Untitled document
Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014
No. 68 of 2014
table of provisions
Section Page
Part 1—Preliminary
1Purposes
2Commencement
Part 2—Geothermal Energy Resources Act 2005
3New section 63B inserted
63BFurther statutory condition of authority—hydraulic fracturing
4New section 63C inserted
63CFurther statutory condition of authority—agreements under Traditional Owner Settlement Act 2010
Part 3—Greenhouse Gas Geological Sequestration Act 2008
5Special access authorisations
6New section 158A inserted
158AFurther statutory condition of authority—hydraulic fracturing
7New section 158B inserted
158BFurther statutory condition of authority—agreements under Traditional Owner Settlement Act 2010
8Repeal of reference to special access well plans
9Special drilling authorisation surrendered if primary
authorisation surrendered10New section 187A inserted
187AAuthorities not personal property
11Injection and monitoring operations also override planning schemes
12Repeal of further references to special access well plans
Part 4—Mineral Resources (Sustainable Development) Act 1990
13Definitions
14Deep Lead Nature Conservation Reserve (No. 2)
15Minister may exempt land from being subject to a licence
16New section 8AA substituted
8AAOffence to search for stone without consent
17Royalties
18Prospecting licences
19Retention licences
20Application for a licence
21New section 16B inserted
16BApplication for mining licence where retention
licence covers same land
22Notice of applications with the highest ranking
23Grant or refusal of licence under Division 2 of Part 2
24Licence condition regarding documents provided to Minister
25Prohibition on using BTEX chemicals in hydraulic fracturing
26Licence condition regarding agreements under Traditional Owner Settlement Act 2010
27Definition of exempted land for Division 3 of Part 2
28Licence procedure under Subdivision 2 of Division 3 of Part 2
29Licence procedure under Subdivision 3 of Division 3 of Part 2
30New Division 3A inserted in Part 2
Division 3A—Survey of land proposed to be covered by mining licence, prospecting licence or retention licence
26ARApplicant to survey boundary of land
26ASAuthority to enter land
26ATOffence not to show authority
26AUSecurity
26AVInsurance
31Statement of economic significance if agricultural land
covered by licence32Tendering process
33Application of provisions to tenders
34Minister may not accept any tenders
35Renewals of licences
36Period of renewal
37Transfer of licence
38Cancellation of licence
39Decrease in area under exploration licence
40Repeals consequential on new Division 3A of Part 2
41Work plan
42Licensee to submit area work plan schedule
43Functions of Department Head regarding mining register
44New Division 1 of Part 6A substituted
Division 1—Searching for stone
77AConsent to search for stone on certain land
77BDepth restriction on searching for stone on land
adjacent to waterways or water infrastructure77CNotice of proposed searching for stone on land on
which there are roads etc.
45Work plan for extractive industries
46Transfer of an extractive industry work authority
47New section 77OA inserted
77OASurrender of an extractive industry work authority
48Land subject to a licence under Part 2
49Rehabilitation plan
50Rehabilitation bond
51Return of bond if rehabilitation satisfactory
52Limit on total amount of compensation
53Compensation—search authorities
54Power to enter
55New Division 1 inserted in Part 12
Division 1—Definitions
105ADefinitions
56New Division 3 inserted in Part 12
Division 3—Enforceable undertakings
107Enforceable undertakings
108Offence to contravene an undertaking
57Further amendment of Part 12
58Surveys and drilling operations
59Occupiers liability
60Secrecy
61Regulations
62Repeal of spent provisions
63Low impact exploration
64Amendments consequential on Water Act 2014
65New section 140 inserted
140Savings and transitional provisions—Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014
Part 5—Offshore Petroleum and Greenhouse
Gas Storage Act 2010
66Rights conferred by greenhouse gas assessment permit
67New Part 6.10 inserted
Part 6.10—Using and sharing offshore information and things
Division 1—Introduction
718BSimplified outline
718CDefinitions
718DScope of Part
Division 2—Minister's use of offshore information and
things718EPurposes for which Minister may use offshore information or things
Division 3—NOPSEMA's use of offshore information
and things718FPurposes for which NOPSEMA may use offshore information or things
Division 4—Sharing offshore information or things
718GSharing offshore information or things for the
purposes of this Act718HMinister may share offshore information or things
with other entities718IPersonal information
68New clause 48 inserted in Schedule 5
48Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014
Part 6—Petroleum Act 1998
69New section 101A inserted
101AFurther statutory condition of authority—hydraulic fracturing
70New section 101B inserted
101BFurther statutory condition of authority—agreements under Traditional Owner Settlement Act 2010
71Special drilling authorisation surrendered if primary
authorisation surrendered
Part 7—Pipelines Act 2005
72Definitions
73When must a consultation plan be prepared?
74Application where agreement for entry to land cannot be
reached75Effect of consent
76Notice of pipeline corridor
77What must application contain?
78Minister may ask for further information
79Notice of application
80Further references to proponent in licensing provisions
81Request for decision on application
82New section 38 substituted
38Determination whether to refer submissions to panel
83Panel to consider submissions
84When must an application be determined?
85Decision on application
86What does the licence authorise?
87Licence to remain in force indefinitely
88Alteration of authorised route
89Application to alter authorised route—significant alterations
90New sections 68A to 68K inserted
68ARequirements for consultation plan for proposed significant alteration
68BApproval of consultation plan for proposed significant alteration
68CCompliance with approved consultation plan for proposed significant alteration
68DNotice of intention to enter land for survey
68ELicensee must seek agreement or consent to entry for survey
68FConsent to entry onto Crown land
68GApplication where agreement for entry to land cannot
be reached68HNotice to owners and occupiers of application
68IAdvice to Minister from owners and occupiers of land
68JMinister may consent to entry onto land
68KEffect of consent
91New section 73 substituted
73Application to consolidate licences
92New section 77 substituted
77Decision on application
93When does the ongoing licence take effect?
94Purchase or acquisition of easements
95Decision of Minister on acquisition of easements
96Construction to be along authorised route
97Restriction on building on land near pipeline
98New Division 4 inserted in Part 11
Division 4—Infringements
183AInfringements
99Pipelines Register
100New section 186B inserted
186BEffect of registration
101Panel hearings
Part 8—Repeal of Amending Act
102Repeal of amending Act
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Endnotes
Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014
No. 68 of 2014
[Assented to 23 September 2014]
The Parliament of Victoria enacts:
Part 1—Preliminary
1Purposes
The purposes of this Act are—
(a)to amend the Geothermal Energy Resources Act 2005, the Greenhouse Gas Geological Sequestration Act 2008, the Mineral Resources (Sustainable Development) Act 1990 and the Petroleum Act 1998 to prohibit the use of BTEX chemicals in hydraulic fracturing; and
(b)to make other amendments to those Acts; and
(c)to amend the Offshore Petroleum and Greenhouse Gas Storage Act 2010 and the Pipelines Act 2005.
2Commencement
(1)Subject to subsection (3), this Act (except section 64) comes into operation on a day or days to be proclaimed.
(2)Section 64 comes into operation on the later of—
(a)the day on which section 44 comes into operation; and
(b)the day on which section 879 of the Water Act 2014 comes into operation.
(3)If a provision of this Act (except section 3, 6, 13, 25, 63, 64 or 69) does not come into operation before 1 September 2015, it comes into operation on that day.
__________________
Part 2—Geothermal Energy Resources Act 2005
3New section 63B inserted
After section 63A of the Geothermal Energy Resources Act 2005 insert—
"63B Further statutory condition of authority—hydraulic fracturing
(1)In addition to any other conditions, an authority is subject to the condition that the use of restricted hydraulic fracturing substances is prohibited in carrying out any hydraulic fracturing permitted by the authority.
(2)Despite anything to the contrary in this Act, this condition cannot be varied.
(3)In this section—
hydraulic fracturing means the injection of a substance or substances into a bore under pressure for the purposes of stimulating a geological formation;
restricted hydraulic fracturing substances means fluids or gases used for the purpose of hydraulic fracturing that contain petroleum hydrocarbons containing benzene, ethylbenzene, toluene or xylene in more than the maximum amount prescribed by the regulations.".
4New section 63C inserted
Before section 64 of the Geothermal Energy Resources Act 2005 insert—
"63C Further statutory condition of authority—agreements under Traditional Owner Settlement Act 2010
In addition to any other conditions, an authority is subject to the condition that the holder of the authority comply with any conditions specified in a land use activity agreement under section 31(3) of the Traditional Owner Settlement Act 2010 that were accepted by the applicant for the authority.".
__________________
Part 3—Greenhouse Gas Geological Sequestration Act 2008
5Special access authorisations
(1)Section 124(1)(d) of the Greenhouse Gas Geological Sequestration Act 2008 is repealed.
(2)For section 124(3) of the Greenhouse Gas Geological Sequestration Act 2008 substitute—
"(3)It is not necessary for the holder of a special access authority to be the holder of an exploration permit, a retention lease or an injection and monitoring licence.".
(3)In section 125(1) of the Greenhouse Gas Geological Sequestration Act 2008, for "The holder of an exploration permit, retention lease or an injection and monitoring licence" substitute "A person".
(4)Sections 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144 and 145 of the Greenhouse Gas Geological Sequestration Act 2008 are repealed.
6New section 158A inserted
After section 158 of the Greenhouse Gas Geological Sequestration Act 2008 insert—
"158A Further statutory condition of authority—hydraulic fracturing
(1)In addition to any other conditions, an authority is subject to the condition that the use of restricted hydraulic fracturing substances is prohibited in carrying out any hydraulic fracturing permitted by the authority.
(2)Despite anything to the contrary in this Act, this condition cannot be varied.
(3)In this section—
hydraulic fracturing means the injection of a substance or substances into a bore under pressure for the purposes of stimulating a geological formation;
restricted hydraulic fracturing substances means fluids or gases used for the purpose of hydraulic fracturing that contain petroleum hydrocarbons containing benzene, ethylbenzene, toluene or xylene in more than the maximum amount prescribed by the regulations.".
7New section 158B inserted
Before section 159 of the Greenhouse Gas Geological Sequestration Act 2008 insert—
"158B Further statutory condition of authority—agreements under Traditional Owner Settlement Act 2010
In addition to any other conditions, an authority is subject to the condition that the holder of the authority comply with any conditions specified in a land use activity agreement under section 31(3) of the Traditional Owner Settlement Act 2010 that were accepted by the applicant for the authority.".
8Repeal of reference to special access well plans
In sections 159(1), 160(1) and 161(1) of the Greenhouse Gas Geological Sequestration Act 2008, for ", an injection and monitoring plan or a special access well plan" substitute "or an injection and monitoring plan".
9Special drilling authorisation surrendered if primary authorisation surrendered
(1)In the heading to section 175A of the Greenhouse Gas Geological Sequestration Act 2008, after "authorisation" (where twice occurring) insert "surrendered,".
(2)After section 175A(2) of the Greenhouse Gas Geological Sequestration Act 2008 insert—
"(3)If a primary authorisation that is the basis for a special drilling authorisation granted under Part 8A is surrendered under this Act or the Offshore Petroleum and Greenhouse Gas Storage Act 2010, the special drilling authorisation that relates to that primary authorisation is taken to be surrendered on the same day the primary authorisation is surrendered.".
10New section 187A inserted
After section 187 of the Greenhouse Gas Geological Sequestration Act 2008 insert—
"187A Authorities not personal property
For the purposes of section 8(1)(k) of the Personal Property Securities Act 2009 of the Commonwealth, an authority is declared not to be personal property.".
11Injection and monitoring operations also override planning schemes
(1)In section 190(1) of the Greenhouse Gas Geological Sequestration Act 2008, for "Despite anything to the contrary in any planning scheme applying to a licence area, the holder" substitute "The holder".
(2)After section 190(1) of the Greenhouse Gas Geological Sequestration Act 2008 insert—
"(1A)In addition, if the holder of an injection and monitoring licence or a greenhouse gas injection licence holds a special drilling authorisation, the holder may be granted a permit under a planning scheme to carry out in the drilling authorisation area for that authorisation any greenhouse gas substance injection and monitoring authorised by that authorisation.
(1B)Subsections (1) and (1A) apply despite anything to the contrary in a planning scheme that applies to a licence area or drilling authorisation area mentioned in those subsections.".
(3)In section 190(2) of the Greenhouse Gas Geological Sequestration Act 2008, for "This section applies" substitute "Subsections (1) and (1A) apply".
12Repeal of further references to special access well plans
(1)In section 212(4) of the Greenhouse Gas Geological Sequestration Act 2008—
(a)in paragraph (b), for "plans;" substitute "plans.";
(b)paragraph (c) is repealed.
(2)In section 303(1)(h) of the Greenhouse Gas Geological Sequestration Act 2008 omit ", special access well plans,".
__________________
Part 4—Mineral Resources (Sustainable Development) Act 1990
13Definitions
Insert the following definitions in section 4(1) of the Mineral Resources (Sustainable Development) Act 1990—
"hydraulic fracturing means the injection of a substance or substances into a bore under pressure for the purposes of stimulating a geological formation;
restricted hydraulic fracturing substances means fluids or gases used for the purpose of hydraulic fracturing that contain petroleum hydrocarbons containing benzene, ethylbenzene, toluene or xylene in more than the maximum amount prescribed by the regulations;".
14Deep Lead Nature Conservation Reserve (No. 2)
In section 6A(4) of the Mineral Resources (Sustainable Development) Act 1990, for "tourism" substitute "tourist".
15Minister may exempt land from being subject to a licence
In section 7(2) of the Mineral Resources (Sustainable Development) Act 1990—
(a)in paragraph (b), after "1970" insert "as in force before its repeal";
(b)after paragraph (b) insert—
"(ba)if, in the Minister's opinion, the exemption is required for the implementation of a recommendation of the Victorian Environmental Assessment Council under the Victorian Environmental Assessment Council Act 2001 to the extent that it has been accepted by the Government;".
16New section 8AA substituted
For section 8AA of the Mineral Resources (Sustainable Development) Act 1990 substitute—
"8AA Offence to search for stone without consent
A person must not search for stone or carry out any survey or other operation for the purpose of searching for stone—
(a)on Crown land without consent under section 77A(1) and any consent required under section 77A(2); or
(b)on any private land without—
(i)the consent of the owner of the land and any consent required under section 77A(2), if the body whose consent is required under that section is not the owner; or
(ii)the authority of the Minister under section 112 and any consent required under section 77A(2).
Penalty:50 penalty units.".
17Royalties
In sections 12(2) and 12A(4) of the Mineral Resources (Sustainable Development) Act 1990, after "14(2)(b)" insert "or 14B(2A) (as the case requires)".
18Prospecting licences
After section 14B(4) of the Mineral Resources (Sustainable Development) Act 1990 insert—
"(5)For the purposes of section 8(1)(k) of the Personal Property Securities Act 2009 of the Commonwealth, a prospecting licence is declared not to be personal property.".
19Retention licences
(1)For section 14C(3)(b) of the Mineral Resources (Sustainable Development) Act 1990 substitute—
"(b)may be renewed in accordance with the provisions of this Part; and".
(2)After section 14C(4) of the Mineral Resources (Sustainable Development) Act 1990 insert—
"(5)For the purposes of section 8(1)(k) of the Personal Property Securities Act 2009 of the Commonwealth, a retention licence is declared not to be personal property.".
20Application for a licence
(1)After section 15(1BG) of the Mineral Resources (Sustainable Development) Act 1990 insert—
"(1BH)Unless otherwise provided by the regulations, an application for a mining licence, prospecting licence or retention licence must include a survey of the boundaries of the land proposed to be covered by the licence in accordance with Division 3A.".
(2)For section 15(9) of the Mineral Resources (Sustainable Development) Act 1990 substitute—
"(9)In consenting to the granting of a mining licence, prospecting licence or retention licence over land that is covered by an exploration licence or that is the subject of an application for an exploration licence, the holder of, or the applicant for, the exploration licence may make the consent conditional on specified depth restrictions.".
21New section 16B inserted
After section 16A of the Mineral Resources (Sustainable Development) Act 1990 insert—
"16B Application for mining licence where retention licence covers same land
(1)This section applies if—
(a)an application is made for a mining licence in relation to land covered by a retention licence; and
(b)the retention licence will expire before the Minister grants or refuses to grant the mining licence.
(2)Despite anything to the contrary in this Act, the part of the retention licence that covers the land that is the subject of the application continues in effect after the date it would have otherwise expired until the Minister grants or refuses to grant the mining licence.".
22Notice of applications with the highest ranking
In section 18(c) of the Mineral Resources (Sustainable Development) Act 1990, after "mining licence" insert "or prospecting licence".
23Grant or refusal of licence under Division 2 of Part 2
In section 25 of the Mineral Resources (Sustainable Development) Act 1990—
(a)after subsection (1)(e)(ii) insert—
"(iii)a prospecting licence, if the application is for a prospecting licence; or
(iv)a retention licence, if the application is for a retention licence; or";
(b)in subsection (3), for "or the regulations" substitute "and the regulations";
(c)in subsection (6)—
(i)for "mining licence" substitute "prospecting licence";
(ii)for "section 30" substitute "section 38A".
24Licence condition regarding documents provided to Minister
In section 26(4A) of the Mineral Resources (Sustainable Development) Act 1990 omit "mining".
25Prohibition on using BTEX chemicals in hydraulic fracturing
After section 26(4A) of the Mineral Resources (Sustainable Development) Act 1990 insert—
"(5)It is a condition of a licence that the use of restricted hydraulic fracturing substances is prohibited in carrying out any hydraulic fracturing permitted by the licence.
Note
See section 4(1) for the meaning of hydraulic fracturing and restricted hydraulic fracturing substances.".
26Licence condition regarding agreements under Traditional Owner Settlement Act 2010
Before section 26(8) of the Mineral Resources (Sustainable Development) Act 1990 insert—
"(7)It is a condition of a licence that the licensee comply with any conditions specified in a land use activity agreement under section 31(3) or 31(3A) of the Traditional Owner Settlement Act 2010 that were accepted by the applicant for the licence.".
27Definition of exempted land for Division 3 of Part 2
For section 26AA(a) of the Mineral Resources (Sustainable Development) Act 1990 substitute—
"(a)that has been exempted under section 7 from being subject to a licence; and".
28Licence procedure under Subdivision 2 of Division 3 of Part 2
(1)In section 26AD(2) of the Mineral Resources (Sustainable Development) Act 1990, for "Sections 15(1C), 15(1BC) to (1BG)" substitute "Sections 15(1BC) to (1BG), 15(1BH), 15(1C)".
(2)After section 26AF(1)(a)(ii) of the Mineral Resources (Sustainable Development) Act 1990 insert—
"(iii)a prospecting licence, if the application is for a prospecting licence; or
(iv)a retention licence, if the application is for a retention licence; or".
(3)In section 26AF(4) of the Mineral Resources (Sustainable Development) Act 1990, after "26(4A)" insert ", 26(5)".
(4)In section 26AF(4) of the Mineral Resources (Sustainable Development) Act 1990, before "and 26(8)" insert ", 26(7)".
29Licence procedure under Subdivision 3 of Division 3 of Part 2
(1)In section 26AJ(4) of the Mineral Resources (Sustainable Development) Act 1990, after "Sections" insert "15(1BH),".
(2)After section 26AM(1)(a)(ii) of the Mineral Resources (Sustainable Development) Act 1990 insert—
"(iii)a prospecting licence, if the application is for a prospecting licence; or
(iv)a retention licence, if the application is for a retention licence; or".
(3)In section 26AM(5) of the Mineral Resources (Sustainable Development) Act 1990, after "26(4A)" insert ", 26(5)".
(4)In section 26AM(5) of the Mineral Resources (Sustainable Development) Act 1990, before "and 26(8)" insert ", 26(7)".
30New Division 3A inserted in Part 2
After Division 3 of Part 2 of the Mineral Resources (Sustainable Development) Act 1990 insert—
"Division 3A—Survey of land proposed to be covered by mining licence, prospecting licence or retention licence
26ARApplicant to survey boundary of land
(1)A person who intends to apply for a mining licence, prospecting licence or retention licence must survey the boundaries of the land proposed to be covered by the licence in the manner required by the regulations.
Note
The survey must be included in the licence application—see section 15(1BH).
(2)A person is not entitled to enter land for the purpose of surveying boundaries as required by subsection (1), unless—
(a)the person—
(i)has, in the case of private land, the written consent of the owner or occupier of the land to the entry; or
(ii)has, in the case of occupied Crown land, the written consent of the occupier of the land to the entry; or
(iii)has, in the case of any other Crown land, given the person responsible for the management of the land written notice of the intended entry; or
(b)the Department Head grants an authority in writing to the person under section 26AS.
(3)For the purposes of subsection (2), occupied Crown land means any Crown land on which a person is undertaking an activity that is authorised by a lease, licence, permit or other authority granted in respect of that land by, or under, an Act.
26ASAuthority to enter land
(1)The Department Head may grant to a person an authority to enter land for the purposes of section 26AR if the Department Head is satisfied that the person has made reasonable attempts to obtain the consent of the owner or occupier and—
(a)the person has been unable to contact the owner or occupier; or
(b)the owner or occupier has refused or failed to consent.
(2)A person does not trespass on land only because the person exercises reasonable access to the land—
(a)in accordance with an authority to enter the land; and
(b)for the purpose of surveying the boundaries of the land proposed to be covered by the licence.
(3)An authority to enter land expires—
(a)12 months after the date on which the authority was granted; or
(b)when the licence application in relation to which the authority was granted is determined—
whichever is the earlier.
(4)The Department Head must serve on the owner and occupier of land a copy of an authority that is granted under this section to enter the land as soon as is practicable after the authority is granted.
26ATOffence not to show authority
A person who enters land under an authority to enter land granted under section 26AS must comply with any request made by the owner or occupier of the land to be shown a copy of the authority.
Penalty:10 penalty units.
26AUSecurity
(1)Before granting an authority to enter land under section 26AS, the Department Head must require the person to provide a security, of an amount and kind specified by the Department Head, against the risk of damage to the property of the owner or occupier of the land as a result of the person's entry on to, or activities on, the land.
(2)The Department Head—
(a)may use the security, or part of it, to compensate the owner or occupier for any damage resulting from that entry or those activities; and
(b)must return the balance of the security to the applicant no later than 30 days after the day on which the authority expires or is withdrawn.
26AVInsurance
A person must not enter any land or carry out any surveying for the purposes of section 26AR unless the person is insured for an amount determined by the Department Head against any risk that might arise if the owner or occupier of the land were to sustain a personal injury as a result of the person's entry on to, or activities on, the land.
Penalty:In the case of a corporation, 1000 penalty units.
In any other case, 200 penalty units.
Default Penalty:
In the case of a corporation, 20 penalty units.
In any other case, 10 penalty units.".
31Statement of economic significance if agricultural land covered by licence
In section 26A of the Mineral Resources (Sustainable Development) Act 1990—
(a)in subsection (1), for "work" substitute "mining";
(b)in subsection (2)—
(i)for "work" (where first and secondly occurring) substitute "mining";
(ii)in paragraph (b), for "do the work" substitute "carry out the mining";
(c)in subsection (4)—
(i)in paragraph (a), for "proposed work" substitute "proposed mining";
(ii)in paragraph (b), after "relevant" insert "application for approval of".
32Tendering process
For section 27(3) of the Mineral Resources (Sustainable Development) Act 1990 substitute—
"(3)A tender for a licence may be over land that has been exempted under section 7 from being subject to a licence.".
33Application of provisions to tenders
In section 27D(3) of the Mineral Resources (Sustainable Development) Act 1990, for "section 15(6) to (6C) and 16A" substitute "section 15(6) and (6A)".
34Minister may not accept any tenders
In section 27E(3)(b) of the Mineral Resources (Sustainable Development) Act 1990, for "an exploration licence or a mining licence, or both," substitute "a licence,".
35Renewals of licences
For section 31(8) of the Mineral Resources (Sustainable Development) Act 1990 substitute—
"(8)In the case of an application for the renewal of a mining licence (including an infrastructure mining licence), the Minister may renew the licence if—
(a)mining is taking place under the licence at the time of the application and the Minister is satisfied that there is a reasonable prospect that mining will continue after that renewal; or
(b)mining had taken place under the licence before the date of the application and the Minister is satisfied that there is a reasonable prospect that mining will recommence within 2 years after renewal of the licence.".
36Period of renewal
After section 32(1) of the Mineral Resources (Sustainable Development) Act 1990 insert—
"(1A)A retention licence that has been renewed has effect for the period not exceeding 10 years that is specified in the notice of renewal.".
37Transfer of licence
(1)For section 33(3) of the Mineral Resources (Sustainable Development) Act 1990 substitute—
"(3)Before approving an instrument of transfer, the Minister must be satisfied that—
(a)the proposed transferee complies with section 15(6)(a), (b), (ba), (c) and (d); and
(b)subject to subsection (3B), the existing licensee has paid all outstanding fees, bonds, royalties and rents in respect of the licence; and
(c)subject to subsection (3C), in the case of an existing licensee who has a work plan, the work plan is adequate.".
(2)After section 33(3A) of the Mineral Resources (Sustainable Development) Act 1990 insert—
"(3B)If the existing licensee has not paid all outstanding fees, bonds, royalties and rents in respect of the licence, the Minister may approve the instrument of transfer subject to the proposed transferee agreeing to pay the amounts outstanding.
(3C)If the existing licensee has a work plan and the Minister is not satisfied that the work plan relating to the licence is adequate, the Minister may approve the instrument of transfer subject to the proposed transferee being required to submit a new work plan for approval by the Department Head within the time specified by the Minister.".
38Cancellation of licence
For section 38(1)(b)(vi) of the Mineral Resources (Sustainable Development) Act 1990 substitute—
"(vi)subject to subsection (1A), the licensee no longer complies with section 15(6)(a), (b), (ba), (c) or (d); or".
39Decrease in area under exploration licence
(1)In section 38A of the Mineral Resources (Sustainable Development) Act 1990—
(a)in subsections (2), (2A) and (2B) omit "as originally granted";
(b)in subsection (5)(b) omit "with a common expiry date over adjoining areas".
(2)After section 38A(5) of the Mineral Resources (Sustainable Development) Act 1990 insert—
"(6)In this section, a reference to the total number of graticular sections covered by a licence is a reference to—
(a)if the licence has not been amalgamated with another licence, the number of graticular sections covered by the licence as originally granted; or
(b)if the licence has been amalgamated with another licence, the total of—
(i)the number of graticular sections covered by the licence as originally granted; and
(ii)the number of graticular sections covered by the licence with which the licence was amalgamated, as originally granted.".
40Repeals consequential on new Division 3A of Part 2
Sections 38AA, 38AB, 38AC, 38AD and 38AE of the Mineral Resources (Sustainable Development) Act 1990 are repealed.
41Work plan
In sections 40(5) and 41(4) of the Mineral Resources (Sustainable Development) Act 1990, after "mining licence" insert "or prospecting licence".
42Licensee to submit area work plan schedule
In the heading to section 41AD of the Mineral Resources (Sustainable Development) Act 1990, for "plan work" substitute "work plan".
43Functions of Department Head regarding mining register
(1)After section 69(2)(xva) of the Mineral Resources (Sustainable Development) Act 1990 insert—
"(xvb)written undertakings entered into under section 107;".
(2)After section 69(4) of the Mineral Resources (Sustainable Development) Act 1990 insert—
"(5)The Department Head may refuse to accept for registration an approved instrument of transfer if the proposed transferee has not paid all outstanding fees, bonds, royalties and rents in respect of the licence agreed to under section 33B.".
44New Division 1 of Part 6A substituted
For Division 1 of Part 6A of the Mineral Resources (Sustainable Development) Act 1990 substitute—
"Division 1—Searching for stone
77AConsent to search for stone on certain land
(1)A person who proposes to search for stone on Crown land must obtain the consent of the Crown land Minister.
(2)A person who proposes to search for stone on land that is owned by, vested in or managed or controlled by an Authority under the Water Act 1989 must obtain the consent of that Authority.
(3)A consent under subsection (1) or (2)—
(a)must not be unreasonably withheld; and
(b)may be granted subject to conditions.
(4)The Crown land Minister whose consent is sought under subsection (1) must, within 60 days (or any longer period allowed by the Crown land Minister) after the consent being sought, grant that consent (whether subject to conditions or not) or refuse to consent.
(5)An Authority under the Water Act 1989 whose consent is sought under subsection (2) must, within 60 days after the consent being sought, grant that consent (whether subject to conditions or not) or refuse that consent.
(6)An Authority under the Water Act 1989 that does not comply with subsection (5) is taken to have given the consent sought.
(7)A person or body that refuses to consent must, within 7 days after the decision to refuse, give the person who sought the consent a statement in writing of the reasons for the decision.
Note
Section 6AA sets out land that is not available for searching for stone.
77BDepth restriction on searching for stone on land adjacent to waterways or water infrastructure
A person must not search for stone at a depth of more than 0·75 metres below any land that is within 100 metres of—
(a)a waterway that is owned by, vested in or managed or controlled by an Authority under the Water Act 1989; or
(b)any main drains, sewers, aqueducts, channels or pipelines of that Authority—
unless the person has first consulted the Authority and searches for stone in compliance with any conditions specified by the Authority.
77CNotice of proposed searching for stone on land on which there are roads etc.
A person who proposes to search for stone on land on which there is a public highway, road or street must give 21 days notice of the proposed searching to the person or body having the care or management of the public highway, road or street.".
45Work plan for extractive industries
For section 77G(2)(a) of the Mineral Resources (Sustainable Development) Act 1990 substitute—
"(a)on land that has an area not exceeding 5 hectares and at a depth not exceeding 5 metres; and".
46Transfer of an extractive industry work authority
(1)In section 77N(2)(b) of the Mineral Resources (Sustainable Development) Act 1990, before "the Minister" insert "in the case of an existing extractive industry work authority holder who has a work plan,".
(2)In section 77N(3) of the Mineral Resources (Sustainable Development) Act 1990, after "If" insert "the existing extractive industry work authority holder has a work plan and".
47New section 77OA inserted
After section 77O of the Mineral Resources (Sustainable Development) Act 1990 insert—
"77OA Surrender of an extractive industry work authority
The holder of an extractive industry work authority may, with the consent of the Minister, surrender the authority by notice in writing.".
48Land subject to a licence under Part 2
(1)For section 77S(1) of the Mineral Resources (Sustainable Development) Act 1990 substitute—
"(1)A person who applies for an extractive industry work authority in respect of land which is the subject of a licence under Part 2 must, on the same day that the applicant lodges the application—
(a)send a copy of the application to any holder of a licence under Part 2 relating to the land or any part of the land to which the application applies; and
(b)send a notice to any holder of a licence referred to in paragraph (a) seeking consent to the granting of the extractive industry work authority.".
(2)In section 77S(2)(b) of the Mineral Resources (Sustainable Development) Act 1990, for "subsection (1)(b) and a notice seeking consent under subsection (1)(c)" substitute "subsection (1)(a) and a notice seeking consent under subsection (1)(b)".
49Rehabilitation plan
In section 79 of the Mineral Resources (Sustainable Development) Act 1990—
(a)in paragraph (a)(iv), after "mining licence" insert ", prospecting licence";
(b)in paragraph (b)(ii), after "mining licence" insert "or prospecting licence".
50Rehabilitation bond
In section 80 of the Mineral Resources (Sustainable Development) Act 1990—
(a)in subsection (2), after "mining licence" insert "or prospecting licence";
(b)in subsection (6), for "The licensee" substitute "An authority holder".
51Return of bond if rehabilitation satisfactory
In section 82(2) of the Mineral Resources (Sustainable Development) Act 1990, after "mining licence" insert "or prospecting licence".
52Limit on total amount of compensation
In section 89(3) of the Mineral Resources (Sustainable Development) Act 1990, for "or (1A)(b)" substitute "or (1A)(d)".
53Compensation—search authorities
In section 89AA(1) of the Mineral Resources (Sustainable Development) Act 1990, for "section 77C" substitute "section 112 to enter for the purpose of searching for stone".
54Power to enter
(1)For section 94(1) of the Mineral Resources (Sustainable Development) Act 1990 substitute—
"(1)At any time during working hours, an inspector may enter a place that the inspector reasonably believes—
(a)is a worksite; or
(b)is a place where an activity is being or has been conducted in contravention of section 8, 8AA or 8AB.".
(2)In section 94(2) of the Mineral Resources (Sustainable Development) Act 1990, for "any place that the inspector reasonably believes is a worksite" substitute "a place referred to in subsection (1)".
55New Division 1 inserted in Part 12
After the heading to Part 12 of the Mineral Resources (Sustainable Development) Act 1990 insert—
"Division 1—Definitions
105ADefinitions
In this Part—
authorised person means a person authorised by the Minister under section 110AB(2);
authority means a licence, an extractive industry work authority, a miner's right or a tourist fossicking authority.
Division 2—Infringements".
56New Division 3 inserted in Part 12
After section 106 of the Mineral Resources (Sustainable Development) Act 1990 insert—
"Division 3—Enforceable undertakings
107Enforceable undertakings
(1)This section applies if—
(a)the Minister believes on reasonable grounds that the holder of an authority—
(i)has contravened or is likely to contravene this Act or the regulations; or
(ii)has not complied with any condition to which the authority is subject or any condition specified under section 44; or
(iii)has not complied with any condition applying to the carrying out of the work plan under the authority; or
(iv)has undertaken work on land otherwise than in accordance with the work plan under the authority; and
(b)the Minister considers that, having regard to the criteria specified in guidelines made under section 120A, an undertaking under this section is an appropriate enforcement mechanism.
(2)If this section applies, the Minister and the holder of the authority may enter into a written undertaking.
(3)The holder of an authority may with the consent of the Minister withdraw or vary an undertaking.
(4)While an undertaking is in force in respect of a contravention or other thing that is an offence, proceedings may not be brought for an offence constituted by the contravention or other thing.
(5)If the holder of an authority withdraws an undertaking in respect of a contravention or other thing that is an offence before the undertaking has been fulfilled, proceedings may be brought for the offence constituted by the contravention or other thing.
(6)If the holder of an authority complies with the requirements of an undertaking in respect of a contravention or other thing that is an offence, no further proceedings may be brought for an offence constituted by the contravention or other thing.
(7)The Minister may publish an undertaking in any manner the Minister considers appropriate.
108Offence to contravene an undertaking
The holder of an authority must not contravene an undertaking entered into by the holder under section 107 that is in force.
Penalty:In the case of a corporation, 2500 penalty units.
In any other case, 500 penalty units.".
57Further amendment of Part 12
In the Mineral Resources (Sustainable Development) Act 1990—
(a)before section 110 insert—
"Division 4—Remedial notices and orders and enforcement orders";
(b)sections 110(7) and 110A(3) are repealed;
(c)before section 111 insert—
"Division 5—General".
58Surveys and drilling operations
(1)In the heading to section 112 of the Mineral Resources (Sustainable Development) Act 1990, after "Surveys" insert ", searches".
(2)In section 112 of the Mineral Resources (Sustainable Development) Act 1990—
(a)in subsection (1), for "mining or geological survey" substitute "mining, geological survey or searching for stone";
(b)in subsection (3)(a), (d) and (e), after "survey" insert ", search".
59Occupiers liability
For section 115(3) of the Mineral Resources (Sustainable Development) Act 1990 substitute—
"(3)An occupier of any premises does not owe a duty to take care of any person entering those premises for the purposes of surveying the boundaries of land proposed to be covered by a mining licence, prospecting licence or retention licence—
(a)with the consent of the occupier; or
(b)under an authority to enter granted under section 26AS.
(3A)Subsection (3) does not apply if the occupier is also the person who intends to apply for the mining licence, prospecting licence or retention licence (as the case requires).".
60Secrecy
(1)In section 119 of the Mineral Resources (Sustainable Development) Act 1990—
(a)in subsection (2)—
(i)for "a licensee" substitute "an authority holder";
(ii)in paragraph (a), for "the licensee" substitute "the authority holder";
(b)in subsection (3), for "licensee" substitute "authority holder".
(2)After section 119(3) of the Mineral Resources (Sustainable Development) Act 1990 insert—
"(4)In this section—
authority holder has the same meaning as in section 77U.".
61Regulations
For section 124(1)(d) of the Mineral Resources (Sustainable Development) Act 1990 substitute—
"(d)the manner of surveying the boundaries of land; and".
62Repeal of spent provisions
Sections 126 and 128 of, and Schedule 1 to, the Mineral Resources (Sustainable Development) Act 1990 are repealed.
63Low impact exploration
In section 41 of the Mineral Resources (Sustainable Development) Amendment Act 2014, in proposed clause 2 of Schedule 4A to the Mineral Resources (Sustainable Development) Act 1990, the definition of hydraulic fracturing is repealed.
64Amendments consequential on Water Act 2014
In sections 77A(2), 77A(5), 77A(6) and 77B(a) of the Mineral Resources (Sustainable Development) Act 1990, for "Water Act 1989" substitute "Water Act 2014".
65New section 140 inserted
After section 139 of the Mineral Resources (Sustainable Development) Act 1990 insert—
"140 Savings and transitional provisions—Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014
(1)A person who made an application for a mining licence, prospecting licence or retention licence (whether or not that application has been granted) immediately before the commencement of section 15(1BH) of the Mineral Resources (Sustainable Development) Act 1990 as inserted by section 20 of the Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014 must continue to comply with sections 38AA to 38AE of the Mineral Resources (Sustainable Development) Act 1990 (as in force immediately before their repeal).
(2)The requirements of section 15(1BH) of the Mineral Resources (Sustainable Development) Act 1990 as inserted by section 20 of the Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014 do not apply to an application for a mining licence, prospecting licence or retention licence that was made immediately before the commencement of that section.
(3)If, immediately before the commencement of section 37 of the Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014, the Minister received a request to approve an instrument of transfer under section 33 of the Mineral Resources (Sustainable Development) Act 1990, section 33(3) of the Mineral Resources (Sustainable Development) Act 1990 (as in force immediately before that commencement) applies to that request for approval.
(4)A person who complied with the requirements of section 77S(1) of the Mineral Resources (Sustainable Development) Act 1990 (as in force immediately before the commencement of section 48 of the Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014) is not required to comply with section 77S(1) as amended by section 48 of the Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014 in respect of that application for an extractive industry work authority.".
__________________
Part 5—Offshore Petroleum and Greenhouse Gas Storage Act 2010
66Rights conferred by greenhouse gas assessment permit
For section 286(1)(c) and (d) of the Offshore Petroleum and Greenhouse Gas Storage Act 2010 substitute—
"(c)to inject, on an appraisal basis, a greenhouse gas substance into a part of a geological formation, so long as—
(i)the relevant well is situated in the permit area; or
(ii)the relevant well is situated adjacent to the permit area and the greenhouse gas substance is injected in accordance with a special drilling authorisation granted under Part 8A of the Greenhouse Gas Geological Sequestration Act 2008; and
(d)to store, on an appraisal basis, a greenhouse gas substance into a part of a geological formation, so long as—
(i)the injection of the stored greenhouse gas substance takes place at a well that is situated in the permit area; or
(ii)the injection of the stored greenhouse gas substance takes place at a well that is situated adjacent to the permit area and in accordance with a special drilling authorisation granted under Part 8A of the Greenhouse Gas Geological Sequestration Act 2008; and".
67New Part 6.10 inserted
After Part 6.9 of the Offshore Petroleum and Greenhouse Gas Storage Act 2010 insert—
"Part 6.10—Using and sharing offshore information and things
Division 1—Introduction
718BSimplified outline
(1)This section sets out a simplified outline of this Part.
(2)This Part deals with using and making available certain information, documents and things obtained for the purposes of this Act.
(3)The information, documents and things may be—
(a)used by the Minister and the Minister's delegates for the purpose of exercising any of the Minister's powers or performing any of the Minister's functions; and
(b)used within NOPSEMA for the purpose of exercising any of its powers or performing any of its functions; and
(c)shared between the Minister, the responsible Commonwealth Minister, and NOPSEMA; and
(d)shared between the Minister and certain other agencies, including law enforcement agencies and Commonwealth, State and Territory Government agencies.
718CDefinitions
In this Part—
CEO means the Chief Executive Officer of NOPSEMA;
function includes duty;
thing includes a sample;
this Act includes a subordinate instrument under this Act;
under this Act includes for the purposes of this Act.
718DScope of Part
(1)Subject to this section, this Part applies in relation to information, a document, a copy of a document or an extract of a document (the offshore information) or a thing obtained in the course of—
(a)the exercise of a power, or the performance of a function, under this Act; or
(b)the administration of this Act.
(2)The offshore information may be or include personal information (within the meaning of the Privacy and Data Protection Act 2014) or health information (within the meaning of the Health Records Act 2001).
Note
The use or disclosure of personal information is regulated under the Privacy and Data Protection Act 2014 and the use or disclosure of health information is regulated under the Health Records Act 2001.
(3)In particular, but without limiting subsections (1) or (2), this Part applies in relation to offshore information or a thing obtained by the Minister (including obtained by a greenhouse gas project inspector or petroleum project inspector appointed by the Minister, whether under a warrant issued for the purposes of this Act or otherwise) or NOPSEMA (including obtained by an OHS inspector appointed by the CEO, whether under a warrant issued for the purposes of this Act or otherwise).
Example
This Part applies in relation to information given by a person to an OHS inspector under Schedule 3 in response to a requirement made of the person by the inspector to answer a question.
(4)This Part does not, by implication, limit the use of, or making available of, offshore information or a thing otherwise than in accordance with this Part.
(5)This Part does not apply to offshore information or a thing covered by Part 7.3 or a subordinate instrument made for the purposes of that Part.
Division 2—Minister's use of offshore information and things
718EPurposes for which Minister may use offshore information or things
If the Minister obtains offshore information or a thing in the course of the exercise of a power, or the performance of a function, under this Act, the Minister may use the offshore information or thing for the purpose of exercising any power, or performing any function, under this Act.
Division 3—NOPSEMA's use of offshore information and things
718FPurposes for which NOPSEMA may use offshore information or things
If NOPSEMA obtains offshore information or a thing in the course of the exercise of a power, or the performance of a function, under this Act, NOPSEMA may use the offshore information or thing for the purpose of exercising any power, or performing any function, under this Act.
Division 4—Sharing offshore information or things
718GSharing offshore information or things for the purposes of this Act
(1)Any of the following persons may make available offshore information or a thing to another of those persons (the recipient) to use as mentioned in subsection (2)—
(a)the Minister;
(b)the responsible Commonwealth Minister;
(c)NOPSEMA.
(2)The recipient may use the offshore information or thing in the course of the following—
(a)the exercise of powers, or the performance of functions, under this Act;
(b)the administration of this Act.
718HMinister may share offshore information or things with other entities
(1)The Minister may make available offshore information or a thing to one or more of the entities referred to in subsection (2) for the entity to use in the course of the exercise of the entity's powers, or the performance of the entity's functions, under or for the purposes of a law.
(2)The entities are the following—
(a)the Titles Administrator;
(b)each member of a Joint Authority;
(c)the Australian Maritime Safety Authority;
(d)the Civil Aviation Safety Authority;
(e)the Australian Defence Force;
(f)the Australian Federal Police;
(g)Customs;
(h)Victoria Police or the police force of another State or of a Territory;
(i)the Director of Public Prosecutions of Victoria, of the Commonwealth, of another State or of a Territory;
(j)a coroner of Victoria, of another State or of the Northern Territory;
(k)an agency of Victoria, of the Commonwealth, of another State or of a Territory, that is responsible for administering or implementing laws relating to occupational health and safety;
(l)an agency of Victoria, of the Commonwealth, of another State or of a Territory, that is responsible for administering or implementing laws relating to the protection of the environment;
(m)any other agency of Victoria, of the Commonwealth, of another State or of a Territory, that is responsible for investigating contraventions of laws, or administering or ensuring compliance with laws.
(3)If offshore information or a thing is made available to an entity under subsection (1), the Minister may, at any time, by written notice to the entity, impose conditions in relation to—
(a)the entity's use of the offshore information or thing; or
(b)whether, and the extent to which, the entity itself may make the offshore information or thing available to any other entity.
718IPersonal information
(1)This section applies to offshore information to the extent that it is personal information.
(2)Before the information is made available or used as mentioned in this Division, the entity making the information available, or using the information, must take such steps as are reasonable in the circumstances to ensure that the information is de‑identified.
(3)Personal information is de‑identified if the information is no longer about an identifiable individual or an individual who is reasonably identifiable.
__________________".
68New clause 48 inserted in Schedule 5
After clause 47 of Schedule 5 to the Offshore Petroleum and Greenhouse Gas Storage Act 2010 insert—
"48 Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014
(1)Part 6.10 of this Act applies in relation to the following—
(a)offshore information, to the extent that it is personal information, obtained on and after the day on which section 67 of the Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014 came into operation;
(b)other offshore information obtained before, on or after that day;
(c)things obtained before, on or after that day.
(2)The Governor in Council may make regulations in relation to matters of a savings or transitional nature consequent on the enactment of section 67 of the Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014.
(3)In this clause—
offshore information has the same meaning as in section 718D;
personal information has the same meaning as in the Privacy and Data Protection Act 2014.".
__________________
Part 6—Petroleum Act 1998
69New section 101A inserted
After section 101 of the Petroleum Act 1998 insert—
"101A Further statutory condition of authority—hydraulic fracturing
(1)In addition to any other conditions, an authority is subject to the condition that the use of restricted hydraulic fracturing substances is prohibited in carrying out any hydraulic fracturing permitted by the authority.
(2)Despite anything to the contrary in this Act, this condition cannot be varied.
(3)In this section—
hydraulic fracturing means the injection of a substance or substances into a bore under pressure for the purposes of stimulating a geological formation;
restricted hydraulic fracturing substances means fluids or gases used for the purpose of hydraulic fracturing that contain petroleum hydrocarbons containing benzene, ethylbenzene, toluene or xylene in more than the maximum amount prescribed by the regulations.".
70New section 101B inserted
Before section 102 of the Petroleum Act 1998 insert—
"101B Further statutory condition of authority—agreements under Traditional Owner Settlement Act 2010
In addition to any other conditions, an authority is subject to the condition that the holder of the authority comply with any conditions specified in a land use activity agreement under section 31(3) of the Traditional Owner Settlement Act 2010 that were accepted by the applicant for the authority.".
71Special drilling authorisation surrendered if primary authorisation surrendered
(1)In the heading to section 113A of the Petroleum Act 1998, after "authorisation" (where twice occurring) insert "surrendered,".
(2)After section 113A(2) of the Petroleum Act 1998 insert—
"(3)If a primary authorisation that is the basis for a special drilling authorisation granted under Part 6A is surrendered under this Act or the Offshore Petroleum and Greenhouse Gas Storage Act 2010, the special drilling authorisation that relates to that primary authorisation is taken to be surrendered on the same day the primary authorisation is surrendered.".
__________________
Part 7—Pipelines Act 2005
72Definitions
In section 5 of the Pipelines Act 2005—
(a)insert the following definitions—
"applicant means a person who has lodged an application for a licence to construct and operate a pipeline;
pipeline corridor means a corridor of land within which a pipeline is proposed to be constructed;";
(b)for the definition of approved consultation information substitute—
"approved consultation information—
(a)in relation to a proposed pipeline, means the information to be provided to owners and occupiers that is included in an approved consultation plan for that pipeline;
(b)in relation to a proposed significant alteration of the route of a pipeline, means the information to be provided to owners and occupiers that is included in an approved consultation plan for that alteration;";
(c)for the definition of approved consultation plan substitute—
"approved consultation plan means a consultation plan approved under Division 1 of Part 4 or Division 6 of Part 5;";
(d)in the definition of operation, after "includes" insert "testing,";
(e)for the definition of owner substitute—
"owner—
(a)in relation to Crown land, includes the native title holder of the land; and
(b)in relation to private land under the Transfer of Land Act 1958 (other than land in an identified folio under that Act), means the person who is registered or entitled to be registered as the proprietor of the land; and
(c)in relation to other private land, means—
(i)if the land is mortgaged, the mortgagor; and
(ii)if the land is subject to a licence granted under Part 3A of the Victorian Plantations Corporation Act 1993, the licensee, under that Part, of the land; and
(iii)in any other case, the person who has the fee in the land;";
(f)in the definition of proponent omit "or who is an applicant for";
(g)the definition of proposed pipeline corridor is repealed;
(h)for the definition of public authority substitute—
"public authority means a body established for a public purpose by or under any Act;".
73When must a consultation plan be prepared?
In section 16(1) of the Pipelines Act 2005, after "proposed pipeline" insert ", and obtain the Minister's approval of the plan under section 18,".
74Application where agreement for entry to land cannot be reached
In section 22(3) of the Pipelines Act 2005, after "enter Crown land" insert "where the proponent has been unable to obtain the agreement of the occupier,".
75Effect of consent
In section 26(4) of the Pipelines Act 2005—
(a)after "occupier" (where first occurring) insert "or both";
(b)in paragraph (a), for "any native title holder or occupier" substitute "each native title holder and each occupier".
76Notice of pipeline corridor
In section 27(1) and (2)(b) of the Pipelines Act 2005, for "proposed pipeline corridor" substitute "pipeline corridor".
77What must application contain?
In section 30 of the Pipelines Act 2005—
(a)in paragraph (a), for "proponent" substitute "applicant";
(b)in paragraph (d), for "proposed pipeline corridor" substitute "pipeline corridor".
78Minister may ask for further information
In section 31 of the Pipelines Act 2005, for "proponent" substitute "applicant".
79Notice of application
(1)In section 32(1) of the Pipelines Act 2005—
(a)for "proponent" substitute "applicant";
(b)after paragraph (b) insert—
"(ba)the Water Minister; and".
(2)In section 32(4) of the Pipelines Act 2005, for "proponent" substitute "applicant".
80Further references to proponent in licensing provisions
In sections 33(1) and 35 (including the heading to section 35) of the Pipelines Act 2005, for "proponent" (wherever occurring) substitute "applicant".
81Request for decision on application
(1)In section 37(1) of the Pipelines Act 2005, for "proponent" substitute "applicant".
(2)For section 37(2) of the Pipelines Act 2005 substitute—
"(2)The Minister may request the applicant to provide details of how the applicant has addressed or proposes to address any matter raised in the submissions.".
82New section 38 substituted
For section 38 of the Pipelines Act 2005 substitute—
"38 Determination whether to refer submissions to panel
(1)The Minister must determine whether—
(a)to refer the submissions to a panel; or
(b)to proceed to determine the application under Division 3.
(2)A determination under subsection (1) must be made—
(a)within 28 days after the receipt of the request under section 37(1); or
(b)if the Minister has requested further details under section 37(2), within 28 days after the receipt of those details.".
83Panel to consider submissions
In the Pipelines Act 2005—
(a)in section 45(1), for "proponent" substitute "applicant";
(b)in section 46—
(i)for "proponent" substitute "applicant";
(ii)for "proponent's" substitute "applicant's".
84When must an application be determined?
In section 48 of the Pipelines Act 2005—
(a)in subsection (1)(a), for "section 37" substitute "section 37(1)";
(b)after subsection (1)(a) insert—
"(ab)the receipt of any further details requested under section 37(2);";
(c)in subsection (2), for "proponent" substitute "applicant".
85Decision on application
In sections 53(1)(a), 55(1) and 56(3) and 57 of the Pipelines Act 2005, for "proponent" (wherever occurring) substitute "applicant".
86What does the licence authorise?
(1)In section 58(1) of the Pipelines Act 2005 omit "and to deviation from that route within the limits of lateral deviation authorised by the Minister".
(2)After section 58(2) of the Pipelines Act 2005 insert—
"(3)For the purposes of section 8(1)(k) of the Personal Property Securities Act 2009 of the Commonwealth, a licence is declared not to be personal property.".
87Licence to remain in force indefinitely
In section 59(1)(a) of the Pipelines Act 2005, for "proponent" substitute "applicant".
88Alteration of authorised route
Section 65(2) of the Pipelines Act 2005 is repealed.
89Application to alter authorised route—significant alterations
For section 68(3) of the Pipelines Act 2005 substitute—
"(3)Before making the application, the licensee must—
(a)if required to do so by the Minister, prepare a consultation plan for the proposed alteration and obtain the Minister's approval of the plan under section 68B; and
(b)give notice of the proposed alteration to each owner and each occupier of land affected by the proposed alteration; and
(c)consult with each owner and each occupier of land, and each responsible authority for an area, affected by the proposed alteration; and
(d)take all reasonable steps to reach agreement with those persons on the proposed alteration.
(3A)A notice under subsection (3)(b) must—
(a)be in the prescribed form; and
(b)set out the proposed alteration; and
(c)be accompanied by the approved consultation information for the proposed alteration (if any).
(3B)A notice under subsection (3)(b) lapses after 12 months, unless the Minister, in writing, extends that period.".
90New sections 68A to 68K inserted
After section 68 of the Pipelines Act 2005 insert—
"68A Requirements for consultation plan for proposed significant alteration
(1)A consultation plan for a proposed alteration must—
(a)be prepared in accordance with the regulations; and
(b)set out the information that the licensee is to provide to owners and occupiers of land to whom notice must be given under section 68(3)(b).
(2)The information to be provided to owners and occupiers of land must include—
(a)general information about the types of activities to be undertaken by the licensee for the purpose of any survey under this Division in relation to the construction and operation of the proposed alteration; and
(b)information about how potential adverse impacts of the construction and operation of the proposed alteration on land, health, safety and the environment are to be managed; and
(c)details of the procedures that are to be followed under this Act and any other Act to permit the construction and operation of the proposed alteration including the procedures for any compulsory acquisition of land; and
(d)a statement—
(i)advising that owners and occupiers of land may seek independent advice on the proposed alteration; and
(ii)setting out current contact information for the Department.
68BApproval of consultation plan for proposed significant alteration
(1)If the Minister has required a licensee to prepare a consultation plan for a proposed alteration under section 68(3)(a), the licensee must submit the plan to the Minister for approval.
(2)The Minister must within 21 days after receiving a consultation plan under subsection (1)—
(a)decide whether or not to approve the consultation plan; and
(b)advise the licensee of that decision.
(3)If the Minister decides not to approve a consultation plan, the licensee may—
(a)submit a new consultation plan to the Minister for approval; or
(b)submit amendments to the consultation plan to the Minister for approval.
(4)If a new consultation plan or amendments to a consultation plan are submitted to the Minister under subsection (3), the Minister must, within 21 days after receiving the plan or amendments—
(a)decide whether or not to approve the new consultation plan or the consultation plan as amended; and
(b)advise the licensee of that decision.
68CCompliance with approved consultation plan for proposed significant alteration
A licensee must comply with an approved consultation plan for a proposed alteration.
Penalty:20 penalty units.
68DNotice of intention to enter land for survey
(1)If a licensee proposes to alter the authorised route of a pipeline under section 68, the licensee must give written notice to each owner and each occupier of land and, if the land is Crown land, the Crown Land Minister of the licensee's intention to enter that land for the purpose of any survey for the proposed alteration.
(2)A notice under this section must contain the prescribed information and be accompanied by the approved consultation information (if required under section 68(3)(a)).
68ELicensee must seek agreement or consent to entry for survey
If a licensee proposes to alter the authorised route of a pipeline under section 68, the licensee must take all reasonable steps to reach agreement with each owner and each occupier of land in relation to the entry by the licensee onto the land for the purpose of a survey for the proposed alteration.
68FConsent to entry onto Crown land
(1)If a licensee proposes to alter the authorised route of a pipeline under section 68, the licensee must seek the consent of—
(a)the Crown Land Minister to the entry by the licensee onto Crown land; or
(b)the public authority in which Crown land is vested to the entry by the licensee onto that Crown land—
for the purpose of a survey for the proposed alteration.
(2)If an application is made under this section for consent, the Crown Land Minister or the public authority may consent to that entry despite anything to the contrary in any other Act.
(3)A consent under this section must be in writing and may be given subject to any conditions that the Crown Land Minister or the public authority considers appropriate.
(4)The Crown Land Minister must not give a consent under this section in respect of wilderness Crown land.
68GApplication where agreement for entry to land cannot be reached
(1)A licensee may apply to the Minister for consent to enter land if—
(a)the licensee wishes to enter the land for the purpose of a survey for a proposed alteration under section 68; and
(b)the licensee has been unable to obtain the agreement of an owner or occupier of the land to do so within 14 days after notice of intention to enter the land was given to that owner or occupier under section 68D.
(2)An application must be in writing and contain the following information—
(a)evidence of the efforts made by the licensee to reach agreement with the owner or occupier;
(b)details of the proposed survey activity;
(c)details of any possible adverse impact of the survey on safety or the environment or the use of the land and any measures to be taken by the licensee to address that impact.
(3)If the licensee has been unable to obtain the agreement of the occupier, an application cannot be made under this section for consent to enter Crown land unless the consent of the Crown Land Minister has first been obtained under section 68F.
68HNotice to owners and occupiers of application
The licensee must—
(a)give a copy of an application under section 68G to each owner and occupier of the land to which the application relates; and
(b)advise the owner or occupier of their right under section 68I to advise the Minister of their reasons for refusing entry.
68IAdvice to Minister from owners and occupiers of land
(1)An owner or occupier of land to which an application under section 68G relates may advise the Minister of their reasons for refusing to agree to the entry of the licensee onto the land for survey purposes.
(2)An advice under subsection (1) must be in writing and must be made within 7 days after the owner or occupier receives the copy of the application under section 68H.
68JMinister may consent to entry onto land
(1)Within 28 days after receiving an application under section 68G, the Minister must—
(a)consent to the entry onto the land; or
(b)refuse to consent to that entry.
(2)In making a decision under this section, the Minister must take into account—
(a)the information provided by the licensee; and
(b)any advice received from an owner or occupier under section 68I; and
(c)any other matters the Minister thinks fit.
(3)The Minister must not give a consent under this section unless the Minister is satisfied—
(a)with the adequacy of the measures to be taken by the licensee to address any adverse impact of the survey on safety or the environment or the use of land; and
(b)that the notice and approved consultation information (if required under section 68(3)(a)) were given to each owner and occupier of the land under section 68D; and
(c)in the case of Crown land, that the Crown Land Minister has consented to the entry.
(4)The Minister must not give a consent under this section in respect of wilderness Crown land.
(5)A consent under this section must be in writing and—
(a)may be given subject to any conditions that the Minister considers appropriate; and
(b)in the case of Crown land, must be given subject to any conditions imposed in the consent given by the Crown Land Minister.
(6)The Minister must notify the licensee in writing if the Minister refuses consent.
68KEffect of consent
(1)A consent under section 68F or 68J remains in force for 1 year after the day on which the consent is granted.
(2)A licensee who obtains a consent under section 68J may, while the consent is in force, enter the land to which the consent applies.
(3)Subject to subsection (4), a licensee who obtains a consent under section 68F may, while the consent is in force, enter the land to which the consent applies.
(4)If there is a native title holder or occupier of Crown land to which a consent under section 68F applies, a licensee may only enter the land under this section if either—
(a)any native title holder or occupier has agreed to that entry under section 68E; or
(b)a consent under section 68J is in force permitting that entry.
(5)The licensee must produce the relevant consent to the owner or occupier of the land before first entering the land under that consent.
Penalty:In the case of a natural person, 10 penalty units;
In the case of a body corporate, 60 penalty units.
(6)An entry under this section is subject to—
(a)the conditions of the consent; and
(b)the regulations.".
91New section 73 substituted
For section 73 of the Pipelines Act 2005 substitute—
"73 Application to consolidate licences
The licensee may apply to the Minister to consolidate the licences in respect of each of the pipelines into one of those licences ("the ongoing licence") and to make any amendments to the ongoing licence that are necessary or expedient for the purposes of the consolidation.".
92New section 77 substituted
For section 77 of the Pipelines Act 2005 substitute—
"77 Decision on application
(1)If an application is made under section 73, the Minister may—
(a)grant the application and consolidate the licences into the ongoing licence; and
(b)make any amendments to the ongoing licence that are necessary or expedient for the purposes of the consolidation; and
(c)include any additional conditions in the ongoing licence that the Minister considers necessary as a result of the consolidation; and
(d)cancel any licence consolidated in the ongoing licence or, if only part of a pipeline is consolidated, amend a licence accordingly.
(2)The Minister may refuse to consolidate one or more licences under this section.".
93When does the ongoing licence take effect?
Section 78 of the Pipelines Act 2005 is repealed.
94Purchase or acquisition of easements
In the Pipelines Act 2005—
(a)in section 89, after "A proponent" insert ", an applicant";
(b)in section 90—
(i)in subsection (1), for "or licensee" substitute ", an applicant or a licensee";
(ii)in subsection (3), after "Part 4" insert "or Division 6 of Part 5";
(iii)in subsection (5), after "applicant" insert "for consent";
(c)in section 91(1), after "proponent" insert ", applicant";
(d)in the heading to section 92, after "Proponent" insert ", applicant";
(e)in section 92—
(i)in subsection (1), after "proponent" insert ", applicant";
(ii)in subsection (3), after "proponent" insert ", applicant or licensee";
(iii)in subsection (5), after "proponent" (where twice occurring) insert ", applicant";
(f)in section 94(1) and (2), after "proponent" insert ", applicant".
95Decision of Minister on acquisition of easements
(1)In section 95(1)(a) and (1A) of the Pipelines Act 2005, after "proponent" (wherever occurring) insert ", applicant".
(2)For section 95(2) of the Pipelines Act 2005 substitute—
"(2)The Minister must not consent to a compulsory acquisition of an easement by an applicant unless the Minister has decided to grant the licence to construct and operate the pipeline.
(2A)The Minister must not consent to a compulsory acquisition of an easement by a licensee for the purpose of the alteration of the route of a pipeline unless the Minister has decided to grant the application for the proposed alteration.".
(3)After section 95(3) of the Pipelines Act 2005 insert—
"(3A)The Minister must within 28 days after the submission date for the application or the date of the decision to approve or refuse the significant alteration (whichever is the later)—
(a)consent to the compulsory acquisition of the easement; or
(b)refuse to consent to the acquisition.".
96Construction to be along authorised route
In section 99 of the Pipelines Act 2005 omit ", subject to deviation from that route within the limits of lateral deviation authorised by the Minister".
97Restriction on building on land near pipeline
In section 120 of the Pipelines Act 2005—
(a)in subsection (3), for "Secretary" substitute "Minister";
(b)in subsection (4)(a), for "order" substitute "direction".
98New Division 4 inserted in Part 11
After Division 3 of Part 11 of the Pipelines Act 2005 insert—
"Division 4—Infringements
183AInfringements
(1)An inspector who has reason to believe that a person has committed an offence against this Act or the regulations that is prescribed as an infringement offence may serve an infringement notice on that person.
(2)An offence referred to in subsection (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006.
(3)The infringement penalty in respect of an offence referred to in subsection (1) is the prescribed infringement penalty in respect of that offence.".
99Pipelines Register
In section 186(2) of the Pipelines Act 2005—
(a)after paragraph (c) insert—
"(ca)instruments for creating, assigning or affecting interests in, or conferred by, licences (including mortgages); and";
(b)for paragraph (d) substitute—
"(d)instruments of alteration of the authorised route of a pipeline; and".
100New section 186B inserted
After section 186A of the Pipelines Act 2005 insert—
"186B Effect of registration
(1)A document referred to in section 186(2) that is created on or after the commencement of this section (other than one referred to in paragraph (a), (ca) or (e)) has no effect until it is registered.
(2)A document referred to in section 186(2)(ca) that is created on or after the commencement of this section is ineffective for creating, assigning or affecting any interest in or conferred by a licence, or for the devolution of a licence or any interest in or conferred by a licence, until it is registered.".
101Panel hearings
In clause 3(2) of Schedule 2 to the Pipelines Act 2005, for "proponent" substitute "applicant".
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Part 8—Repeal of Amending Act
102Repeal of amending Act
This Act is repealed on the first anniversary of the first day on which all of its provisions are in operation.
Note
The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).
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Endnotes
Minister's second reading speech—
Legislative Assembly: 6 August 2014
Legislative Council: 21 August 2014
The long title for the Bill for this Act was "A Bill for an Act to amend the Geothermal Energy Resources Act 2005, the Greenhouse Gas Geological Sequestration Act 2008, the Mineral Resources (Sustainable Development) Act 1990 and the Petroleum Act 1998 to prohibit the use of BTEX chemicals in hydraulic fracturing and to make other amendments to those Acts, to amend the Offshore Petroleum and Greenhouse Gas Storage Act 2010 and the Pipelines Act 2005 and for other purposes."
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