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This is a Bill, not an Act. For current law, see the Acts databases.

LANDHOLDERS' RIGHT TO REFUSE (COAL SEAM GAS) BILL 2011

2010-2011
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Landholders' Right to Refuse (Coal
Seam Gas) Bill 2011
No. , 2011
(Senator Waters)
A Bill for an Act to provide Australian landholders
the right to refuse the undertaking of coal seam gas
mining activities on their land without prior written
authorisation, and for related purposes
i Landholders' Right to Refuse (Coal Seam Gas) Bill 2011 No. , 2011
Contents
Part 1--Preliminary
1
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
2
3 Definitions
.........................................................................................
2
4 Meaning
of
ownership interest in food producing land ..................... 2
5
Act binds the Crown .......................................................................... 3
6
Extension to external Territories ........................................................ 3
7
Relationship to State and Territory laws ............................................ 3
Part 2--Coal seam gas mining on food producing land without
prior written authorisation is unlawful
4
8
Application of this Part ...................................................................... 4
9
Coal seam gas mining on food producing land without prior
written authorisation is unlawful ....................................................... 4
10
Action for coal seam gas mining on food producing land
without prior written authorisation .................................................... 5
Part 3--Prior written authorisations for coal seam gas mining
on food producing land
6
11
Obtaining prior written authorisation ................................................. 6
Part 4--Remedies
8
12
Remedies in actions for coal seam gas mining on food
producing land without prior written authorisation ........................... 8
Part 5--Other matters
9
13
Application of this Act to joint ventures and partnerships ................. 9
14 Regulations
........................................................................................
9
Landholders' Right to Refuse (Coal Seam Gas) Bill 2011 No. , 2011 1
A Bill for an Act to provide Australian landholders
1
the right to refuse the undertaking of coal seam gas
2
mining activities on their land without prior written
3
authorisation, and for related purposes
4
The Parliament of Australia enacts:
5
Part 1--Preliminary
6
7
1 Short title
8
This Act may be cited as the Landholders' Right to Refuse (Coal
9
Seam Gas) Act 2011.
10
Part 1 Preliminary
Section 2
2 Landholders' Right to Refuse (Coal Seam Gas) Bill 2011 No. , 2011
2 Commencement
1
This Act commences on the day after this Act receives the Royal
2
Assent.
3
3 Definitions
4
In this Act:
5
coal seam gas mining activity means any activity undertaken for
6
the purpose of exploration for or production of coal seam gas.
7
constitutional corporation means a corporation to which
8
paragraph 51(xx) of the Constitution applies.
9
court means the Federal Court of Australia.
10
food producing land means land that has produced food at any
11
time in the previous 10 years from the day the first coal gas seam
12
mining activity has been, or is proposed to be, undertaken on the
13
land.
14
land includes:
15
(a) land within the beds and banks of streams, watercourses and
16
inundated land; and
17
(b) waters in, upon and above land; and
18
(c)
subterranean
land.
19
ownership interest in food producing land: see section 4.
20
prior written authorisation means an authorisation given under
21
section 11 that has not expired.
22
4 Meaning of ownership interest in food producing land
23
(1) A person has an ownership interest in food producing land if the
24
person has a legal or equitable interest in it or a right to occupy it.
25
(2) Despite subsection (1), a person does not have an ownership
26
interest in food producing land if the interest or right in the land
27
arises as a result of a right granted under a law of the
28
Preliminary Part 1
Section 5
Landholders' Right to Refuse (Coal Seam Gas) Bill 2011 No. , 2011 3
Commonwealth, a State or a Territory to engage in coal seam gas
1
mining activities.
2
5 Act binds the Crown
3
This Act binds the Crown in each of its capacities.
4
6 Extension to external Territories
5
This Act extends to every external Territory.
6
7 Relationship to State and Territory laws
7
This Act is not intended to exclude or limit the operation of any
8
law of a State or Territory, to the extent that that law is capable of
9
operating concurrently with this Act.
10
Part 2 Coal seam gas mining on food producing land without prior written
authorisation is unlawful
Section 8
4 Landholders' Right to Refuse (Coal Seam Gas) Bill 2011 No. , 2011
Part 2--Coal seam gas mining on food producing
1
land without prior written authorisation is
2
unlawful
3
4
8 Application of this Part
5
(1) This Part applies in relation to any coal seam gas mining activity
6
engaged in by a constitutional corporation on, or in relation to,
7
food producing land on or after the day this section commences.
8
(2) Despite subsection (1), this Part does not apply in relation to a coal
9
seam gas mining activity engaged in by a constitutional
10
corporation on, or in relation to, particular food producing land
11
after the day this section commences if:
12
(a) the activity is for the purpose of exploring for coal seam gas;
13
and
14
(b) the constitutional corporation commenced exploring for coal
15
seam gas on, or in relation to, the land before the day this
16
section commences.
17
(3) Despite subsection (1), this Part does not apply in relation to a coal
18
seam gas mining activity engaged in by a constitutional
19
corporation on, or in relation to, particular food producing land
20
after the day this section commences if:
21
(a) the activity is for the purpose of producing coal seam gas;
22
and
23
(b) the constitutional corporation commenced producing coal
24
seam gas on, or in relation to, the land before the day this
25
section commences.
26
9 Coal seam gas mining on food producing land without prior
27
written authorisation is unlawful
28
(1) A constitutional corporation commits an offence if:
29
(a) the corporation either:
30
Coal seam gas mining on food producing land without prior written authorisation is
unlawful Part 2
Section 10
Landholders' Right to Refuse (Coal Seam Gas) Bill 2011 No. , 2011 5
(i) enters, or remains on, food producing land for the
1
purposes of engaging in a coal seam gas mining
2
activity; or
3
(ii) engages in a coal seam gas mining activity on, or in
4
relation to, food producing land; and
5
(b) the corporation is not the owner of the food producing land.
6
Penalty: 5,000 penalty units
7
(2) A constitutional corporation that contravenes subsection (1)
8
commits a separate offence in relation to each day (including a day
9
of conviction for the offence or any later day) during which the
10
contravention continues.
11
(3) Subsection (1) does not apply if the corporation has a prior written
12
authorisation from each person with an ownership interest in the
13
food producing land to engage in the coal seam gas mining activity
14
on, or in relation to, the food producing land.
15
Note:
A defendant bears an evidential burden in relation to the matter in
16
subsection (3): see subsection 13.3(3) of the Criminal Code.
17
10 Action for coal seam gas mining on food producing land without
18
prior written authorisation
19
(1) A person (an owner) with an ownership interest in food producing
20
land may bring an action against another person if:
21
(a) the other person is a constitutional corporation; and
22
(b) the other person either:
23
(i) enters, or remains on, the food producing land for the
24
purpose of engaging in a coal seam gas mining activity;
25
or
26
(ii) engages in a coal seam gas mining activity on, or in
27
relation to, the food producing land; and
28
(c) the other person does not have a prior written authorisation
29
from the owner to engage in the coal seam gas mining
30
activity on, or in relation to, the food producing land.
31
(2) An action under subsection (1) may be commenced by the owner at
32
any time within 6 years after the day on which the cause of action
33
accrued.
34
Part 3 Prior written authorisations for coal seam gas mining on food producing land
Section 11
6 Landholders' Right to Refuse (Coal Seam Gas) Bill 2011 No. , 2011
Part 3--Prior written authorisations for coal seam
1
gas mining on food producing land
2
3
11 Obtaining prior written authorisation
4
(1) A constitutional corporation wishing to enter, or remain on, food
5
producing land to engage in a coal seam gas mining activity may
6
apply to a person with an ownership interest in the food producing
7
land for an authorisation (a prior written authorisation) to engage
8
in that activity on that land.
9
Note:
If more than one person has an ownership interest in the food
10
producing land, the constitutional corporation must obtain a prior
11
written authorisation from each of them to avoid an action under
12
section 10.
13
(2) A prior written authorisation must contain the following
14
information:
15
(a) the names and details of the parties to the authorisation;
16
(b) the food producing land to which the authorisation relates;
17
(c) the coal seam gas mining activity proposed to be undertaken
18
by the constitutional corporation in relation to the land;
19
(d) when and where the activity is proposed to be engaged in;
20
(e) an independent assessment of the current and future risks
21
associated with the proposed coal seam gas mining activity
22
on, or affecting, the food producing land and any associated
23
groundwater systems ; and
24
(f) the date the authorisation has effect and its expiry date;
25
(g) any other information prescribed by the regulations (if any).
26
(3) A prior written authorisation is invalid unless:
27
(a) the authorisation contains the information required by
28
subsection (2); and
29
(b) the authorisation is in writing; and
30
(c) the person with the ownership interest in the food producing
31
land (the owner) has been advised, in writing, by the
32
constitutional corporation that is a party to the authorisation,
33
that the owner:
34
Prior written authorisations for coal seam gas mining on food producing land Part 3
Section 11
Landholders' Right to Refuse (Coal Seam Gas) Bill 2011 No. , 2011 7
(i) may refuse to sign the authorisation; and
1
(ii) should seek independent advice about the authorisation
2
before signing it; and
3
(d) the authorisation is signed and dated by the owner.
4
Part 4 Remedies
Section 12
8 Landholders' Right to Refuse (Coal Seam Gas) Bill 2011 No. , 2011
Part 4--Remedies
1
2
12 Remedies in actions for coal seam gas mining on food producing
3
land without prior written authorisation
4
(1) Without limiting the relief that a court may grant to a person (the
5
plaintiff) in an action under section 10 (coal seam gas mining
6
without a prior written authorisation), the relief may include an
7
injunction (including an interim injunction).
8
(2) The court must order that all costs incurred by a person
9
commencing an action under this Act are to be paid by the
10
defendant to the action unless the court considers that:
11
(a) the person instituted the action vexatiously or without
12
reasonable cause; or
13
(b) it would be unreasonable, in all the circumstances, to do so.
14
(3) The court may discharge or vary an injunction or other order made
15
under this section.
16
Other matters Part 5
Section 13
Landholders' Right to Refuse (Coal Seam Gas) Bill 2011 No. , 2011 9
Part 5--Other matters
1
2
13 Application of this Act to joint ventures and partnerships
3
(1) This section sets out the way this Act applies to a partnership or
4
joint venture (an entity) that consists of 2 or more constitutional
5
corporations. Those corporations are referred to in this section as
6
the participants.
7
(2) If this Act requires or permits something to be done by a
8
constitutional corporation, the thing may be done by one or more
9
of the participants on behalf of the entity.
10
(3) If a provision of this Act refers to a constitutional corporation
11
bearing any costs, the provision applies as if the provision referred
12
to any of the participants bearing any costs.
13
(4) If a provision of this Act refers to a constitutional corporation
14
doing something, the provision applies as if the provision referred
15
to one or more of the participants doing that thing on behalf of the
16
entity.
17
(5) If a provision of this Act requires a constitutional corporation to do
18
something, or prohibits a constitutional corporation doing
19
something, the provision applies as if the reference to the
20
constitutional corporation were a reference to each participant.
21
14 Regulations
22
The Governor-General may make regulations prescribing matters:
23
(a) required or permitted by this Act to be prescribed; or
24
(b) necessary or convenient to be prescribed for carrying out or
25
giving effect to this Act.
26

 

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