Queensland Consolidated Acts
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PETROLEUM ACT 1923
TABLE OF PROVISIONS
Long Title
Contents
Part 1--Preliminary
1. Short title
2. Definitions
3. Relationship with Mineral Resources Act
4. Relationship with Nature Conservation Act 1992
4A. Relationship with Greenhouse Gas Storage Act 2009
7. Application of Act
7A. Act applies out to coastal waters of the State
7AA. Qualification of 1923 Act petroleum tenure holders
Part 3--Rights and powers of the Crown
9. Petroleum the property of the Crown
10. Reservations in grants
Part 4--Authorities to prospect
Division 1--General provisions
18. Authority to prospect
18A. Minister's power to decide excluded land for authority to prospect
20. Area of authority to prospect reduced on grant of lease
21. Surrender of authority to prospect
24. Miscellaneous rights
24A. Prohibition on carrying out activities prohibited under Geothermal Exploration Act 2003
Division 2--Work programs
Subdivision 1--Requirements for proposed later work programs
25. Operation of sdiv 1
25A. General requirements
25B. Program period
Subdivision 2--Approval of proposed later work programs
25C. Application of sdiv 2
25D. Authority taken to have work program until decision on whether to approve proposed work program
25E. Deciding whether to approve proposed program
25F. Steps after, and taking effect of, decision
Subdivision 3--Amending work programs
25G. Restrictions on amending work program
25H. Applying for approval to amend
25I. Requirements for making application
25J. Deciding application
25K. Steps after, and taking effect of, decision
Division 3--Renewals
25L. Conditions for renewal application
25M. Requirements for making application
25N. Continuing effect of authority for renewal application
25O. Deciding application
25P. Term and area of renewed authority
25Q. Other provisions and taking effect of renewed authority
25R. Criteria for decisions
25S. Information notice about refusal
25T. When refusal takes effect
Division 4--Expiry of part
25U. Expiry of pt 4 and ending of authorities to prospect
Part 6--Provisions relating to leases
Division 1--General provisions for leases
40. Lease to holder of authority to prospect
40A. Continuing effect, for s 40 application, of authority to prospect and its work program
40B. Minister's power to decide excluded land for lease
44. Form etc. of lease
45. Entitlement to renewal of lease
46. Annual rent
46A. Application of GST to rents
47. Reservations, conditions and covenants of lease
48. Commencement of drilling
49. Ascertainment of value
51. Use and occupation of mining area on private or improved land
52. Surrender and determination of lease
52A. Application of 2004 Act provisions about coextensive natural underground reservoirs
Division 2--Development plans
Subdivision 1--Requirements for proposed later development plans
53. Operation of sdiv 1
53A. General requirements
53B. Plan period
Subdivision 2--Approval of proposed later development plans
53C. Application of sdiv 2
53D. Lease taken to have development plan until decision on whether to approve proposed development plan
53E. Deciding whether to approve proposed plan
53F. Power to require relinquishment
53G. Steps after, and taking effect of, decision
Division 3--Miscellaneous provisions
61. Obstruction of 1923 Act petroleum tenure holder
65. Reservations in favour of State
73. Recovery of amounts payable to the State
Part 6A--Key mandatory conditions and related provisions
Division 1--Preliminary
74. Operation of div 1
Division 2--Specific mandatory conditions for authorities to prospect and related provisions
Subdivision 1--Standard relinquishment condition and related provisions
74A. Standard relinquishment condition
74B. Consequence of failure to comply with relinquishment condition
74C. Part usually required to be relinquished
74D. Sub-blocks that can not be counted towards relinquishment
74E. Adjustments for sub-blocks that can not be counted
74F. Relinquishment must be by blocks
74G. Ending of authority to prospect if all of area relinquished
Subdivision 2--Work programs
74H. Requirement to have work program
74I. Compliance with exploration activities in work program
74J. Penalty relinquishment if work program not completed within extended period
74K. Obligation to lodge proposed later work program
74L. Consequence of failure to comply with notice to lodge proposed later work program
Subdivision 3--Miscellaneous conditions
74M. Restriction on flaring or venting
74N. Petroleum royalty and annual rent
Division 3--Specific mandatory conditions for leases and related provisions
Subdivision 1--Development plans
74O. Requirement to have development plan
74P. Compliance with development plan
74Q. Obligation to lodge proposed later development plan
74R. Consequence of failure to comply with notice to lodge proposed later development plan
Subdivision 2--Other mandatory conditions for leases
74S. Restriction on flaring or venting
74T. Obligation to commence production
Division 4--Provisions for all 1923 Act petroleum tenures
Subdivision 1--Preliminary
74U. Application of div 4
Subdivision 2--General mandatory conditions
74V. Obligation to consult with particular owners and occupiers
74W. Civil penalty for nonpayment of annual rent
74X. Obligation to prevent spread of declared pests
74Y. Requirement to consider using formed roads
74Z. Obligation to comply with Act and prescribed standards
75. Obligation to survey if Minister requires
75AA. Notice of change of holder's name
Division 5--Mandatory conditions and related provisions for when 1923 Act petroleum tenure ends or area reduced
75A. Obligation to decommission pipelines
75B. Obligation to remove equipment and improvements
75C. Authorisation to enter to facilitate compliance with s 74X or this division
Part 6B--Provisions relating to authorised activities
75D. General restriction on carrying out authorised activities
75E. Who may carry out authorised activity for holder
Part 6C--Commercial viability assessment
75F. Minister's power to require commercial viability report
75G. Required content of commercial viability report
75H. Minister's power to obtain independent viability assessment
75I. Costs of independent viability assessment
Part 6CA--Existing Water Act bores
Division 1--Preliminary
75IA. Simplified outline of pt 6CA
75IB. What is an existing Water Act bore
75IC. When an existing Water Act bore is unduly affected
75ID. When an existing Water Act bore has an impaired capacity
75IE. What are restoration measures
75IF. References to 1923 Act petroleum tenure holder in pt 6CA
Division 2--Obligation to make good for existing Water Act bores
75IG. The make good obligation
75IH. Provisions for application of make good obligation
Division 3--Underground water impact reports
Subdivision 1--Fixing of trigger threshold for aquifers
75II. Operation of sdiv 1
75IJ. Request for trigger threshold and action on request
75IK. Provisions for fixing trigger threshold
75IL. Fixed trigger threshold applies for all taking of water necessarily taken as part of petroleum production
Subdivision 2--Lodging report
75IM. Lodging report
75IN. Requirements for report
75IO. Exemption from underground water flow model
Subdivision 3--Consideration of underground water impact report
75IP. Power to require amendment of report
75IQ. Decision on report
Division 4--Pre-closure report
75IR. Obligation to lodge pre-closure report
75IS. Requirements for report
75IT. Power to require amendment of report
75IU. Effect of lodgement of report
Division 5--Monitoring and review reports
75IV. Operation of div 5
75IW. Obligation to lodge monitoring reports
75IX. Obligation to lodge review reports
75IY. Effect of lodgement of review report
75IZ. Chief executive's power to change frequency of reports
75IZA. Chief executive's power to change reporting days
75IZB. Power to require amendment of review report
Division 6--Complying with make good obligation
Subdivision 1--Obligation to negotiate
75IZC. 1923 Act petroleum tenure holder's obligation to negotiate
Subdivision 2--Land Court decision on how the obligation must be complied with
75IZD. Application of sdiv 2
75IZE. Applying to Land Court
75IZF. Provisions for making decision
75IZG. Provisions for deciding compensation
Subdivision 3--Miscellaneous provisions
75IZH. Make good agreement or Land Court's decision binds successors and assigns
75IZI. Reviews by Land Court
75IZJ. Right of entry after 1923 Act petroleum tenure ends to comply with make good obligation
75IZK. Advice from Water Act regulator
Part 6D--Wells, water supply bores and water observation bores
Division 1--Restrictions on drilling
75J. Requirements for drilling well
75K. Restriction on who may drill water observation bore or water supply bore
Division 2--Converting well to water supply bore
75L. Restrictions on making conversion
75M. Notice of conversion
Division 3--Transfers of wells, water observation bores and water supply bores
Subdivision 1--General provisions
75N. Operation of div 3
75O. Transfer only permitted under div 3
75P. Effect of transfer
Subdivision 2--Permitted transfers
75Q. Transfer of water observation bore or water supply bore to landowner
75R. Transfer of well to holder of geothermal exploration permit or mining tenement
75S. Transfer of water observation bore to petroleum tenure holders or water monitoring authority holder
Subdivision 3--Notice of transfer
75T. Notice of transfer to Water Act regulator or Mineral Resources Act chief executive
Division 4--Decommissioning of wells, water observation bores and water supply bores
75U. Obligation to decommission
75V. Right of entry to facilitate decommissioning
75W. Responsibility for well or bore after decommissioning
Division 5--Water monitoring authorities
Subdivision 1--Obtaining water monitoring authority
75WA. Who may apply for water monitoring authority
75WB. Requirements for making application
75WC. Deciding application for water monitoring authority
Subdivision 2--Key authorised activities
75WD. Operation of sdiv 2
75WE. Water monitoring activities
75WF. Limited right to take or interfere with underground water
75WG. Authorisation for Water Act
75WH. Water Act not otherwise affected
75WI. Restriction on carrying out authorised activities
75WJ. No right to petroleum discovered
Subdivision 3--Miscellaneous provisions
75WK. Term of authority
75WL. Provision for who is the authority holder if only 1 related petroleum tenure
75WM. Additional condition of relevant petroleum tenure
75WN. Amending water monitoring authority by application
Part 6E--Reporting
Division 1--General reporting provisions
75X. Requirement to report outcome of testing
75Y. Notice about discovery and commercial viability
75Z. Relinquishment report
76. End of tenure report
Division 2--Records and samples
76A. Requirement to keep records and samples
76B. Requirement to lodge records and samples
Division 3--Releasing required information
76C. Meaning of required information
76D. Public release of required information
76E. Chief executive may use required information
76G. Power to require information or reports about authorised activities to be kept or given
Part 6F--Provisions for coal seam gas
Division 1--Preliminary
Subdivision 1--Introduction
76H. Main purposes of pt 6F
76I. How main purposes are achieved
76J. Relationship with other provisions of Act
Subdivision 2--Definitions for pt 6F
76K. What is coal seam gas and incidental coal seam gas
76L. What is oil shale
76M. What is a coal exploration tenement and a coal mining lease
76N. What is an oil shale exploration tenement and an oil shale mining lease
76O. What is a coal or oil shale mining tenement
Division 2--Additional provisions for authorities to prospect
Subdivision 1--Grant of authority to prospect in area of coal or oil shale exploration tenement
76P. Provisions for authority to prospect
Subdivision 2--Restriction on authorised activities on coal or oil shale mining lease land
76Q. Application of sdiv 2
76R. Restriction
Subdivision 3--Condition
76S. Compliance with obligations under Mineral Resources Act
Division 3--Renewal provisions
76T. Application of div 3
76U. Additional requirements for making application
76V. Content requirements for CSG statement
76W. Applicant's obligations
76X. Minister may require further negotiation
76Y. Consequence of applicant not complying with obligations or requirement
76Z. Obligations of coal or oil shale exploration tenement holder
77. Submissions by coal or oil shale exploration tenement holder
Division 4--Other additional provisions for leases
Subdivision 1--Conditions
77N. Compliance with obligation to negotiate with coal or oil shale mining lease applicant
77O. Requirement for giving of copy of relinquishment report
77P. Cessation of relinquishment condition for area not overlapping with coal or oil shale exploration tenement
Subdivision 2--Amendment of relinquishment condition by application
77Q. Application of sdiv 2
77R. Conditions for applying to amend
77S. Obligation of coal or oil shale exploration tenement holder to negotiate
77T. Requirements for making application
77U. Notice of application
77V. Submissions by coal or oil shale exploration tenement holder
77W. Minister may require further negotiation
77X. Deciding amendment application
Subdivision 3--Restriction on amendment of other conditions
77Y. Interests of relevant coal or oil shale mining tenement holder to be considered
Division 5--Restrictions on particular transfers
77Z. Requirement for coordination arrangement to transfer lease in tenure area of mining lease
Division 6--Additional provisions for development plans
Subdivision 1--Additional requirements for proposed later development plans
77ZA. Operation of sdiv 1
77ZB. Statement about interests of coal or oil shale mining tenement holder
77ZC. Requirement to optimise petroleum production
77ZD. Consistency with coal or oil shale mining lease, development plan and relevant coordination arrangement
Subdivision 2--Other additional provisions for proposed later development plans
77ZE. Application of sdiv 2
78. Additional criteria for approval
Division 7--Confidentiality of information
78A. Application of div 7
78B. Confidentiality obligations
78C. Civil remedies
Part 6FA--Provisions for GHG authorities
Division 1--Preliminary
78CA. Relationship with other provisions
78CB. What is an overlapping GHG authority
78CC. General provision about 1923 Act petroleum tenures for land subject to GHG authority
Division 2--Restrictions on authorised activities for authorities to prospect
78CD. Overlapping GHG lease
78CE. Overlaps with other GHG authorities
78CF. Resolving disputes about the restrictions
Division 3--Leases with overlapping GHG authority
Subdivision 1--Continuance of coordination arrangements after renewal or dealing
78CG. Requirement to continue GHG coordination arrangement
Subdivision 2--Later development plans
78CH. Operation of sdiv 2
78CI. Statement about interests of GHG tenure holder
78CJ. Consistency with GHG tenure's development plan and with any relevant coordination arrangement
Division 4--Provisions for all 1923 Act petroleum tenures
Subdivision 1--Safety management plans
78CK. Requirements for consultation with particular GHG tenure holders
78CL. Application of 2004 Act provisions for resolving disputes about reasonableness of proposed provision
Subdivision 2--Other provisions
78CM. Condition to notify particular GHG authority holders of proposed start of particular authorised activities
78CN. Restriction on power to amend
Part 6G--Security
78D. Operation and purpose of pt 6G
78E. Power to require security for 1923 Act petroleum tenure
78F. Minister's power to require additional security
78G. Interest on security
78H. Power to use security
78I. Replenishment of security
78J. Security not affected by change in holder
78K. Retention of security after 1923 Act petroleum tenure ends
Part 6H--Private land
Division 1--Preliminary
78L. Application of pt 6H
Division 2--Requirement for entry notice for entry to private land in area of 1923 Act petroleum tenure
78M. Requirement for entry notice to carry out authorised activities
78N. Waiver of entry notice
78O. Required contents of entry notice
78P. Giving entry notice by publication
Division 3--Requirement for further notice before carrying out authorised activities on private land
78Q. Application of div 3
78R. Requirement to give further notice
78S. Failure to give further notice
Division 4--Provisions for dealings or change in ownership or occupancy
78T. Entry notice or waiver of entry notice not affected by dealing
78U. Change in ownership or occupancy
Division 5--Periodic notice after entry of land
78V. Notice to owners and occupiers
Division 6--Access to carry out rehabilitation or environmental management
78W. Right of access for authorised activities includes access for rehabilitation and environmental management
Part 6I--Public land
Division 1--Public roads
Subdivision 1--Preliminary
78X. Significant projects excluded from div 1
78Y. What is a notifiable road use
Subdivision 2--Notifiable road uses
78Z. Notice of notifiable road use
79. Directions about notifiable road use
79A. Obligation to comply with road use directions
Subdivision 3--Compensation for notifiable road uses
79B. Liability to compensate public road authority
79C. Compensation agreement
79D. Deciding compensation through Land Court
79E. Criteria for decision
79F. Land Court review of compensation
79G. Compensation to be addressed before carrying out notifiable road use
79H. Compensation not affected by change in administration or holder
Division 2--Other public land
79I. Requirement for entry notice to carry out authorised activities
79J. Waiver of entry notice
79K. Required contents of entry notice
79L. Conditions public land authority may impose
Part 6J--Access to land in area of another 1923 Act petroleum tenure, a 2004 Act petroleum authority or a mining tenement
79M. Application of pt 6J
79N. Access to land in area of lease under this Act, a 2004 Act lease or a mining lease
79O. Access to land in area of another type of mining tenement or 1923 Act petroleum tenure
Part 6K--General compensation provisions
79P. General liability to compensate
79Q. Compensation agreement
79R. Deciding compensation through Land Court
79S. Land Court review of compensation
79T. Orders Land Court may make
79U. Compensation to be addressed before entry to private land
79V. Compensation not affected by change in ownership or occupancy
Part 6L--Ownership of pipelines, equipment and improvements
Division 1--Pipelines
79W. Application of div 1
79X. General provision about ownership while tenure is in force for pipeline
79Y. Ownership afterwards
Division 2--Equipment and improvements
79Z. Application of div 2
80. Ownership of equipment and improvements
Part 6M--Petroleum register
80A. Petroleum register
80B. Keeping of register
80C. Access to register
80CA. Arrangements with other departments for copies from petroleum register
80CB. Supply of statistical data from petroleum register
80D. Chief executive may correct register
Part 6N--Dealings
Division 1--Dealings
80E. What is a dealing
80G. Conditions for permitted dealings
Division 2--Obtaining approval for dealing
80H. Minister may give indication for proposed dealing
80I. Applying for approval
80J. Deciding application
80K. Criteria for decision
Part 6O--Enforcement of end of tenure and area reduction obligations
80L. Power of authorised person to ensure compliance
80M. Requirements for entry to ensure compliance
80N. Duty to avoid damage in exercising remedial powers
80O. Notice of damage because of exercise of remedial powers
80P. Compensation for exercise of remedial powers
80Q. Ownership of thing removed in exercise of remedial powers
80R. Recovery of costs of and compensation for exercise of remedial power
Part 6P--Noncompliance procedure
Division 1--Introduction
80S. Operation of pt 6P
Division 2--Noncompliance action
80T. Types of noncompliance action that may be taken
80U. When noncompliance action may be taken
Division 3--Procedure for noncompliance action
80V. Application of div 3
80W. Notice of proposed noncompliance action
80X. Considering submissions
80Y. Decision on proposed noncompliance action
80Z. Notice and taking effect of decision
81. Consequence of failure to comply with relinquishment requirement
Part 6Q--Other common provisions for 1923 Act petroleum tenures
83. Restrictions on location of drills
84. Prevention of waste etc.
85. Casing well
86. Water rights
88. Conduct of operations on land
89. Compliance with Act etc.
90. Regulations may prescribe further provisions
92. Delivery of premises in case of forfeiture
93. Right to mine for other minerals
95. Limits on use of water from natural source
96. Who bound by terms of 1923 Act petroleum tenure
100. Union of leases
101. Minister's power to ensure compliance by 1923 Act petroleum tenure holder
102. Interest on amounts owing to the State under this Act
103. Recovery of unpaid amounts
Part 7--Appeals
104. Who may appeal
105. Period to appeal
106. Starting appeal
107. Stay of operation of decision
108. Hearing procedures
109. Land Court's powers on appeal
Part 8--Evidence and legal proceedings
Division 1--Evidentiary provisions
110. Application of div 1
111. Appointments and authority
112. Signatures
113. Other evidentiary aids
Division 2--Offence proceedings
114. Offences under Act are summary
115. Statement of complainant's knowledge
116. Allegations of false or misleading matters
117. Conduct of representatives
118. Additional orders that may be made on conviction
Part 9--Miscellaneous
Division 1--Applications
119. Application of div 1
120. Substantial compliance with application requirements may be accepted
121. Additional information may be required about application
122. Amending applications
123. Withdrawal of application
124. Minister's power to refund application fee
Division 2--Miscellaneous provisions for 1923 Act petroleum tenures
125. Power to correct or amend
126. Replacement of instrument for tenure
127. Joint and several liability for conditions and for debts to State
128. Notice of agent
Division 3--Other miscellaneous provisions
129. Name and address for service
130. Additional information about reports and other matters
131. References to right to enter
132. Application of provisions
133. Protection from liability for particular persons
134. Delegation by Minister or chief executive
135. Approved forms
142. Ministerial directions about the giving of information
143. Points etc. to be ascertained by reference to Australian Geodetic Datum
144. Interference with pipeline or petroleum activities under this Act
147. Penalties
148. Other rights of action not affected
149. Regulation-making power
150. Declaration about certain 1923 Act petroleum tenures
Part 10--Transitional provisions for 1923 Act petroleum tenures from 31 December 2004
Division 1--General transitional provisions
Subdivision 1--Particular unfinished applications
151. Unfinished authority to prospect applications for which a Commonwealth Native Title Act s 29 notice has been given
152. Additional condition of authority to prospect granted under s 151
153. Lapsing of unfinished former s 42 applications
Subdivision 2--Authorities to prospect
154. Area of land in area of coal or oil shale mining lease becomes excluded land
155. Conditions of an authority to prospect about expenditure or work becomes its work program
Subdivision 3--Leases
156. Program for development and production for a lease becomes its development plan
Subdivision 4--Conflict between 1923 Act petroleum tenure conditions and relevant environmental conditions
157. Environmental conditions prevail
Subdivision 5--Securities
158. Provision for existing demands for additional or alternative security under former s 43(8)
159. Monetary securities
160. Non-monetary securities
Subdivision 6--Notices of entry under Petroleum Regulation 1966 relating to 1923 Act petroleum tenure
161. Conversion to entry notice
Subdivision 7--Compensation
162. Accrued compensation rights relating to 1923 Act petroleum tenure
163. Existing compensation agreements relating to 1923 Act petroleum tenure
Subdivision 8--Continuation of former cancellation provision in particular circumstances
164. Continued application of former s 22 for previous acts or omissions
Subdivision 9--Existing road uses
165. Exclusion of pt 6I, div 1 for continuance of particular existing road uses
Subdivision 9A--Provisions for existing Water Act bores
165A. Exemption from, or deferral of, reporting provisions for existing 1923 Act petroleum tenure holders
165B. Make good obligation only applies for existing Water Act bores on or from 31 December 2004
Subdivision 10--Miscellaneous provisions
166. Provision for cancellation of particular conditions of lease 191
167. Application of s 3 to particular existing mining tenements
168. Deferral of s 52A for existing leases
169. Deferral of s 79I for particular 1923 Act petroleum tenure holders
Division 2--Relinquishment condition until first renewal after 31 December 2004, and related provisions
170. Application of div 2
171. What is the current term of an authority to prospect
172. What are the transitional notional sub-blocks of an authority to prospect
173. Relinquishment condition if authority includes a reduction requirement
174. Relinquishment condition if authority does not include a reduction requirement
Division 3--Leases overlapping with an existing or proposed mineral development licence
Subdivision 1--Preliminary
175. Definitions for div 3
176. Application of div 3
Subdivision 2--Additional provisions
177. Obligation of lessee to give access to MDL holder
178. Additional requirements for later development plans for lease
179. Minister may require further negotiation
Subdivision 3--Confidentiality of information
180. Application of sdiv 3
181. Confidentiality obligations
182. Civil remedies
Part 11--Transitional provisions for Petroleum and Other Legislation Amendment Act 2005
183. S 86 water bores
184. Decommissioning wells and bores
Part 12--Transitional provision for Mines and Energy Legislation Amendment Act 2008
185. Provision for repeal of section 19
SCHEDULE -- DECISIONS SUBJECT TO APPEAL
Endnotes
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