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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Coal Seam Gas Moratorium Bill 2011
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Definitions 2
Part 2 Prohibition on petroleum prospecting and mining
operations relating to coal seam gas in protected
area
4 Permanent prohibition on petroleum prospecting and mining
operations relating to coal seam gas in protected area 4
5 Cancellation of certain petroleum titles relating to coal seam
gas in protected area 4
6 Permanent prohibition on grant of petroleum titles relating to
coal seam gas in protected area 4
7 Permanent prohibition on renewal of certain petroleum titles
relating to coal seam gas in protected area 4
b2011-054-11.d20
Coal Seam Gas Moratorium Bill 2011
Contents
Page
Part 3 Moratorium on petroleum prospecting and mining
operations relating to coal seam gas outside
protected area
8 Moratorium on petroleum prospecting and mining operations
relating to coal seam gas outside protected area 5
9 Suspension of certain petroleum titles relating to coal seam
gas outside protected area 5
10 Moratorium on grant of certain petroleum titles relating to
coal seam gas outside protected area 5
Part 4 Miscellaneous
11 Operation of Act 6
12 Proceedings for offences 6
Contents page 2
New South Wales
Coal Seam Gas Moratorium Bill 2011
No , 2011
A Bill for
An Act to impose a moratorium on the granting of exploration licences for, and the
production of, coal seam gas; and for other purposes.
Clause 1 Coal Seam Gas Moratorium Bill 2011
Part 1 Preliminary
The Legislature of New South Wales enacts: 1
Part 1 Preliminary 2
1 Name of Act 3
This Act is the Coal Seam Gas Moratorium Act 2011. 4
2 Commencement 5
This Act commences on the date of assent to this Act. 6
3 Definitions 7
(1) In this Act: 8
moratorium period means the 12-month period commencing on the 9
date of assent to this Act. 10
petroleum title relating to coal seam gas means any of the following: 11
(a) an exploration licence under the Petroleum (Onshore) Act 1991 12
granting the holder the exclusive right to prospect for coal seam 13
gas on the land comprised in the licence, 14
(b) an assessment lease under that Act granting the holder the 15
exclusive right to prospect for coal seam gas and to assess any 16
coal seam gas deposit on the land comprised in the lease, 17
(c) a production lease under that Act granting the holder the 18
exclusive right to conduct petroleum mining operations for coal 19
seam gas in and on the land included in the lease, 20
(d) a special prospecting authority under that Act granting the holder 21
the exclusive right to conduct speculative geological, 22
geophysical or geochemical surveys or scientific investigations 23
in relation to coal seam gas on and in respect of the land 24
comprised in the authority. 25
protected area means: 26
(a) an area of land declared to be a special area under section 44 of 27
the Sydney Water Catchment Management Act 1998, and 28
(b) the Sydney metropolitan region. 29
Sydney metropolitan region means the local government areas of City 30
of Sydney, Ashfield, Auburn, Bankstown, Blacktown, Blue Mountains, 31
Botany Bay, Burwood, Camden, Campbelltown, Canada Bay, 32
Canterbury, Fairfield, Hawkesbury, Holroyd, Hornsby, Hunters Hill, 33
Hurstville, Kogarah, Ku-ring-gai, Lane Cove, Leichhardt, Liverpool, 34
Manly, Marrickville, Mosman, North Sydney, Parramatta, Penrith, 35
Pittwater, Randwick, Rockdale, Ryde, Strathfield, Sutherland Shire, 36
Page 2
Coal Seam Gas Moratorium Bill 2011 Clause 3
Preliminary Part 1
The Hills Shire, Warringah, Waverley, Willoughby, Wollondilly and 1
Woollahra. 2
(2) Words and expressions used in this Act, that are defined in the 3
Petroleum (Onshore) Act 1991, have the same meaning as in that Act. 4
Page 3
Clause 4 Coal Seam Gas Moratorium Bill 2011
Part 2 Prohibition on petroleum prospecting and mining operations relating to coal
seam gas in protected area
Part 2 Prohibition on petroleum prospecting and 1
mining operations relating to coal seam gas in 2
protected area 3
4 Permanent prohibition on petroleum prospecting and mining operations 4
relating to coal seam gas in protected area 5
(1) A person must not conduct any petroleum prospecting or petroleum 6
mining operations relating to coal seam gas in relation to land in the 7
protected area. 8
Maximum penalty: 200 penalty units or imprisonment for 2 years, or 9
both. 10
(2) This section applies whether or not the person holds any petroleum title 11
relating to coal seam gas. 12
5 Cancellation of certain petroleum titles relating to coal seam gas in 13
protected area 14
On and from the commencement of this Act: 15
(a) any petroleum title relating to coal seam gas that is in force solely 16
in relation to land in the protected area is cancelled and ceases to 17
have effect, and 18
(b) any petroleum title relating to coal seam gas that is in force in 19
relation to land that includes land in the protected area ceases to 20
have effect in relation to that part of the land that is in the 21
protected area. 22
6 Permanent prohibition on grant of petroleum titles relating to coal seam 23
gas in protected area 24
The Minister administering the Petroleum (Onshore) Act 1991 must not 25
grant any petroleum title relating to coal seam gas in relation to land in 26
the protected area. 27
7 Permanent prohibition on renewal of certain petroleum titles relating to 28
coal seam gas in protected area 29
The Minister administering the Petroleum (Onshore) Act 1991 must not 30
renew any petroleum title relating to coal seam gas in relation to land in 31
the protected area. 32
Page 4
Coal Seam Gas Moratorium Bill 2011 Clause 8
Moratorium on petroleum prospecting and mining operations relating to coal Part 3
seam gas outside protected area
Part 3 Moratorium on petroleum prospecting and 1
mining operations relating to coal seam gas 2
outside protected area 3
8 Moratorium on petroleum prospecting and mining operations relating to 4
coal seam gas outside protected area 5
(1) A person must not, during the moratorium period, conduct any 6
petroleum prospecting or petroleum mining operations relating to coal 7
seam gas in relation to land outside the protected area. 8
Maximum penalty: 200 penalty units or imprisonment for 2 years, or 9
both. 10
(2) This section applies whether or not the person holds any petroleum title 11
relating to coal seam gas. However, it does not prohibit a person from 12
conducting petroleum mining operations that are authorised by a 13
production lease relating to coal seam gas in force immediately before 14
the commencement of this Act. 15
9 Suspension of certain petroleum titles relating to coal seam gas outside 16
protected area 17
On and from the commencement of this Act: 18
(a) any petroleum title (other than a production lease) relating to coal 19
seam gas that is in force solely in relation to land that is outside 20
the protected area is suspended until the end of the moratorium 21
period, and 22
(b) any petroleum title (other than a production lease) relating to coal 23
seam gas that is in force in relation to land that is outside the 24
protected area ceases to have effect until the end of the 25
moratorium period in relation to that part of the land that is 26
outside the protected area. 27
10 Moratorium on grant of certain petroleum titles relating to coal seam gas 28
outside protected area 29
The Minister administering the Petroleum (Onshore) Act 1991 must 30
not, during the moratorium period, grant or renew any petroleum title 31
relating to coal seam gas in relation to land that is outside the protected 32
area. 33
Page 5
Clause 11 Coal Seam Gas Moratorium Bill 2011
Part 4 Miscellaneous
Part 4 Miscellaneous 1
11 Operation of Act 2
This Act operates despite any authorisation or approval under the 3
Petroleum (Onshore) Act 1991. 4
12 Proceedings for offences 5
Proceedings for an offence against this Act are to be dealt with 6
summarily before the Local Court. 7
Page 6
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