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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

Division 2 - Key definitions

CHAPTER 2 - DEALINGS, CAVEATS AND ASSOCIATED AGREEMENTS

PART 1 - DEALINGS

  • 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

PART 2 - PRIVATE LAND

Division 1 - Application of part

  • 37 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

Division 4 - Access to private land outside authorised area

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)

PART 3 - PUBLIC LAND

Division 1 - Entry to public lands and particular uses of public roads

  • 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

  • 196 Lodging documents

CHAPTER 7 - DISQUALIFICATION OF APPLICANTS

  • 196A Definitions for chapter
  • 196B Application of chapter
  • 196C Disqualification from grant or transfer of resource authority
  • 196D Requirement for further information
  • 196E Criminal history check
  • 196F Costs of criminal history report
  • 196G Notice of intended disqualification
  • 196H Notice of disqualification

CHAPTER 8 - MISCELLANEOUS

PART 1 - RESOURCE AUTHORITY REGISTER

  • 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

PART 1 - TRANSITIONAL PROVISION FOR LAND ACCESS OMBUDSMAN ACT 2017

  • 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

PART 3 - TRANSITIONAL PROVISIONS FOR MINERAL AND ENERGY RESOURCES AND OTHER LEGISLATION AMENDMENT ACT 2020

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