Petroleum and Gas (Production and Safety) Act 2004 (Qld)

Petroleum and Gas (Production and Safety) Act 2004

An Act about exploring for, recovering and transporting by pipeline, petroleum and fuel gas and ensuring the safe and efficient carrying out of those activities, and for other purposes

Chapter 1    Preliminary

Part 1    Introduction

1   Short title

This Act may be cited as the Petroleum and Gas (Production and Safety) Act 2004.

2   Commencement

(1)Section 968, to the extent it inserts part 19, division 6, subdivisions 1 and 2 in the Mineral Resources Act commences on the date of assent.

(2)Otherwise, this Act commences on a day to be fixed by proclamation.

Part 2    Purpose and application of Act

3   Main purpose of Act

(1)The main purpose of this Act is to facilitate and regulate the carrying out of responsible petroleum activities and the development of a safe, efficient and viable petroleum and fuel gas industry, in a way that—

(a)manages the State’s petroleum resources—

(i)in a way that has regard to the need for ecologically sustainable development; and

(ii)for the benefit of all Queenslanders; and

(b)enhances knowledge of the State’s petroleum resources; and

(c)creates an effective and efficient regulatory system for the carrying out of petroleum activities and the use of petroleum and fuel gas; and

(d)encourages and maintains an appropriate level of competition in the carrying out of petroleum activities; and

(e)creates an effective and efficient regulatory system for the construction and operation of pipelines; and

(f)ensures petroleum activities are carried on in a way that minimises conflict with other land uses; and

(g)optimises coal seam gas production and coal or oil shale mining in a safe and efficient way; and

(h)appropriately compensates owners or occupiers of land; and

(i)encourages responsible land management in the carrying out of petroleum activities; and

(j)facilitates constructive consultation with people affected by activities authorised under this Act; and

(k)regulates and promotes the safety of persons in relation to operating plant.

(2)In this section—

petroleum activities means—

(a)the exploration, distillation, production, processing, refining, storage and transport of petroleum; and

(b)the distillation, production, processing, refining, storage and transport of fuel gas; and

(c)authorised activities for petroleum authorities; and

(d)other activities authorised under this Act for petroleum authorities.

3A   Other purposes of Act

(1)Other purposes of this Act are—

(a)to facilitate the operation of the Geothermal Energy Act 2010 (the Geothermal Act) and the Greenhouse Gas Storage Act 2009 (the GHG storage Act); and

(b)to facilitate and regulate, as a key authorised activity for pipeline licences, the construction and operation of pipelines for regulated hydrogen in a way that is safe, effective and efficient.

(2)The Geothermal Act is facilitated by—

(a)applying provisions of this Act about safety to particular authorised activities for geothermal tenures under that Act; and

(b)applying provisions of this Act about investigations and some of its provisions about enforcement for that Act.

(3)The GHG storage Act is facilitated by—

(a)providing for survey licences to be able to be granted for potential pipelines for GHG streams; and

(b)providing for pipeline licences to be able to granted for GHG streams; and

(c)applying provisions of this Act about safety to particular authorised activities for authorities under that Act; and

(d)applying provisions of this Act about investigations and some of its provisions about enforcement for that Act.

4   Act binds all persons

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

(2)However, the Commonwealth or a State can not be prosecuted for an offence against this Act.

5   Application of Act to coastal waters of the State

(1)This Act applies to the coastal waters of the State as if the coastal waters of the State were part of the State.

(2)However, this Act does not apply to the adjacent area under the Petroleum (Submerged Lands) Act 1982.

6   Relationship with Mineral Resources Act

(1)This section does not apply to a coal or oil shale mining tenement.

Note—

See also the Mineral Resources Act, section 3A (Relationship with petroleum legislation).

For the relationship between this Act and the Mineral Resources Act in relation to coal or oil shale mining tenements, see chapter 3 (Provisions for coal seam gas).

(2)The Mineral Resources Act does not limit or otherwise affect—

(a)the power to grant or renew a petroleum authority over land (the overlapping land) in the area of a mining tenement; or

(b)a petroleum authority already granted over land (also the overlapping land) in the area of an existing mining tenement.

(3)However—

(a)if the petroleum authority is a pipeline licence or petroleum facility licence—it is subject to section 400 or 440; and

(b)if the petroleum authority is another type of petroleum authority—it is subject to subsections (4) to (6).

(4)If the mining tenement is a mining lease (other than a transportation mining lease), an authorised activity for the petroleum authority 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; and

Note—

For other relevant provisions about lodging documents, see section 851AA.

(c)the agreement is still in force.

(5)If the mining tenement is an exploration permit, mineral development licence or transportation mining lease and the petroleum authority is an authority to prospect, an authorised activity for the petroleum authority 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.

(6)If the mining tenement is an exploration permit or a mineral development licence and the petroleum authority is a petroleum lease, an authorised activity for the mining tenement may be carried out on the overlapping land only if—

(a)the petroleum lease holder 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.

(7)In this section—

transportation mining lease means a mining lease granted under the Mineral Resources Act, section 316.

6A   Relationship with Nature Conservation Act 1992

This Act is subject to the Nature Conservation Act 1992, sections 27 and 70QA.

6B   Relationship with Geothermal Act and GHG storage Act

The relationship between this Act, the Geothermal Act and the GHG storage Act and authorities under them is provided for under—

(a)chapter 3A; and

(b)the Geothermal Act, chapter 5; and

(c)the GHG storage Act, chapter 4.

6BA    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.

6C   Declaration for Commonwealth Act

A petroleum authority is declared not to be personal property under the Personal Property Securities Act 2009 (Cwlth).

7   Act does not affect other rights or remedies

(1)Subject to sections 294, 563A and 856 and chapter 3, part 8, this Act does not affect or limit a civil right or remedy that exists apart from this Act, whether at common law or otherwise.

(2)Without limiting subsection (1), compliance with this Act does not necessarily show that a civil obligation that exists apart from this Act has been satisfied or has not been breached.

(3)In addition, a breach of an obligation under this Act does not, of itself, give rise to an action for breach of statutory duty or another civil right or remedy.

(4)This Act does not limit a court’s powers under the Penalties and Sentences Act 1992 or another law.

8   Native title

(1)This section applies for applying this Act to land where native title exists.

(2)A native title holder within the meaning of the Commonwealth Native Title Act, section 224 has the procedural and other rights that the holder has under that Act.

(3)Subsection (2) applies despite any other provision of this Act.

Part 3    Interpretation

Division 1 Dictionary

9   Definitions

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

Division 2 Key definitions

10   Meaning of petroleum

(1)Petroleum is—

(a)a substance consisting of hydrocarbons that occur naturally in the earth’s crust; or

(b)a substance necessarily extracted or produced as a by-product of extracting or producing a hydrocarbon mentioned in paragraph (a); or

(c)a fluid that—

(i)is extracted or produced from coal or oil shale by a chemical or thermal process or that is a by-product of that process; and

(ii)consists of, or includes, hydrocarbons; or

Example of a fluid that is petroleum under paragraph (c)—

mineral (f)

(d)another substance prescribed under a regulation, consisting of, or including, hydrocarbons; or

(e)a gas, that occurs naturally in the earth’s crust, as prescribed under a regulation.

(2)A substance mentioned in subsection (1)(c) is a gasification or retorting product.

(3)To remove any doubt, it is declared that petroleum does not include any of the following—

(a)alginite;

(b)coal;

(c)lignite;

(d)peat;

(e)oil shale;

(f)torbanite;

(g)water.

(4)A substance does not cease to be petroleum merely because it is injected or reinjected into a natural underground reservoir.

(5)To remove any doubt, it is declared that, for this Act and petroleum authorities under it, this section preserves, for this Act, the effect of section 150(2) and (3) of the 1923 Act.

(6)In this section—

hydrocarbon means a hydrocarbon in a gaseous, liquid, or solid state.

11   Meaning of LPG, fuel gas and hydrogen gas blend

(1)LPG, also called ‘LP gas’ and ‘liquefied petroleum gas’, is a substance that—

(a)is in a gaseous state at standard temperature and pressure; and

(b)is predominately propane, propylene or butane; and

(c)has been processed to be suitable for use by consumers.

(2)Fuel gas is—

(a)LPG; or

(b)processed natural gas; or

(c)hydrogen, or a hydrogen gas blend, used or intended to be used as a fuel to produce heat, light or power; or

(d)another substance prescribed by regulation that is similar to LPG or processed natural gas.

(3)A hydrogen gas blend is processed natural gas and hydrogen that have been blended together.

(4)In this section—

processed natural gas means a substance that—

(a)is in a gaseous state at standard temperature and pressure; and

(b)consists of hydrocarbons that occur naturally and other substances; and

(c)is more than half, by volume, methane; and

(d)has been processed to be suitable for use by consumers of fuel gas.

standard temperature and pressure means an absolute pressure of 101.325kPa at a temperature of 15ºC.

11A   Meaning of regulated hydrogen

Regulated hydrogen is—

(a)hydrogen; or

(b)a hydrogen gas blend; or

(c)another substance prescribed by regulation that is involved in, or produced for, a process related to the storage or transport of hydrogen.

12   What is a prescribed storage gas

A prescribed storage gas is any of the following—

(a)a gas associated with, or that results from, petroleum production;

Example—

fuel gas produced at a processing plant

(b)another gas prescribed under a regulation as being suitable for storage in a natural underground reservoir.

Example of gases suitable for storage in a natural underground reservoir—

gases produced from a waste disposal tip

13   What is a natural underground reservoir

(1)A natural underground reservoir is a part of a geological formation or structure—

(a)in which petroleum or another gas prescribed under a regulation has accumulated; or

(b)that is suitable to store petroleum or a prescribed storage gas.

(2)A geological formation or structure mentioned in subsection (1) does not cease to be a natural underground reservoir merely because it has been modified for petroleum production or storage or to store a prescribed storage gas.

(3)In this section—

geological formation includes a coal seam.

14   What is exploring for petroleum

Exploring, for petroleum, is carrying out an activity for the purpose of finding petroleum or natural underground reservoirs.

Examples—

•conducting a geochemical, geological or geophysical survey

•drilling a well

•carrying out testing in relation to a well

•taking a sample for chemical or other analysis

15   When petroleum is produced

(1)Petroleum is produced when it is—

(a)recovered to ground level from a natural underground reservoir in which it has been contained; or

(b)released to ground level from a natural underground reservoir from which it is extracted.

(2)If, under the Mineral Resources Act a coal or oil shale mining lease holder mines coal seam gas, for this Act, the lease holder produces it.

15A   What is produced water

(1)Produced water is—

(a)CSG water; or

(b)associated water for a petroleum tenure.

(2)A reference to produced water includes—

(a)treated and untreated CSG water; and

(b)concentrated saline water produced during the treatment of CSG water.

16   What is a pipeline

(1)A pipeline is a pipe, or system of pipes, for transporting—

(a)generally—petroleum, fuel gas, produced water, prescribed storage gases or regulated hydrogen; and

(b)GHG streams; and

(c)substances prescribed under section 402.

Note—

There is no automatic right to use a pipeline for a substance mentioned in paragraph (b) or (c). A condition of a pipeline licence may extend the licence holder’s rights to include those substances. See sections 401 and 402.

(2)A reference to a pipeline includes—

(a)a part of the pipeline, including the pipeline’s end points; and

(b)a thing connected to or associated with the pipeline that is necessary for its operation.

Examples of things that may be included in a reference to a pipeline—

•meter stations, scraper stations, valve stations, pumping stations or compressor stations

•plant and equipment, machinery and tanks

•corrosion protection apparatus

•communications equipment and towers

(3)A pipeline’s end points are—

(a)if the pipeline has not operated for the first time—the points at which a substance mentioned in subsection (1) will enter or exit the pipeline on the day the pipeline first operates; or

(b)otherwise—the points at which the substance enters or exits the pipeline.

16A   What is a distribution pipeline

(1)A distribution pipeline is—

(a)a pipeline that transports fuel gas as part of a reticulation system within a gas market; or

(b)a single point-to-point pipeline that transports fuel gas to—

(i)a place other than a major user facility; or

(ii)another single point-to-point pipeline that transports fuel gas to a place other than a major user facility.

(2)However, a pipeline is not a distribution pipeline if it transports fuel gas to a pipeline mentioned in subsection (1)(a) or (b)(ii).

(3)In this section—

major user facility means—

(a)a facility within the area of a resource authority; or

(b)a facility operated as a place of export for fuel gas, including, for example, a port; or

(c)a facility operated for the liquefaction of fuel gas before it is transported to a facility mentioned in paragraph (b); or

(d)a facility that produces non-organic fertiliser; or

(e)a petroleum facility; or

(f)a power station; or

(g)a smelter.

point-to-point pipeline means a pipeline from a particular point or points to another particular point or points.

17   What is a petroleum facility

A petroleum facility is a facility for the distillation, processing, refining, storage or transport of petroleum, other than a distribution pipeline.

Examples of things that may be a petroleum facility—

•a storage depot

•a meter station

•a petroleum processing plant

•an oil refinery

•an LPG separation plant

18   Types of authority under Act

(1)The following are the types of authority under this Act—

(a)an authority to prospect—

(i)granted under section 41; or

(ii)continued in force under section 83 or 119; or

(iii)renewed under section 84;

(b)a petroleum lease—

(i)granted under section 120, 132, 340 or 356 or chapter 15; or

(ii)continued in force under section 163; or

(iii)renewed under section 164;

(c)a data acquisition authority, granted under section 178;

(d)a water monitoring authority granted under section 192;

(e)a survey licence granted under section 396;

(f)a pipeline licence—

(i)granted under section 410; or

(ii)continued in force under section 481; or

(iii)renewed under section 482;

(g)a petroleum facility licence—

(i)granted under section 446; or

(ii)continued in force under section 481; or

(iii)renewed under section 482;

(h)a gas work licence granted under chapter 9, part 6, division 3, subdivision 1;

(i)a gas work authorisation granted under chapter 9, part 6, division 3, subdivision 1;

(j)a gas device approval authority granted under chapter 9, part 6A, division 2.

(2)The authorities, other than a gas work licence, gas work authorisation or gas device approval authority, are collectively referred to as a petroleum authority.

(3)Authorities to prospect and petroleum leases are collectively referred to as a petroleum tenure.

(4)Survey licences, pipeline licences and petroleum facility licences are collectively referred to as a licence.

19   Who is an eligible person

An eligible person is—

(a)an adult; or

(b)a company or a registered body under the Corporations Act; or

(c)a government owned corporation.

20   What are the conditions of a petroleum authority

(1)The conditions of a petroleum authority are—

(a)the conditions stated in it from time to time; and

(b)the authority holder’s obligations under chapters 2 to 5; and

(c)any condition of the authority under chapters 2 to 5; and

(d)a condition that an authority holder must ensure each person acting for the holder who carries out an authorised activity for the authority 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 the holder, see section 563.

(2)A condition mentioned in subsection (1)(b) or (c) is a mandatory condition of the authority.

Note—

If a Coordinator-General’s condition applies to a petroleum lease, pipeline licence or petroleum facility licence, or proposed petroleum lease, pipeline licence or petroleum facility licence, for a coordinated project, and the condition conflicts with a mandatory condition for that type of petroleum authority, the Coordinator-General’s condition prevails to the extent of the inconsistency. See sections 123A, 412A and 447A.

21   What are the provisions of a petroleum authority

(1)A reference in this Act to an authority under this Act includes a reference to its provisions.

(2)A reference in this Act to the provisions of the authority is a reference to its mandatory or other conditions and any thing written in it.

22   What is an authorised activity

(1)An authorised activity, for a petroleum authority, is an activity that its holder is, under this Act or the authority, entitled to carry out in relation to the authority.

Notes—

1The provisions of the authority may restrict the carrying out of authorised activities. See sections 42, 85, 123, 165, 178, 396, 412, 447, 484 and 790(3).

2The carrying out of authorised activities is subject to the restrictions and the authority holder’s rights and obligations under chapters 2 to 5. See section 562.

3The carrying out of particular activities on particular land in a petroleum authority’s area may not be authorised following the taking of the land under a resumption law. See section 30AB.

4For who may carry out an authorised activity for a petroleum authority holder, see section 563.

(2)An 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 or exercise in relation to the tenement.

(3)An 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.

(4)An 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.

23   What is a work program for an authority to prospect

(1)The work program for an authority to prospect is its current initial or later work program approved under chapter 2, part 1, division 3, as amended from time to time under chapter 2, part 1, division 3, subdivision 6.

(2)For subsection (1), the work program is current if the period to which the program applies has started and not ended.

24   What is a development plan for a petroleum lease

(1)The development plan for a petroleum lease is its current initial or later development plan approved under chapter 2, part 2, division 4.

(2)For subsection (1), the development plan is current if the period to which the plan applies has started and has not ended.

Division 3 [Repealed]

24A   [Repealed]

25   [Repealed]

Part 4    Property in petroleum

26   Petroleum the property of the State

(1)This section is subject to section 28 and chapter 2, part 6, division 3.

(2)All petroleum as follows is, and always has been, the property of the State—

(a)petroleum on the surface of land, if it was produced in the State;

(b)petroleum in a natural underground reservoir in the State, other than petroleum in the reservoir produced outside the State and injected or reinjected into the reservoir.

(3)To remove any doubt, it is declared that—

(a)a person does not acquire any property in petroleum merely because the person discovers petroleum in a natural underground reservoir; and

(b)subsection (2)(a) applies whether or not the land is freehold or other land; and

(c)subsection (2)(b) applies whether or not the natural underground reservoir is in or under freehold or other land.

(4)This section applies despite any other Act, grant, title or other document in force from the commencement of this section.

(5)In this section—

the State does not include any of the adjacent area under the Petroleum (Submerged Lands) Act 1982.

27   Petroleum reservation in land grants

(1)This section applies to each grant under another Act, other than the 1923 Act, of a right—

(a)relating to land that, immediately before the grant, was unallocated State land as defined under the Land Act 1994; and

(b)that is, or was, issued on or after the commencement of the 1923 Act.

Note—

The 1923 Act commenced on 12 November 1923.

(2)The grant is taken to contain a reservation to the State of—

(a)all petroleum on or below the surface of the land; and

(b)the exclusive right to do the following in relation to the land—

(i)to enter and carry out any petroleum-related activity;

(ii)to authorise, under the provisions of this Act or another Act, others to carry out any petroleum-related activity;

(iii)to regulate, under the provisions of this Act or another Act, petroleum-related activities carried out by others.

(3)In this section—

grant, of a right, includes an authority, lease, licence, permit or other instrument of tenure, however called.

petroleum-related activity means any activity that may be carried out under this Act by the holder of any petroleum authority.

28   Property in petroleum produced

(1)If a person produces petroleum, it becomes the person’s property—

(a)if the petroleum is produced under this Act; or

(b)for coal seam gas—if it is mined under the Mineral Resources Act, section 318CM or 747.

(2)However, subsection (1) is subject to—

(a)any coordination arrangement or storage agreement to which the person is a party; and

(b)any order of the Land Court under section 116; and

(c)chapter 2, part 6, division 3.

(3)Subsection (1) does not cease to apply merely because the petroleum is injected or reinjected into a natural underground reservoir.

Part 5    General provisions for petroleum authorities

29   [Repealed]

30   Petroleum authority does not create an interest in land

The granting of a petroleum authority does not create an interest in any land.

30AA   Extinguishing petroleum interests on the taking of land in a petroleum authority’s area (other than by an easement)

(1)This section applies to the taking of land, other than by taking or otherwise creating an easement, under a resumption law.

(2)Despite any other Act, the taking of land does not extinguish petroleum interests other than to the extent, if any, provided for in the resumption notice for the taking of the land.

(3)The resumption notice for the taking of land may provide for the extinguishment of a petroleum interest on the taking only to the extent the relevant Minister for the taking is satisfied the interest is incompatible with the purpose for which the land is taken.

(4)Without limiting the application of subsection (3), the relevant Minister may be satisfied a petroleum interest is incompatible with the purpose for which the land is taken if, for that purpose, it is necessary to extinguish all interests in the land, including native title rights and interests.

(5)A petroleum interest may be—

(a)wholly extinguished; or

(b)partially extinguished by—

(i)excluding land from the land the subject of the interest; or

(ii)prohibiting the carrying out of activities by the holder of the interest.

(6)The resumption notice for the taking of land may provide for the extinguishment of petroleum interests by reference to either or both of the following—

(a)stated land, which—

(i)may be all or part of the land that is taken; and

(ii)if the stated land is only part of the land that is taken—may be described in the resumption notice in any way, including, for example—

(A)as a shape that does not constitute a block or sub-block; or

(B)by using 3 dimensionally located points to identify the position, shape and dimensions of each boundary;

(b)stated petroleum interests, which may be all petroleum interests or petroleum interests of a particular type.

(7)For the taking of land for which petroleum interests are extinguished as provided by this section—

(a)each person’s interest in an extinguished petroleum interest is converted into a right to claim compensation under the resumption law; and

(b)the resumption law applies with necessary and convenient changes and with the changes mentioned in subsections (8) and (9) and section 30AD.

(8)The notice of intention to resume for the proposed taking of the land must state the extent to which the petroleum interests are proposed to be extinguished.

(9)The entity taking the land must give the chief executive a notice that—

(a)states the details of the extinguishment; and

(b)asks for the extinguishment to be recorded in the register; and

(c)is accompanied by a certified copy of the resumption notice.

(10)In this section—

certified copy, of the resumption notice, means a copy of the original of the notice that has been certified by a justice of the peace as being a correct copy of the original notice.

relevant Minister, 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 Minister to whom the application that the land be taken is made under section 9 of that Act; or

(b)otherwise—the Minister administering the resumption law under which the land is, or is to be, taken.

30AB   Effect of extinguishment of petroleum interests on the taking of land in a petroleum authority’s area (other than by an easement)

(1)This section applies if, under section 30AA, the resumption notice for the taking of land (other than by taking or otherwise creating an easement) under a resumption law provides for the extinguishment of petroleum interests for stated land.

(2)If the resumption notice states that all petroleum interests relating to the stated land are extinguished and a petroleum interest relates only to the stated land, the interest is wholly extinguished.

(3)If the resumption notice states that all petroleum interests relating to the stated land are extinguished and a petroleum interest relates to the stated land and other land—

(a)the stated land is no longer the subject of the interest; and

(b)without limiting paragraph (a)—

(i)the stated land is excluded from the area of the petroleum authority comprising the interest, or under or in relation to which the interest exists; and

(ii)this Act applies, in relation to the area of the petroleum authority, with necessary and convenient changes to allow for the exclusion of the stated land, including, for example—

(A)to allow the area to include a part of a block or sub-block if the part is what is left after the stated land is excluded from the area; and

(B)if the stated land, or a part of it, is within a potential commercial area for an authority to prospect—to exclude the stated land or part from the potential commercial area.

(4)If the resumption notice states that the carrying out of stated activities on the stated land by holders of stated petroleum interests is prohibited, the holder of a stated petroleum interest is not, or is no longer, authorised to carry out the stated activities on the stated land.

(5)However, subsections (3) and (4) do not apply in relation to a petroleum interest that comprises, or exists under or in relation to, a new or renewed petroleum authority granted after the land is taken.

30AC   Applications relating to land taken under a resumption law for which petroleum interests were extinguished

(1)The Minister may, under a grant provision, grant a petroleum authority for an area that includes acquired land only if the Minister, after consulting the entity that took the land, is satisfied the grant of the authority is compatible with the purpose for which the land is being or is to be used.

(2)If there are 2 or more applications under this Act for the grant, under a grant provision, of a new petroleum authority for an area that includes the same acquired land, the applications are to be dealt with as follows—

(a)the applications must be considered and decided according to the day on which they are lodged;

(b)if the applications were lodged on the same day—

(i)they take the priority the Minister decides, after considering the relative merits of each application; and

(ii)the Minister must give each applicant a notice stating there is competition for priority between the applicant’s application and another application, or other applications, lodged on the same day as the day on which the applicant’s application was lodged.

(3)If a grant provision provides for the grant of a new petroleum authority (the new authority) over land in the area of an existing petroleum authority or 1923 Act ATP (the existing authority)—

(a)the application under this Act for the new authority may include acquired land that was, immediately before the taking of the land, in the existing authority’s area; and

(b)subject to subsections (1) and (2), the Minister may grant a new authority for an area that includes the acquired land as if the acquired land were in the existing authority’s area.

(4)To remove any doubt, it is declared that this section does not affect the operation of the provisions of this Act about the application for, and grant of, a new petroleum authority other than to the extent provided for in subsections (1) to (3).

(5)In this section—

grant provision means a provision of this Act providing for the grant of a new petroleum authority.

new petroleum authority includes a renewed petroleum authority.

30AD   Compensation for effect of taking of land in a petroleum authority’s area on petroleum interests

(1)This section applies if land in a petroleum authority’s area is taken (including by taking or otherwise creating an easement) under a resumption law other than sections 456 to 458 of this Act.

(2)In assessing any compensation to be paid to the holder of a petroleum interest in relation to the taking of the land, allowance can not be made for the value of petroleum known or supposed to be in, or produced from, the land.

Note—

See section 458(3) in relation to land in a petroleum authority’s area taken under sections 456 to 458 of this Act.

30A   Joint holders of a petroleum authority

(1)A petroleum authority may be held by 2 or more persons as joint tenants or as tenants in common.

(2)If—

(a)an application is made for a petroleum authority, or for approval to register a transfer of a petroleum authority under the Common Provisions Act, for more than 1 proposed holder or transferee; and

(b)the application does not show whether the proposed holders or transferees are to hold as joint tenants or as tenants in common; and

(c)the application is granted;

the chief executive must record in the register that the applicants hold the authority as tenants in common.

(3)In this section—

petroleum authority includes a share in a petroleum authority.

Chapter 2    Petroleum tenures and related matters

Notes—

1For the requirement for a petroleum tenure, see section 800.

2Chapters 3 and 3A impose requirements for and restrictions on the granting of and restrictions on authorised activities that may be carried out under particular petroleum tenures. See sections 297 and 392AA.

Part 1    Authorities to prospect

Division 1 Key authorised activities

31   Operation of div 1

(1)This division provides for the key authorised activities for an authority to prospect.

Notes—

1For other authorised activities, see chapter 2, part 4, chapter 5, part 8 and the Common Provisions Act, chapter 3, part 2.

2The carrying out of particular activities on particular land in an authority to prospect’s area may not be authorised following the taking of the land under a resumption law. See section 30AB.

(2)The authorised activities may be carried out despite the rights of an owner or occupier of land on which they are exercised.

(3)However, the carrying out of the authorised activities is subject to—

(a)section 6; and

(b)chapter 3, part 4, division 2; and

(c)chapter 3, part 4A; and

(d)chapter 3A, part 5; and

(e)chapters 5 and 9; and

(f)the mandatory and other conditions of the authority; and

(g)any exclusion or restriction provided for in the authority on the carrying out of the activities; and

(h)any other relevant Act or law.

32   Exploration and testing

(1)The authority to prospect holder may carry out any of the following activities in the area of the authority—

(a)exploring for petroleum;

(b)testing for petroleum production;

(c)evaluating the feasibility of petroleum production;

(d)evaluating or testing natural underground reservoirs for the storage of petroleum or a prescribed storage gas;

(e)plugging and abandoning, or otherwise remediating, a bore or well the holder reasonably believes is a legacy borehole and rehabilitating the surrounding area in compliance with the requirements prescribed under a regulation.

(2)However, the holder must not carry out any of the following—

(a)extraction or production of a gasification or retorting product from coal or oil shale by a chemical or thermal process;

(b)exploration for coal or oil shale to carry out extraction or production mentioned in paragraph (a);

(c)GHG stream storage;

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

(3)The carrying out of activities mentioned in subsection (1), other than exploring for petroleum, is subject to sections 71A and 71B.

(4)The rights under subsection (1) may be exercised only by or for the holder.

Note—

For who may exercise the rights for the holder, see section 563.

33   Incidental activities

(1)The authority to prospect holder may carry out an activity (an incidental activity) in the area of the authority if carrying out the activity is reasonably necessary for, or incidental to, an authorised activity under section 32(1) for the authority or another authority to prospect.

Examples of incidental activities—

1constructing or operating plant or works, including, for example, communication systems, pipelines associated with petroleum testing, powerlines, roads, separation plants, evaporation or storage ponds, tanks and water pipelines

2constructing or using temporary structures or structures of an industrial or technical nature, including, for example, mobile and temporary camps

3removing vegetation for, or for the safety of, exploration or testing under section 32(1)

Note—

See also part 10, section 239, chapter 5 and section 20.

(2)However, neither of the following activities is an incidental activity—

(a)constructing or using a structure, other than a temporary structure, for office or residential accommodation;

Note—

For development generally, see the Planning Act 2016, chapter 3.

(b)the processing of gaseous petroleum, other than gaseous petroleum produced as an unavoidable result of ATP production testing.

(3)In this section—

gaseous petroleum means petroleum in a gaseous state.

processing, of gaseous petroleum, means treating the petroleum to be suitable for transport.

Division 2 Obtaining authority to prospect

Subdivision 1 Preliminary

34   Operation of div 2

(1)This division provides for a process for the granting of authorities to prospect by competitive tender.

(2)To remove any doubt, it is declared that an authority to prospect can only be granted under this division or division 8, subdivision 2.

Subdivision 2 Competitive tenders

35   Call for tenders

(1)The Minister may publish a gazette notice (a call for tenders) inviting tenders for an authority to prospect.

(2)The call must state—

(a)the proposed area of the authority; and

(b)the proposed term of the authority; and

(c)that, under section 99, particular land may be excluded land for the authority; and

(d)that the tenders must be accompanied by a proposed initial work program for the period mentioned in paragraph (h)(ii); and

(e)whether the proposed initial work program under paragraph (d) must be a proposed work program (activities-based) or a proposed work program (outcomes-based); and

(f)the day and time by which tenders in response to it must be made (the closing time for the call); and

(g)that the tenders must be lodged before the closing time for the call; and

(h)that details about each of the following are available at a stated place—

(i)any proposed conditions of the authority, other than mandatory conditions, that are likely to impact significantly on exploration in the proposed area;

(ii)the required program period for the initial work program for the authority;

(iii)any criteria (special criteria), other than the work program criteria and capability criteria, proposed to be used to decide whether to grant the authority, or to decide its provisions;

(iv)whether a process for appointing a preferred tenderer involving a cash bid component is to be used for deciding the call;

(v)if any part of the proposed area of the authority is to be subject to an Australian market supply condition—the part of the proposed area and the condition.

(3)The call may state other relevant matters, including, for example, matters relevant to the special criteria, work program criteria and capability criteria.

(4)The area of the authority must comply with section 98.

(5)Subsection (2)(h)(i) does not limit the Minister’s power to decide conditions of the authority if it is granted.

36   Right to tender

(1)An eligible person may, by a tender made under section 37, tender for a proposed authority to prospect the subject of a call for tenders.

(2)However, the tender can not be made—

(a)after the closing time for the call; or

(b)for only part of the area of the proposed authority.

37   Requirements for making tender

A tender for an authority to prospect must—

(a)be lodged in the approved form; and

(b)address the capability criteria; and

(c)include a proposed work program that complies with the initial work program requirements; and

(d)be accompanied by the following—

(i)the fee prescribed under a regulation;

(ii)if a process for appointing a preferred tenderer involving a cash bid component is to be used for deciding the call—the tenderer’s cash bid.

37A    Rejection of tender if tenderer disqualified

(1)The Minister must reject a tender for an authority to prospect if the Minister decides the tenderer is disqualified under the Common Provisions Act, chapter 7 from being granted the authority to prospect.

(2)On rejection of the tender, the Minister must give the tenderer a notice about the decision.

38   Right to terminate call for tenders

(1)The Minister may, by gazette notice, terminate a call for tenders at any time before deciding to grant an authority to prospect to a person who has made a tender in response to the call.

(2)All tenders in response to the call lapse when the call is terminated.

(3)No amount, whether by way of compensation, reimbursement or otherwise is payable by the State to any person for or in connection with the termination.

(4)However, subject to sections 40(4) and 845(5), the Minister must refund any tender security given by the tenderer.

Subdivision 3 Deciding tenders

39   Process for deciding tenders

(1)Subject to section 43, any process the Minister considers appropriate may be used to decide a call for tenders, including, for example—

(a)a process appointing a preferred tenderer on the tenders made in response to the call (whether or not involving a cash bid component); or

(b)a process involving short-listing a group of possible preferred tenderers and inviting them to engage in another round of tendering before appointing a preferred tenderer from that group.

(2)Without limiting subsection (1), the Minister may give a tenderer a notice requiring the tenderer to give the Minister, within the reasonable period stated in the notice, information the Minister reasonably requires to assess the tender.

40   Provisions for preferred tenderers

(1)The Minister may require a preferred tenderer for the call for tenders to—

(a)pay any amounts necessarily incurred, or to be incurred, to enable the authority to prospect to be granted; and

Example—

amounts required to comply with the Commonwealth Native Title Act, part 2, division 3, subdivision P

(b)to do all or any of the following within a stated reasonable period—

(i)pay the annual rent for the first year of the authority;

(ii)give, under section 488, security for the authority.

(2)If a preferred tenderer does not—

(a)comply with a requirement under subsection (1); or

(b)do all things reasonably necessary to allow an authority to prospect to be granted to the tenderer;

the Minister may revoke the tenderer’s appointment as the preferred tenderer.

(3)However, before acting under subsection (2), the Minister must give the preferred tenderer a reasonable opportunity to provide reasons for, and rectify, the tenderer’s failure to comply with a requirement under subsection (1) or (2)(b).

(4)If the Minister revokes the appointment of the tenderer as the preferred tenderer under this section, the Minister may—

(a)retain the whole or part of any tender security given by the tenderer, if the Minister considers it reasonable in the circumstances; and

(b)appoint another tenderer to be the preferred tenderer.

41   Deciding whether to grant authority to prospect

(1)The Minister may, after the closing time for the call for tenders—

(a)grant an authority to prospect to 1 tenderer; or

(b)refuse to grant any authority to prospect.

(2)However—

(a)before deciding to grant the authority, the Minister must decide whether to approve the applicant’s proposed initial work program for the authority; and

(b)the Minister can not grant the authority unless—

(i)the tenderer is an eligible person; and

(ii)the proposed program has been approved; and

(iii)a relevant environmental authority for the authority to prospect has been issued.

Note—

If a tender relates to acquired land, see also section 30AC.

(3)The Minister may impose on the authority the conditions the Minister considers appropriate.

(4)Subsection (3) does not limit or otherwise affect section 42(3)(a) or (3A).

42   Provisions of authority to prospect

(1)Each authority to prospect must state its term and area.

(2)The term—

(a)must be for at least the required program period for the initial work program for the authority under the call for tenders; but

(b)must end no later than 12 years after the authority takes effect.

(3)The authority may also state—

(a)conditions or other provisions of the authority, other than conditions or provisions that are—

(i)inconsistent with the mandatory conditions for authorities to prospect; or

(ii)the same as, or substantially the same as, or inconsistent with, any relevant environmental condition for the authority; and

(b)the day it takes effect.

(3A)The conditions of the authority may include an Australian market supply condition applying to all or part of the area of the authority.

(4)However, the provisions of the authority may exclude or restrict the carrying out of an authorised activity for the authority.

(5)The day of effect must not be before the day the authority is granted.

(6)If no day of effect is stated, the authority takes effect on the day it is granted.

42A   Amendment of conditions by Minister if exceptional event

(1)This section applies if the Minister considers the conditions of an authority to prospect must be amended because of an exceptional event affecting the authority.

(2)The Minister may amend the authority by imposing a condition on, or varying or removing a condition of, the authority without application from the holder.

(3)The amendment takes effect 10 business days after the holder is given the notice or, if the notice states a later day of effect, the later day.

(4)This section does not limit section 41(3).

43   Criteria for decisions

(1)The matters that must be considered in deciding whether to grant an authority to prospect or deciding its provisions include—

(a)any special criteria; and

(b)the extent to which the Minister is of the opinion that the tenderer is capable of carrying out authorised activities for the authority, having regard to the tenderer’s—

(i)financial and technical resources; and

(ii)ability to manage petroleum exploration and production; and

(c)the applicant’s proposed initial work program.

(2)The matters mentioned in subsection (1)(b) are the capability criteria.

(3)A person satisfies the capability criteria if the Minister forms the opinion mentioned in subsection (1)(b).

44   Notice to unsuccessful tenderers

(1)After a call for tenders has been decided, each tenderer not granted the authority to prospect must be given notice of the decision.

Note—

See also the Judicial Review Act 1991, section 32 (Request for statement of reasons).

(2)Subject to sections 40(4) and 845(5), the Minister must refund any tender security given by the tenderer.

Division 3 Work programs

Subdivision 1 Types of work program

45   Types of work program for authority to prospect

(1)A work program for an authority to prospect is—

(a)a work program (activities-based); or

(b)a work program (outcomes-based).

(2)A work program (activities-based) for an authority to prospect is a document stating—

(a)the activities proposed to be carried out during the period of the program; and

(b)the estimated human, technical and financial resources proposed to be committed to exploration during the period of the program.

(3)A work program (outcomes-based) for an authority to prospect is a document stating—

(a)the outcomes proposed to be pursued during the period of the program; and

(b)the strategy for pursuing the outcomes mentioned in paragraph (a); and

(c)the information and data proposed to be collected about the existence of petroleum or gas during the period of the program; and

(d)the estimated human, technical and financial resources proposed to be committed to exploration during the period of the program.

Subdivision 2 Requirements for proposed initial work programs

46   Operation of subdivision

This subdivision provides for requirements (the initial work program requirements) for a proposed initial work program for a proposed authority to prospect.

47   Program period

(1)The proposed initial work program must state its period.

(2)The period must be the same as the required period under the relevant call for tenders.

48   General requirements

(1)The proposed initial work program must be of the type required under section 35(2)(e).

(2)The proposed initial work program must include—

(a)maps that show where the exploration under the proposed authority to prospect is proposed to be carried out; and

(b)reasons why the holder of the proposed authority to prospect considers the program to be appropriate; and

(c)any other information relevant to the work program criteria; and

(d)any other information prescribed by regulation.

Subdivision 3 Criteria for deciding whether to approve proposed initial work programs

49   Criteria

(1)The matters that must be considered in deciding whether to approve a proposed initial work program include the appropriateness of the tenderer’s proposed work program, having regard to each of the following—

(a)the potential of the proposed area of the authority to prospect for petroleum discovery;

(b)the extent and nature of the proposed petroleum exploration;

Examples—

•proposed geological, geophysical or geochemical surveying

•the number of petroleum wells the tenderer proposes to drill, and their type

(c)when and where the tenderer proposes to carry out the exploration.

(2)The matters mentioned in subsection (1) are the work program criteria.

Subdivision 4 Requirements for proposed later work programs

50   Operation of sdiv 4

This subdivision provides for requirements (the later work program requirements) for a proposed later work program for an authority to prospect.

Note—

For the requirements to lodge a proposed later work program, see sections 79 (Obligation to lodge proposed later work program), 100 (Minister may add excluded land), 104 (Requirements for making application) and 790 (Types of noncompliance action that may be taken).

51   General requirements

(1)The proposed later work program for an authority to prospect may be a work program (activities-based) or work program (outcomes-based).

(2)The proposed later work program must state—

(a)the extent to which the current work program for the authority to prospect has been complied with; and

(b)if there have been any amendments to the authority to prospect or the current work program—

(i)whether the changes have been incorporated in the proposed later work program; and

(ii)any effect the changes have on the proposed later work program; and

(c)the effect of any petroleum discovery on the proposed later work program.

(3)The proposed later work program must include—

(a)maps that show where the exploration under the authority to prospect is proposed to be carried out; and

(b)reasons why the holder of the authority to prospect considers the program to be appropriate; and

(c)any other information prescribed by regulation.

52   Program period

(1)The proposed later work program must state its period.

(2)The period must not be longer than—

(a)if the term of the rest, or the renewed term, of the authority is less than 6 years—the rest of its term or renewed term; or

(b)if the term of the rest, or the renewed term, of the authority is 6 years or more, the following—

(i)generally—6 years from the start of the period;

(ii)if the Minister approves a longer period—the longer period.

(3)However, the Minister can not approve a period longer than the rest of the term or renewed term of the authority.

53   Implementation of evaluation program for potential commercial area

If, under section 91, an evaluation program is taken to be an additional part of the existing work program for the authority to prospect, the proposed later work program must include work necessary to implement the evaluation program for the period of that program.

54   Later work programs for proposed new authorities

Proposed later work programs for an application under division 8, subdivision 2, to divide an authority to prospect must have a combined effect that is at least the effect of the work program for the original authority.

Subdivision 5 Approval of proposed later work programs

55   Application of sdiv 5

This subdivision applies if, under this Act, a proposed later work program is lodged for approval.

55A   Modified application of ch 14, pt 1

Chapter 14, part 1 applies in relation to the lodgement by an authority to prospect holder of a proposed later work program as if—

(a)the lodgement of the proposed program were the making of an application by the holder; and

(b)the later work program requirements for the proposed program were the requirements under chapter 14, part 1 for making the application.

56   Authority taken to have work program until decision on whether to approve proposed later work program

(1)This section applies until—

(a)if the proposed later work program is approved—the holder is given notice of the approval; or

(b)if approval of the proposed later work program is refused—when the refusal takes effect.

(2)Despite the ending of the program period for the current work program for the authority to prospect—

(a)the authority is taken to have a work program; and

(b)the holder may carry out any authorised activity for the authority.

57   Deciding whether to approve proposed later work program

(1)The Minister may approve or refuse to approve the proposed later work program.

(2)The matters that must be considered in deciding whether to approve the proposed later work program include each of the following—

(a)the work program criteria and capability criteria and any special criteria that applied for deciding the application for the authority to prospect;

(b)the extent to which the current work program has been complied with;

(c)any amendments made to the authority or its current work program, and the reasons for the changes;

(d)any commercial viability report or independent viability assessment for the authority.

(3)Also, if the authority was granted in response to a tender, any other work program proposed by other tenderers for the authority must be taken into account.

(4)However, subsection (3) applies only to the extent the other program includes the period of the proposed plan.

58   Steps after, and taking effect of, decision

(1)On approval of the proposed later work program, the holder must be given notice of the approval.

(2)On refusal to approve the later work program, the holder must be given an information notice about the decision to refuse.

(3)An approval takes effect when the holder is given the notice or, if the notice states a later day of effect, on that later day.

(4)A refusal does not take effect until the end of the appeal period for the refusal.

Subdivision 6 Amending work programs

59   Restrictions on amending work program

(1)An authority to prospect holder may amend the work program for the authority only if—

(a)an application for approval of the amendment has been made under this subdivision and the amendment has been approved under this subdivision; and

Note—

See also section 91 (Inclusion of evaluation program in work program).

(b)if the amendment is to extend the period of the work program—the requirements under subsection (2) or (3) have been complied with.

(2)For subsection (1)(b), the requirements for an amendment to extend the period of an approved initial work program for an authority to prospect are—

(a)the period of the approved initial work program has not previously been extended; and

(b)either—

(i)the Minister is satisfied the amendment is needed for a reason beyond the holder’s control; or

(ii)within 3 months before the making of the application, the authority to prospect has been transferred within the meaning of subsection (4).

(3)For subsection (1)(b), the requirements for an amendment to extend the period of an approved later work program for an authority to prospect are—

(a)the period of the approved later work program, and any earlier approved work program for the authority, has not previously been extended; and

(b)within 3 months before the making of the application, the authority to prospect has been transferred within the meaning of subsection (4).

(4)For subsection (2) and (3), an authority to prospect is transferred only if—

(a)a person (the designated person) became a holder of the authority as a result of—

(i)an application having been made, under the Common Provisions Act, for approval of a transfer of a share in the authority; and

(ii)approval to register the transfer having been given under that Act; and

(b)the share, or proposed share, of the designated person in the authority is at least 50%; and

(c)the designated person is not, under the Corporations Act, section 64B, an entity connected with another person who is a holder of the authority.

(5)An amendment under this section to extend the period of a work program may be granted only if the extended period ends no later than—

(a)1 year after the current period of the work program; or

(b)12 years after the authority originally took effect.

60   Applying for approval to amend

(1)An authority to prospect holder may apply for approval to amend the work program for the authority.

Note—

For other relevant provisions about applications, see chapter 14, part 1 and section 851AA.

(2)However, the application can not be made less than 20 business days before the end of the period stated in the work program for carrying out work under the program.

(3)Subsection (2) does not apply if the Minister is satisfied the work program needs to be amended for a reason beyond the holder’s control.

(4)The application must be accompanied by the fee prescribed under a regulation.

61   [Repealed]

62   Deciding application

(1)If the proposed amendment—

(a)does not relate to the initial work program for the authority to prospect; and

(b)is to substitute the carrying out of an authorised activity (the original activity) with another authorised activity;

the Minister may approve the amendment if satisfied the other activity is at least of an equivalent value to the original activity.

(2)If the application is to extend the period of the work program for the authority, the Minister may approve the amendment only if satisfied—

(a)the requirements under section 59(2) or (3) have been complied with; and

(b)the designated person mentioned in section 59(4) is likely to provide additional financial or technical resources for the authority; and

(c)the work program will be completed within the period of the extension.

Note—

For additional provisions about relinquishment that apply if the period is extended, see sections 65(1)(c) and 78A.

(3)Otherwise, the Minister may approve the amendment only if satisfied it is necessary because of a circumstance—

(a)not related to—

(i)the applicant’s financial or technical resources or ability to manage petroleum exploration; or

(ii)the results of exploration; and

(b)the happening of which is or was beyond the applicant’s control; and

(c)that could not have been prevented by a reasonable person in the applicant’s position.

(4)Also, if the amendment is approved under subsection (3), the relinquishment day for the authority may be deferred for a period that relates to a circumstance mentioned in subsection (3).

(5)A deferral under subsection (4) can not be for longer than 12 years after the authority took effect.

(6)If, under this section, an amendment is approved, a condition (an additional relinquishment condition) may be imposed on the authority requiring its holder to relinquish, by a lodged notice, at least a stated percentage of the original notional sub-blocks of the authority on or before a stated day.

63   Steps after, and taking effect of, decision

(1)On approval of the proposed amendment, the holder must be given notice of the approval.

(2)On refusal to approve the proposed amendment, the holder must be given an information notice about the decision to refuse.

(3)An approval takes effect when the holder is given the notice or, if the notice states a later day of effect, on that later day.

Subdivision 7 [Repealed]

63A   [Repealed]

63B   [Repealed]

63C   [Repealed]

63D   [Repealed]

63E   [Repealed]

Division 4 Key mandatory conditions for authorities to prospect

Subdivision 1 Preliminary

64   Operation of div 4

This division provides for particular mandatory conditions for authorities to prospect.

Notes—

1The following provisions also impose mandatory conditions on authorities to prospect—

•division 1

•parts 4 and 10

•sections 181 and 202

•chapter 3, part 4, division 4

•chapter 3A, part 5

•chapter 5.

2For what is a mandatory condition, see section 20(2).

Subdivision 2 Standard relinquishment condition and related provisions

64A   What is the relinquishment day

(1)The relinquishment day, for an authority to prospect, is the day before the sixth anniversary of the day the authority took effect.

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

Note—

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

65   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)by the end of the relinquishment day for the authority; and

(b)if section 68(3) applies—on the day provided for under that subsection; and

(c)if, under division 3, subdivision 6, the period of the work program for the authority has been extended—on the day the extended period ends.

(2)However, if, under section 62(4), the relinquishment day for the authority (the original day) is deferred for a stated period, for the relinquishment condition, the relinquishment that was required by the end of the original day is taken to have been deferred until the end of the stated period.

(3)A relinquishment required under the relinquishment condition—

(a)must be made by a lodged notice (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.

65A   Consequence of failure to comply with relinquishment condition

(1)If the holder of an authority to prospect 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.

66   Part usually required to be relinquished

(1)This section is subject to sections 66A, 68 and 69.

(2)The holder must relinquish 50% of the original notional sub-blocks of the authority to prospect by the end of the relinquishment day.

(3)The sub-blocks required to be relinquished under this section are the usual relinquishment for the authority to prospect.

Note—

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

66A   Standard relinquishment condition deferred while petroleum lease application is undecided

(1)This section applies if—

(a)the holder of an authority to prospect has made an application for a petroleum lease in relation to an identified area; and

(b)at the end of the relinquishment day, the application has not been decided.

(2)Section 66 does not apply to the authority to prospect in relation to the identified area until—

(a)the petroleum lease is granted; or

(b)20 business days after the day the application is withdrawn or refused.

(3)In this section—

identified area means the sub-blocks of land identified in a relinquishment notice as the sub-blocks of land to which an authority to prospect will not apply after a reduction required under section 66(2).

66B   Sub-blocks that may be counted towards relinquishment

(1)This section applies if, before a relinquishment day, the area of an authority to prospect is reduced under section 101 by the grant of a petroleum lease.

(2)The sub-blocks in the area of the authority to prospect reduced by the grant may be counted as sub-blocks relinquished for the relinquishment condition.

67   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 an additional relinquishment condition;

(b)the mere declaration of the sub-blocks as a potential commercial area for the authority;

(c)sub-blocks the subject of an application for a potential commercial area;

(d)sub-blocks relinquished under a penalty relinquishment.

(2)To remove any doubt, it is declared that a potential commercial area can be relinquished and can be counted as an area relinquished for the relinquishment condition.

(3)In this section—

penalty relinquishment means a relinquishment that is—

(a)made under section 78A or under a requirement under section 790(1)(b); and

(b)more than the sub-blocks required to be relinquished under the relinquishment condition.

68   Adjustments for sub-blocks that can not be counted

(1)This section applies for the relinquishment day for an authority to prospect if, after taking away all sub-blocks that, under section 67, can not be counted for the relinquishment condition, the balance of the sub-blocks of the authority to prospect is less than the sub-blocks required to be relinquished under the usual relinquishment for the authority.

(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 an application for a potential commercial area; 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.

69   Adjustment for particular potential commercial areas

If the only way to comply with the relinquishment condition is to relinquish all or part of a potential commercial area for the authority, the relinquishment condition is taken to be complied with if all remaining sub-blocks of the original notional sub-blocks of the authority are relinquished.

70   Relinquishment must be by blocks or sub-blocks

(1)A relinquishment under the relinquishment condition—

(a)may be by blocks or sub-blocks; and

(b)must be of at least 1 block.

(2)However, if a block contains an area that, under section 67, can not be counted as a relinquishment, subsection (1)(b) is complied with if all of the rest of the land within the block is relinquished.

71   Ending of authority to prospect if all of its area relinquished

If all of the area of an authority to prospect is relinquished, the authority ends.

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

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

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

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

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

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

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

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

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

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

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

Subdivision 2A Mandatory conditions for particular types of testing

71A   ATP production testing

(1)Subject to section 72, an authority to prospect holder may carry out testing for petroleum production for a petroleum well (ATP production testing) within the area of the authority.

(2)However, it is a condition of the authority to prospect that—

(a)the holder gives the chief executive a notice, containing the information prescribed by regulation, in relation to the ATP production testing within 20 business days after the testing starts; and

(b)the testing is carried out after the end date for the testing only with the Minister’s approval.

(3)The Minister may, at any time, approve the carrying out after the end date for ATP production testing (the original ATP production testing) of further ATP production testing and the approval is subject to the conditions the Minister considers appropriate.

(4)If the Minister decides not to approve the carrying out of further ATP production testing, the Minister must give the authority to prospect holder an information notice about the decision.

71B   ATP storage testing

(1)Subject to section 72, an authority to prospect holder may carry out testing for the storage of petroleum or a prescribed storage gas in a natural underground reservoir (ATP storage testing) within the area of the authority.

(2)However, it is a condition of the authority to prospect that—

(a)the holder gives the chief executive a notice, containing the information prescribed by regulation, in relation to the ATP storage testing within 20 business days after the testing starts; and

(b)the testing is carried out after the end date for the testing only with the Minister’s approval.

(3)Subject to subsection (4), the Minister may, at any time, approve the carrying out after the end date for ATP storage testing (the original ATP storage testing) of further ATP storage testing and the approval is subject to the conditions the Minister considers appropriate.

(4)An approval may not be given under subsection (3) more than 1 day before the end date for the original ATP storage testing.

(5)If the Minister decides not to approve the carrying out of further ATP storage testing, the Minister must give the authority to prospect holder an information notice about the decision.

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

(a)carry out GHG stream storage; or

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

71C   Authority to prospect holder must notify chief executive if testing stops

If an authority to prospect holder stops carrying out any ATP production testing or ATP storage testing within the area of the authority for a continuous period of 14 days or more, the holder must give the chief executive a notice, containing the information prescribed by regulation, in relation to the testing within 20 business days after the testing stops.

Subdivision 3 Other mandatory conditions

72   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.

73   [Repealed]

74   [Repealed]

75   Petroleum royalty and annual rent

(1)An authority to prospect holder must pay the State—

(a)petroleum royalty as required under chapter 6; and

(b)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.

76   Civil penalty for nonpayment of annual rent

(1)If an authority to prospect holder does not pay the annual rent as required under section 75, the holder must also pay the State a civil penalty.

(2)The amount of the penalty is 15% of the rent.

(3)The penalty—

(a)must be paid on the day after the last day for payment of the rent; and

(b)is still payable even if the holder later pays the rent.

77   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 or later work program, as approved under division 3.

2For the requirements to lodge a proposed later work program see sections 79, 100, 104, 372 and 790.

3For approval of proposed later work programs see division 3, subdivision 5.

78   Compliance with work program

The holder of an authority to prospect must comply with the work program for the authority.

78A   Penalty relinquishment if work program not completed within extended period

(1)If—

(a)under division 3, subdivision 6, 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 a document to the chief executive, see section 851AA.

(3)If the holder does not comply with subsection (2), the Minister may take action under section 790(1)(b).

79   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 division 3, subdivision 5.

2If the holder wishes to renew the authority, a proposed later work program must be included in the renewal application. See section 82(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; and

(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 work program 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.

80   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 79(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).

80A    Power to impose or amend condition if changed holder of authority to prospect

(1)This section applies if 1 of the following changes happens—

(a)an entity starts or stops controlling the holder of an authority to prospect under the Corporations Act, section 50AA;

(b)the holder of an authority to prospect starts or stops being a subsidiary of a corporation under the Corporations Act, section 46.

(2)The Minister may consider whether, after the change, the holder of the authority to prospect has the financial and technical resources to comply with the conditions of the authority to prospect.

(3)If the Minister considers the holder of the authority to prospect may not have the financial and technical resources to comply with conditions of the authority to prospect, the Minister may impose another condition on, or amend a condition of, the authority to prospect.

(4)If the Minister believes a change mentioned in subsection (1) may have happened, the Minister may require the holder of the authority to prospect to give the Minister information or a document about whether or not the change has happened.

(5)Before deciding to impose another condition on, or amend a condition of, the authority to prospect under subsection (3), the Minister may require the holder of the authority to prospect to give the Minister information or a document the Minister requires to make the decision.

(6)A requirement under subsection (4) or (5) must—

(a)be made by notice given to the holder; and

(b)state a period of at least 10 business days within which the holder must comply with the requirement.

(7)Before deciding to impose another condition on, or amend a condition of, the authority to prospect under subsection (3), the Minister must give the holder of the authority a notice stating—

(a)the proposed decision; and

(b)the reasons for the proposed decision; and

(c)that the holder may, within 10 business days after the notice is given, make submissions to the Minister about the proposed decision.

(8)The Minister may extend the period mentioned in subsection (6)(b) or (7)(c) by notice given to the holder of the authority to prospect.

(9)In deciding whether to impose another condition on, or amend a condition of, the authority to prospect under subsection (3), the Minister—

(a)must consider information or a document, if any, given under subsection (6)(b) or (7)(c); and

(b)may consider any other matter the Minister considers relevant.

(10)If the Minister decides to impose another condition on, or amend a condition of, the authority to prospect under subsection (3), the Minister must, as soon as practicable after making the decision, give the holder a notice stating the decision and the reasons for the decision.

Division 5 Renewals

81   Conditions for renewal application

(1)An authority to prospect holder may apply to renew the authority only if none of the following is outstanding—

(a)annual rent for the authority;

(b)a civil penalty under section 76 for nonpayment of annual rent;

(c)interest payable under section 588 on annual rent or a civil penalty;

(d)a royalty-related amount payable by the holder;

(e)security required for the authority, as required under section 488.

(2)Also, the application can not be made—

(a)more than 60 business days before the end of the term of the authority; or

(b)after the authority has ended.

82   Requirements for making application

(1)The application must—

(a)be in the approved form; and

(b)state whether or not the work program for the authority to prospect has been complied with; and

(c)if the work program has not been complied with—state details of, and the reasons for, each noncompliance; and

(d)include a proposed later work program for the renewed authority; and

(e)address the capability criteria; and

(f)include information about the matters that, under sections 84 and 86, must or may be considered in deciding the application; and

(g)state whether or not the applicant has complied with chapter 5, part 7, for reports required to be lodged in relation to the authority; and

(h)be accompanied by—

(i)the application fee prescribed under a regulation; and

(ii)if the application is made less than 20 business days before end of the term of the authority—an amount that is 10 times the application fee.

excluded land for—

(a)an authority to prospect—means excluded land for the authority, decided under section 99; or

(b)a petroleum lease—means excluded land for the lease, decided under section 169.

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.

executive safety manager, of an operating plant, see section 687.

existing user, of a natural underground reservoir, see section 205(1) and (6).

existing Water Act bore ...

exploration project means a project involving 2 or more authorities to prospect that have a unifying exploration purpose.

exploring, for petroleum, see section 14.

extended remaining period ...

external review, for a decision, means a review of the decision by QCAT under the QCAT Act.

fee includes tax.

first authority ...

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

former tenure or authority, for an abandoned operating plant, for chapter 10, part 3, see section 799B.

fuel gas see section 11(2).

fuel gas delivery network—

(a)

means the supply of fuel gas to or in a container owned or provided (other than by being sold) by a person (a product supplier) to a consumer or another person in the business of distributing fuel gas; and

(b)includes an activity that is part of or incidental to the supply mentioned in paragraph (a) that is carried out by the product supplier or the product supplier’s agent.

Examples of fuel gas delivery networks—

•the delivery of cylinders of fuel gas to a consumer or to a distributor

•the filling and storing of cylinders of fuel gas, including cages of 4kg and 8.5kg exchange cylinders

•the bulk delivery of fuel gas to a container

•the filling of a tanker for delivery of fuel gas

•the maintenance of containers and storage equipment used for the supply of fuel gas

•the dispensing of fuel gas to vehicles

fuel gas refrigeration device means a device—

(a)that is used or designed or intended for use for refrigeration; and

(b)for which fuel gas is the refrigerant.

garnishee ...

garnishee amount ...

garnishee notice ...

gas device means a gas device (type A) or a gas device (type B).

gas device approval authority see section 18(1)(j).

gas device (type A) see section 724(1).

gas device (type B) see section 724(3).

gas fitting means—

(a)any component of a gas device (type A) or gas device (type B); or

(b)a thing used, or designed or intended for use—

(i)with a gas device (type A) or gas device (type B); or

(ii)in the supply, distribution or consumption of fuel gas.

gasification or retorting product see section 10(2).

gas quality agreement see section 621(3).

gas quality approval see section 622(1).

gas related device means any of the following—

(a)a gas device;

(b)a gas fitting;

(c)a gas system;

(d)a container of fuel gas;

(e)a device used to transfer fuel gas from one container to another;

(f)a device used to produce fuel gas.

gas system means a system that—

(a)consists of the following things in any combination—

(i)gas devices;

(ii)containers;

(iii)fittings;

(iv)flues;

(v)pipes;

(vi)devices that produce fuel gas; and

(b)either—

(i)is used with, or designed or intended to be used with, fuel gas; or

(ii)is used, or designed or intended to be used, to produce fuel gas for use in gas devices.

Examples of gas systems—

•an existing system of interconnected domestic gas devices installed in a dwelling house

•a gas device, and associated pipe work, added to an existing system

•a gas-fired industrial boiler installation

•pipes and fittings installed without a gas device in a dwelling house

•an electrolyser, and associated pipe work, used to produce fuel gas for use in a gas device

gas work, for chapter 9, part 6 and chapter 11, part 1AA, see section 725.

gas work authorisation see section 18(1)(i).

gas work licence see section 18(1)(h).

generic SMS see section 675A.

Geothermal Act see section 3A(1)(a).

geothermal activity see the Geothermal Act, section 18.

geothermal coordination arrangement see the Geothermal Act, section 138(4).

geothermal energy activity ...

geothermal exploration permit ...

geothermal lease see the Geothermal Act, section 19(1)(b).

geothermal permit see the Geothermal Act, section 19(1)(a).

geothermal production see the Geothermal Act, section 14.

geothermal tenure see the Geothermal Act, section 19(2).

GHG means greenhouse gas.

GHG assessment criteria ...

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 public interest ...

GHG statement ...

GHG storage Act see section 3A(1)(a).

GHG storage activity see the GHG storage Act, section 23.

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, chief executive or chief inspector, has the meaning affected by section 851AA.

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

holder—

(a)of a petroleum authority, other than the following, means each person recorded as its holder in the register—

(i)a data acquisition authority;

(ii)a water monitoring authority that relates to only 1 petroleum tenure; or

(b)of a data acquisition authority, means the person mentioned in section 182; or

(c)of a water monitoring authority, means the person who is its holder as provided for under section 201; or

(d)of a gas work licence, gas work authorisation or gas device approval authority, means each person recorded as its holder in the register the chief inspector keeps under section 734AB.

holder submissions, for chapter 3A, see section 392AH(1).

hydrogen gas blend see section 11(3).

impaired capacity ...

incident means an event that—

(a)involves, or involves a level of risk of, death of, or injury to, a person or damage to property that is not at an acceptable level; and

(b)happens—

(i)at an operating plant, for any reason; or

(ii)at another place and is associated with a gas related device or the presence, or perceived likely presence, of petroleum or fuel gas or a prescribed storage gas.

incidental coal seam gas see the Mineral Resources Act, section 318CM(2).

independent viability assessment see section 232(2).

indicative approval ...

individual lease, for chapter 2, part 2, division 7, subdivision 1A, see section 170A(1) or 170B(1).

information-giver, for chapter 3, part 8, see section 390(1).

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

(a)the decision, and the reasons for it;

(b)all rights of review or appeal under this Act;

(c)the period in which any review or appeal under this Act must be started;

(d)how rights of review or appeal under this Act are to be exercised;

(e)that a stay of a decision the subject of review or appeal under this Act may be applied for under this Act.

information statement, for chapter 3A, see section 392AE(1)(a).

initial development plan requirements see section 137.

initial work program requirements see section 46.

inspector means a person who under section 735 holds appointment as an inspector, petroleum and gas, or who is—

(a)the chief inspector; or

(b)the deputy chief inspector, petroleum and gas.

interfere with includes tamper with.

internal review application, for chapter 12, see section 817(1).

internal review decision see section 820(1)(b).

joint interaction management plan, for chapter 9, part 4, division 5, subdivision 1, see section 705B(1)(a).

land includes—

(a)land covered by Queensland waters; and

(b)subterranean land.

land access code see the Common Provisions Act, section 36.

later development plan requirements see section 142.

later work program requirements see section 50.

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.

liable person ...

licence see section 18(4).

licensed water bore driller means an individual who holds a water bore driller’s licence under the Water Act.

lodge, a document, has the meaning affected by section 851AA.

low impact, for an activity or infrastructure, means the activity or infrastructure—

(a)is of low impact on the environment; and

(b)is of low impact for land disturbance; and

(c)does not adversely affect the carrying out of an authorised activity, or is not likely to adversely affect the carrying out of a future authorised activity, under a mineral (f) tenure.

LPG see section 11(1).

LPG delivery network ...

make good agreement ...

make good obligation ...

make submissions has the meaning affected by section 851AA.

mandatory condition, of a petroleum authority, see section 20(2).

mandatory provision, of the land access code, means a provision of that code that the code requires compliance with.

MDLA 407 see section 363B(2).

measurement, of petroleum or fuel gas, see section 634.

measurement scheme, for a meter, see section 633.

meter see section 631.

mineable coal seam ...

mineable oil shale deposit ...

mineral (f) see the Mineral Resources Act 1989, section 6(2)(f).

mineral (f) pilot tenure see section 363B(1).

mineral (f) production tenure see section 363A.

mineral (f) tenure see section 363A.

mineral hydrocarbon mining lease see the Mineral Resources Act 1989, section 739.

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 tenure the holder is authorised to carry out mining under the Mineral Resources Act or a related mineral or energy resources activity.

mining lease see Mineral Resources Act, schedule 2.

mining lease application period see section 323(2).

mining safety legislation see the Common Provisions Act, schedule 2.

mining tenement means a mining tenement under the Mineral Resources Act.

monitoring report ...

multi-tenanted premises ...

natural underground reservoir see section 13.

negotiation notice, for chapter 2, part 6, division 3, subdivision 4, see section 221(2)(a).

new authorities, for an application to divide an authority to prospect, see section 103(1).

new leases, for an application to divide a petroleum lease, see section 171(1).

non-assessable transfer ...

noncompliance action means action of a type mentioned in section 790.

non-owner lease see section 221(1).

notice means a written notice.

notice of claim see section 213(1).

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, petroleum tenure, licence, 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.

offender, for chapter 13, part 2, division 2, see section 841AB.

official means the Minister, the chief executive, the CEO, the WHS prosecutor, the commissioner, an inspector or an authorised officer.

oil shale see section 300.

oil shale exploration tenement see section 302(1).

oil shale mining lease see section 302(2).

old lease, for chapter 2, part 6, division 3, see section 212(1)(a).

on, land or another place, includes across, attached to, in, under or over the land or place.

operate, a pipeline or petroleum facility—

1

Operate, a pipeline or petroleum facility, includes use, inspect, test, maintain, repair, alter, add to and replace the pipeline or facility.

2For paragraph 1, using a pipeline includes using it to transport—

(a)generally—petroleum, fuel gas, produced water, prescribed storage gases or regulated hydrogen; and

(b)if, under section 402, the right to operate the pipeline is extended to include another substance—the other substance.

operate, for operating plant that, under section 670(6) and (7), consists of joint authorised activities, means to carry out all or any of the activities.

operating plant see section 670.

operator, of an operating plant, see section 673.

original assessment ...

original authority, for an application to divide an authority to prospect, see section 103(1).

original decision see section 817(1).

original lease, for an application to divide a petroleum lease, see section 171(1).

original notional sub-blocks, of an authority to prospect—

1

The 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.

2

However, the original notional sub-blocks do not include any sub-block completely within the area of a petroleum lease or 1923 Act lease.

overlapping area, for chapter 9, part 4, division 5, subdivision 1, see section 705(a).

overlapping ATP land, for a petroleum lease, see section 341(2)(c).

overlapping authority application period, for chapter 3A, part 2, division 5, see section 392AN(2).

overlapping authority (geothermal or GHG), for chapter 3A, see section 392AB.

overlapping authority priority, for chapter 3A, see section 392AH(3)(b)(i).

overlapping GHG authority ...

overlapping GHG lease application period ...

overlapping lease, for chapter 3A, see section 392AN(2).

overlapping mineral (f) land see section 363B(1).

overlapping permit, for chapter 3A, see section 392AI(1)(a).

overlapping tenure, for chapter 3A, see section 392AD(c).

overview, of a safety management system, means a summary of how each aspect of a safety management system mentioned in section 675(1) is, or will be, addressed by the system.

owner—

1

An 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—

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

(ii)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 State—

(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.

2

Also, a mortgagee of land is the owner of land if—

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

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

3

The owner, of a thing that has been seized under this Act, includes a person who would be entitled to possession of the thing had it not been seized.

4If land or another thing has more than 1 owner, a reference in this Act to the owner of the land or thing is a reference to each of its owners.

ownership relinquishment notice see section 223(3)(b).

part 5 permission see section 463.

parties ...

penalty tax see the Taxation Administration Act 2001, section 58(1).

permitted dealing ...

petroleum see section 10.

petroleum authority see section 18(2).

petroleum discovery includes a discovery of a natural underground reservoir that has, or is likely to have, commercial storage potential under this Act.

petroleum facility see section 17.

petroleum facility land, for a petroleum facility licence, see section 439.

petroleum facility licence see section 18(1)(g).

petroleum interest means—

(a)a petroleum authority; or

(b)a right existing under, or in relation to, a petroleum authority.

petroleum lease see section 18(1)(b).

petroleum producer includes—

(a)for petroleum produced under this Act—the petroleum tenure holder who produces it or for whom it is produced; or

(b)for petroleum produced under the 1923 Act—the authority to prospect holder or petroleum lease holder under that Act who produces it or for whom it is produced; or

(c)for petroleum that is incidental coal seam gas mined under the Mineral Resources Act, section 318CM—the coal or oil shale mining lease holder who mines it or for whom it is mined; or

(d)for petroleum that is coal seam gas mined under a mineral hydrocarbon mining lease—the coal or oil shale mining lease holder who mines it or for whom it is mined.

petroleum register ...

petroleum royalty means petroleum royalty imposed under section 590.

petroleum tenure see section 18(3).

petroleum well—

1

A petroleum 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 or a prescribed storage gas into a natural underground reservoir; or

(c)through which petroleum or a prescribed storage gas may be produced.

2For item 1, a prescribed storage gas is produced when it is recovered or released to ground level from a natural underground reservoir in which it has been contained or from which it is extracted.

3

A petroleum well includes the casing for the well and any wellhead for the well attached to it.

4

To remove any doubt, it is declared that a petroleum well does not include any of the following—

(a)a water injection bore;

(b)a water observation bore;

(c)a water supply bore;

(d)an existing Water Act bore;

(e)a seismic shot hole or shallow hole drilled to work out a geological structure.

PGPLR means Prospective Gas Production Land Reserve.

PGPLR land means the part of the area of a petroleum tenure to which an Australian market supply condition applies.

pipeline see section 16.

pipeline land, for a pipeline licence, see section 399.

pipeline licence see section 18(1)(f).

place includes land.

plan period, for a development plan, means the period for which the plan applies.

PL production testing see section 150A(1).

PL storage testing see section 150C(1).

point-to-point pipeline licence see section 404(1)(b).

potential commercial area, for an authority to prospect, means an area declared under section 90 to be a potential commercial area for the authority.

power station means a power station under the Electricity Act 1994.

pre-closure report see section 261(1).

preference decision see section 319(2).

preliminary activity ...

prescribed incident see section 706(1).

prescribed incidents ...

prescribed odour, for fuel gas, see section 627.

prescribed quality, for fuel gas, see section 620(1).

prescribed storage gas see section 12.

prevent includes each of the following—

(a)hinder;

(b)obstruct.

primary land ...

principal hazard management plan ...

private land—

1

Private 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 petroleum authority or 1923 Act petroleum tenure;

(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, see section 15.

produced water see section 15A.

production commencement day, for a petroleum lease, means—

(a)the day stated under section 123(3)(c) for the lease; or

(b)if the day mentioned in paragraph (a) has been changed under section 175AC—that day as changed from time to time under section 175AC.

program period, for a work program, means the period for which the program applies.

proposed user, of a natural underground reservoir, see section 209(1).

provision of an authority under this Act, means a provision of the authority, as defined under section 21.

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 petroleum authority or 1923 Act petroleum tenure;

(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 land authority approval ...

public official ...

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 path

public road authority, for a public road, means—

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

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

publish, a notice, means to publish it in any of the following ways—

(a)in a journal published by the department or under the Minister’s authority;

(b)in another publication considered appropriate by—

(i)generally—the Minister; or

(ii)if the subject of the notice relates to safety—the chief inspector;

(c)on the department’s web site on the internet;

(d)by placing it on a public notice board, established and maintained by the department, at—

(i)the department’s head office; and

(ii)other places the chief executive considers appropriate.

QCAT information notice means a notice complying with the QCAT Act, section 157(2).

quarter ...

Queensland Government website means a website with a URL that contains ‘qld.gov.au’, other than the website of a local government.

reasonably believes means to believe on grounds that are reasonable in the circumstances.

reasonably suspects means to suspect on grounds that are reasonable in the circumstances.

reassessment ...

recipient, for chapter 3, part 8, see section 390(1).

register means the register kept by the chief executive under the Common Provisions Act, section 197.

regulated hydrogen see section 11A.

relevant arrangement, for chapter 2, part 2, see section 121(2)(b).

relevant departmental office ...

relevant environmental authority, for a petroleum authority, means an environmental authority under the Environmental Protection Act granted for all of the authorised activities for the petroleum authority that are environmentally relevant activities under the Environmental Protection Act.

relevant environmental condition, for a petroleum authority, means a condition of any relevant environmental authority for the petroleum authority.

relevant land, for a petroleum lease application, means the land the subject of the application.

relevant lease, for a coordination arrangement or proposed coordination arrangement, see section 234(1).

relevant official, for noncompliance action, see section 789(2).

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.

relevant tenure or authority, for chapter 10, part 3, see section 799B.

relinquishment condition—

1

Generally, the relinquishment condition, for an authority to prospect is the relinquishment condition under section 65(1).

2

However if chapter 15, part 3, division 2 applies, and the authority is an authority to which section 878 or 879 applies, the relinquishment condition for the authority is the relinquishment condition under that section.

3

The relinquishment condition for a lease is the relinquishment condition under section 329(2).

relinquishment day, for an authority to prospect, see sections 64A(1) and 71AA(2).

relinquishment requirements, for an authority to prospect, means the requirements, including the relinquishment condition, applying under chapter 2, part 1, division 4, subdivision 2 about how much, and when, any part of the area of the authority to prospect must be relinquished.

remedial powers see section 580(2).

remediation activities ...

remediation activity, for chapter 2, part 10, division 5, see section 294A.

remediation activity—

(a)for chapter 2, part 10, division 5—see section 294B; or

(b)for chapter 10, part 3—see section 799CA.

replacement tenure see section 908.

report means a written report.

reprisal see section 708C.

required information, for chapter 5, part 7, division 1, subdivision 3, see section 549.

requirements for grant see section 120(1).

resource management decision see section 392AK.

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)sections 456 to 458 of this Act;

(iv)the Queensland Reconstruction Authority Act 2011, section 99;

(v)the State Development Act, 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.

revenue commissioner means the commissioner under the Taxation Administration Act 2001.

review application ...

review decision ...

reviewer see section 817(3).

review report ...

road use direction ...

royalty fee see the Taxation Administration Act 2001, schedule 2.

royalty information ...

royalty investigator ...

royalty penalty amount ...

royalty provision, of this Act, means a provision of this Act that is a revenue law under the Taxation Administration Act 2001.

royalty-related amount means any of the following amounts—

(a)an amount of petroleum royalty;

(b)a civil penalty under section 594 or other penalty tax;

(c)a royalty fee under the Taxation Administration Act 2001;

(d)unpaid tax interest under the Taxation Administration Act 2001.

royalty return see section 592A(2).

royalty return period means the period, prescribed by regulation, for which a royalty return is required to be lodged.

RSHQ means the statutory body called Resources Safety and Health Queensland established under the Resources Safety and Health Queensland Act 2020, section 5.

safety management plan ...

safety management system—

1A safety management system, for an operating plant, is—

(a)the system made under section 674 as in force from time to time; and

Note—

If chapter 9, part 4, division 5, subdivision 1 applies for an operating plant, the safety management system under section 674 must include a joint interaction management plan.

(b)an auditable documented system that forms part of an overall management system for the plant.

2If the plant has stages, a reference to the term includes the parts of the safety management system developed for each stage.

safety requirements see section 669.

satisfies, the capability criteria, for—

(a)chapter 2, part 1—see section 43(3); or

(b)chapter 2, part 2—see section 121(4).

second authority ...

security includes bond, deposit of an amount as security, guarantee, indemnity or other surety, insurance, mortgage and undertaking.

senior officer, of an employer for an operating plant or gas work, for chapter 11, part 1AA, see section 799I(1).

service provider, for an affected party, see section 661.

service provider test, for a meter, see section 662(1).

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 petroleum authority, means any interest held by a person as a holder of the authority in all of the area of the authority.

site safety manager means a site safety manager appointed under section 692 or any operator mentioned in section 694.

site senior executive, for chapter 9, part 4, division 5, subdivision 1, see section 705A.

special amendment see section 107A.

special criteria for—

(a)chapter 2, part 1—see section 35(2)(h)(iii); or

(b)chapter 2, part 2—see section 127(2)(e)(iii).

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.

stage, of an operating plant, see section 672.

standard operating procedures, for an operating plant, is a documented way of working, or an arrangement of facilities, at the plant to achieve an acceptable level of risk.

State-controlled road see Transport Infrastructure Act 1994, schedule 6.

State Development Act means the State Development and Public Works Organisation Act 1971.

stated pipeline licence incidental activity see section 403(3).

stock purposes means watering stock of a number that would normally be depastured on the land on which the water is, or is to be, used.

storage agreement see section 205(1) and (5).

storage capacity, of a natural underground reservoir, means the measure of its potential to store petroleum or a prescribed storage gas.

structure means anything built or constructed, whether or not attached to land.

sub-block see the Common Provisions Act, section 11A(2).

submission means a written submission.

submission period, for chapter 3, part 2, see section 314(2).

supply—

1

Supply means to supply by way of business.

2The term includes each of the following—

(a)give or sell;

(b)agree, attempt or offer to give or sell;

(c)advertise to give or sell;

(d)cause or permit to be given or sold;

(e)give away or swap.

survey licence see section 18(1)(e).

take, in relation to land, includes acquire.

takeover condition see section 413(1).

tank means a pressure vessel to which AS 1210 ‘Pressure vessels’ (1997) applies.

tender security, for a tender under chapter 2, part 1 or 2, means an amount given by the relevant tenderer as security for the tender.

the public interest ...

tolerance for error, for a meter, see section 635.

transfer, of a petroleum well, water injection bore, water observation bore or water supply bore, see section 285(2).

transmission pipeline ...

tribunal ...

trigger threshold ...

underground gasification activity means an activity on a coal or oil shale mining tenement or a petroleum authority relating to—

(a)the exploration for, and testing of, coal or oil shale to be used for the production of mineral (f); or

(b)the production, processing, refining, storage or transportation of mineral (f).

underground water see the Water Act, schedule 4.

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 Act

underground water rights, for a petroleum tenure, see section 185(2)(a).

unduly affected ...

unpaid petroleum royalty interest ...

unpaid royalty interest ...

usual relinquishment see sections 66(3) and 71AA(4).

validation test, for a meter, see section 666(2).

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 injection bore means—

(a)a bore to inject water or brine into a part of a geological formation or structure that is suitable to store water or brine; or

(b)a petroleum well that, under chapter 2, part 10, division 2, has been, or is taken to have been, converted to a water injection bore.

water licence means a licence under the Water Act.

water monitoring activity see section 187(2).

water monitoring authority see section 18(1)(d).

water observation bore—

1

A water observation bore is a bore to monitor water levels and includes—

(a)a petroleum well that, under chapter 2, part 10, 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—

1

A water supply bore includes a petroleum well that, under chapter 2, part 10, division 2, has been, or is taken to have been, converted to a water supply bore.

2A reference to a water supply bore includes its casing, wellhead and any other works constructed in connection with the bore.

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.

wet geothermal production means geothermal production by the extraction of hot water from a subartesian basin.

WHS prosecutor see the Work Health and Safety Act 2011, schedule 2, section 25.

worker, at a place, means a person who is employed or contracted to carry out work at the place, whether or not the work is gas work.

worker—

(a)in relation to an operating plant or gas work, for chapter 11, part 1AA, see section 799I(1); or

(b)at a place, means a person who is employed or contracted to carry out work at the place, whether or not the work is gas work.

work program, for an authority to prospect, see sections 23 and 45(1).

work program (activities-based) see section 45(2).

work program amendment provisions means chapter 2, part 1, division 3, subdivision 6.

work program criteria see section 49(2).

work program (outcomes-based) see section 45(3).

works direction see section 431(2).