PETROLEUM AND GAS (PRODUCTION AND SAFETY) ACT 2004

Queensland Consolidated Acts

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PETROLEUM AND GAS (PRODUCTION AND SAFETY) ACT 2004

TABLE OF PROVISIONS

Long Title

Contents

CHAPTER 1--PRELIMINARY

Part 1--Introduction

1. Short title
2. Commencement

Part 2--Purpose and application of Act

3. Main purpose of Act
3A. Secondary purpose—facilitation of Geothermal Exploration Act 2004 and Greenhouse Gas Storage Act 2009
4. Act binds all persons
5. Application of Act to coastal waters of the State
6. Relationship with Mineral Resources Act
6A. Relationship with Nature Conservation Act 1992
6B. Relationship with GHG storage Act
7. Act does not affect other rights or remedies
8. Native title

Part 3--Interpretation

Division 1--Dictionary

9. Definitions

Division 2--Key definitions

10. Meaning of petroleum
11. Meaning of LPG and fuel gas
12. What is a prescribed storage gas
13. What is a natural underground reservoir
14. What is exploring for petroleum
15. When petroleum is produced
16. What is a pipeline
17. What is a petroleum facility
18. Types of authority under Act
19. Who is an eligible person
20. What are the conditions of a petroleum authority
21. What are the provisions of a petroleum authority
22. What is an authorised activity
23. What is a work program for an authority to prospect
24. What is a development plan for a petroleum lease

Part 4--Property in petroleum

26. Petroleum the property of the State
27. Petroleum reservation in land grants
28. Property in petroleum produced

Part 5--General provisions for petroleum authorities

29. Graticulation of earth's surface into blocks and sub-blocks
30. Petroleum authority does not create an interest in land
30A. Joint holders of a petroleum authority

CHAPTER 2--PETROLEUM TENURES AND RELATED MATTERS

Part 1--Authorities to prospect

Division 1--Key authorised activities

31. Operation of div 1
32. Exploration and testing
33. Incidental activities

Division 2--Obtaining authority to prospect
Subdivision 1--Preliminary

34. Operation of div 2
Subdivision 2--Competitive tenders
35. Call for tenders
36. Right to tender
37. Requirements for making tender
38. Right to terminate call for tenders
Subdivision 3--Deciding tenders
39. Process for deciding tenders
40. Provisions for preferred tenderers
41. Deciding whether to grant authority to prospect
42. Provisions of authority to prospect
43. Criteria for decisions
44. Notice to unsuccessful tenderers

Division 3--Work programs
Subdivision 1--Function and purpose of work program

45. Function and purpose
Subdivision 2--Requirements for proposed initial work programs
46. Operation of sdiv 2
47. Program period
48. General requirements
Subdivision 3--Criteria for deciding whether to approve proposed initial work programs
49. Criteria
Subdivision 4--Requirements for proposed later work programs
50. Operation of sdiv 4
51. General requirements
52. Program period
53. Implementation of evaluation program for potential commercial area
54. Later work programs for proposed new authorities
Subdivision 5--Approval of proposed later work programs
55. Application of sdiv 5
56. Authority taken to have work program until decision on whether to approve proposed work program
57. Deciding whether to approve proposed program
58. Steps after, and taking effect of, decision
Subdivision 6--Amending work programs
59. Restrictions on amending work program
60. Applying for approval to amend
61. Requirements for making application
62. Deciding application
63. Steps after, and taking effect of, decision

Division 4--Key mandatory conditions for authorities to prospect
Subdivision 1--Preliminary

64. Operation of div 4
Subdivision 2--Standard relinquishment condition and related provisions
65. Standard relinquishment condition
65A. Consequence of failure to comply with relinquishment condition
66. Part usually required to be relinquished
67. Sub-blocks that can not be counted towards relinquishment
68. Adjustments for sub-blocks that can not be counted
69. Adjustment for particular potential commercial areas
70. Relinquishment must be by blocks
71. Ending of authority to prospect if all of its area relinquished
Subdivision 3--Other mandatory conditions
72. Restriction on flaring or venting
73. Permitted period for production or storage testing
74. Obligation to consult with particular owners and occupiers
75. Petroleum royalty and annual rent
76. Civil penalty for nonpayment of annual rent
77. Requirement to have work program
78. Compliance with exploration activities in work program
78A. Penalty relinquishment if work program not completed within extended period
79. Obligation to lodge proposed later work program
80. Consequence of failure to comply with notice to lodge proposed later work program

Division 5--Renewals

81. Conditions for renewal application
82. Requirements for making application
83. Continuing effect of authority for renewal application
84. Deciding application
85. Provisions and term of renewed authority
86. Criteria for decisions
87. Information notice about refusal
88. When refusal takes effect

Division 6--Potential commercial areas

89. Applying for potential commercial area
90. Deciding potential commercial area application
91. Inclusion of evaluation program in work program
92. Term of declaration
93. Extension of term of declaration
94. Potential commercial area still part of authority

Division 7--Provisions to facilitate transition to petroleum lease

95. Application of div 7
96. Ministerial direction to apply for petroleum lease
97. Taking proposed action

Division 8--Miscellaneous provisions
Subdivision 1--Area provisions

98. Area of authority to prospect
99. Minister's power to decide excluded land
100. Minister may add excluded land
101. Area of authority to prospect reduced on grant of petroleum lease
102. Effect of ending of declaration of potential commercial area
Subdivision 2--Dividing authorities to prospect
103. Applying to divide
104. Requirements for making application
105. Deciding application
106. Provisions of new authorities
107. Steps after deciding application

Part 2--Petroleum leases

Division 1--Key authorised activities
Subdivision 1--General provisions

108. Operation of sdiv 1
109. Exploration, production and storage activities
110. Petroleum pipeline and water pipeline construction and operation
111. Petroleum processing
112. Incidental activities
Subdivision 2--Provisions for coextensive natural underground reservoirs
113. Application of sdiv 2
114. Coordination arrangement may be made about mining or production from reservoir
115. Restriction on carrying out particular authorised activities
116. Dispute resolution by Land Court

Division 2--Transition from authority to prospect to petroleum lease
Subdivision 1--Applying for petroleum lease

117. Who may apply
118. Requirements for making ATP-related application
119. Continuing effect of authority to prospect for ATP-related application
Subdivision 2--Deciding ATP-related applications
120. Right to grant if requirements for grant met
121. Requirements for grant
122. Exception for particular relevant arrangements
123. Provisions of petroleum lease
123A. Provisions about grant and conditions of petroleum lease for significant project
124. Information notice about refusal
125. When refusal takes effect

Division 3--Obtaining petroleum lease by competitive tender
Subdivision 1--Preliminary

126. Operation of div 3
Subdivision 2--Calls for tenders
127. Call for tenders
128. Right to tender
129. Right to terminate call for tenders
Subdivision 3--Deciding tenders
130. Process for deciding tenders
131. Provisions for preferred tenderers
132. Deciding whether to grant petroleum lease
133. Provisions of petroleum lease
134. Criteria for decisions
135. Notice to unsuccessful tenderers

Division 4--Development plans
Subdivision 1--Function and purpose of development plan

136. Function and purpose
Subdivision 2--Requirements for proposed initial development plans
137. Operation of sdiv 2
138. General requirements
139. Plan period
140. Storage
Subdivision 3--Criteria for deciding whether to approve proposed initial development plans
141. Criteria
Subdivision 4--Requirements for proposed later development plans
142. Operation of sdiv 4
143. General requirements
144. Later development plans for proposed new leases
Subdivision 5--Approval of proposed later development plans
145. Application of sdiv 5
146. Petroleum lease taken to have development plan until decision on whether to approve proposed development plan
147. Deciding whether to approve proposed plan
148. Power to require relinquishment
149. Steps after, and taking effect of, decision

Division 5--Key mandatory conditions for petroleum leases

150. Operation of div 5
151. Restriction on flaring or venting
152. Permitted period for production or storage testing
153. Obligation to consult with particular owners and occupiers
154. Obligation to commence production
155. Petroleum royalty and annual rent
156. Civil penalty for nonpayment of annual rent
157. Requirement to have development plan
158. Compliance with development plan
159. Obligation to lodge proposed later development plan
160. Consequence of failure to comply with notice to lodge proposed later development plan

Division 6--Renewals

161. Conditions for renewal application
162. Requirements for making renewal application
163. Continuing effect of lease for renewal application
164. Deciding application
165. Provisions and term of renewed lease
166. Information notice about refusal
167. When refusal takes effect

Division 7--Miscellaneous provisions
Subdivision 1--Area of petroleum lease

168. Area of petroleum lease
169. Minister's power to decide excluded land
170. Minister may add excluded land
Subdivision 2--Dividing petroleum leases
171. Applying to divide
172. Requirements for making application
173. Deciding application
174. Provisions of new leases
175. Steps after deciding application

Part 3--Data acquisition authorities

Division 1--Obtaining data acquisition authority

176. Who may apply for data acquisition authority
177. Requirements for making application
178. Deciding application for data acquisition authority
179. Notice of refusal

Division 2--Provisions for data acquisition authorities

180. Key authorised activities
181. Additional condition of relevant petroleum tenure
182. Authority holder is the relevant petroleum tenure holder from time to time
183. Authority ends if relevant petroleum tenure ends
184. Relationship with subsequent petroleum tenure
184A. Annual rent

Part 4--Water rights for petroleum tenures

185. Underground water rights
186. Right to allow use of associated water for domestic or stock purposes
187. Water monitoring activities
188. Authorisation for Water Act
189. Water Act not otherwise affected

Part 5--Water monitoring authorities

Division 1--Obtaining water monitoring authority

190. Who may apply for water monitoring authority
191. Requirements for making application
192. Deciding application for water monitoring authority

Division 2--Key authorised activities

193. Operation of div 2
194. Water monitoring activities
195. Limited right to take or interfere with underground water
196. Authorisation for Water Act
197. Water Act not otherwise affected
198. Restriction on carrying out authorised activities
199. No right to petroleum discovered

Division 3--Miscellaneous provisions

200. Term of authority
201. Provision for who is the authority holder
202. Additional condition of relevant petroleum tenure
202A. Annual rent
203. Amending water monitoring authority by application

Part 6--Third party storage access to natural underground reservoirs

Division 1--Purpose of part

204. Purpose of pt 6

Division 2--Storage agreements and related provisions
Subdivision 1--Storage agreements

205. Meaning of storage agreement and existing user
206. Development plan overrides storage agreement
207. Existing user's obligation to give information
Subdivision 2--Negotiation obligations of petroleum lease holders and existing users
208. Application of sdiv 2
209. Obligation to negotiate with proposed users
210. Obligation about priority for proposed users
211. Obligation to give information

Division 3--Provisions for stored petroleum or prescribed storage gas after petroleum lease ends
Subdivision 1--Preliminary

212. Application of div 3
Subdivision 2--Claiming stored petroleum or prescribed storage gas
213. Notice to claim for stored petroleum or prescribed storage gas
214. Property in stored petroleum or prescribed storage gas if no notice of claim
Subdivision 3--Deciding claims
215. Deciding claims
216. State property in stored petroleum or prescribed storage gas to extent claims are not upheld
Subdivision 4--Dealing with upheld claims
217. Application of sdiv 4
218. Call for tenders required
219. Requirement to notify change in ownership
220. Preferred tenderer may make storage agreements
221. Negotiation notice
222. Obligation of holder to negotiate with current owners
223. Taking of effect of non-owner lease
224. Cancellation of non-owner lease in particular circumstances
225. Annual rent for non-owner lease
226. State property in stored petroleum or prescribed storage gas in particular circumstances
227. Storage rent payable by current owner

Division 4--Regulatory provisions

228. Prohibition on actions preventing access
229. Orders to enforce prohibition on preventing access

Part 7--Commercial viability assessment

230. Minister's power to require commercial viability report
231. Required content of commercial viability report
232. Minister's power to obtain independent viability assessment
233. Costs of independent viability assessment

Part 8--Petroleum activities coordination

234. Arrangement to coordinate petroleum activities
235. Applying for ministerial approval of proposed coordination arrangement
236. Ministerial approval of proposed coordination arrangement
237. Approval does not confer right to renew
238. Subleasing of 1923 Act lease provided for under coordination arrangement
239. Coordination arrangement overrides relevant leases
240. Grant of pipeline licence
241. Amendment or cancellation by parties to arrangement
242. Minister's power to cancel arrangement
243. Effect of cancellation

Part 9--Existing Water Act bores

Division 1--Preliminary

244. Simplified outline of pt 9
245. What is an existing Water Act bore
246. When an existing Water Act bore is unduly affected
247. When an existing Water Act bore has an impaired capacity
248. What are restoration measures
249. References to petroleum tenure holder in pt 9

Division 2--Obligation to make good for existing Water Act bores

250. The make good obligation
251. Provisions for application of make good obligation

Division 3--Underground water impact reports
Subdivision 1--Fixing of trigger threshold for aquifers

252. Operation of sdiv 1
253. Request for trigger threshold and action on request
254. Provisions for fixing trigger threshold
255. Fixed trigger threshold applies for all underground water rights
Subdivision 2--Lodging report
256. Lodging report
257. Requirements for report
258. Exemption from underground water flow model
Subdivision 3--Consideration of underground water impact report
259. Power to require amendment of report
260. Decision on report

Division 4--Pre-closure report

261. Obligation to lodge pre-closure report
262. Requirements for report
263. Power to require amendment of report
264. Effect of lodgement of report

Division 5--Monitoring and review reports

265. Operation of div 5
266. Obligation to lodge monitoring reports
267. Obligation to lodge review reports
268. Effect of lodgement of review report
269. Chief executive's power to change frequency of reports
270. Chief executive's power to change reporting days
271. Power to require amendment of review report

Division 6--Complying with make good obligation
Subdivision 1--Obligation to negotiate

272. Petroleum tenure holder's obligation to negotiate
Subdivision 2--Land Court decision on how the obligation must be complied with
273. Application of sdiv 2
274. Applying to Land Court
275. Provisions for making decision
276. Provisions for deciding compensation
Subdivision 3--Miscellaneous provisions
277. Make good agreement or Land Court's decision binds successors and assigns
278. Reviews by Land Court
279. Right of entry after petroleum tenure ends to comply with make good obligation
280. Advice from Water Act regulator

Part 10--General provisions for petroleum wells, water supply bores and water observation bores

Division 1--Restrictions on drilling

281. Requirements for drilling petroleum well
282. Restriction on who may drill water observation bore or water supply bore

Division 2--Converting petroleum well to water supply bore

283. Restrictions on making conversion
284. Notice of conversion

Division 3--Transfers of petroleum wells, water observation bores and water supply bores
Subdivision 1--General provisions

285. Operation of div 3
286. Transfer only permitted under div 3
287. Effect of transfer
Subdivision 2--Permitted transfers
288. Transfer of water observation bore or water supply bore to landowner
289. Transfer of petroleum well to holder of geothermal exploration permit or mining tenement
290. Transfer of water observation bore to petroleum tenure or water monitoring authority holder
Subdivision 3--Notice of transfer
291. Notice of transfer to Water Act regulator or Mineral Resources Act chief executive

Division 4--Decommissioning of petroleum wells, water observation bores and water supply bores

292. Obligation to decommission
293. Right of entry to facilitate decommissioning
294. Responsibility for well or bore after decommissioning

CHAPTER 3--PROVISIONS FOR COAL SEAM GAS

Part 1--Preliminary

Division 1--Introduction

295. Main purposes of ch 3
296. How main purposes are achieved
297. Relationship with chs 2 and 5 and ch 15, pt 3
298. Description of petroleum leases for ch 3 and ch 15, pt 3

Division 2--Definitions for chapter 3

299. What is coal seam gas and incidental coal seam gas
300. What is oil shale
301. What is a coal exploration tenement and a coal mining lease
302. What is an oil shale exploration tenement and an oil shale mining lease
303. What is a coal or oil shale mining tenement

Part 2--Obtaining petroleum lease over land in area of coal or oil shale exploration tenement

Division 1--Obtaining petroleum lease other than by or jointly with, or with the consent of, coal or oil shale exploration tenement holder
Subdivision 1--Preliminary

304. Application of div 1
Subdivision 2--Provisions for making petroleum lease application
305. Additional requirements for making application
306. Content requirements for CSG statement
Subdivision 3--Provisions for separate applications in particular circumstances
307. Requirement for separate applications relating to exploration tenement and mining lease not held by same person
308. Requirement for separate application for other land
Subdivision 4--Obligations of applicant and coal or oil shale exploration tenement holder
310. Applicant's obligations
311. Minister may require further negotiation
312. Consequence of applicant not complying with obligations or requirement
313. Obligations of coal or oil shale exploration tenement holder
314. Submissions by coal or oil shale exploration tenement holder
Subdivision 5--Priority for earlier coal or oil shale mining lease application or proposed application
315. Earlier coal or oil shale mining lease application
316. Proposed coal or oil shale mining lease for which EIS approval given
317. Proposed mining lease declared a significant project
Subdivision 6--Ministerial decision about whether to give any preference to development of coal or oil shale resources
318. When preference decision is required
319. Decision about whether to give any preference to development of coal or oil shale
320. Reference to Land Court before making preference decision
321. Restrictions on giving preference
Subdivision 7--Process if preference decision is to give any preference to development of coal or oil shale resources
322. Application of sdiv 7
323. Notice to applicant and coal or oil shale exploration tenement holder
324. Mining lease application for all of the land
325. Mining lease application for part of the land
326. No mining lease application
Subdivision 8--Deciding petroleum lease
327. Application of sdiv 8
328. Additional criteria for deciding provisions of petroleum lease
329. Power to impose relinquishment condition
330. Publication of outcome of application

Division 2--Petroleum lease application by or jointly with, or with the consent of, coal or oil shale exploration tenement holder

331. Application of div 2
332. Right to apply for petroleum lease
333. Requirements for making application
334. No calls for tenders after application made
335. Requirement for separate applications relating to exploration tenement and mining lease not held by same person
336. Requirement for separate application for other land
338. Priority for earlier mining lease application or proposed application
339. Priority for deciding earlier petroleum lease application
340. Right to grant if particular requirements met
341. Provisions of petroleum lease

Division 3--Petroleum lease applications in response to Mineral Resources Act preference decision

342. Additional ground for refusing application

Part 3--Obtaining petroleum lease over land in area of coal or oil shale mining lease

Division 1--Exclusion of power to call for tenders

343. Exclusion

Division 2--Petroleum lease application other than by or jointly with coal or oil shale mining lease holder

344. Application of div 2
345. Additional requirements for making application
346. Requirement for separate application for other land
348. Notice to coal or oil shale mining lease holder
349. Coal mining lease holder's or oil shale mining lease holder's obligation to negotiate
350. Additional requirements for grant

Division 3--Petroleum lease application by or jointly with coal or oil shale mining lease holder

351. Application of div 3
352. Right to apply for petroleum lease
353. Requirements for making application
354. Requirement for separate application for other land
356. Right to grant if particular requirements met
357. Provisions of petroleum lease

Part 4--Additional provisions for authorities to prospect and data acquisition authorities

Division 1--Grant of authority to prospect in area of coal or oil shale exploration tenement

358. Provisions for authority to prospect

Division 2--Restriction on authorised activities on coal mining lease or oil shale mining lease land

359. Application of div 2
360. Restriction

Division 3--Exceptions to particular area provisions

361. Exceptions

Division 4--Conditions

362. Notice to coal or oil shale exploration tenement holders and applicants
363. Compliance with obligations under Mineral Resources Act

Part 5--Additional provisions for petroleum leases

Division 1--Restriction on authorised activities for particular petroleum leases

364. Restriction on authorised activities on overlapping ATP land

Division 2--Conditions

365. Continuing requirement for coordination arrangement for particular petroleum leases
366. Compliance with obligation to negotiate with coal or oil shale mining lease applicant
367. Requirement for giving of copy of relinquishment report
368. Cessation of relinquishment condition for area not overlapping with coal or oil shale exploration tenement

Division 3--Amendment of relinquishment condition by application
Subdivision 1--Preliminary

369. Application of div 3
Subdivision 2--Making application to amend relinquishment condition
370. Conditions for applying to amend
371. Obligation of coal or oil shale exploration tenement holder to negotiate
372. Requirements for making application
373. Notice of application
Subdivision 3--Deciding amendment application
374. Submissions by coal or oil shale exploration tenement holder
375. Minister may require further negotiation
376. Deciding amendment application

Division 4--Restriction on amendment of other conditions

377. Interests of relevant coal or oil shale mining tenement holder to be considered

Division 5--Renewals

378. Applied provisions for making and deciding renewal application

Division 6--Restrictions on particular transfers

379. Requirement for coordination arrangement to transfer petroleum lease in tenure area of mining lease

Part 6--Additional provisions for development plans

Division 1--Initial development plans
Subdivision 1--Additional requirements for proposed initial development plan

380. Operation of sdiv 1
381. Statement about interests of coal or oil shale mining tenement holder
382. Requirement to optimise petroleum production
383. Consistency with coal or oil shale mining lease development plan and relevant coordination arrangement
Subdivision 2--Other additional provisions
383A. Application of sdiv 2
383B. Additional criteria for approval
383C. Restriction on approval

Division 2--Later development plans
Subdivision 1--Additional requirements for proposed later development plans

383D. Additional requirements under div 1, sdiv 1 apply
Subdivision 2--Other additional provisions
384. Additional criteria

Part 7--Additional provisions for safety management plan

385. Grant of petroleum lease does not affect obligation to make plan
386. Requirements for consultation with particular coal or oil shale mining tenement holders
387. Resolving disputes about provision proposed by coal or oil shale exploration tenement holder
388. Additional content requirements
389. Exemption from additional content requirements

Part 8--Confidentiality of information

390. Application of pt 8
391. Confidentiality obligations
392. Civil remedies

CHAPTER 3A--PROVISIONS FOR GHG AUTHORITIES

Part 1--Preliminary

392AA. Relationship with chs 2 and 3
392AB. What is an overlapping GHG authority
392AC. What is the GHG public interest
392AD. General provision about petroleum authorities for land subject to GHG authority

Part 2--Obtaining petroleum lease if overlapping GHG tenure

Division 1--Preliminary

392AE. Application of pt 2

Division 2--Requirements for application

392AF. Requirements for making application
392AG. Content requirements for GHG statement

Division 3--Consultation provisions

392AH. Applicant's information obligation
392AI. Submissions by GHG tenure holder

Division 4--Resource management decision if overlapping GHG permit

392AJ. Application of div 4
392AK. Resource management decision
392AL. Criteria for decision
392AM. Restrictions on giving overlapping authority priority

Division 5--Process if resource management decision is to give overlapping authority priority

392AN. Application of div 5
392AO. Notice to applicant and GHG permit holder
392AP. GHG lease application for all of the land
392AQ. GHG lease application for part of the land
392AR. No relevant lease application

Division 6--Resource management decision not to grant and not to give priority

392AS. Lapsing of application

Division 7--Deciding application

392AT. Application of div 7
392AU. Application may be refused if no reasonable prospects of future GHG coordination arrangement
392AV. Additional criteria for deciding provisions of petroleum lease
392AW. Publication of outcome of application

Part 3--Priority to particular GHG lease applications

392AX. Earlier GHG lease application
392AY. Proposed GHG lease for which EIS approval given
392AZ. Proposed mining or petroleum lease declared a significant project

Part 4--Petroleum lease applications in response to invitation under GHG storage Act

392BA. Application of pt 4
392BB. Additional ground for refusing application

Part 5--Additional provisions for petroleum authorities

Division 1--Restrictions on authorised activities for particular petroleum authorities

392BC. Overlapping GHG lease
392BD. Overlapping GHG permit
392BE. Resolving disputes

Division 2--Additional conditions

392BF. Notice by authority to prospect holder to particular GHG authority holders or applicants
392BG. Condition to notify particular GHG authority holders of proposed start of particular authorised activities
392BH. Requirement to continue GHG coordination arrangement after renewal of or dealing with petroleum lease

Division 3--Restriction on Minister's power to amend petroleum lease if overlapping GHG tenure

392BI. Interests of overlapping GHG tenure holder to be considered

Part 6--Additional provisions for development plans if overlapping GHG tenure

392BJ. Operation of pt 6
392BK. Statement about interests of GHG tenure holder
392BL. Consistency with GHG tenure's development plan and with any relevant coordination arrangement
392BM. Additional criteria for approval

Part 7--Additional provisions for safety management plans

392BN. Grant of petroleum lease does not affect obligation to make plan
392BO. Requirements for consultation with particular GHG tenure holders
392BP. Application of provisions for resolving disputes about reasonableness of proposed provision

CHAPTER 4--LICENCES AND RELATED MATTERS

Part 1--Survey licences

Division 1--Key authorised activities

393. Purpose of div 1
394. Surveying activities

Division 2--Obtaining survey licence

395. Applying for licence
396. Deciding application
397. Criteria for decisions

Part 2--Pipeline licences

Division 1--Key authorised activities
Subdivision 1--Preliminary

398. Operation of div 1
399. What is pipeline land for a pipeline licence
Subdivision 2--General restriction on authorised activities
400. Restriction if there is an existing mining lease or GHG lease
Subdivision 3--Pipeline construction and operation
401. Construction and operation of pipeline
402. Licence may extend transportation right to other prescribed substances
403. Incidental activities

Division 2--Availability of pipeline licences

404. Licence types—area or point to point
405. Pipeline licence can not be granted for distribution pipeline
406. Pipeline licence may be granted over any land

Division 3--Obtaining pipeline licence
Subdivision 1--Applying for pipeline licence

407. Who may apply and multiple licence applications
409. Requirements for making application
409A. Notice of application to relevant local government
Subdivision 2--Deciding pipeline licence application
410. Deciding whether to grant licence
411. Public notice requirement
412. Provisions of licence
412A. Provisions about grant and conditions of licence for significant project
413. Restriction on imposing takeover condition
414. Provision for reduction of area of licence
415. Criteria for decisions
416. Information notice about refusal

Division 4--Key mandatory conditions for pipeline licences

417. Operation of div 4
418. Obligation to consult with particular owners and occupiers
419. Obligation to construct pipeline
419A. Notice to chief inspector before construction starts
420. Notice of completion of pipeline
421. Notice to public road authority of pipeline constructed on public road
422. Obligations in operating pipeline
423. Annual licence fee
424. Civil penalty for nonpayment of annual licence fee

Division 5--Amendment of point-to-point pipeline licences after pipeline completed

425. Power to amend

Division 6--Provisions for public land authorities
Subdivision 1--Public roads

426. Public road authority's obligations in aligning pipeline on road
427. Requirement to consult if construction affects existing pipeline
428. Costs of pipeline works caused by public road construction
429. Public road authority's obligation to give holder information
430. Consequence of not giving information
Subdivision 2--Works directions
431. Power to give works directions
432. Compliance with works direction

Division 7--Ministerial review of pipeline licence conditions

433. Application of div 7
434. Power to review licence
435. Notice of proposed amendment
436. Decision on proposed amendment

Division 8--Miscellaneous provisions

437. Limitation of transmission pipeline licence holder's liability

Part 3--Petroleum facility licences

Division 1--Key authorised activities
Subdivision 1--Preliminary

438. Operation of div 1
439. What is petroleum facility land for a petroleum facility licence
Subdivision 2--General restriction on authorised activities
440. Restriction if there is an existing mining lease
Subdivision 3--Petroleum facility construction and operation
441. Construction and operation of petroleum facility
442. Incidental activities

Division 2--Obtaining petroleum facility licence
Subdivision 1--Applying for petroleum facility licence

443. Who may apply
445. Requirements for making application
445A. Notice of application to relevant local government
Subdivision 2--Deciding petroleum facility licence application
446. Deciding whether to grant licence
447. Provisions of licence
447A. Provisions about grant and conditions of licence for significant project
448. Criteria for decisions
448A. Provision for facility already the subject of a pipeline licence
449. Information notice about refusal

Division 3--Key mandatory conditions for petroleum facility licences

450. Operation of div 3
451. Obligation to consult with particular owners and occupiers
452. Obligation to construct facility
453. Obligation to operate facility
454. Annual licence fee
455. Civil penalty for nonpayment of annual licence fee

Part 4--Taking land for pipelines and petroleum facilities

456. State's power to take land
457. Restrictions on power to take land
458. Process for taking land
459. Recovery of costs and compensation from holder or proposed holder
460. Power to enter land proposed to be taken
461. Requirements for entry to land proposed to be taken
462. Disposal of land taken by State

Part 5--Permission to enter land to exercise rights under a pipeline or petroleum facility licence

Division 1--Applying for and obtaining permission

463. Applying for permission
464. Requirements for making application
465. Notice to owners about application
466. Change in ownership during consultation period
467. Deciding application
468. Criteria for decision
469. Statement of proposed resumption may be included
470. Steps after and taking effect of part 5 permission

Division 2--Effect and term of part 5 permission

471. Effect of part 5 permission
472. Term of part 5 permission
473. Power to cancel part 5 permission

Part 6--Amending licence by application

474. Amendment applications that may be made
475. Requirements for making application
476. Notice requirements
477. Deciding application
478. Information notice about refusal

Part 7--Renewals

478A. Survey licence can not be renewed
479. Conditions for renewal application for other types of licence
480. Requirements for making application
481. Continuing effect of licence for renewal application
482. Deciding application
483. Provisions and term of renewed licence
484. Criteria for decisions
485. Information notice about refusal
486. When refusal takes effect

CHAPTER 5--COMMON PETROLEUM AUTHORITY PROVISIONS

Part 1--Security

487. Operation and purpose of pt 1
488. Power to require security for petroleum authority
489. Minister's power to require additional security
490. Interest on security
491. Power to use security
492. Replenishment of security
493. Security not affected by change in authority holder
494. Retention of security after petroleum authority ends

Part 2--Private land

Division 1--Preliminary

495. Application of pt 2
496. Provision for applying pt 2 to water monitoring authorities

Division 2--Requirement for entry notice for entry to private land in area of petroleum authority

497. Requirement for entry notice to carry out authorised activities
498. Waiver of entry notice
499. Required contents of entry notice
500. Giving entry notice by publication

Division 2A--Requirement for further notice before carrying out authorised activities on private land

500A. Application of div 2A
500B. Requirement to give further notice
500C. Failure to give further notice

Division 3--Access to private land outside area of petroleum authority
Subdivision 1--Preliminary

501. Application of div 3
Subdivision 2--Access rights and access agreements
502. Access rights of petroleum authority holder
503. Restriction on exercise of access rights
504. Owner or occupier must not unreasonably refuse to make access agreement
505. Principles for deciding whether access is reasonable
506. Provisions for access and access agreements
507. Access agreement binds successors and assigns
Subdivision 3--Land Court resolution
508. Power of Land Court to decide access agreement
509. Power of Land Court to vary access agreement
510. Criteria for deciding access

Division 4--Provisions for dealings or change in ownership or occupancy

511. Entry notice or waiver of entry notice or access agreement not affected by dealing
512. Change in ownership or occupancy

Division 5--Periodic notice after entry of land

513. Notice to owners and occupiers

Division 6--Access to carry out rehabilitation and environmental management

513A. Right of access for authorised activities includes access for rehabilitation and environmental management

Part 3--Public land

Division 1--Public roads
Subdivision 1--Preliminary

514. Significant projects excluded from div 1
515. What is a notifiable road use
Subdivision 2--Notifiable road uses
516. Notice of notifiable road use
517. Directions about notifiable road use
518. Obligation to comply with road use directions
Subdivision 3--Compensation for notifiable road uses
519. Liability to compensate public road authority
520. Compensation agreement
521. Deciding compensation through Land Court
522. Criteria for decision
523. Land Court review of compensation
524. Compensation to be addressed before carrying out notifiable road use
525. Compensation not affected by change in administration or holder

Division 2--Other public land

526. Requirement for entry notice to carry out authorised activities
526A. Waiver of entry notice
526B. Required contents of entry notice
527. Conditions public land authority may impose

Part 4--Access to land in area of particular other authorities

528. Application of pt 4
529. Access to land in area of mining lease, a 1923 Act lease or a petroleum lease
530. Access to land in area of another type of mining tenement or petroleum authority

Part 5--General compensation provisions

531. General liability to compensate
532. Compensation agreement
533. Deciding compensation through Land Court
534. Land Court review of compensation
535. Orders Land Court may make
536. Compensation to be addressed before entry to private land
537. Compensation not affected by change in ownership or occupancy

Part 6--Ownership of pipelines, equipment and improvements

Division 1--Pipelines

538. Application of div 1
539. General provision about ownership while tenure or licence is in force for pipeline
540. Ownership afterwards

Division 2--Equipment and improvements

541. Application of div 2
542. Ownership of equipment and improvements

Part 7--Reporting

Division 1--Reporting provisions for petroleum tenures
Subdivision 1--General provisions

543. Requirement of petroleum tenure holder to report outcome of testing
544. Notice by petroleum tenure holder about discovery and commercial viability
545. Relinquishment report by tenure holder
546. End of tenure report
546A. End of authority report for data acquisition authority or survey licence
Subdivision 2--Records and samples
547. Requirement to keep records and samples
548. Requirement to lodge records and samples
Subdivision 3--Releasing required information
549. Meaning of required information
550. Public release of required information
551. Chief executive may use required information

Division 2--Other reporting provisions

552. Obligation to lodge annual reports for pipeline or petroleum facility licence
553. Power to require information or reports about authorised activities to be kept or given

Part 8--General provisions for conditions and authorised activities

Division 1--Other mandatory conditions for all petroleum authorities

554. Operation of div 1
555. Obligation to prevent spread of declared pests
556. Requirement to consider using formed roads
557. Obligation to comply with Act and prescribed standards
558. Obligation to survey if Minister requires
558A. Notice of change of holder's name

Division 2--Provisions for when authority ends or area reduced

559. Obligation to decommission pipelines
560. Obligation to remove equipment and improvements
561. Authorisation to enter to facilitate compliance with s 555 or div 2

Division 3--Provisions for authorised activities

562. General restriction on carrying out authorised activities
563. Who may carry out authorised activity for petroleum authority holder

Part 9--Petroleum register

564. Petroleum register
565. Keeping of register
566. Access to register
566A. Arrangements with other departments for copies from petroleum register
566B. Supply of statistical data from petroleum register
567. Chief executive may correct register

Part 10--Dealings

Division 1--Dealings

568. What is a dealing
569. Prohibited dealings
570. Condition for dealings

Division 2--Obtaining approval for dealing

571. Minister may give indication for proposed dealing
572. Applying for approval
573. Deciding application
574. Criteria for decision

Part 11--Surrenders

574A. Authority to prospect can not be surrendered
575. Requirements for surrendering another type of petroleum authority
576. Requirements for making surrender application
577. Notice of application required for particular pipeline licences
578. Deciding application
579. Notice and taking effect of decision

Part 12--Enforcement of end of authority and area reduction obligations

580. Power of authorised person to ensure compliance
581. Requirements for entry to ensure compliance
582. Duty to avoid damage in exercising remedial powers
583. Notice of damage because of exercise of remedial powers
584. Compensation for exercise of remedial powers
585. Ownership of thing removed in exercise of remedial powers
586. Recovery of costs of and compensation for exercise of remedial power

Part 13--Miscellaneous provisions

587. Minister's power to ensure compliance by petroleum authority holder
588. Interest on amounts owing to the State other than for petroleum royalty
589. Recovery of unpaid amounts

CHAPTER 6--PETROLEUM ROYALTY

Part 1--Imposition of petroleum royalty

590. Imposition of petroleum royalty on petroleum producers
591. General exemptions from petroleum royalty
591A. Exemption for production testing
592. Minister may decide measurement if not made or royalty information not given

Part 2--Royalty returns

592A. Definition for pt 2
593. Application of pt 2
594. Obligation to lodge royalty return
595. Fee for late lodgement of royalty return
596. Approval to use estimates for royalty return
597. Petroleum producer's obligations if use of estimates approved
598. Obligation to disclose inaccurate information
599. Annual royalty returns

Part 3--Payment of petroleum royalty

600. Overpayments
601. Underpayments
602. Interest on unpaid petroleum royalty or additional petroleum royalty
603. Recovery of unpaid petroleum royalty and interest
604. Certificate of unpaid petroleum royalty

Part 4--Monitoring payment of petroleum royalty

Division 1--Audits by approved auditors

605. Appointment and qualifications
606. Appointment conditions and limit on powers
607. Issue of identity card
608. Production or display of identity card
609. When approved auditor ceases to hold office
610. Revocation of approved auditor's appointment
611. Resignation
612. Return of identity card
613. Approved auditor's power to audit
614. Application of ch 10, pt 1, divs 2-4

Division 2--Audits by auditor-general

615. Auditor-general's power to audit
616. Powers in carrying out audit
617. Report on audit

Part 5--Disclosure and confidentiality

617A. When Minister may disclose
617B. Confidentiality
617C. Refusal of disclosure of particular information

CHAPTER 7--FUEL GAS QUALITY AND CHARACTERISTICS FOR CONSUMERS

Part 1--Preliminary

618. Application of ch 7
619. Who is a consumer of fuel gas

Part 2--Quality

Division 1--Quality restrictions

620. Prescribed quality
621. Restrictions on supplying gas not of prescribed quality

Division 2--Gas quality approvals

622. Chief inspector's power to approve quality
623. Criteria for approval
624. Steps after making decision about approval
625. Power to cancel approval

Part 3--Characteristics

626. Fuel gas supplied through pipeline
627. Prescribed odour
628. Odour requirement

CHAPTER 8--PETROLEUM AND FUEL GAS MEASUREMENT

Part 1--Introduction

Division 1--Application of chapter 8

629. Application of ch 8
630. Relationship with Trade Measurement Act 1990

Division 2--Interpretation

631. What is a meter
632. Who is the controller of a meter
633. What is the measurement scheme for a meter
634. Measurement includes estimation
635. What is the tolerance for error for a meter

Part 2--Measurement schemes

Division 1--Making and revision of measurement scheme

636. Obligations of controller of meter
637. Content requirements for measurement schemes
638. Power to fix competency required under measurement scheme
639. When measurement scheme must be revised

Division 2--Compliance with measurement scheme

640. Meter installation or use must comply with scheme
641. Measurement must comply with scheme
642. Controller responsible for compliance with measurement scheme

Division 3--Regulatory provisions

643. Chief executive's powers if no measurement scheme
644. Notice by chief executive of unsatisfactory measurement scheme
645. Considering submissions
646. Revision notice

Division 4--Significant meter anomalies

647. Application of div 4
648. Restrictions on use of meter
649. Obligation to report if required

Division 5--Other reporting requirements

650. Annual measurement report
651. Content requirements for annual measurement reports
652. Power to require information about persons acting under measurement scheme

Part 3--Competency assessments

653. Chief executive's power to require competency assessment
654. Costs of competency assessment
655. Requirements following competency assessment

Part 4--General provisions about meters

656. Controller's obligation to test if inaccuracy suspected
657. Unlawfully interfering with meters or devices prohibited
658. Authorisation required to install or use pre-payment meters

Part 5--Meter accuracy disputes

Division 1--Preliminary

659. Application of pt 5
660. Who is an affected party for a meter
661. Who is the service provider for an affected party

Division 2--Test by service provider

662. Service provider test
663. Content requirements for meter test certificate
664. Refund if test shows inaccuracy in service provider's favour
665. Restriction on tester adjusting meter

Division 3--Validation of service provider test

666. Validation test
667. Refund if test shows inaccuracy in service provider's favour
668. Service provider's obligations if test shows inaccuracy

CHAPTER 9--SAFETY

Part 1--Safety requirements and labelling

669. Making safety requirement
669A. Labelling

Part 2--Safety management plans

Division 1--Preliminary

670. What is an operating plant
671. Limitation for facility or pipeline included in coal mining operation
672. What is a stage of an operating plant
673. Who is the operator of an operating plant

Division 2--Operator's obligations

673A. Operator must ensure chief inspector is given notice before a plant is commissioned or operated
674. Requirement to have safety management plan
675. Content requirements for safety management plans
675A. Generic safety management plans
676. Publication of and access to safety management plan
677. Operator responsible for compliance with safety management plan
678. When safety management plan must be revised

Division 3--Validation of safety management plans

679. Notice by chief inspector
680. Considering submissions
681. Revision notice
682. Other inspector's powers not affected

Division 4--Special provisions for safety management plans for coal mining-CSG operating plant

683. Application of div 4
684. Integration with safety and health management system
685. Alternative compliance with s 676
686. Restriction on application of div 3

Part 3--Safety positions and report

Division 1--Executive safety manager and safety report

687. Who is the executive safety manager of an operating plant
688. Executive safety manager's general obligations
689. Executive safety manager must give annual safety report
690. Content requirements for safety reports
691. Obligation to give information to particular authority holders

Division 2--Site safety manager

692. Site safety manager
693. Site safety manager's obligations
694. Operator is default site safety manager

Part 4--Other safety obligations

Division 1--Obligations relating to plant or equipment for use in operating plant

695. Exclusion of application of division for coal mining-CSG operating plant
696. Designers, importers, manufacturers and suppliers
697. Installers

Division 2--Operating plant owners

698. Owner must ensure operator is competent

Division 3--Control and management of risk at operating plant

699. General obligation to keep risk to acceptable level
699A. Operator's obligation for particular adjacent or overlapping authorities
700. What is an acceptable level of risk
701. When acceptable level of risk is achieved

Division 4--Other obligations of persons at operating plant

702. Requirement to comply with safety management plan
703. Requirement to comply with instructions
704. Wilful or reckless acts or omissions that affect safety

Division 5--Additional obligations of operator of operating plant on coal or oil shale mining lease
Subdivision 1--Principal hazard management plans

705. Application of sdiv 1
705A. Requirement to have principal hazard management plan
705B. Content requirements for principal hazard management plan
705C. Resolving disputes about provision proposed by mining lease or GHG lease holder
Subdivision 2--Additional reporting requirement
705D. Reporting of particular accidents and prescribed high potential incidents

Division 6--Prescribed incident reporting and security of incident sites

706. Requirement to report prescribed incident
707. Action to restrict access to incident site
708. Offence to enter or remain in incident site if access restricted

Division 7--Obligation to comply with safety requirements and instructions

708A. Offence not to comply with safety requirement
708B. Chief inspector may issue safety alerts and instructions

Part 4A--Other safety offences

708C. Protection from reprisal
708D. Damages entitlement for reprisal

Part 5--Boards of inquiry

Division 1--Establishment and functions

709. Minister may establish board of inquiry
710. Membership of board
711. Board's functions

Division 2--Conduct of inquiry

712. Notice of inquiry
713. Inquiry procedures
714. Inquiry to be public unless board directs
715. Protection of members, representatives and witnesses
716. Board's powers for inquiry
717. Who may participate at inquiry
718. Witnesses
719. Inspection by board of documents or things

Division 3--Miscellaneous provisions

720. Relationship with proceedings
721. False or misleading statements or document to board
722. Contempt of board
723. Change of board membership

Part 6--Restrictions on gas work

Division 1--Preliminary

724. Types of gas device
725. What is gas work

Division 2--Restrictions

726. Gas devices (type A)
727. Gas devices (type B)

Division 3--Gas work licences and authorisations
Subdivision 1--Applying for and obtaining gas work licence or authorisation

728. Who may apply
728A. Requirements for application
728B. Interim licence or authorisation
728C. Deciding application
728D. Term of gas work licence or authorisation
Subdivision 2--General provisions for gas work licences and authorisations
729. Offence not to comply with conditions
730. Register of gas work licences and authorisations
731. Access to register

Part 7--Miscellaneous provisions

732. Increase in maximum penalties in circumstances of aggravation
732A. Defences for certain offences
732B. Technical advisory committees
733. Certification of gas device or gas fitting
734. Safety obligations of gas system installer

CHAPTER 10--INVESTIGATIONS AND ENFORCEMENT

Part 1--Investigations

Division 1--Inspectors and authorised officers

735. Appointment
736. Functions
737. Appointment conditions and limit on powers
738. Issue of identity card
739. Production or display of identity card
740. When inspector or authorised officer ceases to hold office
741. Resignation
742. Return of identity card

Division 2--Powers of entry of inspectors and authorised officers

743. Power of entry—general
744. Inspector's additional entry power for emergency or incident
745. Inspector's additional entry power for operating plant
746. Authorised officer's additional entry power for petroleum authority, geothermal exploration permit or GHG authority

Division 3--Procedure for entry

747. Entry with consent
748. Application for warrant
749. Issue of warrant
750. Application by electronic communication and duplicate warrant
751. Defect in relation to a warrant
752. Warrants—procedure before entry

Division 4--Powers after entering a place

753. Application of div 4
754. General powers
755. Power to require reasonable help
756. Failure to comply with help requirement

Division 5--Power to obtain information

757. Power to require name and address
758. Power to require production of documents
759. Failure to produce document
760. Failure to certify copy of document
761. Power to require information
762. Failure to comply with information requirement

Division 6--Seizure and forfeiture
Subdivision 1--Seizure powers

763. Power to seize things
764. Seizure of thing subject to security
Subdivision 2--Powers to support seizure
765. Directions to person in control
766. Failure to comply with seizure requirement
767. General powers for seized things
768. Offence to unlawfully interfere with seized thing
769. Testing seized things
Subdivision 3--Safeguards for seized property
770. Receipt and information notice for seized things
771. Access to seized things
772. Return of seized things
Subdivision 4--Forfeiture
773. Forfeiture of seized things
774. Dealing with forfeited things

Division 7--Notice of damage caused when exercising power

775. Application of div 7
776. Requirement to give notice
777. Content of notice

Division 8--Miscellaneous provisions

778. Compensation for damage because of exercise of powers
779. Compliance with safety management plan

Part 2--Directions and enforcement

Division 1--Direction to remedy contravention

780. Power to give compliance direction
781. Requirements for giving compliance direction
782. Failure to comply with compliance direction

Division 2--Direction to remedy dangerous situation

783. Power to give dangerous situation direction
784. Requirements for giving dangerous situation direction
785. Failure to comply with dangerous situation direction

Division 3--Enforcement of directions

786. Re-inspection or re-attendance to check compliance
787. Action to ensure compliance
788. Recovery of enforcement costs

Division 4--Noncompliance procedure for all authorities under Act
Subdivision 1--Introduction

789. Operation of div 4
Subdivision 2--Noncompliance action
790. Types of noncompliance action that may be taken
791. When noncompliance action may be taken
792. Provision for divided petroleum tenures
Subdivision 3--Procedure for immediate suspension of gas work licence or authorisation
793. Application of sdiv 3
794. Immediate suspension
Subdivision 4--Procedure for other noncompliance action
795. Application of sdiv 4
796. Notice of proposed noncompliance action other than immediate suspension
797. Considering submissions
798. Decision on proposed noncompliance action
799. Notice and taking effect of decision
799A. Consequence of failure to comply with relinquishment requirement

CHAPTER 11--GENERAL OFFENCES

Part 1--Restrictions relating to petroleum activities

800. Restriction on petroleum tenure activities
801. Petroleum producer's measurement obligations
802. Restriction on pipeline construction or operation
803. Restriction on petroleum facility construction or operation
804. Duty to avoid interference in carrying out authorised activities

Part 2--Interference with authorised activities

805. Obstruction of petroleum authority holder
806. Interfering with water observation bore
807. Restriction on building on pipeline land
808. Restriction on changing surface of pipeline land for a pipeline licence
809. Unlawful taking of petroleum or fuel gas prohibited
810. Restriction on building on petroleum facility land

Part 3--Other offences

811. Obstruction of inspector or authorised officer
812. Pretending to be inspector or authorised officer
813. False or misleading information
814. Executive officers must ensure corporation complies with Act
815. Fuel gas suppliers must not use other supplier's containers
816. Attempts to commit offences

CHAPTER 12--REVIEWS AND APPEALS

Part 1--Review of decisions

817. Who may apply for review
818. Requirements for making application
819. Stay of operation of original decision
820. Review decision
821. Review procedure
822. Notice of review decision

Part 2--Appeals

823. Who may appeal
824. Period to appeal
825. Starting appeal
826. Stay of operation of decision
827. Hearing procedures
828. Appeal body's powers on appeal
829. Restriction on Land Court's powers for decision not to grant petroleum lease
830. Appeals from appeal body's decision

CHAPTER 13--EVIDENCE AND LEGAL PROCEEDINGS

Part 1--Evidentiary provisions

831. Application of pt 1
832. Appointments and authority
833. Signatures
834. Other evidentiary aids
835. Proof of requirement for land
836. Safety management plans

Part 2--Offence proceedings

837. Offences under Act are summary
838. Statement of complainant's knowledge
839. Allegations of false or misleading matters
840. Conduct of representatives
841. Additional orders that may be made on conviction

CHAPTER 14--MISCELLANEOUS PROVISIONS

Part 1--Applications

842. Substantial compliance with application requirements may be accepted
843. Additional information may be required about application
844. Amending applications
845. Withdrawal of application
846. Minister's power to refund application fee

Part 2--Miscellaneous provisions for all authorities under Act

847. Application of pt 2
848. Power to correct or amend
849. Replacement of instrument for authority
850. Joint and several liability for conditions and for debts to State
851. Notice of authority or licence holder's agents

Part 3--Other miscellaneous provisions

852. Name and address for service
853. Additional information about reports and other matters
854. References to right to enter
855. Application of provisions
856. Protection from liability for particular persons
857. Delegation by Minister, chief executive or chief inspector
858. Approved forms
858A. Ministerial directions about the giving of information
859. Regulation-making power

CHAPTER 15--REPEAL AND TRANSITIONAL PROVISIONS

Part 1--Repeal of Gas (Residual Provisions) Act 1965

860. Repeal

Part 2--Transitional provisions for Repeal of Gas (Residual Provisions) Act 1965

861. Definitions for pt 2
862. Meters
863. Applications to test meter correctness
864. Licences under repealed regulation that become gas work licences
865. Licences under repealed regulation that become gas work authorisations
866. Applications for licence similar to gas work licence or authorisation
867. Accidents
868. Gas examiners
869. Gas examiners' requirements under repealed Act, s 8
870. Gas examiners' powers under repealed Act, s 8(1)(e)
871. Corresponding decisions under repealed Act

Part 3--Transitional provisions relating to 1923 Act

Division 1--Preliminary

872. Definitions for pt 3
873. What is the current term of a converted ATP
874. What are the transitional notional sub-blocks for a converted ATP

Division 2--Conversion of particular 1923 Act ATPs to an authority to prospect under this Act
Subdivision 1--Conversion provisions

875. Application of div 2
876. Conversion on 2004 Act start day
Subdivision 2--Special provisions for converted ATPs
877. Exclusion from area of land in area of coal mining lease or oil shale mining lease
878. Relinquishment condition if converted ATP includes a reduction requirement
879. Relinquishment condition if authority does not include a reduction requirement
880. Provision for conflicting conditions
881. Additional conditions for renewal application
882. Term of renewed converted ATP
883. Exclusion of s 98(7) for any renewal
884. Existing renewal applications
885. Continued application of 1923 Act, former s 22 to converted ATP for previous acts or omissions

Division 3--Unfinished applications for 1923 Act ATPs (other than applications for which a Commonwealth Native Title Act s 29 notice has been given)

886. Application of div 3
887. Applications for which notice of intention to grant has been given
888. Applications in response to public notice
889. Other applications made before introduction of Petroleum and Other Legislation Amendment Bill 2004
890. Lapsing of all other applications

Division 4--Transition, by application, from 1923 Act ATP to petroleum lease under this Act

891. Right of 1923 Act ATP holder to apply for petroleum lease
892. Provisions for deciding application and grant of petroleum lease

Division 5--Conversion of particular 1923 Act leases to petroleum leases
Subdivision 1--Conversion provisions

893. Application of sdiv 1
894. Conversion on 2004 Act start day
Subdivision 2--Special provisions for converted leases
895. Provision for conflicting conditions
896. Sunsetting of particular activities
897. Additional obligation of converted lease holder to lodge proposed later development plan
898. Consequence of failure to comply with notice to lodge proposed later development plan
899. Existing renewal applications
900. Exclusion of s 168(8) for any renewal application
901. Lapsing of undecided applications to unite converted leases that relate to a converted lease
Subdivision 3--Conversion provision inserted under Mines and Energy Legislation Amendment Act 2008 for PL 200
901A. Application of sdivs 1 and 2

Division 6--Provisions for particular 1923 Act lease applications and 1923 Act lease renewal applications
Subdivision 1--Existing 1923 Act, s 40 applications relating to a CSG related 1923 Act ATP or a converted ATP

902. Application of sdiv 1
903. Applications for CSG-related 1923 Act ATPs
904. Other applications
Subdivision 2--Petroleum leases provided for under particular agreements before or after 31 December 2004
905. Application of sdiv 2
906. Petroleum lease under this Act may be granted if so provided
907. Restriction on term of petroleum lease

Division 7--Later grant of petroleum tenure to replace equivalent 1923 Act petroleum tenure
Subdivision 1--Applying for and obtaining replacement tenure

908. Right to apply for petroleum tenure
909. Continuing effect of existing tenure for grant application
910. Renewal application provisions apply for making and deciding grant application
911. Effect of replacement tenure on existing tenure
911A. Provision for continuance of 1923 Act make good obligation
Subdivision 2--Special provisions for the replacement tenure
912. Restrictions on term and renewed terms
913. Relinquishment condition for replacement authority to prospect

Division 8--Matters relating to licence equivalents before 31 December 2004

914. Requests for entry permission
915. Entry permissions
916. Pipeline licences
917. Requests for pipeline licence
918. Approvals under 1923 Act, s 75(5) continue in force
919. Refinery permissions

Division 9--Securities

920. Monetary securities
921. Non-monetary securities

Division 10--Compensation

922. Accrued compensation rights relating to converted petroleum authority
923. Existing compensation agreements relating to converted petroleum authority

Division 11--Miscellaneous provisions

924. Conversion of unitisation arrangement or unit development agreement to coordination arrangement
925. Entry notices under Petroleum Regulation 1966, s 17
926. Provisions for petroleum royalty
927. Corresponding approvals and decisions under 1923 Act for a converted petroleum authority
928. Existing dealing applications
929. Continuance of fees under 1923 Act
930. Fees for existing applications
931. References in Acts and documents to 1923 Act

Part 4--Transitional provisions for Petroleum and Gas (Production and Safety) Act 2004

Division 1--Provisions for particular existing mining tenements

932. Application of s 6 to particular existing mining tenements
933. Deferral of s 115(1) for existing petroleum leases

Division 2--Provision for coal seam gas

934. Substituted restriction for petroleum leases relating to mineral hydrocarbon mining leases

Division 3--Provisions for existing Water Act bores

934A. Exemption from, or deferral of, reporting provisions for existing petroleum tenure holders
934B. Make good obligation only applies for existing Water Act bores on or from 31 December 2004

Division 4--Miscellaneous provisions

935A. Deferred application of s 526 for particular petroleum authority holders
936. Deferral of s 803 for existing petroleum facilities
937. Existing operating plant
938. Exclusion of ch 5, pt 3, div 1 for continuance of particular existing road uses

Part 5--Transitional provisions for Petroleum and Other Legislation Amendment Act 2005

938A. Pipeline licences
938B. Requests for pipeline licences
938C. 1923 Act water bores
938D. Decommissioning wells and bores

Part 6--Transitional provision for Mining and Other Legislation Amendment Act 2007

939. Provision for amendment of s 893

Part 7--Transitional provisions for the Revenue and Other Legislation Amendment Act 2008, part 5

940. Quarter to which post-amended ss 593 and 594 first apply
941. Pre-amended Act applies to certain months

Part 8--Transitional provision for Mines and Energy Legislation Amendment Act 2008

942. Provision for amendment of s 877
SCHEDULE 1 REVIEWS AND APPEALS
SCHEDULE 2 DICTIONARY
Endnotes

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