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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 Energy Act 2010 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 Geothermal Act and GHG storage Act
6C. Declaration for Commonwealth 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
Division 3--Land access code
24A. Making of code
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 2A--Prospective Gas Production Land Reserve
175A. Meaning of Australian market supply condition
175B. Meaning of Australian market
175C. Supply of gas from PGPLR land
175D. Urgent exemption from application of s 175C(3)(a)
175E. Suspension of application of, or exemption from, Australian market supply condition
175F. Assessing commercial viability
175G. Deciding application
175H. Requirement to keep and give records
175I. Order to enforce compliance with s 175C
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 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 tenure 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 applications in particular circumstances
307. Applications relating to exploration tenement and mining lease not held by same person
308. Applications relating to 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. Applications relating to exploration tenement and mining lease not held by same person
336. Applications relating to 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. Applications relating to 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. Applications relating to 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 4A--Additional provisions if overlapping mineral (f) pilot tenure
Division 1--Preliminary
363A. Definitions for pt 4A
363B. Application of pt 4A
363C. Relationship with other provisions
Division 2--General suspension
363D. Suspension of authorised activities for authority to prospect
363E. Entry rights for particular activities during suspension
363F. Notice of entry under s 363E
363G. Ministerial power to suspend authority to prospect requirements
Division 3--Resolving disputes
363H. Negotiation and request to Minister
363I. Reference to Land Court
363J. Decision by Minister
Division 4--Obtaining petroleum lease if overlapping mineral (f) land or land in area of MDLA 407
363K. Additional provision about area of petroleum lease
363L. Minister may add land to petroleum lease if mineral (f) tenure ends
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 GEOTHERMAL TENURES AND GHG AUTHORITIES
Part 1--Preliminary
392AA. Relationship with chs 2 and 3
392AB. What is an overlapping authority (geothermal or GHG)
392AC. General provision about petroleum authorities for land subject to geothermal tenure or GHG authority
Part 2--Obtaining petroleum lease if overlapping tenure
Division 1--Preliminary
392AD. Application of pt 2
Division 2--Requirements for application
392AE. Requirements for making application
392AF. Content requirements for information statement
Division 3--Consultation provisions
392AG. Applicant's information obligation
392AH. Submissions by overlapping tenure holder
Division 4--Resource management decision if overlapping permit
392AI. Application of div 4
392AJ. Resource management decision
392AK. Criteria for decision
392AL. Restrictions on giving overlapping authority priority
Division 5--Process if resource management decision is to give overlapping authority priority
392AM. Application of div 5
392AN. Notice to applicant and overlapping permit holder
392AO. Overlapping lease application for all of the land
392AP. Overlapping lease application for part of the land
392AQ. No overlapping lease application
Division 6--Resource management decision not to grant and not to give priority
392AR. Lapsing of application
Division 7--Deciding application
392AS. Application of div 7
392AT. Application may be refused if no reasonable prospects of future geothermal or GHG coordination arrangement
392AU. Additional criteria for deciding provisions of petroleum lease
392AV. Publication of outcome of application
Part 3--Priority to particular geothermal or GHG lease applications
392AW. Earlier geothermal or GHG lease application
392AX. Proposed geothermal or GHG lease for which EIS approval given
392AY. Proposed geothermal or GHG lease declared a significant project
Part 4--Petroleum lease applications in response to invitation under Geothermal Act or GHG storage Act
392AZ. Application of pt 4
392BA. Additional ground for refusing application
Part 5--Additional provisions for petroleum authorities
Division 1--Restrictions on authorised activities for particular petroleum authorities
392BB. Overlapping geothermal or GHG lease
392BC. Overlapping geothermal permit or particular GHG authorities
392BD. Resolving disputes
Division 2--Additional conditions
392BE. Notice by authority to prospect holder to particular geothermal tenure or GHG authority holders or applicants
392BF. Condition to notify particular geothermal tenure or GHG authority holders of proposed start of particular authorised activities
392BG. Requirement to continue geothermal or GHG coordination arrangement after renewal of or dealing with petroleum lease
Division 3--Restriction on Minister's power to amend petroleum lease if overlapping tenure
392BH. Interests of overlapping tenure holder to be considered
Part 6--Additional provisions for development plans if overlapping tenure
392BI. Operation of pt 6
392BJ. Statement about interests of overlapping tenure holder
392BK. Consistency with overlapping tenure's development plan and with any relevant coordination arrangement
392BL. Additional criteria for approval
Part 7--Additional provisions for safety management plans
392BM. Grant of petroleum lease does not affect obligation to make plan
392BN. Requirements for consultation with particular overlapping tenure holders
392BO. 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 geothermal, GHG or mining 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--Requirements for entry to private land in petroleum authority area
Subdivision 1--Entry notice requirement for preliminary activities and particular advanced activities
495. Entry notice requirement
496. Required contents of entry notice
497. Exemptions from entry notice requirement
498. Provisions for waiver of entry notice
499. Giving entry notice by publication
Subdivision 2--Conduct and compensation agreement requirement for particular advanced activities
500. Conduct and compensation agreement requirement
500A. Exemptions from conduct and compensation agreement requirement
500B. Requirements for deferral agreement
Division 2--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 3--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 4--Periodic notice after entry of land
513. Notice to owners and occupiers
Division 5--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
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 if second authority is a lease
530. Access if second authority is not a lease
Part 5--Compensation and negotiated access
Division 1--Compensation other than for notifiable road uses
Subdivision 1--Preliminary
531. Application of div 1
Subdivision 2--General provisions
532. General liability to compensate
Subdivision 3--General provisions for conduct and compensation agreements
533. Conduct and compensation agreement
534. Content of conduct and compensation agreement
Subdivision 4--Negotiation process
535. Notice of intent to negotiate
536. Negotiations
536A. Provision for the minimum negotiation period
537. Cooling-off during minimum negotiation period
537A. Parties may seek conference or independent ADR
537AB. Conduct of conference or ADR
Subdivision 5--Deciding compensation through Land Court
537B. Land court may decide if negotiation process unsuccessful
537C. Land Court review of compensation
537D. Orders Land Court may make
Subdivision 6--Additional Land Court jurisdiction for compensation and related matters
537DA. What sdiv 6 is about
537DB. Additional jurisdiction
537DC. Jurisdiction to impose or vary conditions
Subdivision 7--Miscellaneous provision
537E. Compensation not affected by change in ownership or occupancy
Division 2--Compensation for notifiable road uses
537F. Liability to compensate public road authority
537G. Compensation agreement
537H. Deciding compensation through Land Court
537I. Criteria for decision
537J. Land Court review of compensation
537K. Compensation to be addressed before carrying out notifiable road use
537L. Compensation not affected by change in administration or holder
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
553A. Giving copy of required notice by publication
553B. Copy of particular notices for chief executive (environment)
Part 8--General provisions for conditions and authorised activities
Division 1--Other mandatory conditions for all petroleum authorities
554. Operation of div 1
555. Compliance with land access code
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
563A. Limitation of owner's or occupier's tortious liability for authorised activities
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
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
599A. Minister may require royalty estimate
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. Definitions for pt 5
617B. Disclosure of confidential information
617C. Other obligations about disclosure and use of confidential information
617D. 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
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 prepayment 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
669. Making safety requirement
669A. Regulation of gas devices and gas fittings
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
678A. Requirement to have resulting records for safety management plan
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
687A. Requirement of joint holders to give information about executive safety manager
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 coal or oil shale exploration tenement holder
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. Obligation 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
708E. Children under 16 not to operate plant or equipment
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 work for which licence is required
727. Gas work for which authorisation is required
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. Approval of gas devices and gas fittings for supply, installation and use
733A. False or misleading labels or records
734. Requirements for gas system installation
734A. Safety obligations of gas system installer
CHAPTER 10--CONFERENCES, INVESTIGATIONS AND ENFORCEMENT
Part 1AA--Conferences with eligible claimants or owners and occupiers
Division 1--Preliminary
734B. Application of pt 1AA
Division 2--Calling conference and attendance
734C. Calling conference
734D. Who may attend conference
734E. What happens if a party does not attend
Division 3--Conduct of conference
734F. Authorised officer's role
734G. Statements made at conference
734H. Agreement made at conference
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. Reinspection 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 internal review
818. Requirements for making application
819. Stay of operation of original decision
820. Internal review decision
821. Internal review procedure
822. Notice of internal review decision
Part 2--Appeals and external review
823. Who may appeal or apply for external review
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
Part 3--Injunctions
841A. Applying for injunction
841B. Grounds for injunction
841C. Court's powers for injunction
841D. Terms of injunction
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
851A. Public statements
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. Practice manual
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
Part 9--Transitional provisions for Mines and Energy Legislation Amendment Act 2010
943. Definitions for pt 9
944. Continuation of authorisation to carry out particular gas work—gas device (type A)
945. Continuation of authorisation to carry out particular gas work—fuel gas refrigeration device
946. Application of notice requirement under s 733
Part 10--Transitional provisions for amendments under Geothermal Energy Act 2010
Division 1--Provisions about mineral (f) pilot tenures
947. Applications for particular petroleum leases
Division 2--Provisions about land access and compensation
948. Land access code prevails over conditions
949. Existing compensation agreements other than for notifiable road uses
950. Existing entry notices
951. References to geothermal tenure
Part 11--Transitional provisions for Gas Security Amendment Act 2011
952. Definition for pt 11
953. Application of s 118 to existing applications
954. Date of effect of amendment of s 910
955. Effect of regulation amendment
Part 12--Transitional provision for Community Ambulance Cover Levy Repeal and Revenue and Other Legislation Amendment Act 2011
956. Particular applications taken to be properly made
SCHEDULE 1 -- REVIEWS AND APPEALS
SCHEDULE 2 -- DICTIONARY
Endnotes
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