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Queensland
Petroleum and Other
Legislation Amendment
Bill (No. 2) 2004
Queensland
Petroleum and Other Legislation
Amendment Bill (No. 2) 2004
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Part 2 Amendment of Mineral Resources Act 1989
3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
4 Amendment of s 318CN (Use that may be made under mining
lease of incidental coal seam gas) . . . . . . . . . . . . . . . . . . . . . . . . 10
5 Amendment of s 318EB (Obligation to lodge proposed later
development plan) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
6 Amendment of s 739 (Definitions for div 6) . . . . . . . . . . . . . . . . . 11
7 Amendment of s 741 (Unfinished special coal mining lease
applications) ................................... 11
8 Amendment of s 747 (Continuation of particular rights relating
to coal seam gas under mineral hydrocarbon mining leases) . . . 12
Part 3 Amendment of Petroleum Act 1923
9 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
10 Amendment of s 2 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 12
11 Amendment of s 25M (Requirements for making application) . . . 14
12 Amendment of s 25U (Expiry of pt 4 and ending of authorities to
prospect) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
13 Amendment of s 45 (Entitlement to renewal of lease) . . . . . . . . . 15
14 Amendment of s 74J (Penalty relinquishment if work program
not completed within extended period). . . . . . . . . . . . . . . . . . . . . 15
2
Petroleum and Other Legislation Amendment
Bill (No. 2) 2004
15 Amendment of s 75A (Obligation to decommission pipelines) . . . 15
16 Insertion of new pt 6CA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Division 1 Preliminary
75IA Simplified outline of pt 6CA . . . . . . . . . . . . . . . . . . . . 16
75IB What is an existing Water Act bore . . . . . . . . . . . . . . 17
75IC When an existing Water Act bore is unduly affected . 17
75ID When an existing Water Act bore has an impaired
capacity .............................. 18
75IE What are restoration measures . . . . . . . . . . . . . . . . . 19
75IF References to 1923 Act petroleum tenure holder in
pt 6CA ................................ 19
Division 2 Obligation to make good for existing Water Act
bores
75IG The make good obligation . . . . . . . . . . . . . . . . . . . . . 20
75IH Provisions for application of make good obligation. . . 21
Division 3 Underground water impact reports
Subdivision 1 Fixing of trigger threshold for aquifers
75II Operation of sdiv 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
75IJ Request for trigger threshold and action on request . 21
75IK Provisions for fixing trigger threshold . . . . . . . . . . . . . 22
75IL Fixed trigger threshold applies for all taking of water
necessarily taken as part of petroleum production. . . 23
Subdivision 2 Lodging report
75IM Lodging report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
75IN Requirements for report . . . . . . . . . . . . . . . . . . . . . . . 24
75IO Exemption from underground water flow model . . . . . 25
Subdivision 3 Consideration of underground water impact
report
75IP Power to require amendment of report. . . . . . . . . . . . 26
75IQ Decision on report . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Division 4 Pre-closure report
75IR Obligation to lodge pre-closure report . . . . . . . . . . . . 27
75IS Requirements for report . . . . . . . . . . . . . . . . . . . . . . . 29
75IT Power to require amendment of report. . . . . . . . . . . . 29
75IU Effect of lodgment of report . . . . . . . . . . . . . . . . . . . . 29
Division 5 Monitoring and review reports
75IV Operation of div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
75IW Obligation to lodge monitoring reports . . . . . . . . . . . . 30
3
Petroleum and Other Legislation Amendment
Bill (No. 2) 2004
75IX Obligation to lodge review reports . . . . . . . . . . . . . . . 31
75IY Effect of lodgment of review report. . . . . . . . . . . . . . . 32
75IZ Chief executive's power to change frequency of
reports ........................... 32
75IZA Chief executive's power to change reporting days . . . 33
75IZB Power to require amendment of review report . . . . . . 33
Division 6 Complying with make good obligation
Subdivision 1 Obligation to negotiate
75IZC 1923 Act petroleum tenure holder's obligation to
negotiate ............................ 34
Subdivision 2 Tribunal decision on how the obligation must
be complied with
75IZD Application of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . 34
75IZE Applying to tribunal. . . . . . . . . . . . . . . . . . . . . . . . . . . 34
75IZF Provisions for making decision . . . . . . . . . . . . . . . . . . 35
75IZG Provisions for deciding compensation . . . . . . . . . . . . 36
Subdivision 3 Miscellaneous provisions
75IZH Make good agreement or tribunal's decision binds
successors and assigns . . . . . . . . . . . . . . . . . . . . . . 37
75IZI Reviews by tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . 37
75IZJ Right of entry after 1923 Act petroleum tenure ends
to comply with make good obligation ....... 38
75IZK Advice from Water Act regulator. . . . . . . . . . . . . . . . . 38
17 Amendment of s 75J (Requirements for drilling well) . . . . . . . . . . 38
18 Amendment of s 75L (Restrictions on making conversion) . . . . . 39
19 Amendment of s 75Q (Transfer of water observation bore or
water supply bore to landowner) . . . . . . . . . . . . . . . . . . . . . . . . . 39
20 Amendment of s 75R (Transfer of well to holder of geothermal
exploration permit or mining tenement) . . . . . . . . . . . . . . . . . . . . 39
21 Replacement of s 75S (Transfer of water observation bore to
1923 Act petroleum tenure holder) . . . . . . . . . . . . . . . . . . . . . . . . 39
75S Transfer of water observation bore to petroleum
tenure holders or water monitoring authority holder. . 39
22 Amendment of s 75U (Obligation to decommission) . . . . . . . . . . 40
23 Insertion of new pt 6D, div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Division 5 Water monitoring authorities
Subdivision 1 Obtaining water monitoring authority
75WA Who may apply for water monitoring authority . . . . . . 41
75WB Requirements for making application . . . . . . . . . . . . . 41
4
Petroleum and Other Legislation Amendment
Bill (No. 2) 2004
75WC Deciding application for water monitoring authority . . 41
Subdivision 2 Key authorised activities
75WD Operation of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
75WE Water monitoring activities . . . . . . . . . . . . . . . . . . . . . 43
75WF Limited right to take or interfere with underground
water ............................... 43
75WG Authorisation for Water Act. . . . . . . . . . . . . . . . . . . . . 43
75WH Water Act not otherwise affected . . . . . . . . . . . . . . . . 43
75WI Restriction on carrying out authorised activities. . . . . 44
75WJ No right to petroleum discovered . . . . . . . . . . . . . . . . 44
Subdivision 3 Miscellaneous provisions
75WK Term of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
75WL Provision for who is the authority holder if only 1
related petroleum tenure . . . . . . . . . . . . . . . . . . . . . . 44
75WM Additional condition of relevant petroleum tenure . . . 44
75WN Amending water monitoring authority by application . 45
24 Amendment of s 76R (Restriction) . . . . . . . . . . . . . . . . . . . . . . . . 46
25 Amendment of s 76W (Applicant's obligations) . . . . . . . . . . . . . . 46
26 Amendment of s 76X (Minister may require further negotiation) . 46
27 Amendment of s 77 (Submissions by coal or oil shale
exploration tenement holder) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
28 Omission of pt 6F, div 3, sdivs 2 and 3 . . . . . . . . . . . . . . . . . . . . . 47
29 Amendment of s 77O (Requirement for giving of copy of
relinquishment report) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
30 Amendment of s 77X (Deciding amendment application) . . . . . . 47
31 Replacement of pt 6F, div 6 (Proposed later development plans) 47
Division 6 Additional provisions for development plans
Subdivision 1 Additional requirements for proposed later
development plans
77ZA Operation of sdiv 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
77ZB Statement about interests of coal or oil shale
exploration tenement holder ................ 48
77ZC Requirement to optimise petroleum production . . . . . 48
77ZD Consistency with coal or oil shale mining lease,
development plan and relevant coordination
arrangement ......................... 48
Subdivision 2 Other additional provisions for proposed later
development plans
77ZE Application of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . 49
5
Petroleum and Other Legislation Amendment
Bill (No. 2) 2004
78 Additional criteria for approval . . . . . . . . . . . . . . . . . . 49
32 Amendment of s 78B (Confidentiality obligations) . . . . . . . . . . . . 49
33 Amendment of s 78F (Minister's power to require additional
security) ...................................... 50
34 Amendment of s 78M (Requirement for entry notice to carry out
authorised activities). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
35 Amendment of s 79P (General liability to compensate) . . . . . . . . 50
36 Amendment of s 80A (Petroleum register) . . . . . . . . . . . . . . . . . . 50
37 Amendment of s 80J (Deciding application) . . . . . . . . . . . . . . . . . 51
38 Amendment of s 80K (Criteria for decision) . . . . . . . . . . . . . . . . . 51
39 Amendment of s 80T (Types of noncompliance action that may
be taken) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
40 Amendment of s 103 (Recovery of unpaid amounts) . . . . . . . . . . 51
41 Amendment of s 151 (Unfinished authority to prospect
applications for which a Commonwealth Native Title Act, s 29
notice has been given) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
42 Insertion of new pt 10, sdiv 9A . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
Subdivision 9A Provisions for existing Water Act bores
165A Exemption from, or deferral of, reporting provisions
for existing 1923 Act petroleum tenure holders . . . . . 52
165B Make good obligation only applies for existing Water
Act bores on or from the 2004 Act start day. . . . . . . . 53
43 Amendment of s 181 (Confidentiality obligations) . . . . . . . . . . . . 53
44 Insertion of new pt 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
Part 11 Transitional provisions for Petroleum and
Other Legislation Amendment Bill (No. 2) 2004
183 S 86 water bores . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
184 Decommissioning wells and bores . . . . . . . . . . . . . . . 54
45 Amendment of schedule. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
Part 4 Amendment of Petroleum and Gas (Production and Safety)
Act 2004
46 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
47 Amendment of s 11 (Meaning of LPG and fuel gas) . . . . . . . . . . 55
48 Amendment of s 78A (Penalty relinquishment if work program
not completed within extended period). . . . . . . . . . . . . . . . . . . . . 55
49 Amendment of s 89 (Compliance with Act etc.) . . . . . . . . . . . . . . 56
50 Amendment of s 117 (Who may apply) . . . . . . . . . . . . . . . . . . . . 56
51 Amendment of s 121 (Requirements for grant) . . . . . . . . . . . . . . 56
52 Amendment of s 227 (Storage rent payable by current owner) . . 56
6
Petroleum and Other Legislation Amendment
Bill (No. 2) 2004
53 Amendment of s 234 (Arrangement to coordinate petroleum
activities) ..................................... 57
54 Amendment of s 236 (Ministerial approval of proposed
coordination arrangement) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
55 Amendment of s 246 (When an existing Water Act bore is
unduly affected) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
56 Amendment of s 250 (The make good obligation) . . . . . . . . . . . . 59
57 Amendment of s 251 (Provisions for application of make good
obligation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
58 Amendment of s 255 (Fixed trigger threshold applies for all
underground water rights) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
59 Amendment of s 257 (Requirements for report). . . . . . . . . . . . . . 60
60 Amendment of s 261 (Obligation to lodge pre-closure report) . . . 61
61 Amendment of s 264 (Effect of lodgment of report) . . . . . . . . . . . 62
62 Amendment of s 273 (Application of sdiv 2) . . . . . . . . . . . . . . . . . 62
63 Amendment of s 274 (Applying to tribunal) . . . . . . . . . . . . . . . . . 62
64 Amendment of s 275 (Provisions for making decision) . . . . . . . . 63
65 Amendment of s 277 (Make good agreement or tribunal's
decision binds successors and assigns) . . . . . . . . . . . . . . . . . . . 63
66 Amendment of s 281 (Requirements for drilling petroleum well) . 63
67 Amendment of s 292 (Obligation to decommission). . . . . . . . . . . 63
68 Amendment of s 306 (Content requirements for CSG statement) 64
69 Amendment of s 378 (Applied provisions for making and
deciding renewal application) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
70 Amendment of s 386 (Requirements for consultation with
particular coal or oil shale mining tenement holders) . . . . . . . . . . 65
71 Amendment of s 531 (General liability to compensate) . . . . . . . . 66
72 Amendment of s 546 (End of tenure report). . . . . . . . . . . . . . . . . 66
73 Amendment of s 559 (Obligation to decommission pipelines) . . . 66
74 Amendment of s 569 (Prohibited dealings) . . . . . . . . . . . . . . . . . 67
75 Amendment of s 573 (Deciding application). . . . . . . . . . . . . . . . . 67
76 Amendment of s 574 (Criteria for decision) . . . . . . . . . . . . . . . . . 67
77 Amendment of s 576 (Requirements for making surrender
application) ................................... 67
78 Amendment of s 589 (Recovery of unpaid amounts) . . . . . . . . . . 68
79 Replacement of s 591 (General exemptions from petroleum
royalty) ....................................... 68
591 General exemptions from petroleum royalty . . . . . . . . 68
80 Replacement of s 591A (Exemption for production testing) . . . . . 70
7
Petroleum and Other Legislation Amendment
Bill (No. 2) 2004
591A Exemption for production testing . . . . . . . . . . . . . . . . 70
81 Amendment of s 602 (Interest on unpaid petroleum royalty or
additional petroleum royalty) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
82 Amendment of s 670 (What is an operating plant) . . . . . . . . . . . . 71
83 Amendment of s 673 (Who is the operator of an operating plant) 71
84 Amendment of s 674 (Requirement to have safety
management plan) ............................. 71
85 Amendment of s 675 (Content requirements for safety
management plans) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
86 Amendment of s 687 (Who is the executive safety manager of
an operation plant) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
87 Insertion of new ch 9, pt 4, div 7. . . . . . . . . . . . . . . . . . . . . . . . . . 73
Division 7 Obligation to comply with safety requirements
and instructions
708A Offence not to comply with safety requirement . . . . . 73
708B Chief inspector may issue safety alerts and
instructions ........................... 74
88 Amendment of s 724 (Types of gas device) . . . . . . . . . . . . . . . . . 75
89 Amendment of s 728 (Who may apply) . . . . . . . . . . . . . . . . . . . . 75
90 Replacement of s 728B (Interim licence or authorisation) . . . . . . 75
728B Interim licence or authorisation . . . . . . . . . . . . . . . . . 75
91 Amendment of s 876 (Conversion on 2004 Act start day) . . . . . . 76
92 Amendment of s 881 (Additional conditions for renewal
application) ................................... 76
93 Insertion of new s 911A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
911A Provision for continuance of 1923 Act make good
obligation ........................... 77
94 Amendment of s 926 (Provisions for petroleum royalty). . . . . . . . 77
95 Amendment of s 927 (Corresponding approvals and decisions
under 1923 Act for a converted petroleum authority) . . . . . . . . . . 77
96 Amendment of s 931 (References in Acts and documents to
1923 Act) ................................... 78
97 Omission of s 935 (Continuation of petroleum royalty exemption
for flaring or venting under 1923 Act) . . . . . . . . . . . . . . . . . . . . . . 78
98 Amendment of s 937 (Existing operating plant) . . . . . . . . . . . . . . 78
99 Insertion of new ch 15, pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
Part 5 Transitional provisions for Petroleum and
Other Legislation Amendment Bill (No. 2) 2004
938A Pipeline licences. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
938B Requests for pipeline licences . . . . . . . . . . . . . . . . . . 79
8
Petroleum and Other Legislation Amendment
Bill (No. 2) 2004
938C 1923 Act water bores . . . . . . . . . . . . . . . . . . . . . . . . . 79
938D Decommissioning wells and bores . . . . . . . . . . . . . . . 80
100 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 80
Part 5 Amendment of Water Act 2000
101 Act amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
102 Amendment of s 203 (Definitions for pt 6) . . . . . . . . . . . . . . . . . . 81
103 Amendment of s 206 (Applying for a water licence) . . . . . . . . . . . 81
104 Amendment of s 227 (Cancelling water licence) . . . . . . . . . . . . . 81
Part 6 Minor amendments
105 Minor amendments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
Schedule Minor amendments of Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
Coal Mining Safety and Health Act 1999 . . . . . . . . . . . . . . . . . . . 83
Environmental Protection Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
Mineral Resources Act 1989 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
Petroleum Act 1923 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
Petroleum and Gas (Production and Safety) Act 2004. . . . . . . . . 88
2004
A Bill
for
An Act to amend the Petroleum Act 1923, and for other
purposes
s1 10 s5
Petroleum and Other Legislation Amendment
Bill (No. 2) 2004
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Petroleum and Other Legislation 4
Amendment Act (No. 2) 2004. 5
Clause 2 Commencement 6
Section 7 is taken to have commenced on 12 October 2004. 7
Part 2 Amendment of Mineral 8
Resources Act 1989 9
Clause 3 Act amended in pt 2 10
This part amends the Mineral Resources Act 1989. 11
Clause 4 Amendment of s 318CN (Use that may be made under 12
mining lease of incidental coal seam gas) 13
Section 318CN(2), examples, fourth dot point, after `the 14
power'-- 15
insert-- 16
17
`or supplying the power to a transmission grid as defined under the
18
Electricity Act 1994, section 6'.
Clause 5 Amendment of s 318EB (Obligation to lodge proposed 19
later development plan) 20
Section 318EB(5)-- 21
omit, insert-- 22
s6 11 s7
Petroleum and Other Legislation Amendment
Bill (No. 2) 2004
`(5) If the holder does not lodge any proposed later development 1
plan before the end of the current plan period or if 2
subsection (4) applies and the holder does not lodge another 3
proposed later development plan within the current plan 4
period-- 5
(a) the holder must be given a notice requiring the holder to 6
lodge a proposed later development plan for the lease 7
within 20 business days after the giving of the notice; 8
and 9
(b) the holder must comply with the requirement.'. 10
Clause 6 Amendment of s 739 (Definitions for div 6) 11
Section 739, definition mineral hydrocarbon mining lease, 12
after `mining leases'-- 13
insert-- 14
`or its replacement, or any consolidation of 2 or more of the 15
following leases the area of which does not include land not in 16
the area of the following mining leases'. 17
Clause 7 Amendment of s 741 (Unfinished special coal mining 18
lease applications) 19
(1) Section 741(3) and (4)-- 20
renumber as section 741(4) and (5). 21
(2) Section 741(2)-- 22
omit, insert-- 23
`(2) Subject to subsection (3), an addition to the area of an existing 24
special coal mining lease must not be made under a special 25
agreement Act if the addition was applied for or requested, but 26
not made, before the commencement. 27
`(3) Subsection (2) does not apply if the addition is additional 28
surface areas within the area of the existing special coal 29
mining lease and the special coal mining lease was granted 30
under the Thiess Peabody Coal Pty. Ltd. Agreement Act 31
1962.'. 32
s8 12 s 10
Petroleum and Other Legislation Amendment
Bill (No. 2) 2004
Clause 8 Amendment of s 747 (Continuation of particular rights 1
relating to coal seam gas under mineral hydrocarbon 2
mining leases) 3
Section 747(2)(b), `chapter 9'-- 4
omit, insert-- 5
`chapters 9 and 10, and to the extent they apply for chapters 9 6
and 10, chapters 11 to 14'. 7
Part 3 Amendment of Petroleum Act 8
1923 9
Clause 9 Act amended in pt 3 10
This part amends the Petroleum Act 1923. 11
Clause 10 Amendment of s 2 (Definitions) 12
(1) Section 2, definitions relevant environmental authority and 13
water supply bore-- 14
omit. 15
(2) Section 2-- 16
insert-- 17
`2004 Act petroleum authority see the 2004 Act, 18
section 18(2). 19
existing Water Act bore see section 75IB. 20
impaired capacity, for an existing Water Act bore, see 21
section 75ID. 22
interfere with includes tamper. 23
make good agreement see section 75IZC(1). 24
make good obligation, for an existing Water Act bore, see 25
section 75IG. 26
monitoring report means a report under section 75IW. 27
s 10 13 s 10
Petroleum and Other Legislation Amendment
Bill (No. 2) 2004
relevant environmental authority, for a 1923 Act petroleum 1
tenure or water monitoring authority, means an environmental 2
authority under the Environmental Protection Act granted for 3
all of the authorised activities for the tenure or authority that 4
are environmentally relevant activities under the 5
Environmental Protection Act. 6
restoration measures, for an existing Water Act bore, see 7
section 75IE. 8
review report means a report under section 75IX. 9
trigger threshold, for an aquifer, means the trigger threshold 10
for the aquifer under part 6CA, division 3, subdivision 1. 11
underground water means water that occurs naturally in, or is 12
introduced artificially into, an aquifer, whether or not it 13
would, if tapped by a bore, flow naturally to the surface. 14
underground water flow model, for existing Water Act bores, 15
means an underground water flow model that complies with 16
section 75IN. 17
underground water impact report means an underground 18
water impact report lodged under section 75IM, as amended 19
by any review report. 20
unduly affected for an existing Water Act bore, see 21
section 75IC. 22
water monitoring authority means an authority granted under 23
section 75WC. 24
water supply bore means a water bore drilled under section 86 25
with the permission of the Minister.'. 26
(3) Section 2, definition authorised activity, item 1-- 27
omit, insert-- 28
`1 An authorised activity, for a 1923 Act petroleum tenure 29
or water monitoring authority, is an activity that its 30
holder is, under this Act, the tenure or authority, entitled 31
to carry out in relation to the tenure or authority.'. 32
(4) Section 2, definition owner, item 3-- 33
renumber as item 4. 34
s 11 14 s 12
Petroleum and Other Legislation Amendment
Bill (No. 2) 2004
(5) Section 2, definition owner-- 1
insert-- 2
`3 The owner of an existing Water Act bore is-- 3
(a) the person who owns the land on which the bore is 4
located; or 5
(b) any person who holds a lease over the land.'. 6
(6) Section 2, definition well, item 3, paragraph (c)-- 7
renumber as paragraph (d). 8
(7) Section 2, definition well, item 3-- 9
insert-- 10
`(c) an existing Water Act bore;'. 11
(8) Section 2, definition work program, paragraph (b), `its work 12
program'-- 13
omit, insert-- 14
`a later work program for the authority'. 15
Clause 11 Amendment of s 25M (Requirements for making 16
application) 17
Section 25M-- 18
insert-- 19
`(3) An authority to prospect holder can not apply to renew the 20
authority if section 173 applies and the relinquishment 21
condition under that section has not been complied with. 22
`(4) However, to the extent the application is for a whole 23
sub-block in the area of a petroleum lease or 2004 Act lease, 24
the application is invalid.'. 25
Clause 12 Amendment of s 25U (Expiry of pt 4 and ending of 26
authorities to prospect) 27
Section 25U(2)-- 28
omit, insert-- 29
s 13 15 s 15
Petroleum and Other Legislation Amendment
Bill (No. 2) 2004
`(2) All authorities to prospect still in force immediately before 1
1 November 2021 expire on that day.'. 2
Clause 13 Amendment of s 45 (Entitlement to renewal of lease) 3
Section 45(1A)(d), `an agreement as follows'-- 4
omit, insert-- 5
`a following agreement, whether made before or after the 6
commencement of this paragraph,'. 7
Clause 14 Amendment of s 74J (Penalty relinquishment if work 8
program not completed within extended period) 9
(1) Section 74J, `that corresponds'-- 10
omit, insert-- 11
`that the Minister is satisfied corresponds'. 12
(2) Section 74J-- 13
insert-- 14
`(2) The holder must give the chief executive written notice of the 15
relinquishment within 20 business days after the end of the 16
extended period. 17
`(3) If the holder does not comply with subsection (2), the 18
Minister may take action under section 80T(1)(b).'. 19
Clause 15 Amendment of s 75A (Obligation to decommission 20
pipelines) 21
Section 75A(2)-- 22
omit, insert-- 23
`(2) However, subsection (1) does not apply if-- 24
(a) the pipeline was constructed or operated under another 25
1923 Act petroleum tenure or 2004 Act petroleum 26
tenure and the pipeline has not, since its construction, 27
operated under the holder's tenure; and 28
s 16 16 s 16
Petroleum and Other Legislation Amendment
Bill (No. 2) 2004
(b) the pipeline is operated as an authorised activity for a 1
1923 Act petroleum tenure or a 2004 Act petroleum 2
tenure.'. 3
Clause 16 Insertion of new pt 6CA 4
After section 75I-- 5
insert-- 6
`Part 6CA Existing Water Act bores 7
`Division 1 Preliminary 8
`75IA Simplified outline of pt 6CA 9
`(1) This part imposes an obligation on each 1923 Act petroleum 10
tenure holder to do either of the following because of the 11
taking of water necessarily taken as part of petroleum 12
production under the tenure-- 13
(a) take restoration measures in relation to particular water 14
bores; 15
(b) compensate the owners of particular water bores. 16
`(2) Division 2 provides for when the obligation arises. 17
`(3) Divisions 3 and 4 provide for the identification of the bores 18
through underground water impact and pre-closure reports 19
required to be lodged by 1923 Act petroleum tenure holders. 20
`(4) Division 5 provides for reports by tenure holders to-- 21
(a) monitor the taking of water necessarily taken as part of 22
petroleum production; and 23
(b) assess and review underground water impact reports. 24
`(5) Division 6 provides for agreements for, and for the resolution 25
of disputes about, complying with the obligation. 26
s 16 17 s 16
Petroleum and Other Legislation Amendment
Bill (No. 2) 2004
`75IB What is an existing Water Act bore 1
`(1) An existing Water Act bore, for a 1923 Act petroleum tenure, 2
is a water bore as defined under the Water Act if-- 3
(a) the taking of, or interference with, water from the bore is 4
authorised under the Water Act; and 5
(b) if the Integrated Planning Act 1997 required a 6
development approval under that Act in relation to the 7
bore for operational work for the taking of, or 8
interfering with, water under the Water Act--that 9
approval has been granted; and 10
(c) the bore was in existence at the earlier of the following 11
for the tenure-- 12
(i) either-- 13
(A) for a lease--the start of petroleum 14
production under the lease for commercial 15
purposes; or 16
(B) for an authority to prospect--the approval, 17
under the instrument for the authority, to 18
produce petroleum; 19
(ii) the start of petroleum production for commercial 20
purposes. 21
`(2) A replacement of a bore mentioned in subsection (1) to 22
comply with the make good obligation is also an existing 23
Water Act bore for the 1923 Act petroleum tenure. 24
`75IC When an existing Water Act bore is unduly affected 25
`(1) An existing Water Act bore is unduly affected by the taking of 26
water necessarily taken as part of petroleum production under 27
a 1923 Act petroleum tenure if-- 28
(a) the drop in the level of water in the bore because the 29
taking of water necessarily taken as part of petroleum 30
production under a 1923 Act petroleum tenure is more 31
than the trigger threshold for aquifers in relation to 32
which the taking is carried out; and 33
(b) the bore has an impaired capacity. 34
s 16 18 s 16
Petroleum and Other Legislation Amendment
Bill (No. 2) 2004
`(2) If the exceeding of the trigger threshold was caused by a 1
combination of any of the following activities the existing 2
water Act bore is unduly affected by each of the activities-- 3
(a) the taking of water necessarily taken as part of 4
petroleum production under 1 or more 1923 Act 5
petroleum tenures; 6
(b) the exercise, under the 2004 Act, of underground water 7
rights for 1 or more 2004 Act petroleum tenures. 8
`75ID When an existing Water Act bore has an impaired 9
capacity 10
`(1) An existing Water Act bore has an impaired capacity if-- 11
(a) for a bore used for domestic purposes--it is no longer 12
able to provide a reasonable supply of water for the 13
domestic purpose required at its location; or 14
(b) for a bore used for stock purposes--there is a material 15
reduction in the number of stock able to be watered 16
from the bore, having regard to the stock carrying 17
capacity of the land serviced by the bore; or 18
(c) for a bore from which the taking of or interference with 19
water is authorised under a licence under the Water Act 20
other than for domestic purposes or stock 21
purposes--there is a material reduction in the pumping 22
supply required to service the relevant enterprise or 23
town water supply. 24
`(2) In this section-- 25
domestic purposes includes irrigating a garden, not exceeding 26
0.25 ha, being a garden cultivated for domestic use and not for 27
the sale, barter or exchange of goods produced in the garden. 28
stock purposes means watering stock of a number that would 29
normally be depastured on the land on which the water is, or 30
is to be used. 31
s 16 19 s 16
Petroleum and Other Legislation Amendment
Bill (No. 2) 2004
`75IE What are restoration measures 1
`Restoration measures, for an existing Water Act bore, means 2
measures to-- 3
(a) ensure the bore will no longer have an impaired 4
capacity; or 5
(b) provide an alternative supply of water to the supply of 6
water from the bore. 7
8
Examples of possible restoration measures--
9
· deepening the bore
10
· drilling a new bore
11
· providing a supply of an equivalent amount of water of a suitable
12
quality by piping it from an alternative source
`75IF References to 1923 Act petroleum tenure holder in 13
pt 6CA 14
`(1) This section applies if a 1923 Act petroleum tenure ends. 15
`(2) If the tenure was an authority to prospect and, under 16
section 40,1 the tenure holder became a lease holder, a 17
reference in this part-- 18
(a) to the 1923 Act petroleum tenure is a reference to the 19
authority to prospect and the lease; and 20
(b) to the tenure holder includes a reference to the lease 21
holder. 22
`(3) Otherwise, a reference in this part to the tenure holder 23
includes a reference to the holder of the tenure immediately 24
before it ended. 25
1 Section 40 (Lease to holder of authority to prospect)
s 16 20 s 16
Petroleum and Other Legislation Amendment
Bill (No. 2) 2004
`Division 2 Obligation to make good for 1
existing Water Act bores 2
`75IG The make good obligation 3
`(1) If the taking of water necessarily taken as part of petroleum 4
production under a 1923 Act petroleum tenure unduly affects 5
an existing Water Act bore, the holder must-- 6
(a) within a reasonable period, take restoration measures to 7
restore the supply of water to the owner of the bore; or 8
(b) compensate the owner for the bore being unduly 9
affected. 10
`(2) If an existing Water Act bore is likely, after the 1923 Act 11
petroleum tenure ends, to become unduly affected by the 12
taking, the holder must, before the tenure ends, comply with 13
subsection (1) as if the bore is unduly affected by the taking.2 14
`(3) However, subsection (2) does not apply if-- 15
(a) the ending of the 1923 Act petroleum tenure happens 16
under the 2004 Act, section 911;3 or 17
(b) the 1923 Act petroleum tenure was an authority to 18
prospect and, under section 40, the tenure holder 19
became a lease holder. 20
`(4) The obligations under subsections (1) and (2) are the make 21
good obligation. 22
`(5) Despite subsections (1) and (2), the make good obligation 23
does not apply for an existing Water Act bore if either of the 24
following happened before the commencement of this 25
section-- 26
(a) the 1923 Act petroleum tenure has ended; 27
(b) the part of the area of the tenure on which the taking 28
happened ceased to be part of the area of the tenure. 29
2 See however section 75IY (Effect of lodgment of review report).
3 For what happens if, under the 2004 Act, a replacement tenure for the 1923 Act
petroleum tenure takes effect, see also the 2004 Act, section 911A (Provision for
continuance of 1923 Act make good obligation).
s 16 21 s 16
Petroleum and Other Legislation Amendment
Bill (No. 2) 2004
`75IH Provisions for application of make good obligation 1
`(1) The make good obligation applies-- 2
(a) whether the bore is inside or outside the area of the 1923 3
Act petroleum tenure; and 4
(b) even if the bore was first unduly affected by the taking 5
of water necessarily taken as part of petroleum 6
production under the tenure after it ends. 7
`(2) If the make good obligation under this Act or the 2004 Act 8
applies to more than 1 1923 Act or 2004 Act petroleum tenure 9
holder for the same existing Water Act bore, the obligations 10
apply to each of them jointly and severally. 11
`(3) The make good obligation continues to apply despite the 12
ending of the tenure.4 13
`Division 3 Underground water impact reports 14
`Subdivision 1 Fixing of trigger threshold for 15
aquifers 16
`75II Operation of sdiv 1 17
`(1) This subdivision provides for the fixing of a trigger threshold 18
for aquifers in the area affected by the taking of water 19
necessarily taken as part of petroleum production under a 20
1923 Act petroleum tenure. 21
`(2) The fixing of the trigger threshold allows the tenure holder to 22
prepare an underground water impact report for the tenure. 23
`75IJ Request for trigger threshold and action on request 24
`(1) The 1923 Act petroleum tenure holder may ask the chief 25
executive what the trigger threshold is for the aquifers. 26
4 For access to the relevant land after the tenure ends to comply with the make good
obligation, see section 75IZJ (Right of entry after 1923 Act petroleum tenure ends to
comply with make good obligation).
s 16 22 s 16
Petroleum and Other Legislation Amendment
Bill (No. 2) 2004
`(2) The chief executive must-- 1
(a) if no trigger threshold already applies for the 2
aquifers--fix a trigger threshold for the aquifers and tell 3
the tenure holder what that trigger threshold is; or 4
(b) if, under section 75IL or the 2004 Act, 5
section 253(2)(a), a trigger threshold already applies for 6
the aquifers--tell the tenure holder what that trigger 7
threshold is. 8
`75IK Provisions for fixing trigger threshold 9
`(1) A trigger threshold fixed under section 75IJ(2)(a) must be the 10
water level drop in the aquifers that the chief executive 11
considers would be a level that causes a significant reduction 12
in the maximum pumping rate or flow rate of the existing 13
Water Act bores in the area affected by the taking of water 14
necessarily taken as part of petroleum production. 15
`(2) In fixing the trigger threshold, the chief executive-- 16
(a) must consider-- 17
(i) the permeability and geometry of the aquifers; and 18
(ii) the water levels in the aquifers; and 19
(b) must allow the 1923 Act petroleum tenure holder a 20
reasonable opportunity to make submissions about the 21
trigger threshold proposed by the chief executive; and 22
(c) may ask the tenure holder to give the chief executive 23
documents or information the chief executive 24
reasonably requires to fix the trigger threshold. 25
`(3) If the request is not complied with the chief executive may fix 26
the trigger threshold using the documents or information 27
available to the chief executive. 28
s 16 23 s 16
Petroleum and Other Legislation Amendment
Bill (No. 2) 2004
`75IL Fixed trigger threshold applies for all taking of water 1
necessarily taken as part of petroleum production 2
`(1) This section applies if, under section 75IJ(2)(a) or the 2004 3
Act, section 253(2)(a),5 a trigger threshold has already been 4
fixed for an aquifer in any part of the area affected by the 5
taking of water necessarily taken as part of petroleum 6
production under a 1923 Act petroleum tenure. 7
`(2) The trigger threshold applies for any aquifer in the area for the 8
taking of water necessarily taken as part of petroleum 9
production under any other 1923 Act petroleum tenure. 10
`Subdivision 2 Lodging report 11
`75IM Lodging report 12
`(1) Each 1923 Act petroleum tenure holder must, on or before the 13
relevant time, lodge an underground water impact report at the 14
following office (the relevant office)-- 15
(a) the office of the department for lodging underground 16
water impact reports, as stated in a gazette notice by the 17
chief executive; or 18
(b) if no office is gazetted under paragraph (a)--the office 19
of the chief executive. 20
`(2) An underground water impact report-- 21
(a) must comply with section 75IN; and 22
(b) may relate to the taking of water necessarily taken as 23
part of petroleum production under 1 or more 1923 Act 24
or 2004 Act petroleum tenures, held by the same person, 25
or by different persons. 26
`(3) In this section-- 27
relevant time means the earlier of any of the following-- 28
(a) 20 business days after the end of the first year of-- 29
5 2004 Act section 253 (Request for trigger threshold and action on request)
s 16 24 s 16
Petroleum and Other Legislation Amendment
Bill (No. 2) 2004
(i) for a lease--the start of petroleum production 1
under the lease for commercial purposes; or 2
(ii) for an authority to prospect--the approval, under 3
the instrument for the authority, to produce 4
petroleum; 5
(b) for a lease--when the lease holder is, under the 2004 6
Act, section 599,6 first required to lodge a royalty return 7
for petroleum production in the area of the lease. 8
`75IN Requirements for report 9
`(1) Subject to section 75IO, an underground water impact report 10
must include each of the following-- 11
(a) the trigger threshold for aquifers in the area affected by 12
the taking of water necessarily taken as part of 13
petroleum production under the 1923 Act petroleum 14
tenure; 15
(b) details of an underground water flow model prepared by 16
the holder to predict the drop in the water level, because 17
of the taking, in aquifers predicted by the holder to be 18
affected by the taking; 19
(c) the area and aquifers predicted by the holder to be 20
affected by the taking; 21
(d) details of the existing Water Act bores predicted by the 22
holder to be unduly affected by the taking, either alone 23
or in combination with-- 24
(i) the taking of water necessarily taken as part of 25
petroleum production under another 1923 Act 26
petroleum tenure; or 27
(ii) the exercise of underground water rights under the 28
2004 Act for a 2004 Act petroleum tenure; 29
(e) an estimate of when each of the bores will become 30
unduly affected; 31
6 2004 Act, section 599 (Annual royalty returns)
s 16 25 s 16
Petroleum and Other Legislation Amendment
Bill (No. 2) 2004
(f) details of a monitoring program proposed to be carried 1
out by the holder to monitor the impact of the taking; 2
(g) other information or matters prescribed under a 3
regulation. 4
`(2) The underground water flow model must comply with any 5
requirements prescribed under a regulation. 6
`(3) If the underground water impact report is for a combination of 7
any of the following activities carried out by different persons, 8
it may state the liability, as between the persons, to comply 9
with the make good obligation under this Act or the 2004 Act 10
for each existing Water Act bore identified in the report if it is, 11
or becomes, unduly affected-- 12
(a) the taking of water necessarily taken as part of 13
petroleum production under 1 or more 1923 Act 14
petroleum tenures; 15
(b) the exercise, under the 2004 Act, of the underground 16
water rights for 1 or more 2004 Act petroleum tenures. 17
`(4) However, a statement under subsection (3) does not affect the 18
tenure holders' joint and several liability under section 75IH 19
for the obligation. 20
`75IO Exemption from underground water flow model 21
`Section 75IN(1)(b) need not be complied with if the chief 22
executive is satisfied-- 23
(a) that, because of the need for data to be collected after 24
the relevant time under section 75IM for lodging the 25
report, it is not reasonably possible for the holder to 26
prepare an appropriate underground water flow model 27
before that time; or 28
(b) the report shows each of the following matters and, that 29
because of the matters, the existing Water Act bores will 30
not be unduly affected by the taking of water necessarily 31
taken as part of petroleum production under the 1923 32
Act petroleum tenure-- 33
(i) if there are existing Water Act bores in an aquifer 34
other than the source aquifer for the taking--the 35
s 16 26 s 16
Petroleum and Other Legislation Amendment
Bill (No. 2) 2004
source aquifer is not hydraulically connected to 1
that aquifer; 2
(ii) any existing Water Act bore in the source aquifer is 3
sufficiently separated in distance from the place 4
where the taking is to happen. 5
`Subdivision 3 Consideration of underground 6
water impact report 7
`75IP Power to require amendment of report 8
`(1) If an underground water impact report (the original report) 9
does not include details of an underground water flow model 10
prepared by the 1923 Act petroleum tenure holder, the chief 11
executive may require the tenure holder to, within a stated 12
reasonable period-- 13
(a) prepare the model; and 14
(b) lodge an amended underground water impact report that 15
includes details of the model. 16
`(2) Subsection (1) applies despite any conclusion stated in the 17
original report. 18
`(3) If the chief executive is satisfied an underground water impact 19
report (also the original report) is inadequate in a material 20
particular, the chief executive may require the 1923 Act 21
petroleum tenure holder who lodged the original report to 22
lodge an amended underground water impact report that-- 23
(a) amends the original report in a stated way; or 24
(b) includes stated information or material. 25
26
Example of a possible material inadequacy--
27
In the circumstances, it was appropriate for the water monitoring
28
program detailed in the report to include the construction of a water
29
observation bore. The construction of the bore is not provided for in the
30
report.
`(4) A requirement under this section must be made by a notice to 31
the 1923 Act petroleum tenure holder who lodged the report. 32
s 16 27 s 16
Petroleum and Other Legislation Amendment
Bill (No. 2) 2004
`(5) The notice must state a reasonable period within which the 1
requirement must be complied with. 2
`(6) An amended underground water impact report must be lodged 3
at the same office at which the original report must be lodged. 4
`(7) A 1923 Act petroleum tenure holder of whom a requirement 5
under this section has been made must comply with the 6
requirement. 7
`(8) In this section-- 8
underground water impact report includes an underground 9
water impact report amended under this section. 10
`75IQ Decision on report 11
`(1) The chief executive must decide whether to accept or reject 12
the underground water impact report. 13
`(2) However, the chief executive may reject the report only if the 14
chief executive is satisfied it is inadequate in a material 15
particular. 16
`(3) On rejection of the report, the chief executive must give the 17
1923 Act petroleum tenure holder an information notice about 18
the decision to reject the report. 19
`(4) The information notice must-- 20
(a) require the tenure holder to lodge, under section 75IM, 7
21
another underground water impact report; and 22
(b) state a reasonable period for lodging the other report. 23
`(5) The tenure holder must comply with the requirement. 24
`Division 4 Pre-closure report 25
`75IR Obligation to lodge pre-closure report 26
`(1) A 1923 Act petroleum tenure holder must, within 40 business 27
days before the earliest of the following times, lodge a report 28
7 Section 75IM (Lodging report)
s 16 28 s 16
Petroleum and Other Legislation Amendment
Bill (No. 2) 2004
(a pre-closure report) for the tenure that complies with 1
section 75IS-- 2
(a) 1 year before the end of the term of the tenure other than 3
under the 2004 Act, section 911;8 4
(b) when the holder makes a surrender application for the 5
tenure; 6
(c) an earlier time stated in a notice from the chief executive 7
to the holder. 8
`(2) However, if at any time before the last time by which the 9
holder can, under this Act, apply to renew the tenure, the 10
holder gives the chief executive a written declaration stating 11
that the holder intends to apply to renew the tenure, 12
subsection (1)-- 13
(a) only applies if-- 14
(i) the holder does not, before that time, make a 15
renewal application for the tenure; or 16
(ii) a renewal application for the tenure is rejected; and 17
(b) does not apply if a renewal application for the tenure is 18
granted, unless-- 19
(i) the holder makes a surrender application for the 20
tenure; or 21
(ii) the chief executive gives the holder a notice stating 22
that the holder must, at a stated time, lodge a 23
pre-closure report. 24
`(3) The report must be lodged at-- 25
(a) the office of the department for lodging pre-closure 26
reports, as stated in a gazette notice by the chief 27
executive; or 28
(b) if no office is gazetted under paragraph (a)--the office 29
of the chief executive. 30
8 See however the 2004 Act, section 911A (Provision for continuance of 1923 Act
make good obligation).
s 16 29 s 16
Petroleum and Other Legislation Amendment
Bill (No. 2) 2004
`75IS Requirements for report 1
`The pre-closure report must state each of the following-- 2
(a) the existing Water Act bores that, after the 1923 Act 3
petroleum tenure ends, the tenure holder predicts may 4
become unduly affected by the taking of water 5
necessarily taken as part of petroleum production under 6
the tenure, during its term; 7
(b) an estimate of when each of the bores will become 8
unduly affected; 9
(c) what steps have been taken to comply with the make 10
good obligation in relation to the bores; 11
(d) the information or matters prescribed under a regulation. 12
`75IT Power to require amendment of report 13
`(1) This section applies if, before the end of the 1923 Act 14
petroleum tenure, the chief executive considers that the effect 15
of the taking of water necessarily taken as part of petroleum 16
production under the tenure is materially different to the effect 17
predicted in the pre-closure report. 18
`(2) The chief executive may require the tenure holder to lodge, as 19
required under section 75IR, an amended pre-closure report 20
stating a prediction under section 75IS(a) that is appropriate. 21
`(3) A requirement under this section must include, or be 22
accompanied by, an information notice about the decision to 23
make the requirement. 24
`(4) The information notice must state a reasonable period for 25
lodging the amended report. 26
`75IU Effect of lodgment of report 27
`(1) This section applies from the end of the 1923 Act petroleum 28
tenure if the former 1923 Act petroleum tenure holder-- 29
(a) was, under section 75IR, required to lodge a pre-closure 30
report; and 31
s 16 30 s 16
Petroleum and Other Legislation Amendment
Bill (No. 2) 2004
(b) has lodged a pre-closure report that complies with 1
section 75IS; and 2
(c) has complied with any requirement under section 75IT. 3
`(2) The existing Water Act bores stated in the pre-closure report 4
are, for section 75IG(2),9 taken to be the only existing Water 5
Act bores that are likely, after the 1923 Act petroleum tenure 6
ends, to become unduly affected by the taking of water 7
necessarily taken as part of petroleum production under the 8
tenure. 9
`Division 5 Monitoring and review reports 10
`75IV Operation of div 5 11
`(1) This division requires the tenure holder to lodge monitoring 12
reports and review reports. 13
`(2) The purpose of a monitoring report is to monitor the effect of 14
the taking of water necessarily taken as part of petroleum 15
production for a 1923 Act petroleum tenure. 16
`(3) The purposes of a review report are to-- 17
(a) compare the effect of the taking with the predicted effect 18
in the holder's relevant underground water impact report 19
to show whether the report continues to be appropriate; 20
and 21
(b) amend the underground water impact report to reflect 22
the results of the comparison. 23
`75IW Obligation to lodge monitoring reports 24
`(1) Subject to sections 75IZ and 75IZA, the 1923 Act petroleum 25
tenure holder must when the holder is, under section 76F,10 26
required to lodge an annual report for the tenure, lodge a 27
monitoring report for the tenure. 28
9 Section 75IG (The make good obligation)
10 Section 76F (Obligation to lodge annual reports)
s 16 31 s 16
Petroleum and Other Legislation Amendment
Bill (No. 2) 2004
`(2) The monitoring report must-- 1
(a) report on the monitoring program provided for in the 2
tenure holder's impact report; and 3
(b) state the information or matters prescribed under a 4
regulation; and 5
(c) be included in the annual report, or lodged together with 6
it at-- 7
(i) the office of the department for lodging monitoring 8
reports, as stated in a gazette notice by the chief 9
executive; or 10
(ii) if no office is gazetted under subparagraph (i)--the 11
office of the chief executive. 12
`75IX Obligation to lodge review reports 13
`(1) Subject to sections 75IZ and 75IZA, the 1923 Act petroleum 14
tenure holder must lodge review reports about each 15
underground water impact report by the holder before each of 16
the following-- 17
(a) the first anniversary from when the underground water 18
impact report was accepted by the chief executive; 19
(b) the third anniversary of the acceptance; 20
(c) the fifth anniversary of the acceptance; 21
(d) the end of each interval of 5 years after the fifth 22
anniversary. 23
`(2) The review reports must-- 24
(a) state the information or matters prescribed under a 25
regulation; and 26
(b) amend the underground water impact report in a way 27
that is consistent with the review report; and 28
s 16 32 s 16
Petroleum and Other Legislation Amendment
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(c) be included in the annual report that under section 76F,11 1
must be lodged at the nearest point in time to when the 2
review reports must be lodged under subsection (1). 3
`(3) For working out the intervals, any transition, under 4
section 40,12 of an authority to prospect to a lease must be 5
disregarded. 6
`(4) The tenure holder may, at any time, lodge a review report at 7
the office at which annual reports must, under section 76F,13 8
be lodged. 9
`75IY Effect of lodgment of review report 10
`On the lodgment of a review report that complies with 11
section 75IX-- 12
(a) the underground water impact report to which it relates 13
is taken to have been amended as provided in the review 14
report; and 15
(b) if the underground water impact report conflicts with a 16
matter provided for in the review report, the 17
underground water impact report is taken to have been 18
amended to agree with the review report. 19
`75IZ Chief executive's power to change frequency of 20
reports 21
`(1) The chief executive may, by notice to the 1923 Act petroleum 22
tenure holder, change the frequency required under this 23
division for the lodging of monitoring reports or review 24
reports. 25
`(2) However, the frequency may be changed for review reports 26
only if a review report shows that the effect of the taking of 27
water necessarily taken as part of petroleum production under 28
the tenure on existing Water Act bores is materially different 29
11 Section 76F (Obligation to lodge annual reports)
12 Section 40 (Lease to holder of authority to prospect)
13 Section 76F (Obligation to lodge annual reports)
s 16 33 s 16
Petroleum and Other Legislation Amendment
Bill (No. 2) 2004
to the effect predicted in the holder's underground water 1
impact report. 2
`75IZA Chief executive's power to change reporting days 3
`(1) The chief executive may, by notice to the 1923 Act petroleum 4
tenure holder, change the day on which monitoring reports or 5
review reports must be lodged under this division. 6
`(2) However, the changed day must not be more than 1 year after 7
the day the report was otherwise required to be lodged. 8
`75IZB Power to require amendment of review report 9
`(1) This section applies if the chief executive considers that a 10
review report does not achieve a purpose of a review report, as 11
stated in section 75IV(3). 12
`(2) The chief executive may require the holder to lodge at the 13
following office an amended review report that does achieve 14
all of the purposes-- 15
(a) the office of the department for lodging amended review 16
reports, as stated in a gazette notice by the chief 17
executive; 18
(b) if no office is gazetted under paragraph (a)--the office 19
of the chief executive. 20
`(3) A requirement under this section must be by a notice that 21
includes an information notice about the decision to make the 22
requirement. 23
`(4) The information notice must state a reasonable period for 24
lodging the amended report. 25
`(5) A 1923 Act petroleum tenure holder of whom a requirement 26
under this section has been made must comply with the 27
requirement. 28
`(6) In this section-- 29
review report includes a review report amended under this 30
section. 31
s 16 34 s 16
Petroleum and Other Legislation Amendment
Bill (No. 2) 2004
`Division 6 Complying with make good 1
obligation 2
`Subdivision 1 Obligation to negotiate 3
`75IZC 1923 Act petroleum tenure holder's obligation to 4
negotiate 5
`(1) A 1923 Act petroleum tenure holder must make reasonable 6
attempts to negotiate an agreement (a make good agreement) 7
with an owner of an existing Water Act bore about how the 8
make good obligation for the bore is to be complied with. 9
`(2) A make good agreement may be included in a compensation 10
agreement under part 6K14 between the tenure holder and the 11
owner. 12
`Subdivision 2 Tribunal decision on how the 13
obligation must be complied with 14
`75IZD Application of sdiv 2 15
`This subdivision applies if 1 or more 1923 Act or 2004 Act 16
petroleum tenure holders to whom the make good obligation 17
under this Act or the 2004 Act applies in relation to an 18
existing Water Act bore and the owner of the bore can not 19
agree about how the obligation is to be complied with. 20
`75IZE Applying to tribunal 21
`(1) Any of the tenure holders or the owner may apply to the 22
tribunal for it to decide how the obligation must be complied 23
with. 24
`(2) If the obligation arose because of a combination of any of the 25
following activities carried out by different persons each of 26
them must be a party to the application-- 27
14 Par t 6K (General compensation provisions)
s 16 35 s 16
Petroleum and Other Legislation Amendment
Bill (No. 2) 2004
(a) the taking of water necessarily taken as part of 1
petroleum production under another 1923 Act 2
petroleum tenure; 3
(b) the exercise of underground water rights under the 2004 4
Act for a 2004 Act petroleum tenure. 5
`75IZF Provisions for making decision 6
`(1) The tribunal may decide how the obligation must be complied 7
with. 8
`(2) However-- 9
(a) the tribunal may make the decision only to the extent the 10
obligation is not the subject of a make good or other 11
agreement between the tenure holder and the owner; and 12
(b) the tribunal may decide the owner must be compensated 13
only if the tribunal considers it is not reasonably feasible 14
to comply with the obligation by the taking of any 15
restoration measures. 16
`(3) The tribunal may make any order it considers appropriate to 17
meet or enforce its decision on the application. 18
`(4) If-- 19
(a) the obligation arose because of a combination of any of 20
the following-- 21
(i) the taking of water necessarily taken as part of 22
petroleum production under 1 or more 1923 Act 23
petroleum tenures; 24
(ii) the exercise, under the 2004 Act, of underground 25
water rights for 1 or more 2004 Act petroleum 26
tenures; and 27
(b) the tenures are held by different persons; and 28
(c) the tenure holders have not agreed between themselves 29
about how much each must contribute to comply with 30
the obligation; 31
the tribunal may decide their contributions. 32
s 16 36 s 16
Petroleum and Other Legislation Amendment
Bill (No. 2) 2004
`(5) However, a decision under subsection (4) does not affect the 1
tenure holders' joint and several liability under section 75IH15 2
for the obligation. 3
`75IZG Provisions for deciding compensation 4
`(1) This section applies if the tribunal decides that the obligation 5
is to be complied with by compensation to the owner. 6
`(2) The compensation may only be for-- 7
(a) diminution of any of the following because of the taking 8
of water necessarily taken as part of petroleum 9
production-- 10
(i) the value of the owner's land on which the bore is 11
located; 12
(ii) the use the owner has made, or may make, of water 13
from the existing Water Act bore; or 14
(b) any cost or loss the owner suffers that is caused by the 15
impaired capacity of the bore. 16
17
Example of a possible cost--
18
the cost of transporting water to the land from an alternative
19
water source
`(3) In deciding the amount of the compensation, the tribunal may 20
consider any restoration measures, successful or otherwise, 21
taken or attempted by the tenure holder. 22
`(4) The tribunal must, as far as practicable, decide the 23
compensation at the same time as it makes any decision about 24
any compensation liability that the tenure holder has to the 25
owner under part 6K.16 26
15 Section 75IH (Provisions for application of make good obligation)
16 Part 6K (General compensation provisions)
s 16 37 s 16
Petroleum and Other Legislation Amendment
Bill (No. 2) 2004
`Subdivision 3 Miscellaneous provisions 1
`75IZH Make good agreement or tribunal's decision binds 2
successors and assigns 3
`(1) A make good agreement or a decision by the tribunal under 4
subdivision 2 is for the benefit of, and is taken to have been 5
agreed to or decided for and is binding on-- 6
(a) the owner of the relevant existing Water Act bore; and 7
(b) each relevant 1923 Act or 2004 Act petroleum tenure 8
holder; and 9
(c) each of their successors and assigns, including 10
successors and assigns of the relevant 1923 Act 11
petroleum tenure.17 12
`(2) Subsection (1) is subject to section 75IZI. 13
`75IZI Reviews by tribunal 14
`(1) This section applies if, since the making of a make good 15
agreement or a decision by the tribunal under subdivision 2 16
(the original agreement or decision), there has been a 17
material change in circumstances (the change). 18
`(2) Any person mentioned in section 75IZH may apply to the 19
tribunal for it to review the original agreement or decision. 20
`(3) In carrying out the review, the tribunal may review the 21
agreement or decision only to the extent it is affected by the 22
change. 23
`(4) The tribunal may, after carrying out the review, decide to 24
confirm the original agreement or decision or amend it in a 25
way the tribunal considers appropriate. 26
`(5) If the decision is to amend the original agreement or decision, 27
the original agreement or decision, as amended under the 28
decision, is for this Act, taken to be the original agreement or 29
decision. 30
17 See also section 75IF (References to 1923 Act petroleum tenure holder in pt 6CA).
s 17 38 s 17
Petroleum and Other Legislation Amendment
Bill (No. 2) 2004
`75IZJ Right of entry after 1923 Act petroleum tenure ends 1
to comply with make good obligation 2
`(1) This section applies if a 1923 Act petroleum tenure holder has 3
not complied with the make good obligation in relation to an 4
existing Water Act bore and the tenure has ended. 5
`(2) The former tenure holder may enter the land on which the 6
bore is located to comply with the make good obligation. 7
`(3) Parts 6H, 6I and 6K,18 apply to the former tenure holder as 8
if-- 9
(a) the tenure were still in force; and 10
(b) the former tenure holder is its holder; and 11
(c) the land is in the area of the tenure; and 12
(d) compliance with the make good obligation is an 13
authorised activity for the tenure. 14
`75IZK Advice from Water Act regulator 15
`(1) The chief executive must, before deciding any matter under 16
this part, seek advice about the matter from the Water Act 17
regulator. 18
`(2) A failure to comply with subsection (1) does not invalidate or 19
otherwise affect the decision.'. 20
Clause 17 Amendment of s 75J (Requirements for drilling well) 21
Section 75J(2)-- 22
omit, insert-- 23
`(2) The requirements may include provisions to prevent the 24
drilling adversely affecting the carrying out of safe and 25
efficient mining or future mining of coal under the Mineral 26
Resources Act.'. 27
18 Parts 6H (Private land), 6I (Public land) and 6K (General compensation provisions)
s 18 39 s 21
Petroleum and Other Legislation Amendment
Bill (No. 2) 2004
Clause 18 Amendment of s 75L (Restrictions on making conversion) 1
Section 75L, before penalty-- 2
insert-- 3
`(c) permission for the conversion has been granted under 4
section 86.'. 5
Clause 19 Amendment of s 75Q (Transfer of water observation bore 6
or water supply bore to landowner) 7
Section 75Q(3), before `landowner'-- 8
insert-- 9
`Minister and the'. 10
Clause 20 Amendment of s 75R (Transfer of well to holder of 11
geothermal exploration permit or mining tenement) 12
Section 75R-- 13
insert-- 14
`(c) the Minister approves the transfer.'. 15
Clause 21 Replacement of s 75S (Transfer of water observation bore 16
to 1923 Act petroleum tenure holder) 17
Section 75S-- 18
omit, insert-- 19
`75S Transfer of water observation bore to petroleum 20
tenure holders or water monitoring authority holder 21
`A 1923 Act petroleum tenure holder, a 2004 Act petroleum 22
tenure holder or a water monitoring authority holder may 23
transfer a water observation bore in the area of the tenure or 24
authority to the holder of another 1923 Act petroleum tenure, 25
2004 Act petroleum tenure or a water monitoring authority 26
if-- 27
(a) the bore is in the area of the other tenure or authority; 28
and 29
s 22 40 s 23
Petroleum and Other Legislation Amendment
Bill (No. 2) 2004
(b) a notice in the approved form and the transfer fee 1
prescribed under a regulation have been lodged at-- 2
(i) the office of the department for lodging the notice, 3
as stated in a gazette notice by the chief executive; 4
or 5
(ii) if no office is gazetted under subparagraph (i)--the 6
office of the chief executive; and 7
(c) the Minister approves the transfer.'. 8
Clause 22 Amendment of s 75U (Obligation to decommission) 9
(1) Section 75U(1)-- 10
omit, insert-- 11
`(1) This section applies to a person (the responsible person) who 12
holds a 1923 Act petroleum tenure on which there is a well, 13
water observation bore or water supply bore drilled by or for 14
the tenure holder or that has been transferred to the tenure 15
holder.'. 16
(2) Section 75U(2)-- 17
insert-- 18
`Maximum penalty--500 penalty units.'. 19
(3) Section 75U(4)(b), before `the decommissioning'-- 20
insert-- 21
`for a bore--'. 22
(4) Section 75U-- 23
insert-- 24
`(4A) Subsection (4)(b) applies only to the extent it is not 25
inconsistent with subsection (4)(a).'. 26
Clause 23 Insertion of new pt 6D, div 5 27
After section 75W-- 28
insert-- 29
s 23 41 s 23
Petroleum and Other Legislation Amendment
Bill (No. 2) 2004
`Division 5 Water monitoring authorities 1
`Subdivision 1 Obtaining water monitoring 2
authority 3
`75WA Who may apply for water monitoring authority 4
`(1) A 1923 Act petroleum tenure holder may apply for a water 5
monitoring authority for stated land to allow the holder to 6
comply with, or assess the need to comply with, the make 7
good obligation for the tenure. 8
`(2) The application may be made or granted for-- 9
(a) land in the area of another 1923 Act petroleum tenure or 10
a 2004 Act petroleum authority; and 11
(b) 1 or more tenures or authorities mentioned in 12
paragraph (a) held by the same applicant. 13
`75WB Requirements for making application 14
`The application must be-- 15
(a) in the approved form; and 16
(b) lodged at-- 17
(i) the office of the department for lodging water 18
monitoring authority applications, as stated in a 19
gazette notice by the chief executive; or 20
(ii) if no office is gazetted under subparagraph (i)--the 21
office stated in the approved form; or 22
(iii) otherwise--the office of the chief executive; and 23
(c) accompanied by the fee prescribed under a regulation. 24
`75WC Deciding application for water monitoring authority 25
`(1) The Minister may grant or refuse the water monitoring 26
authority. 27
s 23 42 s 23
Petroleum and Other Legislation Amendment
Bill (No. 2) 2004
`(2) However, the water monitoring authority must not be granted 1
unless a relevant environmental authority for the water 2
monitoring authority has been issued. 3
`(3) The authority must state its area and each 1923 Act petroleum 4
tenure or a 2004 Act petroleum tenure to which it relates. 5
`(4) The authority may also state-- 6
(a) conditions or other provisions of the authority, other 7
than conditions or provisions that are-- 8
(i) inconsistent with subdivision 2 or section 75WM19 9
or any other mandatory condition for water 10
monitoring authorities; or 11
(ii) inconsistent with a condition of any 1923 Act 12
petroleum tenure or a 2004 Act petroleum tenure to 13
which the authority relates; or 14
(iii) the same as, or substantially the same as, or 15
inconsistent with, any relevant environmental 16
condition for the authority; and 17
(b) the day it takes effect. 18
`(5) However, the provisions of the authority may exclude or 19
restrict the carrying out of water monitoring activities. 20
`Subdivision 2 Key authorised activities 21
`75WD Operation of sdiv 2 22
`(1) This subdivision provides for the key authorised activities for 23
a water monitoring authority. 24
`(2) The authorised activities may be carried out despite the rights 25
of an owner or occupier of land on which they are exercised. 26
`(3) However, the carrying out of the authorised activities is 27
subject to-- 28
(a) sections 3, 75WH and 75WI; and 29
19 Section 75WM (Additional condition of relevant petroleum tenure)
s 23 43 s 23
Petroleum and Other Legislation Amendment
Bill (No. 2) 2004
(b) parts 6H, 6I, 6J and 6K; and 1
(c) the conditions of the authority; and 2
(d) any exclusion or restriction provided for in the authority 3
on the carrying out of the activities. 4
`75WE Water monitoring activities 5
`The authority holder may carry out any water monitoring 6
activity in the area of the authority. 7
`75WF Limited right to take or interfere with underground 8
water 9
`The authority holder may take or interfere with underground 10
water only to the extent that the taking or interference is the 11
unavoidable result of carrying out a water monitoring activity 12
in the area of the authority. 13
14
Example--
15
The taking of or interference with underground water during the drilling
16
or maintenance of a water observation bore in the area.
`75WG Authorisation for Water Act 17
`For the Water Act, the taking of or interference with 18
underground water, under section 75WF, is taken to be 19
authorised.20 20
`75WH Water Act not otherwise affected 21
`To remove any doubt, it is declared that the water monitoring 22
authority holder can not take or interfere with water as defined 23
under the Water Act unless the taking or interference is 24
authorised under this subdivision or the Water Act.21 25
20 See the Water Act, section 808 (Unauthorised taking, supplying or interfering with
water).
21 See Water Act, sections 20 (Authorised taking of water without water entitlement)
and 808 (Unauthorised taking, supplying or interfering with water).
s 23 44 s 23
Petroleum and Other Legislation Amendment
Bill (No. 2) 2004
`75WI Restriction on carrying out authorised activities 1
`In carrying out an authorised activity for the water 2
monitoring authority, the holder must not interfere with the 3
carrying out of an authorised activity for a 1923 Act 4
petroleum tenure or a 2004 Act petroleum tenure, or of 5
another water monitoring authority, the area of which includes 6
the area of the authority. 7
Maximum penalty--1 000 penalty units. 8
`75WJ No right to petroleum discovered 9
`To remove any doubt, it is declared that the discovery of 10
petroleum while carrying out an authorised activity for the 11
authority does not, of itself, give the authority holder a right to 12
the petroleum. 13
`Subdivision 3 Miscellaneous provisions 14
`75WK Term of authority 15
`Subject to part 6P, division 3, a water monitoring authority 16
continues in force until there is no longer any 1923 Act 17
petroleum tenure or a 2004 Act petroleum tenure to which the 18
authority relates. 19
`75WL Provision for who is the authority holder if only 1 20
related petroleum tenure 21
`(1) This section applies if there is only 1 1923 Act petroleum 22
tenure to which a water monitoring authority relates. 23
`(2) The authority holder is taken to be the person who, from time 24
to time, holds the 1923 Act petroleum tenure to which the 25
authority relates. 26
`75WM Additional condition of relevant petroleum tenure 27
`If a condition is imposed on a water monitoring authority (the 28
authority condition), it is a condition of each 1923 Act 29
s 23 45 s 23
Petroleum and Other Legislation Amendment
Bill (No. 2) 2004
petroleum tenure or a 2004 Act petroleum tenure to which the 1
authority relates that the tenure holder must comply with the 2
authority condition. 3
`75WN Amending water monitoring authority by application 4
`(1) The holder of a water monitoring authority may apply to 5
amend it-- 6
(a) to increase or decrease its area; or 7
(b) to add or omit, or reflect an amendment of, a 1923 Act 8
petroleum tenure or a 2004 Act petroleum tenure that 9
relates to the authority. 10
`(2) The holder can not apply to amend the authority in any other 11
way. 12
`(3) The application must be-- 13
(a) in the approved form; and 14
(b) lodged at-- 15
(i) the office of the department for lodging the 16
application, as stated in a gazette notice by the 17
chief executive; or 18
(ii) if no office is gazetted under subparagraph (i)--the 19
office stated in the approved form; or 20
(iii) otherwise--the office of the chief executive; and 21
(c) accompanied by the fee prescribed under a regulation. 22
`(4) The Minister may grant or refuse the amendment. 23
`(5) The amendment may be granted (a conditional grant) subject 24
to the applicant's written agreement to the Minister amending 25
the authority in a stated way that the Minister considers 26
appropriate.22 27
`(6) On refusal of the application or the making of a decision to 28
make a conditional grant, the applicant must be given an 29
22 See section 125 (Power to correct or amend).
See also part 6G (Security).
s 24 46 s 27
Petroleum and Other Legislation Amendment
Bill (No. 2) 2004
information notice about the decision to refuse or to make the 1
conditional grant.'. 2
Clause 24 Amendment of s 76R (Restriction) 3
Section 76R(1)(a), after `activity'-- 4
omit, insert-- 5
`and to the safety management plan of the authority holder'. 6
Clause 25 Amendment of s 76W (Applicant's obligations) 7
(1) Section 76W(1)(b)(ii)-- 8
omit. 9
(2) Section 76W(1)(d)(v) and (vi)-- 10
omit. 11
(3) Section 76W(1)(d)(vii)-- 12
renumber as section 76W(1)(d)(v). 13
(4) Section 76W(3) and (4)-- 14
omit. 15
(5) Section 76W(5)-- 16
renumber as section 76W(3). 17
Clause 26 Amendment of s 76X (Minister may require further 18
negotiation) 19
Section 76X(1)(a)-- 20
omit. 21
Clause 27 Amendment of s 77 (Submissions by coal or oil shale 22
exploration tenement holder) 23
(1) Section 77(3)(a) and (b)-- 24
omit. 25
(2) Section 77(3)(c) to (f)-- 26
s 28 47 s 31
Petroleum and Other Legislation Amendment
Bill (No. 2) 2004
renumber as section 77(3)(a) to (d). 1
(3) Section 77(5), `application'-- 2
omit, insert-- 3
`conditions of the lease'. 4
Clause 28 Omission of pt 6F, div 3, sdivs 2 and 3 5
Part 6F, division 3, subdivisions 2 and 3-- 6
omit. 7
Clause 29 Amendment of s 77O (Requirement for giving of copy of 8
relinquishment report) 9
Section 77O(2), penalty, `200'-- 10
omit, insert-- 11
`150'. 12
Clause 30 Amendment of s 77X (Deciding amendment application) 13
Section 77X-- 14
insert-- 15
`(5) The applicant and the coal or oil shale exploration tenement 16
holder must be given notice of the decision.'. 17
Clause 31 Replacement of pt 6F, div 6 (Proposed later 18
development plans) 19
Part 6F, division 6-- 20
omit, insert-- 21
s 31 48 s 31
Petroleum and Other Legislation Amendment
Bill (No. 2) 2004
`Division 6 Additional provisions for 1
development plans 2
`Subdivision 1 Additional requirements for 3
proposed later development plans 4
`77ZA Operation of sdiv 1 5
`This subdivision provides for additional requirements for a 6
proposed later development plan for a lease. 7
`77ZB Statement about interests of coal or oil shale 8
exploration tenement holder 9
`The proposed plan must include a statement of how the 10
effects on, and the interests of, any relevant overlapping or 11
adjacent coal or oil shale mining tenement holder have, or 12
have not, been considered, having regard to-- 13
(a) the main purposes of this part;23 and 14
(b) the CSG assessment criteria. 15
`77ZC Requirement to optimise petroleum production 16
`(1) The activities provided for under the proposed plan must seek 17
to optimise petroleum production in a safe and efficient way. 18
`(2) However, the activities must not adversely affect the future 19
safe and efficient mining of coal where it is commercially and 20
technically feasible not to do so. 21
`77ZD Consistency with coal or oil shale mining lease, 22
development plan and relevant coordination 23
arrangement 24
`If all or part of the area of the lease is in the area of a coal or 25
oil shale mining lease (the relevant land), the proposed plan 26
23 See section 76H (Main purposes of pt 6F).
s 32 49 s 32
Petroleum and Other Legislation Amendment
Bill (No. 2) 2004
must, to the extent it applies to the relevant land, be consistent 1
with-- 2
(a) the development plan for the mining lease; and 3
(b) any coordination arrangement relating to the relevant 4
land. 5
`Subdivision 2 Other additional provisions for 6
proposed later development plans 7
`77ZE Application of sdiv 2 8
`This subdivision applies if-- 9
(a) the Minister is considering whether to approve a 10
proposed later development plan for a lease; and 11
(b) the area of the lease includes all or part of the area of a 12
coal or oil shale mining tenement. 13
`78 Additional criteria for approval 14
`The matters that must be considered include-- 15
(a) the CSG assessment criteria; and 16
(b) the effect of any approval of the proposed plan on any 17
relinquishment condition for the lease.'. 18
Clause 32 Amendment of s 78B (Confidentiality obligations) 19
(1) Section 78B(1)(b)(i) to (iii)-- 20
renumber as section 78(1)(b)(ii) to (iv). 21
(2) Section 78B(1)(b)-- 22
insert-- 23
`(i) to someone whom the recipient has authorised to 24
carry out the authorised activities for the 25
recipient's 1923 Act petroleum tenure or coal or oil 26
shale mining tenement; or'. 27
s 33 50 s 36
Petroleum and Other Legislation Amendment
Bill (No. 2) 2004
Clause 33 Amendment of s 78F (Minister's power to require 1
additional security) 2
(1) Section 78F(1), `petroleum authority'-- 3
omit, insert-- 4
`1923 Act petroleum tenure'. 5
(2) Section 78F(1), `the authority'-- 6
omit, insert-- 7
`the tenure'. 8
Clause 34 Amendment of s 78M (Requirement for entry notice to 9
carry out authorised activities) 10
Section 78M(1), penalty, `100'-- 11
omit, insert-- 12
`500'. 13
Clause 35 Amendment of s 79P (General liability to compensate) 14
(1) Section 79P(2) from `relevant' to `land'-- 15
omit, insert-- 16
`owner or occupier of private or public land in the area of the 17
tenure'. 18
(2) Section 79P(5), definition relevant owner or occupier-- 19
omit. 20
Clause 36 Amendment of s 80A (Petroleum register) 21
Section 80A(1)-- 22
insert-- 23
`(c) trigger thresholds in relation to the make good 24
obligation for 1923 Act petroleum tenures.'. 25
s 37 51 s 41
Petroleum and Other Legislation Amendment
Bill (No. 2) 2004
Clause 37 Amendment of s 80J (Deciding application) 1
Section 80J-- 2
insert-- 3
`(6A) If the applicant does not comply with the requirement, the 4
application may be refused.'. 5
Clause 38 Amendment of s 80K (Criteria for decision) 6
Section 80K(1)-- 7
omit, insert-- 8
`(1) This section does not apply-- 9
(a) if, under section 80J(3), the approval must be granted; or 10
(b) to an exempt transfer under section 80J.'. 11
Clause 39 Amendment of s 80T (Types of noncompliance action 12
that may be taken) 13
Section 80T(1)(e), `1 000 penalty units'-- 14
omit, insert-- 15
`2 000 penalty units'. 16
Clause 40 Amendment of s 103 (Recovery of unpaid amounts) 17
Section 103-- 18
insert-- 19
`(2) In this section-- 20
holder includes a former holder of the tenure in relation to 21
which the remedial powers were exercised.'. 22
Clause 41 Amendment of s 151 (Unfinished authority to prospect 23
applications for which a Commonwealth Native Title Act, 24
s 29 notice has been given) 25
Section 151(6), definition initial work program 26
requirements-- 27
s 42 52 s 42
Petroleum and Other Legislation Amendment
Bill (No. 2) 2004
omit, insert-- 1
`initial work program requirements means the requirements 2
under sections 25A(1)(a) to (e) and 25B24 for a proposed 3
initial work program.'. 4
Clause 42 Insertion of new pt 10, sdiv 9A 5
Part 10, division 1-- 6
insert-- 7
`Subdivision 9A Provisions for existing Water Act 8
bores 9
`165A Exemption from, or deferral of, reporting provisions 10
for existing 1923 Act petroleum tenure holders 11
`(1) This section applies to the holder of any 1923 Act petroleum 12
tenure under which petroleum production is carried out before 13
30 June 2005. 14
`(2) The holder must, within 12 months after the 2004 Act start 15
day, lodge at the following office a statement about the need to 16
have an underground water impact report for the tenure-- 17
(a) the office of the department for lodging the statement, as 18
stated in a gazette notice by the chief executive; 19
(b) if no office is gazetted under paragraph (a)--the office 20
of the chief executive. 21
`(3) The chief executive may, after considering the statement, 22
decide whether an underground water impact report is 23
required for the tenure. 24
`(4) The chief executive may require the holder to give the chief 25
executive further information to enable the chief executive to 26
make a decision under subsection (3). 27
24 Sections 25A (General requirements) and 25B (Program period)
s 43 53 s 44
Petroleum and Other Legislation Amendment
Bill (No. 2) 2004
`(5) If the chief executive decides an underground water impact 1
report is not required, sections 75IM and 75IX25 are taken 2
never to have applied to the holder. 3
`(6) If the chief executive decides an underground water impact 4
report is required, the chief executive may decide a reasonable 5
time by which the report must be lodged. 6
`(7) If, under subsection (6), the chief executive decides a time, 7
section 75IM is taken not to apply to the holder until that time. 8
`(8) A decision under this section has no effect until the holder is 9
given notice of it. 10
`165B Make good obligation only applies for existing Water 11
Act bores on or from the 2004 Act start day 12
`Section 75IG26 only applies in relation to an existing Water 13
Act bore that was in existence on the 2004 Act start day or 14
came into existence after that day.'. 15
Clause 43 Amendment of s 181 (Confidentiality obligations) 16
(1) Section 181(1)(b)(i) to (iii)-- 17
renumber as section 181(1)(b)(ii) to (iv). 18
(2) Section 181(1)(b)-- 19
insert-- 20
`(i) to someone whom the recipient has authorised to 21
carry out the authorised activities for the 22
recipient's lease, MDL or MDL granted because of 23
the MDL application; or'. 24
Clause 44 Insertion of new pt 11 25
After section 182-- 26
insert-- 27
25 Sections 75IM (Lodging report) and 75IX (Obligation to lodge review reports)
26 Section 75IG (The make good obligation)
s 45 54 s 45
Petroleum and Other Legislation Amendment
Bill (No. 2) 2004
`Part 11 Transitional provisions for 1
Petroleum and Other 2
Legislation Amendment Bill 3
(No. 2) 2004 4
`183 S 86 water bores 5
`(1) This section applies for a water bore-- 6
(a) drilled with the permission of the Minister under the 7
1923 Act, section 86; and 8
(b) within the area of a 1923 Act petroleum tenure. 9
`(2) On and from the day the Petroleum and Other Legislation 10
Amendment Act (No. 2) 2004 commences, the water bore-- 11
(a) is taken to be a water supply bore under this Act; and 12
(b) may be transferred without complying with 13
section 75Q(2). 14
`184 Decommissioning wells and bores 15
`(1) Until 1 July 2005, subsection (2) applies to a well or bore 16
mentioned in section 75U instead of section 75U(4)(a). 17
`(2) The well or bore must be plugged and abandoned under this 18
Act, as the Act was immediately before the commencement of 19
this section.'. 20
Clause 45 Amendment of schedule 21
Schedule, after entry for section 53F-- 22
insert-- 23
`Provisions for existing
Water Act bores
75IQ Rejection of underground water impact report
75IT Requirement to lodge amended pre-closure report
s 46 55 s 48
Petroleum and Other Legislation Amendment
Bill (No. 2) 2004
75IZB Requirement to lodge amended review report
Water monitoring
authorities
75WN Decision to refuse amendment of water
monitoring authority or to grant water monitoring
authority subject to the applicant's written
agreement to the Minister amending the authority
in a stated way that the Minister considers
appropriate
Part 4 Amendment of Petroleum and 1
Gas (Production and Safety) 2
Act 2004 3
Clause 46 Act amended in pt 4 4
This part amends the Petroleum and Gas (Production and 5
Safety) Act 2004. 6
Clause 47 Amendment of s 11 (Meaning of LPG and fuel gas) 7
Section 11(1)(b)-- 8
omit, insert-- 9
`(b) is predominately propane, propylene or butane; and'. 10
Clause 48 Amendment of s 78A (Penalty relinquishment if work 11
program not completed within extended period) 12
(1) Section 78A, `that corresponds'-- 13
omit, insert-- 14
`that the Minister is satisfied corresponds'. 15
(2) Section 78A-- 16
insert-- 17
s 49 56 s 52
Petroleum and Other Legislation Amendment
Bill (No. 2) 2004
`(2) The holder must give the chief executive written notice of the 1
relinquishment within 20 business days after the end of the 2
extended period. 3
`(3) If the holder does not comply with subsection (2), the 4
Minister may take action under section 80T(1)(b).'. 5
Clause 49 Amendment of s 89 (Compliance with Act etc.) 6
Section 89(2)-- 7
insert-- 8
`(c) accompanied by the fee prescribed under a regulation.'. 9
Clause 50 Amendment of s 117 (Who may apply) 10
Section 117(1), after `holder'-- 11
insert-- 12
`or a 1923 Act ATP holder'. 13
Clause 51 Amendment of s 121 (Requirements for grant) 14
Section 121(1)-- 15
insert-- 16
`(h) the applicant has paid the annual rent for the first year of the 17
proposed lease; 18
(i) the applicant has given, under section 488, security for the 19
lease.'. 20
Clause 52 Amendment of s 227 (Storage rent payable by current 21
owner) 22
(1) Section 227(1), `the amount of'-- 23
omit. 24
(2) Section 227(2)(a)-- 25
omit, insert-- 26
s 53 57 s 53
Petroleum and Other Legislation Amendment
Bill (No. 2) 2004
`(a) the person ceases to be the current owner of any of the stored 1
petroleum or prescribed storage gas;'. 2
Clause 53 Amendment of s 234 (Arrangement to coordinate 3
petroleum activities) 4
(1) Section 234(1) and (2)-- 5
omit, insert-- 6
`(1) The following persons may make an arrangement about a 7
matter mentioned in subsection (2)-- 8
(a) the holder of a 1923 Act lease; 9
(b) the applicant for, or the holder of, a petroleum lease; 10
(c) the applicant for, or the holder of, a mining lease. 11
`(2) For subsection (1), the matters are-- 12
(a) the orderly-- 13
(i) production of petroleum from a natural 14
underground reservoir under more than 1 of the 15
leases; or 16
(ii) carrying out of an authorised activity for any of the 17
leases by any party to the arrangement; and 18
(b) petroleum production from more than 1 natural 19
underground reservoir under more than 1 of the leases.'. 20
(2) Section 234(3)(a), `subject to section 223,'-- 21
omit. 22
(3) Section 234(3)(b), `inconsistent with'-- 23
omit, insert-- 24
`inconsistent with, to the extent mentioned in 25
subsection (3A),'. 26
(4) Section 234-- 27
insert-- 28
`(3A) For subsection (3)(b), the arrangement may only be 29
inconsistent with 1 or more of the following-- 30
s 53 58 s 53
Petroleum and Other Legislation Amendment
Bill (No. 2) 2004
(a) when a petroleum lease holder must start petroleum 1
production under section 154(1); 2
(b) the development plan or the proposed development plan 3
for a lease mentioned in subsection (1); 4
(c) the conditions of the lease imposed under-- 5
(i) section 123(3); or 6
(ii) the Mineral Resources Act, section 276(1)(n) or 7
276(3).'. 8
(5) Section 234(6)-- 9
insert-- 10
`relevant lease means-- 11
(a) 2 or more petroleum leases; or 12
(b) 2 or more 1923 Act leases; or 13
(c) 1 or more petroleum leases and 1 or more 1923 Act 14
leases, in any combination; or 15
(d) 1 or more mining lease and 1 or more petroleum leases 16
or 1923 Act leases, in any combination. 17
18
Note--
19
1 Under the Mineral Resources Act, a coal mining lease
20
holder or oil shale mining lease holder has a limited
21
entitlement to mine and use incidental coal seam gas, which
22
is petroleum. See section 10 of this Act and the Mineral
23
Resources Act, part 7AA, division 8, subdivision 1.27
24
2 A coordination arrangement may provide for mining or
25
production from coextensive natural underground
26
reservoirs. See section 114 and the Mineral Resources Act,
27
section 318CQ.28'.
27 Section 10 (Meaning of petroleum)
Mineral Resources Act, part 7AA, division 8 (Additional provisions for coal mining
leases or oil shale mining leases), subdivision 1 (Entitlement to coal seam gas)
28 Section 114 and the Mineral Resources Act, section 318CQ (Coordination
arrangement may be made about mining or production from reservoir)
s 54 59 s 56
Petroleum and Other Legislation Amendment
Bill (No. 2) 2004
Clause 54 Amendment of s 236 (Ministerial approval of proposed 1
coordination arrangement) 2
Section 236(1)(a)-- 3
insert-- 4
`(iii) if the arrangement applies to land that is in the area 5
of a coal or oil shale mining tenement and in the 6
area of a petroleum lease or 1923 Act lease--the 7
arrangement clearly identifies the safety 8
responsibilities of each party to the arrangement in 9
relation to the land; and'. 10
Clause 55 Amendment of s 246 (When an existing Water Act bore is 11
unduly affected) 12
Section 246(2)-- 13
omit, insert-- 14
`(2) If the exceeding of the trigger threshold was caused by a 15
combination of any of the following activities the existing 16
water Act bore is unduly affected by each of the activities-- 17
(a) the taking of water necessarily taken as part of 18
petroleum production under 1 or more 1923 Act 19
petroleum tenures; 20
(b) the exercise, under this Act, of underground water rights 21
for 1 or more 2004 Act petroleum tenures.'. 22
Clause 56 Amendment of s 250 (The make good obligation) 23
Section 250-- 24
insert-- 25
`(5) However, if the petroleum tenure (the original tenure) ends 26
because it is divided under chapter 2-- 27
(a) subsection (2) does not apply for the original tenure; but 28
(b) subsection (1) applies to each petroleum tenure (the new 29
tenure) into which the original tenure was divided as if 30
any underground water rights exercised for any part of 31
s 57 60 s 59
Petroleum and Other Legislation Amendment
Bill (No. 2) 2004
the area of the original tenure that is in the area of the 1
new tenure were exercised for the new tenure.'. 2
Clause 57 Amendment of s 251 (Provisions for application of make 3
good obligation) 4
Section 251(2)-- 5
omit, insert-- 6
`(2) If the make good obligation under this Act or the 1923 Act 7
applies to more than 1 petroleum tenure holder or 1923 Act 8
petroleum tenure holder for the same existing Water Act bore, 9
the obligations apply to each of them jointly and severally.'. 10
Clause 58 Amendment of s 255 (Fixed trigger threshold applies for 11
all underground water rights) 12
Section 255(1), after `253(2)(a)'-- 13
insert-- 14
`or the 1923 Act, section 75IJ(2)(a) '. 29
15
Clause 59 Amendment of s 257 (Requirements for report) 16
(1) Section 257(1)(d) from `in combination with'-- 17
omit, insert-- 18
`in combination with-- 19
(i) the exercise of underground water rights of another 20
petroleum tenure holder; or 21
(ii) the taking of water necessarily taken as part of 22
petroleum production under a 1923 Act petroleum 23
tenure;'. 24
(2) Section 257(3)-- 25
omit, insert-- 26
29 1923 Act, section 75IJ (Request for trigger threshold and action on request)
s 60 61 s 60
Petroleum and Other Legislation Amendment
Bill (No. 2) 2004
`(3) If the underground water impact report is for a combination of 1
any of the following activities carried out by different persons, 2
it may state the liability, as between the persons, to comply 3
with the make good obligation under this Act or the 1923 Act 4
for each existing Water Act bore identified in the report if it is, 5
or becomes, unduly affected-- 6
(a) the exercise of the underground water rights for 1 or 7
more petroleum tenures; 8
(b) the taking of water necessarily taken as part of 9
petroleum production under 1 or more 1923 Act 10
petroleum tenures.'. 11
Clause 60 Amendment of s 261 (Obligation to lodge pre-closure 12
report) 13
(1) Section 261(1)(a), after `the tenure'-- 14
insert-- 15
`other than because it is divided under chapter 2'. 16
(2) Section 261(2)-- 17
renumber as section 261(3). 18
(3) Section 261-- 19
insert-- 20
`(2) However, if at any time before the last time by which the 21
holder can, under this Act, apply to renew the tenure, the 22
holder gives the chief executive a written declaration stating 23
that the holder intends to apply to renew the tenure, 24
subsection (1)-- 25
(a) only applies if-- 26
(i) the holder does not, before that time, make a 27
renewal application for the tenure; or 28
(ii) a renewal application for the tenure is rejected; and 29
(b) does not apply if a renewal application for the tenure is 30
granted, unless-- 31
(i) the holder makes a surrender application for the 32
tenure; or 33
s 61 62 s 63
Petroleum and Other Legislation Amendment
Bill (No. 2) 2004
(ii) the chief executive gives the holder a notice stating 1
that the holder must, at a stated time, lodge a 2
pre-closure report.'. 3
Clause 61 Amendment of s 264 (Effect of lodgment of report) 4
Section 264(1)-- 5
omit, insert-- 6
`(1) This section applies from the end of the petroleum tenure if 7
the former tenure holder-- 8
(a) was, under section 261, required to lodge a pre-closure 9
report; and 10
(b) has lodged a pre-closure report that complies with 11
section 262; and 12
(c) has complied with any requirement under section 263.'. 13
Clause 62 Amendment of s 273 (Application of sdiv 2) 14
Section 273, `to whom the make good obligation'-- 15
omit, insert-- 16
`or 1923 Act petroleum tenure holders to whom the make 17
good obligation under this Act or the 1923 Act'. 18
Clause 63 Amendment of s 274 (Applying to tribunal) 19
Section 274(2)-- 20
omit, insert-- 21
`(2) If the obligation arose because of a combination of any of the 22
following activities carried out by different persons each of 23
them must be a party to the application-- 24
(a) the exercise of the underground water rights for 1 or 25
more petroleum tenures; 26
(b) the taking of water necessarily taken as part of 27
petroleum production under 1 or more 1923 Act 28
petroleum tenures.'. 29
s 64 63 s 67
Petroleum and Other Legislation Amendment
Bill (No. 2) 2004
Clause 64 Amendment of s 275 (Provisions for making decision) 1
Section 275(4)(a)-- 2
omit, insert-- 3
`(a) the obligation arose because of a combination of any of 4
the following-- 5
(i) the exercise of the underground water rights for 6
1 or more petroleum tenures; 7
(ii) the taking of water necessarily taken as part of 8
petroleum production under 1 or more 1923 Act 9
petroleum tenures; and'. 10
Clause 65 Amendment of s 277 (Make good agreement or tribunal's 11
decision binds successors and assigns) 12
Section 277(1)(b)-- 13
omit, insert-- 14
`(b) each relevant petroleum tenure holder or 1923 Act 15
petroleum tenure holder; and'. 16
Clause 66 Amendment of s 281 (Requirements for drilling petroleum 17
well) 18
Section 281(2)-- 19
omit, insert-- 20
`(2) The requirements may include provisions to prevent the 21
drilling adversely affecting the carrying out of safe and 22
efficient mining or future mining of coal under the Mineral 23
Resources Act.'. 24
Clause 67 Amendment of s 292 (Obligation to decommission) 25
(1) Section 292(1)-- 26
omit, insert-- 27
`(1) This section applies to a person (the responsible person) who 28
holds a petroleum tenure on which there is a well, water 29
observation bore or water supply bore drilled by or for the 30
s 68 64 s 68
Petroleum and Other Legislation Amendment
Bill (No. 2) 2004
tenure holder or that has been transferred to the tenure 1
holder.'. 2
(2) Section 292(3)-- 3
omit, insert-- 4
`(3) However, subsection (2) does not apply-- 5
(a) for land that, under section 101(1),30 ceases to be in the 6
area of an authority to prospect; or 7
(b) if the tenure or authority ends because it is divided under 8
chapter 2.'. 9
(3) Section 292(4)(a)-- 10
omit, insert-- 11
`(a) it has been plugged and abandoned in the way prescribed 12
under a regulation; and'. 13
(4) Section 292(4)(b), before `the decommissioning'-- 14
insert-- 15
`for a bore--'. 16
(5) Section 292-- 17
insert-- 18
`(4A) Subsection (4)(b) applies only to the extent it is not 19
inconsistent with subsection (4)(a).'. 20
Clause 68 Amendment of s 306 (Content requirements for CSG 21
statement) 22
Section 306(2)(a), `comply'-- 23
omit, insert-- 24
`for activities of the plant that may affect future safe and 25
efficient mining of coal, comply'. 26
30 Section 101 (Area of authority to prospect reduced on grant of petroleum lease)
s 69 65 s 70
Petroleum and Other Legislation Amendment
Bill (No. 2) 2004
Clause 69 Amendment of s 378 (Applied provisions for making and 1
deciding renewal application) 2
(1) Section 378(1)(b)(iii)-- 3
omit, insert-- 4
`(iii) to a proposed initial development plan, an initial 5
development plan, a proposed development plan or a 6
development plan were a reference to a proposed later 7
development plan or a later development plan.'. 8
(2) Section 378(1)(b)-- 9
insert-- 10
`(iv) in section 314(5), to the ATP-related application 11
were a reference to the conditions of the renewed 12
lease.'. 13
(3) Section 378(2), definition adopted provisions, paragraph (b), 14
after `division 2'-- 15
insert-- 16
`(other than sections 346 and 347)'. 17
(4) Section 378(2), definition adopted provisions, paragraph (c), 18
after `division 3'-- 19
insert-- 20
`(other than sections 354 and 355)'. 21
Clause 70 Amendment of s 386 (Requirements for consultation with 22
particular coal or oil shale mining tenement holders) 23
Section 386(4)(a)-- 24
omit, insert-- 25
`(a) the operator gives the tenement holder a copy of the 26
relevant parts, mentioned in section 306(2)(a), of the 27
operator's proposed safety management plan for any 28
relevant operating plant the operator proposes to 29
operate; and'. 30
s 71 66 s 73
Petroleum and Other Legislation Amendment
Bill (No. 2) 2004
Clause 71 Amendment of s 531 (General liability to compensate) 1
(1) Section 531(2), from `relevant' to `land'-- 2
omit, insert-- 3
`owner or occupier of private or public land that is in the area 4
of, or is access land for, the petroleum authority'. 5
(2) Section 531(5), definition relevant owner or occupier-- 6
omit. 7
Clause 72 Amendment of s 546 (End of tenure report) 8
(1) Section 546(1), after `a petroleum tenure'-- 9
insert-- 10
`or water monitoring authority'. 11
(2) Section 546(1), `held the tenure'-- 12
omit, insert-- 13
`held the tenure or authority'. 14
(3) Section 546(1)(a)(i) and (vi), after `tenure'-- 15
insert-- 16
`or authority'. 17
(4) Section 546(1)(a)(iv), `section 690(1)(g)'-- 18
omit, insert-- 19
`section 690(1)(f)'. 20
Clause 73 Amendment of s 559 (Obligation to decommission 21
pipelines) 22
(1) Section 559-- 23
insert-- 24
`(2A) Also, subsection (1) does not apply for a pipeline if-- 25
(a) the petroleum authority is a pipeline licence; and 26
s 74 67 s 77
Petroleum and Other Legislation Amendment
Bill (No. 2) 2004
(b) the licence is surrendered or otherwise ends for the 1
purpose of the pipelines the subject of the licence 2
becoming the subject of another pipeline licence.'. 3
(2) Section 559(2A) and (3)-- 4
renumber as section 559(3) and (4). 5
Clause 74 Amendment of s 569 (Prohibited dealings) 6
Section 569(1)-- 7
insert-- 8
`(g) a transfer of a data acquisition authority, or of a share in 9
a data acquisition authority, other than a transfer by 10
operation of law under section 182.'. 11
Clause 75 Amendment of s 573 (Deciding application) 12
Section 573-- 13
insert-- 14
`(6A) If the applicant does not comply with the requirement, the 15
application may be refused.'. 16
Clause 76 Amendment of s 574 (Criteria for decision) 17
Section 574(1)-- 18
omit, insert-- 19
`(1) This section does not apply-- 20
(a) if, under section 573(3), the approval must be granted; 21
or 22
(b) to an exempt transfer under section 573.'. 23
Clause 77 Amendment of s 576 (Requirements for making surrender 24
application) 25
Section 576(2)-- 26
omit, insert-- 27
s 78 68 s 79
Petroleum and Other Legislation Amendment
Bill (No. 2) 2004
`(2) A surrender application must also be accompanied by a report 1
by the applicant, containing the information prescribed under 2
a regulation about-- 3
(a) authorised activities for the authority carried out on the 4
area the subject of the application; and 5
(b) the results of the activities. 6
Maximum penalty for subsection (2)--150 penalty units.'. 7
Clause 78 Amendment of s 589 (Recovery of unpaid amounts) 8
Section 589-- 9
insert-- 10
`(2) In this section-- 11
holder includes a former holder of the authority in relation to 12
which the remedial powers were exercised.'. 13
Clause 79 Replacement of s 591 (General exemptions from 14
petroleum royalty) 15
Section 591-- 16
omit, insert-- 17
`591 General exemptions from petroleum royalty 18
`(1) Petroleum produced on or after 31 December 2004 is exempt 19
from the petroleum royalty if the Minister is satisfied-- 20
(a) the petroleum was unavoidably lost before it could be 21
measured; or 22
(b) the petroleum was used-- 23
(i) if it was produced under a petroleum tenure or 24
1923 Act petroleum tenure--in the production of 25
petroleum from that tenure; or 26
(ii) if the petroleum is coal seam gas--for mining the 27
coal that produced the gas; or 28
(c) that, before the petroleum was produced in the State, it 29
was produced outside the State and injected or 30
s 79 69 s 79
Petroleum and Other Legislation Amendment
Bill (No. 2) 2004
reinjected into a natural underground reservoir in the 1
State; or 2
(d) the petroleum is petroleum on which petroleum royalty 3
has already been paid; or 4
(e) the petroleum was flared or vented as part of testing for 5
the presence of petroleum during the drilling of a well. 6
`(2) However-- 7
(a) subsection (1) ceases to apply if, under chapter 2, part 6, 8
division 3,31 the petroleum becomes the property of the 9
State; and 10
(b) subsection (1)(c) does not apply if, after the petroleum 11
royalty was paid, property in the petroleum is taken to 12
have passed to the State under chapter 2, part 6, 13
division 3. 14
`(3) Despite subsection (1)(b)(ii), if the first underground mining 15
of coal in a mining lease commenced before 31 December 16
2004, petroleum produced on the mining lease and used 17
beneficially for mining under the mining lease is exempt from 18
petroleum royalty. 19
`(4) However, subsection (5) applies if the petroleum mentioned in 20
subsection (1)(b)(ii) or subsection (3) is used to generate 21
electricity that is-- 22
(a) partly used for mining under the mining lease; and 23
(b) partly used for another purpose. 24
`(5) Subsection (1)(b)(ii) and subsection (3) apply only to the 25
proportion of the petroleum that is equivalent to the 26
proportion of the electricity generated from the petroleum that 27
is used for mining under the mining lease. 28
`(6) In this section-- 29
petroleum tenure includes a 1923 Act petroleum tenure.'. 30
31 Chapter 2, part 6, division 3 (Provisions for stored petroleum or prescribed storage
gas after petroleum lease ends)
s 80 70 s 80
Petroleum and Other Legislation Amendment
Bill (No. 2) 2004
Clause 80 Replacement of s 591A (Exemption for production 1
testing) 2
Section 591A-- 3
omit, insert-- 4
`591A Exemption for production testing 5
`(1) This section applies if-- 6
(a) under section 73 or 152,32 a petroleum tenure holder 7
carries out production testing in relation to a particular 8
petroleum well (the relevant well); or 9
(b) under a 1923 Act petroleum tenure, the tenure holder 10
carries out production testing in relation to a particular 11
petroleum well (also the relevant well). 12
`(2) If-- 13
(a) petroleum produced from the relevant well is coal seam 14
gas or natural gas; and 15
(b) the gas is flared or vented; and 16
(c) the gas is, within the period provided for under 17
subsection (3) produced as part of the production 18
testing; 19
petroleum royalty is only payable on the amount of the 20
petroleum flared or vented during the period that is more than 21
3 000 000 m3. 22
`(3) For subsection (2), the period is the shorter of the following-- 23
(a) the sum of all periods after the 2004 Act start day for 24
which, under section 73(2) or 152(2), or for a 1923 Act 25
petroleum tenure, under the tenure, the production 26
testing from the relevant well may be carried out; 27
(b) 13 months from the later of the following-- 28
(i) the start of the production testing from the relevant 29
well; 30
(ii) if the production testing had started before the 31
2004 Act start day, the 2004 Act start day.'. 32
32 Section 152 (Permitted period for production or storage testing)
s 81 71 s 84
Petroleum and Other Legislation Amendment
Bill (No. 2) 2004
Clause 81 Amendment of s 602 (Interest on unpaid petroleum 1
royalty or additional petroleum royalty) 2
Section 602-- 3
insert-- 4
`(4) The interest accrues daily on the amount for the period 5
starting on the day immediately after the amount became 6
payable and ending on the day the amount owing on which 7
interest is payable is paid in full, both days inclusive.'. 8
Clause 82 Amendment of s 670 (What is an operating plant) 9
(1) Section 670(6)-- 10
renumber as section 670(7). 11
(2) Section 670-- 12
insert-- 13
`(6) Also, an operating plant includes any part of the area of a 14
petroleum tenure or 1923 Act petroleum tenure on which 15
operating plant under subsections (2) to (5) are operated as 16
authorised activities for the tenure.'. 17
Clause 83 Amendment of s 673 (Who is the operator of an operating 18
plant) 19
(1) Section 673(4)-- 20
renumber as section 673(5). 21
(2) Section 673-- 22
insert-- 23
`(4) For an operating plant that, under section 670(6), is a part of 24
the area of a petroleum tenure or 1923 Act petroleum tenure, 25
the operator is the holder of the tenure.'. 26
Clause 84 Amendment of s 674 (Requirement to have safety 27
management plan) 28
Section 674-- 29
insert-- 30
s 85 72 s 85
Petroleum and Other Legislation Amendment
Bill (No. 2) 2004
`(5) Also, if section 705 applies for an operating plant, the safety 1
management plan must include a principal hazard 2
management plan.'. 3
Clause 85 Amendment of s 675 (Content requirements for safety 4
management plans) 5
(1) Section 675(1)(f)-- 6
omit, insert-- 7
`(f) if there is proposed, or there is likely to be, interaction 8
with other operating plant or contractors in the same 9
vicinity, or if there are multiple operating plant with 10
different operators on the same petroleum tenure-- 11
(i) a description of the proposed or likely interactions, 12
and how they will be managed; and 13
(ii) an identification of the specific risks that may arise 14
as a result of the proposed or likely interactions, 15
and how the risks will be controlled; and 16
(iii) an identification of the safety responsibilities of 17
each operator;'. 18
(2) Section 675(1)(g) and (h)-- 19
omit, insert-- 20
`(g) a skills assessment identifying the minimum skills, 21
knowledge, competencies and experience requirements 22
for each person to carry out specific work; 23
(h) a training and supervision program containing the 24
mechanism for imparting the skills, knowledge, 25
competencies and experience identified in paragraph (g) 26
and assessing new skills, monitoring performance and 27
ensuring ongoing retention of skill levels;'. 28
(3) Section 675(1)(n), `mechanism'-- 29
omit, insert-- 30
`mechanisms'. 31
(4) Section 675(1)(o)-- 32
omit. 33
s 86 73 s 87
Petroleum and Other Legislation Amendment
Bill (No. 2) 2004
(5) Section 675(1)(t), `paragraphs (a) to (o)'-- 1
omit, insert-- 2
`paragraphs (b) to (r)'. 3
Clause 86 Amendment of s 687 (Who is the executive safety 4
manager of an operation plant) 5
(1) Section 687-- 6
insert-- 7
`(2A) For an operating plant mentioned in section 670(6), the 8
executive safety manager is the senior managing officer of the 9
principal tenure holder.'. 10
(2) Section 687(4)-- 11
insert-- 12
`principal tenure holder for an operating plant mentioned in 13
section 670(6) is the holder nominated as the principal tenure 14
holder by the holders of the tenure.'. 15
Clause 87 Insertion of new ch 9, pt 4, div 7 16
In chapter 9, part 4, after section 708-- 17
insert-- 18
`Division 7 Obligation to comply with safety 19
requirements and instructions 20
`708A Offence not to comply with safety requirement 21
`(1) A person must comply with all safety requirements. 22
Maximum penalty--500 penalty units. 23
`(2) Subsection (1) does not apply in relation to sections 696, 697, 24
733 and 734. 25
s 87 74 s 87
Petroleum and Other Legislation Amendment
Bill (No. 2) 2004
`708B Chief inspector may issue safety alerts and 1
instructions 2
`(1) A safety alert is advisory only and may recommend that a 3
person or the general public do or not do something. 4
`(2) A safety instruction is a direction requiring a person or the 5
general public to do or not do something. 6
`(3) If the chief inspector believes there is a specific safety issue in 7
relation to the petroleum or fuel gas industry, the chief 8
inspector may issue a safety alert or safety instruction to 9
particular persons or the general public. 10
`(4) A safety alert or safety instruction-- 11
(a) must relate to a specific safety issue in relation to the 12
petroleum or fuel gas industry; and 13
(b) may be inconsistent with relevant safety requirements. 14
`(5) If a safety instruction is inconsistent with a relevant safety 15
requirement the safety instruction prevails. 16
`(6) A safety alert or safety instruction is issued by-- 17
(a) if the announcement is to particular persons--giving 18
written notice of the announcement to the persons; or 19
(b) if the advice is to the general public in a particular 20
area--by publishing notice of the advice in a newspaper 21
circulating in the area; or 22
(c) if the advice is to the general public throughout the 23
State--by publishing notice of the advice in a 24
newspaper circulating in each city in the State. 25
`(7) A safety instruction must also be published in the gazette. 26
`(8) A safety instruction stays in force until the earliest of the 27
following-- 28
(a) the expiration of 6 months after the day it is made; 29
(b) the chief inspector cancels the instruction; 30
(c) a regulation replaces the instruction. 31
`(9) A safety instruction may be amended by the chief inspector 32
while the instruction is in force, but an amendment can not 33
extend the 6 months mentioned in subsection (8)(a). 34
s 88 75 s 90
Petroleum and Other Legislation Amendment
Bill (No. 2) 2004
`(10) A person to whom a safety instruction applies must comply 1
with the instruction, unless the person has a reasonable 2
excuse. 3
Maximum penalty--100 penalty units.'. 4
Clause 88 Amendment of s 724 (Types of gas device) 5
Section 724(3)(d)-- 6
omit. 7
Clause 89 Amendment of s 728 (Who may apply) 8
Section 728(3)-- 9
omit, insert-- 10
`(3) If the applicant is an individual, the application may also seek 11
an endorsement on any gas work licence issued that its holder 12
also carries out work in relation to gases other than fuel gases. 13
14
Examples--
15
An endorsement that the holder carries out work in relation to the use of
16
hydrogen as transport fuel or the use of oxygen for medical purposes.'.
Clause 90 Replacement of s 728B (Interim licence or authorisation) 17
Section 728B-- 18
omit, insert-- 19
`728B Interim licence or authorisation 20
`(1) This section applies if the chief inspector considers that the 21
applicant has not adequately demonstrated that the applicant 22
has the competencies and skills to hold the gas work licence 23
or authorisation applied for. 24
`(2) The chief inspector may grant the applicant an interim gas 25
work licence or authorisation (the interim authority). 26
`(3) The chief inspector may impose conditions on the interim 27
authority. 28
`(4) The interim authority must be for a stated term of no more 29
than 1 year. 30
s 91 76 s 92
Petroleum and Other Legislation Amendment
Bill (No. 2) 2004
`(5) The chief inspector may extend the term of the interim 1
authority to a term that ends no more than 1 year after the end 2
of its term as stated in the authority. 3
`(6) However, the chief inspector may extend the term more than 4
once only if satisfied exceptional circumstances justify the 5
further extension. 6
`(7) If, within the term of the interim authority, the chief inspector 7
considers the applicant has adequately demonstrated that the 8
applicant has the competencies and skills to hold the gas work 9
licence or authorisation applied for, the chief inspector 10
must-- 11
(a) grant the application; and 12
(b) cancel the interim authority. 13
`(8) Otherwise, the chief inspector must refuse the application at 14
the end of the term of the interim authority.'. 15
Clause 91 Amendment of s 876 (Conversion on 2004 Act start day) 16
Section 876(c), `the work program'-- 17
omit, insert-- 18
`a later work program'. 19
Clause 92 Amendment of s 881 (Additional conditions for renewal 20
application) 21
Section 881(2)-- 22
omit, insert-- 23
`(2) A converted ATP holder can not apply to renew the converted 24
ATP if section 87833 applies and the relinquishment condition 25
under that section has not been complied with. 26
`(3) However, to the extent the application is for a whole 27
sub-block in the area of a petroleum lease or 1923 Act lease, 28
the application is invalid.'. 29
33 Section 878 (Relinquishment condition if converted ATP includes a reduction
requirement)
s 93 77 s 95
Petroleum and Other Legislation Amendment
Bill (No. 2) 2004
Clause 93 Insertion of new s 911A 1
Chapter 15, part 3, division 7, subdivision 1-- 2
insert-- 3
`911A Provision for continuance of 1923 Act make good 4
obligation 5
`The make good obligation for the replacement tenure applies 6
as if a reference in this Act to the exercise of underground 7
water rights for the replacement tenure included a reference to 8
the taking of water necessarily taken as part of petroleum 9
production under the existing tenure.'. 10
Clause 94 Amendment of s 926 (Provisions for petroleum royalty) 11
(1) Section 926(2), `the production'-- 12
omit, insert-- 13
`actual payment of the royalty'. 14
(2) Section 926(3), `production testing approved'-- 15
omit, insert-- 16
`petroleum flared or vented under an approval given'. 17
Clause 95 Amendment of s 927 (Corresponding approvals and 18
decisions under 1923 Act for a converted petroleum 19
authority) 20
(1) Section 927(1)(a)-- 21
omit, insert-- 22
`(a) about any of the following under the 1923 Act-- 23
(i) an authority to prospect; 24
(ii) a petroleum lease; 25
(iii) a pipeline licence; 26
(iv) a refinery permission.'. 27
(2) Section 927(4), `is taken be'-- 28
s 96 78 s 99
Petroleum and Other Legislation Amendment
Bill (No. 2) 2004
omit, insert-- 1
`is also taken to be'. 2
Clause 96 Amendment of s 931 (References in Acts and documents 3
to 1923 Act) 4
Section 931(2)-- 5
omit, insert-- 6
`(2) However, subsection (1) does not apply if the reference is in 7
relation to a 1923 Act petroleum tenure-- 8
(a) that, on the 2004 Act start day, does not become a 9
converted petroleum tenure; or 10
(b) until the tenure becomes a replacement tenure, on or 11
after the commencement of the Petroleum and Other 12
Legislation Amendment Act (No. 2) 2004.'. 13
Clause 97 Omission of s 935 (Continuation of petroleum royalty 14
exemption for flaring or venting under 1923 Act) 15
Section 935-- 16
omit. 17
Clause 98 Amendment of s 937 (Existing operating plant) 18
Section 937(1) to (3)-- 19
omit, insert-- 20
`(1) Until 1 July 2005, chapter 9, parts 2 and 4, (other than part 4, 21
division 7) do not apply to plant operated, or an activity 22
carried out, under this Act.'. 23
Clause 99 Insertion of new ch 15, pt 5 24
After section 938-- 25
insert-- 26
s 99 79 s 99
Petroleum and Other Legislation Amendment
Bill (No. 2) 2004
`Part 5 Transitional provisions for 1
Petroleum and Other 2
Legislation Amendment Bill 3
(No. 2) 2004 4
`938A Pipeline licences 5
`(1) This section applies for a pipeline licence that became a 6
converted licence under section 916(2)(a). 7
`(2) On the day the Petroleum and Other Legislation Amendment 8
Act (No. 2) 2004 commences, the converted licence becomes a 9
point to point pipeline licence under this Act. 10
`938B Requests for pipeline licences 11
`(1) This section applies for a request mentioned in section 917 12
that has not been decided before the day the Petroleum and 13
Other Legislation Amendment Act (No. 2) 2004 commences. 14
`(2) On the day that Act commences, the request is taken to be a 15
request for a point to point pipeline licence under this Act. 16
`938C 1923 Act water bores 17
`(1) Subsection (2) applies for a water bore-- 18
(a) drilled with the permission of the Minister under the 19
1923 Act, section 86; and 20
(b) within the area of a converted petroleum tenure. 21
`(2) On and from the day the Petroleum and Other Legislation 22
Amendment Act (No. 2) 2004 commences, the water bore-- 23
(a) is taken to be a water supply bore under this Act; and 24
(b) may be transferred without complying with 25
section 288(3). 26
`(3) Subsection (4) applies for a water bore-- 27
(a) drilled with the permission of the Minister under the 28
1923 Act, section 86; and 29
s 100 80 s 100
Petroleum and Other Legislation Amendment
Bill (No. 2) 2004
(b) within the area of a replacement tenure. 1
`(4) On and from the day the area becomes a replacement tenure, 2
the water bore-- 3
(a) is taken to be a water supply bore under this Act; and 4
(b) may be transferred without complying with 5
section 288(3). 6
`938D Decommissioning wells and bores 7
`(1) Until 1 July 2005, subsection (2) applies to a well or bore 8
mentioned in section 292 instead of section 292(4)(a). 9
`(2) The well or bore must be plugged and abandoned under the 10
1923 Act, as the 1923 Act was immediately before the 11
commencement of this section.'. 12
Clause 100 Amendment of sch 2 (Dictionary) 13
(1) Schedule 2-- 14
insert-- 15
`coal or oil shale mining lease means a coal mining lease or 16
oil shale mining lease under the Mineral Resources Act. 17
converted petroleum tenure see section 872. 18
replacement tenure see section 908. 19
review report means a report under section 267.'. 20
(2) Schedule, definition make good obligation, `section 250(3)'-- 21
omit, insert-- 22
`section 250(4)'. 23
s 101 81 s 104
Petroleum and Other Legislation Amendment
Bill (No. 2) 2004
Part 5 Amendment of Water Act 2000 1
Clause 101 Act amended in pt 5 2
This part amends the Water Act 2000. 3
Clause 102 Amendment of s 203 (Definitions for pt 6) 4
Section 203, definition priority group, after `2004'-- 5
insert-- 6
`or the carrying out of authorised activities under the 7
Petroleum Act 1923'. 8
Clause 103 Amendment of s 206 (Applying for a water licence) 9
Section 206(5)(a)(i), after `2004'-- 10
insert-- 11
`or is water necessarily produced as a result of the carrying 12
out of authorised activities under the Petroleum Act 1923'. 13
Clause 104 Amendment of s 227 (Cancelling water licence) 14
(1) Section 227(2)-- 15
omit, insert-- 16
`(2) Without limiting subsection (1), the chief executive may 17
cancel a water licence granted to a petroleum tenure holder 18
if-- 19
(a) the petroleum tenure ends; or 20
(b) if the petroleum tenure is a petroleum tenure under the 21
Petroleum and Gas (Production and Safety) Act 22
2004--the licensee ceases to carry out, under that Act, 23
any of the following and has not stored an appropriate 24
amount of associated water under that Act-- 25
(i) approved testing for petroleum production; 26
(ii) petroleum production for commercial purposes; or 27
s 105 82 s 105
Petroleum and Other Legislation Amendment
Bill (No. 2) 2004
(c) if the petroleum tenure is an authority to prospect under 1
the Petroleum Act 1923, the licensee-- 2
(i) ceases to carry out, under that Act, testing for 3
petroleum production in accordance with the 4
instrument for the authority to prospect; and 5
(ii) has not stored an appropriate amount of associated 6
water under that Act; or 7
(d) if the petroleum tenure is a petroleum lease under the 8
Petroleum Act 1923, the licensee-- 9
(i) ceases to carry out, under that Act, petroleum 10
production for commercial purposes; and 11
(ii) has not stored an appropriate amount of associated 12
water under that Act.'. 13
Part 6 Minor amendments 14
Clause 105 Minor amendments 15
The schedule amends the Acts it mentions. 16
83
Petroleum and Other Legislation Amendment
Bill (No. 2) 2004
Schedule Minor amendments of Acts 1
section 105 2
Coal Mining Safety and Health Act 1999 3
1 Schedule 2, part 1, item 2B, `drill holes'-- 4
omit, insert-- 5
`boreholes'. 6
2 Schedule 3, definition coal mining operations, 7
`incidental'-- 8
omit. 9
3 Schedule 3, definition surface mine, paragraph (b), 10
example, `incidental'-- 11
omit. 12
4 Schedule 3, definition underground mine, example, 13
`incidental'-- 14
omit. 15
Environmental Protection Act 16
5 Section 78, after `to which the'-- 17
insert-- 18
`activity,'. 19
84
Petroleum and Other Legislation Amendment
Bill (No. 2) 2004
Schedule 1 (continued)
6 Section 96-- 1
omit, insert-- 2
`96 Deciding applications 3
`The administering authority must, within 20 business days 4
after the application date, decide to grant or refuse the 5
application.'. 6
Mineral Resources Act 1989 7
7 Section 742, `part'-- 8
omit, insert-- 9
`division'. 10
8 Part 7AA, `coal mining lease or oil shale mining lease'-- 11
omit, insert-- 12
`coal or oil shale mining lease'. 13
9 Part 7AA, `coal mining lease holder or oil shale mining 14
lease holder'-- 15
omit, insert-- 16
`coal or oil shale mining lease holder'. 17
10 Schedule-- 18
insert-- 19
`coal or oil shale mining lease means a coal mining lease or 20
oil shale mining lease.'. 21
85
Petroleum and Other Legislation Amendment
Bill (No. 2) 2004
Schedule 1 (continued)
Petroleum Act 1923 1
11 Section 25L(2)(a), `renewed'-- 2
omit, insert-- 3
`replaced'. 4
12 Section 40A(2), `to happen'-- 5
omit. 6
13 Section 74Q(5), `work program'-- 7
omit, insert-- 8
`development plan'. 9
14 Section 74S(4), incidental'-- 10
omit. 11
15 Section 74X(1)(a) and (b), `authority'-- 12
omit, insert-- 13
`tenure'. 14
16 Section 76B(5)(b), `subsection (2)'-- 15
omit, insert-- 16
`subsection (3)'. 17
17 Sections 76I(1)(b), 76O(c), 76Q, 76V(1)(b), 77Z(1) and 154 18
and part 6F, division 2, subdivision 2, heading, `coal 19
mining lease or oil shale mining lease'-- 20
omit, insert-- 21
`coal or oil shale mining lease'. 22
86
Petroleum and Other Legislation Amendment
Bill (No. 2) 2004
Schedule 1 (continued)
18 Section 76J(2), `renewal'-- 1
omit, insert-- 2
`granting or renewal'. 3
19 Section 76J(2), `renewed'-- 4
omit, insert-- 5
`granted or renewed'. 6
20 Part 6F, division 3, subdivision 1, heading-- 7
omit. 8
21 Section 76T, heading, `sdiv 1'-- 9
omit, insert-- 10
`div 3'. 11
22 Section 76T, `subdivision'-- 12
omit, insert-- 13
`division'. 14
23 Part 6F, division 4, subdivision 3, heading, `conditions'-- 15
omit, insert-- 16
`other conditions'. 17
24 Section 78D(2)(c), `this Act'-- 18
omit, insert-- 19
`this Act or the 2004 Act'. 20
87
Petroleum and Other Legislation Amendment
Bill (No. 2) 2004
Schedule 1 (continued)
25 Section 78V(3), `occupier'-- 1
omit, insert-- 2
`occupiers'. 3
26 Section 79K(2)(b), `petroleum'-- 4
omit. 5
27 Section 79M(1), `tenure or'-- 6
omit, insert-- 7
`tenure, a 2004 Act petroleum authority or'. 8
28 Section 79N, `Act or'-- 9
omit, insert-- 10
`Act, a 2004 Act lease or'. 11
29 Section 79O(1), from `is an authority' to `mining lease'-- 12
omit, insert-- 13
`is not a mining lease, a 2004 Act lease or a petroleum lease'. 14
30 Section 79Q(4)(b), example 2, `petroleum lease'-- 15
omit, insert-- 16
`lease'. 17
31 Section 79X(1), `on land'-- 18
omit, insert-- 19
`land'. 20
88
Petroleum and Other Legislation Amendment
Bill (No. 2) 2004
Schedule 1 (continued)
32 Section 79X(4)(b), `sale'-- 1
omit, insert-- 2
`a power of sale'. 3
33 Section 80(4)(b), `sale'-- 4
omit, insert-- 5
`a power of sale'. 6
34 Section 155(1) `the work program'-- 7
omit, insert-- 8
`a later work program'. 9
Petroleum and Gas (Production and Safety) Act 2004 10
35 Sections 15(2), 93(1)(b), 113(a), 296(1)(b), 303(c), 11
306(1)(b), 307(1)(a)(ii), 315 to 317, 335(1)(a)(ii), 340(3)(b), 12
343, 344, 351, 359, 365(1)(a), 378(2), 379(1) and 383, 13
chapter 3, part 2, division 1, subdivision 5, chapter 3, part 14
3, division 2, headings and schedule 2, definition 15
petroleum producer, `coal mining lease or oil shale 16
mining lease'-- 17
omit, insert-- 18
`coal or oil shale mining lease'. 19
36 Section 40(1)(b)(ii), `lease'-- 20
omit, insert-- 21
`authority'. 22
89
Petroleum and Other Legislation Amendment
Bill (No. 2) 2004
Schedule 1 (continued)
37 Section 178(7)(a), `first year of the renewed'-- 1
omit. 2
38 Section 184A, `annual'-- 3
omit. 4
39 Section 192(6)(a), `renewed'-- 5
omit. 6
40 Section 197, `subdivision'-- 7
omit, insert-- 8
`division'. 9
41 Sections 234, 348, 349(1), 350(1)(a), 351(a) and 378(2), 10
chapter 3, part 3, divisions 2 and 3 and chapter 3, part 4, 11
division 2, headings, `coal mining lease holder or oil 12
shale mining lease holder'-- 13
omit, insert-- 14
`coal or oil shale mining lease holder'. 15
42 Section 256(2)(b), after `petroleum tenures'-- 16
insert-- 17
`or 1923 Act petroleum tenures'. 18
43 Section 269(2), `that effect'-- 19
omit, insert-- 20
`that the effect'. 21
90
Petroleum and Other Legislation Amendment
Bill (No. 2) 2004
Schedule 1 (continued)
44 Section 288(3)(a)-- 1
omit. 2
45 Section 305(2)(c) and (3), `, division 1'-- 3
omit. 4
46 Sections 315(1)(a), 316(2) and 317(2), `coal mining lease 5
application or an oil shale mining lease application'-- 6
omit, insert-- 7
`coal or oil shale mining lease application'. 8
47 Section 379(1), after `applies'-- 9
insert-- 10
`, despite chapter 5, part 10,'. 11
48 Section 383A(b), `coal mining tenement or oil shale 12
mining tenement'-- 13
omit, insert-- 14
`coal or oil shale mining tenement'. 15
49 Section 388(1)(c), `mineable coal seams'-- 16
omit, insert-- 17
`coal'. 18
50 Section 441(2), `that relate to the native title'-- 19
omit. 20
51 Section 471(2), `to enter the land'-- 21
omit. 22
91
Petroleum and Other Legislation Amendment
Bill (No. 2) 2004
Schedule 1 (continued)
52 Section 489(1), `may'-- 1
omit, insert-- 2
`may, at any time,'. 3
53 Section 497(3), note-- 4
omit. 5
54 Section 513(3), `occupier' 6
omit, insert-- 7
`occupiers'. 8
55 Section 528(1), `authority or'-- 9
omit, insert-- 10
`authority, a 1923 Act petroleum tenure or'. 11
56 Sections 529 and 530(1), `mining or'-- 12
omit, insert-- 13
`mining lease, a 1923 Act lease or a'. 14
57 Section 539(1), `on land'-- 15
omit, insert-- 16
`land'. 17
58 Section 539(4)(b) and 542(4)(b), `sale'-- 18
omit, insert-- 19
`a power of sale'. 20
92
Petroleum and Other Legislation Amendment
Bill (No. 2) 2004
Schedule 1 (continued)
59 Section 553(2), `subsection (1)(b)'-- 1
omit, insert-- 2
`subsection (1)'. 3
60 Section 562(b), `3 and 4'-- 4
omit, insert-- 5
`3, 4 and 9'. 6
61 Section 690(1)(e) to (g)-- 7
renumber as 690(1)(e) to (h). 8
62 Section 728C(4)-- 9
omit. 10
63 Section 733(3), `if'-- 11
omit, insert-- 12
`only if'. 13
64 Section 799A(3), `to prospect'-- 14
omit. 15
65 Section 872, definition relevant 1923 Act ATP, second 16
occurring, `ATP'-- 17
omit, insert-- 18
`lease'. 19
93
Petroleum and Other Legislation Amendment
Bill (No. 2) 2004
Schedule 1 (continued)
66 Sections 877(1)(b) and 903(1)(b), `coal mining lease or oil 1
shale mining lease'-- 2
omit, insert-- 3
`coal or oil shale mining tenement'. 4
67 Section 896(2), `schedule 4'-- 5
omit, insert-- 6
`schedule 2'. 7
68 Section 898(1), `898'-- 8
omit, insert-- 9
`897'. 10
69 Section 910(2)(c)(ii), `1923 Act lease'-- 11
omit, insert-- 12
`1923 Act lease holder'. 13
70 Section 922(5), `1923 Act former'-- 14
omit, insert-- 15
`former 1923 Act'. 16
71 Section 934A(1), all words after `tenure'-- 17
omit, insert-- 18
`under which petroleum production is carried out before 19
30 June 2005.'. 20
72 Section 934A(7), `subsection (5)'-- 21
omit, insert-- 22
`subsection (6)'. 23
94
Petroleum and Other Legislation Amendment
Bill (No. 2) 2004
© State of Queensland 2004
AMENDMENTS TO BILL
1
Petroleum and Other Legislation Amendment
Bill (No. 2) 2004
Petroleum and Other Legislation
Amendment Bill (No. 2) 2004
Amendments agreed to during Consideration
1 After clause 8--
At page 12, after line 7--
insert--
`8A Amendment of s 756 (Application of sdiv 8)
Section 756--
insert--
`(2) Sections 757 to 759 also apply for any coal or oil shale mining
lease granted for an application made before 31 December
2004 if the land the subject of the application was not in the
area of a petroleum tenure.
`(3) For applying subsection (2), the definition relevant period in
section 758(4) is taken to be as follows--
relevant period means 6 months after the first anniversary of
the grant of the lease.'.'.
2 Clause 49--
At page 56, line 6, `Compliance with Act etc.'--
omit, insert--
`Applying for potential commercial area'.
3 Clause 67--
At page 64, lines 14 to 20--
omit, insert--
`(4) Section 292(4)(b), before `about the decommissioning'--
insert--
2
Petroleum and Other Legislation Amendment
Bill (No. 2) 2004
`for the well or bore'.'.
4 Clause 86--
At page 73, line 5, `operation'--
omit, insert--
`operating'.
5 Schedule 1--
At page 84, after line 6--
insert--
`Forestry Act 1959
`6A Section 5, definition Mining Acts, `, Petroleum and Gas
(Production and Safety Act 2004'--
omit.
6 Schedule 1--
At page 85, after line 1--
insert--
`10A Section 25G(2)(d)(ii), `573'--
omit, insert--
`25J'.
7 Schedule 1--
At page 85, after line 6--
insert--
`12A Section 74B(2), `does'--
omit, insert--
`does not'.
3
Petroleum and Other Legislation Amendment
Bill (No. 2) 2004
`12B Section 74O, note 3, `subdivision 3'--
omit, insert--
`subdivision 2'.
`12C Section 74Q(1), note 1, `subdivision 3'--
omit, insert--
`subdivision 2'.'.
8 Schedule 1--
At page 85, after line 11--
insert--
`14A Section 74V(3)(b), `lease'--
omit, insert--
`tenure'.'.
9 Schedule 1--
At page 92, after line 15--
insert--
`64A Section 802(1)(a)(i)--
omit, insert--
`(i) carried out under this Act or the 1923 Act and
under the authority of a petroleum tenure or a 1923
Act petroleum tenure; or'.'.
10 Schedule 1--
At page 93, after line 4--
insert--
4
Petroleum and Other Legislation Amendment
Bill (No. 2) 2004
`66A Section 878(4), `2004'--
omit, insert--
`1923'.
`66B Section 893, `lease numbered 195'--
omit, insert--
`leases numbered 194, 195, 198, 209, 220 and 226'.'.
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