PETROLEUM AND GAS (PRODUCTION AND SAFETY) ACT 2004 - SCHEDULE 2

PETROLEUM AND GAS (PRODUCTION AND SAFETY) ACT 2004 - SCHEDULE 2

SCHEDULE 2 – Dictionary

"2-year extension" ...


"12-year period" , for an authority to prospect, means—

(a) the period of 12 years commencing on the grant of the authority to prospect; or

(b) if it is a renewed authority as mentioned in section 85 —the period of 12 years from when the authority to prospect originally took effect.

1 Land is
"acquired land" if—

(a) it was taken under a resumption law, other than by taking or otherwise creating an easement; and

(b) on the taking—

(i) all petroleum interests relating to the land were extinguished under section 30AA ; or

(ii) all 1923 Act petroleum interests under the 1923 Act relating to the land were extinguished under section 124A of that Act.

2 However, land mentioned in paragraph 1 stops being
"acquired land" if it is included in the area of a new or renewed petroleum tenure granted under this Act.

1 The
"area" , of a petroleum authority, is the land to which the authority is subject, as recorded in the register.

2 The
"area" , of a coal or oil shale mining tenement, is the land to which the tenement is subject.

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

(a) an authorised officer (general); or

(b) an authorised officer (safety and health).

(a) for chapter 2 , part 10 , division 5 , see section 294A ; or

(b) for chapter 10 , part 3 , see section 799B .

(a) chapter 2 , part 1 —see section 35 (1) ; or

(b) chapter 2 , part 2 —see section 127 (1) .

(a) chapter 2 , part 1 —see section 43 (2) ; or

(b) chapter 2 , part 2 —see section 121 (3) .

(a) for an authority to prospect—see section 35 (2) (f) ; or

(b) for a petroleum lease—see section 127 (2) (c) .

(a) in association with coal or oil shale; or

(b) in strata associated with coal or oil shale mining.

(a) if an EIS was prepared under the State Development Act for the project—the Coordinator-General’s report for the EIS prepared under the State Development Act , section 34D ; or

(b) if an IAR was prepared under the State Development Act for the project—the Coordinator-General’s report for the IAR prepared under the State Development Act , section 34L .

(a) pipelines connected from the exit point of a meter installed for a consumer’s premises; or

(b) appliances or equipment connected to pipelines mentioned in paragraph (a) .

1
"drill" includes to bore.

2
"drill" , a water supply bore, includes excavating the bore.

(a) for ATP production testing or PL production testing for a petroleum well means—

(i) if the petroleum well intersects a natural underground reservoir containing coal seam gas, shale gas, tight gas or basin-centred gas and the testing relates to petroleum produced from the reservoir—the day that is 13 months from when the testing first starts; or

(ii) otherwise—the day that is 6 months from when the testing first starts; or

(b) for ATP storage testing or PL storage testing, means the day that is 6 months from when the testing first starts.

(a) means an event that—

(i) affects the carrying out of authorised activities under the authority; and

(ii) is beyond the control of the holder of the authority; and

(iii) could not reasonably have been prevented by the holder of the authority; and

(b) does not include a takeover bid under the Corporations Act , chapter 6 made or proposed by another entity in relation to the holder of the authority.

(a) an authority to prospect—means excluded land for the authority, decided under section 99 ; or

(b) a petroleum lease—means excluded land for the lease, decided under section 169 .

(a) means the supply of fuel gas to or in a container owned or provided (other than by being sold) by a person (a
"product supplier" ) to a consumer or another person in the business of distributing fuel gas; and

(b) includes an activity that is part of or incidental to the supply mentioned in paragraph (a) that is carried out by the product supplier or the product supplier’s agent.

Examples of fuel gas delivery networks—

• the delivery of cylinders of fuel gas to a consumer or to a distributor

• the filling and storing of cylinders of fuel gas, including cages of 4kg and 8.5kg exchange cylinders

• the bulk delivery of fuel gas to a container

• the filling of a tanker for delivery of fuel gas

• the maintenance of containers and storage equipment used for the supply of fuel gas

• the dispensing of fuel gas to vehicles

(a) that is used or designed or intended for use for refrigeration; and

(b) for which fuel gas is the refrigerant.

(a) any component of a gas device (type A) or gas device (type B); or

(b) a thing used, or designed or intended for use—

(i) with a gas device (type A) or gas device (type B); or

(ii) in the supply, distribution or consumption of fuel gas.

(a) a gas device;

(b) a gas fitting;

(c) a gas system;

(d) a container of fuel gas;

(e) a device used to transfer fuel gas from one container to another.

(a) consists of the following things in any combination—

(i) gas devices;

(ii) containers;

(iii) fittings;

(iv) flues;

(v) pipes; and

(b) is used with, or designed or intended to be used with, fuel gas.

Examples of gas systems—

1 an existing system of interconnected domestic gas devices installed in a dwelling house

2 a gas device, and associated pipe work, added to an existing system

3 a gas-fired industrial boiler installation

4 pipes and fittings installed without a gas device in a dwelling house

(a) of a petroleum authority, other than the following, means each person recorded as its holder in the register—

(i) a data acquisition authority;

(ii) a water monitoring authority that relates to only 1 petroleum tenure; or

(b) of a data acquisition authority, means the person mentioned in section 182 ; or

(c) of a water monitoring authority, means the person who is its holder as provided for under section 201 ; or

(d) of a gas work licence, gas work authorisation or gas device approval authority, means each person recorded as its holder in the register the chief inspector keeps under section 734AB .

(a) involves, or involves a level of risk of, death of, or injury to, a person or damage to property that is not at an acceptable level; and

(b) happens—

(i) at an operating plant, for any reason; or

(ii) at another place and is associated with a gas related device or the presence, or perceived likely presence, of petroleum or fuel gas or a prescribed storage gas.

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

(b) all rights of review or appeal under this Act;

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

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

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

(a) the chief inspector; or

(b) the deputy chief inspector, petroleum and gas.

(a) land covered by Queensland waters; and

(b) subterranean land.

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

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

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

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

(a) is of low impact on the environment; and

(b) is of low impact for land disturbance; and

(c) does not adversely affect the carrying out of an authorised activity, or is not likely to adversely affect the carrying out of a future authorised activity, under a mineral (f) tenure.

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

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

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

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

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

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

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

2 For paragraph 1, using a pipeline includes using it to transport—

(a) generally—petroleum, fuel gas, produced water, prescribed storage gases or regulated hydrogen; and

(b) if, under section 402 , the right to operate the pipeline is extended to include another substance—the other substance.

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

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

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

2 However, the
"original notional sub-blocks" do not include any sub-block completely within the area of a petroleum lease or 1923 Act lease.

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

(a) for freehold land—a registered owner;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(q) for any of the following land under the NCA —the State—

(i) a national park (scientific);

(ii) a national park;

(iii) a national park (Aboriginal land);

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

(v) a forest reserve.

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

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

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

3 The
"owner" , of a thing that has been seized under this Act, includes a person who would be entitled to possession of the thing had it not been seized.

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

(a) a petroleum authority; or

(b) a right existing under, or in relation to, a petroleum authority.

(a) for petroleum produced under this Act—the petroleum tenure holder who produces it or for whom it is produced; or

(b) for petroleum produced under the 1923 Act —the authority to prospect holder or petroleum lease holder under that Act who produces it or for whom it is produced; or

(c) for petroleum that is incidental coal seam gas mined under the Mineral Resources Act , section 318CM —the coal or oil shale mining lease holder who mines it or for whom it is mined; or

(d) for petroleum that is coal seam gas mined under a mineral hydrocarbon mining lease—the coal or oil shale mining lease holder who mines it or for whom it is mined.

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

(a) to explore for or produce petroleum; or

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

(c) through which petroleum or a prescribed storage gas may be produced.

2 For item 1, a prescribed storage gas is produced when it is recovered or released to ground level from a natural underground reservoir in which it has been contained or from which it is extracted.

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

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

(a) a water injection bore;

(b) a water observation bore;

(c) a water supply bore;

(d) an existing Water Act bore;

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

(a) hinder;

(b) obstruct.

1
"Private land" is—

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

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

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

(a) a mining interest;

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

(c) a GHG authority;

(d) a geothermal tenure;

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

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

(a) the day stated under section 123 (3) (c) for the lease; or

(b) if the day mentioned in paragraph (a) has been changed under section 175AC —that day as changed from time to time under section 175AC .

(a) private land; or

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

(i) a mining interest;

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

(iii) a GHG authority;

(iv) a geothermal tenure;

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

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

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

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

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

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

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

(ii) pedestrian traffic; and

(c) is controlled by a public road authority.

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

• a bridge, culvert, ford, tunnel or viaduct

• a pedestrian or bicycle path

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

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

(a) in a journal published by the department or under the Minister’s authority;

(b) in another publication considered appropriate by—

(i) generally—the Minister; or

(ii) if the subject of the notice relates to safety—the chief inspector;

(c) on the department’s web site on the internet;

(d) by placing it on a public notice board, established and maintained by the department, at—

(i) the department’s head office; and

(ii) other places the chief executive considers appropriate.

1 Generally, the
"relinquishment condition" , for an authority to prospect is the
"relinquishment condition" under section 65 (1) .

2 However if chapter 15 , part 3 , division 2 applies, and the authority is an authority to which section 878 or 879 applies, the
"relinquishment condition" for the authority is the
"relinquishment condition" under that section.

3 The
"relinquishment condition" for a lease is the
"relinquishment condition" under section 329 (2) .

(a) for chapter 2 , part 10 , division 5 —see section 294B ; or

(b) for chapter 10 , part 3 —see section 799CA .

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

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

Examples of other laws for subparagraph (i)—

†¢ Electricity Act 1994 , section 116

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

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

(iii) sections 456 to 458 of this Act;

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

(v) the State Development Act , section 82 or 125 ;

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

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

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

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

(a) an amount of petroleum royalty;

(b) a civil penalty under section 594 or other penalty tax;

(c) a royalty fee under the Taxation Administration Act 2001 ;

(d) unpaid tax interest under the Taxation Administration Act 2001 .

1 A safety management system, for an operating plant, is—

(a) the system made under section 674 as in force from time to time; and

Note—

If chapter 9 , part 4 , division 5 , subdivision 1 applies for an operating plant, the safety management system under section 674 must include a joint interaction management plan.

(b) an auditable documented system that forms part of an overall management system for the plant.

2 If the plant has stages, a reference to the term includes the parts of the safety management system developed for each stage.

(a) chapter 2 , part 1 —see section 43 (3) ; or

(b) chapter 2 , part 2 —see section 121 (4) .

(a) chapter 2 , part 1 —see section 35 (2) (h) (iii) ; or

(b) chapter 2 , part 2 —see section 127 (2) (e) (iii) .

1
"Supply" means to supply by way of business.

2 The term includes each of the following—

(a) give or sell;

(b) agree, attempt or offer to give or sell;

(c) advertise to give or sell;

(d) cause or permit to be given or sold;

(e) give away or swap.

(a) the exploration for, and testing of, coal or oil shale to be used for the production of mineral (f); or

(b) the production, processing, refining, storage or transportation of mineral (f).

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

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

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

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

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

(a) a bore to inject water or brine into a part of a geological formation or structure that is suitable to store water or brine; or

(b) a petroleum well that, under chapter 2 , part 10 , division 2 , has been, or is taken to have been, converted to a water injection bore.

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

(a) a petroleum well that, under chapter 2 , part 10 , division 2 , has been, or is taken to have been, converted to a water observation bore; and

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

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

1 A
"water supply bore" includes a petroleum well that, under chapter 2 , part 10 , division 2 , has been, or is taken to have been, converted to a water supply bore.

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

(a) in relation to an operating plant or gas work, for chapter 11 , part 1AA , see section 799I (1) ; or

(b) at a place, means a person who is employed or contracted to carry out work at the place, whether or not the work is gas work.