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MINERAL AND ENERGY RESOURCES (COMMON PROVISIONS) REGULATION 2016

- Made under the Mineral and Energy Resources (Common Provisions) Act 2014 - As at 9 June 2023 - Reg 169 of 2016

Table of Provisions

CHAPTER 1 - PRELIMINARY

  • 1 Short title
  • 2 Commencement
  • 3 Definitions

CHAPTER 2 - DEALINGS AND CAVEATS

PART 1 - DEALINGS

  • 4 Prescribed dealings—Act, s 17
  • 4A Notifiable dealings—Act, s 17A
  • 5 Prohibited dealings—Act, s 18
  • 6 Transmission by death—Act, s 19B
  • 7 Sale by mortgagee or holder of charge—Act, s 19B
  • 8 Bankruptcy—Act, s 19B
  • 9 Administration, receivership or liquidation—Act, s 19B
  • 10 Deciding application for registration of prescribed dealing that is assessable transfer—Act, ss 19 and 194
  • 11 Deciding application for registration of prescribed dealing other than assessable transfer—Act, ss 19 and 194
  • 12 Deciding application for indicative approval—Act, ss 23 and 194
  • 13 Prescribed period for application for registration after indicative approval—Act, s 23

PART 2 - CAVEATS

  • 14 Prohibited caveats—Act, s 25
  • 15 Instruments not prevented from being registered—Act, s 26

CHAPTER 3 - LAND ACCESS

PART 1 - LAND ACCESS CODE

  • 16 Land access code for private land—Act, s 36

PART 2 - PRIVATE LAND

  • 17 Entry notice—Act, s 39
  • 18 Maximum period for entry—Act, s 39
  • 19 Application for approval to give entry notices by publication—Act, s 41 and 188
  • 20 Waiver of entry notice—Act, s 42
  • 21 Deferral agreement—Act, s 44
  • 22 Opt-out agreement—Act, s 45
  • 23 Report to owner or occupier—Act, s 54

PART 3 - PUBLIC LAND

Division 1 - Entry to public land

  • 24 Periodic entry notice—Act, s 57
  • 25 Waiver of entry notice—Act, s 60

Division 2 - Notifiable road use

  • 26 Notifiable road use—Act, s 62
  • 27 Notice of notifiable road use—Act, s 63
  • 28 Exempted resource authority—Act, s 65

PART 4 - RESTRICTED LAND

  • 29 Activities that are not prescribed activities—Act, s 67

PART 5 - COMPENSATION AND NEGOTIATED ACCESS

  • 30 Conduct and compensation agreement—Act, s 83
  • 30A Conference election notice—Act, s 83A
  • 30B Conduct of conference—Act, s 83B
  • 31 Negotiation notice—Act, s 84
  • 32 Minimum negotiation period—Act, s 85
  • 33 Arbitration election notice—Act, s 91A
  • 34 Requirements for road compensation agreement—Act, s 94

PART 6 - MISCELLANEOUS

  • 35 Prescribed criteria for deciding compensation by Land Court—Act, s 100
  • 35A Conduct of conference about concerns—Act, s 101F
  • 36 Prescribed period for complying with requirement to give chief executive copy of notice or consent—Act, s 205
  • 36A. (Repealed)
  • 36B Prescribed ADR institutes—Act, sch 2, def prescribed ADR institute

CHAPTER 4 - OVERLAPPING COAL AND PETROLEUM RESOURCE AUTHORITIES

PART 1 - PRELIMINARY

  • 37 Definitions for chapter

PART 2 - RIGHT OF WAY FOR COAL

  • 38 Notice to chief executive about new mining commencement date—Act, s 127
  • 39 Prescribed threshold for petroleum production—Act, s 127
  • 40 Notice to chief executive about agreed joint development plan—Act, s 130
  • 41 Contract for delivery of incidental coal seam gas by ML (coal) holder—Act, s 138
  • 42 Notice of offer or re-offer of supply of incidental coal seam gas—Act, s 138

PART 3 - SUBSEQUENT PETROLEUM PRODUCTION

  • 43 Notice to chief executive about agreed joint development plan—Act, s 142

PART 4 - COMPENSATION

  • 44 Definition for part
  • 45 Lost production—Act, s 162
  • 46 Cost of replacement of PL major gas infrastructure—Act, s 163
  • 47 Cost of replacement of PL minor gas infrastructure—Act, s 164
  • 48 Cost of replacement of PL connecting infrastructure—Act, s 165
  • 49 Cost of abandonment of ATP major gas infrastructure—Act, s 166
  • 50 Minimising compensation liability—Act, s 170
  • 51 Offsetting of compensation liability—Act, s 171
  • 52 Reconciliation payment—Act, s 172

PART 5 - DISPUTE RESOLUTION

  • 53 Prescribed arbitration institutes—Act, sch 2, def prescribed arbitration institute
  • 54 Matters arbitrator must consider in deciding award—Act, 178
  • 55 Experts appointed by arbitrator—Act, s 179

CHAPTER 5 - APPLICATIONS AND OTHER DOCUMENTS

  • 56 Requirements for amending application—Act, s 191
  • 57 Requirements for withdrawing application—Act, s 192
  • 58 Prescribed minimum period for complying with directions about applications—Act, s 193
  • 59 Prescribed place of lodging documents—Act, s 196
  • 60 Prescribed way of lodging documents—Act, s 196

CHAPTER 6 - MISCELLANEOUS

  • 61 Fees
  • 62 Surat Basin Transitional Area—Act, s 242

CHAPTER 7 - TRANSITIONAL PROVISIONS FOR MINERAL AND ENERGY RESOURCES AND OTHER LEGISLATION AMENDMENT ACT 2020

  • 63 Application for registration of prescribed dealing that is assessable transfer made before commencement—ERC decision not relevant
  • 64 Particular prescribed dealings taken to be notifiable dealings

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