PETROLEUM AND GAS (PRODUCTION AND SAFETY) ACT 2004 - As at 4 April 2024 - Act 25 of 2004
PETROLEUM AND GAS (PRODUCTION AND SAFETY) ACT 2004
- As at 4 April 2024
- Act 25 of 2004
TABLE OF PROVISIONS
Long Title
CHAPTER 1 - PRELIMINARY
PART 1 - INTRODUCTION
1. Short title
2. Commencement
PART 2 - PURPOSE AND APPLICATION OF ACT
3. Main purpose of Act
3A. Other purposes of Act
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
6BA. Relationship with Common Provisions 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, fuel gas and hydrogen gas blend
11A. Meaning of regulated hydrogen
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
15A. What is produced water
16. What is a pipeline
16A. What is a distribution 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Division 3 - (Repealed)
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. (Repealed)
30. Petroleum authority does not create an interest in land
30AA. Extinguishing petroleum interests on the taking of land in a petroleum authority’s area (other than by an easement)
30AB. Effect of extinguishment of petroleum interests on the taking of land in a petroleum authority’s area (other than by an easement)
30AC. Applications relating to land taken under a resumption law for which petroleum interests were extinguished
30AD. Compensation for effect of taking of land in a petroleum authority’s area on petroleum interests
30A. Joint holders of a petroleum authority
CHAPTER 2 - PETROLEUM TENURES AND RELATED MATTERS
Notes—
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
37A. Rejection of tender if tenderer disqualified
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
42A. Amendment of conditions by Minister if exceptional event
43. Criteria for decisions
44. Notice to unsuccessful tenderers
Division 3 - Work programs
Subdivision 1 - Types of work program
45. Types of work program for authority to prospect
Subdivision 2 - Requirements for proposed initial work programs
46. Operation of subdivision
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
55A. Modified application of ch 14, pt 1
56. Authority taken to have work program until decision on whether to approve proposed later work program
57. Deciding whether to approve proposed later work 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. (Repealed)
62. Deciding application
63. Steps after, and taking effect of, decision
Subdivision 7 - (Repealed)
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
64A. What is the relinquishment day
65. Standard relinquishment condition
65A. Consequence of failure to comply with relinquishment condition
66. Part usually required to be relinquished
66A. Standard relinquishment condition deferred while petroleum lease application is undecided
66B. Sub-blocks that may be counted towards relinquishment
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 or sub-blocks
71. Ending of authority to prospect if all of its area relinquished
Subdivision 2A - Mandatory conditions for particular types of testing
71A. ATP production testing
71B. ATP storage testing
71C. Authority to prospect holder must notify chief executive if testing stops
Subdivision 3 - Other mandatory conditions
72. Restriction on flaring or venting
73. (Repealed)
74. (Repealed)
75. Petroleum royalty and annual rent
76. Civil penalty for nonpayment of annual rent
77. Requirement to have work program
78. Compliance with 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
80A. Power to impose or amend condition if changed holder of authority to prospect
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
Subdivision 2A - Amalgamating potential commercial areas
107AA. Applying to amalgamate
107AB. Requirements for making application
107AC. Deciding application
107AD. Term of declaration
107AE. Steps after deciding application
Subdivision 3 - Special amendment of relinquishment requirements or work program
107A. Application for special amendment
107B. Special amendment of relinquishment requirements
107C. Special amendment of work program
107D. Approval of special amendment
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. Construction and operation of petroleum pipelines
111. Petroleum processing
111A. Processing produced water
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
118A. Rejection of ATP-related application if applicant disqualified
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 coordinated 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
128A. Rejection of tender if tenderer disqualified
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
Note—
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
145A. Modified application of ch 14, pt 1
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
Subdivision 1 - Preliminary
150. Operation of div 5
Subdivision 2 - Key mandatory conditions for particular types of testing
150A. PL production testing
150B. Approval of particular ATP production testing taken to be approval for PL production testing
150C. PL storage testing
150D. Approval of particular ATP storage testing taken to be approval for PL storage testing
150E. Petroleum lease holder must notify chief executive if testing stops
Subdivision 3 - Other key mandatory conditions
151. Restriction on flaring or venting
152. (Repealed)
153. (Repealed)
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
160A. Power to impose or amend condition if changed holder of petroleum lease
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 1A - Amalgamating particular petroleum leases
170A. Applying to amalgamate petroleum leases
170B. Applying to amalgamate 1923 Act lease
170C. Requirements for making application
170D. Deciding application
170E. Provisions of amalgamated lease
170F. Steps after deciding application
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
Subdivision 3 - Changing production commencement day
175AA. When holder may apply to change production commencement day
175AB. Requirements for making application
175AC. Deciding application
175AD. Information notice about decision
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
Note—
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—general
186. Underground water rights—limited additional rights
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 - (Repealed)
PART 10 - GENERAL PROVISIONS FOR PETROLEUM WELLS, WATER INJECTION BORES, WATER OBSERVATION BORES AND WATER SUPPLY BORES
Division 1 - Restrictions on drilling
281. Requirements for drilling petroleum well
282. Restriction on who may drill water injection bore, water observation bore or water supply bore
Division 2 - Converting petroleum well to water injection bore, water observation bore or water supply bore
282A. Application of div 2
283. Restrictions on making conversion
284. Notice of conversion
284A. Time of conversion
Division 3 - Transfers of petroleum wells, water injection bores, 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 injection bore, water observation bore or water supply bore to landowner
288A. Transfer of water observation bore to State
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 injection bores, 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
Division 5 - Remediation activity
294A. Definitions for div 5
294B. Authorised person to carry out remediation activities
294C. Entering land to carry out remediation activities
294D. Notice of entry
294E. Obligation of authorised person in carrying out remediation activity
294F. Application of particular safety Acts to remediation activity
CHAPTER 3 - PROVISIONS FOR COAL SEAM GAS
PART 1 - PRELIMINARY
Division 1 - Introduction
295. (Repealed)
296. (Repealed)
297. Relationship with chs 2 and 5 and ch 15, pt 3 and the Common Provisions Act
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
303A. What is a petroleum tenure
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
309. (Repealed)
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 coordinated 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
337. (Repealed)
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
347. (Repealed)
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
355. (Repealed)
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 SYSTEM
385. Grant of petroleum lease does not affect obligation to make safety management system
386. Requirement for joint interaction management plan
387. (Repealed)
388. (Repealed)
389. (Repealed)
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 coordinated 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 SYSTEMS
392BM. Grant of petroleum lease does not affect obligation to make safety management system
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
Note—
PART 1 - SURVEY LICENCES
Division 1 - Key authorised activities
393. Operation 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
Note—
Division 1 - Key authorised activities
Subdivision 1 - Preliminary
398. Operation of div 1
399. What is pipeline land for a pipeline licence
399A. Written permission binds owner’s successors and assigns
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
409B. Rejection of application if applicant disqualified
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 coordinated 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. Obligations relating to safety management study
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
422A. Obligation to hold relevant environmental authority and water licence
423. Annual fees
424. Civil penalty for nonpayment of annual fees
424A. Power to impose or amend condition if changed holder of pipeline licence
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 or infrastructure
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 pipeline licence holder’s liability
437A. Creation of easement by registration
PART 3 - PETROLEUM FACILITY LICENCES
Note—
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 1A - Petroleum facility licence not required in relation to particular facilities
442A. When petroleum facility licence not required
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
445B. Rejection of application if applicant disqualified
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 coordinated 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. (Repealed)
452. Obligation to construct facility
453. Obligation to operate facility
454. Annual licence fee
455. Civil penalty for nonpayment of annual licence fee
455A. Power to impose or amend condition if changed holder of petroleum facility licence
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
Note—
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 - (Repealed)
PART 3 - (Repealed)
PART 4 - (Repealed)
PART 5 - (Repealed)
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
Note—
543. Requirement of petroleum tenure holder to report outcome of testing
543A. Notice about water injection bore, water observation bore or water supply bore to Water Act regulator
544. (Repealed)
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
552A. (Repealed)
552B. (Repealed)
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
556. (Repealed)
557. Obligation to comply with Act and prescribed standards
558. Obligation to survey if Minister requires
558A. (Repealed)
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 this division
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 - (Repealed)
PART 10 - (Repealed)
PART 10A - (Repealed)
PART 10B - (Repealed)
PART 11 - SURRENDERS
574. (Repealed)
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 to surrender a pipeline licence
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
589A. Relationship of chapter with Taxation Administration Act 2001
590. Imposition of petroleum royalty on petroleum producers
591. General exemptions from petroleum royalty
591A. Exemption for production testing
592. Revenue commissioner may decide measurement or information required for royalty return
592A. Requirement to lodge royalty returns
593. Revenue commissioner may require royalty estimate
594. Regulation may impose civil penalties
595. (Repealed)
596. (Repealed)
597. (Repealed)
598. (Repealed)
599. (Repealed)
599B. (Repealed)
599C. (Repealed)
599D. (Repealed)
599E. (Repealed)
599F. (Repealed)
599G. (Repealed)
599H. (Repealed)
599I. (Repealed)
599J. (Repealed)
599K. (Repealed)
599L. (Repealed)
599M. (Repealed)
599N. (Repealed)
599O. (Repealed)
599P. (Repealed)
599Q. (Repealed)
600. (Repealed)
601. (Repealed)
601A. (Repealed)
601B. (Repealed)
602. (Repealed)
602A. (Repealed)
603. (Repealed)
604. (Repealed)
604AA. (Repealed)
604AB. (Repealed)
604AC. (Repealed)
604AD. (Repealed)
604AE. (Repealed)
604AF. (Repealed)
604AG. (Repealed)
604B. (Repealed)
604C. (Repealed)
604D. (Repealed)
604E. (Repealed)
604F. (Repealed)
604G. (Repealed)
605. (Repealed)
606. (Repealed)
607. (Repealed)
608. (Repealed)
609. (Repealed)
610. (Repealed)
611. (Repealed)
612. (Repealed)
613. (Repealed)
614. (Repealed)
615. (Repealed)
616. (Repealed)
616A. (Repealed)
616B. (Repealed)
616C. (Repealed)
616D. (Repealed)
617. (Repealed)
617A. (Repealed)
617B. (Repealed)
617C. (Repealed)
617D. (Repealed)
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. (Repealed)
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 SYSTEMS
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
Note—
673A. (Repealed)
674. Requirement to have safety management system
675. Content requirements for safety management systems
675A. Generic safety management systems
676. Publication of and access to safety management system
677. Operator responsible for compliance with safety management system
678. When safety management system must be revised
678A. Requirement to have resulting records for safety management system
Division 3 - Validation of safety management systems
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 systems 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 INFORMATION NOTICE
Division 1 - Executive safety manager
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. (Repealed)
690. (Repealed)
691. (Repealed)
Division 2 - Site safety manager
692. Site safety manager
693. Site safety manager’s obligations
694. Default site safety manager
Division 3 - Information notices
694A. Executive safety manager and operator to give information notices
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 - (Repealed)
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 system
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 or coal resource authority
Subdivision 1 - Joint interaction management plans
705. Application of sdiv 1
705A. Definitions for sdiv 1
705B. Requirement for joint interaction management plan
705C. Content of joint interaction management plan
705CA. Notification of making of joint interaction management plan
705CB. Review
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
728. Who may apply
728A. Requirements for application
728B. Interim licence or authorisation
728C. Deciding application
728D. Term of gas work licence or authorisation
729. Offence not to comply with conditions
PART 6A - APPROVAL OF GAS DEVICES
Division 1 - Approval requirement
731AA. Approval of gas devices for supply, installation and use
Division 2 - Gas device approval authorities
731AB. Who may apply
731AC. Requirements for application
731AD. Deciding application
731AE. Term of gas device approval authority
731AF. Conditions for gas device approval authority
731AG. Offence not to comply with conditions
PART 7 - MISCELLANEOUS PROVISIONS
731A. Person may owe obligations in more than 1 capacity
731B. Person not relieved of obligations
732. Increase in maximum penalties in circumstances of aggravation
732A. Defences for certain offences
732B. Technical advisory committees
733. (Repealed)
733A. False or misleading labels or records
734. Requirements for gas system installation
734A. Safety obligations of gas system installer
734AA. Safe use of gas devices
734AB. Register
734AC. Access to register
CHAPTER 10 - INVESTIGATIONS AND ENFORCEMENT
PART 1AA - (Repealed)
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 system
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
PART 3 - REMEDIATION OF ABANDONED OPERATING PLANT
799B. Definitions for part
799C. Meaning of abandoned operating plant
799CA. Meaning of remediation activity
799D. Authorised person to carry out remediation activities
799E. Entering land to carry out remediation activities
799F. Notice of entry
799G. Consent of owner or occupier to enter affected land
799GA. Obligation of authorised person in carrying out remediation activities
799GB. Report to owner and occupier after entry of affected land
799H. Abandoned operating plant is not operating plant
CHAPTER 11 - GENERAL OFFENCES
PART 1AA - INDUSTRIAL MANSLAUGHTER
799I. Definitions for part
799J. Exception for the Criminal Code, s 23
799K. Industrial manslaughter—employer
799L. Industrial manslaughter—senior officer
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, fuel gas and other substances 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 documents or statements
814. Liability of executive officer—particular offences committed by corporation
814A. Executive officer may be taken to have committed offence
815. Supply of fuel gas in 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 systems
PART 2 - OFFENCE PROCEEDINGS
837. Proceedings for offences
837A. WHS prosecutor may ask CEO for information
837B. CEO’s duty to disclose information to WHS prosecutor
837C. Procedure if prosecution not brought
838. Statement of complainant’s knowledge
839. Allegations of false or misleading matters
840. Responsibility for acts or omissions of representative
840A. Costs of investigation
841. Orders about forfeiture 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
Notes—
842. Requirements for making an application
843. Request to applicant about application
843A. Refusing application for failure to comply with request
843B. Notice to progress petroleum authority or renewal applications
843C. Particular criteria generally not exhaustive
843D. Particular grounds for refusal generally not exhaustive
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. (Repealed)
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
851AA. Place or way for making applications or giving or lodging documents
851AB. Period of effect of particular later work programs
851AC. Period of effect of particular later development plans
851AD. Extended period for applying to change production commencement day
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, CEO or chief inspector
858. Approved forms
858A. (Repealed)
859. Regulation-making power
CHAPTER 15 - REPEAL, TRANSITIONAL AND VALIDATION 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
935. (Repealed)
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. (Repealed)
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
PART 13 - TRANSITIONAL PROVISIONS FOR MINES LEGISLATION (STREAMLINING) AMENDMENT ACT 2012
Division 1 - Preliminary
957. Definitions for pt 13
Division 2 - Transitional provisions for amendments in amending Act commencing on assent
958. Land in a petroleum authority’s area taken before the commencement
959. Land in a petroleum authority’s area for which notice of intention to resume given before the commencement
960. Existing water pipeline for petroleum lease
961. Existing written permission to enter land to construct and operate pipeline
962. Authority to prospect taken to be properly granted
963. Grant applications
Division 3 - Transitional provisions for amendments in amending Act commencing by proclamation
964. Definition for div 3
965. When holder of an existing petroleum lease may apply to change production commencement day
966. Particular requirements for infrastructure reports under s 552A for existing petroleum leases
967. Unfinished indications about approval of dealing
968. Continuing indications about approval of dealing
969. Undecided applications for approval of dealing
970. Deciding applications for approval of assessable transfers until commencement of particular provisions
971. Uncommenced review of refusal to approve particular dealing
972. Unfinished review of refusal to approve particular dealing
973. Amending work programs
PART 14 - TRANSITIONAL PROVISIONS FOR FISCAL REPAIR AMENDMENT ACT 2012
974. Application of Act to particular unpaid royalty
975. Remission of late payment fee under s 595
PART 15 - TRANSITIONAL PROVISION FOR MINING AND OTHER LEGISLATION AMENDMENT ACT 2013
976. Existing competitive tenders
PART 16 - TRANSITIONAL PROVISIONS FOR LAND, WATER AND OTHER LEGISLATION AMENDMENT ACT 2013
977. Definitions for pt 16
978. Continuation of conversion of well
979. Drilling water observation bores or water supply bores
980. Converting petroleum wells to water supply bores
981. Statement on approved form under s 288 if bore drilled or well converted before the commencement
982. Statement on approved form under s 290 if water observation bore drilled before the commencement
PART 17 - TRANSITIONAL PROVISION FOR MINERAL AND ENERGY RESOURCES (COMMON PROVISIONS) ACT 2014
983. Continued appeal right for particular decisions
984. Existing practice manuals
985. Existing application for data acquisition authority
986. Existing application for survey licence
PART 18 - TRANSITIONAL PROVISIONS FOR REVENUE LEGISLATION AMENDMENT ACT 2014
988. Application of assessment and royalty penalty provisions for petroleum royalty payable for period occurring before 1 July 2014
989. Application of s 604AB to particular administrators
PART 19 - TRANSITIONAL AND VALIDATION PROVISIONS FOR WATER REFORM AND OTHER LEGISLATION AMENDMENT ACT 2014
990. Application of joint interaction management plan provisions
990A. Requirement for joint interaction management plan by particular date
991. Return of seized things
991A. Validation of particular orders for costs
PART 20 - VALIDATION PROVISION FOR LAND AND OTHER LEGISLATION AMENDMENT ACT 2017
992. Validation of particular appointments
PART 21 - TRANSITIONAL PROVISIONS FOR MINERAL, WATER AND OTHER LEGISLATION AMENDMENT ACT 2018
993. Requirement for joint interaction management plan relating to overlapping authority to prospect, petroleum lease, or water monitoring authority, under 1923 Act
994. Existing condition of petroleum lease no longer applies
995. Determining period for exemption for production testing—s 591A
PART 22 - TRANSITIONAL PROVISIONS FOR LAND, EXPLOSIVES AND OTHER LEGISLATION AMENDMENT ACT 2019
996. Definition for part
997. Offence proceedings
998. Existing approvals
999. Persons or bodies approved by the chief inspector
1000. Fuel gas delivery networks
PART 23 - TRANSITIONAL PROVISION FOR REVENUE LEGISLATION AMENDMENT ACT 2018
1001. Validity of determinations of petroleum royalty made before 1 July 2014
PART 24 - TRANSITIONAL PROVISIONS FOR NATURAL RESOURCES AND OTHER LEGISLATION AMENDMENT ACT 2019
1002. Definition for part
1003. Power to impose, vary or remove condition of authority to prospect
1004. Relinquishment requirements
1005. Existing applications for renewal of authority to prospect
PART 25 - TRANSITIONAL AND VALIDATION PROVISIONS FOR REVENUE AND OTHER LEGISLATION AMENDMENT ACT 2019
1006. Rate of petroleum royalty payable for annual return period ending 31 December 2019
1007. Giving of documents by Minister under royalty provisions before commencement
PART 26 - TRANSITIONAL PROVISIONS FOR RESOURCES SAFETY AND HEALTH QUEENSLAND ACT 2020
1008. Definitions for part
1009. Functions performed and powers exercised by chief executive
1010. References to chief executive
1011. Existing proceedings
1012. References to department
PART 27 - TRANSITIONAL PROVISIONS FOR MINERAL AND ENERGY RESOURCES AND OTHER LEGISLATION AMENDMENT ACT 2020
1013. Power to impose or amend condition if changed holder of particular petroleum authorities
1014. Restriction on pipeline licence if there is an existing geothermal, GHG or mining lease
1015. Restriction on petroleum facility licence if there is an existing mining lease
1016. Conferences with eligible claimants or owners or occupiers started before commencement
1017. Existing authority to carry out remediation activities
PART 28 - TRANSITIONAL PROVISIONS FOR ROYALTY LEGISLATION AMENDMENT ACT 2020
1018. Definitions for part
1019. Application of Taxation Administration Act 2001 to liability for royalty-related amounts
1020. This Act as revenue law for Taxation Administration Act 2001
1021. References in Taxation Administration Act 2001
1022. Application of Taxation Administration Act 2001, s 38 (Applying amounts to current and future tax liabilities)
1023. Application of Taxation Administration Act 2001, s 138 (Second or subsequent offence)
1024. Application of former ch 6, pt 2 (Royalty administration)
1025. Application of particular provisions to reassessment
1026. Proceedings for particular offences
1027. Revenue commissioner may do particular things
1028. Delegations
1029. References to the Minister
1030. Royalty investigators
1031. Annual return period starting on 1 July 2020 and ending on 30 June 2021 taken to end on 30 September 2020 for former ch 6
1032. Annual return period starting on 1 January 2020 and ending on 31 December 2020 taken to end on 30 September 2020 for former ch 6
1033. (Expired)
PART 29 - TRANSITIONAL PROVISION FOR COAL MINING SAFETY AND HEALTH AND OTHER LEGISLATION AMENDMENT ACT 2022
1034. Application of new s 790 to noncompliance action
PART 30 - TRANSITIONAL PROVISIONS FOR GAS SUPPLY AND OTHER LEGISLATION (HYDROGEN INDUSTRY DEVELOPMENT) AMENDMENT ACT 2023
1035. Definitions for part
1036. Existing applications for pipeline licences
1037. Existing pipeline licences
1038. Notice of substances transported through existing pipeline
1039. Existing pipes and systems
SCHEDULE 1
SCHEDULE 2
