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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
PETROLEUM AMENDMENT
BILL (No. 2) 1996
Queensland
PETROLEUM AMENDMENT BILL (No. 2)
1996
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Amendment of s 2 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Amendment of s 69 (Pipeline licences) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
5 Insertion of new s 70A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
70A Decisions relating to the grant of pipeline licences after a
competitive selection process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
6 Insertion of new ss 151 and 152 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
151 Declaration about certain facilities . . . . . . . . . . . . . . . . . . . . . . . . . . 6
152 Declaration about the Ballera to Mount Isa pipeline . . . . . . . . . . . . 7
1996
A BILL
FOR
An Act to amend the Petroleum Act 1923
s1 4 s4
Petroleum Amendment (No. 2)
The Parliament of Queensland enacts-- 1
title 2
Short
Clause 1. This Act may be cited as the Petroleum Amendment Act (No. 2) 1996. 3
amended 4
Act
Clause 2. This Act amends the Petroleum Act 1923. 5
of s 2 (Interpretation) 6
Amendment
Clause 3. Section 2, definition "facility", paragraph (c)-- 7
omit, insert-- 8
`(c) a proposed pipeline for which-- 9
(i) an application for a pipeline licence has been made; or 10
(ii) access principles have been approved; or'. 11
of s 69 (Pipeline licences) 12
Amendment
Clause 4.(1) Section 69(1), after `operate'-- 13
insert-- 14
`, or operate,'. 15
(2) Section 69(2)-- 16
omit, insert-- 17
`(2) The Minister may grant the licence only if-- 18
(a) the Minister approves access principles for the pipeline-- 19
(i) under part 8; or 20
(ii) in terms of an agreement mentioned in section 70A; or 21
(b) a regulation declares paragraph (a) does not apply to the 22
pipeline.'. 23
s5 5 s5
Petroleum Amendment (No. 2)
of new s 70A 1
Insertion
Clause 5. After section 70-- 2
insert-- 3
relating to the grant of pipeline licences after a competitive 4
`Decisions
selection process 5
`70A.(1) This section applies to a proposed pipeline, other than a pipeline 6
that is proposed to be part of a petroleum gathering system under a 7
unitisation arrangement, prescribed under a regulation. 8
`(2) If, for the prescribed pipeline, the Minister is satisfied a competitive 9
selection process has been completed for the grant of a pipeline licence, the 10
Minister may agree with an applicant for the licence about-- 11
(a) the access principles to be approved for the pipeline; or 12
(b) the conditions to be stated in the licence; or 13
(c) other matters under the Act relating to the pipeline. 14
`(3) If the Minister does agree-- 15
(a) the Minister may-- 16
(i) approve access principles in terms of the agreement; or 17
(ii) grant to the applicant a licence on conditions in terms of the 18
agreement; or 19
(iii) make another decision for the pipeline under this Act in 20
terms of the agreement; and 21
(b) the Governor in Council may-- 22
(i) approve the grant of the licence by the Minister in terms of 23
the agreement; or 24
(ii) make another decision for the pipeline under this Act in 25
terms of the agreement. 26
`(4) Subsection (3) applies despite any other provision of this Act. 27
`(5) Subsection (4) does not authorise an act or omission that would 28
otherwise be an offence against this Act other than to the extent that the 29
agreement may provide in relation to a requirement under this Act that 30
anything be provided to, or obtained from, the Minister.'. 31
s6 6 s6
Petroleum Amendment (No. 2)
of new ss 151 and 152 1
Insertion
Clause 6. After section 150-- 2
insert-- 3
about certain facilities 4
`Declaration
`151.(1) This section applies to a facility mentioned in the documents 5
entitled pipeline licence no. 24 or pipeline licence no. 30 (the "facility" and 6
the "licence"). 7
`(2) The decisions mentioned in subsection (3) made before the 8
commencement of this section are valid, final and conclusive, cannot be 9
challenged, and are not subject to a writ or order of any court, tribunal, 10
authority or person on any ground. 11
`(3) The decisions are-- 12
(a) the Minister's decision to approve, or decide, the access principles 13
for the facility; or 14
(b) the Governor in Council's decision to approve the grant of the 15
licence; or 16
(c) the Minister's decision to grant the licence; or 17
(d) another decision for the purposes of the agreement. 18
`(4) Subsection (2) applies whether a decision was made in terms of the 19
agreement or under this Act or otherwise. 20
`(5) For a decision mentioned in subsection (3)(d) made after the 21
commencement of this section, the agreement is taken to have been made 22
under section 70A. 23
`(6) For subsection (5), the Minister is declared to have been satisfied a 24
competitive selection process has been completed for the grant of the licence 25
for the pipeline. 26
`(7) This section expires 5 years after it commences. 27
`(8) The Acts Interpretation Act 1954, section 20A applies to this section. 28
`(9) In this section-- 29
"agreement" means the agreement or agreements, made before the 30
commencement of this section, between any Minister who is or was 31
administering this Act and anyone else in relation to the facility. 32
s6 7 s6
Petroleum Amendment (No. 2)
"challenged" includes appealed against, reviewed, quashed, set aside, or 1
called into question in any other way by any court, tribunal, authority 2
or person. 3
about the Ballera to Mount Isa pipeline 4
`Declaration
`152.(1) Section 70A applies to the pipeline proposed to be constructed 5
between the Ballera Gas Centre in South West Queensland and a point in 6
the vicinity of Mount Isa. 7
`(2) Any agreement made, before or after the commencement of this 8
section, between the Minister and anyone else about matters under the Act 9
relating to the pipeline is taken to be an agreement under section 70A(2). 10
`(3) For subsection (2), the Minister is declared to have been satisfied a 11
competitive selection process has been completed for the grant of the licence 12
for the pipeline. 13
`(4) This section expires 5 years after it commences. 14
`(5) The Acts Interpretation Act 1954, section 20A applies to this 15
section.'. 16
17
© State of Queensland 1996
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