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PETROLEUM (ONSHORE) ACT 1991 - SECT 112B Jurisdiction of Land and Environment Court

PETROLEUM (ONSHORE) ACT 1991 - SECT 112B

Jurisdiction of Land and Environment Court

112B Jurisdiction of Land and Environment Court

(1) The Land and Environment Court has jurisdiction to hear and determine proceedings relating to any of the following matters--
(a) any demand concerning the ascertainment and adjustment of boundaries of land held under a petroleum title, or occupied by virtue of an easement or right of way granted under this Act, where such boundaries are in dispute or doubtful--in which case the Court is to ascertain and determine such boundaries by such means as may be found convenient, and may make and give all such orders and directions as may be necessary for the purpose of carrying out or giving effect to its determination,
(b) the right to the occupation of areas of land comprised in a petroleum title and the right to or ownership of petroleum and other materials obtained from them,
(c) the right to the use of areas of land comprised in an easement or right of way granted under this Act,
(d) any encroachments on, infringements of or damage to any land comprised in a petroleum title,
(e) any encroachments on, infringements of or damage to an easement or right of way granted under this Act,
(f) any demand for debt or damages or both arising out of or made in respect of any contract whatever relating to the search for or mining of petroleum,
(g) the right to any petroleum in or to be taken out of any land comprised in a petroleum title or in respect of any matter concerning or arising out of any contract relating to any such petroleum,
(h) any demand concerning or arising out of any partnership or joint venture for or in relation to the search for or mining of petroleum in any land comprised in or held under any petroleum title, easement or right of way granted under this Act, or any partnership or joint venture in any such land, or in any works, machinery or petroleum, or concerning or arising out of any contract for or in connection with any such search or mining, or for the dissolution wholly or in part of any such partnership or joint venture,
(i) any demand concerning contributions to calls or to the expense of working or using any such land or works or any share or interest in any such contributions,
(j) any demand concerning or arising out of any mortgage or assignment by way of security of or charge on any such land, works, machinery, petroleum or any share or interest in any such mortgage or assignment,
(k) any demand concerning the cancellation and delivery up of instruments relating to--
(i) mortgages, charges or encumbrances of or on any such land, works, machinery or petroleum, or any share or interest in them, or
(ii) any assignment of such mortgages, charges and encumbrances, or
(iii) any contract respecting the working or use of any such land, works or machinery or any partnership or joint venture for or in relation to the search for or mining of petroleum or the total or partial dissolution of any such partnership or joint venture,
(l) any money claimed to be due on any account relating to a partnership or joint venture for or in relation to the search for or mining of petroleum or in any way accruing to the complainant from any such partnership or joint venture, or any adventure or interest,
(m) any question or dispute as to--
(i) the validity of a petroleum title, or
(ii) the decision of the Minister in relation to an application for the granting, renewal or transfer of a petroleum title, or
(iii) the decision of the Minister to cancel a petroleum title,
(n) the recovery of any money which any person is liable to pay under this Act or the regulations and for which no other mode of recovery is provided under this Act or the regulations,
(o) all questions and disputes which may arise--
(i) between holders of petroleum titles, or
(ii) between holders of petroleum titles and landholders,
(p) all questions or disputes which may arise as to operations on or the working or management of the land comprised in a petroleum title,
(q) any other matter in respect of which jurisdiction is conferred on the Court by this Act.
(2) Nothing in this section limits or restricts the jurisdiction conferred on any other court by any other Act or law.