Mineral and Energy Resources (Common Provisions) Act 2014 (Qld)

Mineral and Energy Resources (Common Provisions) Act 2014

An Act to provide for the first step in creating a simplified common framework for managing resource authorities in order to optimise development and use of Queensland’s mineral and energy resources and to manage overlapping coal and petroleum resource authorities for coal seam gas

Chapter 1    Preliminary

Part 1    Introduction

1   Short title

This Act may be cited as the Mineral and Energy Resources (Common Provisions) Act 2014.

2   Commencement

This Act commences on a day to be fixed by proclamation.

Part 2    Purposes and application of Act

3   Main purposes

The main purposes of this Act are—

(a)to consolidate particular provisions common to each of the Resource Acts; and

(b)to provide for particular common processes that apply to resource authorities; and

(c)to manage overlapping coal and petroleum resource authorities for coal seam gas; and

(d)to provide for the disqualification of persons from grant or transfer of particular resource authorities; and

(e)to assist in achieving the purposes of each of the Resource Acts.

4   How main purposes are achieved

(1)The main purposes are achieved by providing for the following matters mainly in this Act, rather than in each of the Resource Acts—

(a)dealings, caveats and associated agreements;

(b)land access;

(c)the framework for overlapping coal and petroleum resource authorities for coal seam gas;

(d)the disqualification from grant or transfer of particular resource authorities;

(e)the resource authority register;

(f)other miscellaneous matters.

(2)It is the intention of Parliament that this Act lead towards the replacement of the Resource Acts with a simplified common framework that will apply to all resource authorities.

5   Act binds all persons

(1)This Act binds all persons, including the State and as far as the legislative power of the Parliament permits, the Commonwealth and the other States.

(2)Nothing in this Act makes the State, the Commonwealth or another State liable to be prosecuted for an offence against this Act.

6   Relationship with Resource Acts

(1)This Act is to be read and construed with, and as if it formed part of, each Resource Act.

(2)Without limiting subsection (1), the following principles apply—

(a)this Act is not intended to exclude, limit or otherwise affect the operation of a Resource Act unless this Act otherwise expressly provides;

(b)a reference to ‘this Act’ in a provision of a Resource Act relating to any of the following matters includes a reference to this Act—

(i)the functions or powers of an authorised officer under a Resource Act, including, for example, the power to give a compliance direction;

(ii)the functions or powers of a Minister under a Resource Act, including, for example, the power to take noncompliance action;

(iii)proceedings for an offence against a provision of a Resource Act;

(c)if the context permits, a reference to ‘this Act’ in a provision of a Resource Act, other than a provision mentioned in paragraph (b), includes a reference to this Act.

(3)Without limiting subsection (2)(a), this Act is not intended to exclude, limit or otherwise affect the following unless this Act otherwise expressly provides—

(a)the power under a Resource Act to grant a resource authority;

(b)the carrying out of authorised activities for a resource authority;

(c)the duties, obligations, requirements or restrictions imposed on a resource authority holder.

(4)Despite subsections (2)(a) and (3), if this Act is inconsistent with a Resource Act, this Act prevails to the extent of the inconsistency.

(5)Without limiting subsection (1), (2), (3) or (4)—

(a)if a provision of this Act deals with a particular matter and a provision of a Resource Act deals with the same matter and it is impossible to comply with both provisions, a person must comply with the provision of this Act and is excused from complying with the provision of the Resource Act, to the extent that it can not be complied with; and

(b)if a provision of this Act deals with a particular matter and a provision of a Resource Act deals with the same matter and it is possible to comply with both provisions, a person must comply with both provisions.

7   Reference to a Resource Act includes reference to this Act

If the context permits, a reference in another Act or document to a Resource Act is taken to include a reference to this Act.

Part 3    Interpretation

Division 1 Dictionary

8   Definitions

The dictionary in schedule 2 defines particular words used in this Act.

Division 2 Key definitions

9   What is a Resource Act

Each of the following is a Resource Act—

(a)the Mineral Resources Act;

(b)the P&G Act;

(c)the 1923 Act;

(d)the Geothermal Act;

(e)the Greenhouse Gas Act.

10   What is a resource authority

Each of the following is a resource authority—

(a)any of the following under the Mineral Resources Act—

•a prospecting permit;

•a mining claim;

•an exploration permit;

•a mineral development licence;

•a mining lease;

•a water monitoring authority;

(b)any of the following under the P&G Act—

•an authority to prospect;

•a petroleum lease;

•a data acquisition authority;

•a water monitoring authority;

•a survey licence;

•a pipeline licence;

•a petroleum facility licence;

(c)any of the following under the 1923 Act—

•an authority to prospect;

•a lease;

•a water monitoring authority;

(d)any of the following under the Geothermal Act—

•a geothermal exploration permit;

•a geothermal production lease;

(e)any of the following under the Greenhouse Gas Act—

•a GHG exploration permit;

•a GHG injection and storage lease;

•a GHG injection and storage data acquisition authority.

11   What is the authorised area

The authorised area, for a resource authority, means the area to which the resource authority relates.

11A   Graticulation of earth’s surface into blocks and sub-blocks

(1)A block is the land resulting from a notional division of the earth’s surface, each block being bounded—

(a)by 2 parallels of latitude 5 minutes apart, each parallel being a multiple of 5 minutes of latitude from the equator; and

(b)by 2 meridians of longitude 5 minutes apart, each meridian being a multiple of 5 minutes of longitude from the prime meridian.

(2)A sub-block is the land resulting from a notional division of a block into 25 areas, each sub-block being bounded by 2 parallels of latitude 1 minute apart and 2 meridians of longitude 1 minute of longitude apart.

(3)For subsections (1) and (2), latitude and longitude are defined by reference to the Australian Geodetic Datum 1966.

(4)Each block and sub-block must be identified in the way approved by the chief executive.

(5)Nothing in this section prevents the chief executive from representing blocks and sub-blocks in a spatial database by reference to a datum other than the Australian Geodetic Datum 1966.

(6)In this section—

Australian Geodetic Datum 1966 means the reference frame with—

(a)a reference spheroid with a major (equatorial) radius of 6,378,160m and a flattening of 100/29825; and

(b)its origin at the Johnston Geodetic Station in the Northern Territory, taken to be at 133º12'30.0771" east longitude and 25º56'54.5515" south latitude and to have a ground level of 571.2m above the reference spheroid.

Editor’s note—

The Australian Geodetic Datum 1966 was notified in the Commonwealth Gazette No. 84 on 6 October 1966 at page 4984.

12   Who is an owner of land and other things

(1)An owner, of land, means each person as stated in schedule 1 for the land.

(2)Also, a mortgagee of land is the owner of land if—

(a)the mortgagee is acting as mortgagee in possession of the land and has the exclusive management and control of the land; or

(b)the mortgagee, or a person appointed by the mortgagee, is in possession of the land and has the exclusive management and control of the land.

(3)If land or another thing has more than 1 owner, a reference in this Act to the owner of the land or thing is a reference to each of its owners.

13   What is private land

(1)Private land is—

(a)freehold land; or

(b)an interest in land less than fee simple held from the State under another Act.

(2)However, land is not private land to the extent of an interest in any of the following relating to the land—

(a)a mining interest under the Mineral Resources Act;

(b)a petroleum authority under the P&G Act or 1923 Act petroleum tenure under the 1923 Act;

(c)a geothermal tenure under the Geothermal Act;

(d)a GHG authority under the Greenhouse Gas Act;

(e)an occupation right under a permit under the Land Act 1994.

(3)Also, land owned by a public land authority is not private land.

14   What is public land

(1)Public land is any land other than—

(a)private land; or

(b)to the extent an interest in any of the following relates to the land—

(i)a mining interest under the Mineral Resources Act;

(ii)a petroleum authority under the P&G Act or 1923 Act petroleum tenure under the 1923 Act;

(iii)a GHG authority under the Greenhouse Gas Act;

(iv)a geothermal tenure under the Geothermal Act;

(v)an occupation right under a permit under the Land Act 1994.

(2)Public land includes a public road.

15   What is a public road

A public road is an area of land that—

(a)is open to or used by the public; and

(b)is developed for or has as 1 of its main uses—

(i)the driving or riding of motor vehicles; or

(ii)pedestrian traffic; and

(c)is controlled by a public road authority.

Examples of an area of land that may be included in a road—

•a bridge, culvert, ford, tunnel or viaduct

•a pedestrian or bicycle path

15A    What is an advanced activity

An advanced activity, for a resource authority, is an authorised activity for the resource authority other than a preliminary activity for the resource authority.

Examples—

•levelling of drilling pads and digging sumps

•earthworks associated with pipeline installation

•bulk sampling

•open trenching or costeaning with an excavator

•vegetation clear-felling

•constructing an exploration camp, concrete pad, sewage or water treatment facility or fuel dump

•geophysical surveying with physical clearing

•carrying out a seismic survey using explosives

•constructing a track or access road

•changing a fence line

15B   What is a preliminary activity

(1)A preliminary activity, for a resource authority, is an authorised activity for the authority that will have no impact, or only a minor impact, on the business or land use activities of any owner or occupier of the land on which the activity is to be carried out.

Examples—

•walking the area of the authority

•driving along an existing road or track in the area

•taking soil or water samples

•geophysical surveying not involving site preparation

•aerial, electrical or environmental surveying

•survey pegging

(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.

Chapter 2    Dealings, caveats and associated agreements

Part 1    Dealings

16   What is a dealing

A dealing, in relation to a resource authority, is—

(a)any transaction or arrangement that causes the creation, variation, transfer or extinguishment of an interest in the resource authority; or

(b)another transaction, arrangement or circumstance, prescribed by regulation, that affects the resource authority.

17   Prescribed dealings require approval of Minister and registration

(1)A regulation may prescribe the dealings with a resource authority (each a prescribed dealing) that must be approved by the Minister under this part, and registered, to have effect.

(2)A prescribed dealing has no effect unless, and until, it is approved by the Minister under this part and registered.

17A   Notifiable dealings require notice to chief executive and registration

(1)A regulation may prescribe the dealings with a resource authority (each a notifiable dealing) that must be notified to the chief executive under this part, and registered, to have effect.

(2)A notifiable dealing has no effect unless, and until, it is notified to the chief executive under this part and registered.

18   Prohibited dealings have no effect

(1)The following dealings with a resource authority are prohibited—

(a)a dealing with a resource authority that transfers a divided part of the authorised area for the resource authority, unless the dealing is—

(i)a sublease of a resource authority that is a lease; or

(ii)a transfer of a sublease mentioned in subparagraph (i) or of a share in the sublease;

(b)a dealing with a resource authority prescribed by regulation as prohibited.

(2)A dealing with a resource authority prohibited under subsection (1) must not be registered under this part and has no effect.

19   Application for Minister’s approval of prescribed dealing

(1)The following entities may apply to the Minister for approval of a prescribed dealing—

(a)the affected resource authority holder;

(b)any other entity with the affected resource authority holder’s consent.

(2)Chapter 6, part 1 applies for processing the application, and the Minister must decide to either refuse to give the approval or give the approval with or without conditions.

Note—

See section 23 if the approval relates to a prescribed dealing for which an indicative approval has been given under that section.

(3)If the Minister decides to give the approval, the chief executive must register the prescribed dealing as soon as possible after the approval is given.

(4)To remove any doubt, it is declared that registration under subsection (3) is subject to sections 20 and 21.

(5)In this section—

affected resource authority holder means—

(a)for a prescribed dealing affecting the whole of a resource authority—the holder of the resource authority; or

(b)for a prescribed dealing affecting a share in a resource authority—the holder of the share.

19A    Rejection of application if intended transferee disqualified

(1)The Minister must reject an application for approval of a prescribed dealing that is a transfer of a resource authority or a share in a resource authority if the Minister decides the intended transferee of the resource authority or share is disqualified under section 196C from being transferred the resource authority or share.

(2)However, subsection (1) does not apply to a transfer of a share in a resource authority if—

(a)the share is being transferred to a person who already holds a share in the resource authority; and

(b)the person transferring the share continues, after the transfer, to hold a share in the resource authority.

19B   Notice to chief executive to register notifiable dealing

(1)The ordinary rule is that the following entities may give notice to the chief executive of a notifiable dealing to enable its registration—

(a)the affected resource authority holder;

(b)any other entity with the affected resource authority holder’s consent.

(2)However, if a notifiable dealing is required to be executed because of the operation of a law, a regulation may change the ordinary rule by prescribing the following—

(a)who may or must give notice to the chief executive;

(b)the period within which the notice must be given.

Example of dealing required to be executed because of the operation of a law—

the transfer of an interest in a resource authority because of the death of the resource authority holder

(3)The notice must be—

(a)in the approved form; and

(b)accompanied by the fee prescribed by regulation.

(4)The chief executive must register the notifiable dealing as soon as possible after the notice is given.

(5)Subsection (6) applies if the notifiable dealing is—

(a)a transmission by death of a resource authority or a share in a resource authority; or

(b)a transfer of a resource authority or a share in a resource authority by operation of law.

(6)The chief executive may register the notifiable dealing only if the proposed transferee is—

(a)an eligible person; and

(b)for a resource authority other than a small scale mining tenure within the meaning of the Environmental Protection Act—a registered suitable operator under the Environmental Protection Act.

(7)To remove any doubt, it is declared that registration under subsection (4) or (6) is subject to sections 20 and 21.

(8)In this section—

affected resource authority holder means—

(a)for a notifiable dealing affecting the whole of a resource authority—the holder of the resource authority; or

(b)for a notifiable dealing affecting a share in a resource authority—the holder of the share.

20   Unpaid royalties prevent registration of dealing

(1)This section applies if a prescribed dealing or notifiable dealing is a transfer of a resource authority or a share in a resource authority.

(2)However, this section does not apply to a transfer of a share in a resource authority if—

(a)the share is being transferred to a person who already holds a share in the resource authority; and

(b)the person transferring the share continues, after the transfer, to hold a share in the resource authority.

(3)The prescribed dealing or notifiable dealing must not be registered, and can not take effect, under this part while any royalty payable by the holder of the resource authority remains unpaid.

21   Failure to pay contribution to scheme fund or give surety prevents registration of dealing

(1)This section applies if—

(a)the Minister approves a prescribed dealing, or the chief executive is given notice of a notifiable dealing, that is either of the following—

(i)a changed holder event under the Mineral and Energy Resources (Financial Provisioning) Act 2018 for a resource authority that authorises the carrying out of a resource activity for an environmental authority;

(ii)a transfer of a small scale mining tenure mentioned in the Mineral and Energy Resources (Financial Provisioning) Act 2018, section 53(i); and

(b)a contribution to the scheme fund is required to be paid, or a surety required to be given, for the environmental authority or small scale mining tenure, under the Mineral and Energy Resources (Financial Provisioning) Act 2018.

(2)The prescribed dealing or notifiable dealing must not be registered unless the entity that will be the holder of the resource authority, or small scale mining tenure, on registration of the prescribed dealing or notifiable dealing has paid the contribution to the scheme fund, or given the surety, under the Mineral and Energy Resources (Financial Provisioning) Act 2018.

22   Security may be required

(1)This section applies if a prescribed dealing is a transfer of a resource authority or of a share in a resource authority.

(2)As a condition of deciding to give an approval under section 19, the Minister may require the proposed transferee to give the State security for the resource authority.

(3)The provisions of the relevant Resource Act for giving security for the type of resource authority are taken to apply to the proposed transferee and the security as if the security were given under those provisions.

Examples of the provisions of the relevant Resource Act—

•For the Geothermal Act, see chapter 6, part 4.

•For the Greenhouse Gas Act, see chapter 5, part 6.

•For the Mineral Resources Act, see sections 83, 144, 190 and 277.

•For the 1923 Act, see part 6G.

•For the P&G Act, see chapter 5, part 1.

23   Indication of Minister’s approval to register

(1)This section applies for a proposed prescribed dealing.

(2)The prescribed applicant for the proposed prescribed dealing may apply to the Minister for an indication of (an indicative approval)—

(a)whether the Minister is likely to approve the proposed prescribed dealing; and

(b)what, if any, conditions are likely to be imposed by the Minister.

(3)Chapter 6, part 1 applies for processing the application, and the Minister must decide to either refuse to give the indicative approval or give the indicative approval with or without conditions.

(4)Subsection (5) applies if—

(a)the indicative approval indicates the Minister will approve the proposed prescribed dealing; and

(b)within the prescribed period, the prescribed applicant applies to the Minister under section 19 for approval of the proposed prescribed dealing.

(5)The Minister must grant the approval in accordance with the indicative approval unless—

(a)the proposed prescribed dealing is a transfer of the resource authority, or a share in the resource authority, and the proposed transferee is not eligible to be a resource authority holder under this Act or the relevant Resource Act; or

(b)the application for the indicative approval contained incorrect material information or omitted material information and, had the Minister been aware of the discrepancy, the Minister would not have given the indicative approval; or

(c)preconditions for the indicative approval have not been complied with.

(6)To remove any doubt, it is declared that granting of the approval is subject to sections 20, 21 and 22.

(7)In this section—

preconditions, for an indicative approval, means conditions imposed on the approval under this section that must be complied with before a related application is made for approval under section 19.

prescribed applicant, for a proposed prescribed dealing, means the entity that may, under section 19(1), apply for approval of the dealing.

23A   Effect of registration and Minister’s approval

The registration of a prescribed dealing or notifiable dealing under this part, or an approval of the Minister under section 19, allows the dealing to have effect according to its terms but does not of itself give the dealing any more effect or validity than it would otherwise have.

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.

Part 3    Associated agreements

32   What is an associated agreement

(1)An associated agreement, for a resource authority, means an agreement relating to the resource authority.

(2)However, neither of the following agreements is an associated agreement—

(a)a prescribed dealing;

(b)a notifiable dealing;

(c)another agreement prescribed by regulation.

33   Recording associated agreements

(1)The holder of a resource authority to which an associated agreement relates may apply to the chief executive to have the agreement recorded in the register against the resource authority.

(2)The application may include the date on which the associated agreement expires and it is to be removed from the register.

(3)Chapter 6, part 1 applies for processing the application.

(4)After lodgement of a valid application, the chief executive must record the associated agreement in the register against the resource authority to which the agreement relates.

(5)The chief executive is not required to examine, or to determine the validity of, an associated agreement.

34   Effect of recording associated agreements

The recording of an associated agreement in the register does not of itself—

(a)give the agreement any more effect or validity than it would otherwise have; or

(b)create an interest in the resource authority against which it is recorded.

35   Removing associated agreements from register

(1)The holder of a resource authority to which an associated agreement relates may apply to the chief executive to have the agreement removed from the register.

(2)Chapter 6, part 1 applies for processing the application.

(3)After lodgement of a valid application, the chief executive must remove the associated agreement from the register.

Chapter 3    Land access

Part 1    Land access codes

36   Making of land access codes

A regulation may make 1 or more codes for all Resource Acts (each a land access code) that—

(a)states best practice guidelines for communication between the holders of resource authorities and owners and occupiers of land, public land authorities and public road authorities; and

(b)imposes on resource authorities mandatory conditions concerning the conduct of authorised activities on land.

Part 2    Private land

Division 1 Application of part

37   Application of part

This part does not apply in relation to the following resource authorities under the Mineral Resources Act—

(a)a prospecting permit;

(b)a mining claim;

(c)a mining lease.

Division 2 Entry for authorised activities and access requires entry notice

38   Application of division

This division applies to an entry to private land for the purpose of—

(a)carrying out an authorised activity for a resource authority; or

(b)crossing access land for the resource authority; or

(c)gaining entry to access land for the resource authority.

39   Obligation to give entry notice to owners and occupiers

(1)A person must not enter private land for a purpose mentioned in section 38 unless the resource authority holder has given each owner and occupier of the land an entry notice about the entry.

Maximum penalty—500 penalty units.

(2)An entry notice is invalid if—

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

(b)it states a period for entry that is longer than the maximum period for entry; or

(c)it is not given to an owner or occupier at least 10 business days before the entry.

(3)However, an entry notice is not invalid if—

(a)given to an owner or occupier less than 10 business days before the entry; and

(b)the owner or occupier has agreed in writing to the shorter period.

(4)In this section—

give includes to give by publication if the resource authority holder has been given an approval to do so under section 41 and complies with the approval.

maximum period for entry means the maximum period, prescribed by regulation, that access to land is to be allowed for a particular entry to the land.

40   Exemptions from obligations

(1)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—

(a)the resource authority holder owns the land; or

(b)the resource authority holder has an independent legal right to enter the land for the purpose; or

(c)the entry is to preserve life or property or because of an emergency that exists or may exist; or

(d)the entry is authorised under the relevant Resource Act for the resource authority; or

(e)the entry is of a type prescribed by regulation.

(2)An obligation under this division to give an entry notice about an entry to private land for a purpose mentioned in section 38 also does not apply if the resource authority holder has 1 of the following with each owner and occupier of the land—

(a)a waiver of entry notice for the entry that is in effect;

Note—

An owner or occupier of land may give a waiver of entry notice for an entry to the land. See section 42.

(b)a conduct and compensation agreement for the land and—

(i)the agreement provides for alternative obligations for the entry; and

(ii)the holder complies with the alternative obligations for the entry;

(c)an opt-out agreement.

(3)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.

(4)In this section—

independent legal right, to enter land, means a right to enter the land that is enforceable under any law, including a common law right, but does not include a right to enter the land under this Act or a Resource Act.

Example of an independent legal right to enter land—

a contractual arrangement allowing a party to the contract to enter particular land

41   Approval to give entry notices by publication

(1)A resource authority holder may apply to the chief executive for approval to give an entry notice by publishing it in a stated way.

(2)The application may relate to more than 1 entry notice or a particular type of entry.

(3)The chief executive may give the approval only if satisfied—

(a)the publication will happen at least 20 business days before the entry; and

(b)for an owner or occupier who is an individual—it is impracticable to give the owner or occupier the notice personally.

(4)Chapter 6, part 1 applies for processing the application, and the chief executive must decide to either refuse to give the approval or give the approval with or without conditions.

42   Right to give waiver of entry notice

(1)An owner or occupier of land may give a waiver of entry notice for an entry made to the land for a purpose mentioned in section 38.

(2)A waiver of an entry notice—

(a)is invalid if it does not comply with the prescribed requirements for the notice; and

(b)can not be withdrawn during the notified period; and

(c)ceases to have effect at the end of the notified period.

(3)In this section—

notified period, for a waiver of entry notice, means the period stated in the notice as the period during which the land may be entered.

Division 3 Entry for advanced activities requires agreement

43   Carrying out advanced activities on private land requires agreement

(1)A person must not enter private land to carry out an advanced activity for a resource authority unless each owner and occupier of the land—

(a)is a party to a conduct and compensation agreement about the advanced activity and its effects; or

(b)is a party to a deferral agreement; or

(c)has elected to opt out from entering into a conduct and compensation agreement or deferral agreement under section 45; or

(d)is a party to—

(i)an arbitration under part 7, division 2, subdivision 3A; or

(ii)an application to the Land Court under section 96.

Maximum penalty—500 penalty units.

(2)This section does not apply for an entry to private land to carry out an advanced activity for a resource authority if—

(a)the resource authority holder owns the land; or

(b)the resource authority holder has an independent legal right to enter the land to carry out the activity; or

(c)the entry is to preserve life or property or because of an emergency that exists or may exist; or

(d)the entry is authorised under the relevant Resource Act for the resource authority; or

(e)the entry is of a type prescribed by regulation.

(3)This section does not limit the requirement under section 39 for a person to give an entry notice about the entry to private land for a purpose mentioned in section 38.

(4)In this section—

independent legal right, to enter land, means a right to enter the land that is enforceable under any law, including a common law right, but does not include a right to enter the land under this Act or a Resource Act.

44   Deferral agreements

(1)An owner or occupier of land may enter into an agreement (a deferral agreement) with a resource authority holder that a conduct and compensation agreement can be entered into after entry to the land.

(2)A deferral agreement is invalid if it does not comply with the prescribed requirements for the agreement.

45   Right to elect to opt out

(1)An owner or occupier of land may elect to opt out of entering into a conduct and compensation agreement or a deferral agreement with a resource authority holder.

(2)The election to opt out is an opt-out agreement and is invalid if it does not comply with the prescribed requirements for the agreement.

(3)Despite any term of the opt-out agreement, either party to the agreement may, by giving written notice to the other parties to the agreement, unilaterally terminate the agreement within 10 business days of a signed copy of the agreement being given to the owner or occupier of land.

(4)An opt-out agreement for land ends—

(a)according to its terms; or

(b)if the resource authority ends; or

(c)if it is terminated by a party under subsection (3); or

(d)if the parties enter into any of the following agreements—

(i)a deferral agreement;

(ii)a conduct and compensation agreement:

(iii)another opt-out agreement for the land.

Note—

An opt-out agreement does not negate a resource authority holder’s liability to compensate an eligible claimant. See section 81.

Division 4 Access to private land outside authorised area

Subdivision 1 Application

46   Application of division

This division does not apply in relation to mineral development licences under the Mineral Resources Act.

Subdivision 2 Access rights and access agreements

47   Limited access to private land outside authorised area

(1)A resource authority holder may exercise an access right over access land if—

(a)the following have agreed orally or in writing to the exercise of the rights—

(i)if exercising the rights is likely to have a permanent impact on access land—each owner and occupier of the land;

(ii)if exercising the rights is unlikely to have a permanent impact on access land—each occupier of the land; or

(b)the exercise of the rights is needed to preserve life or property or because of an emergency that exists or may exist.

(2)An agreement about the exercise of the rights mentioned in subsection (1)(a) is an access agreement.

(3)In this section—

access land, for a resource authority, means land, outside the authorised area for the resource authority, that it is reasonably necessary to allow the holder to cross in order to enter the authorised area.

Note—

See section 49 for the criteria for deciding whether access is reasonable.

access rights, over access land for a resource authority, means the right to—

(a)cross the access land if it is reasonably necessary to allow the holder to enter the authorised area; and

(b)carry out activities on the access land that are reasonably necessary to allow the crossing of the land.

Example for paragraph (b)—

opening a gate or fence

permanent impact, on land, means a continuing effect on the land or its use or a permanent or long-term adverse effect on its current lawful use by an occupier of the land.

Example of an exercise of access rights that is likely to have a permanent impact—

building a road

Example of an exercise of access rights that is unlikely to have a permanent impact—

opening or closing a gate

48   Owner or occupier must not unreasonably refuse to make access agreement

(1)An owner or occupier of access land must not, if asked by a resource authority holder, unreasonably refuse to make an access agreement with the holder.

(2)For subsection (1), the owner or occupier does not unreasonably refuse only because the owner or occupier asks for the agreement to be subject to reasonable and relevant conditions offered by the owner or occupier.

(3)If an owner or occupier has not made an access agreement within 20 business days after being asked to make the agreement by a resource authority holder, the owner or occupier is taken to have refused to make the agreement.

49   Criteria for deciding whether access is reasonable

(1)This section provides for matters to be considered in deciding whether—

(a)it is reasonably necessary for a resource authority holder to cross access land to allow the holder to enter the authorised area for the resource authority; or

(b)it is reasonably necessary for a resource authority holder to carry out activities on access land to allow the crossing of the land; or

(c)an owner or occupier of access land has unreasonably refused to make an access agreement.

(2)The resource authority holder must first show it is not possible or reasonable to exercise the access rights by using a formed road.

(3)After subsection (2) has been satisfied, the following must be considered—

(a)the nature and extent of any impact the exercise of the access rights will have on access land and the owner or occupier’s use and enjoyment of it;

(b)how, when and where, and the period during which, the resource authority holder proposes to exercise the access rights.

(4)In this section—

formed road means any existing road or track on private land or public land used, or that may reasonably be capable of being used, to drive or ride motor vehicles.

50   Additional topics for access agreements

(1)This section applies if a resource authority holder and an owner or occupier of access land make an access agreement for the exercise of access rights over the access land.

(2)The access agreement may provide for alternative obligations, for entry to the access land, to the entry notice obligations under section 39.

(3)If the access agreement is in writing, it may include a conduct and compensation agreement for the exercise or future exercise of access rights by the resource authority holder.

51   Other rights to grant entry not affected

This subdivision does not limit or otherwise affect the ability of an owner or occupier to grant a resource authority holder a right of access to land, including, for example, by the grant of an easement.

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.

Subdivision 3 Land Court resolution

52   Power of Land Court to decide access agreement

(1)If a dispute arises between a resource authority holder and an owner or occupier of land (the parties) about a matter mentioned in section 49(1), either party may apply to the Land Court for it to decide the matter.

(2)In deciding the matter, the Land Court—

(a)must have regard to section 49(2) and (3); and

(b)may impose conditions it considers appropriate for the exercise of the access rights.

(3)Conditions imposed under subsection (2)(b) are taken to be—

(a)if there is already an access agreement between the parties—conditions of that agreement; or

(b)if there is no access agreement between the parties—an access agreement between the parties.

53   Power of Land Court to vary access agreement

(1)A resource authority holder, or an owner or occupier of land, may apply to the Land Court to vary an access agreement between them.

(2)In deciding the application, the Land Court must have regard to section 49(2) and (3).

(3)The Land Court may vary the access agreement only if it considers the change is appropriate because of a material change in circumstances.

(4)This section does not prevent the owner or occupier and the resource authority holder from agreeing to vary the access agreement.

(5)The power of the Land Court to vary an access agreement is not limited by part 6.

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.

Division 5 Periodic report after entry of land

54   Report to owners and occupiers

(1)This section applies if—

(a)private land has been entered to carry out authorised activities for a resource authority; or

(b)access land for a resource authority has been entered in the exercise of the access rights over the land.

(2)The holder of the resource authority must, within the prescribed period, give each owner and occupier of the land a report about the entry.

(3)The report must comply with the prescribed requirements for the report.

(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.

Division 6 [Repealed]

55   [Repealed]

Part 3    Public land

Division 1 Entry to public lands and particular uses of public roads

56   Application of division

(1)This division applies for—

(a)an entry to public land; and

(b)the use of a public road, other than a notifiable road use.

Note—

For the obligations of a resource authority holder for a notifiable road use, see division 2.

(2)However, this division does not apply in relation to the following resource authorities under the Mineral Resources Act—

(a)a prospecting permit;

(b)a mining claim;

(c)a mining lease.

57   What is a periodic entry notice

(1)A periodic entry notice is the first notice about an entry, or series of entries, to public land to carry out an authorised activity for a resource authority.

(2)A periodic entry notice must—

(a)state the period (the entry period) for which the resource authority holder, or any of the holder’s employees or agents, may enter the land to carry out the authorised activity; and

(b)be given to the public land authority no less than the prescribed period before the start of the entry period; and

(c)otherwise comply with the prescribed requirements for the notice.

(3)An entry period can not be longer than the prescribed period applying for the entry unless the public land authority agrees in writing to a longer period.

(4)A periodic entry notice that does not comply with this section is invalid.

58   Entry to public land to carry out authorised activity is conditional

(1)A person must not enter public land to carry out an authorised activity for a resource authority unless—

(a)the activity is an activity that may be carried out by a member of the public without requiring specific approval of the public land authority for the land; or

Example—

travelling on a public road in the area of the resource authority

(b)the public land authority for the land has given a waiver of entry notice for the entry; or

(c)the entry is made in compliance with a periodic entry notice given by the resource authority holder to the public land authority for the land under section 57; or

(d)the entry is needed to preserve life or property or because of an emergency that exists, or may exist.

Maximum penalty—100 penalty units.

(2)A person may comply with subsection (1)(b) or (c) despite merely being an applicant for the resource authority at the time of giving the notice.

59   Conditions public land authority may impose

(1)This section applies if a resource authority holder gives a public land authority a periodic entry notice about an entry to public land to carry out an authorised activity for the resource authority.

(2)The public land authority may, for the entry period stated in the notice, impose reasonable and relevant conditions on the resource authority holder about the entry to the public land or the carrying out of the authorised activity.

(3)The conditions may, for example, be about—

(a)giving the public land authority, at stated intervals, notice of particular activities being carried out on the land by or for the holder; or

(b)affecting other owners and occupiers of the public land.

(4)However, if the public land authority imposes a condition about giving the authority further notice of subsequent entries made during the entry period, the condition must require the notice be given—

(a)generally—at least 2 business days before the entry; or

(b)if the holder and the public land authority have agreed to a longer or shorter period for giving the notice—within the agreed period.

(5)The public land authority can not impose a condition for a resource authority or its relevant environmental authority that is—

(a)the same as a condition already applying to the authority; or

(b)substantially the same as a condition already applying to the authority; or

(c)inconsistent with a condition already applying to the authority.

(6)However, if the public land authority is the chief executive of the department in which the Nature Conservation Act 1992 is administered, that chief executive may impose a condition more stringent than the environmental authority’s conditions.

(7)The public land authority may vary any condition it imposes if the condition would otherwise be inconsistent with the requirements under subsection (5).

(8)If the public land authority decides—

(a)to impose a condition, other than a condition agreed to or requested by the resource authority holder; or

(b)to vary a condition, other than a variation agreed to or requested by the resource authority holder;

it must give the holder an information notice about the decision.

(9)The resource authority holder must comply with the conditions imposed by the public land authority.

Maximum penalty for subsection (9)—100 penalty units.

(10)In this section—

entry period, for a periodic entry notice, see section 57(2).

60   Right to give waiver of entry notice

(1)A public land authority for land may give a waiver of entry notice for an entry made to the land to carry out an authorised activity for a resource authority.

(2)A waiver of an entry notice—

(a)is invalid if it does not comply with the prescribed requirements for the notice; and

(b)can not be withdrawn during the notified period; and

(c)ceases to have effect at the end of the notified period.

(3)In this section—

notified period, for a waiver of entry notice, means the period stated in the notice as the period during which the land may be entered.

Division 2 Notifiable road use

61   Application of division

This division applies to the use of a public road if the use is a notifiable road use.

62   What is a notifiable road use

A notifiable road use, of a public road, is the use of the road as prescribed by regulation.

63   Use of public roads for notifiable road use

(1)A resource authority holder must not use a public road for a notifiable road use unless—

(a)the holder has given the public road authority for the road a notice, complying with the prescribed requirements, that the holder proposes to carry out the use; and

(b)1 of the following applies—

(i)the holder and the relevant public road authority have signed a compensation agreement for the use;

(ii)the public road authority has given written consent to the carrying out of the use;

(iii)an application has been made under section 100 to decide the holder’s compensation liability to the public road authority relating to the road.

(2)A requirement of a resource authority holder under subsection (1) is taken to be a condition of the resource authority.

64   Directions about notifiable road use

(1)The public road authority for a public road may, by written notice, give a resource authority holder a reasonable direction (a road use direction) about the way the holder may use the road for a notifiable road use.

Examples of what a direction may be about—

•when the road may be used

•the route for the movement of heavy vehicles

•safety precautions the holder must take

(2)The road use direction may also require the holder to—

(a)carry out an assessment of the impacts likely to arise from a notifiable road use the subject of the notice; and

(b)consult with the public road authority in carrying out the assessment.

(3)However—

(a)an assessment can not be required if the notifiable road use is transport relating to a seismic survey or drilling activity; and

(b)the public road authority can not require an assessment of an impact to the extent it has already been assessed under an EIS under the Environmental Protection Act or a similar document under another Act.

(4)A road use direction is invalid—

(a)to the extent it is about more than the following matters—

(i)preserving the condition of the road;

(ii)the safety of road users or the public; and

(b)if it is not accompanied by, or does not include, an information notice about the decision to give the direction.

(5)Compliance with a road use direction given to a resource authority holder is taken to be a condition of the resource authority.

65   Exemptions from div 2

(1)A resource authority or a project may be prescribed by regulation as being exempt from some or all of the provisions of this division.

(2)An exemption prescribed under subsection (1) may include conditions that must be complied with for the exemption to apply.

Part 4    Restricted land

Division 1 Preliminary

Subdivision 1 Application

66   Application of part

This part is additional to, and does not limit, parts 2 and 3.

Subdivision 2 Interpretation

67   Definitions for part

In this part—

prescribed activity, for a resource authority—

(a)means an authorised activity for the resource authority that is carried out—

(i)on the surface of land; or

(ii)below the surface of land in a way that is likely to cause an impact on the surface of the land, including, for example, subsidence of the land; and

(b)does not include—

(i)the installation of an underground pipeline or cable if the installation, including the placing of backfill, is completed within 30 days after the start of the installation; or

(ii)the operation, maintenance or decommissioning of an underground pipeline or cable; or

(iii)an activity that may be carried out on land by a member of the public without requiring specific approval of an entity; or

Example—

travelling on a public road in the area of a resource authority

(iv)crossing land in order to enter the area of the resource authority if the only entry to the area is through the land and—

(A)each owner and occupier of the land has agreed in writing to the resource authority holder crossing the land; or

(B)if an owner or occupier of the land has refused to agree to the resource authority holder crossing the land—the refusal is unreasonable having regard to the matters mentioned in section 49(2) and (3); or

(v)an activity prescribed by regulation.

prescribed distance ...

relevant owner or occupier, for restricted land for a resource authority, see section 69.

restricted land, for a resource authority, see section 68.

68   What is restricted land

(1)Restricted land, for a production resource authority or exploration resource authority, means—

(a)land within 200m laterally of any of the following—

(i)a permanent building used for any of the following purposes—

(A)a residence;

(B)a childcare centre, hospital or library;

(C)a community, sporting or recreational purpose or as a place of worship;

(D)a business;

(ii)an area used for any of the following purposes—

(A)a school;

(B)a prescribed ERA, under the Environmental Protection Act, that is aquaculture, intensive animal feedlotting, pig keeping or poultry farming;

(iii)an area, building or structure prescribed by regulation; or

(b)land within 50m laterally of any of the following—

(i)an area used for any of the following purposes—

(A)an artesian well, bore, dam or water storage facility;

(B)a principal stockyard;

(C)a cemetery or burial place;

(ii)an area, building or structure prescribed by regulation.

(2)Restricted land, for a resource authority other than a production resource authority or exploration resource authority, means land within 50m laterally of any area, building or structure mentioned in subsection (1).

(3)However, despite subsection (1), land is only restricted land for a production resource authority if the use of the area, building or structure mentioned in the subsection started before the application for the resource authority was made.

(4)In this section—

exploration resource authority means a resource authority that is—

(a)an exploration permit or mineral development licence under the Mineral Resources Act; or

(b)an authority to prospect under the P&G Act; or

(c)an authority to prospect under the 1923 Act; or

(d)a geothermal exploration permit under the Geothermal Act; or

(e)a GHG exploration permit under the Greenhouse Gas Act.

place of worship means a place used for the public religious activities of a religious association, including, for example, the charitable, educational and social activities of the association.

production resource authority means a resource authority that is—

(a)any of the following under the Mineral Resources Act—

•a mining claim;

•a mining lease; or

(b)any of the following under the P&G Act—

•a petroleum lease;

•a pipeline licence;

•a petroleum facility licence; or

(c)a lease under the 1923 Act; or

(d)a geothermal production lease under the Geothermal Act; or

(e)a GHG injection and storage lease under the Greenhouse Gas Act.

water storage facility—

(a)means an artificially constructed water storage facility that is connected to a water supply; and

(b)does not include an interconnecting water pipeline.

69   Who is a relevant owner or occupier

A relevant owner or occupier, for restricted land for a resource authority, is—

(a)for restricted land mentioned in section 68(1)(a)(i)—an owner or occupier of the permanent building; or

(b)for restricted land mentioned in section 68(1)(a)(ii)—an owner or occupier of the area; or

(c)for restricted land mentioned in section 68(1)(a)(iii), (1)(b) or (2)—an owner or occupier of the area, building or structure.

Division 2 Entry for particular authorised activities requires consent

70   Consent required for entry on restricted land

(1)A person must not enter restricted land for a resource authority, to carry out a prescribed activity for the resource authority, unless each relevant owner or occupier for the restricted land has given written consent to the resource authority holder to carry out the activity.

(2)The consent may be given on conditions.

(3)The conditions of the consent are taken to be conditions of the resource authority.

(4)The consent can not be withdrawn during the period stated in the consent as the period during which the holder may enter the land.

(5)This section does not apply to restricted land for a mining claim or mining lease under the Mineral Resources Act.

71   [Repealed]

Division 3 Land court declarations

72   Application to Land Court for declaration

(1)A prescribed person may apply to the Land Court for an order declaring the following—

(a)whether particular land is restricted land for a resource authority or the Mineral Resources Act, schedule 1, section 2;

(b)whether a particular activity is a prescribed activity for a resource authority.

(2)The Land Court must—

(a)if an application is made under subsection (1)(a)—make an order declaring whether the land is restricted land for the resource authority or the Mineral Resources Act, schedule 1, section 2; or

(b)if an application is made under subsection (1)(b)—make an order declaring whether the activity is a prescribed activity.

(3)The Court may make the other orders the Court considers appropriate.

(4)In this section—

prescribed person, for land, means—

(a)an owner or occupier of the land; or

(b)a holder of a resource authority for an area including the land; or

(c)a person carrying out, or intending to carry out, an activity on the land under the Mineral Resources Act, section 386V.

Part 4A    Rehabilitation and environmental management

72A   Application of part

This part applies in relation to all resource authorities.

72B    Right of access for authorised activities includes access for rehabilitation and environmental management

(1)This section applies if—

(a)under part 2 or 3, the holder of a resource authority has the right to enter private land or public land to carry out authorised activities for the resource authority; or

(b)under the Mineral Resources Act, the holder of a prospecting permit, mining claim or mining lease has the right to enter land to carry out authorised activities for the resource authority.

(2)The right includes a right to enter the land to carry out rehabilitation or environmental management required of the holder under any relevant environmental requirement under the Environmental Protection Act.

Part 5    Other resource authorities’ authorised areas

73   Application of part

(1)This part applies for a resource authority (the first resource authority) in relation to entry to land that is—

(a)outside its authorised area; and

(b)in the authorised area of another resource authority (the second resource authority).

(2)However, this part does not apply if the first resource authority is any of the following resource authorities under the Mineral Resources Act—

(a)a prospecting permit;

(b)a mining claim;

(c)a mining lease.

(3)If the land is also private land or public land (including restricted land), this part applies in addition to any obligations under part 2, 3 or 4.

74   Definitions for part

In this part—

first resource authority, for chapter 3 part 5, see section 73(1).

second resource authority, for chapter 3, part 5, see section 73(1)(b).

75   Access if second resource authority is a lease

If the second resource authority is a lease, the first resource authority holder may enter the land only if the second resource authority holder has consented in writing to the entry.

76   Access if second resource authority is not a lease

(1)If the second resource authority is not a lease, the first resource authority holder may do the following without the second resource authority holder’s consent—

(a)cross the land if it is reasonably necessary to allow the first resource authority holder to enter the first resource authority’s authorised area;

(b)carry out activities on the land that are reasonably necessary to allow the crossing of the land.

(2)However, a right under subsection (1) may be exercised only if its exercise does not adversely affect the carrying out of an authorised activity for the second resource authority.

(3)Subsection (2) applies whether or not the authorised activity has already started.

Part 6    Enduring effect of particular agreements, notices and waivers

77   Access agreements, entry notices and waivers not affected by dealing

A dealing in relation to a resource authority does not affect any of the following—

(a)an access agreement made in relation to the resource authority;

(b)an entry notice given for the resource authority;

(c)a waiver of entry notice made for the resource authority.

78   Entry notice and waivers not affected by change in ownership or occupancy

(1)If, after the giving of an entry notice under section 39, the ownership or occupancy of the affected land changes, the resource authority holder for which the entry notice was given is taken to have given that notice to each new owner or occupier of the land.

(2)If, after the giving of a waiver of entry notice, the ownership or occupancy of the affected land changes, each new owner or occupier of the land is taken to have given that waiver of entry notice.

(3)However, subsections (1) and (2) cease to apply for an entry notice or waiver of entry notice if the resource authority holder becomes aware of a new owner or occupier for the affected land and the holder does not give the new owner or occupier a copy of the notice or waiver within 15 business days.

79   Written access agreement binds successors and assigns

A written access agreement binds the parties to the agreement, and each of their successors and assigns.

Part 7    Compensation and negotiated access

Division 1 Compensation relating to private and public land

80   Application of division

This division does not apply in relation to the following resource authorities under the Mineral Resources Act—

(a)a prospecting permit;

(b)a mining claim;

(c)a mining lease.

81   General liability to compensate

(1)A resource authority holder is liable to compensate the following persons (each an eligible claimant) for each compensatable effect suffered by the eligible claimant because of the holder—

(a)an owner or occupier of private land that is—

(i)in the authorised area of the resource authority; or

(ii)access land for the resource authority;

(b)an owner or occupier of public land that is—

(i)in the authorised area of the resource authority; or

(ii)access land for the resource authority.

(2)The resource authority holder’s liability to compensate an eligible claimant under subsection (1) is the resource authority holder’s compensation liability to the eligible claimant.

(3)This section does not apply to a public road authority for a notifiable road use.

(4)In this section—

compensatable effect, suffered by an eligible claimant because of a resource authority holder, means—

(a)any of the following caused by the holder, or a person authorised by the holder, carrying out authorised activities on the eligible claimant’s land—

(i)deprivation of possession of the land’s surface;

(ii)diminution of the land’s value;

(iii)diminution of the use made, or that may be made, of the land or any improvement on it;

(iv)severance of any part of the land from other parts of the land or from other land that the eligible claimant owns;

(v)any cost, damage or loss arising from the carrying out of activities under the resource authority on the land; and

(b)consequential loss incurred by the eligible claimant arising out of a matter mentioned in paragraph (a).

Division 2 Conduct and compensation agreements

Subdivision 1 Application of division

82   Application of division

This division does not apply in relation to the following resource authorities under the Mineral Resources Act—

(a)a prospecting permit;

(b)a mining claim;

(c)a mining lease.

Subdivision 2 Making of conduct and compensation agreement

83   Conduct and compensation agreement

(1)An eligible claimant and a resource authority holder may enter into an agreement (a conduct and compensation agreement) about—

(a)how and when the holder may enter the land for which the eligible claimant is an eligible claimant; and

(b)how authorised activities, to the extent they relate to the eligible claimant, must be carried out; and

(c)the holder’s compensation liability to the claimant or any future compensation liability that the holder may have to the claimant.

(2)However, a conduct and compensation agreement can not be inconsistent with this Act, the relevant Resource Act, a condition of the resource authority or a mandatory provision of the relevant land access code, and is unenforceable to the extent of the inconsistency.

(3)A conduct and compensation agreement—

(a)may relate to all or part of the liability or future liability; and

(b)may be incorporated into another agreement.

Example for paragraph (b)—

an easement

(4)A conduct and compensation agreement is invalid if it does not comply with the prescribed requirements for the agreement.

Subdivision 2A Conferences with an authorised officer

83A   Party may request conference

(1)This section applies if a dispute arises about a matter mentioned in section 83(1)(a), (b) or (c).

(2)Either the resource authority holder or eligible claimant (each a party) may give a notice (a conference election notice) to the other party requesting the other party to participate in a conference conducted by an authorised officer to seek to negotiate a resolution of the dispute.

(3)The conference election notice must state—

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

(b)any other information prescribed by regulation.

(4)However, a conference election notice may not be given under subsection (1) if an ADR election notice or arbitration election notice has already been given about the matters the subject of the dispute.

83B   Conduct of conference

(1)This section applies if a conference election notice is given under section 83A.

(2)The conference must be conducted under the prescribed requirements.

(3)The authorised officer conducting the conference must take all reasonable steps to hold the conference within 20 business days after the conference election notice is given (the usual period).

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

(5)If the parties agree to a longer period, and the authorised officer consents to the longer period, the longer period applies instead of the usual period.

(6)If a party gives the other party an ADR election notice, or arbitration election notice, about a matter mentioned in section 83A(3)(a), the conference ends.

(7)Nothing said by a person at the conference is admissible in evidence in a proceeding without the person’s consent.

Subdivision 3 Negotiation and ADR

84   Notice of intent to negotiate

(1)A resource authority holder may give an eligible claimant to whom the holder has a compensation liability a notice (the negotiation notice) that the holder wishes to negotiate a conduct and compensation agreement or a deferral agreement with the eligible claimant.

(2)The negotiation notice is invalid if it does not comply with the prescribed requirements for the notice.

85   Negotiations

(1)On the giving of the negotiation notice, the resource authority holder and the eligible claimant (the parties) must use all reasonable endeavours to negotiate a conduct and compensation agreement or a deferral agreement.

(2)The period of the negotiations—

(a)must be at least for the prescribed period (the minimum negotiation period); and

(b)may continue for a longer period agreed to by the parties.

(3)If the parties agree to a longer period, the agreed longer period is the minimum negotiation period.

(4)The negotiations under this subdivision end if the parties enter into an opt-out agreement.

86   No entry to land during minimum negotiation period

(1)If, during the minimum negotiation period, the parties enter into a conduct and compensation agreement or a deferral agreement, the resource authority holder can not enter the relevant land to carry out advanced activities for the resource authority until the period ends.

(2)Subsection (1) applies despite the terms of the agreement.

87   Cooling-off during minimum negotiation period

(1)This section applies if the parties enter into a conduct and compensation agreement or a deferral agreement during the minimum negotiation period.

(2)Either party may, within the minimum negotiation period, terminate the agreement by giving notice to the other party.

(3)On the giving of a notice under subsection (2), the terminated agreement is taken never to have had any effect.

(4)To remove any doubt, it is declared that subsection (3) does not change the time when the negotiation notice was given.

88   Party may require ADR

(1)This section applies if, at the end of the minimum negotiation period, the parties have not entered into a conduct and compensation agreement relating to a dispute about a matter mentioned in section 83(1).

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

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

(4)A party given an ADR election notice must, within 10 business days after the notice is given, accept or refuse the type of ADR, and the ADR facilitator, proposed in the notice.

(5)If the party given an ADR election notice does not accept, under subsection (4), the type of ADR or ADR facilitator proposed in the notice, the party giving the notice may make another proposal, or obtain a decision from the Land Court or a prescribed ADR institute, about the matter not accepted.

(6)If a party obtains a decision under subsection (5) from the Land Court or a prescribed ADR institute, the party must give the other party notice of the decision.

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

89   [Repealed]

90   [Repealed]

91   Recovery of negotiation and preparation costs

(1)This section applies if an eligible claimant necessarily and reasonably incurs negotiation and preparation costs in entering or seeking to enter into a conduct and compensation agreement or deferral agreement with a resource authority holder.

(2)The resource authority holder is liable to pay to the eligible claimant the negotiation and preparation costs necessarily and reasonably incurred.

Subdivision 3A Arbitration

91A   Party may request arbitration

(1)This section applies if—

(a)a party has given a negotiation notice under section 84 to another party seeking to negotiate the resolution of a dispute and at the end of the minimum negotiation period, the parties have not negotiated a conduct and compensation agreement or deferral agreement; or

(b)a party has given an ADR election 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, the parties have not entered into a conduct and compensation agreement.

(2)Either party may give an arbitration election notice to the other party requesting the other party to participate in an arbitration to decide the dispute.

(3)A party given an arbitration election notice must, within 15 business days after the notice is given, accept or refuse the request for arbitration.

(4)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.

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

(6)If the parties do not, under subsection (5), jointly appoint an arbitrator, the party giving the arbitration election notice must require a prescribed arbitration institute to appoint an arbitrator, who is independent of both parties, to conduct the arbitration.

(7)A prescribed arbitration institute does not incur any civil monetary liability for an act or omission in the performance, or purported performance, of a function under subsection (6) unless the act or omission is done or made in bad faith or through negligence.

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

91B   [Repealed]

91D   [Repealed]

91E   [Repealed]

91F   Effect of arbitrator’s decision

(1)The arbitrator’s decision is final.

(2)The parties may not apply for review of, or appeal against, the decision.

(3)The arbitrator’s decision does not limit or otherwise affect a power of the Supreme Court to decide a decision of the arbitrator is affected by jurisdictional error.

(4)The arbitrator’s decision has the same effect as if the parties had entered into a binding and enforceable agreement to the same effect as the decision.

Subdivision 4 Recording particular agreements

92   Particular agreements to be recorded on titles

(1)A resource authority holder that is a party to either of the following agreements must, within 28 days after entering into the agreement, give the registrar notice of the agreement in the appropriate form—

(a)a conduct and compensation agreement;

(b)an opt-out agreement.

(2)If given a notice under subsection (1), the registrar must record in the relevant register the existence of the agreement.

(3)Subsection (4) applies if—

(a)the agreement ends; or

(b)the land the subject of the agreement is subdivided, in whole or part, and the agreement does not apply to land within a new lot that is created as a result of the subdivision.

(4)The resource authority holder that is a party to the agreement must give the registrar notice of the matter in the appropriate form within 28 days after—

(a)if subsection (3)(a) applies—the agreement ends; or

(b)if subsection (3)(b) applies—the day the resource authority holder becomes aware the land has been subdivided.

(5)If the registrar is given a notice under subsection (4) in relation to an agreement that has ended, the registrar must, if satisfied the agreement has ended or is no longer relevant for the land, remove the particulars of the agreement from the relevant register.

(6)If the registrar is given a notice under subsection (4) in relation to the subdivision of land, the registrar must, if satisfied the agreement is not relevant for a new lot created by the subdivision, remove the particulars of the agreement from the relevant register to the extent it relates to the new lot.

(7)The registrar must also remove the particulars of the agreement from the relevant register if—

(a)requested to do so, in the appropriate form, by a party to the agreement; and

(b)the registrar is satisfied the agreement has ended or is no longer relevant for the land.

(8)A resource authority holder complying with subsection (1) or (4) is liable for the costs of recording the agreement in, or removing the agreement from, the relevant register.

(9)A notice given under this section is invalid if it does not comply with the prescribed requirements for the notice.

(10)A requirement of a resource authority holder under subsection (1) or (4) is a condition of the resource authority.

(11)In this section—

appropriate form—

(a)if the agreement relates to land to which the Land Title Act 1994 applies—see schedule 2 of that Act;

(b)if the agreement relates to land to which the Land Act 1994 applies—see schedule 6 of that Act.

party, to a conduct and compensation agreement or opt-out agreement, includes the successors and assigns of the party that are bound by the agreement under chapter 3, part 7, division 5.

registrar means the registrar of titles under the Land Title Act 1994.

relevant register means—

(a)for freehold land—the freehold land register; or

(b)for any other land—the registry under section 275 of the Land Act 1994.

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.

(b)the applicants jointly give written notice to the chief executive of the agreement.

(5)For applying the requirements under the new overlap provisions to give an advance notice for the ML (coal)—

(a)if the new overlap provisions apply under subsection (3)(b) to the circumstances of the applications—the ML (coal) holder complies with section 121(2) if the ML (coal) holder gives the advance notice to the PL holder within 10 business days after the commencement of chapter 7; or

(b)if the new overlap provisions apply under subsection (4) to the circumstances of the applications—the ML (coal) holder complies with section 121(2) if the ML (coal) holder gives the advance notice to the PL holder within 10 business days after the notice is given to the chief executive under subsection (4)(b).

(6)Despite section 115(2)(a), the mining commencement date for an IMA to be included in the advance notice must be at least 6 years after the commencement.

(7)If neither the ML (coal) nor the PL are granted within 6 years after the commencement, the mining commencement date for an IMA must be—

(a)if the ML (coal) application is the first application to be granted after the 6 years have ended—at least 3 months after the grant of the ML (coal), unless the ML (coal) holder and the petroleum resource authority holder otherwise agree; or

(b)if the PL application is the first application to be granted after the 6 years have ended—at least 5 years after the 6 years have ended, unless the PL holder and the coal resource authority holder otherwise agree.

(8)This section applies despite divisions 3 and 4.

(9)In this section—

coordination arrangement means an arrangement that was—

(a)made under the pre-amended P&G Act, section 234(1) to (4) before 27 September 2016; and

(b)approved by the Minister under the pre-amended P&G Act, section 236(1) before 27 September 2016, whether or not the approval has taken effect under the P&G Act.

Division 5 Modification of particular provisions of Common Provisions Act for Surat Basin area

242   Application of div 5

(1)This division applies to the giving of an advance notice or an acceleration notice if—

(a)a person holds a petroleum lease (csg) granted after the commencement but not later than 31 December 2016; and

(b)another person applies for an ML (coal) after the commencement but before 1 July 2020; and

(c)there is an overlapping area that is the subject of both the petroleum lease (csg) and the ML (coal); and

(d)some or all of the overlapping area is located in the Surat Basin Transitional Area.

(2)In this section—

Surat Basin Transitional Area means the area prescribed by regulation.

243   Requirements for advance notice and acceleration notice

(1)Despite sections 115 and 121, the advance notice given by the applicant for the ML (coal) must not state a mining commencement date for an IMA or RMA for the overlapping area that is before 1 July 2030, unless the holder of the petroleum lease (csg) agrees to an earlier date.

(2)Despite section 128, if the ML (coal) holder gives the holder of the petroleum lease (csg) an acceleration notice, the mining commencement date stated in the notice must not be earlier than 1 July 2020, unless the holder of the petroleum lease (csg) agrees to an earlier date.

Part 5    Provisions about application of section 232

243A   Application generally

Section 232 does not, and never did, affect the operation of the Mineral Resources Act, section 826.

243B    Application to coal resource authority granted over replacement PL

(1)This section applies if a coal resource authority, whenever granted, overlaps a PL that—

(a)was granted after the relevant commencement; and

(b)is a replacement tenure under the P&G Act, section 908(2).

(2)Section 232 applies to the coal resource authority and PL as if the PL were granted before the relevant commencement.

(3)This section applies to a PL mentioned in subsection (1) even if it was granted before the commencement of this section.

(4)In this section—

coal resource authority see section 103.

overlaps see section 231.

PL means a petroleum lease (csg) within the meaning of section 103.

relevant commencement means the commencement of part 4.

Chapter 10    Further transitional provisions

Part 1    Transitional provision for Land Access Ombudsman Act 2017

244    Provision inserted into Act prevails over provision of transitional regulation

If there is an inconsistency between a provision inserted into this Act by the Land Access Ombudsman Act 2017, and a provision of the Mineral and Energy Resources (Common Provisions) Transitional Regulation 2016, the provision inserted into the Act prevails to the extent of the inconsistency.

Part 2    Transitional provisions for Mineral, Water and Other Legislation Amendment Act 2018

245   Election notice

(1)This section applies if, before the commencement—

(a)a party gave, under section 88 as in force before the commencement, another party an election notice—

(i)asking for an authorised officer to call a conference to negotiate a conduct and compensation agreement; or

(ii)calling upon the party to agree to an ADR to negotiate a conduct and compensation agreement; and

(b)the conference was not finished under section 89 as in force before the commencement, or the ADR was not finished under section 90 as in force before the commencement.

(2)The Act, as in force immediately before the commencement, continues to apply in relation to—

(a)the conference or ADR; and

(b)any proceeding in the Land Court, whether started before or after the commencement, that relates to the concerns the subject of the conference or ADR.

(3)The new arbitration provisions do not apply in relation to the concerns the subject of the conference or ADR.

(4)In this section—

new arbitration provisions means the provisions inserted into chapter 3 under the Mineral, Water and Other Legislation Amendment Act 2018.

246   Recovery of particular negotiation and preparation costs

(1)This section applies if negotiation and preparation costs incurred by an eligible claimant under section 91(1) include the costs of an agronomist.

(2)The resource authority holder is liable to pay to the eligible claimant, under section 91(2), the costs of the agronomist only if the costs were incurred by the eligible claimant after the commencement.

(3)The Land Court may, under section 96B, make a declaration or order in relation to the costs of the agronomist only if the costs were incurred by the eligible claimant after the commencement.

Part 3    Transitional provisions for Mineral and Energy Resources and Other Legislation Amendment Act 2020

247   Application for approval to register particular prescribed dealings taken to be notification of particular notifiable dealings

(1)This section applies if —

(a)before the commencement, an application was made under section 19 for approval to register a prescribed dealing mentioned in the Mineral and Energy Resources (Common Provisions) Regulation 2016, section 4(1)(a) or (f) as in force before the commencement; and

(b)immediately before the commencement, the prescribed dealing mentioned in paragraph (a) had not been registered.

(2)The application is taken to be a notice to the chief executive of a notifiable dealing to enable its registration under section 19B(1).

248   Disqualification of applicants

The power of a decision-maker for a prescribed matter to decide an applicant for the matter is disqualified under section 196C applies only if the application or tender constituting the prescribed matter was made after the commencement.

Schedule 1 Owners of land

section 12

1   Freehold land

The owner of freehold land is the registered owner of the land.

2   Deed of grant

The owner of land for which a person is, or will on performing conditions, be entitled to a deed of grant in fee simple, is that person.

3   Fee simple being purchased from State

The owner of land that is an estate in fee simple being purchased from the State is the purchaser.

4   Public roads

The owner of a public road is the public road authority for the road.

5   Busways, railways and other land used to transport

(1)The owner of land that is busway land, light rail land, rail corridor land or a cane railway or other railway is the public land authority for the land.

(2)The owner of land required under the Transport Infrastructure Act 1994, section 436 is the chief executive of the department in which that Act is administered.

(3)The owner of transport land under the Transport Planning and Coordination Act 1994 is the chief executive of the department in which that Act is administered.

6   Forests and quarry materials

(1)The owner of any of the following land is the chief executive of the department in which the Forestry Act 1959 is administered—

(a)land that is a forest entitlement area, State forest or timber reserve under the Forestry Act 1959;

(b)land within a forest management unit included in the spatial data prescribed by regulation;

(c)land that is a quarry material management unit included in the spatial data prescribed by regulation.

(2)The owner of land, that is a licence area under the Forestry Act 1959, is the plantation licensee for the licence area under that Act.

7   Parks and reserves under the Nature Conservation Act 1992

(1)The owner of land that is a conservation park or resources reserve under the Nature Conservation Act 1992 (the NCA) is—

(a)if, under the NCA, the park or reserve has trustees whose powers are not restricted—the trustees; or

(b)otherwise—the chief executive of the department in which the NCA is administered.

(2)The owner of land that is any of the following land under the Nature Conservation Act 1992 is the chief executive of the department in which the NCA is administered—

(a)a national park (scientific);

(b)a national park;

(c)a national park (Aboriginal land);

(d)a national park (Cape York Peninsula Aboriginal Land);

(e)a national park (Torres Strait Islander land);

(f)a forest reserve.

8   Wet tropics

(1)The owner of land, that is in the wet tropics area, is the Wet Tropics Management Authority.

(2)In this section—

Wet Tropics Management Authority means the Wet Tropics Management Authority established under the Wet Tropics World Heritage Protection and Management Act 1993, section 6.

wet tropics area means the wet tropics area within the meaning of the Wet Tropics World Heritage Protection and Management Act 1993.

9   Aboriginal and Torres Strait Islander land

(1)The owner of land that is DOGIT land under the Aboriginal Land Act 1991 or the Torres Strait Islander Land Act 1991 is a trustee for the land.

(2)The owner of land that is held under a lease under the Aurukun and Mornington Shire Leases Act 1978, section 3 is the relevant local government.

(3)The owner of Aboriginal land under the Aboriginal Land Act 1991 that is taken to be a reserve because of section 202(2) or 202(4)(b) of that Act is the trustee of the land.

(4)The owner of Torres Strait Islander land under the Torres Strait Islander Land Act 1991 that is taken to be a reserve because of section 151(2) of that Act is the trustee of the land.

(5)The owner of land that is lease land for a 1985 Act granted lease or a new Act granted lease, under the Aboriginal and Torres Strait Islander Land Holding Act 2013, is the lessee.

10   Trustee land

The owner of land for which there are trustees under the Land Act 1994 is the trustee.

11   Educational institutions

The owner of land vested in the Minister administering the Education (General Provisions) Act 2006 is the chief executive of the department in which that Act is administered.

12   Public buildings

The owner of land vested in the Queensland Housing Commission or another Minister or a chief executive responsible for constructing public buildings is the chief executive administering the relevant Act.

13   Other public lands

The owner of land held from the State under another Act under an interest less than fee simple (other than occupation rights under a permit under the Land Act 1994) is the person who holds the interest.

Schedule 2 Dictionary

section 8

18 months notice, for chapter 4, see section 122.

1923 Act means the Petroleum Act 1923.

abandonment date, for chapter 4, see section 129(2)(b).

acceleration notice, for chapter 4, see section 128(2).

access agreement see section 47(2).

access land, for a resource authority, see section 47(3).

access rights see section 47(3).

ADR means a non-binding alternative dispute resolution process, including, for example, a case appraisal, conciliation, mediation or negotiation.

ADR election notice means a notice complying with section 196I.

ADR facilitator means a person who facilitates ADR.

ADR period, for ADR, means the period applying under section 196K(1) or (3) in relation to the ADR.

advanced activity, for a resource authority, see section 15A.

advance notice, for chapter 4, see section 121.

affected resource authority ...

agreed co-existence plan, for chapter 5, see section 174A.

agreed joint development plan, for chapters 4 and 5, see section 103.

agreed mining commencement date ...

agreed plan, for chapter 5, see section 174A.

applicant, for chapter 7, see section 196A.

application, for chapter 6, part 1, see section 186.

approved payment method, for a fee, see section 203(2).

arbitration, for chapter 4, see section 103.

arbitration election notice means a notice complying with section 196N.

area, for chapter 4, see section 103.

associate, of an applicant for a prescribed matter, for chapter 7, see section 196A.

associated agreement, for a resource authority, for chapter 2, part 3, see section 32.

ATP, for chapter 4, see section 103.

ATP major gas infrastructure, for chapter 4, see section 166.

authorised activity, for a resource authority, has the meaning given by the particular Resource Act under which the resource authority is granted.

Example—

For the meaning of the authorised activity when used in a provision in relation to a GHG authority, see the Greenhouse Gas Act, section 22.

authorised area, for a resource authority, see section 11.

authorised officer, in relation to a resource authority, has the meaning given by the particular Resource Act under which the resource authority is granted.

authorising provision, for an application, for chapter 6, part 1, see section 186.

authority to prospect (csg), for chapter 4, see section 103.

coal mine, for chapter 4, see section 103.

coal mining operations, for chapter 4, see section 103.

coal resource authority, for chapter 4, see section 103.

coal seam gas means a substance (in any state) occurring naturally in association with coal, or with strata associated with coal mining, if the substance is petroleum under the P&G Act.

co-existing area, for chapter 5, see section 174A.

column 1 resource authority, for chapter 4, see section 103.

column 2 resource authority, for chapter 4, see section 103.

compensation liability—

(a)for chapter 3—

(i)to an eligible claimant, see section 81(2); or

(ii)to a public road authority, see section 93(2); or

(b)for chapter 4—

(i)of an ML (coal) holder to a PL holder, see section 167(3); or

(ii)of an ML (coal) holder to an ATP holder, see section 168(3).

compensation liability, to a public road authority ...

compensation liability, for chapter 4 ...

concurrent notice, for chapter 4, see section 149(2).

conduct and compensation agreement see section 83(1).

conference election notice ...

confirmation notice, for chapter 4, see section 123.

corresponding column 1 resource authority, for chapter 4, see section 103.

corresponding column 2 resource authority, for chapter 4, see section 103.

criminal history, of a person, for chapter 7, see section 196A.

dealing, in relation to a resource authority, see section 16.

deciding authority, for an application, for chapter 6, part 1, see section 186.

decision-maker, for a prescribed matter, for chapter 7, see section 196A.

deferral agreement see section 44(1).

diluted incidental coal seam gas, for chapter 4, see section 136.

director, of a body corporate, for chapter 7, see section 196A.

election notice ...

eligible claimant, for compensation, see section 81(1).

Environmental Protection Act means the Environmental Protection Act 1994.

EP (coal), for chapter 4, part 3, see section 139.

exceptional circumstances notice, for chapter 4, see section 127.

exploration permit (coal), for chapter 4, see section 103.

facilitator ...

first resource authority, for chapter 3 part 5, see section 73(1).

FMA, for chapter 4, see section 110.

future mining area, for chapter 4, see section 110.

Geothermal Act means the Geothermal Energy Act 2010.

Greenhouse Gas Act means the Greenhouse Gas Storage Act 2009.

holder, for chapter 4, see section 103.

IMA, for chapter 4, see section 109.

incidental coal seam gas, for chapter 4, see section 103.

information notice, for a decision, means a notice stating the following—

(a)the decision and the reasons for it;

(b)the rights of appeal under this Act or another Act;

(c)the period in which an appeal must be started;

(d)how the rights of appeal are to be exercised;

(e)whether a stay of the decision may be applied for under this Act or another Act.

initial mining area, for chapter 4, see section 109.

insolvent under administration ...

invalid application, for chapter 6, part 1, see section 189(2).

joint development plan, for chapter 4, see section 103.

joint occupancy, for chapter 4, see section 114.

land access code see section 36.

lodgement, of an application, means—

(a)the deciding authority for the application has accepted the application; or

(b)the applicant has complied with any requirements for lodging the application with the deciding authority.

lost production, for chapter 4, see section 162.

MDL (coal), for chapter 4, part 3, see section 139.

mineral development licence (coal), for chapter 4, see section 103.

Mineral Resources Act means the Mineral Resources Act 1989.

minimum negotiation period, for chapter 3, part 7, see section 85(2)(a) and (3).

mining commencement date, for chapter 4, see section 115(1).

mining lease (coal), for chapter 4, see section 103.

mining safety legislation means—

(a)the Coal Mining Safety and Health Act 1999; or

(b)the Mining and Quarrying Safety and Health Act 1999; or

(c)the P&G Act; or

(d)the Mineral Resources Regulation 2013, chapter 2, part 4, division 4.

ML (coal)—

(a)for chapter 4, generally, see section 103; or

(b)for chapter 4, part 3, see section 139.

ML (coal) holder—

(a)for chapter 4, generally, see section 105; or

(b)for chapter 4, part 3, see section 139.

negotiation and preparation costs—

(a)means—

(i)accounting costs; or

(ii)legal costs; or

(iii)valuation costs; or

(iv)the costs of an agronomist; and

(b)does not include—

(i)the costs of an ADR facilitator; or

(ii)the costs of obtaining, under section 88(5), a decision from a prescribed ADR institute or the Land Court.

negotiation notice, for chapter 3, part 7, division 2, subdivision 3, see section 84(1).

noncompliance action, in relation to a resource authority, has the meaning given by the particular Resource Act under which the resource authority is granted.

Example—

For the meaning of noncompliance action when used in a provision in relation to a petroleum lease, see the P&G Act, section 790.

notifiable dealing see section 17A(1).

notifiable road use, of a public road, see section 62.

occupier, of a place, means—

(a)a person who, under an Act or a lease registered under the Land Title Act 1994, has a right to occupy the place other than under a resource authority; or

(b)a person who has been given a right to occupy the place by an owner of the place or another person mentioned in paragraph (a).

opt-out agreement see section 45(2).

overlapping area, for chapters 4 and 5, see section 104.

owner, of land, see section 12.

P&G Act means the Petroleum and Gas (Production and Safety) Act 2004.

party, for chapter 5, part 3, see section 176.

periodic entry notice, for chapter 3, part 3, division 1, see section 57(1).

petroleum, for chapter 4, see section 103.

petroleum lease (csg), for chapter 4, see section 103.

petroleum production notice, for chapter 4, see section 141(1).

petroleum resource authority—

(a)for chapter 4, generally, see section 103; or

(b)for chapter 4, part 2, see section 118.

petroleum well, for chapter 4, see section 103.

PL—

(a)for chapter 4, generally, see section 103; or

(b)for chapter 4, part 3, see section 139.

PL connecting infrastructure, for chapter 4, see section 165.

PL holder—

(a)for chapter 4, generally, see section 103; or

(b)for chapter 4, part 3, see section 139.

PL major gas infrastructure, for chapter 4, see section 163.

PL minor gas infrastructure, for chapter 4, see section 164.

preliminary activity, for a resource authority, see section 15B.

prescribed activity, for chapter 3, part 4, see section 67.

prescribed ADR institute means an entity for deciding a type of ADR to be conducted, or an ADR facilitator to conduct ADR, prescribed by regulation.

prescribed arbitration institute means an entity for nominating arbitrators that is prescribed by regulation.

prescribed dealing see section 17(1).

prescribed distance ...

prescribed matter, for chapter 7, see section 196B.

prescribed period, for a matter, means the period prescribed by regulation for the matter.

prescribed requirements, for a matter, means the requirements prescribed by regulation for the matter.

prescribed resource authority, for chapter 7, see section 196A.

private land see section 13.

proposed joint development plan, for chapter 4, see section 103.

proposed mining commencement date ...

public land see section 14.

public land authority means—

(a)if a local government or other authority is, under an Act, charged with the control of the land—the local government or other authority; or

(b)otherwise—the chief executive of the department administering the Act under which entry to the land is administered.

public road see section 15.

public road authority, for a public road, means—

(a)for a State-controlled road—the chief executive of the department in which the Transport Infrastructure Act 1994 is administered; or

(b)for another public road—the local government having the control of the road.

reconciliation payment see section 172(2)(b) and (c)(i).

register means the register the chief executive keeps under section 197.

relevant matter, for chapter 4, see section 103.

relevant owner or occupier, for chapter 3, part 4, see section 69.

relevant Resource Act, for a resource authority, means the particular Resource Act under which the resource authority is granted.

replace, for chapter 4, part 6, division 2, see section 161.

replacement gas see section 172(2)(b) and (c)(ii).

Resource Act see section 9.

resource authority—

(a)generally—see section 10; or

(b)for chapter 4—see section 103.

restricted land, for chapter 3, part 4, see section 68.

RMA, for chapter 4, see section 111.

RMA notice, for chapter 4, see section 125.

road compensation agreement see section 94(1).

road use direction see section 64(1).

rolling mining area, for chapter 4, see section 111.

second resource authority, for chapter 3, part 5, see section 73(1)(b).

simultaneous operations zone, for chapter 4, see section 112.

site senior executive, for chapter 4, see section 103.

sole occupancy, for chapter 4, see section 113.

SOZ, for chapter 4, see section 112.

spent conviction ...

successor includes a personal representative.

surface mine, for chapter 4, see section 103.

underground mine, for chapter 4, see section 103.

undiluted incidental coal seam gas, for chapter 4, see section 136.

valid application means an application that either—

(a)complies with section 188; or

(b)is allowed to proceed under section 190.