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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
PETROLEUM AMENDMENT
BILL 1993
Queensland
PETROLEUM AMENDMENT BILL 1993
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
PART 2--AMENDMENT OF PETROLEUM ACT 1923
2 Amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Amendment of s.3 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Amendment of s.4B (Appointment of pipelines tribunal) . . . . . . . . . . . . . . . 4
5 Replacement of s.4G (Governor's powers following inquiry) . . . . . . . . . . . . 5
4G Powers following inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
4H Adjustment of pipeline charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
6 Amendment of s.7A (General authority of corporation sole) . . . . . . . . . . . . 8
7 Amendment of s.9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
8 Amendment of s.40F (Reduction of royalty rate) . . . . . . . . . . . . . . . . . . . . . 8
9 Amendment of s.45 (Refineries and pipe-lines) . . . . . . . . . . . . . . . . . . . . . . 8
10 Amendment of s.45A (Construction, &c., of pipeline) . . . . . . . . . . . . . . . . . 9
11 Amendment of s.45B (Acquisition of land for pipeline purposes) . . . . . . . . 9
12 Amendment of s.45F (Petroleum product pipelines) . . . . . . . . . . . . . . . . . . 9
13 Amendment of s.54A (Minister's powers concerning petroleum) . . . . . . . . 10
14 Amendment of s.63A (Penalties) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
15 Replacement of s.65 (Regulations) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
65 Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
16 Replacement of s.66 (Repeals) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
66 Pipeline charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
67 Existing statutory rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
2
Petroleum Amendment
PART 3--REPEALS
17 Repeal of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
18 Repeal of order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
1993
A BILL
FOR
An Act to amend the Petroleum Act 1923
4
Petroleum Amendment
BE IT ENACTED by the Queen's Most Excellent Majesty, by and with 1
the advice and consent of the Legislative Assembly of Queensland in 2
Parliament assembled, and by the authority of the same, as follows. 3
PART 1--PRELIMINARY 4
title 5
Short
Clause1. This Act may be cited as the Petroleum Amendment Act 1993. 6
PART 2--AMENDMENT OF PETROLEUM ACT 1923 7
Act 8
Amended
The Petroleum Act 1923 is amended as set out in this Part. 9
Clause2.
of s.3 (Interpretation) 10
Amendment
Section 3 (definitions "Declared pipeline", "Minister", 11
Clause3.(1)
"Prescribed", "State Mining Engineer" and "This Act")-- 12
omit. 13
(2) Section 3-- 14
insert-- 15
` "declared pipeline" means a petroleum product pipeline (within the 16
meaning of section 45F(3)) that is the subject of a regulation made for 17
the purposes of section 45F(1); 18
"State mining engineer" means the officer holding the office of State 19
mining engineer in the department;'. 20
of s.4B (Appointment of pipelines tribunal) 21
Amendment
Section 4B(1)-- 22
Clause4.(1)
5
Petroleum Amendment
omit `, on the Minister's recommendation'. 1
(2) Section 4B(1)-- 2
omit `Minister's opinion', insert `Governor in Council's opinion'. 3
of s.4G (Governor's powers following inquiry) 4
Replacement
Section 4G-- 5
Clause5.
omit, insert-- 6
following inquiry 7
`Powers
`4G.(1) If a pipelines tribunal has reported to the Minister in respect of 8
the matter on which it was required to report, the regulations may make 9
provision with respect to the matter by-- 10
(a) fixing a maximum charge for transporting petroleum by pipeline; 11
or 12
(b) prohibiting the imposition by a licensee of a condition relating to 13
the transporting of petroleum by pipeline; or 14
(c) determining the throughput entitlements of a person using or 15
wishing to use a pipeline; or 16
(d) taking action in respect of a licence or licensee, including 17
amending the conditions of a licence. 18
`(2) A licensee who contravenes a regulation made for the purposes of 19
subsection (1) commits an offence against this Act. 20
Maximum penalty--100 penalty units. 21
of pipeline charges 22
`Adjustment
`4H.(1) In this section-- 23
"adjustable accounting period" means-- 24
(a) the first accounting period; or 25
(b) if a regulation is made under section 4G fixing a maximum 26
charge for a future accounting period and the charge is declared 27
by the regulation to be an adjustable charge--the period; 28
6
Petroleum Amendment
"adjustment figures" means-- 1
(a) in relation to the licensee-- 2
(i) the actual throughputs of petroleum for each producer; and 3
(ii) the charges imposed by the licensee for each producer's 4
throughputs; or 5
(b) in relation to a producer-- 6
(i) the producer's actual throughputs of petroleum; and 7
(ii) the charges imposed by the licensee for the producer's 8
throughputs; 9
"first accounting period" means the year starting on 1 August 1991 and 10
ending on 31 July 1992; 11
"future accounting period" means a year starting on 1 August 1993 or 12
1 August in any later year and ending on 31 July in the next year; 13
"licensee" means the licensee of the Moonie pipeline; 14
"Moonie pipeline" means the Moonie to Brisbane pipeline; 15
"Moonie Transportation Agreement" means the agreement dated 16
27 April 1984 (as amended) between-- 17
(a) Santos Limited, Delhi Petroleum Pty Ltd, Vamgas Limited, 18
Claremont Petroleum NL, Oil Company of Australia NL and 19
Ampol Exploration Limited; and 20
(b) Moonie Pipeline Company Pty Ltd; 21
"Naccowlah Block producers" means the persons for whom the licensee 22
transports petroleum under the Moonie Transportation Agreement; 23
"producer" means a person for whom the licensee transports petroleum by 24
the Moonie pipeline. 25
`(2) Subject to subsection (7), the charges paid by producers (other than 26
the Naccowlah Block producers) to the licensee for the transport of 27
petroleum by the Moonie pipeline for an adjustable accounting period must 28
be adjusted between the licensee and each producer. 29
`(3) The adjustment must be calculated in a way determined by the 30
Minister by written notice having regard to the recommendations of 31
pipelines tribunals required under section 4D to inquire into charges 32
7
Petroleum Amendment
imposed by the licensee for the transport of petroleum by the Moonie 1
pipeline. 2
`(4) To facilitate the adjustment for a future accounting period, the 3
licensee and all producers must give the Minister the adjustment figures 4
within 30 days from the end of the period. 5
`(5) The Minister must, as soon as practicable after establishing the 6
adjustment figures, calculate the adjustment and give written notice to the 7
licensee and each of the producers (other than the Naccowlah Block 8
producers) of-- 9
(a) the way the adjustment was calculated; and 10
(b) the amount payable by-- 11
(i) the licensee to the producer; or 12
(ii) the producer to the licensee. 13
`(6) The amount payable under the adjustment is a debt due by-- 14
(a) the licensee to the producer; or 15
(b) the producer to the licensee. 16
`(7) An adjustment must not be made under this section between a 17
producer and the licensee for a future accounting period if, after the 18
commencement of this section, the producer and the licensee enter into an 19
agreement in relation to the charges payable for the transport of petroleum 20
by the Moonie pipeline for the period. 21
`(8) This section has effect despite-- 22
(a) any maximum charge fixed under section 4G in relation to the 23
first accounting period; and 24
(b) any other Act or law; and 25
(c) any agreement entered into before the commencement of this 26
section between the licensee and a producer in relation to the 27
transport of petroleum by the Moonie pipeline during the first or 28
future accounting periods. 29
`(9) A notice under subsection (3) is subordinate legislation.'. 30
8
Petroleum Amendment
of s.7A (General authority of corporation sole) 1
Amendment
Section 7A(2)-- 2
Clause6.(1)
omit `, by way of Order in Council,'. 3
(2) Section 7A(3)-- 4
omit `Order in Council', insert `approval'. 5
of s.9 6
Amendment
Section 9(1)-- 7
Clause7.(1)
omit `Proclamation as hereinafter provided', 8
insert `a regulation made for the purposes of subsection (2)'. 9
(2) Section 9(2)-- 10
omit, insert-- 11
`(2) The Governor in Council may, by regulation, declare an area in 12
respect of which a permit or lease under this Act must not be granted.'. 13
of s.40F (Reduction of royalty rate) 14
Amendment
Section 40F(1)-- 15
Clause8.(1).
omit `Order in Council' (wherever occurring), insert `regulation'. 16
(2) Section 40F(2)-- 17
omit. 18
of s.45 (Refineries and pipe-lines) 19
Amendment
Clause9.(1) Section 45(2) (1st sentence)-- 20
omit `Order in Council,' (wherever occurring), insert `Gazette notice'. 21
(2) Section 45(3)(aa)-- 22
omit `Order in Council made under', 23
insert `regulation made for the purposes of'. 24
9
Petroleum Amendment
(3) Section 45(3)(b)-- 1
omit `Order in Council', insert `Gazette notice'. 2
of s.45A (Construction, &c., of pipeline) 3
Amendment
Section 45A(4)-- 4
Clause10.
omit `Order in Council,', insert `Gazette notice'. 5
of s.45B (Acquisition of land for pipeline purposes) 6
Amendment
Section 45B(3)-- 7
Clause11.(1)
omit `an Order in Council', insert `a Gazette notice'. 8
(2) Section 45B(4)-- 9
omit `by Order in Council', insert `, by Gazette notice,'. 10
of s.45F (Petroleum product pipelines) 11
Amendment
Section 45F(1) to (2)-- 12
Clause12.(1)
omit, insert-- 13
`45F.(1) For the purposes of encouraging, facilitating and regulating the 14
construction of a petroleum product pipeline, the Governor in Council may, 15
by regulation, declare that sections 45(2) to (4) and 45A to 45E apply to a 16
specified petroleum product pipeline (whether it is being constructed or is 17
proposed or contemplated to be constructed). 18
`(2) The regulation must contain a description of the lands on, over or 19
under which the pipeline is being constructed or proposed or contemplated 20
to be constructed. 21
`(2A) The sections mentioned in subsection (1) apply, with any 22
necessary modifications, to the petroleum product pipeline as if it were a 23
pipeline within the meaning of section 3.'. 24
10
Petroleum Amendment
of s.54A (Minister's powers concerning petroleum) 1
Amendment
Section 54A-- 2
Clause13.
omit `Order in Council', insert `regulation'. 3
of s.63A (Penalties) 4
Amendment
Section 63A(1)-- 5
Clause14.(1)
omit `$10 000', insert `200 penalty units'. 6
(2) Section 63A(1)-- 7
omit `$2 000', insert `40 penalty units'. 8
of s.65 (Regulations) 9
Replacement
Section 65-- 10
Clause15.
omit, insert-- 11
12
`Regulations
`65.(1) The Governor in Council may make regulations for the purposes 13
of this Act. 14
`(2) A regulation may be made with respect to any of the following 15
matters-- 16
(a) the storage and use of explosives in relation to the exploration for, 17
and production of, petroleum; 18
(b) the payment of fees under this Act and the way and purpose of 19
their payment. 20
`(3) A regulation may be made-- 21
(a) creating offences against the regulation; and 22
(b) fixing a maximum penalty of 10 penalty units for an offence 23
against the regulation.'. 24
of s.66 (Repeals) 25
Replacement
Section 66-- 26
Clause16.
11
Petroleum Amendment
omit, insert-- 1
charges 2
`Pipeline
`66.(1) This section does not apply to petroleum transported under the 3
Moonie Transportation Agreement within the meaning of section 4H. 4
`(2) The maximum charge payable to the licensee of the Moonie to 5
Brisbane pipeline for the transport of petroleum by the pipeline during the 6
period starting on 1 August 1992 and ending on 31 July 1993 is-- 7
(a) if the petroleum is transported to the Moonie terminal by the 8
Jackson to Moonie pipeline--$2.10 per barrel; or 9
(b) if the petroleum is transported to the Moonie terminal in another 10
way--$2.95 per barrel. 11
statutory rules 12
`Existing
`67.(1) A statutory rule in force under section 4G, 9, 40F, 45F or 54A 13
immediately before the commencement of this section continues to have 14
effect after the commencement, and may be amended or repealed, as if it 15
were a regulation. 16
`(2) An order in council in force under section 45A or 45B immediately 17
before the commencement of this section continues to have effect after the 18
commencement, and may be amended or repealed, as if it were a Gazette 19
notice. 20
`(3) A regulation in force under this Act immediately before the 21
commencement of this section continues to have effect after the 22
commencement.'. 23
PART 3--REPEALS 24
of Act 25
Repeal
The Petroleum Act Amendment Act 1981 is repealed. 26
Clause17.
12
Petroleum Amendment
of order 1
Repeal
The Petroleum (Pipeline Charges) Order 1992 is repealed. 2
Clause18.
3
© State of Queensland 1993
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