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Queensland
PETROLEUM AMENDMENT
BILL 1995
Queensland
PETROLEUM AMENDMENT BILL 1995
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
5 Insertion of new ss 3A3D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
3A Words and expressions used in Mineral Resources Act . . . . . . . . . . 10
3B Meaning of "non-discriminatory" . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
3C Meaning of "proposed facility user" . . . . . . . . . . . . . . . . . . . . . . . . . 11
3D Meaning of "spare capacity" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
6 Amendment of pt 1A heading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
7 Omission of ss 4B4H . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
8 Omission of s 20A (Existing permits continued in force) . . . . . . . . . . . . . . . 12
9 Amendment of s 41A (Subleases under unitisation arrangements) . . . . . . . 12
10 Amendment of s 42 (Forfeiture of excess holding) . . . . . . . . . . . . . . . . . . . . 12
11 Replacement of s 44 (Reservations in favour of Crown) . . . . . . . . . . . . . . . 12
44 Reservations in favour of State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
12 Replacement of s 45 (Refineries and pipelines) . . . . . . . . . . . . . . . . . . . . . . 13
Division 4--Refinery and entry permissions and pipeline licences
45 Oil refineries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
45AA Permission to enter land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
45AB What happens if someone damages improvements? . . . . . . . . . . . . 14
45AC Pipeline licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
45AD Access principles to be approved before grant of pipeline
licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
2
Petroleum Amendment
45AE Pipeline licence conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
45AF What happens on contravention of refinery permission or
pipeline licence conditions? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
45AG Recovery of amounts payable to the State . . . . . . . . . . . . . . . . . . . . 17
45AH Assignment etc. of refinery permission, pipeline licence or
interests in certain land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Division 5--Other provisions about pipelines
13 Amendment of s 45F (Petroleum product pipelines) . . . . . . . . . . . . . . . . . . 18
14 Insertion of new pt 6A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
PART 6A--PROVISIONS ABOUT ACCESS TO FACILITIES
Division 1--Objects
61D Objects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Division 2--Application of part
61E Application of part to pipelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
61F Application of part to associated facilities . . . . . . . . . . . . . . . . . . . . 20
61G Part does not apply to some access agreements . . . . . . . . . . . . . . . . 20
61H Application of part to joint venturers . . . . . . . . . . . . . . . . . . . . . . . . . 21
Division 3--Access principles
61I Access principles to be given to Minister . . . . . . . . . . . . . . . . . . . . . 22
61J Access principles for existing pipelines . . . . . . . . . . . . . . . . . . . . . . . 22
61K Access principles for associated facilities . . . . . . . . . . . . . . . . . . . . . 22
61L Approval of access principles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
61M Review of access principles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
61N Effect of approval of access principles . . . . . . . . . . . . . . . . . . . . . . . 25
Division 4--Negotiating access to facilities
61O Information to be provided on non-discriminatory basis . . . . . . . . . . 25
61P Provision of information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
61Q Right to negotiate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
61R Negotiations with persons holding options . . . . . . . . . . . . . . . . . . . . . 26
61S Priority in negotiation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
61T Access agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
61U Facility user must give access provider information . . . . . . . . . . . . 27
61V Responsibilities in providing access . . . . . . . . . . . . . . . . . . . . . . . . . 28
3
Petroleum Amendment
61W Restrictions on access agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
61X Register to be kept . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
61Y Development of facility capacity . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
61Z Restrictions on facility owner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
61ZA Assignment of access agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Division 5--Arbitration
61ZB Application of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
61ZC What is an access dispute? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
61ZD Approved arbitrators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
61ZE When may arbitrator be appointed? . . . . . . . . . . . . . . . . . . . . . . . . . . 32
61ZF Principles of arbitration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
61ZG Notice to facility owner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
61ZH Giving of relevant information to arbitrator . . . . . . . . . . . . . . . . . . . . 34
61ZI Arbitrator may require confidentiality to be observed . . . . . . . . . . . 35
61ZJ Ending arbitration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
61ZK Arbitrator's power when making an award . . . . . . . . . . . . . . . . . . . . . 36
61ZL Giving effect to arbitrator's award . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
61ZM Costs of arbitration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Division 6--Provisions aiding enforcement of part
61ZN Responsibility for acts or omissions of representatives . . . . . . . . . . 37
Division 7--General
61ZO Minister to be given information . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
15 Amendment of s 62B (Interference with pipeline etc.) . . . . . . . . . . . . . . . . 39
16 Amendment of s 62C (Interference with access) . . . . . . . . . . . . . . . . . . . . . 39
17 Omission of s 67 (Existing statutory rules) . . . . . . . . . . . . . . . . . . . . . . . . . . 40
18 Insertion of new ss 6871 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
68 Application of Acts Interpretation Act, s 20A . . . . . . . . . . . . . . . . . . 40
69 Transitional provisions about Pipelines Tribunal . . . . . . . . . . . . . . . 40
70 Transitional provisions about adjustment of pipelines charges . . . . 40
71 Numbering and renumbering of Act . . . . . . . . . . . . . . . . . . . . . . . . . . 41
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 42
MINOR AMENDMENTS
1995
A BILL
FOR
An Act to amend the Petroleum Act 1923
s1 6 s4
Petroleum Amendment
The Parliament of Queensland enacts-- 1
title 2
Short
Clause 1. This Act may be cited as the Petroleum Amendment Act 1995. 3
4
Commencement
Clause 2. Sections 6 and 7 commence on 1 July 1995. 5
amended 6
Act
Clause 3. This Act amends the Petroleum Act 1923. 7
of s 3 (Definitions) 8
Amendment
Clause 4.(1) Section 3(1), definitions "authority to prospect", "company", 9
"corporation sole", "Crown land", "declared pipeline", "licence", 10
"permit", "permittee", "person", "private land" and "State mining 11
engineer"-- 12
omit. 13
(2) Section 3(1)-- 14
insert-- 15
` "access", to a facility, means the right to a service provided by the facility, 16
and includes the right to have the facility connected to another facility. 17
"access agreement", for a facility, means a written agreement between a 18
facility owner and a facility user, or between facility users, for access 19
to the facility. 20
"access dispute" see section 61ZC.1 21
"access principles" means tariff setting principles, indicative tariff schedule 22
and indicative access conditions. 23
1 Section 61ZC (What is an access dispute?)
s4 7 s4
Petroleum Amendment
"access provider", for a facility, means an owner or user of the facility 1
who has given, or is able to give, someone else a capacity entitlement 2
under an access agreement for the facility. 3
"approved arbitrator" means an arbitrator approved by the Minister.2 4
"associated facility" means a petroleum facility (other than a pipeline) 5
used, or proposed to be used, in association with a pipeline. 6
"authority to prospect" means an authority to prospect under this Act.3 7
"award" has the same meaning as in the Commercial Arbitration Act 8
1990. 9
"capacity entitlement" means capacity available to a facility user under an 10
access agreement. 11
"corporation sole" means the corporation sole under this Act.4 12
"developable capacity", of a facility, means the amount by which the 13
facility's nominal capacity is likely to increase if the facility owner 14
makes economically and technically feasible changes to the facility's 15
specified configuration. 16
"entry permission" see section 45AA.5 17
"executive officer" of a corporation means a person who is concerned with 18
or takes part in the corporation's management, whether or not the 19
person is a director or the person's position is given the name of 20
executive officer. 21
"facility" means-- 22
(a) a licensed pipeline; or 23
(b) a pipeline owned by the corporation sole; or 24
(c) a proposed pipeline for which access principles have been 25
approved but a licence has not yet been granted; or 26
(d) an associated facility declared under a regulation to be a facility 27
2 See section 61ZD (Approved arbitrators).
3 See section 9A (Authority to prospect).
4 See section 7 (Incorporation of Minister).
5 Section 45AA (Permission to enter land)
s4 8 s4
Petroleum Amendment
for this Act; 1
but does not include a pipeline declared under a regulation not to be a 2
facility for this Act. 3
"facility owner", for a facility, includes a person (other than the owner) 4
who operates the facility. 5
"facility user", for a facility, means a person who has access to the facility 6
under an access agreement. 7
"indicative access conditions" means conditions that must be in an access 8
agreement for a facility.6 9
"indicative tariff schedule" means the basic tariff schedule for a facility.7 10
"licence" means a pipeline licence. 11
"nominal capacity" means a facility's maximum practical throughput 12
under a specified configuration. 13
"non-discriminatory" see section 3B.8 14
"on" land includes within, under and over the land. 15
"permit" means a prospecting petroleum permit under this Act, and, in 16
sections 23 and 24,9 includes an authority to prospect under this Act. 17
"permittee" means the holder of a permit. 18
"pipeline licence" see section 45AC.10 19
"private land" means land other than unallocated State land. 20
"proposed facility user" see section 3C.11 21
"refinery permission" see section 45.12 22
6 See section 61L (Approval of access principles).
7 See section 61L (Approval of access principles).
8 Section 3B (Meaning of "non-discriminatory")
9 Section 23 (Rights to water etc.) and section 24 (Private land--compensation
before commencement of drilling)
10 Section 45AC (Pipeline licences)
11 Section 3C (Meaning of "proposed facility user")
12 Section 45 (Oil refineries)
s4 9 s4
Petroleum Amendment
"related corporation" has the same meaning as in the Corporations Law. 1
"representative" means-- 2
(a) of a corporation--an executive officer, employee or agent of the 3
corporation; or 4
(b) of an individual--an employee or agent of the individual. 5
"review event" means-- 6
(a) for a pipeline licensed before 11 March 1995--a day or event 7
declared under a regulation to be a review event for the pipeline; 8
or 9
(b) for a pipeline licensed on or after 11 March 1995--a day or event 10
stated in the licence as a review event for the pipeline; or 11
(c) for a pipeline owned by the corporation sole--a day or event 12
declared under a regulation to be a review event for the pipeline; 13
or 14
(d) for an associated facility--a day or event declared under a 15
regulation to be a review event for the facility. 16
"shared technical information", for a facility, means information it is 17
necessary for an access provider to give to someone else for the 18
facility's safe, efficient and reliable operation. 19
"spare capacity" see section 3D.13 20
"specified configuration" means-- 21
(a) for a licensed pipeline--a configuration specified in the licence or 22
under a regulation; or 23
(b) for another facility--a configuration declared under a regulation. 24
"state of mind" of a person includes-- 25
(a) the person's knowledge, intention, opinion, belief or purpose; and 26
(b) the person's reasons for the intention, opinion, belief or purpose. 27
"sublease", for a lease over land covered by a unitisation arrangement, 28
means a sublease of all or part of-- 29
13 Section 3D (Meaning of "spare capacity")
s5 10 s5
Petroleum Amendment
(a) the leased land; or 1
(b) petroleum produced under the lease. 2
"tariff setting principles" means principles on which the indicative tariff 3
schedule for a facility must be based.14 4
"unallocated State land" has the same meaning as in the Land Act 1994. 5
"unitisation arrangement" means an arrangement among lessees, 6
acceptable to the Minister, for-- 7
(a) ordered production and sharing of petroleum from land covered 8
by the leases; and 9
(b) apportionment of entitlements.'. 10
(3) Section 3(2)-- 11
omit. 12
of new ss 3A3D 13
Insertion
Clause 5. After section 3-- 14
insert-- 15
and expressions used in Mineral Resources Act 16
`Words
`3A. Words and expressions used in the Mineral Resources Act 1989 17
have the same respective meanings in this Act. 18
of "non-discriminatory" 19
`Meaning
`3B.(1) Information about access to a facility is given to a person on a 20
"non-discriminatory" basis for this Act if each person given information 21
is given substantially the same information about-- 22
(a) the access principles for the facility; and 23
(b) the spare and developable capacity of the person giving the 24
information. 25
`(2) Information is substantially the same for subsection (1) if a person 26
14 See section 61L (Approval of access principles).
s5 11 s5
Petroleum Amendment
given different information will not be disadvantaged merely because of the 1
difference. 2
`(3) Also, information given to a person about spare or developable 3
capacity is substantially the same for subsection (1) even though the 4
capacity has changed since someone else was given the information. 5
of "proposed facility user" 6
`Meaning
`3C.(1) A person who gives an access provider for a facility a written 7
notice requiring the access provider to start negotiations with the person, 8
within a stated reasonable time, for access to the facility's spare or 9
developable capacity is a "proposed facility user" for the facility. 10
`(2) Also, a facility user for the facility who gives an access provider for 11
the facility a written notice requiring the access provider to start negotiations 12
with the person, within a stated reasonable time, for continuing or 13
increasing the facility user's capacity entitlement is a "proposed facility 14
user" for the facility. 15
of "spare capacity" 16
`Meaning
`3D.(1) At a particular time, an access provider for a facility has "spare 17
capacity" for the facility if-- 18
(a) for a facility owner--the facility's nominal capacity is not fully 19
used; or 20
(b) for a facility user--the facility user's capacity entitlement is not 21
being fully used. 22
`(2) However, "spare capacity" does not include-- 23
(a) capacity available to someone else under-- 24
(i) an option under an agreement; or 25
(ii) an access agreement for the facility; or 26
(iii) an award that is to be given effect for the facility; or 27
(b) capacity that will be available to someone else under an access 28
agreement for the facility that has not been signed; or 29
(c) for a facility owner--capacity the facility owner requires for 30
s6 12 s 11
Petroleum Amendment
operational, or the owner's, purposes; or 1
(d) for a facility user--capacity the facility user requires for the user's 2
purposes.'. 3
of pt 1A heading 4
Amendment
Clause 6. Part 1A, heading, `AND PIPELINES TRIBUNAL'-- 5
omit. 6
mission of ss 4B4H 7
O
Clause 7. Sections 4B to 4H-- 8
omit. 9
of s 20A (Existing permits continued in force) 10
Omission
Clause 8. Section 20A-- 11
omit. 12
of s 41A (Subleases under unitisation arrangements) 13
Amendment
Clause 9. Section 41A(1)-- 14
omit. 15
of s 42 (Forfeiture of excess holding) 16
Amendment
Clause 10. Section 42(3), `section 41A'-- 17
omit, insert-- 18
`a unitisation arrangement'. 19
of s 44 (Reservations in favour of Crown) 20
Replacement
Clause 11. Section 44-- 21
omit, insert-- 22
s 12 13 s 12
Petroleum Amendment
in favour of State 1
`Reservations
`44.(1) Each permit, lease or authority to prospect is taken to contain a 2
reservation to the State of the right to grant the easements or rights of way, 3
over land covered by the permit, lease or authority, the Governor in Council 4
considers desirable for-- 5
(a) developing or working the land or other land containing 6
petroleum deposits; or 7
(b) treating and transporting petroleum deposits by or for the 8
Government, or a lessee or permit or authority holder; or 9
(c) another public purpose associated with a purpose mentioned in 10
paragraph (a) or (b). 11
`(2) Easements and rights of way under this section may be granted for 12
joint or several use.'. 13
of s 45 (Refineries and pipelines) 14
Replacement
Clause 12.(1) Section 45-- 15
omit, insert-- 16
`Division 4--Refinery and entry permissions and pipeline licences 17
refineries 18
`Oil
`45. The Minister may grant to a person written permission to construct 19
and operate an oil refinery (a "refinery permission") on conditions, stated 20
in the permission, the Minister considers reasonable and appropriate 21
including, for example, conditions about-- 22
(a) the construction, conduct, control, management and operation of 23
the refinery; and 24
(b) fees payable under the permission; and 25
(c) circumstances in which the permission may be suspended or 26
cancelled and the procedure for suspension or cancellation. 27
s 12 14 s 12
Petroleum Amendment
to enter land 1
`Permission
`45AA.(1) This section applies if the Minister considers it necessary for 2
someone to be able to enter land to investigate and survey it for planning for 3
or constructing a pipeline. 4
`(2) The Minister may, by notice, grant to a person permission (an 5
"entry permission") to enter stated land to investigate and survey it for 6
stated purposes. 7
`(3) The entry permission is granted on conditions, stated in the notice, 8
the Minister considers reasonable and appropriate. 9
`(4) The person, and anyone authorised in writing by the person, may, to 10
the extent reasonable and necessary to achieve the purpose of the entry 11
permission-- 12
(a) enter land stated in the permission; and 13
(b) bring onto the land a reasonable type of transport and equipment; 14
and 15
(c) investigate and survey the land. 16
`(5) A notice under this section is subordinate legislation. 17
happens if someone damages improvements? 18
`What
`45AB.(1) If someone claiming to act under an entry permission, or on a 19
permission holder's authority, damages improvements on land covered by 20
the permission, the permission holder must pay compensation for the 21
damage. 22
`(2) The compensation is payable to the owner or, if the land is held 23
under a lease, licence or permit under the Land Act 1994 or another Act, the 24
occupier.15 25
`(3) In a proceeding for compensation under this section, it is a defence 26
to prove that the person responsible for the damage was not on the land 27
with the permission holder's approval, or on the permission holder's 28
authority, when the damage happened. 29
15 For provisions about compensation see sections 59 (Compensation), 60 (Power
to agree as to compensation) and 61 (Measure of compensation).
s 12 15 s 12
Petroleum Amendment
licences 1
`Pipeline
`45AC.(1) With the approval of the Governor in Council, the Minister 2
may grant to a person a licence to construct and operate a pipeline (a 3
"pipeline licence"). 4
`(2) The Minister may grant the licence only if the Minister approves 5
access principles for the pipeline, unless a regulation declares part 6A does 6
not apply to the pipeline. 7
`(3) Despite subsections (1) and (2), the Minister must grant a licence for 8
a pipeline to an applicant who is a party to a unitisation arrangement if the 9
pipeline is part of a petroleum-gathering system under the arrangement and 10
is outside land covered by the arrangement. 11
`(4) A pipeline licence must identify the land covered by the licence. 12
`(5) A pipeline licence is granted on conditions, stated in the licence, the 13
Minister considers reasonable and appropriate. 14
`(6) The Minister must-- 15
(a) notify the grant of a pipeline licence by Gazette notice; and 16
(b) ensure a plan showing the route of the pipeline, and the land on 17
which it may be constructed under the licence, is available for 18
inspection at the place or places stated in the Gazette notice. 19
principles to be approved before grant of pipeline licence 20
`Access
`45AD.(1) An applicant for a pipeline licence must give the Minister 21
proposed access principles for the pipeline to which the application relates. 22
`(2) If the Minister approves the proposed access principles, the Minister 23
may require the applicant to apply the principles to stated access agreements 24
for the pipeline made before the licence is granted. 25
`(3) The applicant must comply with the requirement. 26
Maximum penalty--100 penalty units. 27
`(4) A regulation may declare that this section does not apply to a stated 28
pipeline. 29
s 12 16 s 12
Petroleum Amendment
licence conditions 1
`Pipeline
`45AE. The conditions stated in a pipeline licence may include the 2
following-- 3
(a) conditions about-- 4
(i) the pipeline's construction, control, management, operation 5
and ownership; or 6
(ii) circumstances in which the corporation sole may take over 7
the pipeline's construction or operation, or ownership may 8
vest in or be transferred to the corporation sole; or 9
(iii) fees payable under the licence; or 10
(iv) access by facility users to the pipeline; or 11
(v) circumstances in which the licence may be suspended or 12
cancelled and the procedures for suspension or cancellation; 13
(b) conditions requiring the licensee to comply with the approved 14
access principles for the pipeline; 15
(c) conditions stating what are review events under the licence; 16
(d) conditions requiring the review by the Minister of stated licence 17
conditions or the access principles when a stated review event 18
happens; 19
(e) conditions requiring the Minister's approval to the expansion of 20
the pipeline's capacity beyond its nominal capacity; 21
(f) conditions prescribed under a regulation. 22
happens on contravention of refinery permission or pipeline 23
`What
licence conditions? 24
`45AF.(1) This section applies if a licensee or refinery permission holder 25
(an "authority holder") contravenes a licence or permission condition for 26
which the licence or permission states it may be suspended or cancelled. 27
`(2) The Minister may give the authority holder a written notice requiring 28
the person-- 29
(a) to remedy a stated contravention of a stated condition to which 30
this section applies within a stated reasonable time; and 31
s 12 17 s 12
Petroleum Amendment
(b) to pay to the State-- 1
(i) an amount of $2 000, for each day the contravention 2
continues after a stated day; or 3
(ii) another amount, stated in the licence, for each period stated 4
in the licence. 5
`(3) If the person fails to comply with the notice, the Minister may 6
suspend or cancel the licence or refinery permission by Gazette notice. 7
`(4) The Minister may also suspend or cancel a licence or refinery 8
permission in other circumstances stated in the licence or permission. 9
`(5) However, if the Minister has given a licensee approval-- 10
(a) to lease, sublease, or mortgage the licence; or 11
(b) to create a trust over land, or an easement or right of way over 12
land, acquired for a pipeline or refinery; 13
the Minister must not suspend or cancel the licence until after notice of the 14
proposed suspension or cancellation is given to the lessee, sublessee, 15
mortgagee or trustee. 16
`(6) In addition, suspension or cancellation of a licence or permission 17
does not affect the authority holder's liability under subsection (2)(b). 18
of amounts payable to the State 19
`Recovery
`45AG.(1) An amount payable to the State under this part may be 20
recovered as a debt in a court having jurisdiction up to the amount of the 21
debt. 22
`(2) The starting of a proceeding to recover an amount owing to the State 23
does not limit the right of the State to recover another amount that may 24
become payable under this part because the failure continues. 25
`(3) If the State starts a proceeding to recover part only of an amount 26
payable at a particular time, the State is taken to have abandoned the 27
remainder of the amount payable at the time. 28
s 13 18 s 13
Petroleum Amendment
etc. of refinery permission, pipeline licence or interests in 1
`Assignment
certain land 2
`45AH.(1) This section applies to-- 3
(a) a refinery permission; and 4
(b) a pipeline licence; and 5
(c) land, or an easement or right of way over land, acquired for use 6
for a refinery or pipeline. 7
`(2) A person must not directly or indirectly assign, transfer, lease, 8
sublease, mortgage or create a trust in relation to a permission, licence, land, 9
or an easement or right of way over land, to which this section applies 10
without the Minister's written consent. 11
`(3) An assignment, transfer, lease, sublease, mortgage or trust in 12
contravention of subsection (2) is void. 13
`(4) The Minister may require an applicant for consent under this section 14
to give to the Minister stated reasonable information about the proposed 15
assignment, transfer, lease, sublease, mortgage or trust. 16
`(5) The Minister may consent or refuse to give the consent. 17
5--Other provisions about pipelines 18
`Division
of s 45F (Petroleum product pipelines) 19
Amendment
Clause 13.(1) Section 45F(1)-- 20
omit, insert-- 21
`45F.(1) For encouraging, facilitating and regulating the construction of a 22
particular petroleum product pipeline being, proposed or planned to be, 23
constructed, the Governor in Council may, under a regulation, declare the 24
pipeline to be a pipeline to which all or any of sections 45AA to 45E 25
apply.16'. 26
16 Sections 45AA to 45E are provisions relating to pipeline licences.
s 14 19 s 14
Petroleum Amendment
(2) Section 45F(2A)-- 1
omit. 2
of new pt 6A 3
Insertion
Clause 14. After part 6-- 4
insert-- 5
ART 6A--PROVISIONS ABOUT ACCESS TO 6
`P
FACILITIES 7
1--Objects 8
`Division
9
`Objects
`61D. The objects of this part are-- 10
(a) to facilitate competitive markets in the petroleum industry for the 11
benefit of the public and industry; and 12
(b) to promote efficiency in the petroleum industry; and 13
(c) to provide for access to facilities on fair commercial terms. 14
2--Application of part 15
`Division
of part to pipelines 16
`Application
`61E.(1) This part applies to all licensed pipelines, and pipelines owned 17
by the corporation sole, unless a regulation declares this part, or a stated 18
provision of this part, does not apply to a stated pipeline. 19
`(2) However, if this part does not apply to a pipeline that would be a 20
facility if it was licensed, the pipeline is taken to be a facility to which this 21
part applies if-- 22
(a) a person voluntarily complies with this part; or 23
(b) a person is an applicant for a pipeline licence. 24
s 14 20 s 14
Petroleum Amendment
`(3) Also, this part does not apply to a licensed pipeline if it is part of a 1
petroleum gathering system under a unitisation arrangement and is outside 2
the land covered by the arrangement. 3
`(4) A regulation under subsection (1) may be made only if, in the 4
Minister's opinion-- 5
(a) it will not-- 6
(i) inhibit competition; or 7
(ii) have a significant adverse effect on transportation and 8
handling of petroleum; or 9
(b) another pipeline can be economically developed to provide a 10
service similar to the service the pipeline to be declared provides. 11
of part to associated facilities 12
`Application
`61F.(1) A regulation may declare an associated facility to be a facility to 13
which this part applies. 14
`(2) However, subsection (1) applies only if the Minister considers-- 15
(a) the declaration will promote competition; and 16
(b) the service the associated facility provides-- 17
(i) is essential for transporting and handling petroleum; and 18
(ii) can be provided safely and is economically feasible; and 19
(c) it would be uneconomical to develop an associated facility to 20
provide a service similar to a service provided by the facility 21
proposed to be declared. 22
`(3) Also, if this part does not apply to an associated facility that would 23
be a facility if a regulation declared this part to apply to it, and the owner of 24
the facility voluntarily complies with this part, the thing is taken to be an 25
associated facility to which this part applies and the owner is taken to be a 26
facility owner. 27
does not apply to some access agreements 28
`Part
`61G.(1) This part does not apply to an access agreement for a capacity 29
s 14 21 s 14
Petroleum Amendment
within, or less than, a range prescribed under a regulation. 1
`(2) Despite subsection (1), division 5 applies to an access agreement for 2
a capacity within a range prescribed under a regulation. 3
`(3) This part does not apply to an access agreement made-- 4
(a) before the commencement of this section for a pipeline in 5
existence immediately before the commencement--until 1 6
January 2002; or 7
(b) for a pipeline declared not to be a facility if the declaration is 8
repealed--for 5 years after the repeal; or 9
(c) for an associated facility declared to be a facility--for 5 years after 10
the declaration. 11
`(4) However, if an access agreement mentioned in subsection (3) is 12
amended, this part applies to the agreement, unless the Minister is satisfied 13
it does not affect access to the facility to which it relates, and the Minister 14
approves the amendment. 15
of part to joint venturers 16
`Application
`61H. If a facility owner or user consists of 2 or more corporations 17
participating in a joint venture, the following provisions apply-- 18
(a) anything that may be done under this Act by a facility owner or 19
user may be done by 1 of the corporations for the facility owner 20
or user; 21
(b) a reference to a related corporation of a facility owner or user is a 22
reference to a related corporation of any of the corporations; 23
(c) a requirement that the facility owner or user bear costs for 24
something is a requirement that the corporations bear the costs 25
jointly and severally; 26
(d) a provision of this Act that requires a facility owner or user to do 27
something or prohibits a facility owner or user doing something 28
also applies to a corporation participating in the joint venture. 29
s 14 22 s 14
Petroleum Amendment
3--Access principles 1
`Division
principles to be given to Minister 2
`Access
`61I.(1) This section applies if-- 3
(a) a person voluntarily complies with this part; or 4
(b) a person is an applicant for a pipeline licence. 5
`(2) If subsection (1)(a) applies, the person may give to the Minister the 6
proposed access principles for the facility. 7
`(3) If subsection (1)(b) applies, the person must give to the Minister the 8
proposed access principles for the facility. 9
Maximum penalty for subsection (3)--100 penalty units. 10
principles for existing pipelines 11
`Access
`61J.(1) This section applies to a pipeline in existence before the 12
commencement of this section, unless a regulation declares this part does 13
not apply to the pipeline.17 14
`(2) Also, if a regulation declaring this part does not apply to a pipeline is 15
repealed, this section applies to the pipeline after the regulation is repealed. 16
`(3) Within 3 months after this section first applies to a pipeline, or a 17
longer period approved by the Minister, the owner of the pipeline must give 18
to the Minister the proposed access principles for the pipeline. 19
Maximum penalty--100 penalty units. 20
`(4) If, within 6 months after this section first applies to a pipeline, or a 21
longer period approved by the Minister, the Minister does not approve 22
proposed access principles for the pipeline, the Minister must decide the 23
access principles for the pipeline. 24
principles for associated facilities 25
`Access
`61K.(1) This section applies to an associated facility only if a regulation 26
17 See section 61E (Application of Part to pipelines)
s 14 23 s 14
Petroleum Amendment
declares it applies to the facility.18 1
`(2) Within 3 months after this section first applies to an associated 2
facility, the owner of the facility must give to the Minister the proposed 3
access principles for the facility. 4
Maximum penalty--100 penalty units. 5
`(3) If, within 6 months after this section first applies to an associated 6
facility, the Minister does not approve proposed access principles for the 7
facility, the Minister must decide the access principles for the facility. 8
of access principles 9
`Approval
`61L.(1) The Minister may approve access principles for a facility. 10
`(2) Before approving the access principles, the Minister must consider 11
the following-- 12
(a) the objects of this part; 13
(b) the legitimate business interests of the facility owner and existing 14
and possible future facility users; 15
(c) fair and efficient market conduct with respect to tariff 16
arrangements and access conditions for the facility; 17
(d) the operational and technical requirements for the facility's safe 18
and reliable operation; 19
(e) amounts invested in constructing and operating the facility; 20
(f) the reliability of the service offered; 21
(g) the cost to the facility owner of providing access, but not costs 22
associated with losses from increased competition in upstream 23
and downstream markets; 24
(h) contractual obligations of the facility owner and facility users; 25
(i) efficiency and economy in the facility's construction, operation 26
and use; 27
(j) any additional investment in the facility by someone other than 28
18 See section 61F (Application of part to associated facilities)
s 14 24 s 14
Petroleum Amendment
the facility owner. 1
`(3) The Minister may approve an indicative tariff schedule only if-- 2
(a) it is consistent with the facility's tariff setting principles; and 3
(b) it gives a proposed facility user enough information to reasonably 4
enable the proposed user to understand the charging arrangements 5
for the facility. 6
`(4) The Minister may, by written notice, ask a facility owner to give to 7
the Minister, within a stated reasonable time, stated reasonable information 8
necessary to enable the Minister to properly consider the access principles. 9
`(5) The facility owner must comply with the request, unless the person 10
has a reasonable excuse for not complying. 11
Maximum penalty--300 penalty units. 12
`(6) It is a reasonable excuse for subsection (4) that giving the 13
information may tend to incriminate the person. 14
`(7) The Minister must notify the access principles by Gazette notice. 15
`(8) This section also applies if the Minister decides the access principles 16
for a facility. 17
of access principles 18
`Review
`61M.(1) This section applies to a facility if a review event happens. 19
`(2) Within 3 months after a review event for a facility happens, the 20
facility owner must review the access principles for the facility and give the 21
Minister the proposed new access principles. 22
Maximum penalty--100 penalty units. 23
`(3) The Minister may, by written notice, ask the facility owner to give to 24
the Minister, within a stated reasonable time, stated reasonable information 25
necessary to enable the Minister to properly consider the proposed new 26
access principles. 27
`(4) The facility owner must comply with the request, unless the person 28
has a reasonable excuse for not complying. 29
Maximum penalty--100 penalty units. 30
s 14 25 s 14
Petroleum Amendment
`(5) It is a reasonable excuse for subsection (4) that giving the 1
information may tend to incriminate the person. 2
`(6) The Minister may approve or refuse to approve the proposed new 3
access principles for the facility. 4
`(7) If, within 6 months after a review event happens for a facility, the 5
Minister does not approve new access principles, the Minister must decide 6
the access principles for the facility. 7
`(8) However, if the Minister decides the access principles for a facility 8
after a review because of an increase in the facility's nominal capacity, the 9
Minister must not include in the access principles a requirement that the 10
facility owner must pay all or part of the cost of increasing the capacity. 11
`(9) The Minister must notify the access principles by Gazette notice. 12
of approval of access principles 13
`Effect
`61N. Within 6 months after notice of the access principles for a facility 14
is gazetted, the parties to an access agreement that is inconsistent with the 15
access principles must amend the agreement to remove the inconsistency, 16
unless the Minister otherwise approves. 17
Maximum penalty--500 penalty units. 18
4--Negotiating access to facilities 19
`Division
to be provided on non-discriminatory basis 20
`Information
`61O. A facility owner or user for a facility must ensure information 21
given to someone else interested in negotiating access to the facility is given 22
on a non-discriminatory basis. 23
Maximum penalty--100 penalty units. 24
of information 25
`Provision
`61P. Within 21 days after receiving a request, an access provider for a 26
facility must give anyone who reasonably requires it-- 27
(a) a copy of the access principles for the facility; and 28
s 14 26 s 14
Petroleum Amendment
(b) information about current and anticipated future spare and 1
developable capacity of the access provider. 2
Maximum penalty--100 penalty units. 3
to negotiate 4
`Right
`61Q.(1) An access provider must negotiate with a proposed facility user 5
for making an access agreement for the spare or developable capacity of the 6
access provider. 7
`(2) The access provider and the proposed facility user must negotiate in 8
good faith for reaching a fair and reasonable access agreement on terms 9
consistent with the access principles for the facility. 10
`(3) This section also applies to an amendment of an access agreement to 11
remove an inconsistency with the access principles for a facility. 12
with persons holding options 13
`Negotiations
`61R.(1) If a proposed facility user wants access to a capacity entitlement 14
for which someone else has an option under an agreement made after the 15
commencement of this section-- 16
(a) the proposed facility user must negotiate with the access provider 17
who granted the option; and 18
(b) the access provider must give the option holder written notice of 19
intention to negotiate. 20
`(2) An option holder given notice under subsection (1) may take part in 21
negotiations between the access provider and the proposed facility user. 22
`(3) If the option holder agrees to the proposed facility user being given 23
access to all or part of the capacity to which the option relates, the access 24
provider who granted the option may make an access agreement with the 25
proposed facility user in accordance with the terms of the agreement with 26
the option holder. 27
`(4) However, an access dispute is taken to have arisen if-- 28
(a) the option holder refuses to negotiate; or 29
(b) if the option holder takes part in negotiations--the parties to the 30
s 14 27 s 14
Petroleum Amendment
negotiations cannot reach agreement about access to the capacity 1
to which the option relates. 2
in negotiation 3
`Priority
`61S.(1) An access provider for a facility must ensure, as far as is 4
practicable, negotiations with a proposed facility user, for an access 5
agreement for the facility, are not unreasonably affected by negotiations 6
with someone else started after the proposed facility user started 7
negotiations for the agreement. 8
Maximum penalty--100 penalty units. 9
`(2) Despite subsection (1), a facility user has priority for negotiations 10
with the facility user's access provider, for access to spare or developable 11
capacity when the facility user's existing access agreement ends-- 12
(a) to the extent the capacity sought is not more than the existing 13
capacity entitlement in the last year before the agreement ends; 14
and 15
(b) if a new access agreement is made at least 2 years before the 16
existing agreement ends. 17
agreements 18
`Access
`61T.(1) If an access provider and a proposed facility user agree in 19
writing to make an access agreement, the capacity proposed to be available 20
under the agreement stops being spare or developable capacity on the day 21
the access provider and proposed facility user agree in writing to make the 22
access agreement. 23
`(2) However, subsection (1) ceases to apply if an access agreement is 24
not made within 3 months after the day the capacity stops being spare or 25
developable capacity or a longer period, of not more than 6 months, 26
approved by the Minister. 27
user must give access provider information 28
`Facility
`61U.(1) A facility user for a facility must, as soon as is practicable, give 29
the user's access provider the information the access provider reasonably 30
s 14 28 s 14
Petroleum Amendment
requires for the safe and reliable operation of the facility. 1
`(2) If the person given information under subsection (1) is also a facility 2
user, the person must ensure the information is passed on to the person's 3
access provider as soon as is practicable. 4
Maximum penalty--100 penalty units. 5
in providing access 6
`Responsibilities
`61V.(1) An access provider for a facility must not refuse to give a 7
facility user access to the facility under the terms of the access agreement 8
between the access provider and the facility user. 9
Maximum penalty--500 penalty units. 10
`(2) If the access provider is also a facility user, the access provider must 11
ensure, as far as is reasonably practicable, the access provider's facility user 12
complies with the facility owner's requirements about the facility's use, 13
including the quality of petroleum the facility may be used to transport or 14
process. 15
Maximum penalty--500 penalty units. 16
`(3) This section does not prevent an access provider refusing or 17
restricting access in an emergency or for safety reasons. 18
on access agreements 19
`Restrictions
`61W.(1) A person must not make an access agreement for a facility that 20
prejudices access to a facility by a facility user who is not a party to the 21
agreement. 22
Maximum penalty--100 penalty units. 23
`(2) A person must not make an access agreement for a facility that-- 24
(a) provides for access in a way inconsistent with the access 25
principles for the facility; or 26
(b) contains a provision restricting, or tending to restrict, a facility 27
user from making access agreements, unless the Minister 28
otherwise approves; or 29
(c) provides for access that is not technically feasibly or is likely to 30
s 14 29 s 14
Petroleum Amendment
adversely affect the facility's safe and reliable operation; or 1
(d) gives access to a related corporation of the access provider and 2
gives the related corporation an unfair commercial advantage over 3
another facility user or proposed facility user. 4
Maximum penalty--500 penalty units. 5
`(3) A person must not make an access agreement for a facility that 6
contains a provision preventing a party to the agreement renegotiating it if 7
new access principles or changed licence conditions have a potentially 8
adverse impact on the party's rights under the agreement, unless the 9
Minister otherwise approves. 10
Maximum penalty for subsection--100 penalty units. 11
`(4) A provision of an access agreement in contravention of 12
subsection (1) or (3) is void. 13
`(5) Subsection (2)(a) does not apply to an inconsistency, because of the 14
approval of new access principles for a facility, until 6 months after the 15
gazettal of the approval. 16
to be kept 17
`Register
`61X.(1) A facility owner must keep a register of access agreements 18
made for the facility as required by subsection (3). 19
Maximum penalty--20 penalty units. 20
`(2) A facility user must keep a register of access agreements made by 21
the facility user as required by subsection (3). 22
Maximum penalty--20 penalty units. 23
`(3) The register-- 24
(a) must be kept at a place approved by the Minister; and 25
(b) must include each facility user's name and address and agreed 26
capacity entitlement. 27
`(4) An access provider must allow anyone who reasonably requires 28
information from the register to inspect it free of charge during the access 29
provider's ordinary hours of business. 30
Maximum penalty--20 penalty units. 31
s 14 30 s 14
Petroleum Amendment
of facility capacity 1
`Development
`61Y.(1) This section applies if a facility's nominal capacity is 2
insufficient to meet the needs of facility users and proposed facility users. 3
`(2) The facility owner must give the Minister a written request for 4
approval to increase the facility's nominal capacity. 5
`(3) If the Minister approves the request, a review event is taken to have 6
happened. 7
`(4) However, before approving new access principles, the Minister must 8
also consider the level to which the facility's capacity may be developed. 9
on facility owner 10
`Restrictions
`61Z.(1) A facility owner who owns a pipeline must not carry on a 11
business other than the business of-- 12
(a) designing, constructing, maintaining, operating or owning 13
pipelines; or 14
(b) providing consultancy and support services for someone who 15
designs, constructs, maintains, operates or owns a pipeline; or 16
(c) investing in, or having an interest in, a corporation that carries on 17
a business mentioned in paragraph (a) or (b). 18
Maximum penalty--100 penalty units. 19
`(2) A facility owner who owns an associated facility must not carry on a 20
business other than the business of-- 21
(a) designing, constructing, maintaining, operating or owning similar 22
associated facilities; or 23
(b) providing consultancy and support services for someone who 24
designs, constructs, maintains, operates or owns similar 25
associated facilities; or 26
(c) investing in, or having an interest in, a corporation that carries on 27
a business mentioned in paragraph (a) or (b). 28
Maximum penalty--100 penalty units. 29
`(3) A facility owner must not trade in petroleum (other than to the extent 30
necessary for the proper operation of the facility). 31
s 14 31 s 14
Petroleum Amendment
Maximum penalty--100 penalty units. 1
`(4) A facility owner must-- 2
(a) ensure separate financial records are kept for each facility; and 3
(b) except to the extent necessary to comply with any other Act or 4
law--ensure confidential information in its records about the 5
facility's business (other than shared technical information) is not 6
made available to a related corporation; and 7
(c) keep the records in a way enabling information about the 8
operation of the facility to be easily extracted; and 9
(d) ensure the facility's business and management is kept separate 10
from that of a related corporation. 11
Maximum penalty--100 penalty units. 12
`(5) A regulation may declare that this section does not apply to a stated 13
facility owner or a stated type of business or both. 14
of access agreements 15
`Assignment
`61ZA.(1) A facility user may assign all or part of the facility user's 16
interest in an access agreement, unless a regulation declares it may only be 17
assigned with the Minister's approval. 18
`(2) However, the facility user's obligations under the access agreement 19
continue, unless the assignee and the other parties to the agreement 20
otherwise agree. 21
`Division 5--Arbitration 22
of division 23
`Application
`61ZB. This division applies if there is an access dispute about a facility. 24
is an access dispute? 25
`What
`61ZC.(1) An "access dispute" exists for a facility if-- 26
(a) an access provider and a proposed facility user cannot agree about 27
s 14 32 s 14
Petroleum Amendment
the conditions for access to the facility; or 1
(b) an access provider and a proposed facility user cannot agree about 2
spare capacity for the facility; or 3
(c) an access provider and a facility user cannot agree about 4
something when renegotiating an access agreement for the facility 5
because of new access principles or licence conditions; or 6
(d) a person who wants to make an access agreement for the facility 7
for which, because of a regulation, this division applies, questions 8
the tariff an access provider proposes to charge for transporting 9
the person's petroleum19; or 10
(e) an access provider refuses to negotiate or deal with a proposed 11
facility user about something mentioned in paragraph (a), (b) or 12
(c). 13
`(2) However, an access dispute does not exist merely because a 14
proposed facility user does not accept the access principles or an access 15
agreement consistent with the access principles for a facility. 16
arbitrators 17
`Approved
`61ZD.(1) The Minister may, by Gazette notice, appoint a panel of 18
persons as approved arbitrators for this Act.20 19
`(2) The appointment may be for all access disputes or only stated access 20
disputes. 21
may arbitrator be appointed? 22
`When
`61ZE.(1) If, within 1 month after a person gives an access provider 23
written notice of an access dispute, the parties to the dispute still cannot 24
resolve the dispute, any party may, in writing, require the other party to join 25
in appointing an arbitrator. 26
19 These are access agreements to which this part does not generally apply because
they are for a limited capacity.
20 General rules about arbitrators and arbitration are in the Commercial Arbitration
Act 1990.
s 14 33 s 14
Petroleum Amendment
`(2) The appointment must be made within 21 days after a requirement 1
under subsection (1) is given. 2
`(3) If the Minister has appointed an approved arbitrator or arbitrators, 3
the arbitrator must be an approved arbitrator. 4
of arbitration 5
`Principles
`61ZF.(1) An arbitrator must take the following into account when 6
arbitrating an access dispute for a facility-- 7
(a) the objects of this part; 8
(b) the access principles for the facility; 9
(c) the entitlements, obligations, capacity needs and legitimate 10
business interests of the access provider involved in the dispute; 11
(d) the capacity needs and legitimate business interests of a proposed 12
facility user involved in the dispute; 13
(e) any special access criteria approved under a regulation that apply 14
to the facility; 15
(f) fair and efficient market conduct with respect to tariff 16
arrangements and access conditions for the facility; 17
(g) the operational and technical requirements necessary for the 18
facility's safe and reliable operation; 19
(h) the licence conditions (if any) for the facility. 20
`(2) Also, the arbitrator must take the following into account to the extent 21
they are relevant and consistent with subsection (1)-- 22
(a) amounts invested in constructing and operating the facility; 23
(b) the cost to the access provider involved in the dispute, but not the 24
costs of the access provider associated with losses from increased 25
competition in upstream and downstream markets; 26
(c) the legitimate business interests of-- 27
(i) facility users; and 28
(ii) the holder of an option under an agreement; and 29
(iii) persons with whom there is an agreement to make an access 30
s 14 34 s 14
Petroleum Amendment
agreement for the facility; and 1
(iv) persons in whose favour an award has been made that has 2
not yet been, but is to be, given effect;21 3
(d) contractual obligations of the facility owner and facility users; 4
(e) efficiency and economy in the facility's construction, operation 5
and use; 6
(f) the economic value to the facility owner of additional investment 7
the proposed facility user is willing to make, but not costs 8
associated with losses from increased competition in upstream 9
and downstream markets. 10
`(3) The arbitrator may take into account anything else the arbitrator 11
considers appropriate and reasonably consistent with subsection (1) or (2). 12
to facility owner 13
`Notice
`61ZG.(1) This section applies only if an access dispute exists for a 14
facility and the facility owner is not a party to the dispute. 15
`(2) If the arbitrator considers the interests of the facility owner may be 16
adversely affected by an access dispute, the arbitrator must give the facility 17
owner written notice of the dispute. 18
`(3) The notice must state that the facility owner may take part in the 19
arbitration as if the facility owner were a party to the dispute. 20
of relevant information to arbitrator 21
`Giving
`61ZH.(1) An arbitrator may, by written notice, direct a party to an 22
access dispute to give to the arbitrator, within a stated reasonable time, a 23
copy of all documents (including confidential documents) the arbitrator 24
considers relevant to the dispute. 25
`(2) The party must comply with the direction, unless the party has a 26
reasonable excuse for not complying. 27
Maximum penalty--100 penalty units. 28
21 See section 61ZL (Giving effect to arbitrator's award).
s 14 35 s 14
Petroleum Amendment
`(3) It is a reasonable excuse for subsection (2) that production of a stated 1
document may tend to incriminate the person. 2
may require confidentiality to be observed 3
`Arbitrator
`61ZI.(1) A person who gives the arbitrator information, or produces a 4
document, may ask the arbitrator to keep the information or the contents of 5
the document confidential. 6
`(2) After considering representations from the parties, the arbitrator may 7
impose conditions limiting access to, or disclosure of, the information or 8
document. 9
`(3) A person must not-- 10
(a) contravene a condition imposed under subsection (2); or 11
(b) use the information other than in the arbitration. 12
Maximum penalty for subsection (3)--100 penalty units. 13
arbitration 14
`Ending
`61ZJ.(1) An arbitrator may end an arbitration of an access dispute 15
without making an award if-- 16
(a) the arbitrator reasonably believes-- 17
(i) it is not a genuine dispute; or 18
(ii) it has previously been decided by arbitration and there has 19
been no material change in the circumstances since then; or 20
(b) the parties to the dispute agree to its ending by written notice 21
given to the arbitrator. 22
`(2) In addition, the arbitrator must return documents produced in an 23
arbitration to the party who produced them after the arbitration ends. 24
`(3) However, subsection (2) does not prevent an arbitrator keeping the 25
documents until after the time for appealing against the arbitrator's decision 26
or any appeal is decided. 27
s 14 36 s 14
Petroleum Amendment
power when making an award 1
`Arbitrator's
`61ZK.(1) An arbitrator may make the award the arbitrator considers 2
appropriate for an access dispute for a facility. 3
`(2) The arbitrator may, in an award, deal with any issue about access 4
relevant to the dispute. 5
`(3) Without limiting subsection (1), the arbitrator may-- 6
(a) require a facility owner or facility user to give a proposed facility 7
user access to the facility; or 8
(b) state the conditions of access for a proposed facility user; or 9
(c) if the award overrides an earlier award--give directions about the 10
relationship between the awards; or 11
(d) make an award that affects an option for access to a capacity 12
entitlement. 13
`(4) However, an arbitrator must not make an award that-- 14
(a) is inconsistent with the access principles or licence conditions for 15
the facility; or 16
(b) reduces, or may reduce, a facility user's capacity entitlement 17
(other than under an option for access); or 18
(c) restricts, or may restrict, a facility user's access in a way that 19
prevents the facility user meeting the user's reasonably anticipated 20
capacity requirements known when the access dispute arose; or 21
(d) prevents, or may prevent, a facility user exercising the user's right 22
to negotiate for increased capacity under an access agreement 23
(other than under an option for access); or 24
(e) makes, or may make, a facility user an owner of any part of the 25
facility without the facility owner's consent. 26
`(5) Also, an arbitrator may only make an award that adversely affects a 27
person's existing access to a facility or an option under an agreement-- 28
(a) if the arbitrator has considered the likely effect of the award; and 29
(b) if it is reasonably appropriate--if the arbitrator orders a stated 30
person to pay a stated amount of compensation to a stated 31
adversely effected person within a stated time. 32
s 14 37 s 14
Petroleum Amendment
`(6) An award made in contravention of subsection (4) or (5) is of no 1
effect. 2
`(7) A regulation may prescribe things an arbitrator must or must not 3
have regard to when making an award affecting an option for access. 4
effect to arbitrator's award 5
`Giving
`61ZL.(1) This section applies if an arbitrator makes an award for an 6
access dispute. 7
`(2) After an award is made, the award stops being enforceable if a 8
proposed facility user does not give an access provider a written notice 9
accepting the award within 28 days after the award is made, or a longer 10
period (of not more than 3 months) agreed between the parties. 11
`(3) Unless an award stops being enforceable, the parties to the award 12
must make an access agreement giving effect to the award within 3 months 13
after the award is made, or, with the Minister's approval, a longer period (of 14
not more than 6 months). 15
Maximum penalty--100 penalty units. 16
`(4) In a proceeding against a person for an offence against this section, it 17
is a defence for the person to prove that the contravention happened even 18
though the person used reasonable endeavours to avoid the contravention. 19
of arbitration 20
`Costs
`61ZM.(1) The parties to an arbitration must pay their own costs. 21
`(2) Subsection (1) has effect despite the Commercial Arbitration Act 22
1990, section 34. 23
6--Provisions aiding enforcement of part 24
`Division
for acts or omissions of representatives 25
`Responsibility
`61ZN.(1) This section applies in a proceeding for an offence against this 26
part. 27
`(2) If it is relevant to prove a person's state of mind about a particular 28
s 14 38 s 14
Petroleum Amendment
act or omission, it is sufficient to show-- 1
(a) the act was done or omitted to be done by a representative of the 2
person within the scope of the representative's actual or apparent 3
authority; and 4
(b) the representative had the state of mind. 5
`(3) An act done or omitted to be done for a person by a representative of 6
the person within the scope of the representative's actual or apparent 7
authority is taken to have been done or omitted to be done also by the 8
person, unless the person proves the person could not, by the exercise of 9
reasonable diligence, have prevented the Act or omission. 10
7--General 11
`Division
to be given information 12
`Minister
`61ZO.(1) Within 3 months after the end of each financial year, the 13
facility owner for a facility must give to the Minister the prescribed required 14
information about the facility for the financial year. 15
Maximum penalty--100 penalty units. 16
`(2) Also, the Minister may, by written notice, ask a facility owner to 17
give to the Minister, within 3 months after a stated date, the prescribed 18
required information for each financial year of a stated period. 19
`(3) The facility owner must comply with the request, unless the person 20
has a reasonable excuse for not complying. 21
Maximum penalty--100 penalty units. 22
`(4) It is a reasonable excuse for subsection (3) that giving the 23
information may tend to incriminate the person. 24
`(5) If a facility owner makes or amends an access agreement, the facility 25
owner must give the Minister a copy of the agreement or amendment 26
within 28 days after it is made or amended. 27
Maximum penalty--100 penalty units. 28
`(6) If an access provider who is a facility user makes an access 29
agreement with another facility user, or amends the agreement, the access 30
s 15 39 s 16
Petroleum Amendment
provider must give the Minister a copy of the agreement or amendment 1
within 28 days after it is made or amended. 2
Maximum penalty--100 penalty units. 3
`(7) Within 28 days after a regulation declares a facility to be a facility to 4
which this part applies, the facility's owner must give the Minister a copy of 5
each access agreement in effect immediately before the day of the 6
declaration. 7
Maximum penalty--100 penalty units. 8
`(8) In this section-- 9
"financial year", for a facility, means the facility owner's financial year. 10
"required information", for a facility owner for a facility, means the 11
following information-- 12
(a) a statement of the facility's capital spending, operating costs and 13
revenue, audited by a person acceptable to the Minister; 14
(b) details of financial arrangements between the facility owner and 15
related corporations of the facility owner; 16
(c) other stated reasonable information relevant to the administration 17
of this part.'. 18
of s 62B (Interference with pipeline etc.) 19
Amendment
Clause 15. Section 62B, at the end-- 20
insert-- 21
`Maximum penalty--200 penalty units.'. 22
of s 62C (Interference with access) 23
Amendment
Clause 16. Section 62C, at the end-- 24
insert-- 25
`Maximum penalty--200 penalty units.'. 26
s 17 40 s 18
Petroleum Amendment
of s 67 (Existing statutory rules) 1
Omission
Clause 17. Section 67-- 2
omit. 3
of new ss 6871 4
Insertion
Clause 18. After section 67-- 5
insert-- 6
of Acts Interpretation Act, s 20A 7
`Application
`68.(1) Section 67 is a law to which the Acts Interpretation Act 1954, 8
section 20A applies. 9
`(2) This section expires on the day this section commences. 10
provisions about Pipelines Tribunal 11
`Transitional
`69.(1) In this section-- 12
"repealed provisions" means sections 4B to 4G as in force immediately 13
before 1 July 1995. 14
`(2) The Pipelines Tribunal as constituted immediately before 1 July 15
1995 may continue and complete an inquiry under the repealed provisions 16
that is started but not completed before 1 July 1995, as if the Petroleum 17
Amendment Act 1995, section 7 had not been enacted. 18
`(3) This section is a law to which the Acts Interpretation Act 1954, 19
section 20A applies. 20
`(4) This section expires on 1 July 1995. 21
provisions about adjustment of pipelines charges 22
`Transitional
`70.(1) Despite its repeal by the Petroleum Amendment Act 1995, section 23
4H continues to apply for making adjustments to pipeline charges for the 24
year starting 1 August 1993 and ending 31 July 1994. 25
`(2) This section expires on the day it commences. 26
s 18 41 s 18
Petroleum Amendment
and renumbering of Act 1
`Numbering
`71. In the next reprint of the Act produced under the Reprints Act 1992, 2
section 43 (Numbering and renumbering of provisions) of the Reprints Act 3
1992 must be used.'. 4
5
42
Petroleum Amendment
CHEDULE 1
¡S
INOR AMENDMENTS 2
M
section 3 of the Act 3
1. Section 1-- 4
omit, insert-- 5
`Short title 6
`1. This Act may be cited as the Petroleum Act 1923.'. 7
2. Section 4A(4)-- 8
omit. 9
3. Heading before section 5-- 10
omit. 11
4. Section 6, `Crown grants'-- 12
omit, insert-- 13
`grants'. 14
5. Sections 6, 7C(1)(a), 45A(2), 45C(1) and 52(2), `Crown land'-- 15
omit, insert-- 16
`unallocated State land'. 17
6. Heading before section 14-- 18
omit. 19
43
Petroleum Amendment
SCHEDULE (continued)
7. Section 14(3) and (5), heading-- 1
omit. 2
8. Heading before section 17-- 3
omit. 4
9. Section 18(3), `Director-General, Department of Mines, Brisbane'-- 5
omit, insert-- 6
`chief executive'. 7
10. Section 23(2)-- 8
omit. 9
11. Section 24(4), heading-- 10
omit. 11
12. Section 32(1A)-- 12
omit. 13
13. Section 34(1B), `under section 41A'-- 14
omit. 15
14. Section 37(1)(c), heading-- 16
omit. 17
44
Petroleum Amendment
SCHEDULE (continued)
15. Section 37(2), `vacant Crown land'-- 1
omit, insert-- 2
`unallocated State land'. 3
16. Sections 39(1), 42(1) and (2) and 64, `Mining Act'-- 4
omit, insert-- 5
`Mineral Resources Act 1989'. 6
17. Before section 40-- 7
insert-- 8
`Division 1--Signing applications'. 9
18. Before section 40A-- 10
insert-- 11
`Division 2--Royalties'. 12
19. Section 40E(1), `Director-General, Department of Mines'-- 13
omit. 14
20. Section 40E(2), (3), (4) and (6), `Director-General'-- 15
omit, insert-- 16
`chief executive'. 17
21. Before section 41-- 18
insert-- 19
`Division 3--Assignments and other dealings with permits and leases'. 20
45
Petroleum Amendment
SCHEDULE (continued)
22. Section 42(4), `under section 41A'-- 1
omit. 2
23. Sections 45A(1) and 45B(3), `Crown lands'-- 3
omit, insert-- 4
`unallocated State land'. 5
24. Section 45B(4), `pursuant to section 45(3J) or (3L)'-- 6
omit, insert-- 7
`under this part'. 8
25. Section 45B(6), `or section 45(2E)'-- 9
omit, insert-- 10
`or 45AB'. 11
26. Section 45C(1), from `but, unless the land' to `connected 12
therewith'-- 13
omit, insert-- 14
`(1A) However, if the licensee damages any improvements on land 15
(other than land, or an easement or right of way over land, acquired for use 16
for the pipeline) the licensee must pay compensation under this Act to-- 17
(a) the owner; or 18
(b) for land held under a lease, licence or permit under the Land Act 19
1994 or another Act--the occupier; or 20
(c) for unallocated State land--the State.'. 21
46
Petroleum Amendment
SCHEDULE (continued)
27. Section 45D(2A)(a)-- 1
omit, insert-- 2
`(a) for a State-controlled road under the Transport Infrastructure Act 3
1994--the chief executive (of the department in which that Act is 4
administered); or'. 5
28. Section 45D(9)-- 6
omit, insert-- 7
`(9) In subsections (4) to (6), "lake", "spring" and "watercourse" has 8
the same meaning as in the Water Resources Act 1989.'. 9
29. Section 45E(3), `of Public Works'-- 10
omit. 11
30. Section 60(2), heading-- 12
omit. 13
31. Section 60(3)-- 14
omit. 15
32. Section 63(6)-- 16
omit, insert-- 17
`(6) This section is in addition to the Corporations Law.'. 18
19
© State of Queensland 1995
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