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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Mining and Other Legislation
Amendment Bill 2007
Queensland
Mining and Other Legislation Amendment
Bill 2007
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Part 2 Amendment of Coal and Oil Shale Mine Worker's
Superannuation Act 1989
3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
4 Amendment of s 4 (Contributions to superannuation fund) . . . . . 14
Part 3 Amendment of Coal Mining Safety and Health Act 1999
5 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
6 Amendment of s 34 (Discharge of obligations) . . . . . . . . . . . . . . 15
7 Amendment of s 78 (Membership of council) . . . . . . . . . . . . . . . . 15
8 Amendment of s 79 (Organisations to submit names to Minister) 15
9 Amendment of s 80 (Appointment of members). . . . . . . . . . . . . . 16
10 Amendment of s 81 (Duration of appointment) . . . . . . . . . . . . . . 16
11 Insertion of new s 83A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
83A Substitute members . . . . . . . . . . . . . . . . . . . . . . . . . . 16
12 Amendment of pt 9 hdg (Inspectors and inspection officers and
directives) ..................................... 17
13 Insertion of new s 127A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
127A Appointment conditions and limit on powers . . . . . . . 17
14 Renumbering of pt 9, divs 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
15 Insertion of new pt 9, div 2 and pt 9, div 3 hdg. . . . . . . . . . . . . . . 18
Division 2 Authorised officers
129A Appointments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
129B Qualifications for appointment as authorised officer . 18
129C Appointment conditions and limit on functions and
powers ............................... 19
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Mining and Other Legislation Amendment Bill 2007
129D Functions of authorised officers . . . . . . . . . . . . . . . . . 19
129E Information about functions and powers. . . . . . . . . . . 20
16 Amendment of s 130 (Identity cards) . . . . . . . . . . . . . . . . . . . . . . 20
17 Amendment of s 132 (Production or display of identity card) . . . . 20
18 Replacement of pt 9, div 4 hdg, as renumbered (Powers of
inspectors and inspection officers) . . . . . . . . . . . . . . . . . . . . . . . . 21
19 Renumbering of pt 9, div 4, as renumbered, sdiv 17 . . . . . . . . . 21
20 Insertion of new pt 9, div 4, as renumbered, sdiv 1 . . . . . . . . . . . 21
Subdivision 1 Preliminary
132A Definition for div 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
21 Amendment of s 134 (Consent to entry) . . . . . . . . . . . . . . . . . . . 21
22 Amendment of s 139 (General powers after entering coal mine
or other places) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
23 Amendment of s 142 (Site senior executive must help inspector
or inspection officer) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
24 Amendment of s 143 (Seizing evidence at coal mine or other
place) ........................................ 22
25 Amendment of s 145 (Tampering with things subject to seizure) . 22
26 Amendment of s 150 (Access to things that have been seized). . 23
27 Amendment of s 151 (Inspector may stop and secure plant and
equipment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
28 Amendment of s 154 (Power to require production of
documents) ................................... 23
29 Amendment of s 173 (Records must be kept) . . . . . . . . . . . . . . . 24
30 Amendment of s 179 (False and misleading statements) . . . . . . 24
31 Amendment of s 180 (False or misleading documents) . . . . . . . . 24
32 Amendment of s 181 (Obstructing inspectors, inspection
officers or industry safety and health representatives) . . . . . . . . . 24
33 Amendment of s 198 (Notice of accidents, incidents or
diseases) ................................... 24
34 Amendment of s 243 (Who may appeal) . . . . . . . . . . . . . . . . . . . 25
35 Amendment of s 250 (Proof of appointments and authority
unnecessary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
36 Amendment of s 251 (Proof of signatures unnecessary) . . . . . . . 26
37 Amendment of s 252 (Evidentiary aids) . . . . . . . . . . . . . . . . . . . . 26
38 Amendment of s 268 (Person not to encourage refusal to
answer questions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
39 Amendment of s 269 (Impersonating inspector or inspection
officers and others). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
40 Amendment of s 270 (Protection for officers) . . . . . . . . . . . . . . . . 27
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Mining and Other Legislation Amendment Bill 2007
41 Amendment of s 276 (Protection from liability). . . . . . . . . . . . . . . 27
42 Amendment of sch 2 (Subject matter for regulations) . . . . . . . . . 27
43 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 28
Part 4 Amendment of Explosives Act 1999
44 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
45 Insertion of new s 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
4A Application of Act to coastal waters of the State . . . . 28
46 Amendment of s 15 (Inquiries about person's appropriateness) . 28
47 Amendment of s 32 (General duty of care) . . . . . . . . . . . . . . . . . 30
48 Replacement of s 43 (Selling explosives in public places
prohibited) ................................... 31
43 Selling explosives in public places prohibited. . . . . . . 31
49 Insertion of new s 123A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
123A Treatment of partnerships . . . . . . . . . . . . . . . . . . . . . 31
50 Amendment of pt 10, hdg (Transitional provisions) . . . . . . . . . . . 32
51 Insertion of new pt 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Part 11 Transitional provision for Mining and Other
Legislation Amendment Act 2007
144 Existing applications for an authority or renewal of
licence .............................. 32
52 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 32
Part 5 Amendment of Geothermal Exploration Act 2004
53 Act amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
54 Amendment of s 26 (Deciding whether to grant permit). . . . . . . . 33
55 Amendment of s 29 (Power to impose tenure conditions) . . . . . . 33
56 Replacement of ch 4, pt 3, hdg (Security) . . . . . . . . . . . . . . . . . . 33
Part 2A Renewal of term of permit
52A Conditions for making application to renew the term
of a permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
52B Requirements for making application . . . . . . . . . . . . . 34
52C Continuing effect of permit for extension application . 35
52D General provisions for deciding application . . . . . . . . 35
52E Requirement to obtain relevant authority, licence or
approval ................................ 36
52F Power to impose conditions . . . . . . . . . . . . . . . . . . . . 36
52G Area of permit for renewed term. . . . . . . . . . . . . . . . . 37
52H Renewed term . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
52I Restrictions on making extension. . . . . . . . . . . . . . . . 37
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Mining and Other Legislation Amendment Bill 2007
52J Withdrawal of application if tenure conditions and
term not agreed to . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
52K Making extension of permit . . . . . . . . . . . . . . . . . . . . 38
52L Information notice about refusal . . . . . . . . . . . . . . . . . 39
52M When refusal takes effect . . . . . . . . . . . . . . . . . . . . . . 39
Part 3 General provisions about security
52N Continuance of security for renewal of term . . . . . . . . 39
52O Minister's power to require additional security . . . . . . 40
57 Amendment of s 55 (Replenishment of security) . . . . . . . . . . . . . 41
58 Amendment of s 55A (Replacement of security) . . . . . . . . . . . . . 41
59 Amendment of s 106 (Direction to give statement of financial
and technical resources) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
60 Amendment of s 124 (Access to register) . . . . . . . . . . . . . . . . . . 41
61 Insertion of new ss 124A and 124B . . . . . . . . . . . . . . . . . . . . . . . 42
124A Arrangements with other departments for copies
from register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
124B Supply of statistical data from register . . . . . . . . . . . . 42
62 Insertion of new s 138A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
138A Ministerial directions about the giving of information . 44
63 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 45
Part 6 Amendment of Mineral Resources Act 1989
64 Act amended in pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
65 Omission of s 6D (Notes in text). . . . . . . . . . . . . . . . . . . . . . . . . . 47
66 Amendment of s 133 (Application for exploration permit). . . . . . . 47
67 Amendment of s 183 (Application for mineral development
licence) ...................................... 47
68 Amendment of s 231C (Application for mineral development
licence (183)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
69 Amendment of s 245 (Application for grant of mining lease) . . . . 47
70 Replacement of s 286B (Chief executive must give copy of
application to EPA administering authority) . . . . . . . . . . . . . . . . . 48
286B Chief executive must give copy of application and
renewed mining lease to EPA administering authority 48
71 Amendment of pt 7AA, div 2, sdiv 3, hdg (Provisions for splitting
application in particular circumstances) . . . . . . . . . . . . . . . . . . . . 48
72 Amendment of s 318AQ (Requirement to split application if it
relates to petroleum lease and authority to prospect not held
by same person). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
73 Amendment of s 318AR (Power to split application if it
includes other land) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
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Mining and Other Legislation Amendment Bill 2007
74 Omission of s 318AS (Power to split application at applicant's
request) ...................................... 49
75 Amendment of s 318AT (Applicant's obligations) . . . . . . . . . . . . . 50
76 Amendment of s 318BQ (Requirement to split application if it
relates to petroleum lease and authority to prospect not held
by same person). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
77 Amendment of s 318BR (Power to split application if it
includes other land) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
78 Omission of s 318BS (Power to split application at applicant's
request) ..................................... 51
79 Replacement of ss 318BY and 318BZ . . . . . . . . . . . . . . . . . . . . . 51
318BY Requirement for separate application for other land . 51
80 Amendment of s 318CB (Restriction on issuing certificate of
public notice and additional requirements for grant). . . . . . . . . . . 52
81 Replacement of ss 318CE and 318CF. . . . . . . . . . . . . . . . . . . . . 52
318CE Requirement for separate application for other land . 52
82 Amendment of s 318CU (Obligation to measure and record
coal seam gas mined) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
83 Amendment of s 318CV (Obligation to lodge annual reports) . . . 53
84 Amendment of s 318DJ (Applied provisions for renewal
application) ................................... 53
85 Amendment of s 318EB (Obligation to lodge proposed later
development plan) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
86 Amendment of s 319 (Effect on development) . . . . . . . . . . . . . . . 54
87 Amendment of s 387 (Registers to be maintained) . . . . . . . . . . . 54
88 Insertion of new ss 387A387C . . . . . . . . . . . . . . . . . . . . . . . . . . 55
387A Access to registers . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
387B Arrangements with other departments for copies
from a register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
387C Supply of statistical data from a register . . . . . . . . . . 56
89 Amendment of s 391B (Right of access for authorised activities
includes access for rehabilitation and environmental
management) ................................. 57
90 Insertion of new s 404E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
404E Interference with road. . . . . . . . . . . . . . . . . . . . . . . . . 57
91 Insertion of new s 416B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
416B Ministerial directions about the giving of information . 58
92 Amendment of s 672 (Fixing of date for combined hearing) . . . . 59
93 Amendment of s 747 (Continuation of particular rights relating
to coal seam gas under mineral hydrocarbon mining leases) . . . 59
94 Insertion of new pt 19, div 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
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Mining and Other Legislation Amendment Bill 2007
Division 9 Transitional provision for Mining and Other
Legislation Amendment Act 2007
766 Provision for amendment of s 133 . . . . . . . . . . . . . . . 60
95 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 61
Part 7 Amendment of Mining And Quarrying Safety and Health Act
1999
96 Act amended in pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
97 Amendment of s 31 (Discharge of obligations) . . . . . . . . . . . . . . 61
98 Amendment of s 69 (Membership of council) . . . . . . . . . . . . . . . . 62
99 Amendment of s 70 (Organisations to submit names to Minister) 62
100 Amendment of s 71 (Appointment of members). . . . . . . . . . . . . . 62
101 Amendment of s 72 (Duration of appointment) . . . . . . . . . . . . . . 62
102 Insertion of new s 74A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
74A Substitute members . . . . . . . . . . . . . . . . . . . . . . . . . . 63
103 Amendment of s 92 (Functions of site safety and health
representatives) .................................. 64
104 Amendment of pt 9 hdg (Inspectors and inspection officers and
directives) ...................................... 64
105 Insertion of new s 124A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
124A Appointment conditions and limit on powers and
functions ............................ 64
106 Renumbering of pt 9, divs 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
107 Insertion of new pt 9, div 2 and pt 9, div 3 hdg. . . . . . . . . . . . . . . 65
Division 2 Authorised officers
126A Appointments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
126B Qualifications for appointment as authorised officer . 65
126C Appointment conditions and limit on functions and
powers ............................. 65
126D Functions of authorised officers . . . . . . . . . . . . . . . . . 66
126E Information about functions and powers. . . . . . . . . . . 66
108 Amendment of s 127 (Identity cards) . . . . . . . . . . . . . . . . . . . . . . 67
109 Amendment of s 129 (Production or display of identity card) . . . . 67
110 Replacement of pt 9, div 4 hdg, as renumbered (Powers of
inspectors and inspection officers) . . . . . . . . . . . . . . . . . . . . . . . . 67
111 Renumbering of pt 9, div 4, as renumbered, sdiv 17 . . . . . . . . . 67
112 Insertion of new pt 9, div 4, as renumbered, sdiv 1 . . . . . . . . . . . 68
Subdivision 1 Preliminary
129A Definition for div 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
113 Amendment of s 131 (Consent to entry) . . . . . . . . . . . . . . . . . . . 68
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Mining and Other Legislation Amendment Bill 2007
114 Amendment of s 136 (General powers after entering mine
or other places) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
115 Amendment of s 139 (Site senior executive must help inspector
or inspection officer) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
116 Amendment of s 142 (Tampering with things subject to seizure) . 69
117 Amendment of s 147 (Access to things that have been seized). . 69
118 Amendment of s 148 (Inspector may stop and secure plant and
equipment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
119 Amendment of s 151 (Power to require production of
documents) ................................... 69
120 Amendment of s 170 (Records must be kept) . . . . . . . . . . . . . . . 70
121 Amendment of s 176 (False and misleading statements) . . . . . . 70
122 Amendment of s 177 (False or misleading documents) . . . . . . . . 70
123 Amendment of s 178 (Obstructing inspectors, inspection
officers or district worker's representatives) . . . . . . . . . . . . . . . . . 70
124 Amendment of s 195 (Notice of accidents, incidents or diseases) 71
125 Amendment of s 223 (Who may appeal) . . . . . . . . . . . . . . . . . . . 72
126 Amendment of s 229 (Proof of appointments and authority
unnecessary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
127 Amendment of s 230 (Proof of signatures unnecessary) . . . . . . . 72
128 Amendment of s 231 (Evidentiary aids) . . . . . . . . . . . . . . . . . . . . 72
129 Amendment of s 247 (Person not to encourage refusal to
answer questions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
130 Amendment of s 248 (Impersonating inspector or inspection
officers and others). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
131 Amendment of s 249 (Protection for officers) . . . . . . . . . . . . . . . . 73
132 Amendment of s 256 (Protection from liability). . . . . . . . . . . . . . . 73
133 Amendment of s 262 (Regulation-making power) . . . . . . . . . . . . 74
134 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 74
Part 8 Amendment of Petroleum Act 1923
135 Act amended in pt 8 and schedule . . . . . . . . . . . . . . . . . . . . . . . . 74
136 Omission of s 7B (Notes in text) . . . . . . . . . . . . . . . . . . . . . . . . . . 74
137 Amendment of s 25L (Conditions for renewal application) . . . . . . 74
138 Amendment of s 40 (Lease to holder of authority to prospect) . . 75
139 Amendment of s 45 (Entitlement to renewal of lease) . . . . . . . . . 75
140 Amendment of s 48 (Commencement of drilling) . . . . . . . . . . . . . 75
141 Amendment of s 53B (Plan period) . . . . . . . . . . . . . . . . . . . . . . . 75
142 Omission of s 54 (Signing of applications) . . . . . . . . . . . . . . . . . . 76
143 Amendment, relocation and renumbering of s 57
(Ascertainment of value) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
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Mining and Other Legislation Amendment Bill 2007
144 Amendment of s 74K (Obligation to lodge proposed later work
program) ....................................... 76
145 Amendment of s 74Q (Obligation to lodge proposed later
development plan) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
146 Insertion of new s 75AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
75AA Notice of change of holder's name . . . . . . . . . . . . . . . 77
147 Amendment of s 75IM (Lodging report) . . . . . . . . . . . . . . . . . . . . 77
148 Amendment of s 75IW (Obligation to lodge monitoring reports) . 77
149 Amendment of s 75IX (Obligation to lodge review reports) . . . . . 78
150 Amendment of s 75U (Obligation to decommission) . . . . . . . . . . 78
151 Amendment of s 75Y (Notice about discovery and commercial
viability) ........................................ 79
152 Omission of s 76F (Obligation to lodge annual reports) . . . . . . . . 79
153 Amendment of s 78J (Security not affected by change in holder) 79
154 Amendment of s 80C (Access to register) . . . . . . . . . . . . . . . . . . 79
155 Insertion of new ss 80CA and 80CB . . . . . . . . . . . . . . . . . . . . . . 80
80CA Arrangements with other departments for copies
from petroleum register . . . . . . . . . . . . . . . . . . . . . . . 80
80CB Supply of statistical data from petroleum register . . . 80
156 Amendment of s 80E (What is a permitted dealing). . . . . . . . . . . 81
157 Omission of s 80F (Dealings other than permitted dealings of
no effect) ........................................ 82
158 Amendment of s 80I (Applying for approval) . . . . . . . . . . . . . . . . 82
159 Replacement of s 142 (All statements to be verified) . . . . . . . . . . 82
142 Ministerial directions about the giving of information . 82
Part 9 Amendment of Petroleum and Gas (Production and Safety)
Act 2004
160 Act amended in pt 9 and schedule . . . . . . . . . . . . . . . . . . . . . . . . 84
161 Amendment of s 15 (When petroleum is produced). . . . . . . . . . . 84
162 Omission of ch 1, pt 3, div 3 (Other matters relating to
interpretation) ................................. 84
163 Amendment of s 32 (Exploration and testing) . . . . . . . . . . . . . . . 84
164 Amendment of s 59 (Restrictions on amending work program) . . 84
165 Amendment of s 60 (Applying for approval to amend) . . . . . . . . . 85
166 Amendment of s 79 (Obligation to lodge proposed later work
program) ....................................... 85
167 Amendment of s 159 (Obligation to lodge proposed later
development plan) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
168 Amendment of s 234 (Arrangement to coordinate petroleum
activities) ...................................... 86
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Mining and Other Legislation Amendment Bill 2007
169 Amendment of s 256 (Lodging report) . . . . . . . . . . . . . . . . . . . . . 86
170 Amendment of s 266 (Obligation to lodge monitoring reports). . . 86
171 Amendment of s 267 (Obligation to lodge review reports) . . . . . . 87
172 Amendment of s 292 (Obligation to decommission). . . . . . . . . . . 87
173 Amendment of ch 3, pt 2, div 1, sdiv 3, hdg (Provisions for
splitting application in particular circumstances) . . . . . . . . . . . . . 87
174 Amendment of s 307 (Requirement to split application if it
relates to coal or oil shale mining tenements not held by
the same person) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
175 Replacement of s 308 (Power to split application if it includes
other land) ...................................... 88
308 Requirement for separate application for other land . 88
176 Omission of s 309 (Power to split application at applicant's
request) ....................................... 88
177 Amendment of s 335 (Requirement to split application if it
relates to coal or oil shale mining tenements not held by
the same person) ................................. 89
178 Amendment of s 336 (Power to split application if it includes
other land) ..................................... 89
179 Omission of s 337 (Power to split application at applicant's
request) ...................................... 90
180 Replacement of s 346 (Power to split application if it includes
other land) ..................................... 90
346 Requirement for separate application for other land . 90
181 Omission of s 347 (Power to split application at applicant's
request) ...................................... 90
182 Replacement of s 354 (Power to split application if it includes
other land) ...................................... 90
354 Requirement for separate application for other land . 91
183 Omission of s 355 (Power to split application at applicant's
request) ...................................... 91
184 Amendment of s 386 (Requirements for consultation with
particular coal or oil shale mining tenement holders) . . . . . . . . . . 91
185 Amendment of s 389 (Exemption from additional content
requirements) ................................. 91
186 Amendment, relocation and renumbering of s 408 (Notice of
proposed application to relevant local government) . . . . . . . . . . . 92
187 Amendment of s 409 (Requirements for making application). . . . 92
188 Replacement of s 411 (Public notice requirement). . . . . . . . . . . . 92
411 Public notice requirement . . . . . . . . . . . . . . . . . . . . . . 93
189 Amendment of s 419 (Obligation to construct pipeline) . . . . . . . . 93
190 Insertion of new s 419A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
10
Mining and Other Legislation Amendment Bill 2007
419A Notice to chief inspector before construction starts . . 94
191 Amendment of s 420 (Notice of completion of pipeline). . . . . . . . 94
192 Amendment, relocation and renumbering of s 444 (Notice of
proposed application to relevant local government) . . . . . . . . . . . 94
193 Amendment of s 445 (Requirements for making application). . . . 95
194 Amendment of s 458 (Process for taking land) . . . . . . . . . . . . . . 95
195 Amendment of s 493 (Security not affected by change in
authority holder) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
196 Amendment of s 539 (General provision about ownership
while tenure or licence is in force for pipeline) . . . . . . . . . . . . . . . 96
197 Amendment of s 544 (Notice by petroleum tenure holder about
discovery and commercial viability) . . . . . . . . . . . . . . . . . . . . . . . 96
198 Insertion of new s 546A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
546A End of authority report for data acquisition authority
or survey licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
199 Replacement of ch 5, pt 7, div 2, hdg (Reporting provisions for
all petroleum authorities) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
200 Replacement of s 552 (Obligation to lodge annual reports) . . . . . 97
552 Obligation to lodge annual reports for pipeline or
petroleum facility licence . . . . . . . . . . . . . . . . . . . . . . 97
201 Insertion of new s 558A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
558A Notice of change of holder's name . . . . . . . . . . . . . . . 98
202 Amendment of s 566 (Access to register) . . . . . . . . . . . . . . . . . . 98
203 Insertion of new ss 566A and 566B . . . . . . . . . . . . . . . . . . . . . . . 99
566A Arrangements with other departments for copies
from petroleum register . . . . . . . . . . . . . . . . . . . . . . . 99
566B Supply of statistical data from petroleum register . . . 99
204 Amendment of s 568 (What is a permitted dealing) . . . . . . . . . . . 100
205 Amendment of s 569 (Prohibited dealings) . . . . . . . . . . . . . . . . . 101
206 Amendment of s 570 (Conditions for permitted dealings) . . . . . . 101
207 Amendment of s 572 (Applying for approval) . . . . . . . . . . . . . . . . 102
208 Amendment of s 628 (Odour requirement). . . . . . . . . . . . . . . . . . 102
209 Amendment of s 651 (Content requirements for annual
measurement reports) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
210 Amendment of s 670 (What is an operating plant) . . . . . . . . . . . . 102
211 Amendment of 671 (Limitation for facility or pipeline included
in coal mining operation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
212 Amendment of s 673 (Who is the operator of an operating plant) 104
213 Insertion of new s 673A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
11
Mining and Other Legislation Amendment Bill 2007
673A Operator must ensure chief inspector is given notice
before a plant is commissioned or operated. . . . . . . . 105
214 Amendment of s 674 (Requirement to have safety
management plan) ............................. 105
215 Amendment of s 675 (Content requirements for safety
management plans) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
216 Insertion of new s 675A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
675A Generic safety management plans. . . . . . . . . . . . . . . 106
217 Amendment of s 679 (Notice by chief inspector) . . . . . . . . . . . . . 107
218 Amendment of s 687 (Who is the executive safety manager of
an operating plant) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
219 Replacement of s 688 (Executive safety manager's general
obligations) ..................................... 108
688 Executive safety manager's general obligations. . . . . 108
220 Amendment of s 691 (Obligation to give information to coal or
oil shale exploration tenement holder) . . . . . . . . . . . . . . . . . . . . . 109
221 Amendment of s 698 (Owner must ensure operator is
competent) .................................. 109
222 Amendment of s 705 (Application of sdiv 1) . . . . . . . . . . . . . . . . . 109
223 Amendment of s 706 (Requirement to report prescribed incident) 109
224 Amendment of s 724 (Types of gas device) . . . . . . . . . . . . . . . . . 110
225 Amendment of s 726 (Gas devices (type A)) . . . . . . . . . . . . . . . . 111
226 Amendment of s 727 (Gas devices (type B)) . . . . . . . . . . . . . . . . 111
227 Amendment of s 733 (Certification of gas device or gas fitting) . . 111
228 Amendment of s 780 (Power to give compliance direction) . . . . . 112
229 Amendment of s 783 (Power to give dangerous situation
direction) ...................................... 112
230 Amendment of s 794 (Immediate suspension). . . . . . . . . . . . . . . 112
231 Amendment of s 801 (Petroleum producer's measurement
obligations) ................................... 113
232 Amendment of s 815 (Fuel gas suppliers must not use other
supplier's containers) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
233 Insertion of new s 858A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
858A Ministerial directions about the giving of information . 114
234 Amendment of s 893 (Application of sdiv 1) . . . . . . . . . . . . . . . . . 115
235 Amendment of s 910 (Renewal application provisions apply for
making and deciding grant application) . . . . . . . . . . . . . . . . . . . . 115
236 Insertion of new ch 15, pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
Part 6 Transitional provision for Mining and Other
Legislation Amendment Act 2007
939 Provision for amendment of s 893 . . . . . . . . . . . . . . . 116
12
Mining and Other Legislation Amendment Bill 2007
237 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 116
Part 10 Amendment of Workplace Health and Safety Act 1995
238 Act amended in pt 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
239 Amendment of s 3 (Application of Act) . . . . . . . . . . . . . . . . . . . . . 118
240 Insertion of new s 3B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
3B Relationship with other Acts relating to design or
manufacture of operating plant . . . . . . . . . . . . . . . . . . 118
Part 11 Minor amendments
241 Acts amended in schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
Schedule Minor amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
Coal Mining Safety and Health Act 1999 . . . . . . . . . . . . . . . . . . . 120
Mining and Quarrying Safety and Health Act 1999 . . . . . . . . . . . 120
Petroleum Act 1923 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
Petroleum and Gas (Production and Safety) Act 2004. . . . . . . . . 122
2007
A Bill
for
An Act to amend Acts administered by the Minister for Mines
and Energy, and for related purposes
s1 14 s4
Mining and Other Legislation Amendment Bill 2007
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Mining and Other Legislation 4
Amendment Act 2007. 5
Clause 2 Commencement 6
This Act commences on a day to be fixed by proclamation. 7
Part 2 Amendment of Coal and Oil 8
Shale Mine Worker's 9
Superannuation Act 1989 10
Clause 3 Act amended in pt 2 11
This part amends the Coal and Oil Shale Mine Worker's 12
Superannuation Act 1989. 13
Clause 4 Amendment of s 4 (Contributions to superannuation 14
fund) 15
Section 4(3), from `14'-- 16
omit, insert-- 17
`21 days after the end of the month in which the mine 18
worker's pay period ended.'. 19
s5 15 s8
Mining and Other Legislation Amendment Bill 2007
Part 3 Amendment of Coal Mining 1
Safety and Health Act 1999 2
Clause 5 Act amended in pt 3 3
This part and the schedule amend the Coal Mining Safety and 4
Health Act 1999. 5
Clause 6 Amendment of s 34 (Discharge of obligations) 6
Section 34, penalty, paragraphs (a) to (d)-- 7
omit, insert-- 8
`(a) if the contravention caused multiple deaths--2000 9
penalty units or 3 years imprisonment; or 10
(b) if the contravention caused death or grievous bodily 11
harm--1000 penalty units or 2 years imprisonment; or 12
(c) if the contravention caused bodily harm--750 penalty 13
units or 1 year's imprisonment; or 14
(d) if the contravention involved exposure to a substance 15
that is likely to cause death or grievous bodily 16
harm--750 penalty units or 1 year's imprisonment; or 17
(e) otherwise--500 penalty units or 6 months 18
imprisonment.'. 19
Clause 7 Amendment of s 78 (Membership of council) 20
Section 78(2)-- 21
omit, insert-- 22
`(2) The chairperson of the council is the chief executive or the 23
chief executive's nominee.'. 24
Clause 8 Amendment of s 79 (Organisations to submit names to 25
Minister) 26
Section 79(4), `4 or'-- 27
s9 16 s 11
Mining and Other Legislation Amendment Bill 2007
omit, insert-- 1
`6 or'. 2
Clause 9 Amendment of s 80 (Appointment of members) 3
(1) Section 80(3), from `council,'-- 4
omit, insert-- 5
`council.'. 6
(2) Section 80(4), `to be a member'-- 7
omit, insert-- 8
`under subsection (1)'. 9
(3) Section 80(5), `to the council'-- 10
omit, insert-- 11
`under subsection (1)'. 12
Clause 10 Amendment of s 81 (Duration of appointment) 13
(1) Section 81(1)-- 14
omit, insert-- 15
`(1) A member of the council may be appointed, or re-appointed, 16
by the Minister under section 80(1) for a term of not more 17
than 3 years.'. 18
(2) Section 81(2)-- 19
omit. 20
Clause 11 Insertion of new s 83A 21
After section 83-- 22
insert-- 23
`83A Substitute members 24
`(1) The Minister may appoint 2 persons (substitute members) 25
from each panel submitted under section 79(1), in addition to 26
the persons appointed under section 80(1), to take part in 27
s 12 17 s 13
Mining and Other Legislation Amendment Bill 2007
meetings of the council in place of a member (original 1
member) appointed from the same panel. 2
`(2) One of the persons appointed from the panel submitted by 3
industrial organisations representing coal mine workers must 4
be a member of the industrial organisation that represents the 5
majority of the coal mine workers in Queensland. 6
`(3) When appointing a substitute member, the Minister must 7
consider the matters mentioned in section 80(5)(a), (b) and 8
(c). 9
`(4) A substitute member may be appointed, or re-appointed, for a 10
term of not more than 3 years. 11
`(5) A person stops being a substitute member if, for any reason or 12
none, the Minister gives the person written notification that 13
the person is no longer a substitute member. 14
`(6) While taking part in a meeting in place of an original member, 15
a substitute member is a member of the council and-- 16
(a) is entitled to the same remuneration and allowances that 17
the original member is entitled to; and 18
(b) is subject to the conditions, mentioned in section 82(2) 19
and applying to the original member, that are capable of 20
applying to the substitute member.'. 21
Clause 12 Amendment of pt 9 hdg (Inspectors and inspection 22
officers and directives) 23
Part 9, heading, `inspection'-- 24
omit, insert-- 25
`other'. 26
Clause 13 Insertion of new s 127A 27
After section 127-- 28
insert-- 29
`127A Appointment conditions and limit on powers 30
`(1) A person who is appointed as an inspector or inspection 31
officer holds office on any conditions stated in-- 32
s 14 18 s 15
Mining and Other Legislation Amendment Bill 2007
(a) the person's instrument of appointment; or 1
(b) a signed notice given to the person by the chief 2
executive. 3
`(2) The instrument of appointment, a notice given to the person 4
by the chief executive or a regulation may limit the person's 5
functions or powers under this Act for the office.'. 6
Clause 14 Renumbering of pt 9, divs 24 7
Part 9, divisions 2 to 4-- 8
renumber as part 9, divisions 4 to 6. 9
Clause 15 Insertion of new pt 9, div 2 and pt 9, div 3 hdg 10
After section 129-- 11
insert-- 12
`Division 2 Authorised officers 13
`129A Appointments 14
`(1) The chief executive may appoint officers or employees of the 15
public service as authorised officers. 16
`(2) However, the chief executive may only appoint a person as an 17
authorised officer if the person has qualifications or 18
experience relevant to at least 1 of the following areas-- 19
(a) occupational hygiene; 20
(b) ergonomics; 21
(c) investigating a matter under an Act. 22
`129B Qualifications for appointment as authorised officer 23
`(1) The chief executive may only appoint a person as an 24
authorised officer after deciding the functions the person may 25
perform under this Act having regard to the person's 26
competencies and experience. 27
`(2) If the chief executive decides that the functions the person 28
may perform as an authorised officer are limited because of 29
s 15 19 s 15
Mining and Other Legislation Amendment Bill 2007
the person's competencies and experience, the chief 1
executive, when appointing the person as an authorised 2
officer, must correspondingly limit the extent to which the 3
person may perform functions or exercise powers as provided 4
under section 129C. 5
`129C Appointment conditions and limit on functions and 6
powers 7
`(1) A person who is appointed as an authorised officer holds 8
office on any conditions stated in-- 9
(a) the person's instrument of appointment; or 10
(b) a signed notice given to the person by the chief 11
executive. 12
`(2) The instrument of appointment, a notice given to the person 13
by the chief executive or a regulation may limit the person's 14
functions or powers under this Act for the office. 15
`(3) An authorised officer is also subject to the directions of the 16
chief inspector in performing the functions or exercising the 17
powers. 18
`(4) This section applies despite any other provision of this Act. 19
`129D Functions of authorised officers 20
`Subject to sections 129B and 129C, authorised officers have 21
the following functions-- 22
(a) to monitor safety and health performance at coal mines; 23
(b) to inspect and audit coal mines to assess whether risk is 24
at an acceptable level; 25
(c) to help persons to achieve the purposes of this Act by 26
providing advice and information on how the purposes 27
are to be achieved; 28
(d) to check that safety and health management systems and 29
procedures are in place to control risk to persons 30
affected by coal mining operations; 31
s 16 20 s 17
Mining and Other Legislation Amendment Bill 2007
(e) to investigate serious accidents and high potential 1
incidents and other matters at coal mines that affect the 2
effective management of risk to persons; 3
(f) to investigate complaints about matters relating to safety 4
or health resulting from coal mining operations. 5
`129E Information about functions and powers 6
`(1) This section applies if before exercising a power or further 7
exercising a power in relation to a person, an authorised 8
officer is asked by the person for information about the 9
authorised officer's functions or powers under the Act. 10
`(2) The authorised officer may exercise, or continue to exercise, 11
the power in relation to the person only if the authorised 12
officer first produces for the person's inspection a list of the 13
authorised officer's functions and powers under the Act. 14
`Division 3 Identity cards for inspectors, 15
inspection officers and authorised 16
officers'. 17
Clause 16 Amendment of s 130 (Identity cards) 18
(1) Section 130(1), `and inspection'-- 19
omit, insert-- 20
`, inspection officer and authorised'. 21
(2) Section 130(2), `or inspection'-- 22
omit, insert-- 23
`, inspection officer or authorised'. 24
Clause 17 Amendment of s 132 (Production or display of identity 25
card) 26
(1) Section 132(1), first and second mention, and 132(2), `or 27
inspection'-- 28
s 18 21 s 21
Mining and Other Legislation Amendment Bill 2007
omit, insert-- 1
`, inspection officer or authorised'. 2
(2) Section 132(1)(a), `inspection'-- 3
omit. 4
Clause 18 Replacement of pt 9, div 4 hdg, as renumbered (Powers of 5
inspectors and inspection officers) 6
Part 9, division 4, as renumbered, heading-- 7
omit, insert-- 8
`Division 4 Powers of inspectors, inspection 9
officers and authorised officers'. 10
Clause 19 Renumbering of pt 9, div 4, as renumbered, sdiv 17 11
Part 9, division 4, as renumbered, subdivisions 1 to 7-- 12
renumber as part 9, division 4, subdivisions 2 to 8. 13
Clause 20 Insertion of new pt 9, div 4, as renumbered, sdiv 1 14
Part 9, division 4, as renumbered-- 15
insert-- 16
`Subdivision 1 Preliminary 17
`132A Definition for div 4 18
`In this division-- 19
officer means an inspector, an inspection officer or an 20
authorised officer.'. 21
Clause 21 Amendment of s 134 (Consent to entry) 22
(1) Section 134, `inspector or inspection'-- 23
omit. 24
(2) Section 134(4)(c), after `officer'-- 25
s 22 22 s 25
Mining and Other Legislation Amendment Bill 2007
insert-- 1
`or other officer'. 2
Clause 22 Amendment of s 139 (General powers after entering coal 3
mine or other places) 4
(1) Section 139, `inspector or inspection'-- 5
omit. 6
(2) Section 139(3)(f), `inspector's or inspection'-- 7
omit. 8
Clause 23 Amendment of s 142 (Site senior executive must help 9
inspector or inspection officer) 10
(1) Section 142, `inspector or inspection'-- 11
omit. 12
(2) Section 142(1), `inspector's or inspection'-- 13
omit. 14
Clause 24 Amendment of s 143 (Seizing evidence at coal mine or 15
other place) 16
(1) Section 143(1), `inspector or inspection'-- 17
omit. 18
(2) Section 143(2)-- 19
omit. 20
Clause 25 Amendment of s 145 (Tampering with things subject to 21
seizure) 22
(1) Section 145, `inspector or inspection'-- 23
omit. 24
(2) Section 145, `inspector's or inspection'-- 25
omit. 26
s 26 23 s 28
Mining and Other Legislation Amendment Bill 2007
Clause 26 Amendment of s 150 (Access to things that have been 1
seized) 2
(1) Section 150(1), `inspector or inspection'-- 3
omit. 4
(2) Section 150(3), `inspector'-- 5
omit, insert-- 6
`officer'. 7
Clause 27 Amendment of s 151 (Inspector may stop and secure 8
plant and equipment) 9
(1) Section 151, heading, `Inspector'-- 10
omit, insert-- 11
`Officer'. 12
(2) Section 151(1) and (2), `inspector or inspection'-- 13
omit. 14
Clause 28 Amendment of s 154 (Power to require production of 15
documents) 16
(1) Section 154(1) to (5), `inspector or inspection'-- 17
omit. 18
(2) Section 154(6), `an inspector'-- 19
omit, insert-- 20
`the officer'. 21
(3) Section 154(6), `the inspector'-- 22
omit, insert-- 23
`the officer'. 24
(4) Section 154-- 25
insert-- 26
`(6A) If an officer keeps a document under subsection (6), the 27
officer must give a copy of the document to the person 28
responsible for keeping the document.'. 29
s 29 24 s 33
Mining and Other Legislation Amendment Bill 2007
Clause 29 Amendment of s 173 (Records must be kept) 1
(1) Section 173-- 2
insert-- 3
`(1A) An authorised officer must keep an accurate record of all 4
reports given by the authorised officer under this Act.'. 5
(2) Section 173(2) and (3), after `inspection officer'-- 6
insert-- 7
`, authorised officer'. 8
Clause 30 Amendment of s 179 (False and misleading statements) 9
Section 179(1), `or inspection officer'-- 10
omit, insert-- 11
`, inspection officer, authorised officer or industry safety and 12
health representative'. 13
Clause 31 Amendment of s 180 (False or misleading documents) 14
Section 180(1) and (2)(a), after `inspection officer'-- 15
insert-- 16
`, authorised officer'. 17
Clause 32 Amendment of s 181 (Obstructing inspectors, inspection 18
officers or industry safety and health representatives) 19
(1) Section 181, heading, `inspection'-- 20
omit. 21
(2) Section 181(1) and (2), after `inspection officer'-- 22
insert-- 23
`, authorised officer'. 24
Clause 33 Amendment of s 198 (Notice of accidents, incidents or 25
diseases) 26
(1) Section 198, heading, after `incidents'-- 27
s 34 25 s 34
Mining and Other Legislation Amendment Bill 2007
insert-- 1
`, deaths'. 2
(2) Section 198(1), `or high potential incident'-- 3
omit, insert-- 4
`, high potential incident or a death'. 5
(3) Section 198(1), `or incident'-- 6
omit, insert-- 7
`, incident or death'. 8
(4) Section 198(2)-- 9
omit, insert-- 10
`(2) Subsection (3) applies to-- 11
(a) a serious accident at a coal mine resulting in a person 12
receiving-- 13
(i) a bodily injury endangering, or likely to endanger, 14
the person's life; or 15
(ii) an injury causing, or likely to cause, a permanent 16
injury to the person's health; or 17
(b) a high potential incident at a coal mine of a type 18
prescribed under a regulation; or 19
(c) a death at a coal mine, whether or not caused by an 20
accident at the coal mine.'. 21
(5) Section 198(3), `or incident'-- 22
omit, insert-- 23
`, incident or death'. 24
(6) Section 198(5), `serious accident results in'-- 25
omit, insert-- 26
`oral report relates to a'. 27
Clause 34 Amendment of s 243 (Who may appeal) 28
Section 243(b), `division 3'-- 29
s 35 26 s 38
Mining and Other Legislation Amendment Bill 2007
omit, insert-- 1
`division 5'. 2
Clause 35 Amendment of s 250 (Proof of appointments and 3
authority unnecessary) 4
Section 250(1)(a) and (b), after `an inspection officer,'-- 5
insert-- 6
`an authorised officer,'. 7
Clause 36 Amendment of s 251 (Proof of signatures unnecessary) 8
Section 251, after `an inspection officer,'-- 9
insert-- 10
`an authorised officer,'. 11
Clause 37 Amendment of s 252 (Evidentiary aids) 12
(1) Section 252(4), `or inspection officer'-- 13
omit, insert-- 14
`, inspection officer, an authorised officer'. 15
(2) Section 252(5), definition certificate, after `an inspection 16
officer,'-- 17
insert-- 18
`an authorised officer,'. 19
Clause 38 Amendment of s 268 (Person not to encourage refusal to 20
answer questions) 21
Section 268(1), after `inspection officer'-- 22
insert-- 23
`, authorised officer'. 24
s 39 27 s 42
Mining and Other Legislation Amendment Bill 2007
Clause 39 Amendment of s 269 (Impersonating inspector or 1
inspection officers and others) 2
(1) Section 269, heading, `inspector or inspection officers and 3
others'-- 4
omit, insert-- 5
`inspectors, officers or representatives'. 6
(2) Section 269, after `inspection officer,'-- 7
insert-- 8
`authorised officer,'. 9
Clause 40 Amendment of s 270 (Protection for officers) 10
Section 270(2), definition officer, paragraphs (c) and (d)-- 11
omit, insert-- 12
`(c) an authorised officer; or 13
(d) an industry safety and health representative; or 14
(e) a site safety and health representative.'. 15
Clause 41 Amendment of s 276 (Protection from liability) 16
Section 276(3), definition official, paragraphs (f) to (i)-- 17
omit, insert-- 18
`(f) an authorised officer; or 19
(g) a person acting under the direction of or helping an 20
inspector, inspection officer or authorised officer; or 21
(h) a member or a substitute member of the council; or 22
(i) an industry safety and health representative; or 23
(j) a site safety and health representative.'. 24
Clause 42 Amendment of sch 2 (Subject matter for regulations) 25
(1) Schedule 2, part 1, items 1 to 5-- 26
renumber as schedule 2, part 1, items 1 to 7. 27
(2) Schedule 2, part 1, item 5 as renumbered, example `item 3'-- 28
s 43 28 s 46
Mining and Other Legislation Amendment Bill 2007
omit, insert-- 1
`item 5'. 2
(3) Schedule 2, part 2, items 6 to 37-- 3
renumber as schedule 2, part 2, items 1 to 35. 4
Clause 43 Amendment of sch 3 (Dictionary) 5
Schedule 3-- 6
insert-- 7
`authorised officer means a person appointed as an authorised 8
officer under this Act. 9
officer, for part 9, division 4, see section 132A. 10
substitute member see section 83A(1).'. 11
Part 4 Amendment of Explosives Act 12
1999 13
Clause 44 Act amended in pt 4 14
This part amends the Explosives Act 1999. 15
Clause 45 Insertion of new s 4A 16
After section 4-- 17
insert-- 18
`4A Application of Act to coastal waters of the State 19
`This Act applies to the coastal waters of the State as if the 20
coastal waters of the State were part of the State.'. 21
Clause 46 Amendment of s 15 (Inquiries about person's 22
appropriateness) 23
(1) Section 15(2), from `identity' to `expertise of the'-- 24
s 46 29 s 46
Mining and Other Legislation Amendment Bill 2007
omit. 1
(2) Section 15(3)-- 2
omit, insert-- 3
`(2A) If the person is an individual, the chief inspector may, for 4
subsection (2), make inquires about the person's identity, 5
character, mental and physical health, and relevant experience 6
and expertise. 7
`(3) In deciding whether the person is an appropriate person, the 8
chief inspector may consider, among other things-- 9
(a) if the person is an individual-- 10
(i) the person's mental and physical health; and 11
(ii) whether the person has been convicted, in 12
Queensland or elsewhere, of a relevant offence; 13
and 14
(iii) whether a domestic violence order has been made, 15
in Queensland or elsewhere, against the person at 16
any time; or 17
(b) if the person is a corporation-- 18
(i) whether the corporation is insolvent under 19
administration; and 20
(ii) whether the corporation has been convicted, in 21
Queensland or elsewhere, of an offence involving a 22
prescribed activity; and 23
(iii) whether an executive officer of the corporation 24
would be considered to be an appropriate person 25
under this section.'. 26
(3) Section 15-- 27
insert-- 28
`(10) In this section-- 29
insolvent under administration means an insolvent under 30
administration under the Corporations Act. 31
prescribed activity means an activity that is or is associated 32
with-- 33
(a) the use, handling or transport of explosives; or 34
s 47 30 s 47
Mining and Other Legislation Amendment Bill 2007
(b) the storage, collection or manufacture of explosives; or 1
(c) the sale, import or export of explosives. 2
relevant offence means an offence-- 3
(a) involving a prescribed activity; or 4
(b) involving violence or threatened violence; or 5
(c) involving the use, carriage, discharge or possession of a 6
firearm; or 7
(d) relating to the misuse of drugs.'. 8
Clause 47 Amendment of s 32 (General duty of care) 9
(1) Section 32, penalty-- 10
omit, insert-- 11
`Maximum penalty-- 12
(a) if the contravention causes multiple deaths and serious 13
harm to property or the environment--3000 penalty 14
units or 3 years imprisonment; or 15
(b) if the contravention causes multiple deaths--2000 16
penalty units or 3 years imprisonment; or 17
(c) if the contravention causes death or grievous bodily 18
harm--1000 penalty units or 2 years imprisonment; or 19
(d) if the contravention involves exposure to a substance 20
likely to cause death or grievous bodily harm--750 21
penalty units or 1 year's imprisonment; or 22
(e) if the contravention causes bodily harm--750 penalty 23
units or 1 year's imprisonment; or 24
(f) if the contravention causes serious harm to property or 25
the environment--750 penalty units or 1 year's 26
imprisonment; or 27
(g) otherwise--500 penalty units or 6 months 28
imprisonment.'. 29
(2) Section 32-- 30
insert-- 31
s 48 31 s 49
Mining and Other Legislation Amendment Bill 2007
`(2) In this section-- 1
bodily harm see the Criminal Code, section 1. 2
grievous bodily harm see the Criminal Code, section 1.'. 3
Clause 48 Replacement of s 43 (Selling explosives in public places 4
prohibited) 5
Section 43-- 6
omit, insert-- 7
`43 Selling explosives in public places prohibited 8
`A person in possession of an explosive in a public place must 9
not sell the explosive in the public place. 10
Maximum penalty--100 penalty units.'. 11
Clause 49 Insertion of new s 123A 12
Part 8, division 2-- 13
insert-- 14
`123A Treatment of partnerships 15
`(1) Subject to this section, this Act applies to a partnership as if 16
the partnership were a person. 17
`(2) For an application by, or renewal of a licence of, a 18
partnership-- 19
(a) sections 15 and 161 apply as if each partner were an 20
applicant or authority holder; and 21
(b) if a partner is not an appropriate person to hold an 22
authority, the partnership is not an appropriate person. 23
`(3) If, because of the operation of subsection (1), a contravention 24
of, or an offence against a provision of, this Act is taken to 25
have been committed by a partnership, the contravention or 26
offence is taken to have been committed by each of the 27
partners. 28
1 Section 15 (Inquiries about person's appropriateness) and section 16 (Additional
information)
s 50 32 s 52
Mining and Other Legislation Amendment Bill 2007
`(4) However, it is a defence for a partner to prove-- 1
(a) if the partner was in a position to influence the conduct 2
of the partnership in relation to the contravention or 3
offence--the partner took reasonable steps to ensure the 4
partnership complied with the provision; or 5
(b) the partner was not in a position to influence the conduct 6
of the partnership in relation to the contravention or 7
offence.'. 8
Clause 50 Amendment of pt 10, hdg (Transitional provisions) 9
Part 10, heading, after `provisions'-- 10
insert-- 11
`for Act No. 15 of 1999.' 12
Clause 51 Insertion of new pt 11 13
After section 143-- 14
insert-- 15
`Part 11 Transitional provision for 16
Mining and Other Legislation 17
Amendment Act 2007 18
`144 Existing applications for an authority or renewal of 19
licence 20
`If, before the commencement of this section, an application 21
was made under this Act for an authority, or renewal of a 22
licence, and the application was not decided before the 23
commencement of this section, the application must be 24
decided by the chief inspector as if the application had been 25
made after the commencement.'. 26
Clause 52 Amendment of sch 2 (Dictionary) 27
Schedule 2, definition sell-- 28
s 53 33 s 56
Mining and Other Legislation Amendment Bill 2007
insert-- 1
`(ba) supply in another way, including by gift or exchange; 2
and'. 3
Part 5 Amendment of Geothermal 4
Exploration Act 2004 5
Clause 53 Act amended in pt 5 6
This part amends the Geothermal Exploration Act 2004. 7
Clause 54 Amendment of s 26 (Deciding whether to grant permit) 8
Section 26(4)-- 9
omit. 10
Clause 55 Amendment of s 29 (Power to impose tenure conditions) 11
(1) Section 29, heading, `tenure'-- 12
omit. 13
(2) Section 29(1), `(tenure conditions)'-- 14
omit. 15
(3) Section 29(2) and (3), `tenure condition'-- 16
omit, insert-- 17
`condition'. 18
Clause 56 Replacement of ch 4, pt 3, hdg (Security) 19
Chapter 4, part 3, heading-- 20
omit, insert-- 21
s 56 34 s 56
Mining and Other Legislation Amendment Bill 2007
`Part 2A Renewal of term of permit 1
`52A Conditions for making application to renew the term 2
of a permit 3
`(1) A permit holder may apply to renew the term of the permit (a 4
renewal application) only if-- 5
(a) annual rent on the permit and interest payable on the 6
rent are not outstanding; and 7
(b) prescribed security is still in force for the permit. 8
`(2) Also, the application can not be made-- 9
(a) more than 60 business days before the end of the term of 10
the permit as stated in the permit (the original term); or 11
(b) after the permit has ended. 12
`52B Requirements for making application 13
`(1) The application must-- 14
(a) be in the approved form; and 15
(b) be lodged at-- 16
(i) the office of the department for lodging extension 17
applications, as stated in a gazette notice by the 18
chief executive; or 19
(ii) if no office is gazetted under subparagraph (i)--the 20
office stated in the approved form; or 21
(iii) if no office is gazetted under subparagraph (i) or 22
stated under subparagraph (ii)--the office of the 23
chief executive; and 24
(c) address the suitability criteria; and 25
(d) include a proposed later work program that complies 26
with section 22; and 27
(e) be accompanied by the application fee prescribed under 28
a regulation. 29
`(2) For subsection (1)(d), section 22 applies as if-- 30
s 56 35 s 56
Mining and Other Legislation Amendment Bill 2007
(a) a reference to a proposed work program were a 1
reference to a later work program; and 2
(b) a reference to the proposed geothermal exploration 3
permit were a reference to the permit for the term for 4
which it is proposed to be renewed. 5
`52C Continuing effect of permit for extension application 6
`(1) This section applies if the original term ends before the 7
application is decided. 8
`(2) Despite the ending of the term, the permit continues in force 9
until the earliest of the following to happen-- 10
(a) if the application is granted--the start of the term for 11
which the permit is, under section 52H, decided to be 12
renewed (the renewed term); 13
(b) a refusal of the application takes effect; 14
(c) the withdrawal of the application; 15
(d) the cancellation under this Act of the permit. 16
`(3) Subsection (4) applies if the application is withdrawn or the 17
permit is cancelled under this Act before the application is 18
decided. 19
`(4) The Minister must refund the applicant any annual rent 20
overpaid because of the withdrawal or cancellation based on 21
the proportion that the whole months remaining until the end 22
of the year for which the rent was paid bears to the whole of 23
that year. 24
`52D General provisions for deciding application 25
`(1) The Minister must, in deciding the application, have regard to 26
the suitability criteria as if a reference in the criteria to a 27
tenderer were a reference to the applicant. 28
`(2) The Minister can not grant the application unless the Minister 29
is satisfied-- 30
(a) the activities proposed to be carried out under the permit 31
during the renewed term are appropriate and acceptable; 32
and 33
s 56 36 s 56
Mining and Other Legislation Amendment Bill 2007
(b) the applicant has substantially complied with the permit; 1
and 2
(c) the applicant continues to be an eligible person to hold a 3
permit. 4
`(3) This section does not limit the matters the Minister may have 5
regard to in making the decision. 6
`52E Requirement to obtain relevant authority, licence or 7
approval 8
`The Minister may, as a condition of granting the application, 9
require the applicant to obtain a relevant licence, approval or 10
authority under another Act. 11
Examples-- 12
· an environmental authority for an environmentally relevant activity 13
under the Environmental Protection Act 1994 the carrying out of 14
which is authorised under this Act 15
· a water entitlement under the Water Act 2000 that is needed to carry 16
out an activity authorised under this Act if section 39 does not apply 17
`52F Power to impose conditions 18
`(1) If the Minister decides to grant the application, the Minister 19
may impose conditions on the permit for the renewed term 20
that are not inconsistent with the mandatory conditions. 21
`(2) However, a condition can not be imposed if it-- 22
(a) relates to the management of environmental impacts; or 23
(b) authorises unlawful environmental harm as defined 24
under the Environmental Protection Act 1994. 25
`(3) To remove any doubt, it is declared that the tenure conditions 26
of the permit for the renewed term may be different from its 27
current tenure conditions. 28
Note-- 29
For when the conditions start, see sections 52H(5) and 52I(b). 30
s 56 37 s 56
Mining and Other Legislation Amendment Bill 2007
`52G Area of permit for renewed term 1
`(1) If the Minister decides to grant the application, the Minister 2
must decide the area of the permit for its renewed term. 3
`(2) The area of the permit for its renewed term can not be larger 4
than the area (the original area) of the permit immediately 5
before the term of the permit is renewed. 6
`(3) The area of the permit for its renewed term may be smaller 7
than the original area. 8
`52H Renewed term 9
`(1) The length of the renewed term is decided by the Minister. 10
`(2) However, the renewed term can not be for more than 3 years. 11
`(3) If the extension is made before the original term ends, the 12
renewed term is taken to start from the end of the original 13
term. 14
`(4) If the extension is made after the original term ends, the 15
renewed term is taken to have started immediately after the 16
end of that term. 17
`(5) However if subsection (4) applies-- 18
(a) the tenure conditions of the permit for the renewed term 19
do not start until the permit holder has agreed to them, 20
under section 52I(b); and 21
(b) until the permit holder has so agreed, the tenure 22
conditions of the permit for the original term that would 23
otherwise have been in force apply to the renewed term 24
as if they were the tenure conditions of the permit for the 25
renewed term. 26
`52I Restrictions on making extension 27
`If the Minister decides to grant the application, the extension 28
can not be made unless-- 29
(a) the annual rent for the first year of the renewed term has 30
been paid; and 31
s 56 38 s 56
Mining and Other Legislation Amendment Bill 2007
(b) the applicant has agreed in writing to the tenure 1
conditions of the permit for the renewed term and the 2
length of the renewed term; and 3
(c) prescribed security is still in force for the permit; and 4
(d) the Minister and the applicant have agreed about the 5
specific objectives for the permit for the renewed term; 6
and 7
(e) if the Minister has made a requirement under section 8
52E--the requirement has been complied with. 9
`52J Withdrawal of application if tenure conditions and 10
term not agreed to 11
`The application is taken to have been withdrawn if-- 12
(a) the Minister has decided to grant the application, and 13
has given the applicant notice of the tenure conditions of 14
the permit for the renewed term and the length of the 15
renewed term; and 16
(b) the applicant has not, within 30 business days after the 17
giving of the notice, agreed in writing to the tenure 18
conditions and the length of the renewed term. 19
`52K Making extension of permit 20
`(1) This section applies only if the Minister decides to grant the 21
application and any restrictions under section 52I do not apply 22
or have ceased to apply. 23
`(2) The chief executive must-- 24
(a) make the extension of permit by complying with section 25
123(3) in relation to the instrument for the permit to 26
reflect the particulars of the renewed term of the permit 27
as decided under this part; and 28
(b) give the applicant a copy of the amended instrument for 29
the permit. 30
s 56 39 s 56
Mining and Other Legislation Amendment Bill 2007
`52L Information notice about refusal 1
`If the Minister decides to refuse the application the Minister 2
must, as soon as practicable after the decision is made, give 3
the applicant an information notice about the decision. 4
`52M When refusal takes effect 5
`A refusal of the application does not take effect until the end 6
of the appeal period for the decision to refuse. 7
Note-- 8
See sections 110 (Period to appeal) and 112 (Stay of operation of 9
decision). 10
`Part 3 General provisions about 11
security 12
`52N Continuance of security for renewal of term 13
`(1) This section applies if, under part 2A, the term of a 14
geothermal exploration permit is renewed. 15
`(2) The security for the permit in force immediately before the 16
extension is taken to continue in force as security for the 17
permit for the renewed term despite any change to the permit 18
decided under part 2A for the making of the extension. 19
`(3) Without limiting subsection (2), the extension does not-- 20
(a) discharge or release a surety or other obligee, wholly or 21
partly, from an obligation under the security; or 22
(b) fulfil a condition allowing a person to terminate the 23
security or be released, wholly or partly, from an 24
obligation; or 25
(c) modify the operation or effect of the security. 26
`(4) If the advice or consent of, or giving notice to, a person would 27
be necessary to give effect to the continuance of the security 28
under subsection (2)-- 29
s 56 40 s 56
Mining and Other Legislation Amendment Bill 2007
(a) the advice is taken to have been obtained; and 1
(b) the consent or notice is taken to have been given. 2
`52O Minister's power to require additional security 3
`(1) The Minister may, at any time, require a permit holder to 4
increase the amount of security given for a permit. 5
`(2) If, because of an increase in the prescribed amount under 6
section 31(b), the requirement is to increase the total security 7
required to no more than the increased prescribed amount, the 8
requirement must be made by notice to the holder. 9
`(3) If the requirement is to increase the total security required to 10
more than the prescribed amount under section 31(b) when 11
the requirement is made-- 12
(a) subsections (4) to (6) must be complied with before 13
making the requirement; and 14
(b) the requirement does not take effect until the holder is 15
given an information notice about the decision to make 16
the requirement. 17
`(4) The Minister must give the holder notice-- 18
(a) stating the proposed increased amount of the security 19
for the permit; and 20
(b) inviting the holder to lodge, within a stated reasonable 21
period, submissions about the proposed increased 22
amount at-- 23
(i) the office of the department for lodging the 24
submissions, as stated in a gazette notice by the 25
chief executive; or 26
(ii) if no office is gazetted under subparagraph (i)--the 27
office of the chief executive. 28
`(5) The stated period must end at least 20 business days after the 29
holder is given the notice. 30
`(6) Any submissions lodged by the holder within the stated period 31
must be considered before deciding to make the requirement. 32
`(7) In this section-- 33
s 57 41 s 60
Mining and Other Legislation Amendment Bill 2007
security given, includes security given or increased because of 1
a requirement under subsection (1).'. 2
Clause 57 Amendment of s 55 (Replenishment of security) 3
Section 55(2), from `for the permit' to `section 31'-- 4
omit, insert-- 5
`to make it a prescribed security'. 6
Clause 58 Amendment of s 55A (Replacement of security) 7
Section 55A(2), from `in the form' to `section 31'-- 8
omit, insert-- 9
`with another prescribed security'. 10
Clause 59 Amendment of s 106 (Direction to give statement of 11
financial and technical resources) 12
Section 106(1), after `work program'-- 13
insert-- 14
`or later work program.'. 15
Clause 60 Amendment of s 124 (Access to register) 16
(1) Section 124(1)-- 17
omit, insert-- 18
`(1) The chief executive must-- 19
(a) keep the geothermal register open for inspection by the 20
public during office hours on business days at the places 21
the chief executive considers appropriate; and 22
(b) allow a person, on payment of the fee prescribed under a 23
regulation, to search and take extracts from the register; 24
and 25
(c) give a person who asks for it a copy of all or part of a 26
document or information held in the register, on 27
payment of the fee prescribed under a regulation.'. 28
s 61 42 s 61
Mining and Other Legislation Amendment Bill 2007
(2) Section 124-- 1
insert-- 2
`(3) This section is subject to section 124A.'. 3
Clause 61 Insertion of new ss 124A and 124B 4
Chapter 7, part 4-- 5
insert-- 6
`124A Arrangements with other departments for copies 7
from register 8
`(1) The chief executive may enter into an arrangement with 9
another department allowing it to carry out a search of, take 10
extracts from or obtain a copy of, particulars recorded in the 11
geothermal register, without payment of the fees prescribed 12
under section 124. 13
`(2) However, the chief executive may enter into an arrangement 14
under subsection (1) only if the chief executive is reasonably 15
satisfied the information obtained from the search or the copy 16
will not be-- 17
(a) used for a commercial purpose, including, for example, 18
the marketing or sale of the information or other 19
information; or 20
(b) included in another database of information, in any 21
form, other than with chief executive's approval. 22
`124B Supply of statistical data from register 23
`(1) The chief executive may enter into an agreement to supply 24
statistical data derived from instruments or information kept 25
in the geothermal register. 26
`(2) If the chief executive supplies statistical data under subsection 27
(1)-- 28
(a) the fees and charges applying for the supply of the data 29
are the fees and charges provided for in the agreement; 30
and 31
(b) without limiting paragraph (a), the agreement may also 32
state-- 33
s 62 43 s 62
Mining and Other Legislation Amendment Bill 2007
(i) how the fees and charges are to be calculated; and 1
(ii) how payment of the fees and charges is to be made. 2
`(3) Without limiting subsection (1), an agreement for the supply 3
of statistical data may limit the use to which the data supplied 4
may be put. 5
`(4) An agreement for the supply of statistical data must include-- 6
(a) a provision allowing the chief executive to exclude 7
particulars from data supplied under the agreement, if 8
the chief executive is satisfied, on reasonable grounds, 9
that inclusion of the particulars may result in the 10
particulars being inappropriately disclosed or used; and 11
(b) a provision allowing the chief executive to prohibit 12
disclosure, or to limit distribution or use, of data 13
supplied under the agreement. 14
`(5) An agreement under this section must not provide for the 15
obtaining of information or anything else that may be 16
obtained under a search of the geothermal register permitted 17
under this Act. 18
`(6) The chief executive must exclude permit particulars and 19
personal information from data supplied under the agreement. 20
`(7) Subsection (6) applies despite anything in the agreement. 21
`(8) In this section-- 22
permit particulars means particulars from any instrument or 23
information kept by the chief executive that may allow a 24
person to identify a geothermal exploration permit to which 25
the instrument or information relates. 26
personal information means a particular from any instrument 27
or information kept by the chief executive that may allow a 28
person to identify a person to whom the instrument or 29
information relates.'. 30
Clause 62 Insertion of new s 138A 31
After section 138-- 32
insert-- 33
s 62 44 s 62
Mining and Other Legislation Amendment Bill 2007
`138A Ministerial directions about the giving of information 1
`(1) The Minister may, in the way the Minister considers 2
appropriate, publish directions about the giving of 3
information, including the giving of additional information, to 4
the Minister or the chief executive for the purposes of this 5
Act. 6
`(2) A direction published under subsection (1) must state a 7
period, that is not less than 20 business days, within which the 8
information must be given. 9
`(3) Without limiting subsection (1), a direction may state how the 10
information must be given if this Act does not already so 11
provide. 12
Examples of how information may be required to be given-- 13
· by an approved form or a notice 14
· by progressive reporting under a work program or later work 15
program 16
· by a volumetric plan of survey 17
· by a geological survey 18
· by a statement, supporting an application for a geothermal 19
exploration permit, about the financial resources or technical advice 20
available to the applicant or the applicant's previous compliance 21
with a condition or provision of a geothermal exploration permit 22
`(4) If-- 23
(a) a person is required or permitted to give the Minister or 24
the chief executive (the official) information for a 25
particular purpose relating to this Act; and 26
(b) this Act does not state how the information may or must 27
be given to the official for the purpose; and 28
(c) the person gives the official the information in the way 29
required or permitted under the directions; 30
the person is taken to have given the official the information 31
for the purpose. 32
`(5) Unless a direction states a particular office of the department 33
where the information must be given, the information must be 34
given at the office of the chief executive. 35
`(6) The chief executive must-- 36
s 63 45 s 63
Mining and Other Legislation Amendment Bill 2007
(a) keep-- 1
(i) a copy of each direction; and 2
(ii) a record (by whatever name called) of each 3
direction, including the dates when each direction 4
was published and superseded; and 5
(b) make each direction and the record available to the 6
public in the way the chief executive considers 7
appropriate. 8
`(7) Without limiting subsection (6), the chief executive must 9
ensure an up-to-date copy of each direction and the record is 10
available to be read free of charge at each office of the 11
department and on the department's website.'. 12
Clause 63 Amendment of schedule (Dictionary) 13
(1) Schedule, definition tenure conditions-- 14
omit. 15
(2) Schedule-- 16
insert-- 17
`eligible person, to hold a geothermal exploration permit, 18
means-- 19
(a) an adult who is not an insolvent under administration; or 20
(b) a company or a registered body under the Corporations 21
Act, other than a company or a registered body that is an 22
externally-administered corporation under that Act; or 23
(c) a government owned corporation; or 24
(d) the State; or 25
(e) a local government. 26
instrument, for a permit, means the instrument created under 27
section 32(3)(a) for the permit, as amended under section 28
123(3) from time to time. 29
original term, for chapter 4, part 2A, see section 52A(2)(a). 30
prescribed security means security in the amount and form 31
prescribed under section 31(b), subject to any increase for the 32
permit from time to time under section 52O. 33
s 64 46 s 64
Mining and Other Legislation Amendment Bill 2007
renewal application see section 52A(1). 1
renewed term, for chapter 4, part 2A, see section 52C(2)(a). 2
tenure conditions, for a geothermal exploration permit, 3
means conditions of the permit imposed under section 29(1) 4
or 52F(1).'. 5
(3) Schedule, definition agreed specific objectives, after `section 6
31(d)'-- 7
insert-- 8
`or 52I(d)'. 9
(4) Schedule, definition geothermal exploration permit, 10
paragraph 1, after `chapter 3'-- 11
insert-- 12
`, and as amended from time to time under this Act'. 13
(5) Schedule, definition properly made application, paragraphs 14
(a) to (i)-- 15
renumber as paragraphs (b) to (j). 16
(6) Schedule, definition properly made application-- 17
insert-- 18
`(a) for an extension application--sections 52A and 52B; 19
or'. 20
(7) Schedule, definition security, after `section 31(b), as'-- 21
insert-- 22
`increased from time to time under section 52O or'. 23
Part 6 Amendment of Mineral 24
Resources Act 1989 25
Clause 64 Act amended in pt 6 26
This part amends the Mineral Resources Act 1989. 27
s 65 47 s 69
Mining and Other Legislation Amendment Bill 2007
Clause 65 Omission of s 6D (Notes in text) 1
Section 6D-- 2
omit. 3
Clause 66 Amendment of s 133 (Application for exploration permit) 4
Section 133(4)-- 5
omit. 6
Clause 67 Amendment of s 183 (Application for mineral 7
development licence) 8
Section 183(1)(m)(i)-- 9
insert-- 10
`(C) specifying the estimated human, technical 11
and financial resources proposed to be 12
committed to authorised activities for the 13
mineral development licence during each 14
year of the licence, if granted; and'. 15
Clause 68 Amendment of s 231C (Application for mineral 16
development licence (183)) 17
(1) Section 231C(1)(b), `prescribed under a regulation'-- 18
omit, insert-- 19
`approved by the Minister'. 20
(2) Section 231C(1)(c), `, in the way prescribed under a 21
regulation,'-- 22
omit. 23
Clause 69 Amendment of s 245 (Application for grant of mining 24
lease) 25
Section 245(1)(o)(iii)-- 26
insert-- 27
`(C) specifying the estimated human, technical 28
and financial resources proposed to be 29
s 70 48 s 72
Mining and Other Legislation Amendment Bill 2007
committed to authorised activities for the 1
mining lease during each year of the lease, if 2
granted; and'. 3
Clause 70 Replacement of s 286B (Chief executive must give copy 4
of application to EPA administering authority) 5
Section 286B-- 6
omit, insert-- 7
`286B Chief executive must give copy of application and 8
renewed mining lease to EPA administering authority 9
`(1) If an application is made for the renewal of a mining lease, the 10
chief executive must give the EPA administering authority a 11
copy within 5 business days. 12
`(2) If the Governor in Council grants a renewal of a mining lease, 13
the chief executive must, within 5 business days, give the 14
EPA administering authority written notice that the mining 15
lease has been renewed.'. 16
Clause 71 Amendment of pt 7AA, div 2, sdiv 3, hdg (Provisions for 17
splitting application in particular circumstances) 18
Part 7AA, division 2, subdivision 3, heading, `splitting 19
application'-- 20
omit, insert-- 21
`separate applications'. 22
Clause 72 Amendment of s 318AQ (Requirement to split application 23
if it relates to petroleum lease and authority to prospect 24
not held by same person) 25
(1) Section 318AQ, heading-- 26
omit, insert-- 27
`318AQ Requirement for separate applications relating to 28
authority to prospect and petroleum lease not held by 29
same person'. 30
(2) Section 318AQ(1), `the application is'-- 31
omit, insert-- 32
s 73 49 s 74
Mining and Other Legislation Amendment Bill 2007
`a person to whom this division applies wishes to make an 1
application to which this division applies' 2
(3) Section 318AQ(2)-- 3
omit, insert-- 4
`(2) The person must lodge separate mining lease applications for 5
the authority to prospect part and the petroleum lease part.'. 6
(4) Section 318AQ(5) and (6)-- 7
omit. 8
Clause 73 Amendment of s 318AR (Power to split application if it 9
includes other land) 10
(1) Section 318AR, heading-- 11
omit, insert-- 12
`318AR Requirement for separate application for other land'. 13
(2) Section 318AR(1), `the application'-- 14
omit, insert-- 15
`a person to whom this division applies wishes to make an 16
application to which this division applies and the proposed 17
application' 18
(3) Section 318AR(2)-- 19
omit, insert-- 20
`(2) The person must lodge a separate mining lease application for 21
the other part.'. 22
(4) Section 318AR(4) and (5)-- 23
omit. 24
Clause 74 Omission of s 318AS (Power to split application at 25
applicant's request) 26
Section 318AS-- 27
omit. 28
s 75 50 s 76
Mining and Other Legislation Amendment Bill 2007
Clause 75 Amendment of s 318AT (Applicant's obligations) 1
(1) Section 318AT(2), `subsection (1)(b)(iii) and (ba)'-- 2
omit, insert-- 3
`subsection (1)(b)(ii) and (c)'. 4
(2) Section 318AT(3), `subsection (1)(b)(iii)'-- 5
omit, insert-- 6
`subsection (1)(b)(ii)'. 7
(3) Section 318AT(3), `agreement'-- 8
omit, insert-- 9
`testing arrangement'. 10
Clause 76 Amendment of s 318BQ (Requirement to split application 11
if it relates to petroleum lease and authority to prospect 12
not held by same person) 13
(1) Section 318BQ, heading-- 14
omit, insert-- 15
`318BQ Requirement for separate applications relating to 16
petroleum lease and authority to prospect not held by 17
same person'. 18
(2) Section 318BQ(1), `the application is'-- 19
omit. 20
(3) Section 318BQ(1)(a), before `for land' 21
insert-- 22
`a person to whom this division applies wishes to make an 23
application to which this division applies'. 24
(4) Section 318BQ(2)-- 25
omit, insert-- 26
`(2) The person must lodge separate mining lease applications for 27
the authority to prospect part and the petroleum lease part.'. 28
(5) Section 318BQ(5) and (6)-- 29
omit. 30
s 77 51 s 79
Mining and Other Legislation Amendment Bill 2007
Clause 77 Amendment of s 318BR (Power to split application if it 1
includes other land) 2
(1) Section 318BR, heading-- 3
omit, insert-- 4
`318BR Requirement for separate application for other land'. 5
(2) Section 318BR(1), `the application'-- 6
omit, insert-- 7
`a person to whom this division applies wishes to make an 8
application to which this division applies and the proposed 9
application' 10
(3) Section 318BR(2)-- 11
omit, insert-- 12
`(2) The person must lodge a separate mining lease application for 13
the other part.'. 14
(4) Section 318BR(4) and (5)-- 15
omit. 16
Clause 78 Omission of s 318BS (Power to split application at 17
applicant's request) 18
Section 318BS-- 19
omit. 20
Clause 79 Replacement of ss 318BY and 318BZ 21
Sections 318BY and 318BZ-- 22
omit, insert-- 23
`318BY Requirement for separate application for other land 24
`(1) This section applies if-- 25
(a) a person to whom this division applies wishes to make 26
an application to which this division applies; and 27
(b) the proposed application includes land (the other part) 28
in the area of an authority to prospect held by someone 29
else. 30
s 80 52 s 81
Mining and Other Legislation Amendment Bill 2007
`(2) The person must lodge a separate mining lease application for 1
the other part. 2
`(3) The separate application must be decided under division 2.2'. 3
Clause 80 Amendment of s 318CB (Restriction on issuing certificate 4
of public notice and additional requirements for grant) 5
Section 318CB-- 6
insert-- 7
`(2A) Despite subsection (1), a certificate of public notice may be 8
issued under section 252A for the application if the petroleum 9
lease holder has consented to the making of the application 10
and the issuing of the notice.'. 11
Clause 81 Replacement of ss 318CE and 318CF 12
Sections 318CE and 318CF-- 13
omit, insert-- 14
`318CE Requirement for separate application for other land 15
`(1) This section applies if-- 16
(a) a person to whom this division applies wishes to make 17
an application to which this division applies; and 18
(b) the proposed application includes land (the other part) 19
in the area of an authority to prospect held by someone 20
else. 21
`(2) The person must lodge a separate mining lease application for 22
the other part. 23
`(3) The separate application must be decided under division 2.3'. 24
2 Division 2 (Obtaining coal or oil shale mining lease over land in area of authority to
prospect (other than by or jointly with, or with the consent of, authority to prospect
holder))
3 Division 2 (Obtaining coal or oil shale mining lease over land in area of authority to
prospect (other than by or jointly with, or with the consent of, authority to prospect
holder))
s 82 53 s 85
Mining and Other Legislation Amendment Bill 2007
Clause 82 Amendment of s 318CU (Obligation to measure and 1
record coal seam gas mined) 2
(1) Section 318 CU(1)(a), `, under section 318CM,'-- 3
omit. 4
(2) Section 318CU(1)(a)-- 5
insert-- 6
`Note-- 7
Noncompliance with the conditions under this section may also 8
be an offence. See the Petroleum and Gas (Production and 9
Safety) Act, sections 15 (When petroleum is produced) and 801 10
(Petroleum producer's measurement obligations).'. 11
Clause 83 Amendment of s 318CV (Obligation to lodge annual 12
reports) 13
Section 318CV(4), definition anniversary day, `day the 14
mining lease took effect'-- 15
omit, insert-- 16
`day on which the term of the mining lease started'. 17
Clause 84 Amendment of s 318DJ (Applied provisions for renewal 18
application) 19
(1) Section 318DJ(2), definition adopted provisions, paragraph 20
(d), after `division 3'-- 21
insert-- 22
`, other than section 318BQ'. 23
(2) Section 318DJ(2), definition adopted provisions, paragraph 24
(e), after `division 5'-- 25
insert-- 26
`, other than section 318BY'. 27
Clause 85 Amendment of s 318EB (Obligation to lodge proposed 28
later development plan) 29
(1) Section 318EB(3)(a), `80'-- 30
s 86 54 s 87
Mining and Other Legislation Amendment Bill 2007
omit, insert-- 1
`100'. 2
(2) Section 318EB(5)(a), `20'-- 3
omit, insert-- 4
`40'. 5
(3) Section 318EB(6), definition relevant fee, paragraph (b)(ii) 6
and (iii)-- 7
omit, insert-- 8
`(ii) if it is not lodged under subsection (4)--an amount 9
that is 10 times the prescribed fee.'. 10
Clause 86 Amendment of s 319 (Effect on development) 11
(1) Section 319(1), `subsection (2)'-- 12
omit, insert-- 13
`subsections (2) and (3)'. 14
(2) Section 319-- 15
insert-- 16
`(3) For applying the Planning Act in relation to the Building Act 17
1975-- 18
(a) the Planning Act applies to building work, as defined 19
under that Act, forming part of development authorised 20
under this Act, including development authorised under 21
a mining tenement; and 22
(b) the building work is taken to be self-assessable building 23
work for the Building Act 1975, section 21. 24
Note-- 25
See in particular the Planning Act, section 4.3.2 (Self-assessable 26
development must comply with codes).'. 27
Clause 87 Amendment of s 387 (Registers to be maintained) 28
Section 387-- 29
insert-- 30
s 88 55 s 88
Mining and Other Legislation Amendment Bill 2007
`(3) A register kept by the chief executive or a mining registrar 1
must be kept in the form decided by the chief executive.'. 2
Clause 88 Insertion of new ss 387A387C 3
After section 387-- 4
insert-- 5
`387A Access to registers 6
`(1) This section applies in relation to the register that the chief 7
executive or a mining registrar must maintain under section 8
387. 9
`(2) The chief executive or the mining registrar must-- 10
(a) keep the register open for inspection by the public 11
during office hours on business days at-- 12
(i) for the chief executive--the places the chief 13
executive considers appropriate; or 14
(ii) for a mining registrar--the registrar's office; and 15
(b) allow a person, on payment of the fee prescribed under a 16
regulation, to search and take extracts from the register; 17
and 18
(c) give a person who asks for it a copy of all or part of a 19
notice, a document or information held in the register, 20
on payment of the fee prescribed under a regulation. 21
`(3) Subsection (2) is subject to section 387B. 22
`387B Arrangements with other departments for copies 23
from a register 24
`(1) The chief executive may enter into an arrangement with 25
another department allowing it to carry out a search of, take 26
extracts from or obtain a copy of, particulars recorded in a 27
register, without payment of the fees prescribed under section 28
387A. 29
`(2) However, the chief executive may enter into an arrangement 30
under subsection (1) only if the chief executive is reasonably 31
satisfied the information obtained from the search or the copy 32
will not be-- 33
s 88 56 s 88
Mining and Other Legislation Amendment Bill 2007
(a) used for a commercial purpose, including, for example, 1
the marketing or sale of the information or other 2
information; or 3
(b) included in another database of information, in any 4
form, other than with chief executive's approval. 5
`387C Supply of statistical data from a register 6
`(1) The chief executive may enter into an agreement to supply 7
statistical data derived from instruments or information kept 8
in a register. 9
`(2) If the chief executive supplies statistical data under subsection 10
(1)-- 11
(a) the fees and charges applying for the supply of the data 12
are the fees and charges provided for in the agreement; 13
and 14
(b) without limiting paragraph (a), the agreement may also 15
state-- 16
(i) how the fees and charges are to be calculated; and 17
(ii) how payment of the fees and charges is to be made. 18
`(3) Without limiting subsection (1), an agreement for the supply 19
of statistical data may limit the use to which the data supplied 20
may be put. 21
`(4) An agreement for the supply of statistical data must include-- 22
(a) a provision allowing the chief executive to exclude 23
particulars from data supplied under the agreement, if 24
the chief executive is satisfied, on reasonable grounds, 25
that inclusion of the particulars may result in the 26
particulars being inappropriately disclosed or used; and 27
(b) a provision allowing the chief executive to prohibit 28
disclosure, or to limit distribution or use, of data 29
supplied under the agreement. 30
`(5) An agreement under this section must not provide for the 31
obtaining of information or anything else that may be 32
obtained under a search of a register permitted under this Act. 33
s 89 57 s 90
Mining and Other Legislation Amendment Bill 2007
`(6) The chief executive must exclude mining tenement particulars 1
and personal information from data supplied under the 2
agreement. 3
`(7) Subsection (6) applies despite anything in the agreement. 4
`(8) In this section-- 5
mining tenement particulars means particulars from any 6
instrument or information kept by the chief executive or a 7
mining registrar that may allow a person to identify a mining 8
tenement to which the instrument or information relates. 9
personal information means a particular from any instrument 10
or information kept by the chief executive or a mining 11
registrar that may allow a person to identify a person to whom 12
the instrument or information relates.'. 13
Clause 89 Amendment of s 391B (Right of access for authorised 14
activities includes access for rehabilitation and 15
environmental management) 16
Section 391B, `part'-- 17
omit, insert-- 18
`Act'. 19
Clause 90 Insertion of new s 404E 20
After section 404D-- 21
insert-- 22
`404E Interference with road 23
`(1) A person must not perform a mining activity in a way that 24
obstructs a road, unless the mining activity is expressly 25
authorised under a mining tenement. 26
Maximum penalty--200 penalty units. 27
`(2) A person must not, in performing a mining activity, 28
undermine a road in a way that endangers any person using, or 29
likely to use, the road. 30
Maximum penalty--200 penalty units. 31
`(3) In this section-- 32
s 91 58 s 91
Mining and Other Legislation Amendment Bill 2007
mining activity means an activity for the purpose of mining 1
and includes, for example-- 2
(a) depositing earth or material; and 3
(b) disturbing the surface of the ground; and 4
(c) erecting works; and 5
(d) sinking a shaft.'. 6
Clause 91 Insertion of new s 416B 7
After section 416A-- 8
insert-- 9
`416B Ministerial directions about the giving of information 10
`(1) The Minister may, in the way the Minister considers 11
appropriate, publish directions about the giving of 12
information, including the giving of additional information, to 13
the Minister or the chief executive for the purposes of this 14
Act. 15
`(2) A direction published under subsection (1) must state a 16
period, that is not less than 20 business days, within which the 17
information must be given. 18
`(3) Without limiting subsection (1), the directions may provide 19
for how the information must be given if this Act does not 20
already so provide. 21
Examples of how information may be required to be given-- 22
· by an approved form or a notice 23
· by progressive reporting under a development plan 24
· by a volumetric plan of survey 25
· by a geological survey 26
· by a statement, supporting an application for a mining tenement, 27
about the financial resources or technical advice available to the 28
applicant or the applicant's previous compliance with a condition or 29
provision of a mining tenement 30
`(4) If-- 31
(a) a person is required or permitted to give the Minister, 32
the chief executive or a mining registrar (the official) 33
s 92 59 s 93
Mining and Other Legislation Amendment Bill 2007
information for a particular purpose relating to this Act; 1
and 2
(b) this Act does not provide for how the information may 3
or must be given to the official for the purpose; and 4
(c) the person gives the official the information in the way 5
required or permitted under the directions; 6
the person is taken to have given the official the information 7
for the purpose. 8
`(5) Unless a direction states a particular office of the department 9
where the information must be given, the information must be 10
given at the office of the chief executive. 11
`(6) The chief executive must-- 12
(a) keep-- 13
(i) a copy of each direction; and 14
(ii) a record (by whatever name called) of each 15
direction, including the dates when each direction 16
was published and superseded; and 17
(b) make each direction and the record available to the 18
public in the way the chief executive considers 19
appropriate. 20
`(7) Without limiting subsection (6), the chief executive must 21
ensure an up-to-date copy of each direction and the record is 22
available to be read free of charge at each office of the 23
department and on the department's website.'. 24
Clause 92 Amendment of s 672 (Fixing of date for combined 25
hearing) 26
Section 672, `mining registrar'-- 27
omit, insert-- 28
`tribunal'. 29
Clause 93 Amendment of s 747 (Continuation of particular rights 30
relating to coal seam gas under mineral hydrocarbon 31
mining leases) 32
Section 747(2)(b)-- 33
s 94 60 s 94
Mining and Other Legislation Amendment Bill 2007
omit, insert-- 1
`(b) section 318CU; and 2
(c) the following provisions of the Petroleum and Gas 3
(Production and Safety) Act-- 4
(i) chapters 6, 9, 10 and 11; 5
(ii) chapter 8, parts 1 and 2; 6
(iii) chapters 12 to 14 to the extent they apply for the 7
provisions mentioned in subparagraphs (i) and 8
(ii).4'. 9
Clause 94 Insertion of new pt 19, div 9 10
Part 19-- 11
insert-- 12
`Division 9 Transitional provision for Mining 13
and Other Legislation Amendment 14
Act 2007 15
`766 Provision for amendment of s 133 16
`(1) This section applies for an exploration permit application if-- 17
(a) it was lodged on or before 31 March 2003; and 18
(b) it had not been decided before the commencement of 19
this section; and 20
(c) any of the native title provisions apply for the deciding 21
of the application. 22
`(2) Section 133 applies for the deciding of the application as if the 23
amendment of that section under the Mining and Other 24
Legislation Amendment Act 2007 had not been enacted.'. 25
4 Petroleum and Gas (Production and Safety) Act 2004, chapters 6 (Petroleum
royalty), 8 (Petroleum and fuel gas measurement), 9 (Safety), 10 (Investigations and
enforcement), 11 (General offences), 12 (Reviews and appeals), 13 (Evidence and
legal proceedings) and 14 (Miscellaneous provisions)
s 95 61 s 97
Mining and Other Legislation Amendment Bill 2007
Clause 95 Amendment of schedule (Dictionary) 1
Schedule-- 2
insert-- 3
`financial resources, for a provision about an application for 4
an exploration permit, mineral development licence or mining 5
lease, includes the financial resources necessary to comply 6
with the following for the area to which the application 7
relates-- 8
(a) any relevant provisions of the Commonwealth Native 9
Title Act; 10
(b) any registered indigenous land use agreement under that 11
Act.'. 12
Part 7 Amendment of Mining And 13
Quarrying Safety and Health 14
Act 1999 15
Clause 96 Act amended in pt 7 16
This part and the schedule amend the Mining and Quarrying 17
Safety and Health Act 1999. 18
Clause 97 Amendment of s 31 (Discharge of obligations) 19
Section 31, penalty, paragraphs (a) to (d)-- 20
omit, insert-- 21
`(a) if the contravention caused multiple deaths--2000 22
penalty units or 3 years imprisonment; or 23
(b) if the contravention caused death or grievous bodily 24
harm--1000 penalty units or 2 years imprisonment; or 25
(c) if the contravention caused bodily harm--750 penalty 26
units or 1 year's imprisonment; or 27
s 98 62 s 101
Mining and Other Legislation Amendment Bill 2007
(d) if the contravention involved exposure to a substance 1
that is likely to cause death or grievous bodily 2
harm--750 penalty units or 1 year's imprisonment; or 3
(e) otherwise--500 penalty units or 6 months 4
imprisonment.'. 5
Clause 98 Amendment of s 69 (Membership of council) 6
Section 69(2)-- 7
omit, insert-- 8
`(2) The chairperson of the council is the chief executive or the 9
chief executive's nominee.'. 10
Clause 99 Amendment of s 70 (Organisations to submit names to 11
Minister) 12
Section 70(4), `4 or'-- 13
omit, insert-- 14
`6 or'. 15
Clause 100 Amendment of s 71 (Appointment of members) 16
(1) Section 71(4), from `council'-- 17
omit, insert-- 18
`council.'. 19
(2) Section 71(5), `to be a member'-- 20
omit, insert-- 21
`under subsection (1)'. 22
(3) Section 71(6), `to the council'-- 23
omit, insert-- 24
`under subsection (1)'. 25
Clause 101 Amendment of s 72 (Duration of appointment) 26
(1) Section 72(1)-- 27
s 102 63 s 102
Mining and Other Legislation Amendment Bill 2007
omit, insert-- 1
`(1) A member of the council may be appointed, or re-appointed, 2
by the Minister under section 71(1) for a term of not more 3
than 3 years.'. 4
(2) Section 72(2)-- 5
omit. 6
Clause 102 Insertion of new s 74A 7
After section 74-- 8
insert-- 9
`74A Substitute members 10
`(1) The Minister may appoint 2 persons (substitute members) 11
from each panel submitted under section 70(1), in addition to 12
the persons appointed under section 71(1), to take part in 13
meetings of the council in place of a member (original 14
member) appointed from the same panel. 15
`(2) One of the persons appointed from the panel submitted by 16
industrial organisations representing workers must be a 17
member of the industrial organisation that represents the 18
majority of the workers in Queensland. 19
`(3) When appointing a substitute member, the Minister must 20
consider the matters mentioned in section 71(6)(a), (b) and 21
(c). 22
`(4) A substitute member may be appointed, or reappointed, for a 23
term of not more than 3 years. 24
`(5) A person stops being a substitute member if, for any reason or 25
none, the Minister gives the person written notification that 26
the person is no longer a substitute member. 27
`(6) While taking part in a meeting in place of an original member, 28
a substitute member is a member of the council and-- 29
(a) is entitled to the same remuneration and allowances that 30
the original member is entitled to; and 31
(b) is subject to the conditions, mentioned in section 73(2) 32
and applying to the original member, that are capable of 33
applying to the substitute member.'. 34
s 103 64 s 106
Mining and Other Legislation Amendment Bill 2007
Clause 103 Amendment of s 92 (Functions of site safety and health 1
representatives) 2
Section 92(1)(a), `, a supervisor or an inspector'-- 3
omit, insert-- 4
`or a supervisor, inspector, inspection officer or authorised 5
officer'. 6
Clause 104 Amendment of pt 9 hdg (Inspectors and inspection 7
officers and directives) 8
Part 9, heading, `inspection'-- 9
omit, insert-- 10
`other'. 11
Clause 105 Insertion of new s 124A 12
After section 124-- 13
insert-- 14
`124A Appointment conditions and limit on powers and 15
functions 16
`(1) A person who is appointed as an inspector or inspection 17
officer holds office on any conditions stated in-- 18
(a) the person's instrument of appointment; or 19
(b) a signed notice given to the person by the chief 20
executive. 21
`(2) The instrument of appointment, a notice given to the person 22
by the chief executive or a regulation may limit the person's 23
functions or powers under this Act for the office.'. 24
Clause 106 Renumbering of pt 9, divs 24 25
Part 9, divisions 2 to 4-- 26
renumber as part 9, divisions 4 to 6. 27
s 107 65 s 107
Mining and Other Legislation Amendment Bill 2007
Clause 107 Insertion of new pt 9, div 2 and pt 9, div 3 hdg 1
After section 126-- 2
insert-- 3
`Division 2 Authorised officers 4
`126A Appointments 5
`The chief executive may appoint officers or employees of the 6
public service as authorised officers. 7
`126B Qualifications for appointment as authorised officer 8
`(1) The chief executive may only appoint a person as an 9
authorised officer after deciding the functions the person may 10
perform under this Act having regard to the person's 11
competencies and experience. 12
`(2) If the chief executive decides that the functions the person 13
may perform as an authorised officer are limited because of 14
the person's competencies and experience, the chief 15
executive, when appointing the person as an authorised 16
officer, must correspondingly limit the extent to which the 17
person may perform functions or exercise powers as provided 18
under section 126C. 19
`126C Appointment conditions and limit on functions and 20
powers 21
`(1) A person who is appointed as an authorised officer holds 22
office on any conditions stated in-- 23
(a) the person's instrument of appointment; or 24
(b) a signed notice given to the person by the chief 25
executive. 26
`(2) The instrument of appointment, a notice given to the person 27
by the chief executive or a regulation may limit the person's 28
functions or powers under this Act for the office. 29
s 107 66 s 107
Mining and Other Legislation Amendment Bill 2007
`(3) An authorised officer is also subject to the directions of the 1
chief inspector in performing the functions or exercising the 2
powers. 3
`(4) This section applies despite any other provision of this Act. 4
`126D Functions of authorised officers 5
`Subject to sections 126B and 126C, authorised officers have 6
the following functions-- 7
(a) to monitor safety and health performance at mines; 8
(b) to inspect and audit mines to assess whether risk is at an 9
acceptable level; 10
(c) to help persons to achieve the purposes of this Act by 11
providing advice and information on how the purposes 12
are to be achieved; 13
(d) to check that safety and health management systems and 14
procedures are in place to control risk to persons 15
affected by operations; 16
(e) to investigate serious accidents and high potential 17
incidents and other matters at mines that affect the 18
effective management of risk to persons; 19
(f) to investigate complaints about matters relating to safety 20
or health resulting from operations. 21
`126E Information about functions and powers 22
`(1) This section applies if before exercising a power or further 23
exercising a power in relation to a person, an authorised 24
officer is asked by the person for information about the 25
authorised officer's functions or powers under the Act. 26
`(2) The authorised officer must only exercise, or continue to 27
exercise, the power in relation to the person if the authorised 28
officer first produces for the person's inspection a list of the 29
authorised officer's functions and powers under the Act. 30
s 108 67 s 111
Mining and Other Legislation Amendment Bill 2007
`Division 3 Identity cards for inspectors, 1
inspection officers and authorised 2
officers'. 3
Clause 108 Amendment of s 127 (Identity cards) 4
(1) Section 127(1), `and inspection'-- 5
omit, insert-- 6
`, inspection officer and authorised'. 7
(2) Section 127(2), `or inspection'-- 8
omit, insert-- 9
`, inspection officer or authorised'. 10
Clause 109 Amendment of s 129 (Production or display of identity 11
card) 12
(1) Section 129(1), first and second mention, and 129(2), `or 13
inspection'-- 14
omit, insert-- 15
`, inspection officer or authorised'. 16
(2) Section 129(1)(a), `inspection'-- 17
omit. 18
Clause 110 Replacement of pt 9, div 4 hdg, as renumbered (Powers of 19
inspectors and inspection officers) 20
Part 9, division 4, as renumbered, heading-- 21
omit, insert-- 22
`Division 4 Powers of inspectors, inspection 23
officers and authorised officers'. 24
Clause 111 Renumbering of pt 9, div 4, as renumbered, sdiv 17 25
Part 9, division 4, as renumbered, subdivisions 1 to 7-- 26
renumber as part 9, division 4, subdivisions 2 to 8. 27
s 112 68 s 115
Mining and Other Legislation Amendment Bill 2007
Clause 112 Insertion of new pt 9, div 4, as renumbered, sdiv 1 1
Part 9, division 4, as renumbered-- 2
insert-- 3
`Subdivision 1 Preliminary 4
`129A Definition for div 4 5
`In this division-- 6
officer means an inspector, an inspection officer or an 7
authorised officer.'. 8
Clause 113 Amendment of s 131 (Consent to entry) 9
(1) Section 131, `inspector or inspection'-- 10
omit. 11
(2) Section 131(4)(c), after `officer'-- 12
insert-- 13
`or other officer'. 14
Clause 114 Amendment of s 136 (General powers after entering mine 15
or other places) 16
(1) Section 136, `inspector or inspection'-- 17
omit. 18
(2) Section 136(3)(f), `inspector's or inspection'-- 19
omit. 20
Clause 115 Amendment of s 139 (Site senior executive must help 21
inspector or inspection officer) 22
(1) Section 139, `inspector or inspection'-- 23
omit. 24
(2) Section 139(1), `inspector's or inspection'-- 25
omit. 26
s 116 69 s 119
Mining and Other Legislation Amendment Bill 2007
Clause 116 Amendment of s 142 (Tampering with things subject to 1
seizure) 2
(1) Section 142, `inspector or inspection'-- 3
omit. 4
(2) Section 142, `inspector's or inspection'-- 5
omit. 6
Clause 117 Amendment of s 147 (Access to things that have been 7
seized) 8
(1) Section 147(1), `inspector or inspection'-- 9
omit. 10
(2) Section 147(3), `inspector'-- 11
omit, insert-- 12
`an officer'. 13
Clause 118 Amendment of s 148 (Inspector may stop and secure 14
plant and equipment) 15
(1) Section 148, heading, `Inspector'-- 16
omit, insert-- 17
`Officer'. 18
(2) Section 148(1) and (2), `inspector or inspection'-- 19
omit. 20
Clause 119 Amendment of s 151 (Power to require production of 21
documents) 22
(1) Section 151(1) to (5), `inspector or inspection'-- 23
omit. 24
(2) Section 151(6), `an inspector'-- 25
omit, insert-- 26
`the officer'. 27
(3) Section 151(6), `the inspector'-- 28
s 120 70 s 123
Mining and Other Legislation Amendment Bill 2007
omit, insert-- 1
`the officer'. 2
(4) Section 151-- 3
insert-- 4
`(6A) If an officer keeps a document under subsection (6), the 5
officer must give a copy of the document to the person 6
responsible for keeping the document.'. 7
Clause 120 Amendment of s 170 (Records must be kept) 8
(1) Section 170-- 9
insert-- 10
`(1A) An authorised officer must keep an accurate record of all 11
reports given by the authorised officer under this Act.'. 12
(2) Section 170(2) and (3), after `inspection officer'-- 13
insert-- 14
`, authorised officer'. 15
Clause 121 Amendment of s 176 (False and misleading statements) 16
Section 176(1), `or inspection officer'-- 17
omit, insert-- 18
`, inspection officer, authorised officer or district workers' 19
representative'. 20
Clause 122 Amendment of s 177 (False or misleading documents) 21
Section 177(1) and (2)(a), after `inspection officer'-- 22
insert-- 23
`, authorised officer'. 24
Clause 123 Amendment of s 178 (Obstructing inspectors, inspection 25
officers or district worker's representatives) 26
(1) Section 178, heading, `inspection'-- 27
s 124 71 s 124
Mining and Other Legislation Amendment Bill 2007
omit. 1
(2) Section 178(1) and (2), after `inspection officer'-- 2
insert-- 3
`, authorised officer'. 4
Clause 124 Amendment of s 195 (Notice of accidents, incidents or 5
diseases) 6
(1) Section 195, heading, after `incidents'-- 7
insert-- 8
`, deaths'. 9
(2) Section 195(1), `or high potential incident'-- 10
omit, insert-- 11
`, high potential incident or a death'. 12
(3) Section 195(1), `or incident'-- 13
omit, insert-- 14
`, incident or death'. 15
(4) Section 195(2)-- 16
omit, insert-- 17
`(2) Subsection (3) applies to-- 18
(a) a serious accident at a mine resulting in a person 19
receiving-- 20
(i) a bodily injury endangering, or likely to endanger, 21
the person's life; or 22
(ii) an injury causing, or likely to cause, a permanent 23
injury to the person's health; or 24
(b) a high potential incident at a mine of a type prescribed 25
under a regulation; or 26
(c) a death at a mine, whether or not caused by an accident 27
at the mine.'. 28
(5) Section 195(3), `or incident'-- 29
s 125 72 s 128
Mining and Other Legislation Amendment Bill 2007
omit, insert-- 1
`, incident or death'. 2
(6) Section 195(5), `serious accident results in'-- 3
omit, insert-- 4
`oral report relates to a'. 5
Clause 125 Amendment of s 223 (Who may appeal) 6
Section 223(b), `division 3'-- 7
omit, insert-- 8
`division 5'. 9
Clause 126 Amendment of s 229 (Proof of appointments and 10
authority unnecessary) 11
Section 229(1)(a) and (b), after `an inspection officer,'-- 12
insert-- 13
`an authorised officer,'. 14
Clause 127 Amendment of s 230 (Proof of signatures unnecessary) 15
Section 230, after `an inspection officer,'-- 16
insert-- 17
`an authorised officer,'. 18
Clause 128 Amendment of s 231 (Evidentiary aids) 19
(1) Section 231(4), `or inspection officer'-- 20
omit, insert-- 21
`inspection officer, an authorised officer'. 22
(2) Section 231(5), definition certificate, after `an inspection 23
officer,'-- 24
insert-- 25
`an authorised officer,'. 26
s 129 73 s 132
Mining and Other Legislation Amendment Bill 2007
Clause 129 Amendment of s 247 (Person not to encourage refusal to 1
answer questions) 2
Section 247(1), after `inspection officer'-- 3
insert-- 4
`, authorised officer'. 5
Clause 130 Amendment of s 248 (Impersonating inspector or 6
inspection officers and others) 7
(1) Section 248, heading, `inspector or inspection officers and 8
others'-- 9
omit, insert-- 10
`inspectors, officers or representatives'. 11
(2) Section 248, after `inspection officer,'-- 12
insert-- 13
`authorised officer,'. 14
Clause 131 Amendment of s 249 (Protection for officers) 15
Section 249(2), definition officer, paragraphs (c) and (d)-- 16
omit, insert-- 17
`(c) an authorised officer; or 18
(d) a district workers' representative; or 19
(e) a site safety and health representative.'. 20
Clause 132 Amendment of s 256 (Protection from liability) 21
Section 256(3), definition official, paragraphs (f) to (h)-- 22
omit, insert-- 23
`(f) an authorised officer; or 24
(g) a person acting under the direction of or helping an 25
inspector, inspection officer or authorised officer; or 26
(h) a member or a substitute member of the council; or 27
s 133 74 s 137
Mining and Other Legislation Amendment Bill 2007
(i) a district workers' representative or a site safety and 1
health representative.'. 2
Clause 133 Amendment of s 262 (Regulation-making power) 3
Section 262(3)(e), after `officers,'-- 4
insert-- 5
`authorised officers,'. 6
Clause 134 Amendment of sch 2 (Dictionary) 7
Schedule 2-- 8
insert-- 9
`authorised officer means a person appointed as an authorised 10
officer under this Act. 11
officer, for part 9, division 4, see section 129A. 12
substitute member see section 74A(1).'. 13
Part 8 Amendment of Petroleum Act 14
1923 15
Clause 135 Act amended in pt 8 and schedule 16
This part and the schedule amend the Petroleum Act 1923 17
Clause 136 Omission of s 7B (Notes in text) 18
Section 7B-- 19
omit. 20
Clause 137 Amendment of s 25L (Conditions for renewal application) 21
Section 25L(2)(c), after `2004 Act lease'-- 22
insert-- 23
s 138 75 s 141
Mining and Other Legislation Amendment Bill 2007
`, other than a 2004 Act lease granted under the 2004 Act, 1
chapter 3, part 2, division 2 or part 3, division 3'. 2
Clause 138 Amendment of s 40 (Lease to holder of authority to 3
prospect) 4
Section 40(1), `may apply'-- 5
omit, insert-- 6
`may, by signed writing, apply'. 7
Clause 139 Amendment of s 45 (Entitlement to renewal of lease) 8
(1) Section 45(1), after `renewal of the lease'-- 9
insert-- 10
`by the Governor in Council'. 11
(2) Section 45(2A)(d)-- 12
renumber as section 45(2A)(e). 13
(3) Section 45(2A)-- 14
insert-- 15
`(d) include a statement about how and when the applicant 16
proposes to consult with, and keep informed, each 17
owner and occupier of private or public land on which 18
authorised activities for the renewed lease are, or are 19
likely to be, carried out; and'. 20
Clause 140 Amendment of s 48 (Commencement of drilling) 21
Section 48(2), `section 57'-- 22
omit, insert-- 23
`section 49'. 24
Clause 141 Amendment of s 53B (Plan period) 25
Section 53B(2)(b), after `start of the term'-- 26
insert-- 27
`or renewed term'. 28
s 142 76 s 145
Mining and Other Legislation Amendment Bill 2007
Clause 142 Omission of s 54 (Signing of applications) 1
Section 54-- 2
omit. 3
Clause 143 Amendment, relocation and renumbering of s 57 4
(Ascertainment of value) 5
(1) Section 57, `For the purposes of this Act'-- 6
omit, insert-- 7
`For section 48(2)'. 8
(2) Section 57-- 9
relocate and renumber as section 49. 10
Clause 144 Amendment of s 74K (Obligation to lodge proposed later 11
work program) 12
(1) Section 74K(3) and (5)(a), `20'-- 13
omit, insert-- 14
`40'. 15
(2) Section 74K(3), `60'-- 16
omit, insert-- 17
`100'. 18
(3) Section 74K(6), definition relevant fee, paragraph (b)(ii) and 19
(iii)-- 20
omit, insert-- 21
`(ii) if it is not lodged under subsection (4)--an amount 22
that is 10 times the prescribed fee.'. 23
Clause 145 Amendment of s 74Q (Obligation to lodge proposed later 24
development plan) 25
(1) Section 74Q(3)(b)(i), `80'-- 26
omit, insert-- 27
`100'. 28
s 146 77 s 148
Mining and Other Legislation Amendment Bill 2007
(2) Section 74Q(5)(a), `20'-- 1
omit, insert-- 2
`40'. 3
(3) Section 74Q(6), definition relevant fee, paragraph (b)(ii) and 4
(iii)-- 5
omit, insert-- 6
`(ii) if it is not lodged under subsection (4)--an amount 7
that is 10 times the prescribed fee.'. 8
Clause 146 Insertion of new s 75AA 9
Part 6A, division 4-- 10
insert-- 11
`75AA Notice of change of holder's name 12
`(1) This section applies if there is a change to the name of a 13
holder of a 1923 Act petroleum tenure and the holder 14
continues to be same person after the change. 15
Note-- 16
A change of holder itself must be a permitted dealing and must be 17
approved under part 6N before it can have any effect. See sections 80E 18
and 80G. 19
`(2) The holder must give the chief executive notice of the change 20
as soon as practicable. 21
`(3) The notice must be in the approved form.'. 22
Clause 147 Amendment of s 75IM (Lodging report) 23
Section 75IM(3), definition relevant time, paragraph (a), 24
`20'-- 25
omit, insert-- 26
`40'. 27
Clause 148 Amendment of s 75IW (Obligation to lodge monitoring 28
reports) 29
(1) Section 75IW(1), from `when' to `tenure,'-- 30
s 149 78 s 150
Mining and Other Legislation Amendment Bill 2007
omit, insert-- 1
`, on or before the required day in each year,'. 2
(2) Section 75IW(2)(c), before subparagraph (i)-- 3
omit, insert-- 4
`(c) be lodged at--'. 5
(3) Section 75IW-- 6
insert-- 7
`(3) In this section-- 8
required day, in each year, means-- 9
(a) generally--the day in the year that is the anniversary of 10
the day on which the underground water impact report 11
was accepted by the chief executive; or 12
(b) if the chief executive by notice to the holder fixes 13
another day--the fixed day.'. 14
Clause 149 Amendment of s 75IX (Obligation to lodge review reports) 15
(1) Section 75IX(2)(c)-- 16
omit, insert-- 17
`(c) be lodged at-- 18
(i) the office of the department for lodging review 19
reports, as stated in a gazette notice by the chief 20
executive; or 21
(ii) if no office is gazetted under subparagraph (i)--the 22
office of the chief executive.'. 23
(2) Section 75IX(4)-- 24
omit. 25
Clause 150 Amendment of s 75U (Obligation to decommission) 26
Section 75U(1), after `transferred to the tenure holder'-- 27
insert-- 28
s 151 79 s 154
Mining and Other Legislation Amendment Bill 2007
`, unless the well or bore has, under division 3, been 1
transferred to someone else'. 2
Clause 151 Amendment of s 75Y (Notice about discovery and 3
commercial viability) 4
Section 75Y(6), definition relevant period-- 5
omit, insert-- 6
`relevant period means the period of 40 business days after 7
the end of the period approved by the Minister for the carrying 8
out of production testing under the 1923 Act petroleum 9
tenure.'. 10
Clause 152 Omission of s 76F (Obligation to lodge annual reports) 11
Section 76F-- 12
omit. 13
Clause 153 Amendment of s 78J (Security not affected by change in 14
holder) 15
(1) Section 78J(3)-- 16
omit. 17
(2) Section 78J(4)-- 18
renumber as section 78J(3). 19
Clause 154 Amendment of s 80C (Access to register) 20
(1) Section 80C(b)-- 21
omit, insert-- 22
`(b) allow a person, on payment of the fee prescribed under a 23
regulation, to search and take extracts from the register; 24
and'. 25
(2) Section 80C-- 26
insert-- 27
`(2) This section is subject to section 80CA.'. 28
s 155 80 s 155
Mining and Other Legislation Amendment Bill 2007
Clause 155 Insertion of new ss 80CA and 80CB 1
After section 80C-- 2
insert-- 3
`80CA Arrangements with other departments for copies 4
from petroleum register 5
`(1) Despite section 80C, the chief executive may enter into an 6
arrangement with another department allowing it to carry out 7
a search of, take extracts from or obtain a copy of, particulars 8
recorded in the petroleum register, without payment of the 9
fees prescribed under section 80C. 10
`(2) However, the chief executive may enter into an arrangement 11
under subsection (1) only if the chief executive is reasonably 12
satisfied the information obtained from the copy will not be-- 13
(a) used for a commercial purpose, including, for example, 14
the marketing or sale of the information or other 15
information; or 16
(b) included in another database of information, in any 17
form, other than with chief executive's approval. 18
`80CB Supply of statistical data from petroleum register 19
`(1) The chief executive may enter into an agreement to supply 20
statistical data derived from instruments or information kept 21
in the petroleum register. 22
`(2) If the chief executive supplies statistical data under subsection 23
(1)-- 24
(a) the fees and charges applying for the supply of the data 25
are the fees and charges provided for in the agreement; 26
and 27
(b) without limiting paragraph (a), the agreement may also 28
state-- 29
(i) how the fees and charges are to be calculated; and 30
(ii) how payment of the fees and charges is to be made. 31
`(3) Without limiting subsection (1), an agreement for the supply 32
of statistical data may limit the use to which the data supplied 33
may be put. 34
s 156 81 s 156
Mining and Other Legislation Amendment Bill 2007
`(4) An agreement for the supply of statistical data must include-- 1
(a) a provision allowing the chief executive to exclude 2
particulars from data supplied under the agreement, if 3
the chief executive is satisfied, on reasonable grounds, 4
that inclusion of the particulars may result in the 5
particulars being inappropriately disclosed or used; and 6
(b) a provision allowing the chief executive to prohibit 7
disclosure, or to limit distribution or use, of data 8
supplied under the agreement. 9
`(5) An agreement under this section must not provide for the 10
obtaining of information or anything else that may be 11
obtained under section 80C. 12
`(6) The chief executive must exclude petroleum authority 13
particulars and personal information from data supplied under 14
the agreement. 15
`(7) Subsection (6) applies despite anything in the agreement. 16
`(8) In this section-- 17
petroleum authority particulars means particulars from any 18
instrument or information kept by the chief executive that may 19
allow a person to identify a 1923 Act petroleum tenure to 20
which the instrument or information relates. 21
personal information means a particular from any instrument 22
or information kept by the chief executive that may allow a 23
person to identify a person to whom the instrument or 24
information relates.'. 25
Clause 156 Amendment of s 80E (What is a permitted dealing) 26
(1) Section 80E(1), `, as provided for under a coordination 27
arrangement'-- 28
omit. 29
(2) Section 80E(2), `part'-- 30
omit, insert-- 31
`a divided part'. 32
(3) Section 80E(2)-- 33
s 157 82 s 159
Mining and Other Legislation Amendment Bill 2007
insert-- 1
`Examples of a divided part of the area of a 1923 Act petroleum tenure-- 2
· a specific part of the surface of the area 3
· a specific strata beneath the surface of the area'. 4
(4) Section 80E(3), definition transfer, paragraph (c)-- 5
omit. 6
Clause 157 Omission of s 80F (Dealings other than permitted 7
dealings of no effect) 8
Section 80F-- 9
omit. 10
Clause 158 Amendment of s 80I (Applying for approval) 11
Section 80I(2)(c)(ii)(A), after `interest'-- 12
insert-- 13
`and each other person who holds a share of the tenure'. 14
Clause 159 Replacement of s 142 (All statements to be verified) 15
Section 142-- 16
omit, insert-- 17
`142 Ministerial directions about the giving of information 18
`(1) The Minister may, in the way the Minister considers 19
appropriate, publish directions about the giving of 20
information, including the giving of additional information, to 21
the Minister or the chief executive for the purposes of this 22
Act. 23
`(2) A direction published under subsection (1) must state a 24
period, that is not less than 20 business days, within which the 25
information must be given. 26
`(3) Without limiting subsection (1), the directions may provide 27
for how the information must be given if this Act does not 28
already so provide. 29
s 159 83 s 159
Mining and Other Legislation Amendment Bill 2007
Examples of how information may be required to be given-- 1
· by an approved form or a notice 2
· by progressive reporting under a later work program or later 3
development plan 4
· by a volumetric plan of survey 5
· by a geological survey 6
· by a statement, supporting an application for a petroleum tenure, 7
about the financial resources or technical advice available to the 8
applicant or the applicant's previous compliance with a condition or 9
provision of a petroleum tenure 10
`(4) If-- 11
(a) a person is required or permitted to give the Minister or 12
the chief executive (the official) information for a 13
particular purpose relating to this Act; and 14
(b) this Act does not provide for how the information may 15
or must be given to the official for the purpose; and 16
(c) the person gives the official the information in the way 17
required or permitted under the directions; 18
the person is taken to have given the official the information 19
for the purpose. 20
`(5) Unless a direction states a particular office of the department 21
where the information must be given, the information must be 22
given at the office of the chief executive. 23
`(6) The chief executive must-- 24
(a) keep-- 25
(i) a copy of each direction; and 26
(ii) a record (by whatever name called) of each 27
direction, including the dates when each direction 28
was published and superseded; and 29
(b) make each direction and the record available to the 30
public in the way the chief executive considers 31
appropriate. 32
`(7) Without limiting subsection (6), the chief executive must 33
ensure an up-to-date copy of each direction and the record is 34
available to be read free of charge at each office of the 35
department and on the department's website.'. 36
s 160 84 s 164
Mining and Other Legislation Amendment Bill 2007
Part 9 Amendment of Petroleum and 1
Gas (Production and Safety) 2
Act 2004 3
Clause 160 Act amended in pt 9 and schedule 4
This part and the schedule amend the Petroleum and Gas 5
(Production and Safety) Act 2004. 6
Clause 161 Amendment of s 15 (When petroleum is produced) 7
(1) Section 15(2), `, section 318CM,'-- 8
omit. 9
(2) Section 15(2), `incidental'-- 10
omit. 11
Clause 162 Omission of ch 1, pt 3, div 3 (Other matters relating to 12
interpretation) 13
Chapter 1, part 3, division 3-- 14
omit. 15
Clause 163 Amendment of s 32 (Exploration and testing) 16
Section 32(1)(d), `petroleum storage'-- 17
omit, insert-- 18
`the storage of petroleum or a prescribed storage gas'. 19
Clause 164 Amendment of s 59 (Restrictions on amending work 20
program) 21
Section 59(2)(a)-- 22
omit, insert-- 23
`(a) if the work program is the initial work program for the 24
authority--the Minister must be satisfied the work 25
program needs to be amended for a reason beyond the 26
holder's control;'. 27
s 165 85 s 167
Mining and Other Legislation Amendment Bill 2007
Clause 165 Amendment of s 60 (Applying for approval to amend) 1
Section 60-- 2
insert-- 3
`(3) Subsection (2) does not apply if the Minister is satisfied the 4
work program needs to be amended for a reason beyond the 5
holder's control.'. 6
Clause 166 Amendment of s 79 (Obligation to lodge proposed later 7
work program) 8
(1) Section 79(3) and (5)(a), `20'-- 9
omit, insert-- 10
`40'. 11
(2) Section 79(3), `60'-- 12
omit, insert-- 13
`100'. 14
(3) Section 79(6), definition relevant fee, paragraph (b)(ii) and 15
(iii)-- 16
omit, insert-- 17
`(ii) if it is not lodged under subsection (4)--an amount 18
that is 10 times the prescribed fee.'. 19
Clause 167 Amendment of s 159 (Obligation to lodge proposed later 20
development plan) 21
(1) Section 159(3)(a), `80'-- 22
omit, insert-- 23
`100'. 24
(2) Section 159(5)(a), `20'-- 25
omit, insert-- 26
`40'. 27
(3) Section 159(6), definition relevant fee, paragraph (b)(ii) and 28
(iii)-- 29
omit, insert-- 30
s 168 86 s 170
Mining and Other Legislation Amendment Bill 2007
`(ii) if it is not lodged under subsection (4)--an amount 1
that is 10 times the prescribed fee.'. 2
Clause 168 Amendment of s 234 (Arrangement to coordinate 3
petroleum activities) 4
(1) Section 234(3A)(c)(i) and (ii)-- 5
renumber as section 234(3A)(c)(ii) and (iii). 6
(2) Section 234(3A)(c)-- 7
insert-- 8
`(i) the 1923 Act, section 44(d); or'. 9
Clause 169 Amendment of s 256 (Lodging report) 10
Section 256(3), definition relevant time, paragraph (a), `20'-- 11
omit, insert-- 12
`40'. 13
Clause 170 Amendment of s 266 (Obligation to lodge monitoring 14
reports) 15
(1) Section 266(1), from `when' to `tenure,'-- 16
omit, insert-- 17
`, on or before the required day in each year,'. 18
(2) Section 266(2)(c), before subparagraph (i)-- 19
omit, insert-- 20
`(c) be lodged at--'. 21
(3) Section 266-- 22
insert-- 23
`(3) In this section-- 24
required day, in a year, means-- 25
(a) generally--the day in the year that is the anniversary of 26
the day on which the underground water impact report 27
was accepted by the chief executive; or 28
s 171 87 s 174
Mining and Other Legislation Amendment Bill 2007
(b) if the chief executive by notice to the holder fixes 1
another day--the fixed day.'. 2
Clause 171 Amendment of s 267 (Obligation to lodge review reports) 3
(1) Section 267(2)(c)-- 4
omit, insert-- 5
`(c) be lodged at-- 6
(i) the office of the department for lodging review 7
reports, as stated in a gazette notice by the chief 8
executive; or 9
(ii) if no office is gazetted under subparagraph (i)--the 10
office of the chief executive.'. 11
(2) Section 267(4)-- 12
omit. 13
Clause 172 Amendment of s 292 (Obligation to decommission) 14
Section 292(1), after `transferred to the tenure holder'-- 15
insert-- 16
`, unless the petroleum well or bore has, under division 3, 17
been transferred to someone else'. 18
Clause 173 Amendment of ch 3, pt 2, div 1, sdiv 3, hdg (Provisions for 19
splitting application in particular circumstances) 20
Chapter 3, part 2, division 1, subdivision 3, heading, `splitting 21
application'-- 22
omit, insert-- 23
`separate applications'. 24
Clause 174 Amendment of s 307 (Requirement to split application if it 25
relates to coal or oil shale mining tenements not held by 26
the same person) 27
(1) Section 307, heading-- 28
omit, insert-- 29
s 175 88 s 176
Mining and Other Legislation Amendment Bill 2007
`307 Requirement for separate applications relating to 1
exploration tenement and mining lease not held by same 2
person'. 3
(2) Section 307(1), `the ATP-related application is'-- 4
omit, insert-- 5
`a person to whom this division applies wishes to make an 6
application to which this division applies'. 7
(3) Section 307(2)-- 8
omit, insert-- 9
`(2) The person must make separate ATP-related applications for 10
the exploration tenement part and the mining lease part.'. 11
(4) Section 307(5)-- 12
omit. 13
Clause 175 Replacement of s 308 (Power to split application if it 14
includes other land) 15
Section 308-- 16
omit, insert-- 17
`308 Requirement for separate application for other land 18
`(1) This section applies if-- 19
(a) a person to whom this division applies wishes to make 20
an application to which this division applies; and 21
(b) the proposed application includes land (the other part) 22
not in the area of a coal or oil shale mining tenement. 23
`(2) The person must lodge a separate ATP-related application for 24
the other part. 25
`(3) The separate application must be decided under chapter 2.'. 26
Clause 176 Omission of s 309 (Power to split application at 27
applicant's request) 28
Section 309-- 29
omit. 30
s 177 89 s 178
Mining and Other Legislation Amendment Bill 2007
Clause 177 Amendment of s 335 (Requirement to split application if it 1
relates to coal or oil shale mining tenements not held by 2
the same person) 3
(1) Section 335, heading-- 4
omit, insert-- 5
`335 Requirement for separate applications relating to 6
exploration tenement and mining lease not held by same 7
person'. 8
(2) Section 335(1), `the ATP-related application is'-- 9
omit. 10
(3) Section 335(1)(a), before `for land' 11
insert-- 12
`a person to whom this division applies wishes to make an 13
application to which this division applies'. 14
(4) Section 335(2)-- 15
omit, insert-- 16
`(2) The person must make separate ATP-related applications for 17
the exploration tenement part and the mining lease part.'. 18
(5) Section 335(5) and (6)-- 19
omit. 20
Clause 178 Amendment of s 336 (Power to split application if it 21
includes other land) 22
(1) Section 336, heading-- 23
omit, insert-- 24
`336 Requirement for separate application for other land'. 25
(2) Section 336(1), `the petroleum lease application'-- 26
omit, insert-- 27
`a person to whom this division applies wishes to make an 28
application to which this division applies and the proposed 29
application'. 30
(3) Section 336(2)-- 31
omit, insert-- 32
s 179 90 s 182
Mining and Other Legislation Amendment Bill 2007
`(2) The person must make a separate ATP-related application for 1
the other part.'. 2
(4) Section 336(4)-- 3
omit. 4
Clause 179 Omission of s 337 (Power to split application at 5
applicant's request) 6
Section 337-- 7
omit. 8
Clause 180 Replacement of s 346 (Power to split application if it 9
includes other land) 10
Section 346-- 11
omit, insert-- 12
`346 Requirement for separate application for other land 13
`(1) This section applies if a person to whom this division applies 14
wishes to make an application to which this division applies 15
and the proposed application includes land (the other part) 16
not in the area of a coal or oil shale mining lease. 17
`(2) The person must make a separate petroleum lease application 18
for the other part. 19
`(3) The separate application must be decided under chapter 2.'. 20
Clause 181 Omission of s 347 (Power to split application at 21
applicant's request) 22
Section 347-- 23
omit. 24
Clause 182 Replacement of s 354 (Power to split application if it 25
includes other land) 26
Section 354-- 27
omit, insert-- 28
s 183 91 s 185
Mining and Other Legislation Amendment Bill 2007
`354 Requirement for separate application for other land 1
`(1) This section applies if a person to whom this division applies 2
wishes to make an application to which this division applies 3
and the proposed application includes land (the other part) 4
not in the area of a coal or oil shale mining lease. 5
`(2) The person must make a separate petroleum lease application 6
for the other part. 7
`(3) The separate application must be decided under chapter 2.'. 8
Clause 183 Omission of s 355 (Power to split application at 9
applicant's request) 10
Section 355-- 11
omit. 12
Clause 184 Amendment of s 386 (Requirements for consultation with 13
particular coal or oil shale mining tenement holders) 14
(1) Section 386(1)(a), before `to explore'-- 15
omit, insert-- 16
`(a) a person (an operator) proposes to be an operator of 17
operating plant in the area of a petroleum tenure and the 18
operating plant is used, or is proposed to be used,'. 19
(2) Section 386(3), from `the tenement holder'-- 20
omit, insert-- 21
`the petroleum tenure holder may coordinate the consultation 22
between the operators and the tenement holder.'. 23
Clause 185 Amendment of s 389 (Exemption from additional content 24
requirements) 25
(1) Section 389(1)(a)-- 26
omit, insert-- 27
`(a) all or part of a stated petroleum tenure; or'. 28
(2) Section 389-- 29
insert-- 30
s 186 92 s 188
Mining and Other Legislation Amendment Bill 2007
`(2A) Also, any relevant petroleum tenure holder may apply for the 1
exemption on behalf of the operator or proposed operator.'. 2
Clause 186 Amendment, relocation and renumbering of s 408 (Notice 3
of proposed application to relevant local government) 4
(1) Section 408, heading, `proposed'-- 5
omit. 6
(2) Section 408(2), `before'-- 7
omit, insert-- 8
`within 10 business days after'. 9
(3) Section 408(3)-- 10
renumber as section 408(5). 11
(4) Section 408-- 12
insert-- 13
`(3) If subsection (2) is not complied with, the application lapses. 14
`(4) To remove any doubt, it is declared that the lapsing of the 15
application under subsection (3) does not of itself prevent the 16
former applicant making another pipeline licence 17
application.'. 18
(5) Section 408-- 19
relocate and renumber, in chapter 4, part 2, division 3, 20
subdivision 1, as section 409A. 21
Clause 187 Amendment of s 409 (Requirements for making 22
application) 23
(1) Section 409(f)-- 24
omit. 25
(2) Section 409(g) and (h)-- 26
renumber as section 409(f) and (g). 27
Clause 188 Replacement of s 411 (Public notice requirement) 28
Section 411-- 29
s 189 93 s 189
Mining and Other Legislation Amendment Bill 2007
omit, insert-- 1
`411 Public notice requirement 2
`(1) The Minister must not grant the applicant a pipeline licence 3
unless-- 4
(a) the notice complying with subsection (2)(a) has been 5
published as required under subsection (2)(b); and 6
(b) the applicant has given the chief executive evidence of 7
the publication; and 8
(c) the Minister has considered any submissions in response 9
to the notice lodged within the period stated in the 10
notice. 11
`(2) For subsection (1)(a), the notice must-- 12
(a) state each of the following-- 13
(i) that a pipeline licence application has been made; 14
(ii) the applicant's name; 15
(iii) the area proposed for the licence; 16
(iv) where further details about the application can be 17
obtained; 18
(v) a period of at least 30 business days during which 19
anyone may lodge submissions about the 20
application; 21
(vi) where submissions must be lodged; and 22
(b) be published in a newspaper circulating throughout the 23
State or, if the proposed licence is an area pipeline 24
licence, generally in the area. 25
`(3) The applicant must bear the costs of the publication.'. 26
Clause 189 Amendment of s 419 (Obligation to construct pipeline) 27
Section 419(1), `section 401,' and footnote-- 28
omit, insert-- 29
`sections 401 and 419A,'. 30
s 190 94 s 192
Mining and Other Legislation Amendment Bill 2007
Clause 190 Insertion of new s 419A 1
After section 419-- 2
insert-- 3
`419A Notice to chief inspector before construction starts 4
`(1) A pipeline licence holder must give the chief inspector notice 5
of the holder's intention to start construction of the pipeline 6
the subject of the licence at least 20 business days before the 7
construction starts. 8
Maximum penalty--100 penalty units. 9
`(2) However, if the licence is an area pipeline licence, subsection 10
(1) only applies for each initial pipeline mentioned in the 11
licence.'. 12
Clause 191 Amendment of s 420 (Notice of completion of pipeline) 13
(1) Section 420(3)(c)-- 14
renumber as section 420(3)(d). 15
(2) Section 420(3)-- 16
insert-- 17
`(c) include a diagram of the pipeline, as constructed or 18
completed, that gives enough information to allow the 19
pipeline to be located, including, for example, its depth 20
of burial; and'. 21
(3) Section 420(4), definition relevant period, paragraph (b), 22
`20'-- 23
omit, insert-- 24
`40'. 25
Clause 192 Amendment, relocation and renumbering of s 444 (Notice 26
of proposed application to relevant local government) 27
(1) Section 444, heading, `proposed'-- 28
omit. 29
(2) Section 444(1), `before'-- 30
s 193 95 s 195
Mining and Other Legislation Amendment Bill 2007
omit, insert-- 1
`within 10 business days after' 2
(3) Section 444(2)-- 3
renumber as section 444(4). 4
(4) Section 444-- 5
insert-- 6
`(2) If subsection (1) is not complied with, the application lapses. 7
`(3) To remove any doubt, it is declared that the lapsing of the 8
application under subsection (2) does not of itself prevent the 9
former applicant making another petroleum facility licence 10
application.'. 11
(5) Section 444-- 12
relocate and renumber, in chapter 4, part 3, division 2, 13
subdivision 1, as section 445A. 14
Clause 193 Amendment of s 445 (Requirements for making 15
application) 16
(1) Section 445(f)-- 17
omit. 18
(2) Section 445(g) and (h)-- 19
renumber as section 445(f) and (g). 20
Clause 194 Amendment of s 458 (Process for taking land) 21
(1) Section 458(2)-- 22
omit. 23
(2) Section 458(3) and (4)-- 24
renumber as section 458(2) and (3). 25
Clause 195 Amendment of s 493 (Security not affected by change in 26
authority holder) 27
(1) Section 493(3)-- 28
s 196 96 s 198
Mining and Other Legislation Amendment Bill 2007
omit. 1
(2) Section 493(4)-- 2
renumber as section 493(3). 3
Clause 196 Amendment of s 539 (General provision about ownership 4
while tenure or licence is in force for pipeline) 5
Section 539(3)(c)-- 6
omit. 7
Clause 197 Amendment of s 544 (Notice by petroleum tenure holder 8
about discovery and commercial viability) 9
Section 544(6), definition relevant period-- 10
omit, insert-- 11
`relevant period means-- 12
(a) if the petroleum tenure is an authority to prospect-- 13
(i) the period of 40 business days after the end of the 14
period under section 73(2) for the carrying out of 15
production testing; or 16
(ii) if the Minister has, within 40 business days, agreed 17
to a longer period--the longer period; or 18
(b) if the petroleum tenure is a petroleum lease-- 19
(i) the period of 40 business days after the end of the 20
period under section 152(2) for the carrying out of 21
production testing; or 22
(ii) if the Minister has, within 40 business days, agreed 23
to a longer period--the longer period.'. 24
Clause 198 Insertion of new s 546A 25
Chapter 5, part 7, division 1, subdivision 1-- 26
insert-- 27
s 199 97 s 200
Mining and Other Legislation Amendment Bill 2007
`546A End of authority report for data acquisition authority 1
or survey licence 2
`(1) This section applies if a data acquisition authority or survey 3
licence ends. 4
`(2) The person who held the authority or licence immediately 5
before it ended must, within 6 months, lodge a report about 6
the matters relating to the former authority or licence as 7
prescribed under a regulation. 8
Maximum penalty--150 penalty units. 9
`(3) The report must be lodged at-- 10
(a) the office of the department for lodging the report, as 11
stated in a gazette notice by the chief executive; or 12
(b) if no office is gazetted under paragraph (a)--the office 13
of the chief executive.'. 14
Clause 199 Replacement of ch 5, pt 7, div 2, hdg (Reporting 15
provisions for all petroleum authorities) 16
Chapter 5, part 7, division 2, heading-- 17
omit, insert-- 18
`Division 2 Other reporting provisions'. 19
Clause 200 Replacement of s 552 (Obligation to lodge annual 20
reports) 21
Section 552-- 22
omit, insert-- 23
`552 Obligation to lodge annual reports for pipeline or 24
petroleum facility licence 25
`(1) This section applies for a pipeline licence or petroleum 26
facility licence. 27
`(2) The holder of the licence must, within 2 months after each of 28
its anniversary days, lodge a report for the 12 months that 29
ended on the last anniversary day that includes the 30
information about the licence as prescribed under a regulation. 31
Maximum penalty--150 penalty units. 32
s 201 98 s 202
Mining and Other Legislation Amendment Bill 2007
`(3) If the licence ends, the person who was its holder immediately 1
before it ended must, within 2 months, lodge a report that 2
includes the information prescribed under subsection (2) for 3
the period from its last anniversary day to when it ended. 4
Maximum penalty--150 penalty units. 5
`(4) A report under this section must be lodged at-- 6
(a) the office of the department for lodging the report, as 7
stated in a gazette notice by the chief executive; or 8
(b) if no office is gazetted under paragraph (a)--the office 9
of the chief executive. 10
`(5) In this section-- 11
anniversary day, for a licence, means each day that is the 12
anniversary of the day the licence took effect.'. 13
Clause 201 Insertion of new s 558A 14
Chapter 5, part 8, division 1-- 15
insert-- 16
`558A Notice of change of holder's name 17
`(1) This section applies if there is a change to a petroleum 18
authority holder's name and the holder continues to be same 19
person after the change. 20
Note-- 21
A change of holder itself must be a permitted dealing and must be 22
approved under part 10 before it can have any effect. See sections 568 23
and 570. 24
`(2) The holder must give the chief executive notice of the change 25
as soon as practicable. 26
`(3) The notice must be in the approved form.'. 27
Clause 202 Amendment of s 566 (Access to register) 28
(1) Section 566(b)-- 29
omit, insert-- 30
s 203 99 s 203
Mining and Other Legislation Amendment Bill 2007
`(b) allow a person, on payment of the fee prescribed under a 1
regulation, to search and take extracts from the register; 2
and'. 3
(2) Section 566-- 4
insert-- 5
`(2) This section is subject to section 566A.'. 6
Clause 203 Insertion of new ss 566A and 566B 7
After section 566-- 8
insert-- 9
`566A Arrangements with other departments for copies 10
from petroleum register 11
`(1) Despite section 566, the chief executive may enter into an 12
arrangement with another department allowing it to carry out 13
a search of, take extracts from or obtain a copy of, particulars 14
recorded in the petroleum register, without payment of the 15
fees prescribed under section 566. 16
`(2) However, the chief executive may enter into an arrangement 17
under subsection (1) only if the chief executive is reasonably 18
satisfied the information obtained from the copy will not be-- 19
(a) used for a commercial purpose, including, for example, 20
the marketing or sale of the information or other 21
information; or 22
(b) included in another database of information, in any 23
form, other than with chief executive's approval. 24
`566B Supply of statistical data from petroleum register 25
`(1) The chief executive may enter into an agreement to supply 26
statistical data derived from instruments or information kept 27
in the petroleum register. 28
`(2) If the chief executive supplies statistical data under subsection 29
(1)-- 30
(a) the fees and charges applying for the supply of the data 31
are the fees and charges provided for in the agreement; 32
and 33
s 204 100 s 204
Mining and Other Legislation Amendment Bill 2007
(b) without limiting paragraph (a), the agreement may also 1
state-- 2
(i) how the fees and charges are to be calculated; and 3
(ii) how payment of the fees and charges is to be made. 4
`(3) Without limiting subsection (1), an agreement for the supply 5
of statistical data may limit the use to which the data supplied 6
may be put. 7
`(4) An agreement for the supply of statistical data must include-- 8
(a) a provision allowing the chief executive to exclude 9
particulars from data supplied under the agreement, if 10
the chief executive is satisfied, on reasonable grounds, 11
that inclusion of the particulars may result in the 12
particulars being inappropriately disclosed or used; and 13
(b) a provision allowing the chief executive to prohibit 14
disclosure, or to limit distribution or use, of data 15
supplied under the agreement. 16
`(5) An agreement under this section must not provide for the 17
obtaining of information or anything else that may be 18
obtained under section 566. 19
`(6) The chief executive must exclude petroleum authority 20
particulars and personal information from data supplied under 21
the agreement. 22
`(7) Subsection (6) applies despite anything in the agreement. 23
`(8) In this section-- 24
personal information means a particular from any instrument 25
or information kept by the chief executive that may allow a 26
person to identify a person to whom the instrument or 27
information relates. 28
petroleum authority particulars means particulars from any 29
instrument or information kept by the chief executive that may 30
allow a person to identify a petroleum authority to which the 31
instrument or information relates.'. 32
Clause 204 Amendment of s 568 (What is a permitted dealing) 33
(1) Section 568(1)(b)-- 34
s 205 101 s 206
Mining and Other Legislation Amendment Bill 2007
omit. 1
(2) Section 568(1)(e), `, as provided for under a coordination 2
arrangement'-- 3
omit. 4
(3) Section 568(1)(c) to (f)-- 5
renumber as section 568(1)(b) to (e). 6
(4) Section 568(1)(c), as renumbered, `paragraph (c)'-- 7
omit, insert-- 8
`paragraph (b)'. 9
(5) Section 568(1)(e), as renumbered, `paragraph (e)'-- 10
omit, insert-- 11
`paragraph (d)'. 12
(6) Section 568(3), definition transfer, paragraph (c)-- 13
omit. 14
Clause 205 Amendment of s 569 (Prohibited dealings) 15
(1) Section 569(1)(c), `part'-- 16
omit, insert-- 17
`a divided part'. 18
(2) Section 569(1)(c)-- 19
insert-- 20
`Examples of a divided part of the area of a petroleum tenure-- 21
· a specific part of the surface of the area 22
· a specific strata beneath the surface of the area'. 23
Clause 206 Amendment of s 570 (Conditions for permitted dealings) 24
(1) Section 570, heading, `Conditions'-- 25
omit, insert-- 26
`Condition'. 27
s 207 102 s 210
Mining and Other Legislation Amendment Bill 2007
(2) Section 570(1)-- 1
omit. 2
Clause 207 Amendment of s 572 (Applying for approval) 3
(1) Section 572(1), `, pipeline'-- 4
omit. 5
(2) Section 572(2)(c)(ii)(A), after `interest'-- 6
insert-- 7
`and each other person who holds a share of the authority'. 8
Clause 208 Amendment of s 628 (Odour requirement) 9
Section 628(1)(b), from `analysis' to `shows'-- 10
omit, insert-- 11
`analysis has been carried out by an appropriately qualified 12
person showing'. 13
Clause 209 Amendment of s 651 (Content requirements for annual 14
measurement reports) 15
Section 651(e), after `scheme'-- 16
insert-- 17
`or this Act'. 18
Clause 210 Amendment of s 670 (What is an operating plant) 19
(1) Section 670(2)-- 20
omit, insert-- 21
`(2) An operating plant is any of the following-- 22
(a) a facility used to explore for, produce or process 23
petroleum, including machinery used for maintaining or 24
repairing a petroleum well; 25
s 210 103 s 210
Mining and Other Legislation Amendment Bill 2007
Example of machinery used for maintaining or repairing a 1
petroleum well-- 2
machinery known in the petroleum and gas industry as a work 3
over rig 4
(b) a petroleum facility; 5
(c) a pipeline authorised under, or proposed to be authorised 6
under, a petroleum authority; 7
(d) a distribution system; 8
(e) a bulk fuel gas storage facility.'. 9
(2) Section 670(3), `an LPG storage facility'-- 10
omit, insert-- 11
`a facility'. 12
(3) Section 670(5)(a)-- 13
omit, insert-- 14
`(a) an LPG delivery network prescribed under a 15
regulation;'. 16
(4) Section 670(5)(b), `LPG'-- 17
omit, insert-- 18
`fuel gas'. 19
(5) Section 670(5)(d), `geophysical or other'-- 20
omit, insert-- 21
`seismic'. 22
(6) Section 670(6)-- 23
omit, insert-- 24
`(6) Also, an operating plant includes-- 25
(a) any part of the area of a petroleum tenure or 1923 Act 26
petroleum tenure on which an operating plant under 27
subsections (2) to (5) happens or is located as an 28
authorised activity for the tenure; and 29
(b) any part of the area of a mineral hydrocarbon mining 30
lease-- 31
s 211 104 s 213
Mining and Other Legislation Amendment Bill 2007
(i) on which an operating plant under subsections (2) 1
to (5) happens or is located as an entitlement for 2
the lease; and 3
(ii) to which section 671 does not apply.'. 4
Clause 211 Amendment of 671 (Limitation for facility or pipeline 5
included in coal mining operation) 6
Section 671(2)(b)(i), from `as defined' to `division 6'-- 7
omit. 8
Clause 212 Amendment of s 673 (Who is the operator of an operating 9
plant) 10
Section 673(3) to (5)-- 11
omit, insert-- 12
`(3) Otherwise, the operator is the person who has the role of 13
being responsible for the management and safe operation of 14
the plant. 15
`(4) For subsection (3), the operator does not include a person who 16
in relation to the plant is subject to the control of another 17
person who has the role of being responsible for the 18
management and safe operation of the plant. 19
Examples for subsections (3) and (4)-- 20
1 The operator of a drilling rig is the operations manager or another 21
senior officer of the drilling company that is operating the drilling 22
rig and not the person employed as the driller or rig manager. 23
2 The operator of a tanker delivery bulk LPG business is the manager 24
of the delivery operation and not the person employed as the tanker 25
driver.'. 26
Clause 213 Insertion of new s 673A 27
Chapter 9, part 2, division 2, before section 674-- 28
insert-- 29
s 214 105 s 215
Mining and Other Legislation Amendment Bill 2007
`673A Operator must ensure chief inspector is given notice 1
before a plant is commissioned or operated 2
`(1) This section applies to a plant that is to be commissioned or 3
operated for the first time in Queensland. 4
`(2) The operator of the plant must ensure the chief inspector is 5
given written notice of the commissioning or operation of the 6
plant within 20 business days before the commissioning or 7
operation. 8
Maximum penalty--100 penalty units.'. 9
Clause 214 Amendment of s 674 (Requirement to have safety 10
management plan) 11
(1) Section 674(1)(a)-- 12
omit, insert-- 13
`(a) for each stage of the plant, make a safety management 14
plan that complies with-- 15
(i) section 675; and 16
(ii) if the plant is used to explore for, extract, produce 17
or release petroleum within coal seams--section 18
388, subject to any exemption given under section 19
389; and'. 20
(2) Section 674(2)-- 21
insert-- 22
`(c) if the plant is used to explore for, extract, produce or 23
release petroleum within coal seams--the plan complies 24
with section 388, subject to any exemption given under 25
section 389.'. 26
Clause 215 Amendment of s 675 (Content requirements for safety 27
management plans) 28
(1) Section 675(1)-- 29
insert-- 30
`(ca) for an operating plant, other than a coal miningCSG 31
operating plant--the operator of the plant;'. 32
s 216 106 s 216
Mining and Other Legislation Amendment Bill 2007
(2) Section 675(1)(i), after `operating'-- 1
insert-- 2
`and maintenance'. 3
(3) Section 675(1)-- 4
insert-- 5
`(ma)a process for managing change including a process for 6
managing any changes to plant, operating procedures, 7
organisational structure, personnel and the safety 8
management plan;'. 9
(4) Section 675(4), definition NOHSC standard, from 10
`[NOHSC:1014 (1996)]' ' -- 11
omit, insert-- 12
`[NOHSC:1014 (2002)]' continued in effect under the 13
National Occupation Health and Safety Commission (Repeal, 14
Consequential and Transitional Provisions) Act 2005 (Cwlth), 15
section 7(2).5'. 16
Clause 216 Insertion of new s 675A 17
After section 675-- 18
insert-- 19
`675A Generic safety management plans 20
`(1) For each stage of an operating plant, the operator of the plant 21
is taken to have made a safety management plan that complies 22
with section 675 if the operator adopts a generic SMP for that 23
stage. 24
`(2) However, subsection (1) does not apply for a stage of a plant 25
if-- 26
(a) the chief inspector considers that, because of the 27
complexity of the plant or the particular risks associated 28
with the plant, the generic SMP does not sufficiently 29
manage the level of risk at the plant for the stage; and 30
5 A copy of the standard may be inspected, free of charge, during office hours on
business days at the department's office at 41 George Street, Brisbane.
s 217 107 s 217
Mining and Other Legislation Amendment Bill 2007
(b) the chief inspector gives the operator a written notice 1
stating that the safety management plan for the plant 2
must comply with section 675 for the stage. 3
`(3) In this section-- 4
generic SMP, for a stage of an operating plant (the relevant 5
plant), means a plan in the form of a safety management plan 6
that is prescribed under a regulation for the stage of an 7
operating plant of the same type as the relevant plant.'. 8
Clause 217 Amendment of s 679 (Notice by chief inspector) 9
(1) Section 679(1)-- 10
omit, insert-- 11
`(1) This section applies if the chief inspector reasonably believes 12
a safety management plan for an operating plant, or an aspect 13
of the plan-- 14
(a) does not comply with section 675; or 15
(b) is insufficient to ensure an acceptable level of risk at the 16
plant; or 17
(c) must be revised under section 678.'. 18
(2) Section 679(2), after `plant notice'-- 19
insert-- 20
`(a validation notice)'. 21
(3) Section 679(3), before `notice'-- 22
insert-- 23
`validation'. 24
(4) Section 679-- 25
insert-- 26
`(4) The operator must comply with the validation notice. 27
Maximum penalty for subsection (4)--1500 penalty units.'. 28
s 218 108 s 219
Mining and Other Legislation Amendment Bill 2007
Clause 218 Amendment of s 687 (Who is the executive safety 1
manager of an operating plant) 2
(1) Section 687(1), `for the safety management plan'-- 3
omit. 4
(2) Section 687(2A)-- 5
omit. 6
(3) Section 687(3)(b), from `in charge'-- 7
omit, insert-- 8
`responsible for the management and safe operation of the 9
operating plant.'. 10
(4) Section 687(4), definition principal tenure holder-- 11
omit. 12
Clause 219 Replacement of s 688 (Executive safety manager's 13
general obligations) 14
Section 688-- 15
omit, insert-- 16
`688 Executive safety manager's general obligations 17
`The executive safety manager of an operating plant must-- 18
(a) appoint an appropriately qualified person as the operator 19
of the plant; and 20
(b) ensure the operator of the plant has, for each stage of the 21
plant, a plan that is-- 22
(i) a safety management plan for the plant made under 23
section 674(1)(a) after consultation with the 24
employees at the plant; or 25
(ii) a generic SMP adopted for the plant; and 26
(c) approve the plan before it is put into effect; and 27
(d) ensure the plan is implemented in a way that effectively 28
manages the risks associated with the plant.'. 29
Maximum penalty--2000 penalty units.'. 30
s 220 109 s 223
Mining and Other Legislation Amendment Bill 2007
Clause 220 Amendment of s 691 (Obligation to give information to 1
coal or oil shale exploration tenement holder) 2
Section 691(2), `690(1)(f)'-- 3
omit, insert-- 4
`690(1)(g)'. 5
Clause 221 Amendment of s 698 (Owner must ensure operator is 6
competent) 7
Section 698, `operator of'-- 8
omit, insert-- 9
`person operating'. 10
Clause 222 Amendment of s 705 (Application of sdiv 1) 11
Section 705(b), after `coal'-- 12
insert-- 13
`or oil shale'. 14
Clause 223 Amendment of s 706 (Requirement to report prescribed 15
incident) 16
(1) Section 706(1), after `prescribe'-- 17
insert-- 18
`for incidents happening at an operating plant or for incidents 19
relating to a gas related device'. 20
(2) Section 706(3)-- 21
renumber as section 706(5). 22
(3) Section 706(2)-- 23
omit, insert-- 24
`(2) If a prescribed incident happens at an operating plant, the 25
operator of the plant must ensure that the incident is reported 26
to the chief inspector in the prescribed way. 27
Maximum penalty--50 penalty units. 28
s 224 110 s 224
Mining and Other Legislation Amendment Bill 2007
`(3) If a prescribed incident happens at a business other than at an 1
operating plant and the prescribed incident relates to a gas 2
related device, the person carrying on the business must 3
ensure that the incident is reported to the chief inspector in the 4
prescribed way. 5
Maximum penalty--50 penalty units. 6
`(4) For subsections (2) and (3), the incident must be reported-- 7
(a) within the period prescribed under a regulation; or 8
(b) if no period is prescribed--immediately.'. 9
(4) Section 706(5), as renumbered, after `subsection (2)'-- 10
insert-- 11
`or (3)'. 12
(5) Section 706-- 13
insert-- 14
`(6) In this section-- 15
gas related device means a gas device, a gas system, a 16
container of fuel gas or a device used to transfer fuel gas from 17
one container to another.'. 18
Clause 224 Amendment of s 724 (Types of gas device) 19
(1) Section 724(2)(a), after `power'-- 20
insert-- 21
`using fuel gas'. 22
(2) Section 724(2)(b), after `which'-- 23
insert-- 24
`fuel'. 25
(3) Section 724(3)(c)-- 26
omit, insert-- 27
`(c) in a manufacturing process if the device uses fuel gas.'. 28
(4) Section 724(3), example, third dot point-- 29
omit. 30
s 225 111 s 227
Mining and Other Legislation Amendment Bill 2007
Clause 225 Amendment of s 726 (Gas devices (type A)) 1
Section 726-- 2
insert-- 3
`(2) A person must not direct a worker at a place to carry out gas 4
work in relation to a gas device (type A) unless the worker 5
holds a gas work licence that allows the worker to carry out 6
the work. 7
Maximum penalty--500 penalty units. 8
`(3) In this section-- 9
worker, at a place, means a person who is employed or 10
contracted to carry out work at the place, whether or not the 11
work is gas work.'. 12
Clause 226 Amendment of s 727 (Gas devices (type B)) 13
Section 727-- 14
insert-- 15
`(2) A person does not commit an offence under subsection (1) 16
if-- 17
(a) the gas work is carried out at an operating plant under a 18
safety management plan, other than a safety 19
management plan that is a generic SMP for that stage of 20
the plant, and the person carrying out the work has been 21
assessed as competent to carry out the work under the 22
plan; or 23
(b) the gas work is gas work relating to pipes used to supply 24
gas to a gas device (type B), and the person carrying out 25
the work holds a gas work licence that allows the person 26
to carry out that work.'. 27
Clause 227 Amendment of s 733 (Certification of gas device or gas 28
fitting) 29
(1) Section 733(1)-- 30
omit. 31
(2) Section 733(2)-- 32
s 228 112 s 230
Mining and Other Legislation Amendment Bill 2007
renumber as subsection (1). 1
(3) Section 733(3)-- 2
omit, insert-- 3
`(2) An approval under subsection (1) in relation to a gas device or 4
gas fitting, that has been given by a person or body other than 5
the chief inspector, ceases to have force only if the approval is 6
cancelled or suspended by the approved person or body, with 7
the written consent of the chief inspector.'. 8
(4) Section 733(4)-- 9
renumber as section 733(3). 10
Clause 228 Amendment of s 780 (Power to give compliance 11
direction) 12
(1) Section 780(3)(b)-- 13
renumber as section 780(3)(c). 14
(2) Section 780(3)-- 15
insert-- 16
`(b) that the person must notify the inspector or authorised 17
officer when the person has complied with the 18
compliance direction; or'. 19
Clause 229 Amendment of s 783 (Power to give dangerous situation 20
direction) 21
(1) Section 783(3)(b)-- 22
renumber as section 783(3)(c). 23
(2) Section 783(3)-- 24
insert-- 25
`(b) that the person must notify the inspector or authorised 26
officer when the person has complied with the 27
dangerous situation direction; or'. 28
Clause 230 Amendment of s 794 (Immediate suspension) 29
Section 794(3)-- 30
s 231 113 s 233
Mining and Other Legislation Amendment Bill 2007
omit, insert-- 1
`(3) The suspension period ends-- 2
(a) if the chief inspector takes a noncompliance action in 3
relation to the authority under section 798--when the 4
noncompliance action is finally disposed of; or 5
(b) otherwise--within the period stated in the suspension 6
notice that is not more than 40 business days.'. 7
Clause 231 Amendment of s 801 (Petroleum producer's measurement 8
obligations) 9
(1) Section 801-- 10
insert-- 11
`(2A) However, subsection (1)(a) does not apply to an amount of 12
petroleum that is-- 13
(a) unavoidably lost before it can be measured; or 14
(b) lost or used as part of normal operations for 15
instrumentation, purging, blowdown or similar 16
activities.'. 17
(2) Section 801(2)(b)-- 18
omit, insert-- 19
`(b) any of the petroleum that is used in the production of 20
petroleum from the petroleum tenure, 1923 Act 21
petroleum tenure or mining tenement on which the 22
petroleum was produced or processed;'. 23
Clause 232 Amendment of s 815 (Fuel gas suppliers must not use 24
other supplier's containers) 25
Section 815(3)-- 26
omit. 27
Clause 233 Insertion of new s 858A 28
After section 858-- 29
insert-- 30
s 233 114 s 233
Mining and Other Legislation Amendment Bill 2007
`858A Ministerial directions about the giving of information 1
`(1) The Minister may, in the way the Minister considers 2
appropriate, publish directions about the giving of 3
information, including the giving of additional information, to 4
the Minister or the chief executive for the purposes of this 5
Act. 6
`(2) A direction published under subsection (1) must state a 7
period, that is not less than 20 business days, within which the 8
information must be given. 9
`(3) Without limiting subsection (1), the directions may provide 10
for how the information must be given if this Act does not 11
already so provide. 12
Examples of how information may be required to be given-- 13
· by an approved form or a notice 14
· by progressive reporting under a work program or development 15
plan 16
· by a volumetric plan of survey 17
· by a geological survey 18
· by a statement, supporting an application for a petroleum authority, 19
about the financial resources or technical advice available to the 20
applicant or the applicant's previous compliance with a condition or 21
provision of a petroleum authority 22
`(4) If-- 23
(a) a person is required or permitted to give the Minister or 24
the chief executive (the official) information for a 25
particular purpose relating to this Act; and 26
(b) this Act does not provide for how the information may 27
or must be given to the official for the purpose; and 28
(c) the person gives the official the information in the way 29
required or permitted under the directions; 30
the person is taken to have given the official the information 31
for the purpose. 32
`(5) Unless a direction states a particular office of the department 33
where the information must be given, the information must be 34
given at the office of the chief executive. 35
`(6) The chief executive must-- 36
s 234 115 s 236
Mining and Other Legislation Amendment Bill 2007
(a) keep-- 1
(i) a copy of each direction; and 2
(ii) a record (by whatever name called) of each 3
direction, including the dates when each direction 4
was published and superseded; and 5
(b) make each direction and the record available to the 6
public in the way the chief executive considers 7
appropriate. 8
`(7) Without limiting subsection (6), the chief executive must 9
ensure an up-to-date copy of each direction and the record is 10
available to be read free of charge at each office of the 11
department and on the department's website.'. 12
Clause 234 Amendment of s 893 (Application of sdiv 1) 13
(1) Section 893(a), after `209,'-- 14
insert-- 15
`219,'. 16
(2) Section 893(b), `the 2004 Act start day'-- 17
omit, insert-- 18
`31 December 2004'. 19
Clause 235 Amendment of s 910 (Renewal application provisions 20
apply for making and deciding grant application) 21
Section 910(1)(b)(i), `section 163'-- 22
omit, insert-- 23
`sections 161(2) and (3) and 163'. 24
Clause 236 Insertion of new ch 15, pt 6 25
Chapter 15-- 26
insert-- 27
s 237 116 s 237
Mining and Other Legislation Amendment Bill 2007
`Part 6 Transitional provision for 1
Mining and Other Legislation 2
Amendment Act 2007 3
`939 Provision for amendment of s 893 4
`Chapter 15, part 3, division 5, subdivision 1 applies as if the 5
amendment of section 893 under the Mining and Other 6
Legislation Amendment Act 2007 had commenced on 31 7
December 2004.'. 8
Clause 237 Amendment of sch 2 (Dictionary) 9
(1) Schedule 2, definitions 2004 Act start day and gas system-- 10
omit. 11
(2) Schedule 2-- 12
insert-- 13
`bulk fuel gas storage facility means a site where fuel gas is 14
stored in a tank and includes all activities relating to the 15
storage and use of the fuel gas at the site, but does not include 16
a site if-- 17
(a) the primary use of the fuel gas at the site is-- 18
(i) the sale of fuel gas to a consumer at the site; or 19
(ii) the use of automotive LPG at the site; or 20
(b) the volume of the tank storing the fuel gas is less than an 21
amount prescribed under a regulation; or 22
(c) the tank is connected to a gas device and the 23
consumption of fuel gas by the gas device is less than an 24
amount prescribed under a regulation. 25
distribution system means a system of distribution pipelines 26
and meters and other equipment used for, or in connection 27
with, the supply of LPG or processed natural gas to more than 28
1 consumer within a fuel gas market, but does not include-- 29
(a) pipelines connected from the exit point of a meter 30
installed for a consumer's premises; or 31
s 237 117 s 237
Mining and Other Legislation Amendment Bill 2007
(b) appliances or equipment connected to pipelines 1
mentioned in paragraph (a). 2
gas device means a gas device (type A) or a gas device (type 3
B). 4
gas system means a system that consists of installed gas 5
devices, containers, fittings, flues or pipes, in any 6
combination. 7
Examples of a gas system-- 8
1 a system of interconnected domestic gas devices installed in a 9
dwelling house 10
2 a gas device, and associated pipe work, added to an existing system 11
3 a gas-fired industrial boiler installation 12
generic SMP see section 675A. 13
LPG delivery network-- 14
(a) means the supply of LPG in fuel gas containers that are 15
owned or provided (other than by being sold) by a 16
person (a product supplier) to a consumer or another 17
person in the business of distributing LPG; and 18
(b) includes any part of the supply that is carried out by an 19
agent of the product supplier. 20
Examples of an LPG delivery network-- 21
· the delivery of cylinders of LPG to a consumer or to a 22
distributor 23
· the bulk delivery of LPG to a container 24
mineral hydrocarbon mining lease see the Mineral 25
Resources Act 1989, section 739. 26
tank means a pressure vessel to which AS 1210 `Pressure 27
vessels' (1997) applies.'. 28
(3) Schedule 2, definition owner, paragraph 2(i) and (ii)-- 29
renumber as paragraph 2(a) and (b). 30
(4) Schedule 2, definition petroleum producer-- 31
insert-- 32
`(d) for petroleum that is coal seam gas mined under a 33
mineral hydrocarbon mining lease--the coal or oil shale 34
s 238 118 s 240
Mining and Other Legislation Amendment Bill 2007
mining lease holder who mines it or for whom it is 1
mined.'. 2
Part 10 Amendment of Workplace 3
Health and Safety Act 1995 4
Clause 238 Act amended in pt 10 5
This part amends the Workplace Health and Safety Act 1995. 6
Clause 239 Amendment of s 3 (Application of Act) 7
Section 3(1)(c) and (d)-- 8
omit, insert-- 9
`(c) operating plant, within the meaning of the Petroleum 10
and Gas (Production and Safety) Act 2004, on land the 11
subject of-- 12
(i) a 1923 Act petroleum tenure under the Petroleum 13
Act 1923; or 14
(ii) a petroleum authority under the Petroleum and Gas 15
(Production and Safety) Act 2004; or 16
(d) a facility or plant used for geothermal exploration, 17
within the meaning of the Geothermal Exploration Act 18
2004, section 132A(1), if the facility or plant is used for 19
drilling or drilling related purposes.'. 20
Clause 240 Insertion of new s 3B 21
After section 3A-- 22
insert-- 23
`3B Relationship with other Acts relating to design or 24
manufacture of operating plant 25
`(1) This section applies if-- 26
s 241 119 s 241
Mining and Other Legislation Amendment Bill 2007
(a) this Act, in the absence of this section, would have 1
application to a matter, relating to the design or 2
construction of proposed operating plant, that impacts 3
on the integrity or safe use of the plant; and 4
(b) a relevant Act also has application to the matter. 5
`(2) This Act does not have application to the matter to the extent 6
that the relevant Act has application to the matter. 7
`(3) In this section-- 8
operating plant, for application of a relevant Act to a matter, 9
means-- 10
(a) for the Petroleum and Gas (Production and Safety) Act 11
2004--operating plant within the meaning of that Act; 12
or 13
(b) for the Geothermal Exploration Act 2004--a facility or 14
plant used for geothermal exploration, within the 15
meaning of section 132A(1) of that Act. 16
relevant Act means-- 17
(a) the Geothermal Exploration Act 2004; or 18
(b) the Petroleum and Gas (Production and Safety) Act 19
2004.'. 20
Part 11 Minor amendments 21
Clause 241 Acts amended in schedule 22
The schedule amends the Acts mentioned in it. 23
120
Mining and Other Legislation Amendment Bill 2007
Schedule Minor amendments 1
section 241 2
Coal Mining Safety and Health Act 1999 3
1 Sections 131, `or inspection'-- 4
omit, insert-- 5
`, inspection officer or authorised'. 6
2 Sections 133(1), (2) and (4), 140 hdg, 144, 147(1) and (2), 7
148(1) and (2), 149, 152(1) to (4) and 153(2)(a), `inspector 8
or inspection'-- 9
omit. 10
3 Section 146(1), 155(3), 157, 158(1) and 159(1) and (2), 11
`inspector'-- 12
omit, insert-- 13
`officer'. 14
Mining and Quarrying Safety and Health Act 1999 15
1 Section 128, `or inspection'-- 16
omit, insert-- 17
`, inspection officer or authorised'. 18
2 Sections 130(1), (2) and (4), 137 hdg, 140, 141, 144(1) and 19
(2), 145(1) and (2), 146, 149(1) to (4) and 150(2)(a), 20
`inspector or inspection'-- 21
omit. 22
121
Mining and Other Legislation Amendment Bill 2007
Schedule (continued)
3 Section 143(1), 152(3), 154, 155(1) and 156(1) and (2), 1
`inspector'-- 2
omit, insert-- 3
`officer'. 4
Petroleum Act 1923 5
1 Section 2, definition 2004 Act start day-- 6
omit. 7
2 Section 2, definitions development plan, paragraph 1, 8
and original notional sub-blocks, paragraph 1, section 9
45(1A), part 6A, division 2, subdivision 1 heading, note, 10
section 74N(1), part 10, division 1, subdivision 1 heading, 11
note, and sections 151(1) and (5), 153,154(1),155(1),156, 12
157(1),159(1) and (2), 160(2) and (3), 161, 162(1), (2), (4) 13
and (5), 163(1), (2) and (4), 164, 165A(2), 165B, 168, 169, 14
170(1), 171(1), 173(2), 176(1) and 178(1), `the 2004 Act 15
start day'-- 16
omit, insert-- 17
`31 December 2004'. 18
3 Part 6, division 3, heading, `provision'-- 19
omit, insert-- 20
`provisions'. 21
4 Section 75Q(2)(a)(ii) and (b), `owner'-- 22
omit, insert-- 23
`landowner' 24
122
Mining and Other Legislation Amendment Bill 2007
Schedule (continued)
5 Part 10, heading and part 10, division 2, heading, `2004 1
Act start day'-- 2
omit, insert-- 3
`31 December 2004'. 4
Petroleum and Gas (Production and Safety) Act 2004 5
1 Section 288, heading, `water supply bore or water 6
observation bore'-- 7
omit, insert-- 8
`water observation bore or water supply bore'. 9
2 Section 288(3)(b), `owner'-- 10
omit, insert-- 11
`landowner'. 12
3 Sections 591A(3), 873(1), 875, 876, 878(2) and (3), 884(1) 13
and (2), 885, 886, 887(1), 888(1)(a), 890, 891(1), 894, 896(1), 14
(3) and (4), 897(2) and (3), 899, 901, 902, 905, 908(3), 15
912(2), 914, 915(1) to (3), 916(1) and (2), 917, 918, 919(1), 16
(2) and (4), 920 (1) and (2), 921(2) and (3), 922(1)(a), (2), (4) 17
and (5), 923(1), (2) and (5), 924(1), (2) and (4), 925, 926, 18
927(1) and (2), 928(1), 930(a), 931(2)(a), 933, 934A(2), 19
934B, 935A and schedule 2, definition original notional 20
sub-blocks, paragraph 1, `the 2004 Act start day'-- 21
omit, insert-- 22
`31 December 2004'. 23
4 Section 795, `This section'-- 24
omit, insert-- 25
`This subdivision'. 26
123
Mining and Other Legislation Amendment Bill 2007
Schedule (continued)
5 Section 897(2), `after 2004 Act start day'-- 1
omit, insert-- 2
`after 31 December 2004'. 3
6 Chapter 15, part 3, division 6, subdivision 2, heading, 4
`2004 Act start day'-- 5
omit, insert-- 6
`31 December 2004'. 7
7 Amendment of s 934 (Substituted restriction for 8
petroleum leases relating to mineral hydrocarbon 9
mining leases) 10
Section 934(2), definition relevant mineral hydrocarbon mining 11
lease, `as defined' to `section 739,'-- 12
omit. 13
© State of Queensland 2007
AMENDMENTS TO BILL
1
Mining and Other Legislation Amendment Bill 2007
Mining and Other Legislation Amendment
Bill 2007
Amendments agreed to during Consideration
1 Clause 2 (Commencement)--
At page 14, line 7, after `This Act'--
insert--
`, other than part 3A and section 91A,'.
2 After clause 43--
At page 28, after line 11--
insert--
`Part 3A Amendment of Environmental
Protection Act 1994
`43A Act amended in pt 3A
This part amends the Environmental Protection Act 1994.
`43B Insertion of new ch 12, pt 4A
After section 579--
insert--
`Part 4A Validation
`579A Validation of amendment of environmental authority
MIM800098402
`(1) This section applies to the amendment application made on 6
April 2005 for environmental authority (mining lease) number
MIM800098402.
2
Mining and Other Legislation Amendment Bill 2007
`(2) The Minister's decision made on 8 March 2007 to grant the
application is taken to have been validly made under chapter
5.
`(3) The environmental authority as amended under the decision is
taken to have been issued under chapter 5 on 22 March
2007.'.'.
3 After clause 91--
At page 59, after line 24--
insert--
`91A Insertion of new s 418AA
After section 418A--
insert--
`418AA Validation of inclusion of additional surface area No. 2 in
mining lease 4761
`(1) This section applies to mining lease 4761.
`(2) The application made under section 275 to include additional
surface area No. 2 in the mining lease is taken to have been
validly granted on 29 March 2007.
`(3) Additional surface area No. 2 is taken to have been included
in the mining lease on 29 March 2007.
`(4) To remove any doubt, it is declared that nothing in this section
affects an agreement, or determination by the tribunal, made
under this Act before the commencement of this section about
compensation payable by the holder of the mining lease for
additional surface area No. 2 being included in the mining
lease.
`(5) To remove any doubt, it is declared that this section does not
limit or otherwise affect the operation of section 416 in
relation to the application or the mining lease.
`(6) In this section--
additional surface area No. 2 means the area identified as
surface area 3 in mine plan 37891 recorded under this Act in
the register kept by the mining registrar.'.'.
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