to an appointment, means section 228 as in force at the time of the appointment.

made includes purportedly made.

relevant exercise of power means an exercise or performance, during the relevant period, of a power or function conferred on a board member by this Act (including the making of a decision).

relevant period means the period from 3 July 2017 to 5 June 2024.

Part 2    Amendment of Electricity Act 1994

3   Act amended

This part amends the Electricity Act 1994.

4   Amendment of s 116 (Authority to acquire land)

(1)Section 116, ‘acquire’—
omit, insert—

take

(2)Section 116(4), ‘The Acquisition of Land Act 1967 applies’—
omit, insert—

The process for the taking of land and the payment of compensation for taking land under the Acquisition of Land Act 1967, part 2, divisions 2 and 3, and parts 3 and 4, applies

(3)Section 116—
insert—

(4A)Also, the Acquisition of Land Act 1967, sections 36 and 37 apply in relation to the taking of land under subsection (4) as if the authorised electricity entity were exercising its power to take land, as a constructing authority, under that Act.

(4)Section 116—
insert—

(5A)An authorised electricity entity acting under an authority given, or taken to be given, under subsection (1) may take land under the authority even if another entity may derive a benefit from any action taken on the land after it is taken.

(5)Section 116(6), ‘acquisition’—
omit, insert—

taking

(6)Section 116—
insert—

(7A)Also, to remove any doubt, it is declared that the taking of land under an authority granted under this section is not a taking of land under the Acquisition of Land Act 1967.

5   Insertion of new ch 14, pt 20

Chapter 14—
insert—

Part 20    Validation provision for Mineral and Energy Resources and Other Legislation Amendment Act 2024

362    Validation of acquisitions of land

(1)This section applies if—

(a)before the commencement, land was taken by an authorised electricity entity under former section 116; and

(b)the taking of land would have been valid and lawful if it had been made after the commencement of new section 116.

(2)The taking of land by the authorised electricity entity is taken to be, and always to have been, valid and lawful.

(3)Also, anything done or purportedly done as a result of, or in reliance on, the taking of the land is taken to be, and always to have been, as valid and lawful as it would have been if, at the time it was done, new section 116 had been in force.

(4)To remove any doubt, it is declared that subsection (2) applies even if another entity has derived a benefit from any action taken on the land after it was taken.

(5)In this section—

former section 116 means section 116 as in force before the commencement.

new section 116 means section 116 as in force on the commencement.

Part 2A    Amendment of Environmental Protection Act 1994

5A   Act amended

This part amends the Environmental Protection Act 1994.

5B   Amendment of s 206 (Environmental authority for particular resource activities includes condition prohibiting use of restricted stimulation fluids)

(1)Section 206, heading—
omit, insert—

206   Environmental authorities for particular resource activities includes particular conditions

(2)Section 206(1) to (3)—
omit, insert—

(1)An environmental authority issued for a resource activity other than a mining activity is taken to include a condition prohibiting the use of restricted stimulation fluids.

Example of the use of restricted stimulation fluids—

the use of hydrocarbon chemicals to stimulate the fracturing of coal seams

(2)Also, an environmental authority issued for a petroleum activity is taken to include a condition prohibiting the injection of a GHG stream into the Great Artesian Basin for the purpose of enhanced petroleum recovery.

(3)A condition mentioned in subsection (1) or (2) is taken to be a standard condition imposed on the environmental authority.

5C   Amendment of s 225 (Amendment application can not be made in particular circumstances)

Section 225—
insert—

(4)Despite section 224, an amendment application for an environmental authority for a petroleum activity can not be made if the proposed amendment would allow the carrying out of an activity under the authority that is, or involves, the injection of a GHG stream into the Great Artesian Basin for the purpose of enhanced petroleum recovery.

5D   Insertion of new ch 13, pt 33

Chapter 13—
insert—

Part 33    Transitional provisions for Mineral and Energy Resources and Other Legislation Amendment Act 2024

818   Definitions for part

In this part—

former authority see section 819(1).

new, for a provision of this Act, means the provision as in force from the commencement.

relevant amendment means an amendment of this Act by the Mineral and Energy Resources and Other Legislation Amendment Act 2024, part 2A.

819   Ending of particular environmental authorities

(1)On the commencement, both of the following environmental authorities (each a former authority) are ended—

(a)the environmental authority with the environmental authority number ‘EPPG00646913’;

(b)the environmental authority with the environmental authority number ‘P-EA-100365782’.

(2)Subsections (3) and (4) apply in relation to the former authority mentioned in subsection (1)(a).

(3)Despite subsection (1), conditions 58 to 60 of the former authority continue to apply as if the authority had not ended.

Note—

See the GHG storage Act, section 459 in relation to a right of entry to facilitate compliance with conditions 58 to 60.

(4)Until conditions 58 to 60 have been complied with, the administering authority for the former authority must not give a notice, mentioned in the Mineral and Energy Resources (Financial Provisioning) Act 2018, section 58(4), for the former authority.

820    Applications made before commencement

(1)This section applies in relation to each of the following applications (each a relevant application) made before the commencement—

(a)an application for an environmental authority for a GHG storage activity if the relevant tenure for the application is a relevant proposed GHG permit;

(b)an amendment application mentioned in new section 225(4);

(c)an amendment application for a former authority.

(2)If the relevant application was not decided before the commencement, the relevant application is taken to be withdrawn on the commencement.

(3)Subsections (4) and (5) apply if—

(a)an original decision was made in relation to the relevant application before the commencement; and

(b)no review decision for the original decision was made before the commencement.

(4)If, on the commencement, the review application period for the original decision has not ended, the review application period for the original decision is taken to have ended.

(5)If, on the commencement, an application for review of the original decision has not been finally dealt with, the application for review is taken to be withdrawn.

(6)Subsections (7) and (8) apply if—

(a)an original decision was made in relation to the relevant application before the commencement; and

(b)a review decision for the original decision was made before the commencement.

(7)If, on the commencement, the appeal period for the review decision has not ended, the appeal period for the review decision is taken to have ended.

(8)If, on the commencement, an appeal against the review decision has not been finally dealt with—

(a)the appeal is taken to be withdrawn; and

(b)if a court has started to hear the appeal—the court must stop hearing the appeal.

(9)In this section—

appeal period, for a review decision, means the period mentioned in section 525 or 532(2) or (3).

CTSCo means Carbon Transport and Storage Corporation (CTSCo) Pty Limited ACN 143 012 971.

Origin means Origin Energy Future Fuels Pty Ltd ACN 105 431 534.

relevant proposed GHG permit means each of the following proposed GHG permits—

(a)the proposed GHG permit applied for by CTSCo and described as ‘EPQ12’;

(b)the proposed GHG permit applied for by Origin and described as ‘EPQ16’;

(c)the proposed GHG permit applied for by Origin and described as ‘EPQ17’.

review application period, for an original decision, see section 521(2)(a).

821   Application of new s 206 to environmental authorities issued before commencement

(1)This section applies in relation to an environmental authority issued before the commencement (the existing environmental authority).

(2)New section 206 applies in relation to the existing environmental authority.

(3)Despite section 210, if there is any inconsistency between the condition imposed under new section 206(2) (the new condition) and another condition of the existing environmental authority, the new condition prevails to the extent of the inconsistency.

822    No compensation payable by the State

(1)No compensation is payable by the State to any person for or in connection with the enactment or operation of a relevant amendment or anything done to carry out or give effect to a relevant amendment.

(2)This section applies despite any other Act or law.

823   Transitional regulation-making power

(1)A regulation (a transitional regulation) may make provision about a matter for which—

(a)it is necessary to make provision to allow or facilitate the doing of anything to achieve the transition—

(i)from the operation of this Act as in force before the commencement of a relevant amendment; and

(ii)to the operation of this Act as in force after the commencement of the relevant amendment; and

(b)this Act does not provide or sufficiently provide.

(2)A transitional regulation may have retrospective operation to a day not earlier than the day the relevant amendment commences.

(3)A transitional regulation must declare it is a transitional regulation.

(4)This section and any transitional regulation expire on the day that is 3 years after the day this section commences.

5E   Amendment of sch 4 (Dictionary)

Schedule 4—
insert—

enhanced petroleum recovery see the GHG storage Act, schedule 2.

GHG stream see the GHG storage Act, section 12.

Great Artesian Basin see the GHG storage Act, schedule 2.

Part 3    Amendment of Fossicking Act 1994

6   Act amended

This part amends the Fossicking Act 1994.

7   Amendment of s 3 (Definitions)

(1)Section 3—
insert—

licensee—

(a)means the holder of a licence; and

(b)for part 3, division 2—see section 24.

(2)Section 3, definition protected area, paragraph (b), ‘an area of regional interest’—
omit, insert—

a strategic environmental area

8   Replacement of s 24 (Meaning of licensee in division)

Section 24—
omit, insert—

24   Meaning of licensee

In this division, licensee includes—

(a)a member of a club that holds a licence; and

(b)a member of a commercial tour group if the commercial tour operator for the commercial tour holds a licence; and

(c)a member of an educational organisation that holds a licence; and

(d)a member of a licensee’s family, other than a licensee mentioned in any of paragraphs (a) to (c).

9   Amendment of s 25 (Licence needed to fossick)

Section 25(1)—
omit, insert—

(1)A person must not fossick for fossicking materials unless the person is a licensee.

Maximum penalty—50 penalty units.

10   Amendment of s 27 (Licensee must get permission to fossick on occupied land etc.)

(1)Section 27, heading—
omit, insert—

27   Permission required to fossick on particular land

(2)Section 27(1)—
insert—

(ba) on land the subject of an application for a mining lease under the Mineral Resources Act 1989 without the applicant’s written permission; or

(3)Section 27(1)(ba) to (d)—
renumber as section 27(1)(c) to (e).

(4)Section 27(3)—
omit, insert—

(3)A person who has given permission for a licensee to fossick on land as mentioned in subsection (1) may, by written notice given to the holder of the licence, withdraw the permission.

(3A)However, the person must give a licensee on the land reasonable written notice of the withdrawal.

(5)Section 27(5), ‘Subsection (4)’—
omit, insert—

Subsection (5)

(6)Section 27(5), ‘the permitter’—
omit, insert—

a person

(7)Section 27(6)—
insert—

native title holder means a native title holder under the Native Title Act 1993 (Cwlth).

(8)Section 27(3A) to (6)—
renumber as section 27(4) to (7).

Part 4    Amendment of Gasfields Commission Act 2013

11   Act amended

This part amends the Gasfields Commission Act 2013.

Note—

See also the amendments in schedule 1, part 1.

12   Amendment of long title

Long title, ‘the Gasfields Commission’—
omit, insert—

Coexistence Queensland

13   Amendment of s 1 (Short title)

Section 1, ‘Gasfields Commission Act 2013’—
omit, insert—

Coexistence Queensland Act 2013

14   Amendment of s 3 (Purpose)

(1)Section 3, ‘the Gasfields Commission’—
omit, insert—

Coexistence Queensland

(2)Section 3, from ‘and the’—
omit, insert—

, the resources industry and the renewable energy industry.

15   Amendment of s 6 (Establishment of commission)

(1)Section 6, heading, ‘commission’—
omit, insert—

Coexistence Queensland

(2)Section 6, ‘The Gasfields Commission’—
omit, insert—

Coexistence Queensland

16   Replacement of s 7 (Commission’s functions)

Section 7—
omit, insert—

7   Coexistence Queensland’s functions

(1)Coexistence Queensland has the following functions—

(a)facilitating better relationships between landholders, regional communities, the resources industry and the renewable energy industry;

(b)providing a central point of contact for enquiries about matters affecting the sustainable coexistence of landholders, regional communities, the resources industry and the renewable energy industry;

(c)in response to requests for advice from the chief executive under the Regional Planning Interests Act 2014 about assessment applications under that Act, advising that chief executive about the ability of landholders, regional communities and the resources industry to coexist within the area the subject of the application;

(d)providing advice to the Minister, other Ministers, government entities or other stakeholders about matters relating to the sustainable coexistence of landholders, regional communities, the resources industry and the renewable energy industry, including—

(i)emerging issues about those matters; and

(ii)leading practice about those matters;

(e)partnering with appropriate entities to deliver educational resources and other information about health and wellbeing matters relating to the sustainable coexistence of landholders, regional communities, the resources industry and the renewable energy industry;

(f)facilitating appropriate entities to undertake community engagement and participation in community initiatives about assessing health and wellbeing concerns relating to activities carried out in the resources industry or the renewable energy industry;

(g)publishing educational resources and other information about the sustainable coexistence of landholders, regional communities, the resources industry and the renewable energy industry;

(h)any other function given to Coexistence Queensland under this Act or another Act;

(i)partnering with appropriate entities for the purpose of conducting research related to a function mentioned in any of paragraphs (a) to (h).

(2)In this section—

appropriate entities includes, for example—

(a)a government department, or agency, of Queensland or elsewhere; and

(b)an entity that is performing or has performed an independent academic or scientific study.

17   Replacement of s 9 (Membership of commission)

Section 9—
omit, insert—

9   Membership of Coexistence Queensland

Coexistence Queensland consists of—

(a)a full-time or part-time member, who is the chairperson; and

(b)up to 6 part-time members.

18   Amendment of s 9A (Appointment as a commissioner)

(1)Section 9A, heading and subsection (1), ‘commissioner’—
omit, insert—

member

(2)Section 9A(2), ‘to the commission’—
omit, insert—

to Coexistence Queensland

(3)Section 9A(2)(b)—
omit, insert—

(b)Coexistence Queensland will include—

(i)a member who has knowledge of, or experience with, the interests of landholders; and

(ii)a member who has knowledge of, or experience with, the interests of communities in which the resources industry or the renewable energy industry operates; and

(iii)a member who has knowledge of, or experience with, the resources industry; and

(iv)a member who has knowledge of, or experience with, the renewable energy industry; and

(c)the members reflect the diversity of the Queensland community involved in matters relating to the sustainable coexistence of landholders, regional communities, the resources industry and the renewable energy industry.

(4)Section 9A(3)—
omit, insert—

(3)The performance of Coexistence Queensland’s function mentioned in section 7(1)(c) is not invalid for the purposes of the Regional Planning Interests Act 2014 only because of a defect or irregularity in the appointment of a member or because Coexistence Queensland was not properly constituted.

19   Replacement of s 10 (Eligibility for appointment as a commissioner)

Section 10—
omit, insert—

10   Eligibility for appointment as a member

A person is eligible for appointment as a member if the person has qualifications or experience in any of the following—

(a)the resources industry;

(b)the renewable energy industry;

(c)a branch of science relating to activities carried out as part of the resources industry or the renewable energy industry, or the impact of those activities on the environment;

(d)legal practice relevant to activities carried out as part of the resources industry or the renewable energy industry;

(e)negotiations between landholders and the resources industry or the renewable energy industry;

(ea)the agricultural industry;

(f)land management;

(g)land valuation;

(h)community development;

(i)the financial and business sector.

20   Amendment of s 20 (Commission board meetings)

(1)Section 20, heading, ‘Commission board’—
omit, insert—

Coexistence Queensland

(2)Section 20, ‘commissioners (a commission board meeting)’—
omit, insert—

members (a Coexistence Queensland meeting)

21   Amendment of s 23 (Power to require particular information from government entities)

(1)Section 23(1)(a), ‘onshore gas industry’—
omit, insert—

resources industry or the renewable energy industry

(2)Section 23(1)(b), ‘the commission’—
omit, insert—

Coexistence Queensland

(3)Section 23(3)(c), ‘commissioner’—
omit, insert—

chairperson

22   Omission of s 25 (Compulsory consultation)

Section 25—
omit.

23   Amendment of pt 3, div 2, hdg (Powers relating to landholders, onshore gas operators and other entities)

Part 3, division 2, heading, ‘landholders, onshore gas operators and other’—
omit, insert—

prescribed

24   Amendment of s 26 (Power to require particular information from prescribed entities)

(1)Section 26(1)(a), from ‘the commission’ to ‘the commission’s’—
omit, insert—

Coexistence Queensland reasonably requires for the effective and efficient carrying out of Coexistence Queensland’s

(2)Section 26(3)(c), ‘commissioner’—
omit, insert—

chairperson

(3)Section 26—
insert—

(5)In this section—

prescribed entity means—

(a)a landholder; or

(b)a resource authority holder; or

(c)a renewable energy entity; or

(d)a company engaged under a written agreement to carry out an activity, on behalf of a resource authority holder or a renewable energy entity, that is part of the resources industry or the renewable energy industry.

renewable energy entity means an entity that carries out an activity that is part of the renewable energy industry.

resource authority holder means the holder of a resource authority.

25   Replacement of s 29 (Gasfields community leaders council)

Section 29—
omit, insert—

29   Community leaders council

(1)Coexistence Queensland must establish a committee, and may establish more than 1 committee, (each a community leaders council) for the purpose of assisting Coexistence Queensland to identify issues affecting the coexistence of landholders, regional communities, the resources industry and the renewable energy industry.

(2)A community leaders council is to consist of the chief executive officer and other individuals Coexistence Queensland is satisfied represent local governments, regional communities, the agricultural industry, the resources industry and the renewable energy industry.

(3)The chief executive officer is to preside at meetings of a community leaders council.

26   Omission of s 40 (Summary offences)

Section 40—
omit.

27   Amendment of pt 7, hdg (Transitional provisions for Gasfields Commission and Other Legislation Amendment Act 2017)

Part 7, heading, ‘for Gasfields Commission and Other Legislation Amendment Act 2017’—
omit.

28   Insertion of new pt 7, div 1, hdg

Before section 47—
insert—

Division 1 Transitional provisions for Gasfields Commission and Other Legislation Amendment Act 2017

29   Amendment of s 47 (Definitions for part)

(1)Section 47, heading, ‘part’—
omit, insert—

division

(2)Section 47, before definition amending Act—
insert—

In this division—

30   Insertion of new pt 7, div 2

Part 7—
insert—

Division 2 Transitional provisions for Mineral and Energy Resources and Other Legislation Amendment Act 2024

51   Change in name of Coexistence Queensland

(1)To remove any doubt, it is declared that the amendment of section 6 by the Mineral and Energy Resources and Other Legislation Amendment Act 2024 has effect only to change the name of the entity that is Coexistence Queensland, and does not establish a new entity.

(2)A reference in an instrument to the Gasfields Commission may, if the context permits, be taken to be a reference to Coexistence Queensland.

52   Continuation of particular former functions for 1-year period

(1)This section applies if Coexistence Queensland has started, but not finished, carrying out a former function before the commencement.

(2)Coexistence Queensland may continue to carry out the former function as if the Mineral and Energy Resources and Other Legislation Amendment Act 2024 had not been enacted.

(3)However, Coexistence Queensland must finish carrying out the former function within 1 year after the commencement.

(4)In this section—

former function means a function under section 7(1)(b), (e) or (f) or 25 as in force immediately before the commencement.

53   Continuation of commissioners as members

(1)A person who was a commissioner immediately before the commencement continues as a member until the person’s appointment as a member ends under this Act.

(2)A reference in an instrument to a commissioner may, if the context permits, be taken to be a reference to a member.

54   Minister may remove existing members

(1)The Minister may, within 1 year after the commencement, remove an existing member from office as a member by notice given to the member.

(2)In deciding whether to remove an existing member from office, the Minister must have regard to the matters mentioned in section 9A(2).

(3)If the Minister decides to remove an existing member from office by notice given under subsection (1), the removal takes effect on the day stated in the notice, which must not be earlier than the day the notice is given to the member.

(4)No compensation is payable to a person who is removed from office under this section.

(5)To remove any doubt, it is declared that subsection (4) does not limit or otherwise affect a person’s right to a benefit or an entitlement that has accrued before the person is removed from office under this section.

(6)In this section—

existing member means a person who continues as a member under section 53.

55   Continuation of gasfields community leaders council as community leaders council

The gasfields community leaders council in existence immediately before the commencement continues as a community leaders council under section 29.

31   Amendment of sch 1 (Dictionary)

(1)Schedule 1, definitions commission, commission board meeting, commissioner, onshore gas industry, onshore gas operator, petroleum, prescribed entity and resources industry—
omit.

(2)Schedule 1—
insert—

agricultural industry means the industry involved in the carrying out in Queensland of an activity related to the use of land for agricultural purposes.

Coexistence Queensland means Coexistence Queensland established under section 6.

Coexistence Queensland meeting see section 20.

member means a person appointed as a member of Coexistence Queensland under section 9A.

renewable energy industry means the industry involved in the carrying out in Queensland of the following activities—

(a)generating electricity from a renewable energy source;

(b)transmitting or supplying electricity generated from a renewable energy source;

(c)storing energy generated from a renewable energy source.

renewable energy source means a source of renewable energy other than a source prescribed by regulation.

Examples of sources of renewable energy—

solar, wind, biomass, geothermal, hydropower

resource authority see the Mineral and Energy Resources (Common Provisions) Act 2014, section 10.

resources industry means the industry involved in the carrying out in Queensland of an activity for which a resource authority is required to lawfully carry out.

Part 5    Amendment of Geothermal Energy Act 2010

32   Act amended

This part amends the Geothermal Energy Act 2010.

Note—

See also the amendments in schedule 1, part 2.

33   Amendment of s 192 (Power to require information or reports about authorised activities to be kept or given)

(1)Section 192(2)—
insert—

(c)other information or a report prescribed by regulation.

(2)Section 192(3), ‘by the chief executive’—
omit.

34   Replacement of s 196 (Public release of required information)

Section 196—
omit, insert—

196   Public release of required information

(1)The mere fact of the existence of a geothermal tenure is taken to be an authorisation from the holder of the tenure to the chief executive to do the following in relation to required information for the tenure—

(a)to publish, in the way prescribed by regulation, the information for public use;

(b)to make the information available to a person on payment of the fee prescribed by regulation.

(2)Subsections (3) to (6) apply if a confidentiality period is prescribed by regulation for the required information.

(3)Subsection (1) does not apply in relation to the required information until the confidentiality period ends.

(4)Subsection (5) applies if—

(a)the required information is about an authorised activity carried out only in an area that stops being in the area of the geothermal tenure; and

(b)immediately before the area stops being in the area of the geothermal tenure, the confidentiality period has not ended.

(5)The confidentiality period ends when the area stops being in the area of the geothermal tenure.

Example—

The required information is a well completion report about a geothermal well drilled on particular land in the area of a geothermal permit. The land is relinquished under the relinquishment condition for the permit. A confidentiality period for the required information ends when the land is relinquished.

(6)However, subsection (5) does not apply if—

(a)the geothermal tenure is a geothermal permit; and

(b)after the commencement of this subsection, the area stops being in the geothermal permit’s area under section 189(1) or (2).

(7)An authorisation under subsection (1) is not affected by the ending of the geothermal tenure.

Part 6    Amendment of Greenhouse Gas Storage Act 2009

35   Act amended

This part amends the Greenhouse Gas Storage Act 2009.

Note—

See also the amendments in schedule 1, part 2.

35A    Amendment of s 33 (Call for tenders)

Section 33(1), after ‘(a call for tenders)’—
insert—

for land other than unavailable land for a GHG permit

35B    Amendment of s 44 (Area of GHG permit)

(1)Section 44(4), after paragraph (a)—
insert—

(aa)land in the Great Artesian Basin;

(2)Section 44(4)(aa) to (c)—
renumber as section 44(4)(b) to (d).

35C    Amendment of s 135 (Area of GHG lease)

(1)Section 135(4), after paragraph (a)—
insert—

(aa)land in the Great Artesian Basin;

(2)Section 135(4)(aa) to (c)—
renumber as section 135(4)(b) to (d).

36   Amendment of s 257 (Power to require information or reports about authorised activities to be kept or given)

(1)Section 257(2)—
insert—

(c)other information or a report prescribed by regulation.

(2)Section 257(3), ‘notice by the chief executive’—
omit, insert—

requirement

37   Replacement of s 261 (Public release of required information)

Section 261—
omit, insert—

261   Public release of required information

(1)The mere fact of the existence of a GHG authority is taken to be an authorisation from the holder of the authority to the chief executive to do the following in relation to required information for the authority—

(a)to publish, in the way prescribed by regulation, the information for public use;

(b)to make the information available to a person on payment of the fee prescribed by regulation.

(2)Subsections (3) to (6) apply if a confidentiality period is prescribed by regulation for the required information.

(3)Subsection (1) does not apply in relation to the required information until the confidentiality period ends.

(4)Subsection (5) applies if—

(a)the required information is about an authorised activity carried out only in an area that stops being in the area of the GHG authority; and

(b)immediately before the area stops being in the area of the GHG authority, the confidentiality period has not ended.

(5)The confidentiality period ends when the area stops being in the area of the GHG authority.

Example—

The required information is a well completion report about a well drilled on particular land in the area of a GHG permit. The land has been relinquished under the relinquishment condition for the permit. A confidentiality period for the required information ends when the land is relinquished.

(6)However, subsection (5) does not apply if—

(a)the GHG authority is a GHG permit; and

(b)after the commencement of this subsection, the area stops being in the permit’s area under section 48(1) or (2).

(7)An authorisation under subsection (1) is not affected by the ending of the GHG authority.

37A   Insertion of new ch 8, pt 7

Chapter 8—
insert—

Part 7    Transitional provisions for Mineral and Energy Resources and Other Legislation Amendment Act 2024

Division 1 Preliminary

453   Definitions for part

In this part—

CTSCo means Carbon Transport and Storage Corporation (CTSCo) Pty Limited ACN 143 012 971.

EPQ10 means the GHG permit granted on 9 December 2019 to CTSCo and described as ‘EPQ10’.

relevant amendment means an amendment of this Act by the Mineral and Energy Resources and Other Legislation Amendment Act 2024, section 35A, 35B, 35C, 37A or 37B.

Division 2 Provisions for ending of EPQ10

454   Ending of EPQ10

On the commencement, EPQ10 is ended.

455   Reporting and record keeping requirements

(1)The following continue to apply in relation to CTSCo as if EPQ10 were still in effect and CTSCo were still its holder—

(a)sections 253 and 257;

(b)a condition of EPQ10 requiring CTSCo to give a report or information about an authorised activity carried out under EPQ10.

(2)To remove any doubt, it is declared that sections 256, 258, 259 and 422 apply in relation to the ending of EPQ10 under section 454.

456    Decommissioning of wells

(1)To remove any doubt, it is declared that section 266 does not apply in relation to EPQ10.

(2)Section 267 applies in relation to EPQ10 as if—

(a)EPQ10 were still in effect and CTSCo were still its holder; and

(b)the reference to ‘Subject to section 266,’ in section 267(1) were omitted; and

(c)section 267(1)(b) provided as follows—

(b)either—

(i)the day that is 2 years after the day EPQ10 ended under section 454; or

(ii)if before the day provided for under subparagraph (i), the Minister fixes a day—that day.

(3)Section 268 does not apply in relation to EPQ10.

Note—

See section 459 in relation to a right of entry to facilitate decommissioning of wells.

(4)Section 269 applies in relation to EPQ10 as if—

(a)EPQ10 were still in effect and CTSCo were still its holder; and

(b)section 269(2) did not apply; and

(c)section 269(3) provided as follows—

(3)The well is taken to have been transferred to the State.

457   Removal of equipment and improvements

Section 334 applies in relation to EPQ10 as if section 334(5), definition removal day, paragraph (a) provided as follows—

(a)the day that is 2 years after the day EPQ10 ended under section 454;

Note—

See section 459 in relation to a right of entry to facilitate removal of equipment or improvements.

458   Enforcement of end of authority and area reduction obligations

To remove any doubt, it is declared that chapter 5, part 15 applies in relation to the ending of EPQ10 under section 454.

459   Right of entry to facilitate decommissioning of wells and removal of equipment and improvements

(1)CTSCo may enter the following land to carry out decommissioning for EPQ10—

(a)land (the primary land) on which the decommissioning must be carried out;

(b)any other land (the access land) it is reasonably necessary to cross for access to the primary land.

(2)For subsection (1), the Common Provisions Act, chapter 3, parts 2, 3, 4A and 7 apply to CTSCo as if—

(a)EPQ10 were still in effect and CTSCo were still its holder; and

(b)the primary land and access land were in EPQ10’s area; and

(c)decommissioning were an authorised activity for EPQ10.

(3)To remove any doubt, it is declared that the right to enter land, under the Common Provisions Act, section 72B(2), continues to apply in relation to CTSCo until the rehabilitation conditions have been complied with.

(4)In this section—

decommissioning, for EPQ10, means—

(a)decommissioning a well under section 267 as applied in relation to EPQ10 by this division; and

(b)removing equipment or improvements under section 334 as applied in relation to EPQ10 by this division.

rehabilitation conditions means conditions 58 to 60 of the environmental authority, with the environmental authority number ‘EPPG00646913’, ended under the Environmental Protection Act, section 819(1)(a).

460    Withdrawal of particular requests and applications

(1)This section applies in relation to each of the following applications and requests made, but not decided, before the commencement—

(a)a request, under section 91(3), to approve a proposed later work program for EPQ10;

(b)an application, under section 101(1), for a declaration that all or part of the area of EPQ10 is a potential storage area.

(2)On the commencement, the application or request is taken to be withdrawn.

Division 3 Other provisions

461    Withdrawal of undecided applications for proposed GHG permits

(1)This section applies in relation to each of the following applications made, but not decided, before the commencement—

(a)the application made by CTSCo for the proposed GHG permit described as ‘EPQ12’;

(b)the application made by Origin for the proposed GHG permit described as ‘EPQ16’;

(c)the application made by Origin for the proposed GHG permit described as ‘EPQ17’.

(2)On the commencement, the applications are taken to be withdrawn.

(3)In this section—

Origin means Origin Energy Future Fuels Pty Ltd ACN 105 431 534.

462    No compensation payable by the State

(1)No compensation is payable by the State to any person for or in connection with the enactment or operation of a relevant amendment or anything done to carry out or give effect to a relevant amendment.

(2)This section applies despite any other Act or law.

463   Transitional regulation-making power

(1)A regulation (a transitional regulation) may make provision about a matter for which—

(a)it is necessary to make provision to allow or facilitate the doing of anything to achieve the transition—

(i)from the operation of this Act as in force before the commencement of a relevant amendment; and

(ii)to the operation of this Act as in force after the commencement of the relevant amendment; and

(b)this Act does not provide or sufficiently provide.

(2)A transitional regulation may have retrospective operation to a day not earlier than the day the relevant amendment commences.

(3)A transitional regulation must declare it is a transitional regulation.

(4)This section and any transitional regulation expire on the day that is 3 years after the day this section commences.

37B   Amendment of sch 2 (Dictionary)

Schedule 2—
insert—

Great Artesian Basin means the area that is on or below the surface of the plan area under the Water Plan (Great Artesian Basin and Other Regional Aquifers) 2017.

Part 7    Amendment of Land Access Ombudsman Act 2017

38   Act amended

This part amends the Land Access Ombudsman Act 2017.

39   Amendment of long title

Long title, from ‘disputes’—
omit, insert—

land access disputes, and to conduct ADRs for ADR election notice disputes

40   Amendment of s 3 (Purpose of Act)

Section 3, from ‘a way’—
omit, insert—

the land access ombudsman to—

(a)investigate, and facilitate the timely resolution of, land access disputes; and

(b)conduct ADRs for ADR election notice disputes.

41   Amendment of s 4 (How purpose is achieved)

Section 4(c), from ‘to’—
omit, insert—

to—

(i)investigate, and facilitate the timely resolution of, land access disputes; and

(ii)conduct ADRs for ADR election notice disputes.

42   Amendment of s 7 (What is a land access dispute)

Section 7—
insert—

(c)a dispute about an alleged breach of an access agreement between—

(i)the resource authority holder and the owner or occupier of land who entered into the agreement; or

(ii)the successors and assigns of a party to the agreement mentioned in subparagraph (i) that are bound by the agreement under the Mineral and Energy Resources (Common Provisions) Act 2014, section 79.

43   Amendment of s 16 (Functions)

(1)Section 16—
insert—

(aa)to conduct ADRs for ADR election notice disputes;

(2)Section 16(c), after ‘disputes’—
insert—

and ADR election notice disputes

(3)Section 16(d), ‘(c)’—
omit, insert—

(d)

(4)Section 16(aa) to (e)—
renumber as section 16(b) to (f).

44   Amendment of s 18 (What land access ombudsman can not deal with)

(1)Section 18(1)(a)—
omit, insert—

(a)an agreement mentioned in section 7 not yet entered into;

45   Amendment of s 20 (Land access ombudsman not subject to direction)

Section 20(b), from ‘to’—
omit, insert—

to—

(i)investigations of land access dispute referrals; or

(ii)the conduct of an ADR; or

46   Insertion of new pt 2, div 2, sdiv 1, hdg

Before section 23—
insert—

Subdivision 1 Establishment

47   Replacement of s 25 (Finances of office)

Section 25—
omit, insert—

25   Application of other Acts

The office is—

(a)a statutory body for the Financial Accountability Act 2009; and

(b)a statutory body under the Statutory Bodies Financial Arrangements Act 1982.

Note—

The Statutory Bodies Financial Arrangements Act 1982, part 2B sets out the way that Act affects the office’s powers.

48   Insertion of new pt 2, div 2, sdiv 2 and sdiv 3, hdg

After section 25—
insert—

Subdivision 2 Financial matters

25A   Annual budgets

(1)The land access ombudsman must, before each 31 March, prepare, in consultation with the advisory council, a budget of estimated costs of the office for the next financial year, having regard to expected cost recovery fees for the year.

(2)The Minister must approve, or refuse to approve, a budget by each 30 April.

(3)However, a failure by the Minister to act under subsection (2) does not prevent the Minister approving, or refusing to approve, a budget at a later time.

(4)A budget has no effect until it has been approved by the Minister on the recommendation of the advisory council and the land access ombudsman.

(5)During a financial year the land access ombudsman may prepare amendments to the office’s budget for that year.

(6)An amendment of a budget has no effect until it has been approved by the Minister on the recommendation of the advisory council and the land access ombudsman.

(7)If the advisory council and the land access ombudsman differ about what should be recommended to the Minister for an approval under this section, the Minister may still give the approval.

(8)The land access ombudsman may authorise spending by the office during a financial year only under the budget for that year, unless the Minister otherwise approves.

(9)This section does not require the land access ombudsman to give the Minister any details that would, if given, prejudice a current investigation.

25B   Budget guidelines

(1)The land access ombudsman must, in consultation with the advisory council, prepare budget guidelines, including guidelines for the working out, structure and adjustment of cost recovery fees.

(2)The budget guidelines must provide for the cost recovery fees for the holders of prescribed resource authorities under division 3 to be adjusted at least twice a year having regard to the holders’ forecasted costs and relevant performance costs.

(3)In this section—

forecasted costs has the same meaning as in section 31G.

relevant performance costs has the same meaning as in section 31G.

Subdivision 3 Officers and employees

49   Amendment of s 30 (Officers not subject to outside direction)

(1)Section 30(a), after ‘Act’—
insert—

, or an ADR under part 3A,

(2)Section 30(b), after ‘investigations’—
insert—

or an ADR under part 3A

50   Insertion of new pt 2, div 3 and new pt 2A

After section 31—
insert—

Division 3 Funding for performance of functions

Subdivision 1 Preliminary

31A   Definition for division

In this division—

prescribed resource authority means a resource authority prescribed by regulation for this division.

Subdivision 2 Industry levy

31B   Annual levy for performance of functions

(1)The performance of the functions of the office are to be funded by an annual levy payable by each holder of a prescribed resource authority.

(2)The levy must be worked out in the way prescribed by regulation.

(3)The way the levy is worked out must be transparent and likely to be readily understood by holders of prescribed resource authorities.

(4)The levy must be—

(a)based on the amount needed to recover the estimated costs to the office of performing its functions in a financial year; and

(b)apportioned, where practicable, between the holders of prescribed resource authorities or classes of holders of prescribed resource authorities according to the cost to the office of performing functions specific to the holders or class of holders.

(5)The office must give a notice about the levy, and any changes to the levy, to each holder of a prescribed resource authority.

31C   Recovery of levy

(1)The levy worked out under section 31B must be paid by each holder of a prescribed resource authority in the amount, at the time and in the way prescribed by regulation.

(2)If the holder of a prescribed resource authority does not pay the levy as required under the regulation, the State may recover from the holder the amount of the levy as a debt.

Subdivision 3 Cost recovery fees

31D   Cost recovery fee

(1)Generally, performance of the functions of the land access ombudsman under parts 3 and 3A is funded by a fee (the cost recovery fee) imposed on each holder of a prescribed resource authority.

(2)The cost recovery fee must be paid to the land access ombudsman office.

31E   Amount of cost recovery fee

The cost recovery fee for the holder of a prescribed resource authority is the amount worked out under section 31G.

31F   When cost recovery fee is payable

(1)The land access ombudsman must at least 14 days, but no more than 1 month, before the end of each quarter—

(a)work out, under section 31G, the cost recovery fee for the next quarter payable by each holder of a prescribed resource authority; and

(b)give the holder of the prescribed resource authority an invoice for the fee.

(2)If an entity becomes the holder of a prescribed resource authority during a quarter, the land access ombudsman must—

(a)work out, under section 31G, the cost recovery fee payable by the holder for the part of the quarter starting from when the entity became a holder (the part quarter); and

(b)give the holder an invoice for the amount of the fee for the part quarter.

(3)For applying section 31G for the part quarter, a reference in section 31G to the assessed quarter is taken to include a reference to the part quarter.

(4)The cost recovery fee stated in an invoice under subsection (1) or (2) is payable 14 days after the holder of the prescribed resource authority receives the invoice.

31G   Working out cost recovery fee generally

(1)This section provides for the working out of the cost recovery fee for a holder of a prescribed resource authority for a quarter (the assessed quarter).

(2)The land access ombudsman must prepare a forecast of the costs (forecasted costs) that the ombudsman reasonably considers will be the holder’s likely relevant performance costs for the assessed quarter.

(3)In making the forecast for the assessed quarter, the land access ombudsman may, but is not required to, have regard to the holder’s relevant performance costs for the previous quarter or likely relevant performance costs for the current quarter.

(4)The amount of the holder’s cost recovery fee for the assessed quarter is the amount of the forecasted costs for the quarter, subject to any adjustment required under the budget guidelines prepared under section 25B.

(5)The holder is not entitled to, or to be credited for, interest on any amount credited to the holder because of an adjustment mentioned in subsection (4).

(6)In this section—

current quarter means the quarter in which the forecast for the assessed quarter is made.

previous quarter means the quarter ending immediately before the current quarter, whether or not the holder was a holder for all of that quarter.

relevant performance costs, for the holder of a prescribed resource authority, means the costs incurred by the land access ombudsman, as worked out under the budget guidelines prepared under section 25B, to perform the ombudsman’s functions in relation to referrals under part 3, or applications under part 3A, relating to the holder.

Subdivision 4 Supplementary fees

31H   Supplementary fees

(1)Subsection (2) applies if, at any time, the land access ombudsman informs the Minister that, because of any of the following, receipts under subdivisions 2 and 3 are not, or may not be, enough to fund all of the ombudsman’s functions—

(a)unforeseen expenditure;

(b)a revised budget.

(2)The Minister may recommend to the Governor in Council the making of a regulation to impose a supplementary fee on all holders of prescribed resource authorities, or a stated class of holders of prescribed resource authorities, of an amount that will allow all of the ombudsman’s functions to be funded.

(3)Subsection (4) applies if, at any time, the land access ombudsman informs the Minister that because of a particular matter concerning an individual holder of a prescribed resource authority, receipts under subdivisions 2 and 3 are not, or may not be, enough to fund all of the ombudsman’s functions.

(4)The Minister may recommend to the Governor in Council the making of a regulation to impose a supplementary fee on the individual holder of the prescribed resource authority of an amount that the land access ombudsman considers will allow all of the ombudsman’s functions to be funded.

(5)A supplementary fee must be paid at the time and in the way provided for under a regulation.

Part 2A    Advisory Council

31I   Establishment

An advisory council is established.

31J   Functions

The advisory council’s functions are to—

(a)monitor the land access ombudsman’s independence; and

(b)advise the land access ombudsman on the following—

(i)policy and procedural issues relating to this Act;

(ii)the operation of this Act for—

(A)holders of resource authorities; and

(B)owners or occupiers of private land;

(iii)the preparation of annual budgets under section 25A and budget guidelines under section 25B;

(iv)the development of procedural guidelines under section 65; and

(c)advise the Minister on the funding of the land access ombudsman’s functions; and

(d)as soon as practicable after the end of each financial year, prepare and provide the Minister with advice about—

(i)matters arising in relation to the land access ombudsman’s independence during the financial year; and

(ii)matters arising in relation to a matter mentioned in paragraph (b) during the financial year.

31K   Members

(1)The advisory council consists of a chairperson and at least 6 other members appointed by the Minister.

(2)The chairperson must—

(a)have expertise in the provision of legal and alternative dispute resolution services in the resources or agricultural sector; and

(b)be independent of the interests of—

(i)holders of resource authorities; and

(ii)owners or occupiers of private land.

(3)The other members must consist of—

(a)members who represent the interests of the resources sector; and

(b)members who represent the interests of agricultural and other landholder groups.

(4)The other members must be appointed on the chairperson’s recommendation.

31L   Term

(1)Each member of the advisory council holds office for the term stated in the member’s instrument of appointment.

(2)The stated term must not be more than 5 years.

(3)The member may be reappointed.

31M    Remuneration and conditions

(1)Each member of the advisory council is to be paid the remuneration, if any, and other allowances, if any, decided by the Minister.

(2)Each member holds office on the terms and conditions, not provided for by this Act, that are decided by the Minister.

51   Amendment of s 34 (Protection from liability for referring land access dispute)

Section 34(1)(b), from ‘conduct’ to ‘make good agreement’—
omit, insert—

agreement

52   Amendment of s 36 (Acceptance or refusal of referral)

Section 36(3)(a) and (b)—
omit, insert—

(a)the dispute resolution process, if any, in the agreement the subject of the land access dispute referral; or

(b)a process for alternative dispute resolution under another Act.

53   Amendment of s 45 (Power to enter dispute land)

(1)Section 45(1), ‘a conduct and compensation agreement’—
omit, insert—

an agreement other than a make good agreement

54   Insertion of new pt 3A

After part 3—
insert—

Part 3A    ADR for ADR election notice disputes

50A   Definitions for part

In this part—

ADR see section 50B.

initiating party see section 50C(1).

other party see section 50C(1).

50B   Purpose of part

The purpose of this part is to enable a party who has a right to require or request another party to participate in a non-binding alternative dispute resolution process (an ADR), under particular provisions of the Mineral and Energy Resources (Common Provisions) Act 2014, the Mineral Resources Act 1989 and the Water Act 2000, to apply to the land access ombudsman to conduct the ADR.

50C   When party may apply to land access ombudsman to conduct ADR

(1)This section applies if a party (the initiating party) has a right to give an ADR election notice to another party (the other party) under—

(a)any of the following provisions of the Mineral and Energy Resources (Common Provisions) Act 2014—

(i)section 51A(2);

(ii)section 88(2);

(iii)section 92A(2); or

(b)either of the following provisions of the Mineral Resources Act 1989—

(i)section 85AA(2);

(ii)section 283C(2); or

(c)the Water Act 2000, section 426(2)(b).

(2) The initiating party may, in the ADR election notice, state the land access ombudsman as the ADR facilitator proposed to conduct the ADR.

(3)If the other party accepts the land access ombudsman as the ADR facilitator, the initiating party may apply to the land access ombudsman to conduct the ADR.

(4)This section applies despite any agreement to the contrary.

50D   Requirements for making application

(1)The application must be in the approved form.

(2)The approved form must provide for the name and contact details of each of the following to be provided—

(a)the initiating party;

(b)the other party.

50E   Deciding application

The land access ombudsman must decide to conduct or refuse to conduct the ADR within 10 business days after the application is made.

50F   Steps after, and taking effect of, decision

(1)If the land access ombudsman decides to conduct the ADR—

(a)the land access ombudsman must give notice of the decision to—

(i)the initiating party; and

(ii)the other party; and

(b)the land access ombudsman is taken to be appointed as the ADR facilitator, under the Act mentioned in section 50C(1) under which the ADR election notice was given, on the day on which the notice mentioned in paragraph (a) is given; and

(c)the land access ombudsman must conduct the ADR under the Act mentioned in section 50C(1) under which the ADR election notice was given.

(2)If the land access ombudsman decides not to conduct the ADR, the land access ombudsman must give the initiating party and the other party notice of the decision.

55   Replacement of s 52 (Evidentiary provision)

Section 52—
omit, insert—

52   Evidentiary provision

(1)A notice given by the land access ombudsman under section 51 for a land access dispute referral about an agreement is admissible in a proceeding about the agreement before the Land Court under—

(a)either of the following provisions of the Mineral and Energy Resources (Common Provisions) Act 2014—

(i)section 53A;

(ii)section 99A; or

(b)the Water Act 2000, section 434.

(2)A notice given by the land access ombudsman under section 51 for a land access dispute referral about an agreement is admissible in an arbitration about the agreement as evidence of the matters in the notice.

56   Amendment of s 53 (Recommendation about Resource Act offence or resource authority breach)

(1)Section 53(1)—
omit, insert—

(1)This section applies if—

(a)the land access ombudsman has accepted—

(i)a land access dispute referral; or

(ii)an application to conduct an ADR; and

(b)the ombudsman reasonably suspects a party to the land access dispute or the ADR who holds a resource authority—

(i)has committed, is committing, or is likely to commit, an offence against a Resource Act (the possible offence); or

(ii)has breached, is breaching, or is likely to breach, a condition of a resource authority that relates to land access (the possible authority breach).

(2)Section 53(2), ‘chief executive (natural resources and mines)’
omit, insert—

relevant chief executive

(3)Section 53—
insert—

(7)In this section—

relevant chief executive means—

(a)

if the possible offence or possible authority breach is against a Resource Act mentioned in schedule 1, definition Resource Act, paragraph (a)—the chief executive of the department in which the Mineral and Energy Resources (Common Provisions) Act 2014 is administered; or

(b)

if the possible offence or possible authority breach is against a Resource Act mentioned in schedule 1, definition Resource Act, paragraph (b) or (c)—the chief executive of the department in which the Coal Mining Safety and Health Act 1999 is administered.

57   Amendment of s 54 (Recommendation about offence against Water Act 2000)

Section 54(1)—
omit, insert—

(1)This section applies if—

(a)the land access ombudsman has accepted—

(i)a land access dispute referral; or

(ii)an application to conduct an ADR; and

(b)the ombudsman reasonably suspects a party to the land access dispute or the ADR who holds a resource authority has committed, is committing, or is likely to commit, an offence against the Water Act 2000, chapter 3 (the possible offence).

58   Amendment of s 55 (Recommendation about offence against Environmental Protection Act 1994)

Section 55(1)—
omit, insert—

(1)This section applies if—

(a)the land access ombudsman has accepted—

(i)a land access dispute referral; or

(ii)an application to conduct an ADR; and

(b)the ombudsman reasonably suspects a party to the land access dispute or the ADR who holds a resource authority has committed, is committing, or is likely to commit, an offence against the Environmental Protection Act 1994 (the possible offence).

59   Amendment of s 56 (Advice about systemic issues)

Section 56(1), after ‘referrals’—
insert—

or 1 or more ADRs conducted by the land access ombudsman

60   Replacement of s 58 (Protection from liability for giving agreement to land access ombudsman)

Section 58—
omit, insert—

58   Protection from liability for giving agreement to land access ombudsman

(1)This section applies if—

(a)a party to a relevant agreement gives a copy of the agreement, or part of the agreement, to the land access ombudsman—

(i)because of a requirement under section 42; or

(ii)under part 3A; or

(iii)on the party’s own initiative; and

(b)the agreement contains a condition prohibiting the disclosure of all or any part of the agreement.

(2)The party does not incur any civil liability for breach of the condition by giving the agreement, or part of the agreement, to the land access ombudsman.

(3)In this section—

relevant agreement means—

(a)an agreement to which a land access dispute relates; or

(b)an agreement to which an ADR election notice mentioned in section 50C relates.

61   Amendment of s 59 (Confidentiality requests)

Section 59(1), from ‘conduct’ to ‘make good agreement’—
omit, insert—

relevant agreement mentioned in section 58

62   Amendment of s 63 (Annual report)

(1)Section 63(2)(a)—
insert—

(iiia) applications for an ADR made;

(iiib) applications for an ADR that the land access ombudsman has accepted;

(iiic) applications for an ADR that the land access ombudsman has refused;

(2)Section 63(2)(a)(iiia) to (v)—
renumber as section 63(2)(a)(iv) to (viii).

(3)Section 63(3), after ‘dispute’—
insert—

or an ADR

63   Amendment of s 65 (Procedural guidelines)

(1)Section 65(1)—
omit, insert—

(1)The land access ombudsman may make procedural guidelines about practices and procedures for any of the following—

(a)land access dispute referrals;

(b)investigations under this Act;

(c)the conduct of ADRs.

(2)Section 65(3)—
omit, insert—

(3)A procedural guideline—

(a)must not be inconsistent with—

(i)this Act; or

(ii)to the extent the guideline relates to a land access dispute—a provision of an Act mentioned in section 7 relating to the land access dispute; or

(iii)to the extent the guideline relates to an ADR—a provision of an Act mentioned in section 50C(1) relating to the ADR; and

(b)must be consistent with best practice industry standards.

64   Amendment of pt 7, hdg (Transitional provision)

Part 7, heading, ‘provision’—
omit, insert—

provisions

65   Insertion of new pt 7, div 1, hdg

Before section 67—
insert—

Division 1 Transitional provision for Act No. 34 of 2017

66   Insertion of new pt 7, div 2

After section 67—
insert—

Division 2 Transitional provisions for Mineral and Energy Resources and Other Legislation Amendment Act 2024

68   Definition for division

In this division—

new, for a provision of this Act, means the provision as in force from the commencement.

69   Land access dispute referral relating to matters arising before commencement

A land access dispute mentioned in new section 7(c) may be the subject of a land access dispute referral—

(a)whether the agreement the subject of the dispute was entered into before or after the commencement; and

(b)whether the land access dispute arose before or after the commencement.

70   Protection from liability for referring land access dispute

New section 34 applies in relation to the referral to the land access ombudsman of a land access dispute mentioned in new section 7(c)—

(a)whether the agreement the subject of the dispute was entered into before or after the commencement; and

(b)whether the land access dispute arose before or after the commencement.

71   Power to enter dispute land

New section 45 applies in relation to a land access dispute referral mentioned in new section 7(c)—

(a)whether the agreement the subject of the dispute was entered into before or after the commencement; and

(b)whether the land access dispute arose before or after the commencement.

72   ADR for ADR election notice disputes relating to matters arising before commencement

New part 3A applies in relation to an ADR election notice given after the commencement—

(a)whether the agreement in relation to which the ADR election notice was given was entered into before or after the commencement; and

(b)whether the ADR election notice dispute in relation to which the ADR election notice was given arose before or after the commencement.

73   Protection from liability for giving agreement to land access ombudsman

New section 58 applies in relation to a relevant agreement given to the land access ombudsman after the commencement whether the agreement was entered into before or after the commencement.

67   Amendment of sch 1 (Dictionary)

(1)Schedule 1, definition Resource Act—
omit.

(2)Schedule 1—
insert—

access agreement see the Mineral and Energy Resources (Common Provisions) Act 2014, section 47(2).

ADR see section 50B.

ADR election notice dispute means a dispute in relation to which an ADR election notice mentioned in section 50C is given.

advisory council means the advisory council established under section 31I.

cost recovery fee see section 31D(1).

initiating party, for part 3A, see section 50C(1).

other party, for part 3A, see section 50C(1).

prescribed resource authority, for part 2, division 3, see section 31A.

Resource Act means—

(a)a Resource Act under the Mineral and Energy Resources (Common Provisions) Act 2014, section 9; and

(b)the Coal Mining Safety and Health Act 1999; and

(c)the Mining and Quarrying Safety and Health Act 1999.

Part 8    Amendment of Mineral and Energy Resources (Common Provisions) Act 2014

68   Act amended

This part amends the Mineral and Energy Resources (Common Provisions) Act 2014.

Note—

See also the amendments in schedule 1, part 2.

71   Amendment of s 4 (How main purposes are achieved)

(1)Section 4(1)(c), ‘new’—
omit.

72   Amendment of s 15B (What is a preliminary activity)

Section 15B(2)—
omit, insert—

(2)Subsection (3) applies to an authorised activity for a resource authority other than an activity that is aerial surveying carried out at 1,000ft or more above land.

(3)Despite subsection (1), the activity is not a preliminary activity for the resource authority if the activity—

(a)is carried out on land that—

(i)is less than 100ha; and

(ii)is being used for intensive farming or broadacre agriculture; or

Examples for subparagraph (ii)—

•land used for dryland or irrigated cropping, plantation forestry or horticulture

•land used for a dairy, cattle or sheep feedlot, a piggery or a poultry farm

(b)affects the lawful carrying out of an organic or bio-organic farming system.

73   Replacement of ch 2, pt 2 (Caveats)

Chapter 2, part 2—
omit, insert—

Part 2    Caveats

24   Application of part

This part applies in relation to—

(a)a resource authority; or

(b)an application for a mining lease under the Mineral Resources Act.

25   Lodging of caveat

(1)A person claiming an interest in the resource authority or the application for a mining lease may lodge a caveat over the authority or application if the caveat—

(a)complies with the prescribed requirements for the caveat; and

(b)is not a prohibited caveat; and

(c)is accompanied by the fee prescribed by regulation.

(2)On receipt of the caveat, the chief executive must—

(a)record the existence of the caveat in the register; and

(b)notify the following persons of the receipt of the caveat—

(i)each holder of the resource authority or applicant for the application;

(ii)each person who has a registered interest in the resource authority or application;

(iii)any caveator for a prior caveat over the resource authority or application if the prior caveat is in effect.

(3)The caveat has no effect if the caveat—

(a)does not comply with the prescribed requirements for the caveat; or

(b)is a prohibited caveat.

(4)In this section—

prohibited caveat means a caveat of a type prescribed by regulation to be a prohibited caveat.

registered interest, in the resource authority or the application for a mining lease, means an interest in the authority or application recorded in the register.

26   Effect of lodging caveat

(1)This section applies if a caveat is lodged over the resource authority or the application for a mining lease under this part.

(2)From the date and time of lodgement of the caveat until the caveat lapses or is withdrawn or removed, the caveat prevents the following—

(a)the registration of a dealing in relation to the resource authority;

(b)the registration under the Mineral Resources Act of a transfer of the application or a transfer of an interest in the application.

(3)However—

(a)the lodgement of the caveat does not prevent the registration of an instrument of a type prescribed by regulation; and

(b)if the caveat is lodged over only a share in the resource authority, the lodgement of the caveat does not prevent the registration of a dealing in relation to other shares in the resource authority.

(4)The caveat does not create an interest in the resource authority or the application.

(5)For this section, the date and time of lodgement of the caveat is the date and time endorsed by the chief executive on the caveat as the caveat’s date and time of lodgement.

27   Lapsing of caveat

(1)A caveat lodged under this part lapses—

(a)for a caveat for which there is consent—at the end of the term stated in the caveat; or

(b)for a caveat for which there is no consent—

(i)if an order of the Land Court is in effect in relation to the caveat—when the order stops having effect; or

(ii)otherwise—on the day that is 3 months after the date of lodgement of the caveat or on an earlier day stated in the caveat.

(2)If there is consent to the caveat and the caveat does not state the term of the caveat, the caveat continues in effect until it is withdrawn or removed.

(3)For this section—

(a)there is consent to a caveat over the resource authority only if each holder of the authority consented to the lodgement of the caveat and the consent was lodged with the caveat; and

(b)there is consent to a caveat over the application for a mining lease only if each applicant consented to the lodgement of the caveat and the consent was lodged with the caveat; and

(c)the date of lodgement of a caveat is the date endorsed by the chief executive on the caveat as the caveat’s date of lodgement.

28   Withdrawal or removal of caveat

(1)The caveator for a caveat lodged under this part may withdraw the caveat by written notice given to the chief executive.

(2)Either of the following persons may apply to the Land Court for an order that a caveat lodged under this part be removed—

(a)a person who has a present or prospective right or interest in the resource authority, or the application for a mining lease, over which the caveat is lodged;

(b)a person whose present or prospective right to deal with the resource authority, or the application for a mining lease, over which the caveat is lodged is affected by the caveat.

(3)The Land Court may make the order—

(a)whether or not the caveator has been served with the application for the order; and

(b)on the terms the Land Court considers appropriate.

29   Recording of lapsing, withdrawal or removal of caveat

As soon as practicable after a caveat lodged under this part lapses, is withdrawn or is ordered to be removed, the chief executive must record the lapse, withdrawal or removal in the register.

30   Further caveat not available to same person

(1)This section applies if a caveat is lodged over an interest in the resource authority or the application for a mining lease under this part (the original caveat).

(2)A further caveat with the same caveator can not be lodged over the resource authority or the application on the same, or substantially the same, grounds as those stated in the original caveat unless—

(a)each holder of the authority, or each applicant for the application, has consented to the lodgement of the further caveat and the consent is lodged with the further caveat; or

(b)a court of competent jurisdiction has given leave to lodge the further caveat.

31   Compensation for lodging caveat without reasonable cause

The caveator for a caveat lodged under this part without reasonable cause is liable to compensate anyone else who suffers loss or damage because of the caveat.

75   Amendment of s 40 (Exemptions from obligations)

(1)Section 40—
insert—

(2A)Further, an obligation under this division to give an entry notice about an entry to private land for a purpose mentioned in section 38 does not apply if the entry is for the purpose of carrying out an authorised activity for the resource authority that is aerial surveying carried out at 1,000ft or more above land.

(2)Section 40(2A) and (3)—
renumber as section 40(3) and (4).

76   Amendment of s 48 (Owner or occupier must not unreasonably refuse to make access agreement)

Section 48, note—
omit.

77   Insertion of new ch 3, pt 2, div 4, sdiv 2A

Chapter 3, part 2, division 4—
insert—

Subdivision 2A ADR

51A   Party may seek ADR

(1)This section applies if a dispute arises between a resource authority holder and an owner or occupier of land (the parties) about—

(a)deciding a matter mentioned in section 49(1)(a), (b) or (c); or

(b)whether an access agreement between the parties should be varied because of a material change in circumstances.

(2)Either party may give an ADR election notice to the other party asking the other party to participate in ADR to seek to negotiate a resolution of the dispute.

(3)A party given an ADR election notice must, within 10 business days after the notice is given, accept or refuse the request for ADR.

(4)If a party given an ADR election notice does not accept the request for ADR within 10 business days after the notice is given, the party is taken to refuse the request.

(5)If the request for ADR is accepted under subsection (3), the parties may, within 10 business days after the acceptance, jointly appoint the ADR facilitator proposed in the ADR election notice, or another ADR facilitator, to conduct the ADR.

(6)Chapter 7A, part 1, division 2 applies to the ADR.

78   Insertion of new s 53A

After section 53—
insert—

53A   Power of Land Court to decide alleged breach of access agreement

(1)If a party to an access agreement believes the other party has breached the agreement, the party may apply to the Land Court for an order about the alleged breach.

(2)An application may be made during the term, or after the end, of the agreement.

(3)The Land Court may make any order it considers appropriate on an application under this section.

(4)In this section—

party, to an access agreement, means—

(a)the following persons who entered into the agreement—

(i)the resource authority holder;

(ii)the owner or occupier of private land; or

(b)the successors and assigns of a party mentioned in paragraph (a) that are bound by the agreement under section 79.

79   Amendment of s 54 (Report to owners and occupiers)

(2)Section 54—
insert—

(4)This section does not apply if the entry to the land is for the purpose of carrying out an authorised activity for the resource authority that is aerial surveying carried out at 1,000ft or more above land.

80   Amendment of s 88 (Party may seek ADR)

(1)Section 88, heading, ‘seek’—
omit, insert—

require

(2)Section 88(2), from ‘a notice’ to ‘(an ADR)’—
omit, insert—

an ADR election notice requiring the other party to participate in ADR

(3)Section 88(3) and (4)—
omit, insert—

(3)For subsection (2), the dispute is resolved by the parties entering into a conduct and compensation agreement.

(4)Section 88(6), ‘subsection (5)’—
omit, insert—

subsection (4)

(5)Section 88(7), ‘subsection (6)’—
omit, insert—

subsection (5)

(6)Section 88(8)—
omit, insert—

(8)Chapter 7A, part 1, division 2 applies to the ADR.

(7)Section 88(5) to (8)—
renumber as section 88(4) to (7).

81   Omission of ss 89 and 90

Sections 89 and 90—
omit.

82   Amendment of s 91A (Party may request arbitration)

(1)Section 91A(1)(a), after ‘notice’—
insert—

under section 84

(2)Section 91A(1)(b), from ‘notice’ to ‘section 89(2) or (4)’—
omit, insert—

notice under section 88 to another party seeking to negotiate the resolution of a dispute and at the end of the ADR period for the ADR

(3)Section 91A(2), ‘a notice (an arbitration election notice)’—
omit, insert—

an arbitration election notice

(4)Section 91A(3)—
omit.

(5)Section 91A—
insert—

(4A)If a party given an arbitration election notice does not accept the request for arbitration within 15 business days after the notice is given, the party is taken to refuse the request.

(6)Section 91A(5), ‘subsection (4)’—
omit, insert—

subsection (3)

(7)Section 91A(5), ‘under subsection (3)(b)’—
omit, insert—

in the arbitration election notice

(8)Section 91A—
insert—

(8)Chapter 7A, part 2, division 2 applies to the arbitration.

(9)Section 91A(4) and (4A)—
renumber as section 91A(3) and (4).

83   Omission of ss 91B–91E

Sections 91B to 91E—
omit.

84   Insertion of new ch 3, pt 7, div 2, sdiv 5

Chapter 3, part 7, division 2—
insert—

Subdivision 5 ADR about particular costs and material changes in circumstances

92A   Party may seek ADR

(1)This section applies if a dispute arises between a resource authority holder and an eligible claimant (the parties) about—

(a)the payment of negotiation and preparation costs under section 91; or

(b)whether the compensation liability or future compensation liability of the resource authority holder to the eligible claimant, agreed to under a conduct and compensation agreement or decided by the Land Court, has been affected by a material change in circumstances since the agreement or decision.

(2)Either party may give an ADR election notice to the other party asking the other party to participate in ADR to seek to negotiate a resolution of the dispute.

(3)A party given an ADR election notice must, within 10 business days after the notice is given, accept or refuse the request for ADR.

(4)If a party given an ADR election notice does not accept the request for ADR within 10 business days after the notice is given, the party is taken to refuse the request.

(5)If the request for ADR is accepted under subsection (3), the parties may, within 10 business days after the acceptance, jointly appoint the ADR facilitator proposed in the ADR election notice, or another ADR facilitator, to conduct the ADR.

(6)Chapter 7A, part 1, division 2 applies to the ADR.

85   Amendment of s 96 (Party may apply to Land Court)

(1)Section 96(1)(a), after ‘notice’—
insert—

under section 88

(2)Section 96(1)(b) and (c)—
omit, insert—

(b)at the end of the ADR period for the ADR, the parties have not entered into a conduct and compensation agreement; and

(c)the dispute is not the subject of arbitration under chapter 7A, part 2, division 2.

88   Insertion of new ch 7A

After chapter 7—
insert—

Chapter 7A    Dispute resolution

Part 1    ADR

Division 1 ADR election notice

196I    Contents of ADR election notice

An ADR election notice for ADR for the resolution of a dispute must state—

(a)details of the matters the subject of the dispute; and

(b)the type of ADR proposed; and

(c)the name of an ADR facilitator, who is independent of both parties to the dispute, proposed to conduct the ADR; and

Note—

See the Land Access Ombudsman Act 2017, part 3A for the ability to propose the land access ombudsman as the ADR facilitator.

(d)who is liable for the costs of the ADR facilitator; and

(e)any other information prescribed by regulation.

Division 2 Provisions about ADR

196J    Application of division

This division applies in relation to ADR for the resolution of a dispute between parties mentioned in any of the following provisions that is conducted in response to an ADR election notice for the ADR—

(a)section 51A(1);

(b)section 88(1);

(c)section 92A(1).

196K    Conduct of ADR

(1)The parties must use all reasonable endeavours to negotiate a resolution of the dispute within 30 business days after the ADR facilitator is appointed (the usual period).

(2)A party may, within the usual period, ask the other party for a longer period because of stated reasonable or unforeseen circumstances.

(3)If the parties agree to a longer period, and the ADR facilitator consents to the longer period, the longer period applies instead of the usual period.

(4)The party who is the resource authority holder is liable for the costs of the ADR facilitator.

196L    Non-attendance at ADR

(1)This section applies if—

(a)a party (the non-attending party) does not attend the ADR; and

(b)another party (the attending party) attends the ADR.

(2)The non-attending party is liable to pay the attending party’s reasonable costs of attending.

(3)The attending party may apply to the Land Court for an order requiring the payment of the costs.

(4)The Land Court may order the payment of the costs only if the Court is satisfied the non-attending party did not have a reasonable excuse for not attending.

196M    Protection, immunity and confidentiality

The Civil Proceedings Act 2011, part 6, division 5 applies to ADR conducted by an ADR facilitator as if—

(a)a reference to an ADR process included a reference to the ADR; and

(b)a reference to an ADR convenor included a reference to the ADR facilitator.

Note—

See the Civil Proceedings Act 2011, section 53 in relation to the admissibility of evidence of anything done or said, or an admission made, at ADR, without the agreement of the parties.

Part 2    Arbitration

Division 1 Arbitration election notice

196N    Contents of arbitration election notice

An arbitration election notice for an arbitration of a dispute must state—

(a)details of the matters the subject of the dispute; and

(b)the name of an arbitrator, who is independent of both parties to the dispute, proposed to conduct the arbitration; and

(c)that, if the request for arbitration is accepted, an application to the Land Court for a decision about the dispute can not be made; and

(d)that the costs of the arbitration are payable by the parties as mentioned in section 196R; and

(e)any other information prescribed by regulation.

Division 2 Provisions about arbitration

196O    Application of division

This division applies in relation to an arbitration of a dispute between parties mentioned in section 91A(2) that is conducted in response to an arbitration election notice for the arbitration.

(2)The proposed later development plan for the lease, lodged by the lessee but not approved before the commencement, is taken to be withdrawn on the commencement.

(3)Any relevant fee that accompanied the lodgement of the proposed later development plan must be refunded to the lessee.

(4)Despite section 53B—

(a)the plan period for the previous development plan is taken to be extended to—

(i)the day that is 1 year after the day of the commencement; or

(ii)if before the day provided for under subparagraph (i), the Minister fixes a day—that day; and

(b)the previous development plan is taken to be, and to always have been, as effective as it would have been if the plan period, as extended under paragraph (a), were stated in the previous development plan.

(5)During the plan period for the previous development plan, as extended under subsection (4)(a), section 74Q(3)(b)(i) applies in relation to the lease as if the reference to ‘, but no more than 100,’ were omitted.

(6)In this section—

previous development plan means the development plan for the lease approved, under part 6, division 2, on 11 February 2016.

214    No compensation payable by the State

(1)No compensation is payable by the State to any person for or in connection with the enactment or operation of a relevant amendment or anything done to carry out or give effect to a relevant amendment.

(2)This section applies despite any other Act or law.

215    Transitional regulation-making power

(1)A regulation (a transitional regulation) may make provision about a matter for which—

(a)it is necessary to make provision to allow or facilitate the doing of anything to achieve the transition—

(i)from the operation of this Act as in force before the commencement of a relevant amendment; and

(ii)to the operation of this Act as in force after the commencement of the relevant amendment; and

(b)this Act does not provide or sufficiently provide.

(2)A transitional regulation may have retrospective operation to a day not earlier than the day the relevant amendment commences.

(3)A transitional regulation must declare it is a transitional regulation.

(4)This section and any transitional regulation expire on the day that is 3 years after the day this section commences.

Part 12    Amendment of Petroleum and Gas (Production and Safety) Act 2004

157   Act amended

This part amends the Petroleum and Gas (Production and Safety) Act 2004.

Note—

See also the amendments in schedule 1.

157A    Amendment of s 32 (Exploration and testing)

Section 32(2)—
insert—

(d)inject a GHG stream into the Great Artesian Basin for the purpose of enhanced petroleum recovery.

158   Amendment of s 64A (What is the relinquishment day)

Section 64A—
insert—

(2)This section does not apply in relation to an authority to prospect granted before 25 May 2020.

Note—

For an authority to prospect granted before 25 May 2020, see section 71AA.

159   Amendment of s 65 (Standard relinquishment condition)

(1)Section 65(1)(a), ‘on or before’—
omit, insert—

by the end of

(2)Section 65(1)(c), ‘the day on which’—
omit, insert—

on the day

(3)Section 65(2), ‘on or before’—
omit, insert—

by the end of

160   Amendment of s 66 (Part usually required to be relinquished)

(1)Section 66(3), ‘is the usual relinquishment’—
omit, insert—

are the usual relinquishment for the authority to prospect

(2)Section 66, after subsection (3)—
insert—

Note—

For an authority to prospect granted before 25 May 2020, see sections 71AA and 1004.

161   Amendment of s 68 (Adjustments for sub-blocks that can not be counted)

Section 68(1), after ‘usual relinquishment’—
insert—

for the authority

162   Insertion of new s 71AA

After section 71—
insert—

71AA    Provision relating to authorities to prospect granted before 25 May 2020

(1)This section applies to an authority to prospect granted before 25 May 2020.

(2)Each of the following days is a relinquishment day for the authority if the day is at least 30 days after the day this section commences—

(a)a day stated in the authority to be a relinquishment day;

(b)if no relinquishment days are stated in the authority—each day during the term of the authority that is a 4-yearly interval after the day the authority took effect.

(3)Subject to sections 66A, 68 and 69, the holder of the authority must relinquish, by the end of each relinquishment day for the authority, at least 8.33% of the original notional sub-blocks of the authority for each year since the authority took effect.

(4)The sub-blocks required to be relinquished under subsection (3) are the usual relinquishment for the authority.

(5)This part, other than sections 64A and 66, applies in relation to the authority as if—

(a)a reference in section 62(4), 65(2), 66A(1)(b) or 68(1) to the relinquishment day for the authority were a reference to a relinquishment day for the authority; and

(b)a reference in section 65(1)(a) to the relinquishment day for the authority were a reference to each relinquishment day for the authority; and

(c)a reference in section 66A to section 66 or section 66(2) were a reference to subsection (3).

162A    Amendment of s 71B (ATP storage testing)

Section 71B(6)—
omit, insert—

(6)Despite subsections (1) to (3), an authority to prospect holder must not—

(a)carry out GHG stream storage; or

(b)inject a GHG stream into the Great Artesian Basin for the purpose of enhanced petroleum recovery.

162B    Amendment of s 109 (Exploration, production and storage activities)

Section 109(2)—
insert—

(d)inject a GHG stream into the Great Artesian Basin for the purpose of enhanced petroleum recovery.

163   Amendment of s 143 (General requirements)

Section 143(1)(a)—
omit, insert—

(a)comply with the initial development plan requirements other than section 139; and

164   Insertion of new s 143A

After section 143—
insert—

143A    Plan period

(1)The proposed later development plan must state its period.

(2)The stated period must not be longer than—

(a)for a proposed later development plan that relates to an application under division 6 to renew the lease—

(i)if the renewed term sought for the lease is less than 5 years—the renewed term; or

(ii)if the renewed term sought for the lease is 5 years or more—5 years from the day the renewed term starts; or

(b)otherwise—

(i)if the remaining term of the lease is less than 5 years from the day the current plan period for the lease ends—the remaining term of the lease; or

(ii)if the remaining term of the lease is 5 years or more from the day the current plan period for the lease ends—5 years from the day the current plan period for the lease ends.

(3)In this section—

current plan period, for a petroleum lease, means the plan period for the current development plan for the lease.

164A    Amendment of s 150C (PL storage testing)

Section 150C(6)—
omit, insert—

(6)Despite subsections (1) to (3), a petroleum lease holder must not—

(a)carry out GHG stream storage; or

(b)inject a GHG stream into the Great Artesian Basin for the purpose of enhanced petroleum recovery.

165   Amendment of s 170B (Applying to amalgamate 1923 Act lease)

(1)Section 170B(2)(a)—
omit, insert—

(a)for each individual lease—

(i)the holder of the individual lease has applied under section 908 for a petroleum lease for all or part of the area of the lease (a section 908 application); or

(ii)the application for amalgamation is accompanied by a section 908 application in relation to the individual lease; and

(2)Section 170B(4) and (5), ‘the application under section 908’—
omit, insert—

a section 908 application

166   Amendment of s 170D (Deciding application)

Section 170D(2)(b)—
insert—

(iii)a relevant environmental authority for the amalgamated lease has been issued.

167   Amendment of s 170E (Provisions of amalgamated lease)

Section 170E(2)—
omit, insert—

(2)If, before the amalgamated lease is granted, petroleum production under each of the individual leases has not started, any production commencement day stated in the amalgamated lease under section 123(3)(c) must not be later than the earliest production commencement day for the individual leases.

(3)Subsections (4) and (5) apply if, before the amalgamated lease is granted, petroleum production under some, but not all, of the individual leases has started.

(4)The amalgamated lease may, under section 123(3)(c), state a production commencement day for the petroleum production that has not yet started (the uncommenced aspect).

(5)Section 154(1) and subdivision 3 apply in relation to the amalgamated lease as if—

(a)a reference in the provisions to petroleum production under the lease were a reference to the uncommenced aspect; and

(b)a reference in the provisions to a production commencement day for the lease were a reference to a production commencement day for the uncommenced aspect stated in the amalgamated lease under subsection (4).

168   Replacement of s 550 (Public release of required information)

Section 550—
omit, insert—

550   Public release of required information

(1)The mere fact of the existence of a petroleum tenure is taken to be an authorisation from the holder of the tenure to the chief executive to do the following in relation to required information for the tenure—

(a)to publish, in the way prescribed by regulation, the information for public use, including, for example, to support petroleum exploration, production and development;

(b)to make the information available to a person on payment of the fee prescribed by regulation.

(2)Subsections (3) to (6) apply if a confidentiality period is prescribed by regulation for the required information.

(3)Subsection (1) does not apply in relation to the required information until the confidentiality period ends.

(4)Subsection (5) applies if—

(a)the required information is about an authorised activity carried out only in an area that stops being in the area of the petroleum tenure; and

(b)immediately before the area stops being in the area of the tenure, the confidentiality period has not ended.

(5)The confidentiality period ends when the area stops being in the area of the petroleum tenure.

Example—

The required information is a well completion report about a well drilled on particular land in the area of an authority to prospect. The land is relinquished under the relinquishment condition for the authority. A confidentiality period for the required information ends when the land is relinquished.

(6)However, subsection (5) does not apply if—

(a)the petroleum tenure is an authority to prospect; and

(b)after the commencement of this subsection, the area stops being in the authority’s area under section 101(1) or (2).

(7)An authorisation under subsection (1) is not affected by the ending of the petroleum tenure.

169   Amendment of s 553 (Power to require information or reports about authorised activities to be kept or given)

(1)Section 553(1)(a), after ‘keep’—
insert—

in the stated way

(2)Section 553(1)(a), example, ‘prescribed’—
omit.

(3)Section 553(2)—
insert—

(c)other information or a report prescribed by regulation.

(4)Section 553(3), ‘notice’—
omit, insert—

requirement

(5)Section 553(4), ‘prescribed under a’—
omit, insert—

prescribed by

169A    Insertion of new s 851C

Before section 852—
insert—

851C    Advice by office about subsurface impacts from relevant authorised activities

(1)The office may, on request, provide information or advice about matters related to subsurface impacts from relevant authorised activities to the following entities—

(a)the chief executive;

(b)the chief executive of another department;

(c)Coexistence Queensland under the Coexistence Queensland Act 2013.

(2)In this section—

office means the Office of Groundwater Impact Assessment established under the Water Act, section 455.

relevant authorised activities means authorised activities for a petroleum tenure or a 1923 Act petroleum tenure.

170   Amendment of s 910 (Renewal application provisions apply for making and deciding grant application)

Section 910(2)(c), after subparagraph (iv)—
insert—

Note—

See also section 1043 in relation to the plan period for a proposed later development plan for a replacement tenure.

171   Insertion of new ch 15, pt 32

Chapter 15—
insert—

Part 32    Transitional provisions for Mineral and Energy Resources and Other Legislation Amendment Act 2024

1042A    Definition for part

In this part—

relevant amendment means an amendment of this Act by the Mineral and Energy Resources and Other Legislation Amendment Act 2024, section 157A, 162A, 162B, 164A or 171, to the extent it inserts this section and sections 1044 to 1046.

1043    Plan period for proposed later development plans for replacement tenures

(1)This section applies to an application for a replacement tenure under section 908(2) (a grant application).

(2)Section 143A(2)(a) applies in relation to the grant application as if—

(a)a reference in the section to an application under chapter 2, part 2, division 6 to renew a petroleum lease were a reference to the grant application; and

(b)a reference in the section to the renewed term for a petroleum lease were a reference to the term of the replacement tenure.

1044    Application of new ss 32, 71B, 109 and 150C

(1)New sections 32, 71B, 109 and 150C apply in relation to an authority to prospect, or a petroleum lease, whether the authority or lease was granted before or after the commencement.

(2)In this section—

new, for a provision of this Act, means the provision as in force from the commencement.

1045    No compensation payable by the State

(1)No compensation is payable by the State to any person for or in connection with the enactment or operation of a relevant amendment or anything done to carry out or give effect to a relevant amendment.

(2)This section applies despite any other Act or law.

1046    Transitional regulation-making power

(1)A regulation (a transitional regulation) may make provision about a matter for which—

(a)it is necessary to make provision to allow or facilitate the doing of anything to achieve the transition—

(i)from the operation of this Act as in force before the commencement of a relevant amendment; and

(ii)to the operation of this Act as in force after the commencement of the relevant amendment; and

(b)this Act does not provide or sufficiently provide.

(2)A transitional regulation may have retrospective operation to a day not earlier than the day the relevant amendment commences.

(3)A transitional regulation must declare it is a transitional regulation.

(4)This section and any transitional regulation expire on the day that is 3 years after the day this section commences.

173   Amendment of sch 2 (Dictionary)

(1A)Schedule 2—
insert—

enhanced petroleum recovery see the GHG storage Act, schedule 2.

Great Artesian Basin see the GHG storage Act, schedule 2.

(1)Schedule 2, definition relinquishment day, ‘section 64A’—
omit, insert—

sections 64A(1) and 71AA(2)

(2)Schedule 2, definition usual relinquishment, ‘section 66(3)’—
omit, insert—

sections 66(3) and 71AA(4)

Part 13    Amendment of Regional Planning Interests Act 2014

174   Act amended

This part amends the Regional Planning Interests Act 2014.

Note—

See also the amendments in schedule 1, part 1.

175   Amendment of s 46 (Additional advice or comment about assessment application)

Section 46(1), ‘must ask the Gasfields Commission’—
omit, insert—

may ask Coexistence Queensland

176   Insertion of new pt 10

After section 108—
insert—

Part 10    Transitional provision for Mineral and Energy Resources and Other Legislation Amendment Act 2024

109   Advice about existing assessment applications

(1)This section applies if an assessment application has been made, but not decided, before the commencement.

(2)Section 46(1) as in force before the commencement continues to apply in relation to the assessment application as if the Mineral and Energy Resources and Other Legislation Amendment Act 2024 had not been enacted.

177   Amendment of sch 1 (Dictionary)

(1)Schedule 1, definition Gasfields Commission—
omit.

(2)Schedule 1—
insert—

Coexistence Queensland means Coexistence Queensland under the Coexistence Queensland Act 2013.

Part 14    Amendment of Water Act 2000

178   Act amended

This part amends the Water Act 2000.

179   Amendment of s 425 (Application of div 4)

(1)Section 425, after paragraph (a)—
insert—

(aa)the parties can not agree on the amount of the costs the resource tenure holder must reimburse the bore owner under section 423(3)(a); or

(2)Section 425(aa) to (c)—
renumber as section 425(b) to (d).

180   Amendment of s 426 (Parties may seek conference or independent ADR)

Section 426(5)(c)—
insert—

Note—

See the Land Access Ombudsman Act 2017, part 3A for the ability to propose the land access ombudsman as the ADR facilitator.

181   Amendment of s 435 (Provisions for making decision)

(1)Section 435(1), after paragraph (a)—
insert—

(aa)if the dispute is about the amount of the costs the resource tenure holder must reimburse the bore owner under section 423(3)(a)—to make a declaration about, or an order for the payment of, costs under that section; or

(2)Section 435(1)(aa) to (c)—
renumber as section 435(1)(b) to (d).

Part 15    Other amendments

183   Legislation amended

Schedule 1 amends the legislation it mentions.

Schedule 1 Other amendments

section 183

Part 1    Amendments commencing on assent

Gasfields Commission Act 2013

1   Amendment of various provisions

Each provision mentioned in column 1 is amended by omitting the words in column 2 and inserting the words in column 3—

Column 1	Column 2	Column 3
Provision	Words omitted	Words inserted
part 2, heading	Gasfields Commission	Coexistence Queensland
part 2, division 1, heading	commission	Coexistence Queensland
section 8, heading	Commission’s	Coexistence Queensland’s
section 8(1) and (2)	The commission	Coexistence Queensland
section 8(1)	the commission’s	its
section 8(2)	the commission	it
section 11(1) and (2)	commissioner	member
section 11(1)	commissioner’s	member’s
section 12(1) and (2)	commissioner	member
section 12(3)	commissioners	members
section 13	commissioner	member
section 14	commissioner	member
section 15	commissioner	member
section 16, heading	commissioner	chairperson or member
section 16(1) to (3) and (4), definition eligible person	commissioner	member
section 17	commissioner	member
part 2, division 3, heading	commissioners	members
section 18(1)	The commission	Coexistence Queensland
section 18(1) and (4)	commissioner’s	member’s
section 18(3)	commissioner	member
section 19, heading and subsections (1)(a) and (7), note	commission board	Coexistence Queensland
section 19	commissioner	member
section 19(1)(b)(i) and (ii)	the commission’s	Coexistence Queensland’s
section 19(2), (3) and (8), definition close relative	commissioner’s	member’s
section 19(2) and (3)	commissioners	members
section 19(6)	commission decision	decision by Coexistence Queensland
part 2, division 4, heading	Commission board	Coexistence Queensland
section 21	commission board	Coexistence Queensland
section 21(a) and (b)	the commission	Coexistence Queensland
section 22, heading and subsections (2) to (5)	commission board	Coexistence Queensland
section 22(1)	Commission board	Coexistence Queensland
section 22(3)	commissioner	member
section 22(3) and (4)	commissioners	members
section 22(5)	the commission	Coexistence Queensland
part 3, heading	the commission	Coexistence Queensland
section 24(1)(a)	the commission	Coexistence Queensland
section 24(2)	him or her	the chief executive
section 24(2)(b)	commissioner	chairperson
section 27(1)	The commission	Coexistence Queensland
section 27(1) and (2)	the commission	Coexistence Queensland
section 28	he or she	the chairperson
section 28	or commission	or Coexistence Queensland
section 28(a) and (b)	the commission	Coexistence Queensland
section 30(1) and (3)	The commission	Coexistence Queensland
section 30(4) and (7)	commissioner	member
section 30A	the commission	Coexistence Queensland
section 30A(1)(a)	commission board	Coexistence Queensland
section 31, heading	commission staff	staff of Coexistence Queensland
section 31(1)	The commission	Coexistence Queensland
section 32(1)	The commission	Coexistence Queensland
section 32(1), (2)(c) and (3)	the commission	Coexistence Queensland
section 32(2)(c)	the authority’s	Coexistence Queensland’s
section 33, heading	Commission	Coexistence Queensland
section 33	Commissioners	Members
section 33	the commission	Coexistence Queensland
section 34(1)(a) and (c), (5) and (8), definition financial management policies, including note	the commission	Coexistence Queensland
section 34(1)(b), (6)(a) and (b) and (7)	commissioners	members
section 34(1)(b)	the commission’s	Coexistence Queensland’s
section 35(1)	The commission	Coexistence Queensland
section 35(1) and (4)	the commission	Coexistence Queensland
section 35(2)	commissioners	members
section 36(1)	commissioner	member
section 36(2)	The commission	Coexistence Queensland
section 36(2) and (3)	the commission	Coexistence Queensland
section 39(1)(a)	commissioner	member
section 39(1)(a)	the commission	Coexistence Queensland
section 41(a) and (b)	commissioner	member
section 41(b)	the commission	Coexistence Queensland
section 42	commissioner	member
section 43(1)(b)	the commission	Coexistence Queensland
section 44(1)	commissioner	member
section 44(2)	the commissioner or	a member or the
section 45, heading	Commission	Coexistence Queensland
section 45(1)	The commission	Coexistence Queensland
section 45(2)	the commission’s	Coexistence Queensland’s

Mineral Resources Act 1989

1   Section 334ZZT(3), ‘(other than subdivision 3)’—

omit.

2   Section 397B(1)(a), ‘parts are’—

omit, insert—

chapter is

Petroleum and Gas (Production and Safety) Act 2004

1   Section 293(3), ‘(other than subdivision 3)’—

omit.

Public Sector Act 2022

1   Schedule 1, entry for Gasfields Commission—

omit.

2   Schedule 1—

insert—

Coexistence Queensland under the Coexistence Queensland Act 2013 chief executive officer under the Coexistence Queensland Act 2013

Regional Planning Interests Act 2014

1   Sections 49(1)(e), 51(2)(c) and (4)(b) and 56(2)(c), ‘the Gasfields Commission’—

omit, insert—

Coexistence Queensland

Part 2    Amendments commencing by proclamation

Geothermal Energy Act 2010

1   Section 195(b), ‘matters’—

omit, insert—

things

Greenhouse Gas Storage Act 2009

1   Section 29, note 1, from ‘(Access’ to ‘activities)’—

omit.

2   Section 109, note 1, from ‘(Access’ to ‘activities)’—

omit.

3   Section 260(b), ‘matters’—

omit, insert—

things

Mineral and Energy Resources (Common Provisions) Act 2014

1   Section 21(1)(a), ‘any’—

omit, insert—

either

2   Section 21(1)(a)(ii)—

omit.

3   Section 21(1)(a)(iii), ‘section 53(e)’—

omit, insert—

section 53(i)

4   Section 21(1)(a)(iii)—

renumber as section 21(1)(a)(ii).

5   Section 103, definition coal seam gas—

omit.

6   Section 153(1)(b), after ‘period’—

insert—

under section 85

7   Section 202(2)(a)—

insert—

(iv)the degree of precision required for information contained in the material; and

Mineral and Energy Resources (Financial Provisioning) Act 2018

1   Sections 39(1)(c) and 41(c), ‘section 38(6)’—

omit, insert—

section 38(8)

2   Sections 39(1)(c) and 41(c), ‘section 38(6)(c)’—

omit, insert—

section 38(8)(c)

3   Section 45, ‘review decision’—

omit, insert—

allocation

4   Section 61(1)(a), after ‘section 53(d)’—

insert—

, (e), (f), (g) or (h)

5   Section 61(1)(b), ‘section 53(e)’—

omit, insert—

section 53(i)

6   Section 61(3)(a), ‘section 55(3)’—

omit, insert—

section 55A

Mineral Resources Act 1989

1   Section 81(1)(m)(iii), ‘authority’—

omit, insert—

government

2   Section 137(2)(e), ‘subsection (4)’—

omit, insert—

the Common Provisions Act, section 196C

3   Sections 178A(b)(ii), 178B(b)(ii), 178C(b)(ii), 231AA(b)(ii), 231AB(b)(ii), 231AC(b)(ii) and 315(1)(b)(ii)—

omit, insert—

(ii)the format of the report;

(iii)the information to be contained in the report and the degree of precision required for the information.

4   Section 315A(2)(b)(ii)—

omit, insert—

(ii)the format of the report;

(iia)the information to be contained in the report and the degree of precision required for the information;

5   Section 315A(2)(b)(iia) and (iii)—

renumber as section 315A(2)(b)(iii) and (iv).

6   Section 315B(2)(b)(ii)—

omit, insert—

(ii)the format of the report;

(iii)the information to be contained in the report and the degree of precision required for the information.

7   Section 317H(2), ‘initial plan period’—

omit, insert—

lodgement period

8   Section 317H(3), definition relevant fee, ‘the proposed initial development plan’—

omit, insert—

a proposed initial development plan for a new prescribed mineral mining lease

9   Section 317H(3), definition relevant fee, paragraph (a), ‘initial plan period’—

omit, insert—

lodgement period for the lease

10   Section 317I(1)(a) and (b), ‘initial plan period’—

omit, insert—

lodgement period for the lease

11   Sections 317Z, 318BL, 318BM, 318BU, 318CG and 318ELBG, ‘section 276(1)(n)’—

omit, insert—

section 276(1)(o)

12   Section 383, heading, ‘Minister’—

omit, insert—

Chief executive

Petroleum Act 1923

1   Section 76C(b), ‘matters’—

omit, insert—

things

Petroleum and Gas (Production and Safety) Act 2004

1   Section 234(3A)(c)(iii), ‘section 276(1)(m) or 276(3)’—

omit, insert—

section 276(1)(n) or (3)

2   Section 236(1)(c)(ii) and note—

omit, insert—

(ii)if any relevant lease is a mining lease—the main purposes of the Common Provisions Act, chapter 4 and the objectives of the Mineral Resources Act.

3   Section 284, after ‘petroleum tenure’—

insert—

holder

4   Section 284, ‘under a’—

omit, insert—

by

5   Section 381(a), ‘this chapter’—

omit, insert—

the Common Provisions Act, chapter 4

6   Section 549(b), ‘matters’—

omit, insert—

things

© State of Queensland 2024