MINERAL AND ENERGY RESOURCES (COMMON PROVISIONS) ACT 2014 - As at 1 February 2024 - Act 47 of 2014
- As at 1 February 2024
- Act 47 of 2014
Table of Provisions
CHAPTER 1 - PRELIMINARY
PART 1 - INTRODUCTION
- 1 Short title
- 2 Commencement
PART 2 - PURPOSES AND APPLICATION OF ACT
- 3 Main purposes
- 4 How main purposes are achieved
- 5 Act binds all persons
- 6 Relationship with Resource Acts
- 7 Reference to a Resource Act includes reference to this Act
PART 3 - INTERPRETATION
Division 1 - Dictionary
CHAPTER 2 - DEALINGS, CAVEATS AND ASSOCIATED AGREEMENTS
- 16 What is a dealing
- 17 Prescribed dealings require approval of Minister and registration
- 17A Notifiable dealings require notice to chief executive and registration
- 18 Prohibited dealings have no effect
- 19 Application for Minister’s approval of prescribed dealing
- 19A Rejection of application if intended transferee disqualified
- 19B Notice to chief executive to register notifiable dealing
- 20 Unpaid royalties prevent registration of dealing
- 21 Failure to pay contribution to scheme fund or give surety prevents registration of dealing
- 22 Security may be required
- 23 Indication of Minister’s approval to register
- 23A Effect of registration and Minister’s approval
PART 2 - CAVEATS
- 24 Definition for part
- 25 Lodging of caveat
- 26 Effect of lodging caveat
- 27 Lapsing of caveat
- 28 Withdrawal or removal of caveat
- 29 Recording of lapsing, withdrawal or removal of caveat
- 30 Further caveat not available to same person
- 31 Compensation for lodging caveat without reasonable cause
PART 3 - ASSOCIATED AGREEMENTS
- 32 What is an associated agreement
- 33 Recording associated agreements
- 34 Effect of recording associated agreements
- 35 Removing associated agreements from register
CHAPTER 3 - LAND ACCESS
PART 1 - LAND ACCESS CODES
- 36 Making of land access codes
Division 1 - Application of part
Division 2 - Entry for authorised activities and access requires entry notice
- 38 Application of division
- 39 Obligation to give entry notice to owners and occupiers
- 40 Exemptions from obligations
- 41 Approval to give entry notices by publication
- 42 Right to give waiver of entry notice
Division 3 - Entry for advanced activities requires agreement
- 43 Carrying out advanced activities on private land requires agreement
- 44 Deferral agreements
- 45 Right to elect to opt out
Subdivision 1 - Application
- 46 Application of division
Subdivision 2 - Access rights and access agreements
- 47 Limited access to private land outside authorised area
- 48 Owner or occupier must not unreasonably refuse to make access agreement
- 49 Criteria for deciding whether access is reasonable
- 50 Additional topics for access agreements
- 51 Other rights to grant entry not affected
Subdivision 3 - Land Court resolution
- 52 Power of Land Court to decide access agreement
- 53 Power of Land Court to vary access agreement
Division 5 - Periodic report after entry of land
- 54 Report to owners and occupiers
Division 6 - (Repealed)
- 56 Application of division
- 57 What is a periodic entry notice
- 58 Entry to public land to carry out authorised activity is conditional
- 59 Conditions public land authority may impose
- 60 Right to give waiver of entry notice
Division 2 - Notifiable road use
- 61 Application of division
- 62 What is a notifiable road use
- 63 Use of public roads for notifiable road use
- 64 Directions about notifiable road use
- 65 Exemptions from div 2
PART 4 - RESTRICTED LAND
Division 1 - Preliminary
Subdivision 1 - Application
- 66 Application of part
Subdivision 2 - Interpretation
- 67 Definitions for part
- 68 What is restricted land
- 69 Who is a relevant owner or occupier
Division 2 - Entry for particular authorised activities requires consent
- 70 Consent required for entry on restricted land
71. (Repealed)
Division 3 - Land court declarations
- 72 Application to Land Court for declaration
PART 4A - REHABILITATION AND ENVIRONMENTAL MANAGEMENT
- 72A Application of part
- 72B Right of access for authorised activities includes access for rehabilitation and environmental management
PART 5 - OTHER RESOURCE AUTHORITIES’ AUTHORISED AREAS
PART 6 - ENDURING EFFECT OF PARTICULAR AGREEMENTS, NOTICES AND WAIVERS
- 77 Access agreements, entry notices and waivers not affected by dealing
- 78 Entry notice and waivers not affected by change in ownership or occupancy
- 79 Written access agreement binds successors and assigns
PART 7 - COMPENSATION AND NEGOTIATED ACCESS
Division 1 - Compensation relating to private and public land
- 80 Application of division
- 81 General liability to compensate
Division 2 - Conduct and compensation agreements
Subdivision 1 - Application of division
- 82 Application of division
Subdivision 2 - Making of conduct and compensation agreement
- 83 Conduct and compensation agreement
Subdivision 2A - Conferences with an authorised officer
- 83A Party may request conference
- 83B Conduct of conference
Subdivision 3 - Negotiation and ADR
- 84 Notice of intent to negotiate
- 85 Negotiations
- 86 No entry to land during minimum negotiation period
- 87 Cooling-off during minimum negotiation period
- 88 Party may seek ADR
- 89 Conduct of ADR
- 90 Non-attendance at ADR
- 91 Recovery of negotiation and preparation costs
Subdivision 3A - Arbitration
- 91A Party may request arbitration
- 91B Arbitrator’s functions
- 91D Application of Commercial Arbitration Act 2013
- 91E Costs of arbitration
- 91F Effect of arbitrator’s decision
Subdivision 4 - Recording particular agreements
- 92 Particular agreements to be recorded on titles
Division 3 - Compensation for notifiable road uses
- 93 Liability to compensate public road authority
- 94 Road compensation agreement
95. (Repealed)
Division 4 - Land Court jurisdiction
Subdivision 1 - Conduct and compensation
- 96 Party may apply to Land Court
- 96A Applications may be heard together
- 96B Negotiation and preparation costs
- 97 Orders Land Court may make
Subdivision 2 - Additional jurisdiction
- 98 Additional jurisdiction for compensation, conduct and related matters
- 99 Jurisdiction to impose or vary conditions
- 99A Jurisdiction to decide alleged breach of conduct and compensation agreement
Subdivision 3 - Compensation for notifiable road use
- 100 Deciding compensation by Land Court
Subdivision 4 - Later review of compensation by Land Court
- 101 Review of compensation by Land Court
Division 5 - Successors and assigns
- 101A Agreement binding on successors and assigns
- 101B Land Court decision binding on successors and assigns
- 101C Arbitrator’s decision binding on successors and assigns
PART 8 - CONFERENCES HELD BY AUTHORISED OFFICER
- 101D Notice of concern may be given to authorised officer
- 101E Authorised officer may call conference
- 101F Conduct of conference
CHAPTER 4 - OVERLAPPING COAL AND PETROLEUM RESOURCE AUTHORITIES
PART 1 - PRELIMINARY
Division 1 - Purposes of chapter
- 102 Main purposes of chapter
Division 2 - Interpretation
- 103 Definitions for chapter
- 104 What is an overlapping area
- 105 What is an ML (coal) holder
- 106 What is a PL holder
- 107 Extended meaning of ML (coal) and PL
Division 3 - Other key provisions
- 108 Purpose of division
- 109 What is an initial mining area or IMA
- 110 What is a future mining area or FMA
- 111 What is a rolling mining area or RMA
- 112 What is a simultaneous operations zone or SOZ
- 113 What is sole occupancy
- 114 What is joint occupancy
- 115 What is the mining commencement date
116. (Repealed)
Division 4 - Mandatory requirements
- 117 Mandatory requirements for participants
PART 2 - RIGHT OF WAY FOR COAL
Division 1 - Preliminary
Division 2 - Sole occupancy
- 120 Sole occupancy of IMA
- 121 Advance notice
- 122 18 months notice
- 123 Confirmation notice
- 124 Sole occupancy of RMA
- 125 RMA notice
- 126 Joint occupancy of SOZ
- 127 Exceptional circumstances notice may be given by petroleum resource authority holder
- 128 Acceleration notice may be given by ML (coal) holder
- 129 Abandonment of sole occupancy of IMA or RMA
Division 3 - Joint development plan
- 130 Requirement for agreed joint development plan
- 131 Negotiation of agreed joint development plan
- 132 Consistency with development plans
- 133 Amendment of agreed joint development plan
- 134 Authorised activities allowed only if consistent with agreed joint development plan
- 135 Condition of authorities
Division 4 - Incidental coal seam gas
PART 3 - SUBSEQUENT PETROLEUM PRODUCTION
- 139 Definitions for part
- 140 Table for part
- 141 Petroleum production notice
- 142 Requirement for agreed joint development plan
- 142A Petroleum production notice given more than 6 months after advance notice
143. (Repealed)
- 144 Negotiation of agreed joint development plan
- 145 Consistency of development plans
- 146 Amendment of agreed joint development plan
- 147 Authorised activities allowed only if consistent with agreed joint development plan
- 148 Condition of authorities
- 148A Modification of particular provisions if preferred tenderer appointed
PART 4 - CONCURRENT APPLICATIONS
- 149 Concurrent notice may be given by ATP holder
- 150 Requirements for holder of EP (coal) or MDL (coal) if concurrent PL application
PART 5 - ADVERSE EFFECTS TEST
- 151 Table for part
- 152 Authorised activities allowed only if no adverse effects
- 153 Expedited land access for petroleum resource authority holders
PART 6 - GENERAL PROVISIONS
Division 1 - Information exchange
- 154 Resource authority holders must exchange information
- 155 Annual meetings
- 156 Confidentiality
157. (Repealed)
158. (Repealed)
159. (Repealed)
160. (Repealed)
Division 2 - Compensation
Subdivision 1 - Preliminary
- 161 Definitions for division
- 162 What is lost production
- 163 What is PL major gas infrastructure
- 164 What is PL minor gas infrastructure
- 165 What is PL connecting infrastructure
- 166 What is ATP major gas infrastructure
Subdivision 2 - Liability to compensate
- 167 Liability of ML (coal) holder to compensate PL holder
- 168 Liability of ML (coal) holder to compensate ATP holder
- 169 Meeting compensation liability
- 170 Minimising compensation liability
- 171 Offsetting of compensation liability
- 172 Reconciliation payments and replacement gas
- 173 Claiming compensation
- 174 Availability of dispute resolution
Division 5 - (Repealed)
CHAPTER 5 - GENERAL PROVISIONS FOR OVERLAPPING AND CO-EXISTING RESOURCE AUTHORITIES
PART 1 - PRELIMINARY
PART 2 - MINISTERIAL POWERS
- 174B Requirement to give copy of agreed plan
- 174C Amendment of agreed plan
- 174D Request for information
- 174E Right of appeal
PART 3 - DISPUTE RESOLUTION
CHAPTER 6 - APPLICATIONS AND OTHER DOCUMENTS
PART 1 - PROCESSING APPLICATIONS
Division 1 - Preliminary
Division 2 - Making, amending and withdrawing applications
- 188 Requirements for applications
- 189 Invalid applications
- 190 Substantial compliance
- 191 Amending applications
- 192 Withdrawing applications
Division 3 - Directions about applications
- 193 Deciding authority may make directions about applications
Division 4 - Deciding applications
- 194 Criteria for considering applications
- 195 Notice of decisions
PART 2 - LODGING DOCUMENTS
CHAPTER 7 - DISQUALIFICATION OF APPLICANTS
CHAPTER 8 - MISCELLANEOUS
- 197 Register to be kept
- 198 Access to register
- 199 Arrangements with other departments for copies from register
- 200 Supply of statistical data from register
- 201 Chief executive may correct register
PART 2 - OTHER PROVISIONS
- 202 Practice manual
- 203 Fees—payment methods
- 204 Fees—evidence and timing of payment
- 205 Chief executive may require particular information
- 206 References to right to enter
- 207 Delegation of functions or powers
- 208 Functions or powers carried out through agents
- 209 Approved forms
- 210 Regulation-making power
- 211 (Expired)
CHAPTER 9 - SAVINGS AND TRANSITIONAL PROVISIONS FOR ACT NO. 47 OF 2014
PART 1 - PRELIMINARY
PART 2 - PROVISIONS FOR DEALINGS
- 213 Incomplete registration of dealings
- 214 Continuing effect of indicative approval
- 215 Unrecorded associated agreements
- 216 Transfer of matters to new register
PART 3 - PROVISIONS FOR LAND ACCESS
- 217 Definitions for pt 3
- 218 Existing land access code
- 219 Existing conduct and compensation agreement requirements—carrying out authorised activity within 600m of school or occupied residence
- 220 Existing entry notices
- 221 Existing waiver of entry notices
- 222 Existing deferral agreements
- 223 Existing access agreements
- 223A Existing consent given by reserve owner to exploration permit holder or mineral development licence holder
- 224 Existing conditions imposed by public land authority for entry to public land
- 224A Continuing notifiable road use
- 225 Existing road use directions
- 226 Existing written consent to enter land given by second resource authority holder
- 227 Existing conduct and compensation agreements
- 228 Existing negotiations for conduct and compensation agreement or deferral agreement
- 228A Existing road compensation agreements
- 228B Existing requirements under Mineral Resources Act to obtain written consent of owner to enter restricted land
- 228C Existing requirements under Geothermal Act to obtain written consent of owner to carry out authorised activities on particular land
- 228D Land access requirements for particular applications under Mineral Resources Act not decided before commencement
- 228E Land access requirements for particular applications under Geothermal Act not decided before commencement
- 228F Land access requirements for relevant resource authorities applied for before commencement
PART 4 - PROVISIONS FOR OVERLAPPING COAL AND PETROLEUM RESOURCE AUTHORITIES
Division 1 - Preliminary
Division 1A - Overlapping exploration resource authorities
- 231B Exploration resource authorities
Division 2 - Resource authorities granted over existing production resource authorities
Division 2A - Existing applications under Mineral Resources Act, chapter 6
- 233A Application for ML (coal) over land in area of existing ATP
Division 3 - Existing applications under Mineral Resources Act, chapter 8
- 234 Application for ML (coal) over land in area of ATP (without consent)
- 235 Application for ML (coal) over land in area of ATP (with consent)
- 236 Application for ML (coal) over land in area of PL (without consent)
- 237 Application for ML (coal) over land in area of PL (with consent)
Division 4 - Existing applications under P&G Act, chapter 3
- 238 Application for PL over land in area of coal exploration authority
239. (Repealed)
- 240 Application for PL over land in area of ML (coal)
241. (Repealed)
Division 4A - Undecided ML (coal) and PL applications
- 241A Application for ML (coal) and application for PL both undecided before commencement
Division 5 - Modification of particular provisions of Common Provisions Act for Surat Basin area
- 242 Application of div 5
- 243 Requirements for advance notice and acceleration notice
PART 5 - PROVISIONS ABOUT APPLICATION OF SECTION 232
243A. Application generally
CHAPTER 10 - FURTHER TRANSITIONAL PROVISIONS
- 244 Provision inserted into Act prevails over provision of transitional regulation
PART 2 - TRANSITIONAL PROVISIONS FOR MINERAL, WATER AND OTHER LEGISLATION AMENDMENT ACT 2018
- 245 Election notice
- 246 Recovery of particular negotiation and preparation costs