Petroleum Act 1923

An Act to make better provision for encouraging and regulating the mining for petroleum and natural gas in the State and the conveying of petroleum and natural gas, wherever recovered

Long title amd 1997 No. 71 s 3

1Short title

This Act may be cited as the Petroleum Act 1923 .

s 1 sub 1995 No. 22 s 3 sch

2Definitions

In this Act—

1923 Act petroleum interest means—

(a)a 1923 Act petroleum tenure; or

(b)a right existing under, or in relation to, a 1923 Act petroleum tenure.

def 1923 Act petroleum interest ins 2012 No. 20 s 66 (1)

1923 Act petroleum tenure—

(a)generally, means an authority to prospect or lease under this Act; and

(b)for the following parts, includes a water monitoring authority—

(i)part 6B;

(ii)parts 6H to 6K;

(iii)part 6L, division 2;

(iv)parts 6M, 6O, 6P and 6R.

def 1923 Act petroleum tenure ins 2004 No. 26 s 4 (2)

sub 2010 No. 53 s 65 (1)–(2)

amd 2013 No. 23 s 153

2004 Act means the Petroleum and Gas (Production and Safety) Act 2004 .

def 2004 Act ins 2004 No. 26 s 4 (2)

2004 Act ATP means an authority to prospect under the 2004 Act.

def 2004 Act ATP ins 2004 No. 26 s 4 (2)

2004 Act lease means a petroleum lease under the 2004 Act.

def 2004 Act lease ins 2004 No. 26 s 4 (2)

2004 Act petroleum authority see the 2004 Act, section 18 (2).

def 2004 Act petroleum authority ins 2005 No. 3 s 10 (2)

2004 Act petroleum tenure means a 2004 Act ATP or 2004 Act lease.

def 2004 Act petroleum tenure ins 2004 No. 26 s 4 (2)

2004 Act start day ...

def 2004 Act start day ins 2004 No. 26 s 4 (2)

om 2007 No. 46 s 241 sch

access ...

def access ins 1995 No. 22 s 4 (2)

om 2003 No. 29 s 373

access agreement ...

def access agreement ins 1995 No. 22 s 4 (2)

om 2003 No. 29 s 373

access dispute ...

def access dispute ins 1995 No. 22 s 4 (2)

om 2003 No. 29 s 373

access principles ...

def access principles ins 1995 No. 22 s 4 (2)

sub 1997 No. 71 s 4 (1)–(2)

om 2003 No. 29 s 373

access provider ...

def access provider ins 1995 No. 22 s 4 (2)

om 2003 No. 29 s 373

acquired land means land that was taken under a resumption law, other than by taking or otherwise creating an easement, if all petroleum interests relating to the land were extinguished under section 124A.

def acquired land ins 2012 No. 20 s 66 (1)

ADR see section 79VA (2) (b).

def ADR ins 2010 No. 31 s 468 (2)

advanced activity, for a provision about a 1923 Act petroleum tenure, means an authorised activity for the tenure other than a preliminary activity for the tenure.

Examples—

•levelling of drilling pads and digging sumps

•earthworks associated with pipeline installation

•vegetation clear-felling

•constructing an exploration camp, concrete pad, sewage or water treatment facility or fuel dump

•geophysical surveying with physical clearing

•carrying out a seismic survey using explosives

•constructing a track or access road

•changing a fence line

def advanced activity ins 2010 No. 31 s 468 (2)

ALA means the Acquisition of Land Act 1967 .

def ALA ins 2012 No. 20 s 66 (1)

appeal period, for a decision, means the period provided for under section 105 for starting an appeal against the decision.

def appeal period ins 2004 No. 26 s 4 (2)

apply, in relation to making an application, has the meaning affected by section 124AA.

def apply ins 2012 No. 20 s 246 (2)

appropriately qualified, for the performance of a function or exercise of a power, includes having the qualifications, experience and competence to perform the function or exercise the power.

def appropriately qualified ins 2012 No. 20 s 246 (2)

approved arbitrator ...

def approved arbitrator ins 1995 No. 22 s 4 (2)

om 2003 No. 29 s 373

area—

1

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

2

However, the area of a 1923 Act petroleum tenure does not include any excluded land for the tenure.

Note—

See also section 124B in relation to the exclusion of land from a 1923 Act petroleum tenure’s area following the taking of the land under a resumption law.

3

The area of a 2004 Act petroleum tenure is the land to which the tenure is subject, as recorded in the petroleum register under that Act.

4

The area of a mining tenement is the land to which the tenement is subject.

def area ins 2004 No. 26 s 4 (2)

amd 2012 No. 20 s 66 (2)

assessable transfer, for part 6N, see section 80H (2).

def assessable transfer ins 2012 No. 20 s 246 (2)

associated facility ...

def associated facility ins 1995 No. 22 s 4 (2)

om 2003 No. 29 s 373

authorised activity—

1

An authorised activity, for a 1923 Act petroleum tenure or water monitoring authority, is an activity that its holder is, under this Act, the tenure or authority, entitled to carry out in relation to the tenure or authority.

Note—

The carrying out of particular activities on particular land in a 1923 Act petroleum tenure’s area may not be authorised following the taking of the land under a resumption law. See section 124B.

2

An authorised activity, for a coal or oil shale mining tenement, is an activity that its holder is, under the Mineral Resources Act or the tenement, entitled to carry out in relation to the tenement.

3

An authorised activity, for a GHG authority, is an activity that its holder is, under the GHG storage Act or the authority, entitled to carry out or exercise in relation to the authority.

4

An authorised activity, for a geothermal tenure, is an activity that its holder is, under the Geothermal Act or the tenure, entitled to carry out or exercise in relation to the tenure.

def authorised activity ins 2004 No. 26 s 4 (2)

amd 2005 No. 3 s 10 (3); 2009 No. 3 s 524 (2); 2010 No. 31 s 534 (3); 2012 No. 20 s 66 (3)

authority to prospect means an authority to prospect under this Act.

def authority to prospect ins 1955 4 Eliz 2 No. 25 s 2

sub 1995 No. 22 s 4 (1)–(2)

award ...

def award ins 1995 No. 22 s 4 (2)

om 2003 No. 29 s 373

barrel ...

def barrel ins 1927 18 Geo 5 No. 13 s 2 (ii)

sub 1967 No. 37 s 2 (a)

om 2003 No. 29 s 373

block means the land, identified in the way approved by the chief executive, resulting from a notional division of the earth’s surface—

(a)by 2 meridians of longitude 5 minutes apart, each meridian being a multiple of 5 minutes of longitude from the meridian of Greenwich; and

(b)by 2 parallels of latitude 5 minutes apart, each parallel being a multiple of 5 minutes of latitude from the equator.

def block ins 2004 No. 26 s 4 (2)

capability criteria, for a 1923 Act petroleum tenure, means the extent to which the Minister is of the opinion that its holder is capable of carrying out authorised activities for the tenure, having regard to the holder’s—

(a)financial and technical resources; and

(b)ability to manage petroleum exploration and production.

def capability criteria ins 2004 No. 26 s 4 (2)

capacity entitlement ...

def capacity entitlement ins 1995 No. 22 s 4 (2)

om 2003 No. 29 s 373

casinghead petroleum spirit ...

def casinghead petroleum spirit ins 1962 No. 30 s 2 (1) (a)

om 2003 No. 29 s 373

coal exploration tenement see section 76M (1).

def coal exploration tenement ins 2004 No. 26 s 4 (2)

coal mining lease see section 76M (2).

def coal mining lease ins 2004 No. 26 s 4 (2)

coal or oil shale mining lease means a coal mining lease or oil shale mining lease under the Mineral Resources Act.

def coal or oil shale mining lease ins 2004 No. 26 s 4 (2)

coal or oil shale mining tenement means a coal mining or oil shale mining tenement under the Mineral Resources Act.

def coal or oil shale mining tenement ins 2004 No. 26 s 4 (2)

coal seam gas see section 76K (1).

def coal seam gas ins 2004 No. 26 s 4 (2)

commercial viability report see section 75F (1).

def commercial viability report ins 2004 No. 26 s 4 (2)

Commonwealth Native Title Act means the Native Title Act 1993 (Cwlth).

def Commonwealth Native Title Act ins 2004 No. 26 s 4 (2)

company ...

def company ins 1965 No. 19 s 4 sch 2

sub 1983 No. 13 s 12

om 1995 No. 22 s 4 (1)

compensation agreement ...

def compensation agreement ins 2004 No. 26 s 4 (2)

om 2010 No. 31 s 468 (1)

compensation application, for part 6K, division 2, means an application made under section 79VH (1).

def compensation application ins 2010 No. 31 s 468 (2)

compensation liability—

(a)for part 6K, division 1—see section 79Q (2); or

(b)for part 6K, division 2—see section 79VF (2).

def compensation liability ins 2004 No. 26 s 4 (2)

sub 2010 No. 31 s 468

conditions of a 1923 Act petroleum tenure means—

(a)the conditions stated in it from time to time; and

(b)the tenure holder’s obligations under this Act; and

(c)any condition of the tenure under this Act; and

(d)a condition that a tenure holder must ensure each person acting for the holder who carries out an authorised activity for the tenure complies with its conditions to the extent they apply to the carrying out of the activity.

Note—

For who may carry out an authorised activity for a holder, see section 75E.

def conditions ins 2004 No. 26 s 4 (2)

amd 2012 No. 20 s 125 sch 1

conduct and compensation agreement see section 79R (1).

def conduct and compensation agreement ins 2010 No. 31 s 468 (2)

conduct and compensation agreement requirement see section 78Q (2).

def conduct and compensation agreement requirement ins 2010 No. 31 s 468 (2)

coordinated development agreement see section 177 (4).

def coordinated development agreement ins 2004 No. 26 s 4 (2)

coordination arrangement means a coordination arrangement under the 2004 Act.

def coordination arrangement ins 2004 No. 26 s 4 (2)

corporation sole ...

def corporation sole ins 1988 No. 51 s 4

sub 1995 No. 22 s 4 (1)–(2)

om 2004 No. 26 s 4 (1)

Crown land ...

def Crown land sub 1962 No. 30 s 2 (1) (b)

om 1995 No. 22 s 4 (1)

crude oil means petroleum oil in its natural state before it has been refined or otherwise treated but from which water and other foreign substances may have been extracted.

def crude oil ins 1962 No. 30 s 2 (1) (b)

CSG assessment criteria see section 76U (1) (b).

def CSG assessment criteria ins 2004 No. 26 s 4 (2)

CSG statement see section 76U (1) (a).

def CSG statement ins 2004 No. 26 s 4 (2)

current term, of an authority to prospect, see section 171.

def current term ins 2004 No. 26 s 4 (2)

dangerous situation means a situation relating to petroleum, or fuel gas as defined under the 2004 Act, in which an inspector under the 2004 Act reasonably believes an imminent risk of material harm to persons or property is likely if action is not taken to avoid, eliminate or minimise the risk.

def dangerous situation ins 2004 No. 26 s 4 (2)

dealing, with a 1923 Act petroleum tenure, see section 80F.

def dealing ins 2008 No. 56 s 82 (2)

sub 2012 No. 20 s 246

declared pipeline ...

def declared pipeline ins 1985 No. 101 s 2 (a)

sub 1993 No. 35 s 3

om 1995 No. 22 s 4 (1)

deferral agreement see section 78S (b).

def deferral agreement ins 2010 No. 31 s 468 (2)

developable capacity ...

def developable capacity ins 1995 No. 22 s 4 (2)

om 2003 No. 29 s 373

development plan—

1

The development plan for a lease is—

(a)for a lease in force before 31 December 2004—its current program for development and production under former section 50 that, under section 156, is taken to be its development plan; or

(b)for a lease granted after 31 December 2004—the proposed program for development and production of petroleum for the application for the lease, lodged under section 40 (2) (b).

2However, if, under part 6, division 2, a later development plan is approved for the lease, the later development plan is the development plan for the lease.

def development plan ins 2004 No. 26 s 4 (2)

amd 2007 No. 46 s 241 sch

drill, other than for sections 48, 83, 84 and 89—

(a)includes to bore; and

(b)for, a water supply bore, includes excavating the bore.

def drill ins 2004 No. 26 s 4 (2)

drilling means drilling, for sections 48, 83, 84 and 89, or boring.

def drilling amd 2004 No. 26 s 4 (3)

election notice see section 79VA (2).

def election notice ins 2010 No. 31 s 468 (2)

eligible claimant, for compensation, see section 79Q (1).

def eligible claimant ins 2004 No. 26 s 4 (2)

sub 2010 No. 31 s 468

enter a place includes the exercise of the rights in relation to the place under section 74X.

def enter ins 2004 No. 26 s 4 (2)

entry notice—

(a)for part 6H—see section 78M (1); or

(b)for part 6I—see section 79I (2) (b).

def entry notice ins 2004 No. 26 s 4 (2)

sub 2010 No. 31 s 468

entry period ...

def entry period ins 2004 No. 26 s 4 (2)

om 2010 No. 31 s 468 (1)

entry permission ...

def entry permission ins 1995 No. 22 s 4 (2)

om 2004 No. 26 s 4 (1)

Environmental Protection Act means the Environmental Protection Act 1994 .

def Environmental Protection Act ins 2004 No. 26 s 4 (2)

excluded land for—

(a)an authority to prospect, means excluded land for the authority, decided under section 18A; or

(b)a lease, means excluded land for the lease, decided under section 40B.

Note—

For an area of land in the area of a coal or oil shale mining lease becoming excluded land, see section 154.

def excluded land ins 2004 No. 26 s 4 (2)

amd 2008 No. 33 s 125 sch 1; 2012 No. 20 s 125 sch 1

executive officer, of a corporation, means a person who is concerned with or takes part in its management, whether or not the person is a director or the person’s position is given the name of executive officer.

def executive officer prev def ins 1995 No. 22 s 4 (2)

om 2004 No. 26 s 4 (1)

pres def ins 2012 No. 20 s 246 (2)

existing Water Act bore ...

def existing Water Act bore ins 2005 No. 3 s 10 (2)

om 2010 No. 53 s 65 (1)

explore, for petroleum, means to carry out an activity for the purpose of finding petroleum in a natural underground reservoir.

Examples—

•conducting a geochemical, geological or geophysical survey

•drilling a well for petroleum or the investigation of the geological structure or stratigraphy in the well

•carrying out testing in relation to a well

•taking a sample for chemical or other analysis

def explore ins 2004 No. 26 s 4 (2)

facility ...

def facility ins 1995 No. 22 s 4 (2)

amd 1996 No. 77 s 3; 1997 No. 71 s 4 (3)

om 2003 No. 29 s 373

facility owner ...

def facility owner ins 1995 No. 22 s 4 (2)

om 2003 No. 29 s 373

facility user ...

def facility user ins 1995 No. 22 s 4 (2)

om 2003 No. 29 s 373

fee includes tax.

def fee ins 2004 No. 26 s 4 (2)

first authority, for part 6J, see section 79M (1).

def first authority ins 2010 No. 31 s 534 (2)

first tenure ...

def first tenure ins 2004 No. 26 s 4 (2)

om 2010 No. 31 s 534 (1)

Geothermal Act see section 4A.

def Geothermal Act ins 2010 No. 31 s 534 (2)

geothermal activity see the Geothermal Act, section 18.

def geothermal activity ins 2010 No. 31 s 534 (2)

geothermal coordination arrangement see the Geothermal Act, section 138 (4).

def geothermal coordination arrangement ins 2010 No. 31 s 534 (2)

geothermal exploration permit means a geothermal exploration permit under the Geothermal Exploration Act 2004 .

def geothermal exploration permit ins 2004 No. 26 s 4 (2)

geothermal lease see the Geothermal Act, section 19 (1) (b).

def geothermal lease ins 2010 No. 31 s 534 (2)

geothermal permit see the Geothermal Act, section 19 (1) (a).

def geothermal permit ins 2010 No. 31 s 534 (2)

geothermal tenure see the Geothermal Act, section 19 (2).

def geothermal tenure ins 2010 No. 31 s 534 (2)

GHG means greenhouse gas.

def GHG ins 2009 No. 3 s 524 (1)

GHG authority see the GHG storage Act, section 18 (3).

def GHG authority ins 2009 No. 3 s 524 (1)

GHG coordination arrangement see the GHG storage Act, section 186 (3).

def GHG coordination arrangement ins 2009 No. 3 s 524 (1)

GHG lease see the GHG storage Act, section 18 (1) (b).

def GHG lease ins 2009 No. 3 s 524 (1)

GHG permit see the GHG storage Act, section 18 (1) (a).

def GHG permit ins 2009 No. 3 s 524 (1)

GHG storage Act see section 4A.

def GHG storage Act ins 2009 No. 3 s 524 (1)

GHG storage activity means an authorised activity under the GHG storage Act for a GHG authority.

def GHG storage activity ins 2009 No. 3 s 524 (1)

GHG stream see the GHG storage Act, section 12.

def GHG stream ins 2009 No. 3 s 524 (1)

GHG stream storage see the GHG storage Act, section 14.

def GHG stream storage ins 2009 No. 3 s 524 (1)

GHG tenure see the GHG storage Act, section 18 (2).

def GHG tenure ins 2009 No. 3 s 524 (1)

give, a document to the Minister or the chief executive, has the meaning affected by section 124AA.

def give ins 2012 No. 20 s 246 (2)

holder, of a 1923 Act petroleum tenure, means each person recorded in the petroleum register as its holder.

def holder ins 2004 No. 26 s 4 (2)

impaired capacity ...

def impaired capacity ins 2005 No. 3 s 10 (2)

om 2010 No. 53 s 65 (1)

incidental coal seam gas see section 76K (2).

def incidental coal seam gas ins 2004 No. 26 s 4 (2)

independent viability assessment see section 75H (2).

def independent viability assessment ins 2004 No. 26 s 4 (2)

indicative access conditions ...

def indicative access conditions ins 1995 No. 22 s 4 (2)

om 2003 No. 29 s 373

indicative approval, of an assessable transfer, see section 80KA (1) (a).

def indicative approval ins 2012 No. 20 s 246 (2)

indicative tariff ...

def indicative tariff ins 1997 No. 71 s 4 (2)

om 2003 No. 29 s 373

indicative tariff schedule ...

def indicative tariff schedule ins 1995 No. 22 s 4 (2)

om 1997 No. 71 s 4 (1)

information-giver, for part 6F, see section 78A (1).

def information-giver ins 2009 No. 3 s 524 (1)

information notice, for a decision, means a notice stating each of the following—

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

(b)all appeal rights under this Act;

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

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

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

def information notice ins 2004 No. 26 s 4 (2)

interfere with includes tamper.

def interfere with ins 2005 No. 3 s 10 (2)

land includes land covered by water, and whether by sea or otherwise.

def land ins 1962 No. 30 s 2 (1) (c)

land access code see the 2004 Act, section 24A.

def land access code ins 2010 No. 31 s 468 (2)

later development plan requirements see section 53.

def later development plan requirements ins 2004 No. 26 s 4 (2)

later work program requirements see section 25.

def later work program requirements ins 2004 No. 26 s 4 (2)

lease means a petroleum lease granted under this Act.

legacy borehole means a bore or well that—

(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.

def legacy borehole ins 2014 No. 47 s 521

lessee means the holder of a petroleum lease.

licence ...

def licence ins 1962 No. 30 s 2 (1) (d)

amd 1985 No. 101 s 2 (b)

sub 1995 No. 22 s 4 (1)–(2)

om 2004 No. 26 s 4 (1)

licensed water bore driller means an individual who holds a water bore driller’s licence under the Water Act.

def licensed water bore driller ins 2004 No. 26 s 4 (2)

licensee ...

def licensee ins 1962 No. 30 s 2 (1) (d)

om 2004 No. 26 s 4 (1)

lodge, a document, has the meaning affected by section 124AA.

def lodge ins 2012 No. 20 s 246 (2)

make good agreement ...

def make good agreement ins 2005 No. 3 s 10 (2)

om 2010 No. 53 s 65 (1)

make good obligation ...

def make good obligation ins 2005 No. 3 s 10 (2)

om 2010 No. 53 s 65 (1)

make submissions has the meaning affected by section 124AA.

def make submissions ins 2012 No. 20 s 246 (2)

mandatory condition for—

(a)an authority to prospect, means a condition of the authority imposed under part 6A, division 2 or 4 as a mandatory condition or prescribed under section 90; or

(b)a lease, means—

(i)a condition of the lease imposed under part 6A, division 3 or 4 as a mandatory condition or prescribed under section 90 as a mandatory condition; or

(ii)the reservations, conditions and covenants of the lease imposed under section 47.

def mandatory condition ins 2004 No. 26 s 4 (2)

mandatory provision, of the land access code, means a provision of that code that the code requires compliance with.

def mandatory provision ins 2010 No. 31 s 468 (2)

mark the land ...

def mark the land om 2004 No. 26 s 4 (1)

Mineral Resources Act means the Mineral Resources Act 1989 .

def Mineral Resources Act ins 2004 No. 26 s 4 (2)

minimum negotiation period see section 79U (2) (a).

def minimum negotiation period ins 2010 No. 31 s 468 (2)

mining interest means—

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

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

def mining interest ins 2004 No. 26 s 4 (2)

mining lease see the Mineral Resources Act, schedule 2.

def mining lease ins 2004 No. 26 s 4 (2)

amd 2010 No. 31 ss 425, 467, 533 sch 2 pt 2

mining tenement means a mining tenement under the Mineral Resources Act.

def mining tenement ins 2004 No. 26 s 4 (2)

Minister ...

def Minister ins 1962 No. 30 s 2 (1) (e)

sub 1967 No. 37 s 2 (b)

om 1993 No. 35 s 3 (1)

monitoring report ...

def monitoring report ins 2005 No. 3 s 10 (2)

om 2010 No. 53 s 65 (1)

natural gas means gas consisting primarily of hydrocarbons, and obtained from boreholes or from crude oil.

def natural gas ins 1962 No. 30 s 2 (1) (e)

natural underground reservoir—

1

A natural underground reservoir is a part of a geological formation or structure—

(a)in which petroleum has accumulated; or

(b)that is suitable to store petroleum.

2

A geological formation or structure mentioned in item 1 does not cease to be a natural underground reservoir merely because it has been modified for petroleum production or storage.

3In items 1 and 2, a geological formation includes a coal seam.

def natural underground reservoir ins 2004 No. 26 s 4 (2)

negotiation notice see section 79T (1).

def negotiation notice ins 2010 No. 31 s 468 (2)

nominal capacity ...

def nominal capacity ins 1995 No. 22 s 4 (2)

om 2003 No. 29 s 373

non-assessable transfer, for part 6N, see section 80H (1).

def non-assessable transfer ins 2012 No. 20 s 246 (2)

noncompliance action means action of a type mentioned in section 80T.

def noncompliance action ins 2004 No. 26 s 4 (2)

non-discriminatory ...

def non-discriminatory ins 1995 No. 22 s 4 (2)

om 2003 No. 29 s 373

notice means a written notice.

def notice ins 2004 No. 26 s 4 (2)

notice of intention to resume, for the proposed taking of land under a resumption law, means—

(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.

def notice of intention to resume ins 2012 No. 20 s 66 (1)

notifiable road use, for a 1923 Act petroleum tenure, see section 78Y (1).

def notifiable road use ins 2004 No. 26 s 4 (2)

occupier, of a place, means a person—

(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, 1923 Act petroleum tenure, 2004 Act petroleum authority, 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.

def occupier ins 2004 No. 26 s 4 (2)

sub 2010 No. 31 s 468

amd 2013 No. 10 s 161

oil shale see section 76L.

def oil shale ins 2004 No. 26 s 4 (2)

oil shale exploration tenement see section 76N (1).

def oil shale exploration tenement ins 2004 No. 26 s 4 (2)

oil shale mining lease see section 76N (2).

def oil shale mining lease ins 2004 No. 26 s 4 (2)

on, land or another place, includes across, attached to, in, under or over the land or place.

def on ins 1995 No. 22 s 4 (2)

sub 2004 No. 26 s 4 (1)–(2)

operate, a pipeline—

1

Operate, a pipeline, includes use, inspect, test, maintain, repair, alter, add to and replace the pipeline.

2For item 1, using a pipeline includes using it to transport petroleum.

def operate ins 2004 No. 26 s 4 (2)

operating plant see the 2004 Act, section 670.

def operating plant ins 2004 No. 26 s 4 (2)

original notional sub-blocks of an authority to prospect—

1

The original notional sub-blocks, of an authority to prospect, are the sub-blocks stated in the instrument for 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 after 31 December 2004—when it was originally granted.

2

However, the original notional sub-blocks do not include any sub-block stated in the instrument that is completely within the area of a lease under this Act or a 2004 Act lease.

3For item 1, if the instrument—

(a)states that the authority’s area includes land within a block; but

(b)does not include or exclude any particular sub-block within that block;

the reference to the block is a reference to all sub-blocks within the block, other than any sub-block that is completely within the area of another 1923 Act petroleum tenure or a 2004 Act petroleum tenure.

def original notional sub-blocks ins 2004 No. 26 s 4 (2)

amd 2007 No. 46 s 241 sch

overlapping authority (geothermal or GHG), for part 6FA, see section 78CB.

def overlapping authority (geothermal or GHG) ins 2010 No. 31 s 534 (2)

overlapping GHG authority ...

def overlapping GHG authority ins 2009 No. 3 s 524 (1)

om 2010 No. 31 s 534 (1)

overlapping tenure, for part 6FA, see section 78CH (b).

def overlapping tenure ins 2010 No. 31 s 534 (2)

owner—

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—

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

(B)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 87 (2) or 87 (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 84 (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 chief executive of the department in which the NCA is administered—

(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.

3If land has more than 1 owner, a reference in this Act to its owner of the land is a reference to each of its owners.

def owner ins 2004 No. 26 s 4 (2)

amd 2005 No. 3 s 10 (4)–(5); 2006 No. 39 s 512 (1) sch 1; 2010 No. 53 s 65 (3)–(4); 2011 No. 26 s 125 (1)–(2); 2013 No. 55 ss 156, 175 sch 1 pt 2; 2014 No. 45 s 58 sch 1 pt 2; 2016 No. 22 s 48 sch 1

parties—

(a)for part 6K, division 1, subdivision 4—see section 79U (1); or

(b)for part 6R—see section 103B.

def parties ins 2010 No. 31 s 468 (2)

payable, as applied to petroleum, means petroleum of such quantity and quality that it can under ordinary circumstances be won with profit.

permit ...

def permit sub 1995 No. 22 s 4 (1)–(2)

om 2004 No. 26 s 4 (1)

permitted dealing ...

def permitted dealing ins 2004 No. 26 s 4 (2)

om 2008 No. 56 s 82 (1)

permittee ...

def permittee sub 1995 No. 22 s 4 (1)–(2)

om 2004 No. 26 s 4 (1)

person ...

def person om 1995 No. 22 s 4 (1)

petroleum means any—

(a)naturally occurring hydrocarbon, whether in a gaseous, liquid or solid state; or

(b)naturally occurring mixture of hydrocarbons, whether in a gaseous, liquid or solid state; or

(c)naturally occurring mixture of 1 or more hydrocarbons, whether in a gaseous, liquid, or solid state, and 1 or more of the following—

(i)hydrogen sulphide;

(ii)nitrogen;

(iii)helium;

(iv)carbon dioxide;

def petroleum amd 1929 20 Geo 5 No. 17 s 2

sub 1967 No. 37 s 2 (c)

amd 1982 No. 23 s 73; 2004 No. 26 s 4 (5)

Petroleum Advisory Board ...

def Petroleum Advisory Board ins 1927 18 Geo 5 No. 13 s 2 (ii)

om 2004 No. 26 s 4 (1)

and includes any petroleum defined by paragraphs (a) to (c) that has been returned to a natural reservoir, but does not include, and is hereby declared never did include—

(d)shale from which mineral oil may be extracted or produced;

(e)mineral oil extracted or produced from shale or coal or other rock by some chemical or thermal process;

(f)hydrocarbons and other substances or matter occurring in association with shale or coal and necessarily mined, extracted, produced or released by or in connection with mining for shale or coal or the extraction or production of mineral oil therefrom;

(g)alginite;

(h)coal;

(i)lignite;

(j)peat;

(k)shale or other rock from which a gasification or retorting product as defined in the 2004 Act may be extracted or produced;

(l)torbanite.

petroleum deposits means the petroleum-producing or petroleum-bearing sands or strata.

petroleum register means the register the chief executive keeps under section 80A.

def petroleum register ins 2004 No. 26 s 4 (2)

amd 2012 No. 20 s 66 (4)

petroleum royalty means petroleum royalty imposed under the 2004 Act, section 590.

def petroleum royalty ins 2004 No. 26 s 4 (2)

pipeline means the whole or part of a pipe or a system of pipes for conveying petroleum, wherever recovered, and all ancillary equipment and works connected therewith, including flow lines from wells, gathering lines and main lines and installations in connection therewith such as tanks, reservoirs, pumps, racks and loading facilities, structures supporting the line, pump houses, and apparatus to afford protection against corrosion, but does not include flare lines and similar pipelines at wells being drilled for petroleum.

def pipeline ins 1962 No. 30 s 2 (1) (f)

amd 1997 No. 71 s 4 (4)

pipeline licence ...

def pipeline licence ins 1995 No. 22 s 4 (2)

om 2004 No. 26 s 4 (1)

place includes land.

def place ins 2004 No. 26 s 4 (2)

plan period, for a development plan, means the period for which the plan applies.

def plan period ins 2004 No. 26 s 4 (2)

preliminary activity—

1

A preliminary activity, for a provision about a 1923 Act petroleum tenure, means an authorised activity for the tenure that will have no impact, or only a minor impact, on the business or land use activities of any owner or occupier of the land on which the activity is to be carried out.

Examples—

•walking the area of the permit or licence

•driving along an existing road or track in the area

•taking soil or water samples

•geophysical surveying not involving site preparation

•aerial, electrical or environmental surveying

•survey pegging

2However, the following are not preliminary activities—

(a)an authorised activity carried out on land that—

(i)is less than 100ha; and

(ii)is being used for intensive farming or broadacre agriculture;

Examples—

•land used for dryland or irrigated cropping, plantation forestry or horticulture

•a dairy, cattle or sheep feedlot, piggery or poultry farm

(b)an authorised activity carried out within 600m of a school or an occupied residence;

(c)an authorised activity that affects the lawful carrying out of an organic or bio-organic farming system.

def preliminary activity ins 2010 No. 31 s 468 (2)

Prescribed ...

def Prescribed om 1993 No. 35 s 3 (1)

private land—

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.

2However, 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 1923 Act petroleum tenure or 2004 Act petroleum authority;

(c)a GHG authority;

(d)a geothermal tenure;

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

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

def private land sub 1962 No. 30 s 2 (1) (g); 1995 No. 22 s 4 (1)–(2); 2004 No. 26 s 4 (1)–(2); 2010 No. 31 s 468

amd 2011 No. 26 s 125 (3)

produced, for petroleum, means to recover or release it to ground level from a natural underground reservoir in which it has been contained or from which it is extracted.

def produced ins 2004 No. 26 s 4 (2)

program period, for a work program, means the period for which the program applies.

def program period ins 2004 No. 26 s 4 (2)

proposed facility user ...

def proposed facility user ins 1995 No. 22 s 4 (2)

om 2003 No. 29 s 373

provisions of a 1923 Act petroleum tenure—

1A reference in this Act to a 1923 Act petroleum tenure includes a reference to its provisions.

2A reference in this Act to the provisions of a 1923 Act petroleum tenure is a reference to its mandatory or other conditions and any thing written in it.

def provisions ins 2004 No. 26 s 4 (2)

public land means land other than—

(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 1923 Act petroleum tenure or 2004 Act petroleum authority;

(iii)a GHG authority;

(iv)a geothermal tenure;

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

def public land ins 2004 No. 26 s 4 (2)

sub 2010 No. 31 s 468

public land authority means—

(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.

def public land authority ins 2004 No. 26 s 4 (2)

public road means an area of land that—

(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

def public road ins 2004 No. 26 s 4 (2)

public road authority, for a public road, means—

(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.

def public road authority ins 2004 No. 26 s 4 (2)

Public Works Land Resumption Act ...

def Public Works Land Resumption Act om R1 (see RA s 39) (see 1988 No. 51 s 9)

recipient, for part 6F, see section 78A (1).

def recipient ins 2004 No. 26 s 4 (2)

refinery permission ...

def refinery permission ins 1995 No. 22 s 4 (2)

om 2004 No. 26 s 4 (1)

related corporation ...

def related corporation ins 1995 No. 22 s 4 (2)

sub 2001 No. 45 s 29 sch 3

om 2003 No. 29 s 373

relevant departmental office ...

def relevant departmental office ins 2009 No. 3 s 524 (1)

om 2012 No. 20 s 246 (1)

relevant environmental authority, for a 1923 Act petroleum tenure or water monitoring authority, means an environmental authority under the Environmental Protection Act granted for all of the authorised activities for the tenure or authority that are environmentally relevant activities under the Environmental Protection Act.

def relevant environmental authority ins 2004 No. 26 s 4 (2)

sub 2005 No. 3 s 10 (1)–(2)

relevant owner or occupier, for a provision about entry notices, means the owner or occupier to whom the entry notice is to be given, or would be given, other than for an exemption from the requirement to give an entry notice.

def relevant owner or occupier ins 2010 No. 31 s 468 (2)

relinquishment condition—

1

Generally, the relinquishment condition, for an authority to prospect is the relinquishment condition under section 74A (1).

2

However if part 10, division 2 applies and the authority is an authority to which section 173 or 174 applies, the relinquishment condition for the authority is the relinquishment condition under that section.

def relinquishment condition ins 2004 No. 26 s 4 (2)

amd 2012 No. 20 s 125 sch 1

remedial powers see section 80L (2).

def remedial powers ins 2004 No. 26 s 4 (2)

report means a written report.

def report ins 2004 No. 26 s 4 (2)

representative ...

def representative ins 1995 No. 22 s 4 (2)

om 2004 No. 26 s 4 (1)

required information, for part 6E, division 3, see section 76C.

def required information ins 2004 No. 26 s 4 (2)

restoration measures ...

def restoration measures ins 2005 No. 3 s 10 (2)

om 2010 No. 53 s 65 (1)

resumption law—

(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)the Petroleum and Gas (Production and Safety) Act 2004 , sections 456 to 458;

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

(v)the State Development and Public Works Organisation Act 1971 , 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.

def resumption law ins 2012 No. 20 s 66 (1)

resumption notice, for the taking of land under a resumption law, means—

(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.

def resumption notice ins 2012 No. 20 s 66 (1)

review event ...

def review event ins 1995 No. 22 s 4 (2)

om 2003 No. 29 s 373

review report ...

def review report ins 2005 No. 3 s 10 (2)

om 2010 No. 53 s 65 (1)

road use direction see section 79 (1).

def road use direction ins 2004 No. 26 s 4 (2)

safety management plan see the 2004 Act, schedule 2.

def safety management plan ins 2004 No. 26 s 4 (2)

second authority, for part 6J, see section 79M (1).

def second authority ins 2010 No. 31 s 534 (2)

second tenure ...

def second tenure ins 2004 No. 26 s 4 (2)

om 2010 No. 31 s 534 (1)

security includes bond, deposit of an amount as security, guarantee, indemnity or other surety, insurance, mortgage and undertaking.

def security ins 2004 No. 26 s 4 (2)

services of the State has the same meaning that the term has in relation to the State of Queensland under the Copyright Act 1968 (Cwlth), section 183 (1).

def services of the State ins 2004 No. 26 s 4 (2)

share, of a 1923 Act petroleum tenure, means any interest held by a person as a holder of the tenure in all of the area of the tenure.

def share ins 2004 No. 26 s 4 (2)

shared technical information ...

def shared technical information ins 1995 No. 22 s 4 (2)

om 2003 No. 29 s 373

spare capacity ...

def spare capacity ins 1995 No. 22 s 4 (2)

om 2003 No. 29 s 373

specific purpose mining lease means a mining lease that, under the Mineral Resources Act, section 234 (1) (b), is granted for a purpose other than mining.

def specific purpose mining lease ins 2004 No. 26 s 4 (2)

specified configuration ...

def specified configuration ins 1995 No. 22 s 4 (2)

om 2003 No. 29 s 373

State-controlled road see Transport Infrastructure Act 1994 , schedule 6.

def State controlled road ins 2004 No. 26 s 4 (2)

State mining engineer ...

def State mining engineer ins 1981 No. 14 s 2

sub 1993 No. 35 s 3

om 1995 No. 22 s 4 (1)

state of mind ...

def state of mind ins 1995 No. 22 s 4 (2)

om 2003 No. 29 s 373

structure means anything built or constructed, whether or not attached to land.

def structure ins 2004 No. 26 s 4 (2)

sub-block means the land, identified in the way approved by the chief executive, resulting from a notional division of a block into 25 areas, each sub-block being bounded by 2 meridians of longitude 1 minute apart and 2 parallels of latitude 1 minute apart.

def sub-block ins 2004 No. 26 s 4 (2)

sublease, for a lease over land covered by a coordination arrangement, means a sublease of all or part of—

(a)the leased land; or

(b)petroleum produced under the lease.

def sublease ins 1995 No. 22 s 4 (2)

amd 2004 No. 26 s 4 (6)

submission means a written submission.

def submission ins 2004 No. 26 s 4 (2)

take, in relation to land, includes acquire.

def take ins 2012 No. 20 s 66 (1)

tariff setting principles ...

def tariff setting principles ins 1995 No. 22 s 4 (2)

om 1997 No. 71 s 4 (1)

the public interest means a consideration of each of the following—

(a)government policy;

(b)value of commodity production (including time value);

(c)employment creation;

(d)total return to the State and to Australia (including royalty and rent), assessed on both a direct and indirect basis, so that, for example, downstream value adding is included;

(e)social impacts;

(f)the overall economic benefit for the State, or a part of the State, in the short and long term;

(g)impacts on aesthetic, amenity, cultural or environmental values.

def the public interest ins 2004 No. 26 s 4 (2)

This Act ...

def This Act om 1993 No. 35 s 3 (1)

transfer, of a well, water observation bore or water supply bore, see section 75N (2).

def transfer ins 2004 No. 26 s 4 (2)

transitional notional sub-blocks, of an authority to prospect, see section 172.

def transitional notional sub-blocks ins 2004 No. 26 s 4 (2)

tribunal ...

def tribunal ins 2004 No. 26 s 4 (2)

om 2007 No. 39 s 41 sch

trigger threshold ...

def trigger threshold ins 2005 No. 3 s 10 (2)

om 2010 No. 53 s 65 (1)

unallocated State land has the same meaning as in the Land Act 1994 .

def unallocated State land ins 1995 No. 22 s 4 (2)

underground water means water that occurs naturally in, or is introduced artificially into, an aquifer, whether or not it would, if tapped by a bore, flow naturally to the surface.

def underground water ins 2005 No. 3 s 10 (2)

underground water flow model ...

def underground water flow model ins 2005 No. 3 s 10 (2)

om 2010 No. 53 s 65 (1)

underground water impact report ...

def underground water impact report ins 2005 No. 3 s 10 (2)

om 2010 No. 53 s 65 (1)

underground water obligations, of a petroleum tenure holder, means—

(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

def underground water obligations ins 2010 No. 53 s 65 (2)

unduly affected ...

def unduly affected ins 2005 No. 3 s 10 (2)

om 2010 No. 53 s 65 (1)

unitisation arrangement ...

def unitisation arrangement ins 1995 No. 22 s 4 (2)

om 2004 No. 26 s 4 (1)

usual relinquishment see section 74C (3).

def usual relinquishment ins 2004 No. 26 s 4 (2)

waiver of entry notice—

(a)for part 6H—means a waiver of entry notice mentioned in section 78O that complies with section 78O (1); or

(b)for part 6I—see section 79I (3).

def waiver of entry notice ins 2004 No. 26 s 4 (2)

sub 2010 No. 31 s 468

Water Act means the Water Act 2000 .

def Water Act ins 2004 No. 26 s 4 (2)

Water Act regulator means the chief executive of the department that administers the Water Act.

def Water Act regulator ins 2004 No. 26 s 4 (2)

water monitoring activity see section 87.

def water monitoring activity ins 2010 No. 53 s 65 (2)

water monitoring authority means an authority granted under section 75WC.

def water monitoring authority ins 2005 No. 3 s 10 (2)

water observation bore—

1A water observation bore is a bore to monitor water levels, and includes a well that, under part 6D, division 2, has been, or is taken to have been, converted to a water observation bore.

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

def water observation bore ins 2004 No. 26 s 4 (2)

amd 2013 No. 23 s 161 (1)

water supply bore means—

(a)a water bore drilled under section 86 with the permission of the Minister; or

(b)a well that, under part 6D, division 2, has been, or is taken to have been, converted to a water supply bore.

def water supply bore ins 2004 No. 26 s 4 (2)

sub 2005 No. 3 s 10 (1)–(2); 2013 No. 23 s 161 (2)

well—

1

A 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 into a natural underground reservoir; or

(c)through which petroleum may be produced.

2

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

3

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

(a)a water observation bore;

(b)a water supply bore;

(c)a water bore to which the Water Act, chapter 3 applies;

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

def well ins 2004 No. 26 s 4 (2)

amd 2005 No. 3 s 10 (6)–(7); 2010 No. 53 s 65 (5)

wellhead means the casing head, and includes any casing hanger or spool, or tubing hanger, and any flow control equipment up to and including the wing valves.

def wellhead ins 2004 No. 26 s 4 (2)

work program, for an authority to prospect, means—

(a)its work program as approved under section 151; or

(b)its conditions about expenditure or work that, under section 155, are taken to be a later work program for the authority; or

(c)its later work program approved under part 4, division 2, as amended from time to time under that division.

Notes—

1For an authority being taken to have a work program until a decision has been made on whether to approve a proposed work program, see section 25D.

2For the continuing effect of an authority on a renewal application, see section 25N.

3For conditions of an authority to prospect about expenditure or work becoming its work program, see section 155.

def work program ins 2004 No. 26 s 4 (2)

amd 2005 No. 3 s 10 (8); 2012 No. 20 s 125 sch 1

s 2 prev s 2 amd 1927 18 Geo 5 No. 13 s 2 (i); 1988 No. 51 s 3

om R1 (see RA s 36)

pres s 2 amd 1927 18 Geo 5 No. 13 s 2 (ii); 1995 No. 22 s 4 (3); amd 1997 No. 71 s 1 sch

3Relationship with Mineral Resources Act

(1)This section does not apply to a coal or oil shale mining tenement.

Notes—

1For provisions for coal seam gas, see part 6F.

2For the relationship between the Mineral Resources Act and the 2004 Act, see the Mineral Resources Act, section 3A.

(2)Subject to subsections (3) to (6), the Mineral Resources Act does not limit or otherwise affect—

(a)the power under this Act to grant or renew a lease or renew an authority to prospect over land (the overlapping land) in the area of a mining tenement under the Mineral Resources Act; or

(b)a lease or authority to prospect already granted under this Act over land (also the overlapping land) in the area of an existing mining tenement.

(3)If the mining tenement is a mining lease (other than a transportation mining lease), an authorised activity for the authority to prospect or lease under this Act may be carried out on the overlapping land only if—

(a)the mining lease holder has agreed in writing to the carrying out of the activity; and

(b)a copy of the agreement has been lodged; and

Note—

For other relevant provisions about lodging documents, see part 9, division 1A.

(c)the agreement is still in force.

(4)If the mining tenement is an exploration permit, mineral development licence or transportation mining lease, an authorised activity for the authority to prospect may be carried out on the overlapping land only if—

(a)the mining tenement holder has agreed in writing to the carrying out of the activity, a copy of the agreement has been lodged and the agreement is still in force; or

(b)carrying out the activity does not adversely affect the carrying out of an authorised activity for the tenement that has already started.

(5)If the mining tenement is an exploration permit or a mineral development licence and the overlapping land is in the area of the lease under this Act, an authorised activity for the mining tenement may be carried out on the overlapping land only if—

(a)the lessee has agreed in writing to the carrying out of the activity; and

(b)a copy of the agreement has been lodged; and

(c)the agreement is still in force.

(6)In this section—

transportation mining lease means a mining lease granted under the Mineral Resources Act, section 316.

s 3 ins 1995 No. 22 s 5

sub 2004 No. 26 s 5

amd 2008 No. 33 s 125 sch 1; 2012 No. 20 s 125 sch 1, s 281 sch 2

4Relationship with Nature Conservation Act 1992

This Act is subject to the Nature Conservation Act 1992 , sections 27 and 70QA.

s 4 prev s 4 ins 1995 No. 22 s 5

om 2003 No. 29 s 374

pres s 4 ins 2004 No. 26 s 5

amd 2005 No. 53 s 159 sch

4ARelationship with Geothermal Act and Greenhouse Gas Storage Act 2009

The relationship between this Act, the Geothermal Energy Act 2010 (the Geothermal Act) and the Greenhouse Gas Storage Act 2009 (the GHG storage Act) and authorities under them is provided for under—

(a) section 40 (1A) and part 6FA; and

(b)the Geothermal Act, chapter 5; and

(c)the GHG storage Act, chapter 4.

s 4A ins 2009 No. 3 s 525

sub 2010 No. 31 s 535

5Declaration for Commonwealth Act

A 1923 Act petroleum tenure is declared not to be personal property under the Personal Property Securities Act 2009 (Cwlth).

s 5 prev s 5 ins 1995 No. 22 s 5

om 2003 No. 29 s 374

pres s 5 ins 2010 No. 44 s 129

amd 2012 No. 20 s 281 sch 2

7Application of Act

(2)To the extent necessary to give operation and effect to the provisions of the Amoco Australia Pty. Limited Agreement Act 1961 , and the agreement to which that Act relates, and to ensure that no provision of this Act shall affect or prejudice in any way that Act or that agreement, it is hereby declared that every provision of this Act shall be read subject to the Amoco Australia Pty. Limited Agreement Act 1961 , and the agreement to which that Act relates.

(3)If there is an inconsistency between a provision of this Act and the National Gas (Queensland) Law , the Law prevails to the extent of the inconsistency.

s 7 amd 1962 No. 30 s 3; 1982 No. 23 s 74; 1998 No. 28 s 72; 1999 No. 15 s 137 sch 1; 2004 No. 26 s 6; 2008 No. 27 s 34

7AAct applies out to coastal waters of the State

This Act applies to land and land covered by water that is seaward of the coastline of the State at mean low water and landward of the inner limit of the territorial sea of Australia.

s 7A ins 1997 No. 71 s 5

7AAQualification of 1923 Act petroleum tenure holders

The following persons shall be qualified to apply for and hold a 1923 Act petroleum tenure, namely—

(a)any natural person;

(b)a company or registered body under the Corporations Act;

(ba)any government owned corporation;

(c)any lawful association of the abovementioned persons.

s 7AA (prev s 24) amd 1929 20 Geo 5 No. 17 s 3

sub 1965 No. 19 s 4 sch 2

amd 2004 No. 26 s 18 (1)–(3)

reloc 2004 No. 26 s 18 (4)

amd 2008 No. 56 s 83

hdg prec s 9 om 1995 No. 22 s 3 sch

9Petroleum the property of the Crown

Notwithstanding anything to the contrary contained in any Act or in any grant, instrument of title, or other document, it is hereby declared that petroleum on or below the surface of all land in Queensland, whether alienated in fee simple or not so alienated from the Crown, and if so alienated whensoever alienated, is and always has been the property of the Crown.

s 9 amd 1967 No. 37 s 3; 1991 No. 65 s 5

10Reservations in grants

All grants, leases, licences, and other instruments of tenure under any Act relating to unallocated State land, other than leases under this Act, issued after the passing of this Act shall contain a reservation of all petroleum on or below the surface of the land comprised therein, and also a reservation of all rights of access for the purpose of searching for and for the operations of obtaining petroleum in any part of the land, and all rights of way for access and for pipelines and other purposes requisite for obtaining and conveying petroleum in the event of petroleum being obtained in any part of the land.

s 10 amd 1967 No. 37 s 4; 1995 No. 22 s 3 sch; 2004 No. 26 s 9

pt hdg sub 2004 No. 26 s 11

exp 1 November 2021 (see s 25U)

div hdg ins 2004 No. 26 s 11

exp 1 November 2021 (see s 25U)

18Authority to prospect

(2)The area to be held under an authority to prospect, the terms, rent, and the conditions, provisions, and stipulations as to labour and other matters shall be fixed by the Minister.

(3)Failure to comply with any conditions, provisions, and stipulations so fixed shall render the authority liable to be cancelled by the Minister.

(4)Such authority shall entitle the holder, upon payment in advance of the rent fixed as aforesaid, and survey fee if necessary—

(a)to undertake exploration or prospecting, or geological or geological and geophysical investigation or testing, of favourable geological structures; or

(b)to plug and abandon, or otherwise remediate, a bore or well the holder reasonably believes is a legacy borehole and rehabilitate the surrounding area in compliance with the requirements prescribed under a regulation; or

(c)generally to do all things in respect of the search for and discovery of petroleum or for the due development of the industry during the term of such authority.

Note—

The carrying out of particular activities on particular land in an authority to prospect’s area may not be authorised following the taking of the land under a resumption law. See section 124B.

(5)However, the holder can not carry out GHG stream storage.

(7)The Minister may thereupon call upon the holder of the authority to apply for a lease of the land or such part thereof as the Minister may deem advisable or to continue prospecting operations.

s 18 ins 1939 3 Geo 6 No. 19 s 3

amd 1962 No. 30 s 4; 1991 No. 65 s 7; 2004 No. 26 s 13; 2009 No. 3 s 526; 2012 No. 20 s 67; 2014 No. 47 s 522

exp 1 November 2021 (see s 25U)

18AMinister’s power to decide excluded land for authority to prospect

(1)The Minister may decide excluded land for an authority to prospect.

(2)However, the power under subsection (1) may be exercised only when the Minister is deciding whether to—

(a)grant or renew the authority; or

(b)approve any later work program for the authority.

(3)Also, excluded land—

(a)must be within the sub-blocks stated in the instrument for the authority; and

(b)can not be—

(i)a whole block; or

(ii)land in the area of another 1923 Act petroleum tenure.

(4)For subsection (3) (a), if the instrument—

(a)states that the authority’s area includes land within a block; but

(b)does not include or exclude any particular sub-block within that block;

the reference to the block is a reference to all sub-blocks within the block, other than any sub-block that is completely within the area of another 1923 Act petroleum tenure or a 2004 Act petroleum tenure.

(5)Excluded land may be described in a way the Minister considers appropriate, including, for example, by area or by reference to a stated type of land.

(6)Land ceases to be excluded land for an authority to prospect if—

(a)the block in which the land is located is relinquished or, for any other reason, ceases to be in the area of the authority; or

(b)a lease under this Act or a 2004 Act lease is granted over any of the area of the authority and the land is excluded land for the lease.

s 18A ins 2004 No. 26 s 14

exp 1 November 2021 (see s 25U)

20Area of authority to prospect reduced on grant of lease

(1)Land ceases to be included in the area of an authority to prospect if a lease is granted over the land.

(2)If a lease is granted over all of the area of an authority to prospect, the authority ends.

Note—

See also section 124B in relation to the exclusion of land from an authority to prospect’s area following the taking of the land under a resumption law.

s 20 ins 1990 No. 108 s 4 (retro)

sub 2004 No. 26 s 15

amd 2012 No. 20 s 68

exp 1 November 2021 (see s 25U)

21Surrender of authority to prospect

(1)The holder of an authority to prospect may, with the Minister’s approval, at any time surrender the holder’s interest in an authority to prospect or any part of the land comprising the authority to prospect but a surrender in respect of part of the land comprising an authority to prospect may only be surrendered if that part can be identified from the land comprising the balance of the authority to prospect by the same or similar means whereby the land comprising the authority to prospect is described and identified by the authority to prospect.

(1A)However, the Minister’s approval is not required if the surrender is the surrender of a part of the area of the authority that overlaps with the area of a lease under this Act or a 2004 Act lease.

(2)Where an authority to prospect is surrendered in respect of part only of the land comprising the authority to prospect, the authority to prospect is to be amended by excising that part and otherwise as may be required to conform with this Act and the authority to prospect continues in respect of the balance of the area.

(3)In the case of a surrender of an authority to prospect (in whole or in part) all adjustments between the Crown and the holder in respect of the payment of rental, fees or other moneys are at the discretion of the Minister who, for this purpose, may demand of the holder such sums as the Minister specifies and recover the same by action as a debt due to the Crown.

(4)The holder may obtain the approval only by an application—

(a)made in the approved form; and

(b)accompanied by—

(i)the fee prescribed under a regulation; and

(ii)a report by the applicant about authorised activities for the authority carried out on the area the subject of the application, and the results of the activities.

s 21 prev s 21 amd 1927 18 Geo 5 No. 13 s 2 (vi)

sub 1939 3 Geo 6 No. 19 s 11

om 1958 7 Eliz 2 No. 25 s 5

pres s 21 ins 1990 No. 108 s 5 (retro)

amd 2004 No. 26 s 16

amd 2012 No. 20 s 281 sch 2

exp 1 November 2021 (see s 25U)

24Miscellaneous rights

The holder of an authority to prospect shall have the right—

(b)to cut and use any timber on such land for building or construction works or firewood or other necessary purposes; and

(c)to depasture on such land all stock used in connection with the holder’s prospecting and mining operation;

subject, however, to any conditions prescribed with respect to payment for water, timber, or agistment in cases where the making of such payment is deemed necessary.

s 24 (prev s 35) amd 1955 4 Eliz 2 No. 25 s 4; 1995 No. 22 s 3 sch; 2000 No. 34 s 1145 sch 3; 2004 No. 26 s 21 (1)–(3)

reloc 2004 No. 26 s 21 (4)

exp 1 November 2021 (see s 25U)

div hdg ins 2004 No. 26 s 19

exp 1 November 2021 (see s 25U)

sdiv hdg ins 2004 No. 26 s 19

exp 1 November 2021 (see s 25U)

25Operation of sdiv 1

This subdivision provides for requirements (the later work program requirements) for a proposed work program for an authority to prospect.

Note—

For initial work programs—

(a)in relation to unfinished authority to prospect applications for which a Commonwealth Native Title Act s 29 notice has been given, see section 151; and

(b)in relation to conditions of an authority to prospect about expenditure or work becoming its work program, see section 155.

s 25 amd 1929 20 Geo 5 No. 17 s 5; 1939 3 Geo 6 No. 19 s 5

sub 1958 7 Eliz 2 No. 25 s 2; 2004 No. 26 s 19

amd 2012 No. 20 s 125 sch 1

exp 1 November 2021 (see s 25U)

25AGeneral requirements

(1)The proposed program must include each of the following—

(a)an overview of the activities proposed to be carried out under the authority or proposed authority during all of its term;

(b)for each year of the program period, a statement about—

(i)the extent and nature of petroleum exploration and testing for petroleum production proposed to be carried out during the year; and

(ii)generally where the activities are proposed to be carried out; and

(iii)the estimated cost of the activities;

(c)maps that show where the activities are proposed to be carried out;

(d)any other information relevant to the matters mentioned in section 25E (2);

(e)reasons that the program is considered appropriate;

(f)a statement about the extent to which the current work program for the authority to prospect has been complied with;

(g)if there have been any amendments to the authority or its current work program, a statement about—

(i)whether the changes have been incorporated in the proposed program; and

(ii)any effect the changes have on the proposed program;

(h)a statement about the effect of any petroleum discovery on the proposed program;

(i)another matter prescribed under a regulation.

(2)A regulation may impose requirements about the form in which the matters mentioned in subsection (1) must be given.

(3)In this section—

year, of the program period, means—

(a)the period starting on the day the program period starts and ending on the first anniversary of that day; and

(b)each subsequent period of 12 months or less during the program period, starting on each anniversary of that day and ending on—

(i)the next anniversary of that day; or

(ii)if the program period ends before the next anniversary—the day the program period ends.

s 25A ins 2004 No. 26 s 19

exp 1 November 2021 (see s 25U)

25BProgram period

(1)The proposed program must state its period.

(2)The period must not be longer than—

(a)if the term of the rest, or the renewed term, of the authority is less than 4 years—the rest of its term or renewed term; or

(b)if the term of the rest, or the renewed term, of the authority is 4 years or more, the following—

(i)generally—4 years from the start of the period;

(ii)if the Minister approves a longer period—the longer period.

(3)However, the Minister can not approve a period longer than the rest of the term or renewed term of the authority.

s 25B ins 2004 No. 26 s 19

exp 1 November 2021 (see s 25U)

sdiv hdg ins 2004 No. 26 s 19

exp 1 November 2021 (see s 25U)

25CApplication of sdiv 2

This subdivision applies if, under this Act, a proposed later work program is lodged for approval.

Notes—

1For the requirement to include a proposed later work program with an application to renew an authority to prospect, see section 25M (1) (d).

2For the obligation to lodge a proposed later work program, see section 74K.

3For the types of noncompliance action that may be taken, see section 80T.

s 25C ins 2004 No. 26 s 19

amd 2012 No. 20 s 125 sch 1; 2014 No. 47 s 525

exp 1 November 2021 (see s 25U)

25CAModified application of pt 9, div 1

Part 9, division 1 applies in relation to the lodgement by an authority to prospect holder of a proposed later work program as if—

(a)the lodgement of the proposed program were the making of an application by the holder; and

(b)the later work program requirements for the proposed program were the requirements under part 9, division 1 for making the application.

s 25CA ins 2014 No. 47 s 526

25DAuthority taken to have work program until decision on whether to approve proposed work program

(1)This section applies until—

(a)if the proposed program is approved—the authority to prospect holder is given notice of the approval; or

(b)if approval of the proposed program is refused—when the refusal takes effect.

Note—

For when the decision takes effect, see section 25F.

(2)Despite the ending of the program period for the current work program for the authority to prospect—

(a)the authority is taken to have a work program; and

(b)the holder may carry out any authorised activity for the authority.

s 25D ins 2004 No. 26 s 19

amd 2012 No. 20 s 125 sch 1

exp 1 November 2021 (see s 25U)

25EDeciding whether to approve proposed program

(1)The Minister may approve or refuse to approve the proposed program.

(2)The matters that must be considered in deciding whether to approve the proposed program include each of the following—

(a)the appropriateness of the proposed program, having regard to—

(i)the potential of the area of the authority to prospect for petroleum discovery; and

(ii)the extent and nature of the proposed petroleum exploration;

Examples—

•proposed geological, geophysical or geochemical surveying

•the number of wells the authority to prospect holder proposes to drill, and their type

(iii)when and where the authority to prospect holder proposes to carry out the exploration;

(b)the capability criteria;

(c)the extent to which the current work program has been complied with;

(d)any amendments made to the authority or its current work program, and the reasons for the changes;

(e)any notice under section 75Y, commercial viability report or independent viability assessment for the authority.

s 25E ins 2004 No. 26 s 19

exp 1 November 2021 (see s 25U)

25FSteps after, and taking effect of, decision

(1)On approval of the proposed later work program, the holder must be given notice of the approval.

(2)On refusal to approve the later work program, the holder must be given an information notice about the decision to refuse.

(3)An approval takes effect when the holder is given the notice or, if the notice states a later day of effect, on that later day.

(4)A refusal does not take effect until the end of the appeal period for the refusal.

Notes—

1For the period to appeal, see section 105.

2For when the Land Court may grant a stay of the decision, see section 107.

s 25F ins 2004 No. 26 s 19

amd 2012 No. 20 s 125 sch 1

exp 1 November 2021 (see s 25U)

sdiv hdg ins 2004 No. 26 s 19

exp 1 November 2021 (see s 25U)

25GRestrictions on amending work program

(1)An authority to prospect holder may amend the work program for the authority only if—

(a)an application for approval of the amendment has been made under this subdivision and the amendment has been approved under this subdivision; and

(b)if the amendment is to extend the period of the work program—the requirements under subsection (2) have been complied with.

(2)For subsection (1) (b), the requirements are each of the following—

(a)the work program can not be the initial work program for the authority;

(b)the period of the work program, or any earlier work program for the authority, must not have previously been extended;

(c)the extension can not be for a term that ends after—

(i)1 year after the current period of the work program; or

(ii)12 years after the authority originally took effect;

(d)within 3 months before the making of the application—

(i)a person (the designated person) become a holder of the authority; or

(ii)a person (also the designated person) applied for approval of a transfer of a share in the authority and the transfer has, under section 25J, been approved;

(e)the share, or proposed share, of the designated person in the authority is at least 50%;

(f)the designated person is not, under the Corporations Act, section 64B, an entity connected with another person who is a holder of the authority.

(3)In this section—

initial work program means—

(a)a work program approved under section 151; or

(b)conditions about expenditure or work that, under section 155, are taken to be the work program for the authority.

s 25G ins 2004 No. 26 s 19

amd 2005 No. 3 s 105 sch

exp 1 November 2021 (see s 25U)

25HApplying for approval to amend

(1)An authority to prospect holder may apply for approval to amend the work program for the authority.

Note—

For other relevant provisions about applications, see part 9, divisions 1 and 1A.

(2)However, the application can not be made less than 20 business days before the end of the period stated in the plan for carrying out work under the existing work program.

(3)The application must be accompanied by the fee prescribed under a regulation.

s 25H ins 2004 No. 26 s 19

amd 2012 No. 20 s 281 sch 2

exp 1 November 2021 (see s 25U)

25JDeciding application

(1)If the proposed amendment—

(a)does not relate to the work program for the authority to prospect provided for under section 155; and

(b)is to substitute the carrying out of an authorised activity (the original activity) with another authorised activity;

the Minister may approve the amendment if satisfied the other activity is at least of an equivalent value to the original activity.

(2)If the application is to extend the period of the work program for the authority, the Minister may approve the amendment only if satisfied—

(a)the requirements under section 25G (2) have been complied with; and

(b)the designated person mentioned in section 25G (2) is likely to provide additional financial or technical resources for the authority; and

(c)the work program will be completed within the period of the extension.

Note—

For additional provisions about relinquishment that apply if the period is extended, see sections 74A (1) (c) and 74J.

(3)Otherwise, the Minister may approve the amendment only if satisfied it is necessary because of a circumstance—

(a)not related to—

(i)the applicant’s financial or technical resources or ability to manage petroleum exploration; or

(ii)the results of exploration; and

(b)the happening of which is or was beyond the applicant’s control; and

(c)that could not have been prevented by a reasonable person in the applicant’s position.

(4)Also, if the amendment is approved under subsection (2), any relinquishment day for the authority may be deferred for a period that relates to a circumstance mentioned in subsection (3).

(5)A deferral under subsection (4)—

(a)can not be for longer than 12 years after the authority took effect; and

(b)does not defer any later relinquishment day for the authority.

(6)If, under this section, an amendment is approved, a condition may be imposed on the authority requiring its holder to relinquish, by a lodged notice, at least a stated percentage of the original notional sub-blocks of the authority on or before a stated day.

s 25J ins 2004 No. 26 s 19

amd 2012 No. 20 s 281 sch 2

exp 1 November 2021 (see s 25U)

25KSteps after, and taking effect of, decision

(1)On approval of the proposed amendment, the holder must be given notice of the approval.

(2)On refusal to approve the proposed amendment, the holder must be given an information notice about the decision to refuse.

(3)An approval takes effect when the holder is given the notice or, if the notice states a later day of effect, on that later day.

s 25K ins 2004 No. 26 s 19

exp 1 November 2021 (see s 25U)

div hdg ins 2004 No. 26 s 19

exp 1 November 2021 (see s 25U)

25LConditions for renewal application

(1)An authority to prospect holder may apply to renew the authority only if none of the following is outstanding—

(a)annual rent for the authority;

(b)a civil penalty under section 74W for nonpayment of annual rent;

(c)interest payable under section 102 on annual rent or a civil penalty;

(d)petroleum royalty for petroleum produced under the authority and any unpaid petroleum royalty interest on it;

(e)security required for the authority, as required under section 78E.

(2)Also the application can not be made—

(a)if any of the following provides that the authority is to be replaced under another Act—

(i)an agreement mentioned in the Commonwealth Native Title Act, section 31 (1) (b);

(ii)an indigenous land use agreement registered on the register of indigenous land use agreement under the Commonwealth Native Title Act; or

Note—

For the right to apply for a petroleum tenure, see the 2004 Act, section 908.

(b)if section 173 applies and the relinquishment condition under that section has not been complied with; or

(c)if a part of the area of the authority overlaps with the area of a lease under this Act or a 2004 Act lease, other than a 2004 Act lease granted under the 2004 Act, chapter 3, part 2, division 2 or part 3, division 3; or

(d)more than 60 business days before the end of the term of the authority; or

(e)after the authority has ended.

s 25L ins 2004 No. 26 s 19 (amd 2004 No. 33 s 21B)

amd 2005 No. 3 s 105 sch (amdt could not be given effect); 2007 No. 46 s 137; 2012 No. 20 s 125 sch 1

exp 1 November 2021 (see s 25U)

25MRequirements for making application

(1)The application must—

(a)be in the approved form; and

(b)state whether or not the work program for the authority to prospect has been complied with; and

(c)if the work program has not been complied with—state details of, and the reasons for, each noncompliance; and

(d)include a proposed later work program for the renewed authority; and

(e)include a statement about how and when the applicant proposes to consult with, and keep informed, each owner and occupier of private or public land on which authorised activities for the renewed authority are, or are likely to be, carried out; and

Note—

See also section 74V.

(f)address the capability criteria; and

(g)include information about the matters that, under sections 25O and 25R, must or may be considered in deciding the application; and

(h)state whether or not the applicant has complied with part 6E, for reports required to be lodged in relation to the authority; and

(i)be accompanied by—

(i)the application fee prescribed under a regulation; and

(ii)if the application is made less than 20 business days before end of the term of the authority—an amount that is 10 times the application fee.

(2)The proposed work program must comply with the later work program requirements.

Notes—

1For the requirements for proposed later work programs, see division 2, subdivision 1.

2For the approval of proposed later work programs, see division 2, subdivision 2.

(3)An authority to prospect holder can not apply to renew the authority if section 173 applies and the relinquishment condition under that section has not been complied with.

(4)However, to the extent the application is for a whole sub-block in the area of a petroleum lease or 2004 Act lease, the application is invalid.

s 25M ins 2004 No. 26 s 19

amd 2005 No. 3 s 11; 2005 No. 68 s 150 sch; 2012 No. 20 s 125 sch 1, s 281 sch 2 (amdt 11 could not be given effect)

exp 1 November 2021 (see s 25U)

25NContinuing effect of authority for renewal application

(1)This section applies if before the application is decided the term of the authority to prospect ends.

(2)Despite the ending of the term, the authority continues in force until the earlier of the following to happen—

(a)the start of any renewed term of the authority;

(b)a refusal of the application takes effect;

(c)the application is withdrawn;

(d)the authority is cancelled under this Act.

Note—

For the authority being taken to have a work program until a decision has been made on whether to approve a proposed work program, see section 25D.

(3)If the authority is renewed, subsection (2) is taken never to have applied for the period from the end of the term of the authority being renewed, as stated in that authority.

s 25N ins 2004 No. 26 s 19

amd 2012 No. 20 s 125 sch 1

exp 1 November 2021 (see s 25U)

25ODeciding application

(1)The Minister may grant or refuse the renewal.

(2)However—

(a)before deciding to grant the renewal, the Minister must decide whether to approve the applicant’s proposed later work program for the renewed authority to prospect; and

Note—

For the approval of proposed later work programs, see division 2, subdivision 2.

(b)the renewal can not be granted unless—

(i)the proposed program has been approved; and

(ii)the applicant satisfies the capability criteria; and

(iii)the Minister is satisfied the applicant has substantially complied with the authority to prospect being renewed; and

(iv)a relevant environmental authority for the renewed authority to prospect has been issued.

(3)The Minister may, as a condition of deciding to grant the application, require the applicant to do all or any of the following within a stated reasonable period—

(a)pay the annual rent for the first year of the renewed authority;

(b)give security for the renewed authority, as required under section 78E.

(4)If the applicant does not comply with the requirement, the application may be refused.

s 25O ins 2004 No. 26 s 19

amd 2012 No. 20 s 125 sch 1

exp 1 November 2021 (see s 25U)

25PTerm and area of renewed authority

(1)Each renewed authority to prospect must state its term and area.

(2)The term can not—

(a)end after—

(i)1 November 2021; or

(ii)12 years from when the renewed authority to prospect takes effect under section 25Q.

(b)be longer than the term of the authority that immediately preceded the renewed term.

(3) Subsection (2) (b) applies despite—

(a)whether the authority to prospect has previously been renewed; and

(b)any previous renewal of the authority.

(4)The area can not be more than the area of the authority to prospect being renewed immediately before the renewed authority is to take effect.

s 25P ins 2004 No. 26 s 19

exp 1 November 2021 (see s 25U)

25QOther provisions and taking effect of renewed authority

(1)A renewed authority to prospect may state—

(a)conditions or other provisions of the renewed authority, other than conditions or provisions that are—

(i)inconsistent with the mandatory conditions for authorities to prospect; or

(ii)the same as, or substantially the same as, or inconsistent with, any relevant environmental condition for the renewed authority; and

(b)relinquishment days for the renewed authority.

(2)To remove any doubt, it is declared that the conditions of the renewed authority may be different from the conditions or other provisions of the authority to prospect being renewed.

(3)The provisions of the renewed authority may exclude or restrict the carrying out of an authorised activity for the renewed authority.

(4)The first relinquishment day for the renewed authority must not be later than 4 years after the day the renewed authority is to take effect.

(5)If relinquishment days are not stated, its relinquishment days are taken to be—

(a)the day that is the fourth anniversary of the day the renewed authority starts under subsection (6) or (7); and

(b)each day during its term that is a 4 yearly interval after that day.

(6)If the renewed authority is decided before the end of the term of the authority to prospect being renewed as stated in that authority (the previous term), the term of the renewed authority is taken to start from the end of the previous term.

(7)If the renewed authority is decided after the previous term, the term of the renewed authority starts immediately after the end of the previous term, but—

(a)the conditions of the renewed authority do not start until the authority holder is given notice of them; and

(b)until the notice is given, the conditions of the authority to prospect being renewed apply to the renewed authority as if they were its conditions.

s 25Q ins 2004 No. 26 s 19

exp 1 November 2021 (see s 25U)

25RCriteria for decisions

(1)The matters that must be considered in deciding whether to grant the renewal or deciding the provisions of the renewed authority include—

(a)the matters mentioned in section 25E (2); and

(b)whether the applicant continues to satisfy the capability criteria.

(2)In this section—

satisfies, the capability criteria, means the Minister continues to have the opinion mentioned in the definition of capability criteria in section 2 about the holder of the authority to prospect being renewed.

s 25R ins 2004 No. 26 s 19

exp 1 November 2021 (see s 25U)

25SInformation notice about refusal

On refusal of the application, the applicant must be given an information notice about the decision to refuse.

s 25S ins 2004 No. 26 s 19

exp 1 November 2021 (see s 25U)

25TWhen refusal takes effect

A refusal of the application does not take effect until end of the appeal period for the decision to refuse.

Notes—

1For the period to appeal, see section 105.

2For when the Land Court may grant a stay of the decision, see section 107.

s 25T ins 2004 No. 26 s 19

amd 2012 No. 20 s 125 sch 1

exp 1 November 2021 (see s 25U)

div hdg ins 2004 No. 26 s 19

exp 1 November 2021 (see s 25U)

25UExpiry of pt 4 and ending of authorities to prospect

(1)This part expires on 1 November 2021.

(2)All authorities to prospect still in force immediately before 1 November 2021 expire on that day.

s 25U ins 2004 No. 26 s 19

amd 2005 No. 3 s 12

exp 1 November 2021 (see s 25U)

hdg prec s 26 om 1995 No. 22 s 3 sch

pt 6 div 4 ins 1995 No. 22 s 12 (1)

om 2004 No. 26 s 43

div hdg ins 2004 No. 26 s 22

40Lease to holder of authority to prospect

(1)Subject to subsection (5), a holder of an authority to prospect may, by signed writing, apply to the Minister for the grant to the applicant, or to the applicant and other qualified persons nominated by the applicant, of a lease or leases of such area of land as is reasonably required to develop and produce payable deposits of petroleum within the land the subject of the authority to prospect.

(1A)The right to apply under subsection (1) applies only to the extent that the area of the proposed lease is not in the area of a coal or oil shale mining tenement, a GHG authority or a geothermal tenure.

Note—

For the transition, by application, from an authority to prospect under this Act to a petroleum lease under this Act, see the 2004 Act, chapter 15, part 3, division 4.

(2)If the applicant and any other persons nominated by the applicant are qualified persons and the applicant—

(a)declares that deposits of petroleum that the applicant believes on reasonable grounds to be payable have been discovered within the land the subject of the application; and

(b)lodges with the Minister a proposed program for developing and producing petroleum from any field within the land;

the applicant is entitled to have a lease granted to the applicant and the other persons (if any) nominated by the applicant.

(3)On compliance with subsection (2), the relevant land is taken, for the purposes of subsection (1), to contain payable deposits of petroleum capable of development and production.

(4)A lease is to be granted by the Minister.

(4A)The lease can not have a term of more than 30 years.

(5)The lands in respect of which a lease is granted under subsection (4)—

(a)shall not exceed 260km² in area; and

(b)unless otherwise approved by the Minister shall be bounded by boundaries which are a rectilinear figure the sides whereof (which may be of any number) are formed by parts of meridians of longitude and by chords, each subtending a minute of arc, of parallels of latitude and described by whole minutes of latitude and longitude; and

(c)shall be described and marked on a plan in such manner that they can be readily identified.

(6)The Minister may, if in the Minister’s opinion the special circumstances of the particular case render it necessary or desirable so to do, approve that lands which are not contiguous may be included in one lease.

(6A)However, the approval mentioned in subsection (6) is not required if the land in the authority to prospect’s area is not contiguous only because of the exclusion of acquired land from the area.

(7)The applicant for the lease shall, when and as required by the Minister, and may at the applicant’s option (but in either case at the applicant’s own expense) survey and mark upon the ground, in accordance with the relevant regulations, all or any portion of the boundaries of the lease.

(8)When such survey and marking is accepted as correct by the Minister, the boundaries or portion of the boundaries as so marked shall be the boundaries or, as the case may be, that portion of the boundaries of the lease.

(9)This section expires on 1 November 2021.

s 40 amd 1927 18 Geo 5 No. 13 s 2 (ix); 1939 3 Geo 6 No. 19 s 12

sub 1962 No. 30 s 6

amd 1972 No. 31 s 6 sch 1; 1991 No. 65 s 8; 2004 No. 26 s 22 (2)–(6), s 23 (1); 2007 No. 46 s 138; 2009 No. 3 s 527; 2010 No. 31 s 537; 2012 No. 20 ss 69, 247, 125 sch 1

exp 1 November 2021 (see s 40 (9))

40AContinuing effect, for s 40 application, of authority to prospect and its work program

(1)This section applies if, other than for subsection (2), the relevant authority to prospect would, other than by cancellation under this Act, end before an application under section 40 is granted.

(2)The authority continues in force in relation to the area the subject of the application until the earlier of the following—

(a)the start of the term of the lease the subject of the application;

(b)the application is withdrawn.

(3)While the authority continues in force under subsection (2), and despite any ending of the program period for its work program—

(a)the authority is taken to have a work program; and

(b)its holder may carry out any authorised activity for the authority.

s 40A ins 2004 No. 26 s 24

amd 2005 No. 3 s 105 sch

40BMinister’s power to decide excluded land for lease

(1)The Minister may, at any time, decide excluded land for a lease or a lease proposed to be granted under section 40.

(2)However, the power under subsection (1) may be exercised only when the Minister is deciding whether to—

(a)grant or renew the lease; or

(b)approve any later development plan for the lease.

(3)However, excluded land—

(a)must be within any sub-block that the lease states is included in the area of the lease; and

(b)can not be a whole sub-block.

(4)For subsection (3) (a), if the instrument—

(a)states that the lease’s area includes land within a block; but

(b)does not include or exclude any particular sub-block within that block;

the reference to the block is a reference to all sub-blocks within the block, other than any sub-block that is completely within the area of another 1923 Act petroleum tenure or a 2004 Act petroleum tenure.

(5)Excluded land may be described in a way the Minister considers appropriate, including, for example, by area or by reference to a stated type of land.

(6)Land ceases to be excluded land for a lease if, for any reason, the sub-block in which the land is located ceases to be in the area of the lease.

s 40B ins 2004 No. 26 s 24

44Form etc. of lease

(1)Every lease shall—

(a)be in the form prescribed, with such variations as the Minister may in special cases approve; and

(b)confer upon the lessee—

(i)the exclusive right to prospect for, mine, extract, recover, remove, and dispose of all petroleum in or under the land demised, with the right to construct and maintain thereon all works buildings plant waterways (including any pipelines for conveying water) roads pipelines reservoirs tanks pumping stations and other structures necessary to the full enjoyment thereof; and

(ii)the right to plug and abandon, or otherwise remediate, a bore or well the lessee reasonably believes is a legacy borehole and rehabilitate the surrounding area in compliance with the requirements prescribed under a regulation; and

(c)be for a term no longer than the period nominated (with reasons for the nomination) by the applicant as an appropriate term for producing in an economically viable way the petroleum from the fields within the land the subject of the lease; and

(d)be subject to the mandatory conditions for leases and any conditions decided by the Minister.

Note—

The carrying out of particular activities on particular land in a lease’s area may not be authorised following the taking of the land under a resumption law. See section 124B.

(2)Despite subsection (1) (b), the holder can not carry out GHG stream storage.

s 44 amd 1962 No. 30 s 9; 1991 No. 65 s 9; 2004 No. 26 s 26; 2009 No. 3 s 528; 2012 No. 20 ss 70, 248; 2014 No. 47 s 523

45Entitlement to renewal of lease

(1AA)This section does not apply to a lease that ends after 1 November 2021.

(1)The lessee of a lease who has substantially complied with this Act and the 2004 Act, chapter 6, and the terms and conditions of the lease, in relation to that lease, at the expiration of the lease, is entitled, subject to subsection (2), to a renewal of the lease by the Minister.

(1A)However, subsection (1) only applies if—

(a)the lease is a lease that has any number as follows—

(i)1 to 18, inclusive;

(ii)21 to 93, inclusive;

(iii)98;

(iv)101;

(v)115 to 117, inclusive;

(vi)204; or

(b)the lease is prescribed under a regulation notified before 31 December 2004; or

(c)the lease is not a lease mentioned in paragraph (a) or (b) and, before 31 December 2004, a notice under the Commonwealth Native Title Act, section 29, was given for the renewal; or

(d)a following agreement, whether made before or after the commencement of this paragraph, provides for the renewal of the lease under this Act and the negotiations for the agreement started before the 2004 Act start day—

(i)an agreement mentioned in the Commonwealth Native Title Act, section 31 (1) (b);

(ii)an indigenous land use agreement registered on the register of indigenous land use agreement under the Commonwealth Native Title Act.

Note—

For the right to apply for a petroleum tenure, see the 2004 Act, section 908.

(2)A lessee referred to in subsection (1), before the expiration of the lease, is to by an application—

(a)declare whether deposits of petroleum, that the lessee believes on reasonable grounds to be payable, exist within the land the subject of the lease; and

(b)state whether or not the development plan for the lease has been complied with; and

Note—

For the program for development and production for a lease becoming its development plan, see section 156.

(c)if the development plan for the lease has not been complied with—state details of, and the reasons for, each noncompliance.

(2A)The application must—

(a)be in the approved form; and

(b)include a proposed later development plan for the renewed lease; and

(c)include a statement about how and when the applicant proposes to consult with, and keep informed, each owner and occupier of private or public land on which authorised activities for the renewed lease are, or are likely to be, carried out; and

(d)be accompanied by—

(i)the application fee prescribed under a regulation; and

(ii)if the application is made less than 40 business days before the end of the term of the lease—an amount that is 10 times the application fee.

(2B)The proposed plan must comply with the later development plan requirements.

(3)The renewed lease must be for a term no longer than the period nominated (with reasons for the nomination) by the lessee as an appropriate term for producing in an economically viable way the petroleum from the fields within the land the subject of the lease.

(4)The law relating to the amount and payment of royalties and of rent in force at the time of renewal applies to the renewed lease.

s 45 ins 1991 No. 65 s 10

amd 2004 No. 26 s 27; 2005 No. 3 s 13; 2007 No. 46 s 241 sch; 2007 No. 46 s 139; 2012 No. 20 ss 249, 125 sch 1, 281 sch 2

46Annual rent

(1)A lessee must pay the State the annual rent, as prescribed under a regulation.

(2)The annual rent must be paid in the way, and on or before the day, prescribed under a regulation.

s 46 sub 1927 18 Geo 5 No. 13 s 2 (xi)

amd 1929 20 Geo 5 No. 17 s 17; 1939 3 Geo 6 No. 19 s 15

sub 1958 7 Eliz 2 No. 25 s 7

amd 1972 No. 31 s 6 sch 1; 1976 No. 89 s 5; 1982 No. 23 s 75; 1995 No. 22 s 3 sch

sub 2004 No. 26 s 28

46AApplication of GST to rents

(1)If rent payable under section 46 for a lease is for a supply for which GST is payable, the rent payable from the relevant day for the lease is the total of—

(a)the rent that would have been payable if the rent were not for a supply for which GST is payable; and

(b)10% of the rent that would have been payable if the rent were not for a supply for which GST is payable.

(2)In this section—

relevant day, for a lease, means—

(a)for a lease granted before 8 July 1999—1 July 2005; or

(b)for a lease granted on or after 8 July 1999—25 August 2000.

s 46A ins 2000 No. 20 s 29 sch 1

47Reservations, conditions and covenants of lease

(1)Every lease shall contain the following reservations, covenants and conditions—

(a)a reservation of power to authorise mining on the land for any purpose other than the production or obtaining of petroleum or petroleum products, but not such as to interfere with, encroach upon, or endanger operations for producing or obtaining petroleum;

(b)a covenant by the lessee to pay the prescribed rent in accordance with this Act;

(c)a covenant by the lessee to pay the State petroleum royalty, as required under the 2004 Act, chapter 6;

(d)a covenant by the lessee to work the land demised by the lease in accordance with recognised good oilfield practice and in compliance with this Act, unless exemption or partial exemption is granted in such manner as may be prescribed;

(e)a covenant by the lessee that, if directed by the Minister not to dispose of any petroleum or petroleum products for use or consumption outside Australia, the lessee will not so dispose of any petroleum or petroleum products;

(f)a covenant by the lessee to comply with the provisions of this Act;

(g)a covenant by the lessee to use the land bona fide exclusively for the purpose for which it is demised and in accordance with this Act, unless prevented from so doing by circumstances beyond the lessee’s power and control;

(h)a covenant by the lessee not to assign, transfer, sublet, mortgage or make the subject of any trust the lease or the land or any part thereof otherwise than in accordance with this Act;

(i)a condition for the forfeiture of the lease in the event of any breach of any covenant or condition by the lessee and the failure of the lessee completely to remedy the same within 3 months (or such further time as the Minister may in the Minister’s discretion, allow) after the Minister shall have given to the lessee notice in writing to make good the same.

(2)When an application for a lease has been approved and notwithstanding that the instrument of lease has not been executed and whether or not the applicant shall have entered upon the land as provided for in this Act, the applicant and the applicant’s assigns shall be deemed to have entered into the covenants and to have accepted the reservations and conditions provided for in subsection (1) and shall in all respects be bound thereby.

s 47 prev s 47 om 1958 7 Eliz No. 25 s 8

pres s 47 ins 1962 No. 30 s 10

amd 1991 No. 65 s 11; 2004 No. 26 s 29

48Commencement of drilling

(1)The lessee shall each year expend on the lease in respect of drilling for petroleum or such other work as the Minister may in writing approve a total sum of money calculated at the rate of $1550 per square kilometre for each square kilometre or part thereof contained in the lease.

(2)The total sum is to be reduced by the value at the wellhead, as agreed or determined under section 49, of all petroleum produced from the lease in the year.

(3) Subsections (1) and (2) are complied with in relation to each of the leases that are the subject of a unitisation arrangement if those subsections are complied with in relation to the leases taken as a whole.

(4)The Minister may grant exemption in writing from the requirements of subsection (1) for such period and under such conditions as the Minister may fix.

(5)If a conservation authority appointed under this Act restricts production from the lease then the value at the wellhead mentioned in subsection (2) shall be determined on production that, in the opinion of the conservation authority, reasonably could have been expected from the lease had production not been so restricted.

(6)The lessee shall drill all necessary wells fairly to offset the wells of others on adjoining land on petroleum deposits.

s 48 amd 1927 18 Geo 5 No. 13 s 2 (xii); 1939 3 Geo 6 No. 19 s 16; 1962 No. 30 s 11; 1972 No. 31 s 6 sch 1; 1991 No. 65 s 12; 1995 No. 22 s 3 sch; 2007 No. 46 s 140

49Ascertainment of value

For section 48 (2), the value at the wellhead of any petroleum is such amount as is agreed between the Minister and the person who produces the petroleum or, failing such agreement within a period allowed by the Minister (either generally or in a particular case) as is determined by the Minister as being that value.

s 49 prev s 49 amd 1962 No. 30 s 12

om 2004 No. 26 s 30

pres s 49 (prev s 57) ins 1967 No. 37 s 8

amd 2007 No. 46 s 143 (1)

renum and reloc 2007 No. 46 s 143 (2)

51Use and occupation of mining area on private or improved land

(1)With respect to the use and occupation by a lessee of any of the land demised, every lessee shall—

(a)as against the owner or occupier only of any such land, but not otherwise, be and be deemed to be in occupation of only such area of such land as the lessee from time to time requires for effectively carrying on and adequately protecting all the mining operations and the storing, refining, transporting, and communication works in connection with all the lessee’s mining operations carried on or to be carried on from time to time or at any time during the term of the lease or any extension thereof, together with all rights and easements incidental to such occupation;

(b)during such time have the right personally or by agents or workers, to cut and use any timber on any such land for building purposes, construction works, firewood, or other necessary purposes; and may depasture on such land all stock used in connection with all such mining or other operations or used by workers or employees of such lessee; subject however to any conditions prescribed with respect to payment for water timber or agistment in cases where the making of such payment is deemed necessary;

(c)cause to be surveyed and securely fenced each surface area on any such land which the lessee requires so as to effectively carry on and adequately protect the lessee’s mining operations and works.

(2)However, subsection (1) (c) shall not apply in relation to any unallocated State land except in so far as the Minister, in relation to any such land contained in a lease, by notice in writing to the lessee concerned, so directs.

(3)In this section—

occupier means the person in actual occupation of any private land or improved land, or, if there is no person in actual occupation, the person entitled to possession thereof.

s 51 amd 1962 No. 30 s 14; 1995 No. 22 s 3 sch; 2000 No. 34 s 1145 sch 3; 2004 No. 26 ss 4(4), 31

52Surrender and determination of lease

(1)The lessee may, with the consent of the Minister in writing, surrender and terminate the lease upon the payment of all rents royalties and other obligations due and payable to the Crown and upon payment of all wages and moneys due and payable to the workers employed by the lessee and upon proof satisfactory to the Minister that the public interest will not be impaired, but in no case shall such surrender be effective until the lessee has made full provision for conservation and protection of the property.

(1A)The consent may be given only on the application of the lessee.

(1B)The application must be—

(a)in the approved form; and

(b)be accompanied by—

(i)the fee prescribed under a regulation; and

(ii)a report by the applicant about the activities carried out on the area the subject of the application, and the results of the activities.

Note—

For the later grant of a petroleum tenure under the 2004 Act replacing an equivalent petroleum tenure under this Act, see the 2004 Act, chapter 15, part 3, division 7.

(2)Upon the acceptance of such surrender by the Minister the lessee shall be relieved of all future obligations under the lease.

(3)The lessee may with the like consent surrender to the Crown any legal subdivision of the area comprised within the lease.

s 52 amd 2004 No. 26 s 32; 2012 No. 20 s 125 sch 1, s 281 sch 2

52AApplication of 2004 Act provisions about coextensive natural underground reservoirs

The 2004 Act, chapter 2, part 2, division 1, subdivision 2 applies to a lease as if a reference in the subdivision to a petroleum lease were a reference to a lease under this Act.

Note—

For the deferral of section 52A for existing leases, see section 168.

s 52A ins 2004 No. 26 s 33

amd 2012 No. 20 s 125 sch 1

div hdg ins 2004 No. 26 s 34

sdiv hdg ins 2004 No. 26 s 34

53Operation of sdiv 1

This subdivision provides for requirements (the later development plan requirements) for a proposed later development plan for a lease.

Notes—

1For the granting of a lease to the holder of an authority to prospect, see section 40.

2For the entitlement to a renewal of the lease, see section 45.

3For the obligation to lodge a proposed later development plan, see section 74Q.

4For the types of noncompliance action that may be taken, see section 80T.

s 53 amd 1995 No. 22 s 3 sch

sub 2004 No. 26 s 34

amd 2012 No. 20 s 125 sch 1

53AGeneral requirements

(1)The proposed plan must provide for each of the following—

(a)an overview of the activities proposed to be carried out under the lease or proposed lease during all of its term;

(b)for each year of the plan period—

(i)the nature and extent of activities proposed to be carried out under the lease or proposed lease during the year; and

(ii)where the activities are proposed to be carried out; and

(iii)the estimated cost of the activities;

(c)for each natural underground reservoir in the area of the lease of which the applicant is aware, each of the following—

(i)the location and a verifiable estimate of the amount of petroleum in the reservoir;

(ii)the standards and procedures used to make the estimate;

(iii)the rate and amount of production proposed from the reservoir;

(iv)approximately when the proposed production is to start;

(v)a schedule for the proposed production during the plan period;

(d)maps that show the matters mentioned in paragraph (b)(i) and (ii) and (c)(i);

(e)any other information relevant to the development plan criteria;

(f)reasons that the plan is considered appropriate;

(g)another matter prescribed under a regulation.

(2)Also, the proposed plan must—

(a)highlight any significant changes from the current development plan for the lease; and

(b)if the current development plan for the lease has not been complied with—state the details of, and the reasons for, each noncompliance.

(3)If the effect of the proposed plan is to significantly change an activity provided for under the current development plan, the proposed plan must also state reasons for the change.

(4)Also, for a significant change that is a cessation or reduction of petroleum production, the proposed plan must include an evaluation of—

(a)petroleum production potential in the area of the lease; and

(b)market opportunities for petroleum production in the area of the lease.

(5)A regulation may impose requirements about the form of the proposed plan.

(6)In this section—

year, of the plan period, means—

(a)the period starting on the day the plan period starts and ending on the first anniversary of that day; and

(b)each subsequent period of 12 months or less during the plan period, starting on each anniversary of that day and ending on—

(i)the next anniversary of that day; or

(ii)if the plan period ends before the next anniversary—the day the plan period ends.

s 53A ins 2004 No. 26 s 34

53BPlan period

(1)The proposed plan must state its period.

(2)The period must not be longer than—

(a)if the remaining term, or the renewed term, of the lease is less than 5 years—the term of the lease; or

(b)if the remaining term, or the renewed term, of the lease is 5 years or more—5 years from the start of the term or renewed term.

s 53B ins 2004 No. 26 s 34

amd 2007 No. 46 s 141

sdiv hdg ins 2004 No. 26 s 34

53CApplication of sdiv 2

This subdivision applies if under this Act, a proposed later development plan is lodged for approval.

Note—

For the obligation to lodge a proposed later development plan, see section 74Q.

s 53C ins 2004 No. 26 s 34

amd 2012 No. 20 s 125 sch 1

53DLease taken to have development plan until decision on whether to approve proposed development plan

(1)This section applies until—

(a)if the proposed plan is approved—the holder is given notice of the approval; or

(b)if approval of the proposed plan is refused—when the refusal takes effect.

Note—

For when the decision takes effect, see section 53G.

(2)Despite the ending of the plan period for the current development plan for the lease—

(a)the lease is taken to have a development plan; and

(b)the holder may carry out any authorised activity for the lease.

s 53D ins 2004 No. 26 s 34

amd 2012 No. 20 s 125 sch 1

53EDeciding whether to approve proposed plan

(1)The Minister may approve or refuse to approve the proposed plan.

(2)The matters that must be considered in deciding whether to approve the proposed plan include each of the following—

(a)the potential of the area of the lease for petroleum production and related activities;

(b)the nature and extent of the activities;

(c)when and where the activities are proposed to be carried out;

(d)whether petroleum production sought under the lease will be optimised in the best interests of the State, having regard to the public interest;

(e)the extent to which the current development plan for the lease has been complied with;

(f)if the proposed plan provides for a significant change that is a cessation or reduction of petroleum production—

(i)whether the cessation or reduction is reasonable; and

(ii)whether the lessee has taken all reasonable steps to prevent the cessation or reduction.

s 53E ins 2004 No. 26 s 34

53FPower to require relinquishment

(1)This section applies if the proposed plan provides for a significant change that is a cessation or reduction of petroleum production.

(2)The Minister may approve the proposed plan, but—

(a)decide (a deferral decision)—

(i)to defer the taking of effect of the approval until the lessee relinquishes, by a lodged notice, a stated part or percentage of the area of the lease on or before a stated day; and

(ii)that the decision to approve the proposed plan is replaced by a decision not to approve it if the notice is not lodged on or before the stated day; or

(b)impose a condition on the lease requiring its holder to relinquish, by a lodged notice, a stated part or percentage of the area of the lease at stated times or intervals.

(3)The public interest must be considered before making a deferral decision or imposing the condition.

(4)A relinquishment under subsection (2) (a) (i) takes effect on the day after the notice is lodged.

s 53F ins 2004 No. 26 s 34

amd 2012 No. 20 s 281 sch 2

53GSteps after, and taking effect of, decision

(1)On approval of the proposed later development plan, the holder must be given notice of the approval.

(2)The approval takes effect when the holder is given the notice or, if the notice states a later day of effect, on that later day.

(3)The holder must be given an information notice about—

(a)a decision to refuse to approve the proposed plan; or

(b)a decision, under section 53F, to make a deferral decision or impose a condition.

(4)A refusal does not takes effect until the end the appeal period for the decision to refuse.

Notes—

1For the period to appeal, see section 105.

2For when the Land Court may grant a stay of the decision, see section 107.

s 53G ins 2004 No. 26 s 34

amd 2012 No. 20 s 125 sch 1

div hdg (prev pt 7 div 1 hdg) ins 1995 No. 22 s 3 sch

om 2004 No. 26 s 40

ins 2004 No. 26 s 36

amd 2007 No. 46 s 241 sch

61Obstruction of 1923 Act petroleum tenure holder

(1)A person must not, without reasonable excuse, obstruct a 1923 Act petroleum tenure holder from—

(a)entering or crossing land to carry out an authorised activity for the tenure if part 6H or 6I, to the extent it is relevant, has been complied with in relation to the entry; or

(b)carrying out an authorised activity for the tenure on the land.

Maximum penalty—100 penalty units.

(2)If a person has obstructed a 1923 Act petroleum tenure holder from carrying out an activity mentioned in subsection (1) and the holder decides to proceed with the carrying out of the activity, the holder must warn the person that—

(a)it is an offence to obstruct the holder unless the person has a reasonable excuse; and

(b)the holder considers the person’s conduct is an obstruction.

(3)In this section—

obstruct includes assault, hinder or resist and attempt or threaten to assault, hinder or resist.

s 61 sub 1962 No. 30 s 15; 2004 No. 26 s 41

65Reservations in favour of State

(1)Each lease or authority to prospect is taken to contain a reservation to the State of the right to grant the easements or rights of way, over land covered by the lease or authority, the Minister considers desirable for—

(a)developing or working the land or other land containing petroleum deposits; or

(b)treating and transporting petroleum deposits by or for the Government, or a lessee or authority holder; or

(c)another public purpose associated with a purpose mentioned in paragraph (a) or (b).

(2)Easements and rights of way under this section may be granted for joint or several use.

s 65 amd 1955 4 Eliz 2 No. 25 s 5; 1967 No. 37 s 9

sub 1995 No. 22 s 11

amd 2004 No. 26 s 42; 2012 No. 20 s 250

73Recovery of amounts payable to the State

(1)An amount payable to the State under this Act may be recovered as a debt in a court having jurisdiction up to the amount of the debt.

(2)The starting of a proceeding to recover an amount owing to the State does not limit the right of the State to recover another amount that may become payable under this Act because the failure continues.

(3)If the State starts a proceeding to recover part only of an amount payable at a particular time, the State is taken to have abandoned the remainder of the amount payable at the time.

s 73 ins 1995 No. 22 s 12 (1)

amd 2004 No. 26 s 45

pt hdg ins 2004 No. 26 s 46

div hdg ins 2004 No. 26 s 46

74Operation of div 1

This division provides for the key mandatory conditions for 1923 Act petroleum tenures.

Notes—

1Parts 4, 6, 6B to 6K and 10 also impose mandatory conditions on 1923 Act petroleum tenures.

2For what is a ‘mandatory condition’, see the definition of that term in section 2.

s 74 ins 1995 No. 22 s 12 (1)

sub 2004 No. 26 s 46

div hdg ins 2004 No. 26 s 46

Note—

For an authority to prospect in force immediately before 31 December 2004, see part 10, division 2.

sdiv hdg ins 2004 No. 26 s 46

amd 2007 No. 46 s 241 sch

74AStandard relinquishment condition

(1)It is a condition (the relinquishment condition) of each authority to prospect that its holder must relinquish part of its area, as provided for under this subdivision—

(a)on or before each of its relinquishment days; and

(b)if section 74E (3) applies—on the day provided for under that subsection; and

(c)if, under part 4, division 2, subdivision 3, the period of the work program for the authority has been extended—the day on which the extended period ends.

(2)However, if, under section 25J (4), a relinquishment day for the authority (the original day) is deferred for a stated period, for the relinquishment condition—

(a)the relinquishment that was required on or before the original day is taken to have been deferred until the end of the stated period; but

(b)the relinquishments required under the relinquishment condition on any later relinquishment days for the authority must be made as if the deferral has not been granted.

(3)A relinquishment required under the relinquishment condition—

(a)must be made by lodged notice (the relinquishment notice); and

(b)takes effect on the day after lodgement under paragraph (a).

(4)This section does not prevent the holder from relinquishing, by relinquishment notice, more than the part provided for under this subdivision.

s 74A ins 2004 No. 26 s 46

amd 2012 No. 20 s 281 sch 2

74BConsequence of failure to comply with relinquishment condition

(1)If the holder does not comply with the relinquishment condition the holder must be given a notice requiring the holder to comply with the condition within 20 business days after the giving of the notice.

(2)If the holder does not comply with the requirement, the authority to prospect is cancelled.

(3)However, the cancellation does not take effect until the holder is given a notice stating that the authority to prospect is cancelled because of the operation of subsection (2).

s 74B ins 2004 No. 26 s 46

amd 2005 No. 3 s 105 sch

74CPart usually required to be relinquished

(1)This section is subject to section 74E.

(2)The relinquishment for each relinquishment day, and any other day mentioned in section 74A (1) (b) or (c) that applies to the authority, must be such that by that day at least 8.33% of the original notional sub-blocks of the authority to prospect have been relinquished for each year that has passed since the authority originally took effect.

(3)The sub-blocks required to be relinquished under this section is the usual relinquishment.

s 74C ins 2004 No. 26 s 46

74DSub-blocks that can not be counted towards relinquishment

(1)The following can not be counted as sub-blocks relinquished for the relinquishment condition—

(a)sub-blocks relinquished under a condition imposed under section 25J (6);

(b)sub-blocks in an area that, under section 20, has ceased to be included in the area of an authority to prospect;

(c)sub-blocks the subject of a lease application or an application for a 2004 Act lease;

(d)sub-blocks relinquished under a penalty relinquishment.

(2)In this section—

penalty relinquishment means a relinquishment that is—

(a)made under section 74J or under a requirement under section 80T (1) (b); and

(b)more than the sub-blocks required to be relinquished under the relinquishment condition.

s 74D ins 2004 No. 26 s 46

74EAdjustments for sub-blocks that can not be counted

(1)This section applies for a relinquishment day if, after taking away all sub-blocks that, under section 74D, can not be counted for the relinquishment condition, the balance of the sub-blocks of the authority to prospect are less than the sub-blocks required to be relinquished under the usual relinquishment.

(2)The relinquishment condition is taken to have been complied with if the authority holder gives a relinquishment notice for all of the balance.

(3)However, if—

(a)a sub-block not counted for the relinquishment condition was the subject of a lease application; and

(b)the result of the application is that it is refused;

the authority holder must, within 20 business days after the appeal period for the decision to refuse, give a relinquishment notice for that sub-block.

s 74E ins 2004 No. 26 s 46

74FRelinquishment must be by blocks

(1)A relinquishment under the relinquishment condition can only be by blocks.

(2)However, if a block contains an area that, under section 74D, can not be counted as a relinquishment, subsection (1) is complied with if all of the rest of the land within the block is relinquished.

s 74F ins 2004 No. 26 s 46

74GEnding of authority to prospect if all of area relinquished

If all of the area of an authority to prospect is relinquished, the authority ends.

s 74G ins 2004 No. 26 s 46

sdiv hdg ins 2004 No. 26 s 46

74HRequirement to have work program

The holder of an authority to prospect must have a work program for the authority.

Notes—

1The only ‘work program’ for an authority to prospect is its current initial work program provided for under section 151 or 155 or its later work program, as approved under part 4, division 2. See the definition of that term in section 2.

2For the requirements to lodge a proposed later work program see sections 25M, 74K and 80T.

3For approval of proposed later development plans see part 4, division 2, subdivision 2.

s 74H ins 2004 No. 26 s 46

74ICompliance with exploration activities in work program

An authority to prospect holder must carry out the exploration activities proposed in the work program.

s 74I ins 2004 No. 26 s 46

74JPenalty relinquishment if work program not completed within extended period

(1)If—

(a)under part 4, division 2, subdivision 3, the period of the work program for an authority to prospect has been extended; and

(b)the work program is not completed on or before the day on which the extended period ends;

its holder must relinquish a part of the original notional sub-blocks of the authority that the Minister is satisfied corresponds to the amount of the work under the work program that was not completed.

(2)The holder must give the chief executive written notice of the relinquishment within 20 business days after the end of the extended period.

Note—

For other relevant provisions about giving the chief executive documents, see part 9, division 1A.

(3)If the holder does not comply with subsection (2), the Minister may take action under section 80T (1) (b).

s 74J ins 2004 No. 26 s 46

amd 2005 No. 3 s 14; 2012 No. 20 s 281 sch 2

74KObligation to lodge proposed later work program

(1)This section imposes an obligation on an authority to prospect holder to lodge a proposed later work program for the authority.

Notes—

1For approval of the proposed program, see part 4, division 2, subdivision 2.

2If the holder wishes to renew the authority, a proposed later work program must be included in the renewal application. See section 25M (1).

(2)The obligation is complied with only if the proposed later work program—

(a)is lodged; and

(b)complies with the later work program requirements; and

Note—

For requirements for proposed later work programs, see part 4, division 2, subdivision 1.

(c)is accompanied by the relevant fee.

(3)A proposed later work program must be lodged at least 40, but no more than 100, business days before the end of the program period for the current work program for the authority (the current work program period).

(4)However, if before the end of the current work program period, a decision is made not to approve a proposed later work program lodged under subsection (3), the holder may, within the eligible balance of the period, lodge another proposed later work program.

(5)If the holder does not lodge any proposed later work program before the end of the current plan period or if subsection (4) applies and the holder does not lodge another proposed later work program within the eligible balance of the current work program period—

(a)the holder must be given a notice requiring the holder to lodge a proposed later work program for the authority within 40 business days after the giving of the notice; and

(b)the holder must comply with the requirement.

(6)In this section—

eligible balance, for a current work program period during which a decision mentioned in subsection (4) is made, means the balance of the period, other than the appeal period for the decision.

relevant fee, for the lodgement of the proposed program, means—

(a)if the proposed program is lodged within the time required under subsection (3)—the fee prescribed under a regulation; or

(b)if the proposed program is lodged after the time required under subsection (3)—

(i)if it is lodged under subsection (4)—nil; or

(ii)if it is not lodged under subsection (4)—an amount that is 10 times the prescribed fee.

s 74K ins 2004 No. 26 s 46

amd 2007 No. 46 s 144; 2012 No. 20 s 125 sch 1, s 281 sch 2; 2014 No. 47 s 530

74LConsequence of failure to comply with notice to lodge proposed later work program

(1)If an authority to prospect holder does not comply with a requirement under section 74K (5) (a), the authority is cancelled.

(2)However, the cancellation does not take effect until the holder is given a notice stating that the authority has been cancelled because of the operation of subsection (1).

s 74L ins 2004 No. 26 s 46

sdiv hdg ins 2004 No. 26 s 46

74MRestriction on flaring or venting

(1)An authority to prospect holder must not flare or vent petroleum in a gaseous state produced under the authority unless the flaring or venting is authorised under this section.

(2)Flaring the gas is authorised if it is not commercially or technically feasible to use it—

(a)commercially under the authority; or

(b)for an authorised activity for the authority.

(3)Venting the gas is authorised if—

(a)it is not safe to use the gas for a purpose mentioned in subsection (2) (a) or (b) or to flare it; or

(b)flaring it is not technically practicable.

s 74M ins 2004 No. 26 s 46

74NPetroleum royalty and annual rent

(1)From 31 December 2004, the holder must pay the State—

(a)petroleum royalty as required under the 2004 Act, chapter 6; and

(b)annual rent, as prescribed under a regulation.

(2)The annual rent must be paid in the way, and on or before the day, prescribed under a regulation under the 2004 Act.

s 74N ins 2004 No. 26 s 46

amd 2007 No. 46 s 241 sch

div hdg ins 2004 No. 26 s 46

sdiv hdg ins 2004 No. 26 s 46

74ORequirement to have development plan

A lessee must have a development plan for the lease.

Notes—

1For what is the ‘development plan’ for a lease, see the definition of that term in section 2.

2For the requirements to lodge a proposed later development plan see sections 40, 45, 74Q and 80T.

3For approval of proposed later development plans see part 6, division 2, subdivision 2.

s 74O ins 2004 No. 26 s 46

amd 2005 No. 3 s 105 sch

74PCompliance with development plan

(1)A lessee must comply with the development plan for the lease.

Note—

For a lease being taken to have a development plan until a decision on whether to approve a proposed development plan is made, see section 53D.

(2)However, subsection (1) does not apply to a failure to comply with the plan that is an act or omission by the holder to ensure compliance with an insufficiency of supply direction under the Gas Supply Act 2003 .

s 74P ins 2004 No. 26 s 46

amd 2012 No. 20 s 125 sch 1

74QObligation to lodge proposed later development plan

(1)This section imposes an obligation on a lessee to lodge a proposed later development plan for the lease.

Notes—

1For approval of the proposed plan, see part 6, division 2, subdivision 2.

2If the holder wishes to renew the lease, a proposed later development plan must be included in the renewal application. See section 25M.

(2)The obligation is complied with only if the proposed later development plan—

(a)is lodged; and

(b)complies with the later development plan requirements; and

(c)is accompanied by the relevant fee.

(3)A proposed later development plan must be lodged—

(a)for a petroleum lease granted after the commencement of this section—within 6 months after the grant; or

(b)otherwise—

(i)at least 40, but no more than 100, business days before the end of the plan period for its current development plan (the current plan period); or

(ii)as soon as practicable after the holder proposes or becomes aware of a significant change to the nature and extent of an authorised activity that is not already dealt with under the current development plan for the lease.

(4)However, if before the end of the current plan period, a decision is made not to approve a proposed later development plan lodged under subsection (3), the holder may, within the eligible balance of the period, lodge another proposed later development plan.

(5)If the holder does not lodge any proposed later development plan before the end of the current development plan period or if subsection (4) applies and the holder does not lodge another proposed later development plan within the eligible balance of the current development plan period—

(a)the holder must be given a notice requiring the holder to lodge a proposed later development plan for the lease within 40 business days after the giving of the notice; and

(b)the holder must comply with the requirement.

(6)In this section—

eligible balance, for a current plan period during which a decision mentioned in subsection (4) is made, means the balance of the period, other than the appeal period for the decision.

relevant fee, for the lodgement of the proposed plan, means—

(a)if the proposed plan is lodged within the time required under subsection (3)—the fee prescribed under a regulation; or

(b)if the proposed plan is lodged after the time required under subsection (3) and—

(i)if it is lodged under subsection (4)—nil; or

(ii)if it is not lodged under subsection (4)—an amount that is 10 times the prescribed fee.

s 74Q ins 2004 No. 26 s 46

amd 2005 No. 3 s 105 sch; 2007 No. 46 s 145; 2012 No. 20 s 281 sch 2; 2014 No. 47 s 531

74RConsequence of failure to comply with notice to lodge proposed later development plan

(1)If a lessee does not comply with a requirement under section 74Q (5) (a), the lease is cancelled.

(2)However, the cancellation does not take effect until the holder is given a notice stating that the lease has been cancelled because of the operation of subsection (1).

s 74R ins 2004 No. 26 s 46

sdiv hdg ins 2004 No. 26 s 46

74SRestriction on flaring or venting

(1)A lessee must not flare or vent petroleum in a gaseous state produced under the lease unless the flaring or venting is authorised under this section.

(2)Flaring the gas is authorised if it is not commercially or technically feasible to use it—

(a)commercially under the lease; or

(b)for an authorised activity for the lease.

(3)Venting the gas is authorised if—

(a)it is not safe to use the gas for a purpose mentioned in subsection (2) (a) or (b) or to flare it; or

(b)flaring it is not technically practicable.

(4)Venting the coal seam gas is also authorised if—

(a)it is being used, or is proposed to be used, under a greenhouse abatement scheme; and

(b)if subsection (1) were to apply, the direct or indirect benefit the holder would otherwise obtain because of the use of the gas under the scheme would be reduced.

(5)In this section—

greenhouse abatement scheme means—

(a)the Electricity Supply Act 1995 (NSW), part 8A; or

(b)the Commonwealth’s Greenhouse Gas Abatement Program; or

(c)another scheme about the abatement of greenhouse gases prescribed under a regulation.

s 74S ins 2004 No. 26 s 46

amd 2005 No. 3 s 105 sch