Petroleum Act 1923 (Qld)
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Petroleum Act 1923
An Act to make better provision for encouraging and regulating the mining for petroleum and natural gas in the State and the conveying of petroleum and natural gas, wherever recovered
Part 1 Preliminary
1 Short title
This Act may be cited as the Petroleum Act 1923.
2 Definitions
In this Act—1923 Act petroleum interest means—(a)a 1923 Act petroleum tenure; or(b)a right existing under, or in relation to, a 1923 Act petroleum tenure.1923 Act petroleum tenure—(a)generally, means an authority to prospect or lease under this Act; and(b)for the following provisions, includes a water monitoring authority—(i)section 75K;(ii)part 6D, divisions 3 and 4;(iii)part 6L, division 2;(iv)parts 6O and 6P.2004 Act means the Petroleum and Gas (Production and Safety) Act 2004.2004 Act ATP means an authority to prospect under the 2004 Act.2004 Act lease means a petroleum lease under the 2004 Act.2004 Act petroleum authority see the 2004 Act, section 18(2).2004 Act petroleum tenure means a 2004 Act ATP or 2004 Act lease.2004 Act start day ...access ...access agreement ...access dispute ...access principles ...access provider ...acquired land means land that was taken under a resumption law, other than by taking or otherwise creating an easement, if all petroleum interests relating to the land were extinguished under section 124A.ADR ...advanced activity ...ALA means the Acquisition of Land Act 1967.appeal period, for a decision, means the period provided for under section 105 for starting an appeal against the decision.apply, in relation to making an application, has the meaning affected by section 124AA.appropriately qualified, for the performance of a function or exercise of a power, includes having the qualifications, experience and competence to perform the function or exercise the power.approved arbitrator ...area—1The area of a 1923 Act petroleum tenure is any land to which the tenure is subject, as recorded in the register.2However, the area of a 1923 Act petroleum tenure does not include any excluded land for the tenure.Note—
See also section 124B in relation to the exclusion of land from a 1923 Act petroleum tenure’s area following the taking of the land under a resumption law.3The area of a 2004 Act petroleum tenure is the land to which the tenure is subject, as recorded in the register.4The area of a mining tenement is the land to which the tenement is subject.assessable transfer ...associated facility ...authorised activity—1An authorised activity, for a 1923 Act petroleum tenure or water monitoring authority, is an activity that its holder is, under this Act, the tenure or authority, entitled to carry out in relation to the tenure or authority.Note—
The carrying out of particular activities on particular land in a 1923 Act petroleum tenure’s area may not be authorised following the taking of the land under a resumption law. See section 124B.2An authorised activity, for a coal or oil shale mining tenement, is an activity that its holder is, under the Mineral Resources Act or the tenement, entitled to carry out in relation to the tenement.3An authorised activity, for a GHG authority, is an activity that its holder is, under the GHG storage Act or the authority, entitled to carry out or exercise in relation to the authority.4An authorised activity, for a geothermal tenure, is an activity that its holder is, under the Geothermal Act or the tenure, entitled to carry out or exercise in relation to the tenure.authority to prospect means an authority to prospect under this Act.award ...barrel ...block see the Common Provisions Act, section 11A(1).capability criteria, for a 1923 Act petroleum tenure, means the extent to which the Minister is of the opinion that its holder is capable of carrying out authorised activities for the tenure, having regard to the holder’s—(a)financial and technical resources; and(b)ability to manage petroleum exploration and production.capacity entitlement ...casinghead petroleum spirit ...coal exploration tenement see section 76M(1).coal mining lease see section 76M(2).coal or oil shale mining lease means a coal mining lease or oil shale mining lease under the Mineral Resources Act.coal or oil shale mining tenement means a coal mining or oil shale mining tenement under the Mineral Resources Act.coal seam gas see section 76K(1).commercial viability report see section 75F(1).Common Provisions Act means the Mineral and Energy Resources (Common Provisions) Act 2014.Commonwealth Native Title Act means the Native Title Act 1993 (Cwlth).company ...compensation agreement ...compensation application ...compensation liability see the Common Provisions Act, section 81(2).conditions of a 1923 Act petroleum tenure means—(a)the conditions stated in it from time to time; and(b)the tenure holder’s obligations under this Act; and(c)any condition of the tenure under this Act; and(d)a condition that a tenure holder must ensure each person acting for the holder who carries out an authorised activity for the tenure complies with its conditions to the extent they apply to the carrying out of the activity.Note—
For who may carry out an authorised activity for a holder, see section 75E.conduct and compensation agreement see the Common Provisions Act, section 83(1).conduct and compensation agreement requirement see section 78Q(2).conference election notice ...coordinated development agreement see section 177(4).coordination arrangement means a coordination arrangement under the 2004 Act.corporation sole ...Crown land ...crude oil means petroleum oil in its natural state before it has been refined or otherwise treated but from which water and other foreign substances may have been extracted.CSG assessment criteria see section 76U(1)(b).CSG statement see section 76U(1)(a).current term, of an authority to prospect, see section 171.dangerous situation means a situation relating to petroleum, or fuel gas as defined under the 2004 Act, in which an inspector under the 2004 Act reasonably believes an imminent risk of material harm to persons or property is likely if action is not taken to avoid, eliminate or minimise the risk.dealing, in relation to a 1923 Act petroleum tenure, means a dealing with a resource authority, under the Common Provisions Act, that is a 1923 Act petroleum tenure.declared pipeline ...deferral agreement see the Common Provisions Act, section 44.developable capacity ...development plan—1The development plan for a lease is—(a)for a lease in force before 31 December 2004—its current program for development and production under former section 50 that, under section 156, is taken to be its development plan; or(b)for a lease granted after 31 December 2004—the proposed program for development and production of petroleum for the application for the lease, lodged under section 40(2)(b).2However, if, under part 6, division 2, a later development plan is approved for the lease, the later development plan is the development plan for the lease.drill, other than for sections 48, 83, 84 and 89—(a)includes to bore; and(b)for, a water supply bore, includes excavating the bore.drilling means drilling, for sections 48, 83, 84 and 89, or boring.election notice ...eligible claimant ...enter a place includes the exercise of the rights in relation to the place under section 74X.entry notice ...entry period ...entry permission ...Environmental Protection Act means the Environmental Protection Act 1994.excluded land for—(a)an authority to prospect, means excluded land for the authority, decided under section 18A; or(b)a lease, means excluded land for the lease, decided under section 40B.Note—
For an area of land in the area of a coal or oil shale mining lease becoming excluded land, see section 154.executive officer, of a corporation, means a person who is concerned with or takes part in its management, whether or not the person is a director or the person’s position is given the name of executive officer.existing Water Act bore ...explore, for petroleum, means to carry out an activity for the purpose of finding petroleum in a natural underground reservoir.Examples—
•conducting a geochemical, geological or geophysical survey•drilling a well for petroleum or the investigation of the geological structure or stratigraphy in the well•carrying out testing in relation to a well•taking a sample for chemical or other analysisfacility ...facility owner ...facility user ...fee includes tax.first authority ...first tenure ...Geothermal Act see section 4A.geothermal activity see the Geothermal Act, section 18.geothermal coordination arrangement see the Geothermal Act, section 138(4).geothermal exploration permit means a geothermal exploration permit under the Geothermal Exploration Act 2004.geothermal lease see the Geothermal Act, section 19(1)(b).geothermal permit see the Geothermal Act, section 19(1)(a).geothermal tenure see the Geothermal Act, section 19(2).GHG means greenhouse gas.GHG authority see the GHG storage Act, section 18(3).GHG coordination arrangement see the GHG storage Act, section 186(3).GHG lease see the GHG storage Act, section 18(1)(b).GHG permit see the GHG storage Act, section 18(1)(a).GHG storage Act see section 4A.GHG storage activity means an authorised activity under the GHG storage Act for a GHG authority.GHG stream see the GHG storage Act, section 12.GHG stream storage see the GHG storage Act, section 14.GHG tenure see the GHG storage Act, section 18(2).give, a document to the Minister or the chief executive, has the meaning affected by section 124AA.holder, of a 1923 Act petroleum tenure, means each person recorded in the register as its holder.impaired capacity ...incidental coal seam gas see section 76K(2).independent viability assessment see section 75H(2).indicative access conditions ...indicative approval ...indicative tariff ...indicative tariff schedule ...information-giver, for part 6F, see section 78A(1).information notice, for a decision, means a notice stating each of the following—(a)the decision, and the reasons for it;(b)all appeal rights under this Act;(c)the period in which any appeal under this Act must be started;(d)how appeal rights under this Act are to be exercised;(e)that a stay of a decision the subject of an appeal under this Act may be applied for under this Act.interfere with includes tamper.land includes land covered by water, and whether by sea or otherwise.land access code see the Common Provisions Act, section 36.later development plan requirements see section 53.later work program requirements see section 25.lease means a petroleum lease granted under this Act.legacy borehole means a bore or well that—(a)was drilled for the purpose (the original purpose) of—(i)exploration or production of mineral or petroleum resources; or(ii)informing the exploration or production of mineral or petroleum resources; and(b)is no longer used for the original or another purpose.lessee means the holder of a petroleum lease.licence ...licensed water bore driller means an individual who holds a water bore driller’s licence under the Water Act.licensee ...lodge, a document, has the meaning affected by section 124AA.make good agreement ...make good obligation ...make submissions has the meaning affected by section 124AA.mandatory condition for—(a)an authority to prospect, means a condition of the authority imposed under part 6A, division 2 or 4 as a mandatory condition or prescribed under section 90; or(b)a lease, means—(i)a condition of the lease imposed under part 6A, division 3 or 4 as a mandatory condition or prescribed under section 90 as a mandatory condition; or(ii)the reservations, conditions and covenants of the lease imposed under section 47.mandatory provision, of the land access code, means a provision of that code that the code requires compliance with.mark the land ...Mineral Resources Act means the Mineral Resources Act 1989.minimum negotiation period ...mining interest means—(a)a mining tenement under the Mineral Resources Act; or(b)a tenure held from the State under another Act about mining, under which the holder is authorised to carry out mining or a related mineral or energy resources activity under the Mineral Resources Act.mining lease see the Mineral Resources Act, schedule 2.mining tenement means a mining tenement under the Mineral Resources Act.Minister ...monitoring report ...natural gas means gas consisting primarily of hydrocarbons, and obtained from boreholes or from crude oil.natural underground reservoir—1A natural underground reservoir is a part of a geological formation or structure—(a)in which petroleum has accumulated; or(b)that is suitable to store petroleum.2A geological formation or structure mentioned in item 1 does not cease to be a natural underground reservoir merely because it has been modified for petroleum production or storage.3In items 1 and 2, a geological formation includes a coal seam.negotiation notice ...nominal capacity ...non-assessable transfer ...noncompliance action means action of a type mentioned in section 80T.non-discriminatory ...notice means a written notice.notice of intention to resume, for the proposed taking of land under a resumption law, means—(a)if the land is taken under the process stated in the ALA (whether the land is taken under the ALA or another resumption law)—the notice of intention to resume under the ALA; or(b)otherwise—the notice, however named, required to be given under the resumption law to notify persons of the proposed taking.notifiable road use see the Common Provisions Act, section 62.occupier, of a place, means a person—(a)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 mining interest, 1923 Act petroleum tenure, 2004 Act petroleum authority, GHG authority or geothermal tenure; or(b)to whom an owner of the place or another occupier under paragraph (a) has given the right to occupy the place.oil shale see section 76L.oil shale exploration tenement see section 76N(1).oil shale mining lease see section 76N(2).on, land or another place, includes across, attached to, in, under or over the land or place.operate, a pipeline—1Operate, a pipeline, includes use, inspect, test, maintain, repair, alter, add to and replace the pipeline.2For item 1, using a pipeline includes using it to transport petroleum.operating plant see the 2004 Act, section 670.original notional sub-blocks, of an authority to prospect—1The original notional sub-blocks, of an authority to prospect, are the sub-blocks included in the area of the authority at the following time—(a)if the authority was granted before 31 December 2004—immediately after its first renewal after that day;(b)if the authority was granted on or after 31 December 2004—when it was originally granted.2However, the original notional sub-blocks do not include any sub-block completely within the area of a lease under this Act or a 2004 Act lease.overlapping authority (geothermal or GHG), for part 6FA, see section 78CB.overlapping GHG authority ...overlapping tenure, for part 6FA, see section 78CH(b).owner—1An owner, of land, means each person as follows in relation to the land—(a)for freehold land—a registered owner;(b)for land for which a person is, or will on performing conditions, be entitled to a deed of grant in fee simple—the person;(c)if an estate in fee simple of land is being purchased from the State—the purchaser;(d)for a public road—the public road authority for the road;(e)for land that is busway land, light rail land, rail corridor land or a cane railway or other railway—the public land authority for the land;(f)for required land under the Transport Infrastructure Act 1994, section 436—the chief executive of the department in which that Act is administered;(g)for a forest entitlement area, State forest or timber reserve under the Forestry Act 1959—the chief executive of the department in which that Act is administered;(h)for a conservation park or resources reserve under the Nature Conservation Act 1992 (the NCA) for which there are trustees—(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;(i)for DOGIT land under the Aboriginal Land Act 1991 or the Torres Strait Islander Land Act 1991—a trustee for the land;(k)for Aboriginal land under the Aboriginal Land Act 1991 that is taken to be a reserve because of section 202(2) or (4)(b) of that Act—the trustee of the land;(ka)for 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—the trustee of the land;(l)for land under the Land Act 1994 for which there are trustees—a trustee;(m)for transport land under the Transport Planning and Coordination Act 1994—the chief executive of the department in which that Act is administered;(n)for land vested in the Minister administering the Education (General Provisions) Act 2006—that Minister;(o)for land vested in the Queensland Housing Commission or another Minister or a chief executive responsible for constructing public buildings—the Minister administering the relevant Act;(p)for 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)—the person who holds the interest;(q)for any of the following land under the NCA, the chief executive of the department in which the NCA is administered—(i)a national park (scientific);(ii)a national park;(iii)a national park (Aboriginal land);(iv)a national park (Torres Strait Islander land);(v)a forest reserve.2Also, 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.3If land has more than 1 owner, a reference in this Act to its owner of the land is a reference to each of its owners.parties ...payable, as applied to petroleum, means petroleum of such quantity and quality that it can under ordinary circumstances be won with profit.permit ...permitted dealing ...permittee ...person ...petroleum means any—(a)naturally occurring hydrocarbon, whether in a gaseous, liquid or solid state; or(b)naturally occurring mixture of hydrocarbons, whether in a gaseous, liquid or solid state; or(c)naturally occurring mixture of 1 or more hydrocarbons, whether in a gaseous, liquid, or solid state, and 1 or more of the following—(i)hydrogen sulphide;(ii)nitrogen;(iii)helium;(iv)carbon dioxide;and includes any petroleum defined by paragraphs (a) to (c) that has been returned to a natural reservoir, but does not include, and is hereby declared never did include—(d)shale from which mineral oil may be extracted or produced;(e)mineral oil extracted or produced from shale or coal or other rock by some chemical or thermal process;(f)hydrocarbons and other substances or matter occurring in association with shale or coal and necessarily mined, extracted, produced or released by or in connection with mining for shale or coal or the extraction or production of mineral oil therefrom;(g)alginite;(h)coal;(i)lignite;(j)peat;(k)shale or other rock from which a gasification or retorting product as defined in the 2004 Act may be extracted or produced;(l)torbanite.Petroleum Advisory Board ...petroleum deposits means the petroleum-producing or petroleum-bearing sands or strata.petroleum register ...petroleum royalty means petroleum royalty imposed under the 2004 Act, section 590.pipeline means the whole or part of a pipe or a system of pipes for conveying petroleum, wherever recovered, and all ancillary equipment and works connected therewith, including flow lines from wells, gathering lines and main lines and installations in connection therewith such as tanks, reservoirs, pumps, racks and loading facilities, structures supporting the line, pump houses, and apparatus to afford protection against corrosion, but does not include flare lines and similar pipelines at wells being drilled for petroleum.
pipeline licence ...place includes land.plan period, for a development plan, means the period for which the plan applies.preliminary activity ...Prescribed ...private land—1Private land is—(a)freehold land, including Aboriginal land under the Aboriginal Land Act 1991 and Torres Strait Islander land under the Torres Strait Islander Land Act 1991; or(b)an interest in land less than fee simple held from the State under another Act.2However, land is not private land to the extent of an interest in any of the following relating to the land—(a)a mining interest;(b)a 1923 Act petroleum tenure or 2004 Act petroleum authority;(c)a GHG authority;(d)a geothermal tenure;(e)an occupation right under a permit under the Land Act 1994.3Also, land owned by a public land authority is not private land.produced, for petroleum, means to recover or release it to ground level from a natural underground reservoir in which it has been contained or from which it is extracted.program period, for a work program, means the period for which the program applies.proposed facility user ...provisions of a 1923 Act petroleum tenure—1A reference in this Act to a 1923 Act petroleum tenure includes a reference to its provisions.2A reference in this Act to the provisions of a 1923 Act petroleum tenure is a reference to its mandatory or other conditions and any thing written in it.public land means 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;(ii)a 1923 Act petroleum tenure or 2004 Act petroleum authority;(iii)a GHG authority;(iv)a geothermal tenure;(v)an occupation right under a permit under the Land Act 1994.public land authority means—(a)for a public road—the road authority for the road; or(b)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(c)otherwise—the chief executive of the department administering the Act under which entry to the land is administered.public road means an area of land that—(a)is open to, or used by, the public; and(b)is developed for, or has as one 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 pathpublic 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.Public Works Land Resumption Act ...recipient, for part 6F, see section 78A(1).refinery permission ...register means the register kept by the chief executive under the Common Provisions Act, section 197.related corporation ...relevant departmental office ...relevant environmental authority, for a 1923 Act petroleum tenure or water monitoring authority, means an environmental authority under the Environmental Protection Act granted for all of the authorised activities for the tenure or authority that are environmentally relevant activities under the Environmental Protection Act.relevant owner or occupier, for a provision about entry notices, means the owner or occupier to whom the entry notice is to be given, or would be given, other than for an exemption from the requirement to give an entry notice.relinquishment condition—1Generally, the relinquishment condition, for an authority to prospect is the relinquishment condition under section 74A(1).2However if part 10, division 2 applies and the authority is an authority to which section 173 or 174 applies, the relinquishment condition for the authority is the relinquishment condition under that section.remedial powers see section 80L(2).report means a written report.representative ...required information, for part 6E, division 3, see section 76C.restoration measures ...resumption law—(a)means a law that provides for the compulsory acquisition of land, including, for example, the following—(i)the ALA, including as applied by another law providing for an entity to take land under the ALA as if the entity were a constructing authority under the ALA;Examples of other laws for subparagraph (i)—
•Electricity Act 1994, section 116•South-East Queensland Water (Distribution and Retail Restructuring) Act 2009, section 53AY(ii)the Land Act 1994, chapter 5, part 3, division 3;(iii)the Petroleum and Gas (Production and Safety) Act 2004, sections 456 to 458;(iv)the Queensland Reconstruction Authority Act 2011, section 99;(v)the State Development and Public Works Organisation Act 1971, section 82 or 125;(vi)the Transport Planning and Coordination Act 1994, section 25 or 26; but(b)does not include the Land Act 1994, chapter 5, part 3, divisions 1 and 2.resumption notice, for the taking of land under a resumption law, means—(a)if the land is taken under the process stated in the ALA (whether the land is taken under the ALA or another resumption law)—the gazette resumption notice under the ALA for the taking; or(b)otherwise—the instrument giving effect to the taking.review event ...review report ...road use direction ...safety management system see the 2004 Act, schedule 2.second authority ...second tenure ...security includes bond, deposit of an amount as security, guarantee, indemnity or other surety, insurance, mortgage and undertaking.services of the State has the same meaning that the term has in relation to the State of Queensland under the Copyright Act 1968 (Cwlth), section 183(1).share, of a 1923 Act petroleum tenure, means any interest held by a person as a holder of the tenure in all of the area of the tenure.shared technical information ...spare capacity ...specific purpose mining lease means a mining lease that, under the Mineral Resources Act, section 234(1)(b), is granted for a purpose other than mining.specified configuration ...State-controlled road see Transport Infrastructure Act 1994, schedule 6.State mining engineer ...state of mind ...structure means anything built or constructed, whether or not attached to land.sub-block see the Common Provisions Act, section 11A(2).sublease, for a lease over land covered by a coordination arrangement, means a sublease of all or part of—(a)the leased land; or(b)petroleum produced under the lease.submission means a written submission.take, in relation to land, includes acquire.tariff setting principles ...the public interest means a consideration of each of the following—(a)government policy;(b)value of commodity production (including time value);(c)employment creation;(d)total return to the State and to Australia (including royalty and rent), assessed on both a direct and indirect basis, so that, for example, downstream value adding is included;(e)social impacts;(f)the overall economic benefit for the State, or a part of the State, in the short and long term;(g)impacts on aesthetic, amenity, cultural or environmental values.This Act ...transfer, of a well, water observation bore or water supply bore, see section 75N(2).transitional notional sub-blocks, of an authority to prospect, see section 172.tribunal ...trigger threshold ...unallocated State land has the same meaning as in the Land Act 1994.underground water means water that occurs naturally in, or is introduced artificially into, an aquifer, whether or not it would, if tapped by a bore, flow naturally to the surface.underground water flow model ...underground water impact report ...underground water obligations, of a petroleum tenure holder, means—(a)the holder’s underground water obligations under the Water Act, chapter 3; and(b)any other obligation under the Water Act, chapter 3 with which the holder is required to comply, if failure to comply with the obligation is an offence against that Act.Examples of another obligation under the Water Act, chapter 3 with which the holder may be required to comply—
•giving an underground water impact report under section 370 of that Act•preparing and complying with a baseline assessment plan under sections 397 and 400 of that Actunduly affected ...unitisation arrangement ...usual relinquishment see section 74C(3).waiver of entry notice ...Water Act means the Water Act 2000.Water Act regulator means the chief executive of the department that administers the Water Act.water monitoring activity see section 87.water monitoring authority means an authority granted under section 75WC.water observation bore—1A water observation bore is a bore to monitor water levels and includes—(a)a well that, under part 6D, division 2, has been, or is taken to have been, converted to a water observation bore; and(b)a water monitoring bore under the Water Act.2A reference to a water observation bore includes its casing, wellhead and any other works constructed in connection with the bore.water supply bore means—(a)a water bore drilled under section 86 with the permission of the Minister; or(b)a well that, under part 6D, division 2, has been, or is taken to have been, converted to a water supply bore.well—1A well is a hole in the ground made or being made by drilling, boring or any other means—(a)to explore for or produce petroleum; or(b)to inject petroleum into a natural underground reservoir; or(c)through which petroleum may be produced.2A well includes the casing for the well and any wellhead for the well attached to it.3To remove any doubt, it is declared that a well does not include any of the following—(a)a water observation bore;(b)a water supply bore;(c)a water bore to which the Water Act, chapter 3 applies;(d)a seismic shot hole or shallow hole drilled to work out a geological structure.wellhead means the casing head, and includes any casing hanger or spool, or tubing hanger, and any flow control equipment up to and including the wing valves.work program, for an authority to prospect, means—(a)its work program as approved under section 151; or(b)its conditions about expenditure or work that, under section 155, are taken to be a later work program for the authority; or(c)its later work program approved under part 4, division 2, as amended from time to time under that division.Notes—
1For an authority being taken to have a work program until a decision has been made on whether to approve a proposed work program, see section 25D.2For the continuing effect of an authority on a renewal application, see section 25N.3For conditions of an authority to prospect about expenditure or work becoming its work program, see section 155.
3 Relationship with Mineral Resources Act
(1)This section does not apply to a coal or oil shale mining tenement.Notes—
1For provisions for coal seam gas, see part 6F.2For the relationship between the Mineral Resources Act and the 2004 Act, see the Mineral Resources Act, section 3A.(2)Subject to subsections (3) to (6), the Mineral Resources Act does not limit or otherwise affect—(a)the power under this Act to grant or renew a lease or renew an authority to prospect over land (the overlapping land) in the area of a mining tenement under the Mineral Resources Act; or(b)a lease or authority to prospect already granted under this Act over land (also the overlapping land) in the area of an existing mining tenement.(3)If the mining tenement is a mining lease (other than a transportation mining lease), an authorised activity for the authority to prospect or lease under this Act may be carried out on the overlapping land only if—(a)the mining lease holder has agreed in writing to the carrying out of the activity; and(b)a copy of the agreement has been lodged; andNote—
For other relevant provisions about lodging documents, see part 9, division 1A.(c)the agreement is still in force.(4)If the mining tenement is an exploration permit, mineral development licence or transportation mining lease, an authorised activity for the authority to prospect may be carried out on the overlapping land only if—(a)the mining tenement holder has agreed in writing to the carrying out of the activity, a copy of the agreement has been lodged and the agreement is still in force; or(b)carrying out the activity does not adversely affect the carrying out of an authorised activity for the tenement that has already started.(5)If the mining tenement is an exploration permit or a mineral development licence and the overlapping land is in the area of the lease under this Act, an authorised activity for the mining tenement may be carried out on the overlapping land only if—(a)the lessee has agreed in writing to the carrying out of the activity; and(b)a copy of the agreement has been lodged; and(c)the agreement is still in force.(6)In this section—transportation mining lease means a mining lease granted under the Mineral Resources Act, section 316.
4 Relationship with Nature Conservation Act 1992
This Act is subject to the Nature Conservation Act 1992, sections 27 and 70QA.
4A Relationship with Geothermal Act and Greenhouse Gas Storage Act 2009
The relationship between this Act, the Geothermal Energy Act 2010 (the Geothermal Act) and the Greenhouse Gas Storage Act 2009 (the GHG storage Act) and authorities under them is provided for under—(a)section 40(1A) and part 6FA; and(b)the Geothermal Act, chapter 5; and(c)the GHG storage Act, chapter 4.
4B Relationship with Common Provisions Act
The relationship between this Act and the Common Provisions Act is provided for under the Common Provisions Act, section 6.
4C [Repealed]
4D [Repealed]
4E [Repealed]
4F [Repealed]
4G [Repealed]
4H [Repealed]
5 Declaration for Commonwealth Act
A 1923 Act petroleum tenure is declared not to be personal property under the Personal Property Securities Act 2009 (Cwlth).
6 [Repealed]
7 Application of Act
(2)To the extent necessary to give operation and effect to the provisions of the Amoco Australia Pty. Limited Agreement Act 1961, and the agreement to which that Act relates, and to ensure that no provision of this Act shall affect or prejudice in any way that Act or that agreement, it is hereby declared that every provision of this Act shall be read subject to the Amoco Australia Pty. Limited Agreement Act 1961, and the agreement to which that Act relates.(3)If there is an inconsistency between a provision of this Act and the National Gas (Queensland) Law, the Law prevails to the extent of the inconsistency.
7A Act applies out to coastal waters of the State
This Act applies to land and land covered by water that is seaward of the coastline of the State at mean low water and landward of the inner limit of the territorial sea of Australia.
7AA Qualification of 1923 Act petroleum tenure holders
The following persons shall be qualified to apply for and hold a 1923 Act petroleum tenure, namely—(a)any natural person;(b)a company or registered body under the Corporations Act;(ba)any government owned corporation;(c)any lawful association of the abovementioned persons.
7B [Repealed]
Part 2 [Repealed]
8 [Repealed]
Part 3 Rights and powers of the Crown
9 Petroleum the property of the Crown
Notwithstanding anything to the contrary contained in any Act or in any grant, instrument of title, or other document, it is hereby declared that petroleum on or below the surface of all land in Queensland, whether alienated in fee simple or not so alienated from the Crown, and if so alienated whensoever alienated, is and always has been the property of the Crown.
10 Reservations in grants
All grants, leases, licences, and other instruments of tenure under any Act relating to unallocated State land, other than leases under this Act, issued after the passing of this Act shall contain a reservation of all petroleum on or below the surface of the land comprised therein, and also a reservation of all rights of access for the purpose of searching for and for the operations of obtaining petroleum in any part of the land, and all rights of way for access and for pipelines and other purposes requisite for obtaining and conveying petroleum in the event of petroleum being obtained in any part of the land.
10A [Repealed]
11 [Repealed]
12 [Repealed]
13 [Repealed]
14 [Repealed]
15 [Repealed]
16 [Repealed]
Part 4 [Expired]
Division 1 [Expired]
17 [Repealed]
18 [Expired]
18A [Expired]
19 [Repealed]
20 [Expired]
20A [Repealed]
21 [Expired]
22 [Repealed]
22A [Repealed]
23 [Repealed]
24 [Expired]
24A [Repealed]
Division 2 [Expired]
Subdivision 1 [Expired]
25 [Expired]
25A [Expired]
25B [Expired]
Subdivision 2 [Expired]
25C [Expired]
25CA [Expired]
25D [Expired]
25E [Expired]
25F [Expired]
Subdivision 3 [Expired]
25G [Expired]
25H [Expired]
25I [Repealed]
25J [Expired]
25K [Expired]
Division 3 [Expired]
25L [Expired]
25M [Expired]
25N [Expired]
25O [Expired]
25P [Expired]
25Q [Expired]
25R [Expired]
25S [Expired]
25T [Expired]
Division 4 [Expired]
25U [Expired]
Part 5 [Repealed]
26 [Repealed]
27 [Repealed]
28 [Repealed]
29 [Repealed]
30 [Repealed]
31 [Repealed]
32 [Repealed]
33 [Repealed]
34 [Repealed]
36 [Repealed]
37 [Repealed]
38 [Repealed]
39 [Repealed]
Part 6 Provisions relating to leases
Division 1 General provisions for leases
40 [Expired]
40A Continuing effect, for s 40 application, of authority to prospect and its work program
(1)This section applies if, other than for subsection (2), the relevant authority to prospect would, other than by cancellation under this Act, end before an application under section 40 is granted.(2)The authority continues in force in relation to the area the subject of the application until the earlier of the following—(a)the start of the term of the lease the subject of the application;(b)the application is withdrawn.(3)While the authority continues in force under subsection (2), and despite any ending of the program period for its work program—(a)the authority is taken to have a work program; and(b)its holder may carry out any authorised activity for the authority.
40AA Rejection of application if applicant disqualified
(1)The Minister must reject an application for a lease if the Minister decides the applicant is disqualified under the Common Provisions Act, chapter 7 from being granted the lease.(2)On rejection of the application, the Minister must give the applicant a notice about the decision.
40B Minister’s power to decide excluded land for lease
(1)The Minister may, at any time, decide excluded land for a lease or a lease proposed to be granted under section 40.(2)However, the power under subsection (1) may be exercised only when the Minister is deciding whether to—(a)grant or renew the lease; or(b)approve any later development plan for the lease.(3)However, excluded land—(a)must be within any sub-block included in the area of the lease; and(b)can not be a whole sub-block.(4)For subsection (3)(a), if the register—(a)states that the lease’s area includes land within a block; but(b)does not include or exclude any particular sub-block within that block;the reference to the block in the register is a reference to all sub-blocks within the block, other than any sub-block that is completely within the area of another 1923 Act petroleum tenure or a 2004 Act petroleum tenure.
(5)Excluded land may be described in a way the Minister considers appropriate, including, for example, by area or by reference to a stated type of land.(6)Land ceases to be excluded land for a lease if, for any reason, the sub-block in which the land is located ceases to be in the area of the lease.
41 [Repealed]
42 [Repealed]
43 [Repealed]
44 Form etc. of lease
(1)Every lease shall—(a)confer upon the lessee—(i)the exclusive right to prospect for, mine, extract, recover, remove, and dispose of all petroleum in or under the land demised, with the right to construct and maintain thereon all works buildings plant waterways (including any pipelines for conveying water) roads pipelines reservoirs tanks pumping stations and other structures necessary to the full enjoyment thereof; and
(ii)the right to plug and abandon, or otherwise remediate, a bore or well the lessee reasonably believes is a legacy borehole and rehabilitate the surrounding area in compliance with the requirements prescribed under a regulation; and(b)be for a term no longer than the period nominated (with reasons for the nomination) by the applicant as an appropriate term for producing in an economically viable way the petroleum from the fields within the land the subject of the lease; and(c)be subject to the mandatory conditions for leases and any conditions decided by the Minister.Note—
The carrying out of particular activities on particular land in a lease’s area may not be authorised following the taking of the land under a resumption law. See section 124B.(2)Despite subsection (1), the holder can not—(a)carry out GHG stream storage; or(b)inject a GHG stream into the Great Artesian Basin for the purpose of enhanced petroleum recovery.(3)In this section—enhanced petroleum recovery see the GHG storage Act, schedule 2.Great Artesian Basin see the GHG storage Act, schedule 2.
45 Entitlement to renewal of lease
(1AA)This section does not apply to a lease that ends after 1 November 2021.(1)The lessee of a lease who has substantially complied with this Act and the 2004 Act, chapter 6, and the terms and conditions of the lease, in relation to that lease, at the expiration of the lease, is entitled, subject to subsection (2), to a renewal of the lease by the Minister.(1A)However, subsection (1) only applies if—(a)the lease is a lease that has any number as follows—(i)1 to 18, inclusive;(ii)21 to 93, inclusive;(iii)98;(iv)101;(v)115 to 117, inclusive;(vi)204; or(b)the lease is prescribed under a regulation notified before 31 December 2004; or(c)the lease is not a lease mentioned in paragraph (a) or (b) and, before 31 December 2004, a notice under the Commonwealth Native Title Act, section 29, was given for the renewal; or(d)a following agreement, whether made before or after the commencement of this paragraph, provides for the renewal of the lease under this Act and the negotiations for the agreement started before the 2004 Act start day—(i)an agreement mentioned in the Commonwealth Native Title Act, section 31(1)(b);(ii)an indigenous land use agreement registered on the register of indigenous land use agreement under the Commonwealth Native Title Act.Note—
For the right to apply for a petroleum tenure, see the 2004 Act, section 908.(2)A lessee referred to in subsection (1), before the expiration of the lease, is to by an application—(a)declare whether deposits of petroleum, that the lessee believes on reasonable grounds to be payable, exist within the land the subject of the lease; and(b)state whether or not the development plan for the lease has been complied with; andNote—
For the program for development and production for a lease becoming its development plan, see section 156.(c)if the development plan for the lease has not been complied with—state details of, and the reasons for, each noncompliance.(2A)The application must—(a)be in the approved form; and(b)include a proposed later development plan for the renewed lease; and(c)be accompanied by—(i)the application fee prescribed under a regulation; and(ii)if the application is made less than 40 business days before the end of the term of the lease—an amount that is 10 times the application fee.(2B)The proposed plan must comply with the later development plan requirements.(3)The renewed lease must be for a term no longer than the period nominated (with reasons for the nomination) by the lessee as an appropriate term for producing in an economically viable way the petroleum from the fields within the land the subject of the lease.(4)The law relating to the amount and payment of royalties and of rent in force at the time of renewal applies to the renewed lease.
45A Continuing effect of lease for renewal application
(1)This section applies if, before the application is decided, the term of the lease ends.(2)Despite the ending of the term, the lease continues in effect until the earliest of the following to happen—(a)a renewed term of the lease starts;(b)a refusal of the application takes effect;(c)the application is withdrawn;(d)the lease is cancelled under this Act.Note—
For the lease being taken to have a development plan until a decision has been made on whether to approve a proposed development plan, see section 53D.(3)If the lease is renewed, subsection (2) is taken never to have applied for the period from the end of the term of the lease being renewed, as stated in that lease.
45B When renewed lease takes effect
(1)This section applies if a lease is renewed.(2)If the application to renew the lease is decided before the end of the term of the lease being renewed as stated in that lease (the previous term), the term of the renewed lease is taken to start from the end of the previous term.(3)If the application to renew the lease is decided after the previous term, the term of the renewed lease starts immediately after the end of the previous term, but—(a)the conditions of the renewed lease do not start until the lease holder is given notice of the conditions; and(b)until the notice is given, the conditions of the lease being renewed apply to the renewed lease as if they were its conditions.
46 Annual rent
(1)A lessee must pay the State the annual rent, as prescribed under a regulation.(2)The annual rent must be paid in the way, and on or before the day, prescribed under a regulation.
46A Application of GST to rents
(1)If rent payable under section 46 for a lease is for a supply for which GST is payable, the rent payable from the relevant day for the lease is the total of—(a)the rent that would have been payable if the rent were not for a supply for which GST is payable; and(b)10% of the rent that would have been payable if the rent were not for a supply for which GST is payable.(2)In this section—relevant day, for a lease, means—(a)for a lease granted before 8 July 1999—1 July 2005; or(b)for a lease granted on or after 8 July 1999—25 August 2000.
47 Reservations, conditions and covenants of lease
(1)Every lease is subject to the following reservations, covenants and conditions—(a)a reservation of power to authorise mining on the land for any purpose other than the production or obtaining of petroleum or petroleum products, but not such as to interfere with, encroach upon, or endanger operations for producing or obtaining petroleum;(b)a covenant by the lessee to pay the prescribed rent in accordance with this Act;(c)a covenant by the lessee to pay the State petroleum royalty, as required under the 2004 Act, chapter 6;(d)a covenant by the lessee to pay rates and charges payable to the local government in whose area the lease is situated;(e)a covenant by the lessee to work the land demised by the lease in accordance with recognised good oilfield practice and in compliance with this Act, unless exemption or partial exemption is granted in such manner as may be prescribed;(f)a covenant by the lessee that, if directed by the Minister not to dispose of any petroleum or petroleum products for use or consumption outside Australia, the lessee will not so dispose of any petroleum or petroleum products;(g)a covenant by the lessee to comply with the provisions of this Act;(h)a covenant by the lessee to use the land bona fide exclusively for the purpose for which it is demised and in accordance with this Act, unless prevented from so doing by circumstances beyond the lessee’s power and control;(i)a covenant by the lessee not to assign, transfer, sublet, mortgage or make the subject of any trust the lease or the land or any part thereof otherwise than in accordance with this Act or the Common Provisions Act;(j)a condition for the forfeiture of the lease in the event of any breach of any covenant or condition by the lessee and the failure of the lessee completely to remedy the same within 3 months (or such further time as the Minister may in the Minister’s discretion, allow) after the Minister shall have given to the lessee notice in writing to make good the same.(2)If an application for a lease has been granted, the applicant and the applicant’s assigns are taken to have entered into the covenants and accepted the reservations and conditions mentioned in subsection (1).
48 Commencement of drilling
(1)The lessee shall each year expend on the lease in respect of drilling for petroleum or such other work as the Minister may in writing approve a total sum of money calculated at the rate of $1550 per square kilometre for each square kilometre or part thereof contained in the lease.(2)The total sum is to be reduced by the value at the wellhead, as agreed or determined under section 49, of all petroleum produced from the lease in the year.(3)Subsections (1) and (2) are complied with in relation to each of the leases that are the subject of a unitisation arrangement if those subsections are complied with in relation to the leases taken as a whole.(4)The Minister may grant exemption in writing from the requirements of subsection (1) for such period and under such conditions as the Minister may fix.(5)If a conservation authority appointed under this Act restricts production from the lease then the value at the wellhead mentioned in subsection (2) shall be determined on production that, in the opinion of the conservation authority, reasonably could have been expected from the lease had production not been so restricted.(6)The lessee shall drill all necessary wells fairly to offset the wells of others on adjoining land on petroleum deposits.
49 Ascertainment of value
For section 48(2), the value at the wellhead of any petroleum is such amount as is agreed between the Minister and the person who produces the petroleum or, failing such agreement within a period allowed by the Minister (either generally or in a particular case) as is determined by the Minister as being that value.
50 [Repealed]
51 Use and occupation of mining area on private or improved land
(1)With respect to the use and occupation by a lessee of any of the land demised, every lessee shall—(a)as against the owner or occupier only of any such land, but not otherwise, be and be deemed to be in occupation of only such area of such land as the lessee from time to time requires for effectively carrying on and adequately protecting all the mining operations and the storing, refining, transporting, and communication works in connection with all the lessee’s mining operations carried on or to be carried on from time to time or at any time during the term of the lease or any extension thereof, together with all rights and easements incidental to such occupation;(b)during such time have the right personally or by agents or workers, to cut and use any timber on any such land for building purposes, construction works, firewood, or other necessary purposes; and may depasture on such land all stock used in connection with all such mining or other operations or used by workers or employees of such lessee; subject however to any conditions prescribed with respect to payment for water timber or agistment in cases where the making of such payment is deemed necessary;(c)cause to be surveyed and securely fenced each surface area on any such land which the lessee requires so as to effectively carry on and adequately protect the lessee’s mining operations and works.(2)However, subsection (1)(c) shall not apply in relation to any unallocated State land except in so far as the Minister, in relation to any such land contained in a lease, by notice in writing to the lessee concerned, so directs.(3)In this section—occupier means the person in actual occupation of any private land or improved land, or, if there is no person in actual occupation, the person entitled to possession thereof.
52 Surrender and determination of lease
(1)The lessee may, with the consent of the Minister in writing, surrender and terminate the lease upon the payment of all rents royalties and other obligations due and payable to the Crown and upon payment of all wages and moneys due and payable to the workers employed by the lessee and upon proof satisfactory to the Minister that the public interest will not be impaired, but in no case shall such surrender be effective until the lessee has made full provision for conservation and protection of the property.(1A)The consent may be given only on the application of the lessee.(1B)The application must be—(a)in the approved form; and(b)be accompanied by—(i)the fee prescribed under a regulation; and(ii)a report by the applicant about the activities carried out on the area the subject of the application, and the results of the activities.Note—
For the later grant of a petroleum tenure under the 2004 Act replacing an equivalent petroleum tenure under this Act, see the 2004 Act, chapter 15, part 3, division 7.(2)Upon the acceptance of such surrender by the Minister the lessee shall be relieved of all future obligations under the lease.(3)The lessee may with the like consent surrender to the Crown any legal subdivision of the area comprised within the lease.
52A Application of 2004 Act provisions about coextensive natural underground reservoirs
The 2004 Act, chapter 2, part 2, division 1, subdivision 2 applies to a lease as if a reference in the subdivision to a petroleum lease were a reference to a lease under this Act.Note—
For the deferral of section 52A for existing leases, see section 168.
52B Continuing effect of particular authorities to prospect despite expiry on 1 November 2021
(1)This section applies to an authority to prospect if, before the end of 1 November 2021—(a)the holder of the authority to prospect applied under former section 40 to the Minister for the grant to the applicant, or to the applicant and other qualified persons nominated by the applicant, of a lease or leases; and(b)the application had not been decided or withdrawn.(2)Despite the expiry—(a)former part 4 and former section 40 continue to apply to the authority to prospect; and(b)the Minister may grant the lease or leases under former section 40; and(c)the authority to prospect continues in force as mentioned in section 40A.(3)In this section—expiry means the expiry, on 1 November 2021, of—(a)former part 4 under former section 25U(1); and(b)all authorities to prospect still in force immediately before 1 November 2021 under former section 25U(2); and(c)former section 40 under former section 40(9).former, in relation to a provision, means the provision as in force immediately before its expiry.
Division 2 Development plans
Subdivision 1 Requirements for proposed later development plans
53 Operation of sdiv 1
This subdivision provides for requirements (the later development plan requirements) for a proposed later development plan for a lease.Notes—
1For the granting of a lease to the holder of an authority to prospect, see section 40.2For the entitlement to a renewal of the lease, see section 45.3For the obligation to lodge a proposed later development plan, see section 74Q.4For the types of noncompliance action that may be taken, see section 80T.
53A General requirements
(1)The proposed plan must provide for each of the following—(a)an overview of the activities proposed to be carried out under the lease or proposed lease during all of its term;(b)for each year of the plan period—(i)the nature and extent of activities proposed to be carried out under the lease or proposed lease during the year; and(ii)where the activities are proposed to be carried out; and(iii)the estimated cost of the activities;(c)for each natural underground reservoir in the area of the lease of which the applicant is aware, each of the following—(i)the location and a verifiable estimate of the amount of petroleum in the reservoir;(ii)the standards and procedures used to make the estimate;(iii)the rate and amount of production proposed from the reservoir;(iv)approximately when the proposed production is to start;(v)a schedule for the proposed production during the plan period;(d)maps that show the matters mentioned in paragraph (b)(i) and (ii) and (c)(i);(e)any other information relevant to the development plan criteria;(f)reasons that the plan is considered appropriate;(g)another matter prescribed under a regulation.(2)Also, the proposed plan must—(a)highlight any significant changes from the current development plan for the lease; and(b)if the current development plan for the lease has not been complied with—state the details of, and the reasons for, each noncompliance.(3)If the effect of the proposed plan is to significantly change an activity provided for under the current development plan, the proposed plan must also state reasons for the change.(4)Also, for a significant change that is a cessation or reduction of petroleum production, the proposed plan must include an evaluation of—(a)petroleum production potential in the area of the lease; and(b)market opportunities for petroleum production in the area of the lease.(5)A regulation may impose requirements about the form of the proposed plan.(6)In this section—year, of the plan period, means—(a)the period starting on the day the plan period starts and ending on the first anniversary of that day; and(b)each subsequent period of 12 months or less during the plan period, starting on each anniversary of that day and ending on—(i)the next anniversary of that day; or(ii)if the plan period ends before the next anniversary—the day the plan period ends.
53B Plan period
(1)The proposed plan must state its period.(2)The stated period must not be longer than—(a)if the remaining term of the lease is less than 5 years from the day the current plan period for the lease ends—the remaining term of the lease; or(b)if the remaining term of the lease is 5 years or more from the day the current plan period for the lease ends—5 years from the day the current plan period for the lease ends.(3)In this section—current plan period, for a lease, means the plan period for the current development plan for the lease.
Subdivision 2 Approval of proposed later development plans
53C Application of subdivision
This subdivision applies if under this Act, a proposed later development plan for a lease is lodged for approval by the lessee.Note—
For the obligation to lodge a proposed later development plan, see section 74Q.
53CA Application of pt 9, div 1 to lodgement
Part 9, division 1 applies in relation to the lodgement of the proposed later development plan—(a)as if the lodgement of the proposed plan were the making of an application under this Act by the lessee; and(b)as if a reference in section 120 to the requirements under this Act for making an application were a reference to the later development plan requirements; and(c)with any other necessary changes.
53D Lease taken to have development plan until decision on whether to approve proposed development plan
(1)This section applies until—(a)if the proposed plan is approved—the holder is given notice of the approval; or(b)if approval of the proposed plan is refused—when the refusal takes effect.Note—
For when the decision takes effect, see section 53G.(2)Despite the ending of the plan period for the current development plan for the lease—(a)the lease is taken to have a development plan; and(b)the holder may carry out any authorised activity for the lease.
53E Deciding whether to approve proposed plan
(1)The Minister may approve or refuse to approve the proposed plan.(2)The matters that must be considered in deciding whether to approve the proposed plan include each of the following—(a)the potential of the area of the lease for petroleum production and related activities;(b)the nature and extent of the activities;(c)when and where the activities are proposed to be carried out;(d)whether petroleum production sought under the lease will be optimised in the best interests of the State, having regard to the public interest;(e)the extent to which the current development plan for the lease has been complied with;
(f)if the proposed plan provides for a significant change that is a cessation or reduction of petroleum production—(i)whether the cessation or reduction is reasonable; and(ii)whether the lessee has taken all reasonable steps to prevent the cessation or reduction.
53F Power to require relinquishment
(1)This section applies if the proposed plan provides for a significant change that is a cessation or reduction of petroleum production.(2)The Minister may approve the proposed plan, but—(a)decide (a deferral decision)—(i)to defer the taking of effect of the approval until the lessee relinquishes, by a lodged notice, a stated part or percentage of the area of the lease on or before a stated day; and(ii)that the decision to approve the proposed plan is replaced by a decision not to approve it if the notice is not lodged on or before the stated day; or(b)impose a condition on the lease requiring its holder to relinquish, by a lodged notice, a stated part or percentage of the area of the lease at stated times or intervals.(3)The public interest must be considered before making a deferral decision or imposing the condition.(4)A relinquishment under subsection (2)(a)(i) takes effect on the day after the notice is lodged.
53G Steps after, and taking effect of, decision
(1)On approval of the proposed later development plan, the holder must be given notice of the approval.(2)The approval takes effect when the holder is given the notice or, if the notice states a later day of effect, on that later day.(3)The holder must be given an information notice about—(a)a decision to refuse to approve the proposed plan; or(b)a decision, under section 53F, to make a deferral decision or impose a condition.(4)A refusal does not takes effect until the end the appeal period for the decision to refuse.Notes—
1For the period to appeal, see section 105.2For when the Land Court may grant a stay of the decision, see section 107.
Division 3 Miscellaneous provisions
54 [Repealed]
55 [Repealed]
55A [Repealed]
56 [Repealed]
58 [Repealed]
59 [Repealed]
60 [Repealed]
61 Obstruction of 1923 Act petroleum tenure holder
(1)A person must not, without reasonable excuse, obstruct a 1923 Act petroleum tenure holder from—(a)entering or crossing land to carry out an authorised activity for the tenure if chapter 3, part 2 or 3 of the Common Provisions Act, to the extent it is relevant, has been complied with in relation to the entry; or(b)carrying out an authorised activity for the tenure on the land.Maximum penalty—100 penalty units.
(2)If a person has obstructed a 1923 Act petroleum tenure holder from carrying out an activity mentioned in subsection (1) and the holder decides to proceed with the carrying out of the activity, the holder must warn the person that—(a)it is an offence to obstruct the holder unless the person has a reasonable excuse; and(b)the holder considers the person’s conduct is an obstruction.(3)In this section—obstruct includes assault, hinder or resist and attempt or threaten to assault, hinder or resist.
62 [Repealed]
63 [Repealed]
64 [Repealed]
65 Reservations in favour of State
(1)Each lease or authority to prospect is subject to a reservation to the State of the right to grant the easements or rights of way, over land covered by the lease or authority, the Minister considers desirable for—(a)developing or working the land or other land containing petroleum deposits; or(b)treating and transporting petroleum deposits by or for the Government, or a lessee or authority holder; or(c)another public purpose associated with a purpose mentioned in paragraph (a) or (b).(2)Easements and rights of way under this section may be granted for joint or several use.
66 [Repealed]
67 [Repealed]
68 [Repealed]
69 [Repealed]
69A [Repealed]
70 [Repealed]
70A [Repealed]
71 [Repealed]
72 [Repealed]
73 Recovery of amounts payable to the State
(1)An amount payable to the State under this Act may be recovered as a debt in a court having jurisdiction up to the amount of the debt.(2)The starting of a proceeding to recover an amount owing to the State does not limit the right of the State to recover another amount that may become payable under this Act because the failure continues.(3)If the State starts a proceeding to recover part only of an amount payable at a particular time, the State is taken to have abandoned the remainder of the amount payable at the time.
Part 6A Key mandatory conditions and related provisions
Division 1 Preliminary
74 Operation of div 1
This division provides for the key mandatory conditions for 1923 Act petroleum tenures.Notes—
1Parts 4, 6, 6B to 6K and 10 also impose mandatory conditions on 1923 Act petroleum tenures.2For what is a ‘mandatory condition’, see the definition of that term in section 2.
Division 2 Specific mandatory conditions for authorities to prospect and related provisions
Subdivision 1 Standard relinquishment condition and related provisions
Note—
For an authority to prospect in force immediately before 31 December 2004, see part 10, division 2.
74A Standard relinquishment condition
(1)It is a condition (the relinquishment condition) of each authority to prospect that its holder must relinquish part of its area, as provided for under this subdivision—(a)on or before each of its relinquishment days; and(b)if section 74E(3) applies—on the day provided for under that subsection; and(c)if, under part 4, division 2, subdivision 3, the period of the work program for the authority has been extended—the day on which the extended period ends.(2)However, if, under section 25J(4), a relinquishment day for the authority (the original day) is deferred for a stated period, for the relinquishment condition—(a)the relinquishment that was required on or before the original day is taken to have been deferred until the end of the stated period; but(b)the relinquishments required under the relinquishment condition on any later relinquishment days for the authority must be made as if the deferral has not been granted.(3)A relinquishment required under the relinquishment condition—(a)must be made by lodged notice (the relinquishment notice); and(b)takes effect on the day after lodgement under paragraph (a).(4)This section does not prevent the holder from relinquishing, by relinquishment notice, more than the part provided for under this subdivision.
74B Consequence of failure to comply with relinquishment condition
(1)If the holder does not comply with the relinquishment condition the holder must be given a notice requiring the holder to comply with the condition within 20 business days after the giving of the notice.(2)If the holder does not comply with the requirement, the authority to prospect is cancelled.(3)However, the cancellation does not take effect until the holder is given a notice stating that the authority to prospect is cancelled because of the operation of subsection (2).
74C Part usually required to be relinquished
(1)This section is subject to section 74E.(2)The relinquishment for each relinquishment day, and any other day mentioned in section 74A(1)(b) or (c) that applies to the authority, must be such that by that day at least 8.33% of the original notional sub-blocks of the authority to prospect have been relinquished for each year that has passed since the authority originally took effect.(3)The sub-blocks required to be relinquished under this section is the usual relinquishment.
74D Sub-blocks that can not be counted towards relinquishment
(1)The following can not be counted as sub-blocks relinquished for the relinquishment condition—(a)sub-blocks relinquished under a condition imposed under section 25J(6);(b)sub-blocks in an area that, under section 20, has ceased to be included in the area of an authority to prospect;(c)sub-blocks the subject of a lease application or an application for a 2004 Act lease;(d)sub-blocks relinquished under a penalty relinquishment.(2)In this section—penalty relinquishment means a relinquishment that is—(a)made under section 74J or under a requirement under section 80T(1)(b); and(b)more than the sub-blocks required to be relinquished under the relinquishment condition.
74E Adjustments for sub-blocks that can not be counted
(1)This section applies for a relinquishment day if, after taking away all sub-blocks that, under section 74D, can not be counted for the relinquishment condition, the balance of the sub-blocks of the authority to prospect are less than the sub-blocks required to be relinquished under the usual relinquishment.(2)The relinquishment condition is taken to have been complied with if the authority holder gives a relinquishment notice for all of the balance.(3)However, if—(a)a sub-block not counted for the relinquishment condition was the subject of a lease application; and(b)the result of the application is that it is refused;the authority holder must, within 20 business days after the appeal period for the decision to refuse, give a relinquishment notice for that sub-block.
74F Relinquishment must be by blocks
(1)A relinquishment under the relinquishment condition can only be by blocks.(2)However, if a block contains an area that, under section 74D, can not be counted as a relinquishment, subsection (1) is complied with if all of the rest of the land within the block is relinquished.
74G Ending of authority to prospect if all of area relinquished
If all of the area of an authority to prospect is relinquished, the authority ends.
Subdivision 2 Work programs
74H Requirement to have work program
The holder of an authority to prospect must have a work program for the authority.Notes—
1The only ‘work program’ for an authority to prospect is its current initial work program provided for under section 151 or 155 or its later work program, as approved under part 4, division 2. See the definition of that term in section 2.2For the requirements to lodge a proposed later work program see sections 25M, 74K and 80T.3For approval of proposed later development plans see part 4, division 2, subdivision 2.
74I Compliance with exploration activities in work program
An authority to prospect holder must carry out the exploration activities proposed in the work program.
74J Penalty relinquishment if work program not completed within extended period
(1)If—(a)under part 4, division 2, subdivision 3, the period of the work program for an authority to prospect has been extended; and(b)the work program is not completed on or before the day on which the extended period ends;its holder must relinquish a part of the original notional sub-blocks of the authority that the Minister is satisfied corresponds to the amount of the work under the work program that was not completed.
(2)The holder must give the chief executive written notice of the relinquishment within 20 business days after the end of the extended period.Note—
For other relevant provisions about giving the chief executive documents, see part 9, division 1A.(3)If the holder does not comply with subsection (2), the Minister may take action under section 80T(1)(b).
74K Obligation to lodge proposed later work program
(1)This section imposes an obligation on an authority to prospect holder to lodge a proposed later work program for the authority.Notes—
1For approval of the proposed program, see part 4, division 2, subdivision 2.2If the holder wishes to renew the authority, a proposed later work program must be included in the renewal application. See section 25M(1).(2)The obligation is complied with only if the proposed later work program—(a)is lodged; and(b)complies with the later work program requirements; andNote—
For requirements for proposed later work programs, see part 4, division 2, subdivision 1.(c)is accompanied by the relevant fee.(3)A proposed later work program must be lodged at least 40, but no more than 100, business days before the end of the program period for the current work program for the authority (the current work program period).(4)However, if before the end of the current work program period, a decision is made not to approve a proposed later work program lodged under subsection (3), the holder may, within the eligible balance of the period, lodge another proposed later work program.(5)If the holder does not lodge any proposed later work program before the end of the current plan period or if subsection (4) applies and the holder does not lodge another proposed later work program within the eligible balance of the current work program period—(a)the holder must be given a notice requiring the holder to lodge a proposed later work program for the authority within 40 business days after the giving of the notice; and(b)the holder must comply with the requirement.(6)In this section—eligible balance, for a current work program period during which a decision mentioned in subsection (4) is made, means the balance of the period, other than the appeal period for the decision.relevant fee, for the lodgement of the proposed program, means—(a)if the proposed program is lodged within the time required under subsection (3)—the fee prescribed under a regulation; or(b)if the proposed program is lodged after the time required under subsection (3)—(i)if it is lodged under subsection (4)—nil; or(ii)if it is not lodged under subsection (4)—an amount that is 10 times the prescribed fee.
74L Consequence of failure to comply with notice to lodge proposed later work program
(1)If an authority to prospect holder does not comply with a requirement under section 74K(5)(a), the authority is cancelled.(2)However, the cancellation does not take effect until the holder is given a notice stating that the authority has been cancelled because of the operation of subsection (1).
Subdivision 3 Miscellaneous conditions
74M Restriction on flaring or venting
(1)An authority to prospect holder must not flare or vent petroleum in a gaseous state produced under the authority unless the flaring or venting is authorised under this section.(2)Flaring the gas is authorised if it is not commercially or technically feasible to use it—(a)commercially under the authority; or(b)for an authorised activity for the authority.(3)Venting the gas is authorised if—(a)it is not safe to use the gas for a purpose mentioned in subsection (2)(a) or (b) or to flare it; or(b)flaring it is not technically practicable.
74N Petroleum royalty and annual rent
(1)From 31 December 2004, the holder must pay the State—(a)petroleum royalty as required under the 2004 Act, chapter 6; and(b)annual rent, as prescribed under a regulation.(2)The annual rent must be paid in the way, and on or before the day, prescribed under a regulation under the 2004 Act.
Division 3 Specific mandatory conditions for leases and related provisions
Subdivision 1 Development plans
74O Requirement to have development plan
A lessee must have a development plan for the lease.Notes—
1For what is the ‘development plan’ for a lease, see the definition of that term in section 2.2For the requirements to lodge a proposed later development plan see sections 40, 45, 74Q and 80T.3For approval of proposed later development plans see part 6, division 2, subdivision 2.
74P Compliance with development plan
(1)A lessee must comply with the development plan for the lease.Note—
For a lease being taken to have a development plan until a decision on whether to approve a proposed development plan is made, see section 53D.(2)However, subsection (1) does not apply to a failure to comply with the plan that is an act or omission by the holder to ensure compliance with an insufficiency of supply direction under the Gas Supply Act 2003.
74Q Obligation to lodge proposed later development plan
(1)This section imposes an obligation on a lessee to lodge a proposed later development plan for the lease.Notes—
1For approval of the proposed plan, see part 6, division 2, subdivision 2.2If the holder wishes to renew the lease, a proposed later development plan must be included in the renewal application. See section 25M.(2)The obligation is complied with only if the proposed later development plan—(a)is lodged; and(b)complies with the later development plan requirements; and(c)is accompanied by the relevant fee.(3)A proposed later development plan must be lodged—(a)for a petroleum lease granted after the commencement of this section—within 6 months after the grant; or(b)otherwise—(i)at least 40, but no more than 100, business days before the end of the plan period for its current development plan (the current plan period); or(ii)as soon as practicable after the holder proposes or becomes aware of a significant change to the nature and extent of an authorised activity that is not already dealt with under the current development plan for the lease.(4)However, if before the end of the current plan period, a decision is made not to approve a proposed later development plan lodged under subsection (3), the holder may, within the eligible balance of the period, lodge another proposed later development plan.(5)If the holder does not lodge any proposed later development plan before the end of the current development plan period or if subsection (4) applies and the holder does not lodge another proposed later development plan within the eligible balance of the current development plan period—(a)the holder must be given a notice requiring the holder to lodge a proposed later development plan for the lease within 40 business days after the giving of the notice; and(b)the holder must comply with the requirement.(6)In this section—eligible balance, for a current plan period during which a decision mentioned in subsection (4) is made, means the balance of the period, other than the appeal period for the decision.relevant fee, for the lodgement of the proposed plan, means—(a)if the proposed plan is lodged within the time required under subsection (3)—the fee prescribed under a regulation; or(b)if the proposed plan is lodged after the time required under subsection (3) and—(i)if it is lodged under subsection (4)—nil; or(ii)if it is not lodged under subsection (4)—an amount that is 10 times the prescribed fee.
74R Consequence of failure to comply with notice to lodge proposed later development plan
(1)If a lessee does not comply with a requirement under section 74Q(5)(a), the lease is cancelled.(2)However, the cancellation does not take effect until the holder is given a notice stating that the lease has been cancelled because of the operation of subsection (1).
Subdivision 2 Other mandatory conditions for leases
74S Restriction on flaring or venting
(1)A lessee must not flare or vent petroleum in a gaseous state produced under the lease unless the flaring or venting is authorised under this section.(2)Flaring the gas is authorised if it is not commercially or technically feasible to use it—(a)commercially under the lease; or(b)for an authorised activity for the lease.(3)Venting the gas is authorised if—(a)it is not safe to use the gas for a purpose mentioned in subsection (2)(a) or (b) or to flare it; or(b)flaring it is not technically practicable.(4)Venting the coal seam gas is also authorised if—(a)it is being used, or is proposed to be used, under a greenhouse abatement scheme; and(b)if subsection (1) were to apply, the direct or indirect benefit the holder would otherwise obtain because of the use of the gas under the scheme would be reduced.(5)In this section—greenhouse abatement scheme means—(a)the Electricity Supply Act 1995 (NSW), part 8A; or(b)the Commonwealth’s Greenhouse Gas Abatement Program; or(c)another scheme about the abatement of greenhouse gases prescribed under a regulation.
74T Obligation to commence production
A lessee must start petroleum production under the lease on or before the later of the following—(a)the end of 2 years after the lease takes effect;(b)any production commencement day for the lease.
74TA Power to impose or amend condition if changed holder of lease
(1)This section applies if 1 of the following changes happens—(a)an entity starts or stops controlling the holder of a lease under the Corporations Act, section 50AA;
(2)On 31 December 2004—(a)the notice of entry is taken to be an entry notice; and(b)the entry notice is taken to have been given under part 6H; and(c)the entry period for the entry notice is the shorter of the following periods to end—(i)the balance of the period of the notice of entry;(ii)the period that ends 6 months after the commencement.
Subdivision 7 Compensation
162 Accrued compensation rights relating to 1923 Act petroleum tenure
(1)This section applies if—(a)a right, under the former compensation provisions, to compensation existed immediately before 31 December 2004; and(b)the right—(i)relates to a 1923 Act petroleum tenure; and(ii)is about an act done or omission made before 31 December 2004.Note—
For accrued compensation rights relating to a converted petroleum authority, see the 2004 Act, section 922.(2)The right continues after 31 December 2004.(3)The compensation must be decided under the former compensation provisions as if the provisions had not been repealed.(4)A matter relating to the compensation that, before 31 December 2004, had been referred to the Land and Resources Tribunal but not decided must be decided under the former compensation provisions.(5)In this section—former compensation provisions means sections 18(5) and 97 to 99 of this Act, as they were in force immediately before 31 December 2004.
163 Existing compensation agreements relating to 1923 Act petroleum tenure
(1)This section applies to an agreement as mentioned in section 98(1) of this Act, as it was in force immediately before 31 December 2004, for compensation relating to a 1923 Act petroleum tenure.Note—
For accrued compensation rights relating to a converted petroleum authority, see the 2004 Act, section 922.(2)On 31 December 2004, the agreement is taken to be a compensation agreement made under part 6K.(3)The agreement may be enforced, and may be the subject of an application under section 79S, as if it were a compensation agreement under part 6K.(4)Subsection (3) applies even if the agreement was not valid because section 98(2), as it was in force immediately before 31 December 2004, had not been complied with.
Subdivision 8 Continuation of former cancellation provision in particular circumstances
164 Continued application of former s 22 for previous acts or omissions
Despite its repeal, former section 22 of this Act, as it was in force immediately before 31 December 2004, continues to apply for an act done or omission made in relation to the authority that happened before that day.
Subdivision 9 Existing road uses
165 Exclusion of pt 6I, div 1 for continuance of particular existing road uses
(1)If, immediately before the commencement, a 1923 Act petroleum tenure holder was using a public road in the area of the tenure for transport relating to a seismic survey or drilling activity, part 6I, division 1 does not apply for the use while it continues.(2)Subsection (3) applies for the use (the haulage use) by a 1923 Act petroleum tenure holder of a public road for haulage that relates to—(a)the transportation of petroleum produced or processed in the area of the tenure; or(b)the construction of a pipeline.(3)Part 6I, division 1, does not apply for the haulage use if—(a)at any time within 12 months before the commencement, the holder was carrying out the haulage use; and(b)the type of haulage under the haulage use is the same, or substantially the same, as the type of haulage carried out within the 12 months.(4)Subsection (3) applies even if the haulage use stops and later starts again.(4A)A reference to part 6I, division 1 in this section is taken to include a reference to the Common Provisions Act, chapter 3, part 3, division 2.(5)In this section—commencement means the day section 78Z commences.
Subdivision 9A Provisions for existing Water Act bores
165A Exemption from, or deferral of, reporting provisions for existing 1923 Act petroleum tenure holders
(1)This section applies to the holder of any 1923 Act petroleum tenure under which petroleum production is carried out before 30 June 2005.(2)The holder must, within 12 months after 31 December 2004, lodge at the following office a statement about the need to have an underground water impact report for the tenure—(a)the office of the department for lodging the statement, as stated in a gazette notice by the chief executive;(b)if no office is gazetted under paragraph (a)—the office of the chief executive.(3)The chief executive may, after considering the statement, decide whether an underground water impact report is required for the tenure.(4)The chief executive may require the holder to give the chief executive further information to enable the chief executive to make a decision under subsection (3).(5)If the chief executive decides an underground water impact report is not required, sections 75IM and 75IX are taken never to have applied to the holder.(6)If the chief executive decides an underground water impact report is required, the chief executive may decide a reasonable time by which the report must be lodged.(7)If, under subsection (6), the chief executive decides a time, section 75IM is taken not to apply to the holder until that time.(8)A decision under this section has no effect until the holder is given notice of it.
165B Make good obligation only applies for existing Water Act bores on or from 31 December 2004
Section 75IG only applies in relation to an existing Water Act bore that was in existence on 31 December 2004 or came into existence after that day.
Subdivision 10 Miscellaneous provisions
166 Provision for cancellation of particular conditions of lease 191
The conditions numbered 1 to 3 and 5 to 10 of the lease numbered 191 are no longer conditions of that lease.Editor’s note—
Condition 10 of the lease numbered 191 provides—‘These conditions will have application until they are terminated by legislation implementing a new coal seam gas regime in Queensland.’.
167 Application of s 3 to particular existing mining tenements
(1)This section applies to a mining tenement in force immediately before the commencement, other than a coal or oil shale mining tenement.(2)Section 3 applies to the mining tenement as if it had been granted after the commencement.(3)However, for a mining tenement other than a mining lease, section 3(3) and (6) does not apply for the carrying out of an authorised activity for a petroleum authority in the area of the tenement until 3 months after the commencement.(4)The Mineral Resources Act, section 403, does not apply for the carrying out of the authorised activity until 3 months after the commencement.(5)In this section—commencement means the day section 3 commences.
168 Deferral of s 52A for existing leases
Section 52A does not apply to the holder of a lease in force at the commencement of this section until 12 months after 31 December 2004.
169 Deferral of s 79I for particular 1923 Act petroleum tenure holders
If, immediately before 31 December 2004, a 1923 Act petroleum tenure holder is lawfully carrying out an authorised activity for the tenure on public land, section 79I does not apply to the holder until 6 months after 31 December 2004.
Division 2 Relinquishment condition until first renewal after 31 December 2004, and related provisions
170 Application of div 2
(1)This division applies for an authority to prospect in force immediately before 31 December 2004 that, after that day, continues in force as an authority to prospect under this Act.Note—
For the conversion of a particular authority to prospect granted under this Act to an authority to prospect under the 2004 Act, see the 2004 Act, chapter 15, part 3, division 2.(2)However, this division only applies for the period of the authority’s current term.Note—
From the end of the current term, the relinquishment conditions and related provisions under part 6A, division 2, subdivision 1, apply.
171 What is the current term of an authority to prospect
(1)The current term of an authority to prospect is the period that starts on the later of the following days and ends when it is first renewed after 31 December 2004—(a)the day the authority was granted;(b)the day the last renewal of the authority before 31 December 2004 became effective.(2)However, an authority granted between 1 January 1994 and 23 December 1996 ends on a day decided by the Minister.(3)For subsection (1)(b), a renewal of the authority is taken to have become effective on the day immediately after the end of its last term before the renewal.
172 What are the transitional notional sub-blocks of an authority to prospect
(1)The transitional notional sub-blocks, of an authority to prospect, are the sub-blocks stated in the instrument for the authority at the start of its current term.(2)However, the transitional notional sub-blocks do not include any sub-block stated in the instrument that is completely within the area of a lease under this Act or a 2004 Act lease.(3)For subsection (1), if the instrument—(a)states that the authority’s area includes land within a block; but(b)does not include or exclude any particular sub-block within that block;the reference to the block is a reference to all sub-blocks within the block, other than any sub-block that is completely within the area of another 1923 Act petroleum tenure or a 2004 Act petroleum tenure.
173 Relinquishment condition if authority includes a reduction requirement
(1)If the authority requires its area to be reduced to a stated number of blocks on or before stated days—(a)the relinquishment condition for the authority is the relinquishment condition under section 74A, subject to the change that the required percentage is the required reduction instead of 8.33%; and(b)part 6A, division 2, subdivision 1, applies to the authority, subject to the change under paragraph (a).(2)However, the relinquishment condition is taken to include a requirement that, before the first renewal of the authority after 31 December 2004, at least 5% of the transitional notional sub-blocks for the authority must have been relinquished for each 12 month period of its current term.(3)Also, a relinquishment of a part of the area of the authority that overlaps with the area of a lease under this Act or a 2004 Act lease can not be counted as a relinquishment for the relinquishment condition.Note—
For conditions for a renewal application, see section 25L.
174 Relinquishment condition if authority does not include a reduction requirement
(1)If the authority does not include a requirement mentioned in section 173(1), the relinquishment condition for the authority is the relinquishment condition under section 74A, with the following changes—(a)the required percentage is 5% instead of 8.33%;(b)the reference in sections 74C(2) to the authority originally taking effect is a reference to the start of its current term.(2)Part 6A, division 2, subdivision 1, applies to the authority, subject to the changes under subsection (1).
Division 3 Leases overlapping with an existing or proposed mineral development licence
Subdivision 1 Preliminary
175 Definitions for div 3
In this division—information-giver see section 180(1).MDL means mineral development licence under the Mineral Resources Act.MDL applicant see section 176(2)(c).MDL application see section 176(1)(b).overlapping land see section 176(1).recipient see section 180(1).
176 Application of div 3
(1)This division applies if, before 31 December 2004, a lease was granted and when it was granted its area included any of the following land (overlapping land)—(a)land in the area of an MDL that is a coal or oil shale exploration tenement;(b)land the subject of an application (the MDL application) under the Mineral Resources Act for an MDL made but not decided before 31 December 2004 if the MDL applied for would, if granted, be a coal or oil shale exploration tenement.(2)However, this division does not apply, or ceases to apply, if—(a)the same person holds the lease and the MDL; or(b)the overlapping land ceases to be in the area of the lease or the MDL or to be subject to the MDL application; or(c)the person who made the MDL application (the MDL applicant) is also the lessee; or(d)the MDL application is rejected; or(e)the MDL holder or the MDL applicant has agreed in writing with the lessee that this division does not apply.
Subdivision 2 Additional provisions
177 Obligation of lessee to give access to MDL holder
(1)This section applies for the MDL or any MDL granted because of the MDL application.(2)It is a condition of the lease that the lessee must allow the MDL holder access to the overlapping land to carry out any authorised activity for the MDL if—(a)the required notice has been given; and(b)the carrying out of the activity—(i)does not interfere with the carrying out of an authorised activity for the lease; and(ii)is consistent with the safety management system under the 2004 Act for any operating plant on the overlapping land the operation of which is an authorised activity for the lease.(3)Subsection (2)(b) applies whether or not the operating plant has started to operate.(4)The condition under subsection (2) is subject to any agreement about coordinating the development of coal and petroleum in the land (a coordinated development agreement) made between the lessee and the MDL holder or the MDL applicant.(5)In this section—required notice means a notice from the MDL holder to the lessee, given a reasonable period before the start of the authorised activity for the MDL, that states when and where the activity is proposed to be carried out.
178 Additional requirements for later development plans for lease
(1)This section imposes additional requirements for the approval of any proposed later development plan for the lease made after 31 December 2004.(2)However, the additional requirements do not apply if the MDL holder or the MDL applicant has made a coordinated development agreement with the lessee or has agreed in writing in relation to the proposed plan and a copy of either agreement has been lodged at—(a)the office of the department for lodging proposed later development plans, as stated in a gazette notice by the chief executive; or(b)if no office is gazetted under paragraph (a)—the office of the chief executive.(3)The lessee must, before lodging the proposed plan under section 74Q, give the MDL holder or the MDL applicant a copy and use reasonable attempts to—(a)consult with the MDL holder or the MDL applicant about the proposed plan; and(b)change the proposed plan to include reasonable provisions proposed by the MDL holder or the MDL applicant that will optimise the safe and efficient production of—(i)petroleum under the lease; and(ii)coal or oil shale under any future mining lease over the overlapping land that may be granted to the MDL holder or the MDL applicant; and(c)provide for the following in the proposed plan—(i)the location and timing of the development of coal and petroleum in the overlapping land;(ii)the mining or production of the petroleum in a way that is consistent with the proposed mining of the coal;(iii)a way for the coal to be developed in a timely way, including, for example, by appropriate periodic surrenders of parts of the lease.(4)However, the obligations under subsection (3)(b) and (c) apply only to the extent the provisions are commercially and technically feasible for the lessee.(5)Also, when the lessee lodges the proposed plan, it must be accompanied by a written notice stating each of the following—(a)details of the consultation;(b)the results of the consultation;(c)any changes made to the proposed plan because of the consultation;(d)the lessee’s assessment of the potential for the lessee and the MDL holder or the MDL applicant to make a coordinated development agreement.
179 Minister may require further negotiation
(1)The Minister may, after receiving the notice under section 178(5), require the lessee to conduct negotiations with the MDL holder or the MDL applicant with a view to agreeing about changes of a type mentioned in section 178(3)(b).(2)The lessee must use all reasonable attempts to comply with the requirement.(3)If the lessee does not comply with subsection (2), the Minister may refuse to approve the lessee’s proposed later development plan.
Subdivision 3 Confidentiality of information
180 Application of sdiv 3
(1)This section applies if a tenure holder or a person who has applied for a tenure (the information-giver) gives another tenure holder or a person who has applied for a tenure (the recipient) information—(a)that this division requires the information-giver to give the recipient, including, for example, information given to comply with section 178(3); or(b)for the purposes of this division.(2)However, this section applies subject to any agreement between the information-giver and the recipient about the information or its use.(3)In this section—information means information given verbally or in writing.tenure means the lease, the MDL or any MDL granted because of the MDL application.
181 Confidentiality obligations
(1)The recipient must not disclose the information to anyone else, unless—(a)the information is publicly available; or(b)the disclosure is—(i)to someone whom the recipient has authorised to carry out the authorised activities for the recipient’s lease, MDL or MDL granted because of the MDL application; or(ii)made with the information-giver’s consent; or(iii)expressly permitted or required under this or another Act; or(iv)to the Minister.(2)The recipient may use the information only for the purpose for which it is given.
182 Civil remedies
If the recipient does not comply with section 181, a court of competent jurisdiction may order the recipient to pay the information-giver all or any of the following—(a)compensation for any loss the information-giver incurred because of the failure to comply with the section;(b)the amount of any commercial gain the recipient made because of the failure to comply with the section.
Part 11 Transitional provisions for Petroleum and Other Legislation Amendment Act 2005
183 S 86 water bores
(1)This section applies for a water bore—(a)drilled with the permission of the Minister under the 1923 Act, section 86; and(b)within the area of a 1923 Act petroleum tenure.(2)On and from the day the Petroleum and Other Legislation Amendment Act 2005 commences, the water bore—(a)is taken to be a water supply bore under this Act; and(b)may be transferred without complying with section 75Q(2).
184 Decommissioning wells and bores
(1)Until 1 July 2005, subsection (2) applies to a well or bore mentioned in section 75U instead of section 75U(4)(a).(2)The well or bore must be plugged and abandoned under this Act, as the Act was immediately before the commencement of this section.
Part 12 Transitional provision for Mines and Energy Legislation Amendment Act 2008
185 Provision for repeal of section 19
(1)This section applies to an application for variation of an authority to prospect under former section 19 made but not decided before the repeal of that section.(2)The application is taken to be an application for approval of an amendment to the work program for the authority, made under sections 25H and 25I.(3)Sections 25G, 25J and 25K apply to the deciding of the application, with necessary changes.(4)In this section—former section 19 means section 19 as in force before the commencement of this section.
Part 13 Transitional provisions for amendments under Geothermal Energy Act 2010
186 Land access code prevails over conditions
If a condition of a 1923 Act petroleum tenure is inconsistent with a mandatory provision of the land access code, the mandatory provision prevails to the extent of the inconsistency.
187 Existing compensation agreements other than for notifiable road uses
(1)This section applies if immediately before the commencement of this section a compensation agreement under part 6K was in force.(2)On the commencement the agreement becomes a conduct and compensation agreement under part 6K, division 1.
188 Existing entry notices
(1)This section applies to an entry notice for the carrying out of an authorised activity for a 1923 Act petroleum tenure if the notice complied with the entry notice requirements before the commencement of this section.(2)The notice continues, according to its terms, to be valid for the carrying out of the activity after the commencement even though the notice does not comply with all of the entry notice requirements from the commencement.(3)In this section—entry notice requirements means the requirements under this Act relating to the giving of an entry notice.
189 References to geothermal tenure
Until the Geothermal Energy Act 2010, chapter 9, part 1 commences, a reference in this Act to a geothermal tenure is taken to be a reference to a geothermal exploration permit.
Part 14 Transitional provisions for Mines Legislation (Streamlining) Amendment Act 2012
Division 1 Preliminary
190 Definitions for pt 14
In this part—amending Act means the Mines Legislation (Streamlining) Amendment Act 2012.commencement means the commencement of the section in which the term is used.former, in relation to a provision, means the provision as in force before the commencement of the section in which the term is used.
Division 2 Transitional provisions for amendments in amending Act commencing on assent
191 Land in a 1923 Act petroleum tenure’s area taken before the commencement
(1)This section applies if—(a)land in a 1923 Act petroleum tenure’s area was taken under a resumption law before the commencement; and(b)at the commencement, the entity taking the land has not taken action indicating the 1923 Act petroleum tenure was extinguished (wholly or partly) when the land was taken.Examples of action for paragraph (b)—
•serving a copy of the resumption notice for the taking of the land on the 1923 Act petroleum tenure holder (in the holder’s capacity as the holder of the tenure)•entering into a resumption agreement under the ALA with the 1923 Act petroleum tenure holder for the taking of the land•negotiating, or taking other action relating to, the compensation payable to the 1923 Act petroleum tenure holder for the taking of the land•paying compensation to the 1923 Act petroleum tenure holder for the taking of the land•arranging for the taking of the land to be recorded in the petroleum register against the 1923 Act petroleum tenure(2)The taking of the land did not extinguish (wholly or partly) the 1923 Act petroleum tenure or any other 1923 Act petroleum interest relating to the tenure.(3)Subsection (2) does not affect the ending of a 1923 Act petroleum interest (wholly or partly) in any other way, including, for example—(a)by the entity taking the land acquiring the 1923 Act petroleum interest (wholly or partly) under a separate commercial agreement or other arrangement with the holder of the interest; or(b)by the 1923 Act petroleum interest holder surrendering the interest (wholly or partly) under this Act.
192 Land in a 1923 Act petroleum tenure’s area for which notice of intention to resume given before the commencement
(1)This section applies if—(a)before the commencement, an entity gave a notice of intention to resume for the proposed taking, under a resumption law, of land in a 1923 Act petroleum tenure’s area; and(b)at the commencement, the land had not been taken under the resumption law.(2)If the land is taken other than by taking or otherwise creating an easement, sections 124A to 124C apply in relation to the taking, except that the resumption notice for the taking may provide for the extinguishment of a 1923 Act petroleum interest on the taking even if the notice of intention to resume does not comply with section 124A(8).(3)If the land is taken by taking or otherwise creating an easement, section 124C applies in relation to the taking.
Division 3 Transitional provisions for amendments in amending Act commencing by proclamation
193 Minister to decide particular applications for or about leases
(1)This section applies if—(a)before the commencement, an application was made for—(i)the grant of a lease under section 40; or(ii)the renewal of a lease under section 45; and(b)the Governor in Council has not decided the application.(2)The Minister must decide the application—(a)for the grant of a lease—under section 40, as amended by the amending Act; or(b)for the renewal of a lease—under section 45, as amended by the amending Act.
194 Unfinished indications about approval of dealing
(1)This section applies if—(a)a party to a proposed dealing made a request to the Minister under former section 80H; and(b)the Minister had not given the party an indication before the commencement.(2)The Minister may continue to consider the request and give an indication under former section 80H as if the section had not been repealed by the amending Act.
195 Undecided applications for approval of dealing
(1)This section applies if—(a)a holder of a 1923 Act petroleum tenure or interest made an application for approval of a dealing under former section 80I; and(b)the Minister had not granted or refused the approval before the commencement.(2)Despite the replacement of former part 6N by the amending Act—(a)the Minister may continue to deal with the application; and(b)former sections 80J and 80K apply to the Minister’s decision about the application.
196 Deciding applications for approval of assessable transfers until commencement of particular provisions
(1)This section applies until the commencement of the Environmental Protection Act 1994, chapter 5A, part 4 as inserted by the Environmental Protection (Greentape Reduction) and Other Legislation Amendment Act 2012.(2)Former section 80J(2)(a) continues in force instead of section 80KC(4)(a), as inserted by the amending Act, for deciding whether to give an approval of an assessable transfer.
197 Uncommenced appeals about refusal to approve particular dealing
(1)This section applies to a person if—(a)before the commencement, the person could have appealed to the Land Court under section 104 in relation to a refusal to approve a dealing under former section 80J(1); but(b)the person had not started the appeal before the commencement.(2)Despite the amendment of the schedule by the amending Act, the person continues to be a person who may start an appeal under section 104, subject to sections 105 and 106.
198 Unfinished appeals about refusal to approve particular dealing
(1)This section applies if, before the commencement—(a)a person started an appeal under section 106 in relation to a refusal to approve a dealing under former section 80J(1); and(b)the Land Court had not yet decided the appeal.(2)The Land Court may continue, under part 7, to grant a stay of the decision being appealed, and hear and decide the appeal.
Part 15 Transitional provisions for Land, Water and Other Legislation Amendment Act 2013
199 Definitions for pt 15
In this part—commencement means the commencement of the provision in which the word appears.previous, for a provision of this Act, means the provision as in force immediately before the commencement.
200 Continuation of conversion of well
(1)This section applies if, immediately before the commencement, a 1923 Act petroleum tenure holder was converting a well to a water supply bore under section 75L.(2)On the commencement, previous part 6D, division 2 continues to apply to the holder until the well is converted to a water supply bore.
201 Drilling water observation bores or water supply bores
(1)This section applies if immediately before the commencement a person, other than a licensed water bore driller, was drilling a water observation bore or water supply bore under section 75K.(2)On the commencement, previous section 75K continues to apply to the person until the water observation bore or water supply bore is completed.
202 Converting wells to water supply bores
(1)This section applies if, immediately before the commencement—(a)a 1923 Act petroleum tenure holder was converting a well to a water supply bore under section 75L; and(b)the holder was not converting the well as allowed under section 200.(2)On the commencement—(a)the holder is taken to be converting the well to a water supply bore under new section 75L; and(b)new part 6D, division 2 applies.(3)In this section—new part 6D, division 2 means part 6D, division 2 as inserted under the Land, Water and Other Legislation Amendment Act 2013.new section 75L means section 75L as inserted under the Land, Water and Other Legislation Amendment Act 2013.
203 Minister’s consent required for particular transfers of water observation bores or water supply bores to landowners
(1)This section applies if—(a)before the commencement, a 1923 Act petroleum tenure holder lodged a notice under section 75Q(2)(b) to transfer a water observation bore or water supply bore; and(b)immediately before the commencement, the Minister’s consent to the transfer had not been given.(2)On the commencement, previous section 75Q(3) continues to apply to the transfer.Note—
Under previous section 75Q(3), the approved form required the signed consent of the Minister and the landowner to the transfer.
204 Statement on approved form under s 75Q if bore drilled or well converted before the commencement
(1)This section applies if a 1923 Act petroleum tenure holder or a water monitoring authority holder is transferring, under section 75Q—(a)a water observation bore or water supply bore drilled under previous section 75K; or(b)a water supply bore converted from a well under previous section 75L.(2)The requirement under section 75Q(4)(a) is taken to be satisfied if the holder gives the chief executive a signed notice stating—(a)if the bore has been drilled under previous section 75K—previous section 75K has been complied with for the bore; or(b)if the bore has been converted from a well under previous section 75L—previous section 75L has been complied with for the bore.
205 Statement on approved form under s 75S if water observation bore drilled before the commencement
(1)This section applies if a 1923 Act petroleum tenure holder, a 2004 Act petroleum tenure holder or a water monitoring authority holder is transferring, under section 75S, a water observation bore drilled under previous section 75K or the pre-amended 2004 Act, section 282.(2)The requirement under section 75S(2) is taken to be satisfied if the holder gives the chief executive a signed notice stating—(a)if the bore has been drilled under previous section 75K—previous section 75K has been complied with for the bore; or(b)if the bore has been drilled under the pre-amended 2004 Act, section 282—the pre-amended 2004 Act, section 282 has been complied with for the bore.(3)In this section—pre-amended 2004 Act means the 2004 Act as in force before the commencement.
Part 16 Transitional provisions for Mineral and Energy Resources (Common Provisions) Act 2014
206 Continued appeal right for particular decisions
(1)A person who, before the commencement of this section, may have appealed against a relevant decision to the Land Court under section 104(1), may still appeal against the decision, in compliance with part 7, despite the amendment of the schedule by the Common Provisions Act.(2)In this section—previous, for a provision of this Act, means the provision as in force immediately before the repeal of the provision under the Common Provisions Act.relevant decision means any of the following—(a)a decision to give a road use direction under previous section 79(1);(b)the imposition of condition on entry on public land under previous section 79L(1), other than a condition agreed to or requested by the relevant 1923 Act petroleum tenure holder;(c)a refusal to approve an assessable transfer under previous section 80KC;(d)a decision to require security as prescribed in previous section 80KD.
207 Existing practice manuals
(1)A practice manual kept under former section 142 continues in effect until the chief executive makes a manual available under the Common Provisions Act, section 202(4)(b).(2)In this section—former section 142 means section 142 as in force immediately before the commencement of this section.
Part 17 Transitional provisions for Mineral and Energy Resources and Other Legislation Amendment Act 2020
208 Power to impose or amend condition if changed holder of lease
The power of the Minister to impose another condition on, or amend a condition of, a lease under section 74TA applies—(a)whether the lease was granted before or after the commencement; and(b)only if the change mentioned in section 74TA(1) happens after the commencement.
209 Conferences with eligible claimants or owners or occupiers started before commencement
(1)This section applies if—(a)an authorised officer asked parties to attend a conference under section 103B as in force before the commencement; and(b)immediately before the commencement the conference had not taken place.(2)The conference must take place under part 6R as in force immediately before the commencement.(3)The Common Provisions Act, chapter 3, part 8 does not apply in relation to the conference.
Part 18 Transitional provisions for Resources and Other Legislation Amendment Act 2021
210 Continuing effect of lease for renewal application
Section 45A applies in relation to a lease whether the lease was granted, or an application for the renewal of the lease was made, or the lease was renewed, before or after the commencement.
211 When renewed lease takes effect
Section 45B applies in relation to a lease whether the lease was granted, or an application for the renewal of the lease was made, or the lease was renewed, before or after the commencement.
Part 19 Transitional provisions for Mineral and Energy Resources and Other Legislation Amendment Act 2024
212 Definition for part
In this part—relevant amendment means an amendment of this Act by the Mineral and Energy Resources and Other Legislation Amendment Act 2024, section 149A or 156A.
213 Withdrawal of proposed later development plan for PL1
(1)This section applies in relation to the lease described as ‘PL1’ (the lease) granted to Bridgeport Energy Pty Limited ACN 137 446 952 (the lessee).(2)The proposed later development plan for the lease, lodged by the lessee but not approved before the commencement, is taken to be withdrawn on the commencement.(3)Any relevant fee that accompanied the lodgement of the proposed later development plan must be refunded to the lessee.(4)Despite section 53B—(a)the plan period for the previous development plan is taken to be extended to—(i)the day that is 1 year after the day of the commencement; or(ii)if before the day provided for under subparagraph (i), the Minister fixes a day—that day; and(b)the previous development plan is taken to be, and to always have been, as effective as it would have been if the plan period, as extended under paragraph (a), were stated in the previous development plan.(5)During the plan period for the previous development plan, as extended under subsection (4)(a), section 74Q(3)(b)(i) applies in relation to the lease as if the reference to ‘, but no more than 100,’ were omitted.(6)In this section—previous development plan means the development plan for the lease approved, under part 6, division 2, on 11 February 2016.
214 No compensation payable by the State
(1)No compensation is payable by the State to any person for or in connection with the enactment or operation of a relevant amendment or anything done to carry out or give effect to a relevant amendment.(2)This section applies despite any other Act or law.
215 Transitional regulation-making power
(1)A regulation (a transitional regulation) may make provision about a matter for which—(a)it is necessary to make provision to allow or facilitate the doing of anything to achieve the transition—(i)from the operation of this Act as in force before the commencement of a relevant amendment; and(ii)to the operation of this Act as in force after the commencement of the relevant amendment; and(b)this Act does not provide or sufficiently provide.(2)A transitional regulation may have retrospective operation to a day not earlier than the day the relevant amendment commences.(3)A transitional regulation must declare it is a transitional regulation.(4)This section and any transitional regulation expire on the day that is 3 years after the day this section commences.
Schedule Decisions subject to appeal
section 104(1)
Section reference | Description of decision |
Authorities to prospect | |
25E | refusal to approve proposed later work program |
25J | refusal to approve amendment to work program |
25O | refusal of renewal application |
Leases | |
53E | refusal to approve proposed later development plan |
53F | deferral of approval of later development plan |
Water monitoring authorities | |
75WN | decision to refuse amendment of water monitoring authority or to grant water monitoring authority subject to the applicant’s written agreement to the Minister amending the authority in a stated way that the Minister considers appropriate |
Common provisions | |
78CL | decision about whether proposed provision for safety management system is reasonable |
78E | decision to require security |
78F | decision to require additional security |
80T | decision to take noncompliance action |
101(2) | decision to take action to ensure compliance with a requirement under this Act of a 1923 Act petroleum tenure holder, other than action to which the holder has agreed |
Decisions under Common Provisions Act | |
19(2) | decision to refuse to approve a prescribed dealing, or to approve a prescribed dealing with conditions |
21(2) | decision to require security |
23(3) | decision to refuse to give indicative approval, or to give indicative approval with conditions |
59(2) | imposition of condition on entry on public land, other than a condition agreed to or requested by the relevant 1923 Act petroleum tenure holder |
59(7) | variation of condition imposed on entry on public land, other than a variation agreed to or requested by the relevant 1923 Act petroleum tenure holder |
64(1) | decision to give road use direction |
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Citations
Petroleum Act 1923 (Qld)
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