Mineral and Energy Resources (Common Provisions) Act 2014 (Qld)

Mineral and Energy Resources (Common Provisions) Act 2014 An Act to provide for the first step in creating a simplified common framework for managing resource authorities in order to optimise development and use of Queensland's mineral and energy resources and to manage overlapping coal and petroleum resource authorities for coal seam gas Chapter 1 Preliminary Part 1 Introduction 1 Short title This Act may be cited as the Mineral and Energy Resources (Common Provisions) Act 2014. 2 Commencement This Act commences on a day to be fixed by proclamation. Part 2 Purposes and application of Act 3 Main purposes The main purposes of this Act are— (a) to consolidate particular provisions common to each of the Resource Acts; and (b) to provide for particular common processes that apply to resource authorities; and (c) to manage overlapping coal and petroleum resource authorities for coal seam gas; and (d) to provide for the disqualification of persons from grant or transfer of particular resource authorities; and (e) to assist in achieving the purposes of each of the Resource Acts. 4 How main purposes are achieved (1) The main purposes are achieved by providing for the following matters mainly in this Act, rather than in each of the Resource Acts— (a) dealings, caveats and associated agreements; (b) land access; (c) the new framework for overlapping coal and petroleum resource authorities for coal seam gas; (d) the disqualification from grant or transfer of particular resource authorities; (e) the resource authority register; (f) other miscellaneous matters. (2) It is the intention of Parliament that this Act lead towards the replacement of the Resource Acts with a simplified common framework that will apply to all resource authorities. 5 Act binds all persons (1) This Act binds all persons, including the State and as far as the legislative power of the Parliament permits, the Commonwealth and the other States. (2) Nothing in this Act makes the State, the Commonwealth or another State liable to be prosecuted for an offence against this Act. 6 Relationship with Resource Acts (1) This Act is to be read and construed with, and as if it formed part of, each Resource Act. (2) Without limiting subsection (1), the following principles apply— (a) this Act is not intended to exclude, limit or otherwise affect the operation of a Resource Act unless this Act otherwise expressly provides; (b) a reference to 'this Act' in a provision of a Resource Act relating to any of the following matters includes a reference to this Act— (i) the functions or powers of an authorised officer under a Resource Act, including, for example, the power to give a compliance direction; (ii) the functions or powers of a Minister under a Resource Act, including, for example, the power to take noncompliance action; (iii) proceedings for an offence against a provision of a Resource Act; (c) if the context permits, a reference to 'this Act' in a provision of a Resource Act, other than a provision mentioned in paragraph (b), includes a reference to this Act. (3) Without limiting subsection (2)(a), this Act is not intended to exclude, limit or otherwise affect the following unless this Act otherwise expressly provides— (a) the power under a Resource Act to grant a resource authority; (b) the carrying out of authorised activities for a resource authority; (c) the duties, obligations, requirements or restrictions imposed on a resource authority holder. (4) Despite subsections (2)(a) and (3), if this Act is inconsistent with a Resource Act, this Act prevails to the extent of the inconsistency. (5) Without limiting subsection (1), (2), (3) or (4)— (a) if a provision of this Act deals with a particular matter and a provision of a Resource Act deals with the same matter and it is impossible to comply with both provisions, a person must comply with the provision of this Act and is excused from complying with the provision of the Resource Act, to the extent that it can not be complied with; and (b) if a provision of this Act deals with a particular matter and a provision of a Resource Act deals with the same matter and it is possible to comply with both provisions, a person must comply with both provisions. 7 Reference to a Resource Act includes reference to this Act If the context permits, a reference in another Act or document to a Resource Act is taken to include a reference to this Act. Part 3 Interpretation Division 1 Dictionary 8 Definitions The dictionary in schedule 2 defines particular words used in this Act. Division 2 Key definitions 9 What is a Resource Act Each of the following is a Resource Act— (a) the Mineral Resources Act; (b) the P&G Act; (c) the 1923 Act; (d) the Geothermal Act; (e) the Greenhouse Gas Act. 10 What is a resource authority Each of the following is a resource authority— (a) any of the following under the Mineral Resources Act— • a prospecting permit; • a mining claim; • an exploration permit; • a mineral development licence; • a mining lease; • a water monitoring authority; (b) any of the following under the P&G Act— • an authority to prospect; • a petroleum lease; • a data acquisition authority; • a water monitoring authority; • a survey licence; • a pipeline licence; • a petroleum facility licence; (c) any of the following under the 1923 Act— • an authority to prospect; • a lease; • a water monitoring authority; (d) any of the following under the Geothermal Act— • a geothermal exploration permit; • a geothermal production lease; (e) any of the following under the Greenhouse Gas Act— • a GHG exploration permit; • a GHG injection and storage lease; • a GHG injection and storage data acquisition authority. 11 What is the authorised area The authorised area, for a resource authority, means the area to which the resource authority relates. 11A Graticulation of earth's surface into blocks and sub-blocks (1) A block is the land resulting from a notional division of the earth's surface, each block being bounded— (a) by 2 parallels of latitude 5 minutes apart, each parallel being a multiple of 5 minutes of latitude from the equator; and (b) by 2 meridians of longitude 5 minutes apart, each meridian being a multiple of 5 minutes of longitude from the prime meridian. (2) A sub-block is the land resulting from a notional division of a block into 25 areas, each sub-block being bounded by 2 parallels of latitude 1 minute apart and 2 meridians of longitude 1 minute of longitude apart. (3) For subsections (1) and (2), latitude and longitude are defined by reference to the Australian Geodetic Datum 1966. (4) Each block and sub-block must be identified in the way approved by the chief executive. (5) Nothing in this section prevents the chief executive from representing blocks and sub-blocks in a spatial database by reference to a datum other than the Australian Geodetic Datum 1966. (6) In this section— Australian Geodetic Datum 1966 means the reference frame with— (a) a reference spheroid with a major (equatorial) radius of 6,378,160m and a flattening of 100/29825; and (b) its origin at the Johnston Geodetic Station in the Northern Territory, taken to be at 133º12'30.0771" east longitude and 25º56'54.5515" south latitude and to have a ground level of 571.2m above the reference spheroid. Editor's note— The Australian Geodetic Datum 1966 was notified in the Commonwealth Gazette No. 84 on 6 October 1966 at page 4984. 12 Who is an owner of land and other things (1) An owner, of land, means each person as stated in schedule 1 for the land. (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 or another thing has more than 1 owner, a reference in this Act to the owner of the land or thing is a reference to each of its owners. 13 What is private land (1) Private land is— (a) freehold land; 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 under the Mineral Resources Act; (b) a petroleum authority under the P&G Act or 1923 Act petroleum tenure under the 1923 Act; (c) a geothermal tenure under the Geothermal Act; (d) a GHG authority under the Greenhouse Gas Act; (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. 14 What is public land (1) Public land is any 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 under the Mineral Resources Act; (ii) a petroleum authority under the P&G Act or 1923 Act petroleum tenure under the 1923 Act; (iii) a GHG authority under the Greenhouse Gas Act; (iv) a geothermal tenure under the Geothermal Act; (v) an occupation right under a permit under the Land Act 1994. (2) Public land includes a public road. 15 What is a public road A public road is an area of land that— (a) is open to or used by the public; and (b) is developed for or has as 1 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 15A What is an advanced activity An advanced activity, for a resource authority, is an authorised activity for the resource authority other than a preliminary activity for the resource authority. Examples— • levelling of drilling pads and digging sumps • earthworks associated with pipeline installation • bulk sampling • open trenching or costeaning with an excavator • 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 15B What is a preliminary activity (1) A preliminary activity, for a resource authority, is an authorised activity for the authority 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 authority • 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 (2) However, 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 that affects the lawful carrying out of an organic or bio-organic farming system. Chapter 2 Dealings, caveats and associated agreements Part 1 Dealings 16 What is a dealing A dealing, in relation to a resource authority, is— (a) any transaction or arrangement that causes the creation, variation, transfer or extinguishment of an interest in the resource authority; or (b) another transaction, arrangement or circumstance, prescribed by regulation, that affects the resource authority. 17 Prescribed dealings require approval of Minister and registration (1) A regulation may prescribe the dealings with a resource authority (each a prescribed dealing) that must be approved by the Minister under this part, and registered, to have effect. (2) A prescribed dealing has no effect unless, and until, it is approved by the Minister under this part and registered. 17A Notifiable dealings require notice to chief executive and registration (1) A regulation may prescribe the dealings with a resource authority (each a notifiable dealing) that must be notified to the chief executive under this part, and registered, to have effect. (2) A notifiable dealing has no effect unless, and until, it is notified to the chief executive under this part and registered. 18 Prohibited dealings have no effect (1) The following dealings with a resource authority are prohibited— (a) a dealing with a resource authority that transfers a divided part of the authorised area for the resource authority, unless the dealing is— (i) a sublease of a resource authority that is a lease; or (ii) a transfer of a sublease mentioned in subparagraph (i) or of a share in the sublease; (b) a dealing with a resource authority prescribed by regulation as prohibited. (2) A dealing with a resource authority prohibited under subsection (1) must not be registered under this part and has no effect. 19 Application for Minister's approval of prescribed dealing (1) The following entities may apply to the Minister for approval of a prescribed dealing— (a) the affected resource authority holder; (b) any other entity with the affected resource authority holder's consent. (2) Chapter 6, part 1 applies for processing the application, and the Minister must decide to either refuse to give the approval or give the approval with or without conditions. Note— See section 23 if the approval relates to a prescribed dealing for which an indicative approval has been given under that section. (3) If the Minister decides to give the approval, the chief executive must register the prescribed dealing as soon as possible after the approval is given. (4) To remove any doubt, it is declared that registration under subsection (3) is subject to sections 20 and 21. (5) In this section— affected resource authority holder means— (a) for a prescribed dealing affecting the whole of a resource authority—the holder of the resource authority; or (b) for a prescribed dealing affecting a share in a resource authority—the holder of the share. 19A Rejection of application if intended transferee disqualified (1) The Minister must reject an application for approval of a prescribed dealing that is a transfer of a resource authority or a share in a resource authority if the Minister decides the intended transferee of the resource authority or share is disqualified under section 196C from being transferred the resource authority or share. (2) However, subsection (1) does not apply to a transfer of a share in a resource authority if— (a) the share is being transferred to a person who already holds a share in the resource authority; and (b) the person transferring the share continues, after the transfer, to hold a share in the resource authority. 19B Notice to chief executive to register notifiable dealing (1) The ordinary rule is that the following entities may give notice to the chief executive of a notifiable dealing to enable its registration— (a) the affected resource authority holder; (b) any other entity with the affected resource authority holder's consent. (2) However, if a notifiable dealing is required to be executed because of the operation of a law, a regulation may change the ordinary rule by prescribing the following— (a) who may or must give notice to the chief executive; (b) the period within which the notice must be given. Example of dealing required to be executed because of the operation of a law— the transfer of an interest in a resource authority because of the death of the resource authority holder (3) The notice must be— (a) in the approved form; and (b) accompanied by the fee prescribed by regulation. (4) The chief executive must register the notifiable dealing as soon as possible after the notice is given. (5) Subsection (6) applies if the notifiable dealing is— (a) a transmission by death of a resource authority or a share in a resource authority; or (b) a transfer of a resource authority or a share in a resource authority by operation of law. (6) The chief executive may register the notifiable dealing only if the proposed transferee is— (a) an eligible person; and (b) for a resource authority other than a small scale mining tenure within the meaning of the Environmental Protection Act—a registered suitable operator under the Environmental Protection Act. (7) To remove any doubt, it is declared that registration under subsection (4) or (6) is subject to sections 20 and 21. (8) In this section— affected resource authority holder means— (a) for a notifiable dealing affecting the whole of a resource authority—the holder of the resource authority; or (b) for a notifiable dealing affecting a share in a resource authority—the holder of the share. 20 Unpaid royalties prevent registration of dealing (1) This section applies if a prescribed dealing or notifiable dealing is a transfer of a resource authority or a share in a resource authority. (2) However, this section does not apply to a transfer of a share in a resource authority if— (a) the share is being transferred to a person who already holds a share in the resource authority; and (b) the person transferring the share continues, after the transfer, to hold a share in the resource authority. (3) The prescribed dealing or notifiable dealing must not be registered, and can not take effect, under this part while any royalty payable by the holder of the resource authority remains unpaid. 21 Failure to pay contribution to scheme fund or give surety prevents registration of dealing (1) This section applies if— (a) the Minister approves a prescribed dealing, or the chief executive is given notice of a notifiable dealing, that is any of the following— (i) a changed holder event under the Mineral and Energy Resources (Financial Provisioning) Act 2018 for a resource authority that authorises the carrying out of a resource activity for an environmental authority; (ii) a transfer of a resource authority that authorises the carrying out of a resource activity for an environmental authority mentioned in the Mineral and Energy Resources (Financial Provisioning) Act 2018, section 53(d); (iii) a transfer of a small scale mining tenure mentioned in the Mineral and Energy Resources (Financial Provisioning) Act 2018, section 53(e); and (b) a contribution to the scheme fund is required to be paid, or a surety required to be given, for the environmental authority or small scale mining tenure, under the Mineral and Energy Resources (Financial Provisioning) Act 2018. (2) The prescribed dealing or notifiable dealing must not be registered unless the entity that will be the holder of the resource authority, or small scale mining tenure, on registration of the prescribed dealing or notifiable dealing has paid the contribution to the scheme fund, or given the surety, under the Mineral and Energy Resources (Financial Provisioning) Act 2018. 22 Security may be required (1) This section applies if a prescribed dealing is a transfer of a resource authority or of a share in a resource authority. (2) As a condition of deciding to give an approval under section 19, the Minister may require the proposed transferee to give the State security for the resource authority. (3) The provisions of the relevant Resource Act for giving security for the type of resource authority are taken to apply to the proposed transferee and the security as if the security were given under those provisions. Examples of the provisions of the relevant Resource Act— • For the Geothermal Act, see chapter 6, part 4. • For the Greenhouse Gas Act, see chapter 5, part 6. • For the Mineral Resources Act, see sections 83, 144, 190 and 277. • For the 1923 Act, see part 6G. • For the P&G Act, see chapter 5, part 1. 23 Indication of Minister's approval to register (1) This section applies for a proposed prescribed dealing. (2) The prescribed applicant for the proposed prescribed dealing may apply to the Minister for an indication of (an indicative approval)— (a) whether the Minister is likely to approve the proposed prescribed dealing; and (b) what, if any, conditions are likely to be imposed by the Minister. (3) Chapter 6, part 1 applies for processing the application, and the Minister must decide to either refuse to give the indicative approval or give the indicative approval with or without conditions. (4) Subsection (5) applies if— (a) the indicative approval indicates the Minister will approve the proposed prescribed dealing; and (b) within the prescribed period, the prescribed applicant applies to the Minister under section 19 for approval of the proposed prescribed dealing. (5) The Minister must grant the approval in accordance with the indicative approval unless— (a) the proposed prescribed dealing is a transfer of the resource authority, or a share in the resource authority, and the proposed transferee is not eligible to be a resource authority holder under this Act or the relevant Resource Act; or (b) the application for the indicative approval contained incorrect material information or omitted material information and, had the Minister been aware of the discrepancy, the Minister would not have given the indicative approval; or (c) preconditions for the indicative approval have not been complied with. (6) To remove any doubt, it is declared that granting of the approval is subject to sections 20, 21 and 22. (7) In this section— preconditions, for an indicative approval, means conditions imposed on the approval under this section that must be complied with before a related application is made for approval under section 19. prescribed applicant, for a proposed prescribed dealing, means the entity that may, under section 19(1), apply for approval of the dealing. 23A Effect of registration and Minister's approval The registration of a prescribed dealing or notifiable dealing under this part, or an approval of the Minister under section 19, allows the dealing to have effect according to its terms but does not of itself give the dealing any more effect or validity than it would otherwise have. Part 2 Caveats 24 Definition for part In this part— affected resource authority, for a caveat, means the resource authority over which the caveat is lodged. 25 Lodging of caveat (1) A person claiming an interest in a resource authority may lodge a caveat over the resource authority if the caveat— (a) complies with the prescribed requirements for it; and (b) is not a prohibited caveat; and (c) is accompanied by the fee prescribed by regulation. (2) On receipt of the caveat, the chief executive must— (a) record its existence in the register; and (b) notify each holder of the affected resource authority of the receipt of the caveat; and (c) notify all other persons who have a registered interest in the resource authority, and any subsisting prior caveator, of the receipt of the caveat. (3) A caveat has no effect for this Act if— (a) it does not comply with the prescribed requirements for it; or (b) it is a prohibited caveat. (4) In this section— prohibited caveat means a caveat of a type, prescribed by regulation, that can not be lodged. registered interest, in a resource authority, means an interest in the resource authority recorded in the register. 26 Effect of lodging caveat (1) Until a caveat lapses, is withdrawn or is removed, the caveat prevents registration of a dealing in relation to the affected resource authority from the date and time endorsed by the chief executive on the caveat as the caveat's date and time of lodgement. (2) However— (a) lodgement of a caveat does not prevent registration of an instrument of a type prescribed by regulation; and (b) if a caveat is lodged over only a share in a resource authority, lodgement of the caveat does not prevent registration of a dealing in relation to the other shares in the resource authority. (3) A caveat does not create an interest in the affected resource authority. 27 Lapsing of caveat (1) A caveat lapses— (a) for a caveat for which there was consent—at the expiration of the term, if any, stated in the caveat; or (b) for a caveat for which there was no consent— (i) if an order of the Land Court is in force in relation to the caveat—at the expiration of the order; or (ii) otherwise—at the expiration of 3 months after the date of lodgement of the caveat or a shorter term stated in the caveat. (2) If there was consent to a caveat and the caveat does not state a term for which it continues, the caveat continues until it is withdrawn or removed. (3) There is consent to a caveat only if each holder of the affected resource authority has consented to the lodgement of the caveat and the consent is lodged together with the caveat. 28 Withdrawal or removal of caveat (1) The caveator for a caveat may withdraw the caveat by notifying the chief executive in writing. (2) Either of the following persons may apply to the Land Court for an order that a caveat be removed— (a) a person who has a right or interest (present or prospective) in the affected resource authority; (b) a person whose right (present or prospective) to deal with the affected resource authority is affected by the caveat. Note— See the Land Court Rules 2000 for how to make an application to the Land Court. (3) The Land Court may make the order— (a) whether or not the caveator has been served with the application; and (b) on the terms it considers appropriate. 29 Recording of lapsing, withdrawal or removal of caveat As soon as practicable after a caveat lapses, is withdrawn or is ordered to be removed, the chief executive must record the lapse, withdrawal or removal in the register. 30 Further caveat not available to same person (1) This section applies if a caveat (the original caveat) is lodged over an interest in an affected resource authority. (2) A further caveat with the same caveator can not be lodged over the interest on the same, or substantially the same, grounds as those stated in the original caveat unless— (a) the consent of each holder of the affected resource authority is lodged with the caveat; or (b) leave of a court of competent jurisdiction to lodge the further caveat is granted. 31 Compensation for lodging caveat without reasonable cause The caveator for a caveat lodged over a resource authority without reasonable cause is liable to compensate anyone else who suffers loss or damage because of the caveat. Part 3 Associated agreements 32 What is an associated agreement (1) An associated agreement, for a resource authority, means an agreement relating to the resource authority. (2) However, neither of the following agreements is an associated agreement— (a) a prescribed dealing; (b) a notifiable dealing; (c) another agreement prescribed by regulation. 33 Recording associated agreements (1) The holder of a resource authority to which an associated agreement relates may apply to the chief executive to have the agreement recorded in the register against the resource authority. (2) The application may include the date on which the associated agreement expires and it is to be removed from the register. (3) Chapter 6, part 1 applies for processing the application. (4) After lodgement of a valid application, the chief executive must record the associated agreement in the register against the resource authority to which the agreement relates. (5) The chief executive is not required to examine, or to determine the validity of, an associated agreement. 34 Effect of recording associated agreements The recording of an associated agreement in the register does not of itself— (a) give the agreement any more effect or validity than it would otherwise have; or (b) create an interest in the resource authority against which it is recorded. 35 Removing associated agreements from register (1) The holder of a resource authority to which an associated agreement relates may apply to the chief executive to have the agreement removed from the register. (2) Chapter 6, part 1 applies for processing the application. (3) After lodgement of a valid application, the chief executive must remove the associated agreement from the register. Chapter 3 Land access Part 1 Land access codes 36 Making of land access codes A regulation may make 1 or more codes for all Resource Acts (each a land access code) that— (a) states best practice guidelines for communication between the holders of resource authorities and owners and occupiers of land, public land authorities and public road authorities; and (b) imposes on resource authorities mandatory conditions concerning the conduct of authorised activities on land. Part 2 Private land Division 1 Application of part 37 Application of part This part does not apply in relation to the following resource authorities under the Mineral Resources Act— (a) a prospecting permit; (b) a mining claim; (c) a mining lease. Division 2 Entry for authorised activities and access requires entry notice 38 Application of division This division applies to an entry to private land for the purpose of— (a) carrying out an authorised activity for a resource authority; or (b) crossing access land for the resource authority; or (c) gaining entry to access land for the resource authority. 39 Obligation to give entry notice to owners and occupiers (1) A person must not enter private land for a purpose mentioned in section 38 unless the resource authority holder has given each owner and occupier of the land an entry notice about the entry.