Queensland: Petroleum Act 1923 (Qld)

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 Part 1 Preliminary 1 Short title This Act may be cited as the Petroleum Act 1923. 2 Definitions 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. 1923 Act petroleum tenure— (a) generally, means an authority to prospect or lease under this Act; and (b) for the following provisions, includes a water monitoring authority— (i) section 75K; (ii) part 6D, divisions 3 and 4; (iii) part 6L, division 2; (iv) parts 6O and 6P. 2004 Act means the Petroleum and Gas (Production and Safety) Act 2004. 2004 Act ATP means an authority to prospect under the 2004 Act. 2004 Act lease means a petroleum lease under the 2004 Act. 2004 Act petroleum authority see the 2004 Act, section 18(2). 2004 Act petroleum tenure means a 2004 Act ATP or 2004 Act lease. 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. ALA means the Acquisition of Land Act 1967. appeal period, for a decision, means the period provided for under section 105 for starting an appeal against the decision. apply, in relation to making an application, has the meaning affected by section 124AA. 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. area— 1 The area of a 1923 Act petroleum tenure is any land to which the tenure is subject, as recorded in the 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 register. 4 The area of a mining tenement is the land to which the tenement is subject. 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. authority to prospect means an authority to prospect under this Act. block see the Common Provisions Act, section 11A(1). 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. coal exploration tenement see section 76M(1). coal mining lease see section 76M(2). coal or oil shale mining lease means a coal mining lease or oil shale mining lease under the Mineral Resources Act. coal or oil shale mining tenement means a coal mining or oil shale mining tenement under the Mineral Resources Act. coal seam gas see section 76K(1). commercial viability report see section 75F(1). Common Provisions Act means the Mineral and Energy Resources (Common Provisions) Act 2014. Commonwealth Native Title Act means the Native Title Act 1993 (Cwlth). compensation liability see the Common Provisions Act, section 81(2). 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. conduct and compensation agreement see the Common Provisions Act, section 83(1). conduct and compensation agreement requirement see section 78Q(2). coordinated development agreement see section 177(4). coordination arrangement means a coordination arrangement under the 2004 Act. 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. CSG assessment criteria see section 76U(1)(b). CSG statement see section 76U(1)(a). current term, of an authority to prospect, see section 171. 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. dealing, in relation to a 1923 Act petroleum tenure, means a dealing with a resource authority, under the Common Provisions Act, that is a 1923 Act petroleum tenure. deferral agreement see the Common Provisions Act, section 44. 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). 2 However, 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. 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. drilling means drilling, for sections 48, 83, 84 and 89, or boring. enter a place includes the exercise of the rights in relation to the place under section 74X. Environmental Protection Act means the Environmental Protection Act 1994. 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. 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. 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 fee includes tax. Geothermal Act see section 4A. geothermal activity see the Geothermal Act, section 18. geothermal coordination arrangement see the Geothermal Act, section 138(4). geothermal exploration permit means a geothermal exploration permit under the Geothermal Exploration Act 2004. geothermal lease see the Geothermal Act, section 19(1)(b). geothermal permit see the Geothermal Act, section 19(1)(a). geothermal tenure see the Geothermal Act, section 19(2). GHG means greenhouse gas. GHG authority see the GHG storage Act, section 18(3). GHG coordination arrangement see the GHG storage Act, section 186(3). GHG lease see the GHG storage Act, section 18(1)(b). GHG permit see the GHG storage Act, section 18(1)(a). GHG storage Act see section 4A. GHG storage activity means an authorised activity under the GHG storage Act for a GHG authority. GHG stream see the GHG storage Act, section 12. GHG stream storage see the GHG storage Act, section 14. GHG tenure see the GHG storage Act, section 18(2). give, a document to the Minister or the chief executive, has the meaning affected by section 124AA. holder, of a 1923 Act petroleum tenure, means each person recorded in the register as its holder. incidental coal seam gas see section 76K(2). independent viability assessment see section 75H(2). information-giver, for part 6F, see section 78A(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. interfere with includes tamper. land includes land covered by water, and whether by sea or otherwise. land access code see the Common Provisions Act, section 36. later development plan requirements see section 53. later work program requirements see section 25. 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. lessee means the holder of a petroleum lease. licensed water bore driller means an individual who holds a water bore driller's licence under the Water Act. lodge, a document, has the meaning affected by section 124AA. make submissions has the meaning affected by section 124AA. 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. mandatory provision, of the land access code, means a provision of that code that the code requires compliance with. Mineral Resources Act means the Mineral Resources Act 1989. 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. mining lease see the Mineral Resources Act, schedule 2. mining tenement means a mining tenement under the Mineral Resources Act. natural gas means gas consisting primarily of hydrocarbons, and obtained from boreholes or from crude oil. 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. 3 In items 1 and 2, a geological formation includes a coal seam. noncompliance action means action of a type mentioned in section 80T. notice means a written notice. 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. notifiable road use see the Common Provisions Act, section 62. 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. oil shale see section 76L. oil shale exploration tenement see section 76N(1). oil shale mining lease see section 76N(2). on, land or another place, includes across, attached to, in, under or over the land or place. operate, a pipeline— 1 Operate, a pipeline, includes use, inspect, test, maintain, repair, alter, add to and replace the pipeline. 2 For item 1, using a pipeline includes using it to transport petroleum. operating plant see the 2004 Act, section 670. original notional sub-blocks, of an authority to prospect— 1 The original notional sub-blocks, of an authority to prospect, are the sub-blocks included in the area of the authority at the following time— (a) if the authority was granted before 31 December 2004—immediately after its first renewal after that day; (b) if the authority was granted on or after 31 December 2004—when it was originally granted. 2 However, the original notional sub-blocks do not include any sub-block completely within the area of a lease under this Act or a 2004 Act lease. overlapping authority (geothermal or GHG), for part 6FA, see section 78CB. overlapping tenure, for part 6FA, see section 78CH(b). 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 202(2) or (4)(b) of that Act—the trustee of the land; (ka) for Torres Strait Islander land under the Torres Strait Islander Land Act 1991 that is taken to be a reserve because of section 151(2) of that Act—the trustee of the land; (l) for land under the Land Act 1994 for which there are trustees—a trustee; (m) for transport land under the Transport Planning and Coordination Act 1994—the chief executive of the department in which that Act is administered; (n) for land vested in the Minister administering the Education (General Provisions) Act 2006—that Minister; (o) for land vested in the Queensland Housing Commission or another Minister or a chief executive responsible for constructing public buildings—the Minister administering the relevant Act; (p) for land held from the State under another Act under an interest less than fee simple (other than occupation rights under a permit under the Land Act 1994)—the person who holds the interest; (q) for any of the following land under the NCA, the 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. 3 If 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. payable, as applied to petroleum, means petroleum of such quantity and quality that it can under ordinary circumstances be won with profit. 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; 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 royalty means petroleum royalty imposed under the 2004 Act, section 590. 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. place includes land. plan period, for a development plan, means the period for which the plan applies. 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. 2 However, land is not private land to the extent of an interest in any of the following relating to the land— (a) a mining interest; (b) a 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. 3 Also, land owned by a public land authority is not private land. 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. program period, for a work program, means the period for which the program applies. provisions of a 1923 Act petroleum tenure— 1 A reference in this Act to a 1923 Act petroleum tenure includes a reference to its provisions. 2 A 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. 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. 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. 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 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. recipient, for part 6F, see section 78A(1). register means the register kept by the chief executive under the Common Provisions Act, section 197. 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. 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. 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. remedial powers see section 80L(2). report means a written report. required information, for part 6E, division 3, see section 76C. 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. 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. safety management system see the 2004 Act, schedule 2. security includes bond, deposit of an amount as security, guarantee, indemnity or other surety, insurance, mortgage and undertaking. 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). 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. 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. State-controlled road see Transport Infrastructure Act 1994, schedule 6. structure means anything built or constructed, whether or not attached to land. sub-block see the Common Provisions Act, section 11A(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. submission means a written submission. take, in relation to land, includes acquire. 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. transfer, of a well, water observation bore or water supply bore, see section 75N(2). transitional notional sub-blocks, of an authority to prospect, see section 172. unallocated State land has the same meaning as in the Land Act 1994. 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. 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 usual relinquishment see section 74C(3). Water Act means the Water Act 2000. Water Act regulator means the chief executive of the department that administers the Water Act. water monitoring activity see section 87. water monitoring authority means an authority granted under section 75WC. water observation bore— 1 A water observation bore is a bore to monitor water levels and includes— (a) a well that, under part 6D, division 2, has been, or is taken to have been, converted to a water observation bore; and (b) a water monitoring bore under the Water Act. 2 A reference to a water observation bore includes its casing, wellhead and any other works constructed in connection with the bore. 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. 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. 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. 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— 1 For 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. 2 For the continuing effect of an authority on a renewal application, see section 25N. 3 For conditions of an authority to prospect about expenditure or work becoming its work program, see section 155. 3 Relationship with Mineral Resources Act (1) This section does not apply to a coal or oil shale mining tenement. Notes— 1 For provisions for coal seam gas, see part 6F. 2 For 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. 4 Relationship with Nature Conservation Act 1992 This Act is subject to the Nature Conservation Act 1992, sections 27 and 70QA. 4A Relationship 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. 4B Relationship with Common Provisions Act The relationship between this Act and the Common Provisions Act is provided for under the Common Provisions Act, section 6. 4C [Repealed] 4D [Repealed] 4E [Repealed] 4F [Repealed] 4G [Repealed] 4H [Repealed] 5 Declaration for Commonwealth Act A 1923 Act petroleum tenure is declared not to be personal property under the Personal Property Securities Act 2009 (Cwlth). 6 [Repealed] 7 Application 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. 7A Act 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. 7AA Qualification 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. 7B [Repealed] Part 2 [Repealed] 8 [Repealed] Part 3 Rights and powers of the Crown 9 Petroleum 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. 10 Reservations 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. 10A [Repealed] 11 [Repealed] 12 [Repealed] 13 [Repealed] 14 [Repealed] 15 [Repealed] 16 [Repealed] Part 4 [Expired] Division 1 [Expired] 17 [Repealed] 18 [Expired] 18A [Expired] 19 [Repealed] 20 [Expired] 20A [Repealed] 21 [Expired] 22 [Repealed] 22A [Repealed] 23 [Repealed] 24 [Expired] 24A [Repealed] Division 2 [Expired] Subdivision 1 [Expired] 25 [Expired] 25A [Expired] 25B [Expired] Subdivision 2 [Expired] 25C [Expired] 25CA [Expired] 25D [Expired] 25E [Expired] 25F [Expired] Subdivision 3 [Expired] 25G [Expired] 25H [Expired] 25I [Repealed] 25J [Expired] 25K [Expired] Division 3 [Expired] 25L [Expired] 25M [Expired] 25N [Expired] 25O [Expired] 25P [Expired] 25Q [Expired] 25R [Expired] 25S [Expired] 25T [Expired] Division 4 [Expired] 25U [Expired] Part 5 [Repealed] 26 [Repealed] 27 [Repealed] 28 [Repealed] 29 [Repealed] 30 [Repealed] 31 [Repealed] 32 [Repealed] 33 [Repealed] 34 [Repealed] 36 [Repealed] 37 [Repealed] 38 [Repealed] 39 [Repealed] Part 6 Provisions relating to leases Division 1 General provisions for leases 40 [Expired] 40A Continuing 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. 40AA Rejection of application if applicant disqualified (1) The Minister must reject an application for a lease if the Minister decides the applicant is disqualified under the Common Provisions Act, chapter 7 from being granted the lease. (2) On rejection of the application, the Minister must give the applicant a notice about the decision. 40B Minister'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 included in the area of the lease; and (b) can not be a whole sub-block. (4) For subsection (3)(a), if the register— (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 in the register 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. 41 [Repealed] 42 [Repealed] 43 [Repealed] 44 Form etc. of lease (1) Every lease shall— (a) 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 (b) 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 (c) 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), the holder can not— (a) carry out GHG stream storage; or (b) inject a GHG stream into the Great Artesian Basin for the purpose of enhanced petroleum recovery. (3) In this section— enhanced petroleum recovery see the GHG storage Act, schedule 2. Great Artesian Basin see the GHG storage Act, schedule 2. 45 Entitlement 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) 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. 45A Continuing effect of lease for renewal application (1) This section applies if, before the application is decided, the term of the lease ends. (2) Despite the ending of the term, the lease continues in effect until the earliest of the following to happen— (a) a renewed term of the lease starts; (b) a refusal of the application takes effect; (c) the application is withdrawn; (d) the lease is cancelled under this Act. Note— For the lease being taken to have a development plan until a decision has been made on whether to approve a proposed development plan, see section 53D. (3) If the lease is renewed, subsection (2) is taken never to have applied for the period from the end of the term of the lease being renewed, as stated in that lease. 45B When renewed lease takes effect (1) This section applies if a lease is renewed. (2) If the application to renew the lease is decided before the end of the term of the lease being renewed as stated in that lease (the previous term), the term of the renewed lease is taken to start from the end of the previous term. (3) If the application to renew the lease is decided after the previous term, the term of the renewed lease starts immediately after the end of the previous term, but— (a) the conditions of the renewed lease do not start until the lease holder is given notice of the conditions; and (b) until the notice is given, the conditions of the lease being renewed apply to the renewed lease as if they were its conditions. 46 Annual 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. 46A Application 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. 47 Reservations, conditions and covenants of lease (1) Every lease is subject to 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 pay rates and charges payable to the local government in whose area the lease is situated; (e) 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; (f) 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; (g) a covenant by the lessee to comply with the provisions of this Act; (h) 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; (i) 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 or the Common Provisions Act; (j) 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) If an application for a lease has been granted, the applicant and the applicant's assigns are taken to have entered into the covenants and accepted the reservations and conditions mentioned in subsection (1). 48 Commencement 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. 49 Ascertainment 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. 50 [Repealed] 51 Use 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. 52 Surrender 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. 52A Application 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. 52B Continuing effect of particular authorities to prospect despite expiry on 1 November 2021 (1) This section applies to an authority to prospect if, before the end of 1 November 2021— (a) the holder of the authority to prospect applied under former section 40 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; and (b) the application had not been decided or withdrawn. (2) Despite the expiry— (a) former part 4 and former section 40 continue to apply to the authority to prospect; and (b) the Minister may grant the lease or leases under former section 40; and (c) the authority to prospect continues in force as mentioned in section 40A. (3) In this section— expiry means the expiry, on 1 November 2021, of— (a) former part 4 under former section 25U(1); and (b) all authorities to prospect still in force immediately before 1 November 2021 under former section 25U(2); and (c) former section 40 under former section 40(9). former, in relation to a provision, means the provision as in force immediately before its expiry. Division 2 Development plans Subdivision 1 Requirements for proposed later development plans 53 Operation of sdiv 1 This subdivision provides for requirements (the later development plan requirements) for a proposed later development plan for a lease. Notes— 1 For the granting of a lease to the holder of an authority to prospect, see section 40. 2 For the entitlement to a renewal of the lease, see section 45. 3 For the obligation to lodge a proposed later development plan, see section 74Q. 4 For the types of noncompliance action that may be taken, see section 80T. 53A General 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. 53B Plan 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. Subdivision 2 Approval of proposed later development plans 53C Application 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. 53D Lease 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. 53E Deciding 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 pro