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PETROLEUM AND GAS (PRODUCTION AND SAFETY) ACT 2004 - SECT 800 Restriction on petroleum tenure activities

PETROLEUM AND GAS (PRODUCTION AND SAFETY) ACT 2004 - SECT 800

Restriction on petroleum tenure activities

800 Restriction on petroleum tenure activities

(1) A person must not carry out a petroleum tenure activity in relation to land unless—
(a) the activity is carried out under this Act or the 1923 Act and under the authority of a petroleum tenure or a 1923 Act petroleum tenure; or
(b) the carrying out of the activity is necessary to preserve life or property because of a dangerous situation or emergency that exists or may exist.
Penalty—
Maximum penalty—2,000 penalty units.
Note—
This provision is an executive liability provision—see section 814 .
(2) However, subsection (1) does not apply if—
(a) the activity is the exploration for coal seam gas under a coal or oil shale mining tenement; or
(b) the land is also in the area of a coal or oil shale mining lease and the activity is coal seam gas mining; or
Note—
See the Mineral Resources Act , sections 318CN and 318CNA .
(c) the activity is an activity mentioned in section 32 (2) or 109 (2) carried out under a coal or oil shale mining lease.
Note—
See however the Gas Supply Act 2003 , section 257AA (Exemption from Petroleum and Gas (Production and Safety) Act, ss 800 , 802 and 803 for person complying with direction).
(3) In this section—


"petroleum tenure activity" means to—
(a) explore for or produce petroleum; or
(b) test, develop or use a natural underground reservoir for storage of petroleum or a prescribed storage gas; or
(c) carry out an activity necessary for, or incidental to, an activity mentioned in paragraph (a) or (b) .