PETROLEUM ACT 1923 - SECT 2 Definitions

PETROLEUM ACT 1923 - SECT 2

2 Definitions

In this Act—


"1923 Act petroleum interest" means—

(a) a 1923 Act petroleum tenure; or

(b) a right existing under, or in relation to, a 1923 Act petroleum tenure.

(a) generally, means an authority to prospect or lease under this Act; and

(b) for the following provisions, includes a water monitoring authority—

(i) section 75K ;

(ii) part 6D , divisions 3 and 4 ;

(iii) part 6L , division 2 ;

(iv) parts 6O and 6P .

1 The
"area" of a 1923 Act petroleum tenure is any land to which the tenure is subject, as recorded in the register.

2 However, the
"area" of a 1923 Act petroleum tenure does not include any excluded land for the tenure.

Note—

See also section 124B in relation to the exclusion of land from a 1923 Act petroleum tenure’s area following the taking of the land under a resumption law.

3 The
"area" of a 2004 Act petroleum tenure is the land to which the tenure is subject, as recorded in the register.

4 The
"area" of a mining tenement is the land to which the tenement is subject.

1 An
"authorised activity" , for a 1923 Act petroleum tenure or water monitoring authority, is an activity that its holder is, under this Act, the tenure or authority, entitled to carry out in relation to the tenure or authority.

Note—

The carrying out of particular activities on particular land in a 1923 Act petroleum tenure’s area may not be authorised following the taking of the land under a resumption law. See section 124B .

2 An
"authorised activity" , for a coal or oil shale mining tenement, is an activity that its holder is, under the Mineral Resources Act or the tenement, entitled to carry out in relation to the tenement.

3 An
"authorised activity" , for a GHG authority, is an activity that its holder is, under the GHG storage Act or the authority, entitled to carry out or exercise in relation to the authority.

4 An
"authorised activity" , for a geothermal tenure, is an activity that its holder is, under the Geothermal Act or the tenure, entitled to carry out or exercise in relation to the tenure.

(a) financial and technical resources; and

(b) ability to manage petroleum exploration and production.

(a) the conditions stated in it from time to time; and

(b) the tenure holder’s obligations under this Act; and

(c) any condition of the tenure under this Act; and

(d) a condition that a tenure holder must ensure each person acting for the holder who carries out an authorised activity for the tenure complies with its conditions to the extent they apply to the carrying out of the activity.

Note—

For who may carry out an authorised activity for a holder, see section 75E .

1 The
"development plan" for a lease is—

(a) for a lease in force before 31 December 2004—its current program for development and production under former section 50 that, under section 156, is taken to be its development plan; or

(b) for a lease granted after 31 December 2004—the proposed program for development and production of petroleum for the application for the lease, lodged under section 40 (2) (b) .

2 However, if, under part 6 , division 2 , a later development plan is approved for the lease, the later development plan is the development plan for the lease.

(a) includes to bore; and

(b) for, a water supply bore, includes excavating the bore.

(a) an authority to prospect, means excluded land for the authority, decided under section 18A ; or

(b) a lease, means excluded land for the lease, decided under section 40B .

Note—

For an area of land in the area of a coal or oil shale mining lease becoming excluded land, see section 154 .

Examples—

• conducting a geochemical, geological or geophysical survey

• drilling a well for petroleum or the investigation of the geological structure or stratigraphy in the well

• carrying out testing in relation to a well

• taking a sample for chemical or other analysis

(a) the decision, and the reasons for it;

(b) all appeal rights under this Act;

(c) the period in which any appeal under this Act must be started;

(d) how appeal rights under this Act are to be exercised;

(e) that a stay of a decision the subject of an appeal under this Act may be applied for under this Act.

(a) was drilled for the purpose (the
"original purpose" ) of—

(i) exploration or production of mineral or petroleum resources; or

(ii) informing the exploration or production of mineral or petroleum resources; and

(b) is no longer used for the original or another purpose.

(a) an authority to prospect, means a condition of the authority imposed under part 6A , division 2 or 4 as a mandatory condition or prescribed under section 90 ; or

(b) a lease, means—

(i) a condition of the lease imposed under part 6A , division 3 or 4 as a mandatory condition or prescribed under section 90 as a mandatory condition; or

(ii) the reservations, conditions and covenants of the lease imposed under section 47 .

(a) a mining tenement under the Mineral Resources Act ; or

(b) a tenure held from the State under another Act about mining, under which the holder is authorised to carry out mining or a related mineral or energy resources activity under the Mineral Resources Act .

1 A
"natural underground reservoir" is a part of a geological formation or structure—

(a) in which petroleum has accumulated; or

(b) that is suitable to store petroleum.

2 A geological formation or structure mentioned in item 1 does not cease to be a
"natural underground reservoir" merely because it has been modified for petroleum production or storage.

3 In items 1 and 2, a geological formation includes a coal seam.

(a) if the land is taken under the process stated in the ALA (whether the land is taken under the ALA or another resumption law)—the notice of intention to resume under the ALA ; or

(b) otherwise—the notice, however named, required to be given under the resumption law to notify persons of the proposed taking.

(a) who, under an Act or a lease registered under the Land Title Act 1994 , has a right to occupy the place, other than under a mining interest, 1923 Act petroleum tenure, 2004 Act petroleum authority, GHG authority or geothermal tenure; or

(b) to whom an owner of the place or another occupier under paragraph (a) has given the right to occupy the place.

1
"Operate" , a pipeline, includes use, inspect, test, maintain, repair, alter, add to and replace the pipeline.

2 For item 1, using a pipeline includes using it to transport petroleum.

1 The
"original notional sub-blocks" , of an authority to prospect, are the sub-blocks included in the area of the authority at the following time—

(a) if the authority was granted before 31 December 2004—immediately after its first renewal after that day;

(b) if the authority was granted on or after 31 December 2004—when it was originally granted.

2 However, the
"original notional sub-block" s do not include any sub-block completely within the area of a lease under this Act or a 2004 Act lease.

1 An
"owner" , of land, means each person as follows in relation to the land—

(a) for freehold land—a registered owner;

(b) for land for which a person is, or will on performing conditions, be entitled to a deed of grant in fee simple—the person;

(c) if an estate in fee simple of land is being purchased from the State—the purchaser;

(d) for a public road—the public road authority for the road;

(e) for land that is busway land, light rail land, rail corridor land or a cane railway or other railway—the public land authority for the land;

(f) for required land under the Transport Infrastructure Act 1994 , section 436 —the chief executive of the department in which that Act is administered;

(g) for a forest entitlement area, State forest or timber reserve under the Forestry Act 1959 —the chief executive of the department in which that Act is administered;

(h) for a conservation park or resources reserve under the Nature Conservation Act 1992 (the
"NCA" ) for which there are trustees—

(A) if, under the NCA, the park or reserve has trustees whose powers are not restricted—the trustees; or

(B) otherwise—the chief executive of the department in which the NCA is administered;

(i) for DOGIT land under the Aboriginal Land Act 1991 or the Torres Strait Islander Land Act 1991 —a trustee for the land;

(k) for Aboriginal land under the Aboriginal Land Act 1991 that is taken to be a reserve because of section 202 (2) or (4) (b) of that Act—the trustee of the land;

(ka) for Torres Strait Islander land under the Torres Strait Islander Land Act 1991 that is taken to be a reserve because of section 151 (2) of that Act—the trustee of the land;

(l) for land under the Land Act 1994 for which there are trustees—a trustee;

(m) for transport land under the Transport Planning and Coordination Act 1994 —the chief executive of the department in which that Act is administered;

(n) for land vested in the Minister administering the Education (General Provisions) Act 2006 —that Minister;

(o) for land vested in the Queensland Housing Commission or another Minister or a chief executive responsible for constructing public buildings—the Minister administering the relevant Act;

(p) for land held from the State under another Act under an interest less than fee simple (other than occupation rights under a permit under the Land Act 1994 )—the person who holds the interest;

(q) for any of the following land under the NCA, the chief executive of the department in which the NCA is administered—

(i) a national park (scientific);

(ii) a national park;

(iii) a national park (Aboriginal land);

(iv) a national park (Torres Strait Islander land);

(v) a forest reserve.

2 Also, a mortgagee of land is the
"owner" of land if—

(a) the mortgagee is acting as mortgagee in possession of the land and has the exclusive management and control of the land; or

(b) the mortgagee, or a person appointed by the mortgagee, is in possession of the land and has the exclusive management and control of the land.

3 If land has more than 1 owner, a reference in this Act to its owner of the land is a reference to each of its owners.

(a) naturally occurring hydrocarbon, whether in a gaseous, liquid or solid state; or

(b) naturally occurring mixture of hydrocarbons, whether in a gaseous, liquid or solid state; or

(c) naturally occurring mixture of 1 or more hydrocarbons, whether in a gaseous, liquid, or solid state, and 1 or more of the following—

(i) hydrogen sulphide;

(ii) nitrogen;

(iii) helium;

(iv) carbon dioxide;

(d) shale from which mineral oil may be extracted or produced;

(e) mineral oil extracted or produced from shale or coal or other rock by some chemical or thermal process;

(f) hydrocarbons and other substances or matter occurring in association with shale or coal and necessarily mined, extracted, produced or released by or in connection with mining for shale or coal or the extraction or production of mineral oil therefrom;

(g) alginite;

(h) coal;

(i) lignite;

(j) peat;

(k) shale or other rock from which a gasification or retorting product as defined in the 2004 Act may be extracted or produced;

(l) torbanite.

1
"Private land" is—

(a) freehold land, including Aboriginal land under the Aboriginal Land Act 1991 and Torres Strait Islander land under the Torres Strait Islander Land Act 1991 ; or

(b) an interest in land less than fee simple held from the State under another Act.

2 However, land is not private land to the extent of an interest in any of the following relating to the land—

(a) a mining interest;

(b) a 1923 Act petroleum tenure or 2004 Act petroleum authority;

(c) a GHG authority;

(d) a geothermal tenure;

(e) an occupation right under a permit under the Land Act 1994 .

3 Also, land owned by a public land authority is not private land.

1 A reference in this Act to a 1923 Act petroleum tenure includes a reference to its provisions.

2 A reference in this Act to the provisions of a 1923 Act petroleum tenure is a reference to its mandatory or other conditions and any thing written in it.

(a) private land; or

(b) to the extent an interest in any of the following relates to the land—

(i) a mining interest;

(ii) a 1923 Act petroleum tenure or 2004 Act petroleum authority;

(iii) a GHG authority;

(iv) a geothermal tenure;

(v) an occupation right under a permit under the Land Act 1994 .

(a) for a public road—the road authority for the road; or

(b) if a local government or other authority is, under an Act, charged with the control of the land—the local government or other authority; or

(c) otherwise—the chief executive of the department administering the Act under which entry to the land is administered.

(a) is open to, or used by, the public; and

(b) is developed for, or has as one of its main uses—

(i) the driving or riding of motor vehicles; or

(ii) pedestrian traffic; and

(c) is controlled by a public road authority.

Examples of an area of land that may be included in a road—

• a bridge, culvert, ford, tunnel or viaduct

• a pedestrian or bicycle path

(a) for a State-controlled road—the chief executive of the department in which the Transport Infrastructure Act 1994 is administered; or

(b) for another public road—the local government having the control of the road.

1 Generally, the
"relinquishment condition" , for an authority to prospect is the relinquishment condition under section 74A (1) .

2 However if part 10 , division 2 applies and the authority is an authority to which section 173 or 174 applies, the
"relinquishment condition" for the authority is the
"relinquishment condition" under that section.

(a) means a law that provides for the compulsory acquisition of land, including, for example, the following—

(i) the ALA , including as applied by another law providing for an entity to take land under the ALA as if the entity were a constructing authority under the ALA ;

Examples of other laws for subparagraph (i)—

†¢ Electricity Act 1994 , section 116

†¢ South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 , section 53AY

(ii) the Land Act 1994 , chapter 5 , part 3 , division 3 ;

(iii) the Petroleum and Gas (Production and Safety) Act 2004 , sections 456 to 458 ;

(iv) the Queensland Reconstruction Authority Act 2011 , section 99 ;

(v) the State Development and Public Works Organisation Act 1971 , section 82 or 125 ;

(vi) the Transport Planning and Coordination Act 1994 , section 25 or 26 ; but

(b) does not include the Land Act 1994 , chapter 5 , part 3 , divisions 1 and 2 .

(a) if the land is taken under the process stated in the ALA (whether the land is taken under the ALA or another resumption law)—the gazette resumption notice under the ALA for the taking; or

(b) otherwise—the instrument giving effect to the taking.

(a) the leased land; or

(b) petroleum produced under the lease.

(a) government policy;

(b) value of commodity production (including time value);

(c) employment creation;

(d) total return to the State and to Australia (including royalty and rent), assessed on both a direct and indirect basis, so that, for example, downstream value adding is included;

(e) social impacts;

(f) the overall economic benefit for the State, or a part of the State, in the short and long term;

(g) impacts on aesthetic, amenity, cultural or environmental values.

(a) the holder’s underground water obligations under the Water Act , chapter 3 ; and

(b) any other obligation under the Water Act , chapter 3 with which the holder is required to comply, if failure to comply with the obligation is an offence against that Act.

Examples of another obligation under the Water Act, chapter 3 with which the holder may be required to comply—

• giving an underground water impact report under section 370 of that Act

• preparing and complying with a baseline assessment plan under sections 397 and 400 of that Act

1 A
"water observation bore" is a bore to monitor water levels and includes—

(a) a well that, under part 6D , division 2 , has been, or is taken to have been, converted to a water observation bore; and

(b) a water monitoring bore under the Water Act .

2 A reference to a water observation bore includes its casing, wellhead and any other works constructed in connection with the bore.

(a) a water bore drilled under section 86 with the permission of the Minister; or

(b) a well that, under part 6D , division 2 , has been, or is taken to have been, converted to a water supply bore.

1 A
"well" is a hole in the ground made or being made by drilling, boring or any other means—

(a) to explore for or produce petroleum; or

(b) to inject petroleum into a natural underground reservoir; or

(c) through which petroleum may be produced.

2 A
"well" includes the casing for the well and any wellhead for the well attached to it.

3 To remove any doubt, it is declared that a
"well" does not include any of the following—

(a) a water observation bore;

(b) a water supply bore;

(c) a water bore to which the Water Act , chapter 3 applies;

(d) a seismic shot hole or shallow hole drilled to work out a geological structure.

(a) its work program as approved under section 151 ; or

(b) its conditions about expenditure or work that, under section 155 , are taken to be a later work program for the authority; or

(c) its later work program approved under part 4 , division 2 , as amended from time to time under that division.

Notes—

1 For an authority being taken to have a work program until a decision has been made on whether to approve a proposed work program, see section 25D .

2 For the continuing effect of an authority on a renewal application, see section 25N .

3 For conditions of an authority to prospect about expenditure or work becoming its work program, see section 155 .