Queensland Bills Queensland Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Mines Legislation
(Streamlining) Amendment
Bill 2012
Queensland
Mines Legislation (Streamlining)
Amendment Bill 2012
Contents
Page
Chapter 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Chapter 2 Amendments commencing on assent
Part 1 Amendment of Acquisition of Land Act 1967
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
4 Amendment of s 5 (Purposes for which land may be taken) . . . . 26
5 Amendment of s 7 (Notice of intention to take land). . . . . . . . . . . 27
6 Amendment of s 12 (Effect of gazette resumption notice) . . . . . . 27
7 Amendment of s 20 (Assessment of compensation) . . . . . . . . . . 28
Part 2 Amendment of Geothermal Energy Act 2010
8 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
9 Insertion of new s 8A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
8A Declaration for Commonwealth Act . . . . . . . . . . . . . . 29
10 Amendment of s 22 (What is an authorised activity for a
geothermal tenure) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
11 Amendment of s 30 (Operation of pt 1) . . . . . . . . . . . . . . . . . . . . 29
12 Amendment of s 39 (Deciding whether to grant geothermal
permit) ........................................ 30
13 Amendment of s 74 (Operation of pt 1) . . . . . . . . . . . . . . . . . . . . 30
14 Amendment of s 77 (Who may apply) . . . . . . . . . . . . . . . . . . . . . 30
15 Amendment of s 80 (Deciding whether to grant geothermal
lease) ........................................ 30
16 Amendment of s 184 (Area of geothermal tenure) . . . . . . . . . . . . 31
17 Amendment of s 185 (References to blocks of geothermal
tenure) ....................................... 31
18 Amendment of s 272 (Geothermal register) . . . . . . . . . . . . . . . . . 31
Mines Legislation (Streamlining) Amendment Bill 2012
Contents
19 Amendment of s 290 (General conditions for renewal application) 31
20 Amendment of s 294 (Deciding application). . . . . . . . . . . . . . . . . 32
21 Insertion of new ss 350A-350D . . . . . . . . . . . . . . . . . . . . . . . . . . 32
350A Extinguishing geothermal interests on the taking of
land in a geothermal tenure's area (other than by an
easement) ............................ 32
350B Effect of extinguishment of geothermal interests on
the taking of land in a geothermal tenure's area
(other than by an easement) . . . . . . . . . . . . . . . . . . . 34
350C Applications relating to land taken under a
resumption law for which geothermal interests
were extinguished. . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
350D Compensation for effect of taking of land in a
geothermal tenure's area on geothermal interests. . . 37
22 Amendment of ch 9, pt 2, hdg (Transitional provisions) . . . . . . . . 37
23 Insertion of new ch 9, pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Part 3 Transitional provisions for Mines Legislation
(Streamlining) Amendment Act 2012
Division 1 Preliminary
404 Definitions for pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Division 2 Transitional provisions for amendments in
amending Act commencing on assent
405 Land in a geothermal tenure's area taken before the
commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
406 Land in a geothermal tenure's area for which notice of
intention to resume given before the commencement 39
24 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 40
Part 3 Amendment of Greenhouse Gas Storage Act 2009
25 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
26 Amendment of s 22 (What is an authorised activity for a GHG
authority) ......................................... 42
27 Amendment of s 29 (Operation of pt 1) . . . . . . . . . . . . . . . . . . . . 42
28 Amendment of s 40 (Deciding whether to grant GHG permit) . . . 43
29 Amendment of s 44 (Area of GHG permit) . . . . . . . . . . . . . . . . . . 43
30 Amendment of s 45 (References to sub-blocks of GHG permit) . 43
31 Amendment of s 96 (Deciding application). . . . . . . . . . . . . . . . . . 43
32 Amendment of s 97 (Provisions and term of renewed GHG
permit) ........................................ 44
33 Amendment of s 109 (Operation of pt 1) . . . . . . . . . . . . . . . . . . . 44
34 Amendment of s 113 (Who may apply) . . . . . . . . . . . . . . . . . . . . 44
Page 2
Mines Legislation (Streamlining) Amendment Bill 2012
Contents
35 Amendment of s 117 (Deciding whether to grant GHG lease) . . . 44
36 Amendment of s 130 (Deciding whether to grant GHG lease) . . . 45
37 Amendment of s 135 (Area of GHG lease) . . . . . . . . . . . . . . . . . 45
38 Amendment of s 136 (References to sub-blocks of GHG lease) . 45
39 Amendment of s 235 (Deciding application). . . . . . . . . . . . . . . . . 45
40 Amendment of s 238 (Key authorised activities) . . . . . . . . . . . . . 45
41 Amendment of s 339 (GHG register) . . . . . . . . . . . . . . . . . . . . . . 46
42 Insertion of new ss 369A-369D . . . . . . . . . . . . . . . . . . . . . . . . . . 46
369A Extinguishing GHG interests on the taking of land in
a GHG authority's area (other than by an easement). 46
369B Effect of extinguishment of GHG interests on the
taking of land in a GHG authority's area (other than
by taking an easement) . . . . . . . . . . . . . . . . . . . . . . . 48
369C Applications relating to land taken under a resumption
law for which GHG interests were extinguished . . . . . 49
369D Compensation for effect of taking of land in a GHG
authority's area on GHG interests . . . . . . . . . . . . . . . 51
43 Insertion of new ch 8, pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
Part 3 Transitional provisions for Mines Legislation
(Streamlining) Amendment Act 2012
Division 1 Preliminary
441 Definitions for pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
Division 2 Transitional provisions for amendments in
amending Act commencing on assent
442 Land in a GHG authority's area taken before the
commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
443 Land in a GHG authority's area for which notice of
intention to resume given before the commencement 53
44 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 53
Part 4 Amendment of Land Act 1994
45 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
46 Amendment of s 230 (Effect of resumption of possession) . . . . . 55
Part 5 Amendment of Mineral Resources Act 1989
47 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
48 Insertion of new ss 10AAA-10AAD . . . . . . . . . . . . . . . . . . . . . . . 56
10AAA Extinguishing mining tenement interests on the taking
of land in a mining tenement's area (other than by an
easement) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
Page 3
Mines Legislation (Streamlining) Amendment Bill 2012
Contents
10AAB Effect of extinguishment of mining tenement interests
on the taking of land in a mining tenement's area
(other than by an easement) . . . . . . . . . . . . . . . . . . . 59
10AAC Applications relating to land taken under a resumption
law for which mining tenement interests were
extinguished ............................. 60
10AAD Compensation for effect of taking of land in a mining
tenement's area on mining tenement interests. . . . . . 61
49 Amendment of s 24 (Grant of prospecting permit) . . . . . . . . . . . . 62
50 Amendment of s 48 (Land subject to mining claim) . . . . . . . . . . . 62
51 Amendment of s 74 (Grant of mining claim to which no objection
is lodged) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
52 Amendment of s 80 (Grant of mining claim at instruction of Land
Court or with consent of Governor in Council) . . . . . . . . . . . . . . . 63
53 Amendment of s 93 (Renewal of mining claim) . . . . . . . . . . . . . . 63
54 Amendment of s 137 (Grant of exploration permit) . . . . . . . . . . . 63
55 Amendment of s 139 (Periodic reduction in land covered by
exploration permit) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
56 Amendment of s 140 (Voluntary reduction in land covered by
exploration permit) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
57 Amendment of s 186 (Minister may grant or refuse application) . 64
58 Amendment of s 197A (Decision on application) . . . . . . . . . . . . . 64
59 Amendment of s 232 (Land subject to mining lease) . . . . . . . . . . 64
60 Amendment of s 271 (Minister to consider application for grant of
mining lease) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
61 Amendment of s 286A (Decision on application) . . . . . . . . . . . . . 65
62 Amendment of s 387 (Registers to be maintained) . . . . . . . . . . . 65
63 Insertion of new pt 19, div 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
Division 16 Transitional provisions for Mines Legislation
(Streamlining) Amendment Act 2012--
amendments commencing on assent
788 Definitions for div 16 . . . . . . . . . . . . . . . . . . . . . . . . . . 66
789 Particular land in a mining tenement's area taken
before the commencement. . . . . . . . . . . . . . . . . . . . . 66
790 Land in a mining tenement's area for which notice of
intention to resume given before the commencement 67
64 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 68
Part 6 Amendment of Petroleum Act 1923
65 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
66 Amendment of s 2 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 70
Page 4
Mines Legislation (Streamlining) Amendment Bill 2012
Contents
67 Amendment of s 18 (Authority to prospect) . . . . . . . . . . . . . . . . . 73
68 Amendment of s 20 (Area of authority to prospect reduced on
grant of lease) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
69 Amendment of s 40 (Lease to holder of authority to prospect) . . 73
70 Amendment of s 44 (Form etc. of lease) . . . . . . . . . . . . . . . . . . . 73
71 Amendment of s 75D (General restriction on carrying out
authorised activities). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
72 Amendment of s 80A (Petroleum register) . . . . . . . . . . . . . . . . . . 74
73 Insertion of new ss 124A-124C . . . . . . . . . . . . . . . . . . . . . . . . . . 74
124A Extinguishing 1923 Act petroleum interests on the
taking of land in a 1923 Act petroleum tenure's area
(other than by an easement) . . . . . . . . . . . . . . . . . . . 74
124B Effect of extinguishment of 1923 Act petroleum
interests on the taking of land in a 1923 Act
petroleum tenure's area (other than by an easement) 77
124C Compensation for effect of taking of land in a 1923
Act petroleum tenure's area on 1923 Act petroleum
interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
74 Insertion of new pt 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
Part 14 Transitional provisions for Mines Legislation
(Streamlining) Amendment Act 2012
Division 1 Preliminary
190 Definitions for pt 14. . . . . . . . . . . . . . . . . . . . . . . . . . . 78
Division 2 Transitional provisions for amendments in
amending Act commencing on assent
191 Land in a 1923 Act petroleum tenure's area taken
before the commencement. . . . . . . . . . . . . . . . . . . . . 79
192 Land in a 1923 Act petroleum tenure's area for which
notice of intention to resume given before the
commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
Part 7 Amendment of Petroleum and Gas (Production and Safety)
Act 2004
75 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
76 Insertion of new s 15A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
15A What is produced water . . . . . . . . . . . . . . . . . . . . . . . 81
77 Amendment of s 16 (What is a pipeline) . . . . . . . . . . . . . . . . . . . 81
78 Amendment of s 22 (What is an authorised activity) . . . . . . . . . . 82
79 Insertion of new ss 30AA-30AD. . . . . . . . . . . . . . . . . . . . . . . . . . 82
30AA Extinguishing petroleum interests on the taking of
land in a petroleum authority's area (other than by an
easement) ............................... 82
Page 5
Mines Legislation (Streamlining) Amendment Bill 2012
Contents
30AB Effect of extinguishment of petroleum interests on the
taking of land in a petroleum authority's area (other
than by an easement). . . . . . . . . . . . . . . . . . . . . . . . . 84
30AC Applications relating to land taken under a resumption
law for which petroleum interests were extinguished . 85
30AD Compensation for effect of taking of land in a
petroleum authority's area on petroleum interests . . . 87
80 Amendment of s 31 (Operation of div 1) . . . . . . . . . . . . . . . . . . . 87
81 Amendment of s 33 (Incidental activities). . . . . . . . . . . . . . . . . . . 87
82 Amendment of s 41 (Deciding whether to grant authority to
prospect) ........................................ 88
83 Amendment of s 84 (Deciding application). . . . . . . . . . . . . . . . . . 88
84 Amendment of s 85 (Provisions and term of renewed authority) . 88
85 Amendment of s 98 (Area of authority to prospect) . . . . . . . . . . . 88
86 Amendment of s 108 (Operation of sdiv 1). . . . . . . . . . . . . . . . . . 89
87 Replacement of s 110 (Petroleum pipeline and water pipeline
construction and operation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
110 Construction and operation of petroleum pipelines . . 89
88 Insertion of new s 111A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
111A Processing produced water . . . . . . . . . . . . . . . . . . . . 90
89 Amendment of s 112 (Incidental activities). . . . . . . . . . . . . . . . . . 90
90 Amendment of s 117 (Who may apply) . . . . . . . . . . . . . . . . . . . . 91
91 Amendment of s 120 (Right to grant if requirements for grant met) 91
92 Amendment of s 132 (Deciding whether to grant petroleum lease) 91
93 Amendment of s 164 (Deciding application). . . . . . . . . . . . . . . . . 91
94 Amendment of s 165 (Provisions and term of renewed lease). . . 92
95 Amendment of s 168 (Area of petroleum lease). . . . . . . . . . . . . . 92
96 Amendment of s 178 (Deciding application for data acquisition
authority) ......................................... 92
97 Amendment of s 180 (Key authorised activities) . . . . . . . . . . . . . 92
98 Amendment of s 192 (Deciding application for water monitoring
authority) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
99 Amendment of s 193 (Operation of div 2) . . . . . . . . . . . . . . . . . . 93
100 Amendment of s 394 (Surveying activities) . . . . . . . . . . . . . . . . . 93
101 Amendment of s 396 (Deciding application). . . . . . . . . . . . . . . . . 93
102 Amendment of s 398 (Operation of div 1) . . . . . . . . . . . . . . . . . . 94
103 Insertion of new s 399A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
399A Written permission binds owner's successors and
assigns .............................. 94
Page 6
Mines Legislation (Streamlining) Amendment Bill 2012
Contents
104 Amendment of s 401 (Construction and operation of pipeline) . . 95
105 Amendment of s 410 (Deciding whether to grant licence) . . . . . . 95
106 Amendment of s 419A (Notice to chief inspector before
construction starts). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
107 Amendment of s 422 (Obligations in operating pipeline) . . . . . . . 95
108 Insertion of new s 422A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
422A Obligation to hold relevant environmental authority
and water licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
109 Insertion of new s 437A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
437A Creation of easement by registration . . . . . . . . . . . . . 96
110 Amendment of s 438 (Operation of div 1) . . . . . . . . . . . . . . . . . . 97
111 Amendment of s 446 (Deciding whether to grant licence) . . . . . . 97
112 Amendment of s 482 (Deciding application). . . . . . . . . . . . . . . . . 98
113 Amendment of s 564 (Petroleum register) . . . . . . . . . . . . . . . . . . 98
114 Amendment of s 670 (What is an operating plant) . . . . . . . . . . . . 98
115 Amendment of s 672 (What is a stage of an operating plant) . . . 98
116 Amendment of s 802 (Restriction on pipeline construction or
operation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
117 Amendment of s 809 (Unlawful taking of petroleum or fuel gas
prohibited) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
118 Amendment of s 889 (Other applications made before
introduction of Petroleum and Other Legislation Amendment
Bill 2004) ......................................... 99
119 Amendment of s 910 (Renewal application provisions apply for
making and deciding grant application) . . . . . . . . . . . . . . . . . . . . 99
120 Amendment of s 912 (Restrictions on term and renewed terms) . 99
121 Insertion of new ch 15, pt 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
Part 13 Transitional provisions for Mines Legislation
(Streamlining) Amendment Act 2012
Division 1 Preliminary
957 Definitions for pt 13. . . . . . . . . . . . . . . . . . . . . . . . . . . 100
Division 2 Transitional provisions for amendments in
amending Act commencing on assent
958 Land in a petroleum authority's area taken before the
commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
959 Land in a petroleum authority's area for which notice of
intention to resume given before the commencement 101
960 Existing water pipeline for petroleum lease . . . . . . . . 102
961 Existing written permission to enter land to construct
and operate pipeline . . . . . . . . . . . . . . . . . . . . . . . . . . 102
Page 7
Mines Legislation (Streamlining) Amendment Bill 2012
Contents
962 Authority to prospect taken to be properly granted. . . 103
963 Grant applications . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
122 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 103
Part 8 Amendment of Work Health and Safety Act 2011
123 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
124 Amendment of sch 1 (Application of Act) . . . . . . . . . . . . . . . . . . . 106
Part 9 Amendment of other Acts
125 Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
Chapter 3 Amendments commencing by proclamation other than
amendments for the restructure of the Mineral Resources
Act 1989
Part 1 Amendment of Environmental Protection Act 1994
126 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
127 Insertion of new s 309A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
309A Particular requirement for annual return for existing
petroleum tenure under P&G Act . . . . . . . . . . . . . . . . 109
Part 2 Amendment of Geothermal Energy Act 2010
128 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
129 Amendment of s 35 (Who may apply) . . . . . . . . . . . . . . . . . . . . . 110
130 Amendment of s 39 (Deciding whether to grant geothermal
permit) .................................... 111
131 Amendment of s 190 (Relinquishment report for partial
relinquishment) ............................ 111
132 Replacement of ch 6, pt 11 (Dealings) . . . . . . . . . . . . . . . . . . . . . 112
Part 11 Dealings
Division 1 Preliminary
277 Definitions for pt 11. . . . . . . . . . . . . . . . . . . . . . . . . . . 112
278 What is a dealing with a geothermal tenure . . . . . . . 112
279 Prohibited dealings. . . . . . . . . . . . . . . . . . . . . . . . . . . 113
280 Types of transfers . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
Division 2 Registration of dealings generally
281 Registration required for all dealings . . . . . . . . . . . . . 114
282 Obtaining registration . . . . . . . . . . . . . . . . . . . . . . . . . 114
283 Effect of approval and registration . . . . . . . . . . . . . . . 115
Division 3 Approval of assessable transfers
284 Indicative approval . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
285 Applying for approval of assessable transfer . . . . . . . 116
Page 8
Mines Legislation (Streamlining) Amendment Bill 2012
Contents
286 Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . 116
287 Security may be required . . . . . . . . . . . . . . . . . . . . . . 118
288 Notice of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
Part 11A Recording associated agreements
289 Definition for pt 11A . . . . . . . . . . . . . . . . . . . . . . . . . . 119
289A Recording associated agreements . . . . . . . . . . . . . . . 119
289B Effect of recording associated agreements . . . . . . . . 120
Part 11B Caveats
289C Requirements of caveats . . . . . . . . . . . . . . . . . . . . . . 120
289D Lodging of caveat . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
289E Chief executive's functions on receipt of caveat . . . . . 121
289F Effect of lodging caveat . . . . . . . . . . . . . . . . . . . . . . . 122
289G Lapsing, withdrawal or removal of caveat. . . . . . . . . . 123
289H Further caveat not available to same person . . . . . . . 124
289I Compensation for lodging caveat without reasonable
cause .......................... 124
133 Amendment of s 351 (Joint holders of a geothermal tenure) . . . . 124
134 Amendment of s 363 (Place for making applications, lodging
documents or making submissions) . . . . . . . . . . . . . . . . . . . . . . . 125
135 Amendment of s 364 (Requirements for making an application) . 126
136 Replacement of s 365 (Request to applicant about application) . 126
365 Request to applicant about application . . . . . . . . . . . 126
137 Amendment of s 366 (Refusing application for failure to comply
with request). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
138 Insertion of new s 366A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
366A Notice to progress geothermal tenure or renewal
application ....................... 128
139 Amendment of s 383 (Practice manual) . . . . . . . . . . . . . . . . . . . . 128
140 Amendment of s 385 (Regulation-making power) . . . . . . . . . . . . 129
141 Insertion of new ch 9, pt 3, div 3. . . . . . . . . . . . . . . . . . . . . . . . . . 130
Division 3 Transitional provisions for amendments in
amending Act commencing by proclamation
407 Undecided applications for approval of particular
dealing .............................. 130
408 Deciding applications for approval of assessable
transfers until commencement of particular provisions 130
409 Uncommenced appeals about refusal to approve
particular dealing . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
Page 9
Mines Legislation (Streamlining) Amendment Bill 2012
Contents
410 Unfinished appeals about refusal to approve
particular dealing . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
142 Amendment of sch 1 (Decisions subject to appeal) . . . . . . . . . . 131
143 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 132
Part 3 Amendment of Greenhouse Gas Storage Act 2009
144 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132
145 Amendment of s 255 (Relinquishment report by GHG permit
holder) ........................................ 133
146 Replacement of ch 5, pt 14 (Dealings) . . . . . . . . . . . . . . . . . . . . . 133
Part 14 Dealings
Division 1 Preliminary
345 Definitions for pt 14. . . . . . . . . . . . . . . . . . . . . . . . . . . 133
346 What is a dealing with a GHG authority . . . . . . . . . . . 134
347 Prohibited dealings. . . . . . . . . . . . . . . . . . . . . . . . . . . 134
348 Types of transfers . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
Division 2 Registration of dealings generally
349 Registration required for all dealings . . . . . . . . . . . . . 136
350 Obtaining registration . . . . . . . . . . . . . . . . . . . . . . . . . 136
351 Effect of approval and registration . . . . . . . . . . . . . . . 136
Division 3 Approval of assessable transfers
352 Indicative approval . . . . . . . . . . . . . . . . . . . . . . . . . . . 137
353 Applying for approval of assessable transfer . . . . . . . 137
354 Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . 138
355 Security may be required . . . . . . . . . . . . . . . . . . . . . . 140
355A Notice of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140
Part 14A Recording associated agreements
355B Definition for pt 14A . . . . . . . . . . . . . . . . . . . . . . . . . . 140
355C Recording associated agreements . . . . . . . . . . . . . . . 141
355D Effect of recording associated agreements . . . . . . . . 141
Part 14B Caveats
355E Requirements of caveats . . . . . . . . . . . . . . . . . . . . . . 142
355F Lodging of caveat . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
355G Chief executive's functions on receipt of caveat . . . . . 143
355H Effect of lodging caveat . . . . . . . . . . . . . . . . . . . . . . . 143
355I Lapsing, withdrawal or removal of caveat. . . . . . . . . . 144
355J Further caveat not available to same person . . . . . . . 145
Page 10
Mines Legislation (Streamlining) Amendment Bill 2012
Contents
355K Compensation for lodging caveat without reasonable
cause ................................ 146
147 Amendment of s 370 (Joint holders of a GHG authority) . . . . . . . 146
148 Amendment of s 411 (Place for making applications, lodging
documents or making submissions) . . . . . . . . . . . . . . . . . . . . . . . 146
149 Replacement of ss 412 and 413. . . . . . . . . . . . . . . . . . . . . . . . . . 147
412 Requirements for making an application . . . . . . . . . . 147
413 Request to applicant about application . . . . . . . . . . . 148
413A Refusing application for failure to comply with
request .............................. 149
413B Notice to progress GHG authority or renewal
application ............................ 149
150 Amendment of s 427 (Practice manual) . . . . . . . . . . . . . . . . . . . . 150
151 Amendment of s 429 (Regulation-making power) . . . . . . . . . . . . 150
152 Insertion of new ch 8, pt 3, div 3. . . . . . . . . . . . . . . . . . . . . . . . . . 151
Division 3 Transitional provisions for amendments in
amending Act commencing by proclamation
444 Undecided applications for approval of particular
dealing ................................ 151
445 Deciding applications for approval of assessable
transfers until commencement of particular provisions 152
446 Uncommenced appeals about refusal to approve
particular dealing . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152
447 Unfinished appeals about refusal to approve
particular dealing . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152
153 Amendment of sch 1 (Decisions subject to appeal) . . . . . . . . . . . 153
154 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 153
Part 4 Amendment of Mineral Resources Act 1989
155 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154
156 Insertion of new s 6D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154
6D Types of authority under Act. . . . . . . . . . . . . . . . . . . . 154
157 Amendment of s 10AA (Joint holders of mining tenement) . . . . . 154
158 Amendment of s 10A (Extension of certain entitlements to
registered native title bodies corporate and registered native
title claimants) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155
159 Replacement of s 63 (Priority of applications for grant of mining
claims) ........................................ 155
63 Priority of mining claim applications . . . . . . . . . . . . . . 155
160 Insertion of new s 71A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155
71A Objection may be withdrawn . . . . . . . . . . . . . . . . . . . 156
Page 11
Mines Legislation (Streamlining) Amendment Bill 2012
Contents
161 Amendment of s 72 (Referral to Land Court of application and
objections) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156
162 Amendment of s 81 (Conditions of mining claim) . . . . . . . . . . . . . 156
163 Amendment of s 91 (Initial term of mining claim) . . . . . . . . . . . . . 157
164 Amendment of s 93 (Renewal of mining claim) . . . . . . . . . . . . . . 157
165 Amendment of s 93D (Renewal of claim must be in name of last
recorded assignee). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159
166 Omission of ss 96-102. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159
167 Amendment of s 105 (Mining other minerals) . . . . . . . . . . . . . . . 159
168 Amendment of s 108 (Abandonment of application for mining
claim) .......................................... 160
169 Amendment of s 129 (Entitlements under exploration permit) . . . 160
170 Replacement of s 131 (Restriction on grant of exploration
permits over same sub-block) . . . . . . . . . . . . . . . . . . . . . . . . . . . 161
131 Who may apply. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161
171 Omission of s 133A (Minister may request information). . . . . . . . 162
172 Omission of s 135 (No application for exploration permit within 2
months of land ceasing to be subject to exploration permit) . . . . 163
173 Amendment of s 139 (Periodic reduction in land covered by
exploration permit) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163
174 Amendment of s 141 (Conditions of exploration permit) . . . . . . . 163
175 Omission of s 147AA (Minister may request information) . . . . . . 164
176 Amendment of s 147C (Continuation of permit while application
being dealt with) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164
177 Amendment of s 147F (Renewal of permit must be in name of last
recorded assignee). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164
178 Omission of ss 151-158. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165
179 Amendment of s 160 (Contravention by holder of exploration
permit) ........................................ 165
180 Omission of s 183A (Minister may request information). . . . . . . . 165
181 Amendment of s 193 (Rental payable on mineral development
licence) ......................................... 165
182 Amendment of s 194 (Conditions of mineral development licence) 166
183 Omission of s 197AA (Minister may request information) . . . . . . 166
184 Amendment of s 197C (Continuation of licence while application
being dealt with) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166
185 Amendment of s 197F (Renewal of licence must be in name of
last recorded assignee) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166
186 Omission of ss 198-205. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167
Page 12
Mines Legislation (Streamlining) Amendment Bill 2012
Contents
187 Amendment of s 209 (Contravention by holder of mineral
development licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167
188 Amendment of s 231G (Conditions of mineral development licence
(194)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167
189 Amendment of s 231I (Requirements for assigning or mortgaging
mineral development licences (198)) . . . . . . . . . . . . . . . . . . . . . . 168
190 Amendment of s 234 (Governor in Council may grant mining lease) 168
191 Replacement of s 238 (Mining lease over surface of reserve or
land near a dwelling house) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168
238 Mining lease over surface of restricted land . . . . . . . . 169
192 Omission of ss 245A and 247 . . . . . . . . . . . . . . . . . . . . . . . . . . . 169
193 Replacement of s 251 (Priority of applications for grant of mining
lease) .......................................... 169
251 Priority of mining lease applications . . . . . . . . . . . . . . 169
194 Insertion of new s 261 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170
261 Objection may be withdrawn . . . . . . . . . . . . . . . . . . . 170
195 Amendment of s 265 (Referral of application and objections to
Land Court) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170
196 Amendment of s 269 (Land Court's recommendation on hearing) 170
197 Replacement of s 271 (Minister to consider application for grant
of mining lease) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 171
271 Criteria for deciding mining lease application. . . . . . . 171
271A Deciding mining lease application . . . . . . . . . . . . . . . 172
271B Steps to be taken after application decided . . . . . . . . 172
198 Amendment of s 276 (General conditions of mining lease) . . . . . 173
199 Amendment of s 284 (Initial term of mining lease) . . . . . . . . . . . . 173
200 Amendment of s 285 (Mining lease may be specified it is not
renewable) ..................................... 174
201 Omission of s 286AA (Mining registrar may request information) 174
202 Amendment of s 286A (Decision on application) . . . . . . . . . . . . . 175
203 Amendment of s 286F (Renewal of lease must be in name of last
recorded assignee). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176
204 Amendment of s 289 (Mining registrar may issue instrument of
mining lease) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176
205 Amendment of s 294 (Variation of conditions of mining lease) . . 176
206 Amendment of s 295 (Variation of mining lease for accuracy etc.) 177
207 Amendment of s 298 (Mining other minerals or use for other
purposes) ...................................... 178
208 Amendment of s 299 (Consolidation of mining leases) . . . . . . . . 178
Page 13
Mines Legislation (Streamlining) Amendment Bill 2012
Contents
209 Omission of ss 300-306. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178
210 Amendment of s 307 (Abandonment of application for the grant
of a mining lease) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 179
211 Amendment of s 316 (Mining lease for transportation through land) 179
212 Amendment of s 318AAD (Application for grant of mining lease
(245)) ........................................... 179
213 Amendment of s 318AAH (General conditions of mining lease
(276) ........................................... 179
214 Amendment of s 318AAI (Initial term of mining lease (284)) . . . . 180
215 Amendment of s 318AAK (Requirements for assigning,
mortgaging or subleasing mining leases (300)) . . . . . . . . . . . . . . 180
216 Insertion of new pts 7AAAB-7AAAE . . . . . . . . . . . . . . . . . . . . . . 181
Part 7AAAB Dealings and transfers affecting applications
for mining leases
Division 1 Preliminary
318AAN Application of pt 7AAAB . . . . . . . . . . . . . . . . . . . . . . . 181
318AAO Definitions for pt 7AAAB . . . . . . . . . . . . . . . . . . . . . . . 181
318AAP What is a dealing with a mining tenement . . . . . . . . . 181
318AAQ Prohibited dealings. . . . . . . . . . . . . . . . . . . . . . . . . . . 182
318AAR Types of transfers . . . . . . . . . . . . . . . . . . . . . . . . . . . . 182
Division 2 Registration generally
318AAS Registration required for all dealings and application
transfers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 183
318AAT Obtaining registration . . . . . . . . . . . . . . . . . . . . . . . . . 184
318AAU Effect of approval and registration . . . . . . . . . . . . . . . 184
Division 3 Approval of assessable transfers
318AAV Indicative approval . . . . . . . . . . . . . . . . . . . . . . . . . . . 184
318AAW Applying for approval of assessable transfer . . . . . . . 185
318AAX Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . 187
318AAY Security may be required . . . . . . . . . . . . . . . . . . . . . . 189
318AAZ Written notice about decision . . . . . . . . . . . . . . . . . . . 190
Part 7AAAC Recording associated agreements
318AAZA Application of pt 7AAAC . . . . . . . . . . . . . . . . . . . . . . . 190
318AAZB Definition for pt 7AAAC. . . . . . . . . . . . . . . . . . . . . . . . 191
318AAZC Recording associated agreements . . . . . . . . . . . . . . . 191
318AAZD Effect of recording associated agreements . . . . . . . . 191
Part 7AAAD Caveats
318AAZE Application of pt 7AAAD . . . . . . . . . . . . . . . . . . . . . . . 192
Page 14
Mines Legislation (Streamlining) Amendment Bill 2012
Contents
318AAZF Requirements of caveats . . . . . . . . . . . . . . . . . . . . . . 192
318AAZG Lodging of caveat . . . . . . . . . . . . . . . . . . . . . . . . . . . . 193
318AAZH Chief executive's functions on receipt of caveat . . . . . 193
318AAZI Effect of lodging caveat . . . . . . . . . . . . . . . . . . . . . . . 194
318AAZJ Lapsing, withdrawal or removal of caveat. . . . . . . . . . 195
318AAZK Further caveat not available to same person . . . . . . . 196
318AAZL Compensation for lodging caveat without reasonable
cause .............................. 197
Part 7AAAE Appeals about approvals of assessable
transfers
318AAZM Who may appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 197
318AAZN Period to appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 197
318AAZO Starting appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 198
318AAZP Stay of operation of decision . . . . . . . . . . . . . . . . . . . 198
318AAZQ Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . 198
318AAZR Land Court's powers on appeal . . . . . . . . . . . . . . . . . 199
217 Amendment of s 318AB (Relationship with pts 5-7) . . . . . . . . . . 199
218 Amendment of s 318BN (Publication of outcome of application) . 200
219 Amendment of s 318CI (Restriction) . . . . . . . . . . . . . . . . . . . . . . 200
220 Amendment of pt 7AA, div 8, sdiv 8, hdg (Restriction on
assignment or subletting) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 200
221 Amendment of s 318DO (Requirement for coordination
arrangement to assign or sublet mining lease in area of petroleum
lease) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 200
222 Amendment of s 318ELAJ (Assignments) . . . . . . . . . . . . . . . . . . 201
223 Amendment of s 318ELBH (Publication of outcome of application) 201
224 Replacement of s 318ELBM (Minister may refuse application) . . 201
318ELBM Minister may refuse application . . . . . . . . . . . . . . . . . 202
225 Amendment of s 318ELBT (Requirement to continue geothermal
or GHG coordination arrangement after renewal of or dealing with
mining lease) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202
226 Amendment of s 325 (Royalty return and payment upon
assignment or surrender of mining claim or mining lease) . . . . . . 202
227 Insertion of new pt 10, div 2AAA . . . . . . . . . . . . . . . . . . . . . . . . . 203
Division 2AAA Chief executive
343A Chief executive has functions and powers of mining
registrars . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 203
228 Replacement of ss 387 and 387A . . . . . . . . . . . . . . . . . . . . . . . . 203
386J Request to applicant about application . . . . . . . . . . . 203
Page 15
Mines Legislation (Streamlining) Amendment Bill 2012
Contents
386K Refusing application for failure to comply with request 205
386L Notice to progress relevant applications. . . . . . . . . . . 205
386M Particular criteria generally not exhaustive. . . . . . . . . 206
386N Particular grounds for refusal generally not exhaustive 207
386O Place or way for making applications, giving, filing,
forwarding or lodging documents or making
submissions ............................ 207
386P Requirements for making application . . . . . . . . . . . . . 208
387 Register to be kept . . . . . . . . . . . . . . . . . . . . . . . . . . . 209
387A Access to register. . . . . . . . . . . . . . . . . . . . . . . . . . . . 210
229 Insertion of new s 387D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 210
387D Chief executive may correct register . . . . . . . . . . . . . 210
230 Amendment of s 391A (Restriction on decisions or
recommendations about mining tenements) . . . . . . . . . . . . . . . . 211
231 Amendment of s 392 (Substantial compliance with Act may be
accepted as compliance) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 211
232 Replacement of s 398 (Delegation) . . . . . . . . . . . . . . . . . . . . . . . 211
398 Delegation by Minister and chief executive . . . . . . . . 212
233 Amendment of s 401A (Protection against liability as condition of
approval). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 212
234 Amendment of s 416B (Practice manual). . . . . . . . . . . . . . . . . . . 212
235 Amendment of s 417 (Regulation-making power) . . . . . . . . . . . . 213
236 Amendment of s 653 (Content of written notice) . . . . . . . . . . . . . 214
237 Amendment of s 657 (Ending of additional requirements) . . . . . . 214
238 Amendment of s 666 (Process for consultation and negotiation--
negotiated agreement with or without conditions attached) . . . . . 214
239 Amendment of s 687 (Contract conditions) . . . . . . . . . . . . . . . . . 214
240 Amendment of s 688 (Notice of grant to registered native title
parties) ......................................... 215
241 Amendment of s 708 (Agreement for compensation). . . . . . . . . . 215
242 Amendment of s 745 (Application of pt 7AA) . . . . . . . . . . . . . . . . 215
243 Insertion of new pt 19, div 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 215
Division 17 Transitional provisions for Mines Legislation
(Streamlining) Amendment Act 2012--
amendments commencing by proclamation
Subdivision 1 Preliminary
791 Definitions for div 17 . . . . . . . . . . . . . . . . . . . . . . . . . . 216
Subdivision 2 Provisions relating to exploration permits
792 Particular applications for exploration permits . . . . . . 216
Page 16
Mines Legislation (Streamlining) Amendment Bill 2012
Contents
793 Periodic reduction in land covered by existing
exploration permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . 217
Subdivision 3 Provisions relating to mining claims
794 Existing applications for mining claim if no referral to
Land Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 217
795 Existing applications for mining claim or renewal of
mining claim--term of claim . . . . . . . . . . . . . . . . . . . . 218
Subdivision 4 Provisions relating to mining leases
796 Existing applications for mining lease if no referral to
Land Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 218
797 Existing referral of mining lease to Land Court . . . . . 219
798 Minister to decide particular applications for or about
mining leases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 220
Subdivision 5 Provisions common to mining tenements
799 Unfinished actions under former s 96, 151, 198 or 300 221
800 Deciding applications for approval of assessable
transfers until commencement of particular provisions 221
801 Continued functions for caveats received before the
commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 222
802 Continued functions for removal or withdrawal of
caveat ............................... 222
Subdivision 6 Other provisions
803 Existing requests for information . . . . . . . . . . . . . . . . 223
244 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 223
Part 5 Amendment of Petroleum Act 1923
245 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 224
246 Amendment of s 2 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 225
247 Amendment of s 40 (Lease to holder of authority to prospect) . . 226
248 Amendment of s 44 (Form etc. of lease) . . . . . . . . . . . . . . . . . . . 226
249 Amendment of s 45 (Entitlement to renewal of lease) . . . . . . . . . 226
250 Amendment of s 65 (Reservations in favour of State) . . . . . . . . . 226
251 Omission of s 75AA (Notice of change of holder's name) . . . . . . 226
252 Amendment of s 75WN (Amending water monitoring authority
by application) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 227
253 Amendment of s 75X (Requirement to report outcome of testing) 227
254 Amendment of s 76B (Requirement to lodge records and
samples) ...................................... 227
255 Amendment of s 79X (General provision about ownership while
tenure is in force for pipeline) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 227
Page 17
Mines Legislation (Streamlining) Amendment Bill 2012
Contents
256 Replacement of pt 6N (Dealings) . . . . . . . . . . . . . . . . . . . . . . . . . 228
Part 6N Dealings
Division 1 Preliminary
80E Definitions for pt 6N . . . . . . . . . . . . . . . . . . . . . . . . . . 228
80F What is a dealing with a 1923 Act petroleum tenure . 228
80G Prohibited dealings. . . . . . . . . . . . . . . . . . . . . . . . . . . 229
80H Types of transfers . . . . . . . . . . . . . . . . . . . . . . . . . . . . 229
Division 2 Registration of dealings generally
80I Registration required for all dealings . . . . . . . . . . . . . 230
80J Obtaining registration . . . . . . . . . . . . . . . . . . . . . . . . . 230
80K Effect of approval and registration . . . . . . . . . . . . . . . 231
Division 3 Approval of assessable transfers
80KA Indicative approval . . . . . . . . . . . . . . . . . . . . . . . . . . . 231
80KB Applying for approval of assessable transfer . . . . . . . 232
80KC Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . 232
80KD Security may be required . . . . . . . . . . . . . . . . . . . . . . 234
80KE Notice of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . 234
Part 6NA Recording associated agreements
80KF Definition for pt 6NA . . . . . . . . . . . . . . . . . . . . . . . . . . 235
80KG Recording associated agreements . . . . . . . . . . . . . . . 235
80KH Effect of recording associated agreements . . . . . . . . 235
Part 6NB Caveats
80KI Requirements of caveats . . . . . . . . . . . . . . . . . . . . . . 236
80KJ Lodging of caveat . . . . . . . . . . . . . . . . . . . . . . . . . . . . 237
80KK Chief executive's functions on receipt of caveat . . . . . 237
80KL Effect of lodging caveat . . . . . . . . . . . . . . . . . . . . . . . 238
80KM Lapsing, withdrawal or removal of caveat. . . . . . . . . . 239
80KN Further caveat not available to same person . . . . . . . 240
80KO Compensation for lodging caveat without reasonable
cause . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 240
257 Replacement of ss 120 and 121. . . . . . . . . . . . . . . . . . . . . . . . . . 240
120 Requirements for making an application . . . . . . . . . . 240
121 Request to applicant about application . . . . . . . . . . . 241
121A Refusing application for failure to comply with request 242
121B Particular criteria generally not exhaustive. . . . . . . . . 243
121C Particular grounds for refusal generally not exhaustive 243
Page 18
Mines Legislation (Streamlining) Amendment Bill 2012
Contents
258 Insertion of new pt 9, div 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 243
Division 1A How to lodge or give particular documents,
make particular applications or make
submissions
124AA Place or way for making applications, giving or
lodging documents or making submissions . . . . . . . . 244
259 Amendment of s 142 (Practice manual) . . . . . . . . . . . . . . . . . . . . 245
260 Amendment of s 149 (Regulation-making power) . . . . . . . . . . . . 245
261 Amendment of s 150 (Declaration about certain 1923 Act
petroleum tenures) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 246
262 Insertion of new pt 14, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 246
Division 3 Transitional provisions for amendments in
amending Act commencing by proclamation
193 Minister to decide particular applications for or about
leases .................................. 246
194 Unfinished indications about approval of dealing . . . . 247
195 Undecided applications for approval of dealing . . . . . 247
196 Deciding applications for approval of assessable
transfers until commencement of particular provisions 248
197 Uncommenced appeals about refusal to approve
particular dealing . . . . . . . . . . . . . . . . . . . . . . . . . . . . 248
198 Unfinished appeals about refusal to approve
particular dealing . . . . . . . . . . . . . . . . . . . . . . . . . . . . 248
263 Amendment of schedule (Decisions subject to appeal) . . . . . . . . 249
Part 6 Amendment of Petroleum and Gas (Production and Safety)
Act 2004
264 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 249
265 Amendment of s 30A (Joint holders of a petroleum authority) . . . 249
266 Amendment of s 59 (Restrictions on amending work program) . . 250
267 Amendment of s 60 (Applying for approval to amend) . . . . . . . . . 250
268 Amendment of s 118 (Requirements for making ATP-related
application) ....................................... 250
269 Insertion of new ch 2, pt 2, div 7, sdiv 3 . . . . . . . . . . . . . . . . . . . . 251
Subdivision 3 Changing production commencement day
175AA When holder may apply to change production
commencement day . . . . . . . . . . . . . . . . . . . . . . . . . . 251
175AB Requirements for making application . . . . . . . . . . . . . 251
175AC Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . 252
175AD Information notice about decision. . . . . . . . . . . . . . . . 252
270 Amendment of s 548 (Requirement to lodge records and samples) 253
Page 19
Mines Legislation (Streamlining) Amendment Bill 2012
Contents
271 Insertion of new ss 552A and 552B . . . . . . . . . . . . . . . . . . . . . . . 253
552A Obligation to lodge infrastructure report for petroleum
lease ................................. 253
552B Content requirements for infrastructure report for
petroleum lease . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 253
272 Omission of s 558A (Notice of change of holder's name) . . . . . . 254
273 Replacement of ch 5, pt 10 (Dealings) . . . . . . . . . . . . . . . . . . . . . 254
Part 10 Dealings
Division 1 Preliminary
568 Definitions for pt 10. . . . . . . . . . . . . . . . . . . . . . . . . . . 254
569 What is a dealing with a petroleum authority . . . . . . . 254
570 Prohibited dealings. . . . . . . . . . . . . . . . . . . . . . . . . . . 255
571 Types of transfers . . . . . . . . . . . . . . . . . . . . . . . . . . . . 256
Division 2 Registration of dealings generally
572 Registration required for all dealings . . . . . . . . . . . . . 257
573 Obtaining registration . . . . . . . . . . . . . . . . . . . . . . . . . 257
573A Effect of approval and registration . . . . . . . . . . . . . . . 257
Division 3 Approval of assessable transfers
573B Indicative approval . . . . . . . . . . . . . . . . . . . . . . . . . . . 258
573C Applying for approval of assessable transfer . . . . . . . 258
573D Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . 259
573E Security may be required . . . . . . . . . . . . . . . . . . . . . . 261
573F Notice of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261
Part 10A Recording associated agreements
573G Definition for pt 10A . . . . . . . . . . . . . . . . . . . . . . . . . . 262
573H Recording associated agreements . . . . . . . . . . . . . . . 262
573I Effect of recording associated agreements . . . . . . . . 262
Part 10B Caveats
573J Requirements of caveats . . . . . . . . . . . . . . . . . . . . . . 263
573K Lodging of caveat . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264
573L Chief executive's functions on receipt of caveat . . . . . 264
573M Effect of lodging caveat . . . . . . . . . . . . . . . . . . . . . . . 265
573N Lapsing, withdrawal or removal of caveat. . . . . . . . . . 266
573O Further caveat not available to same person . . . . . . . 267
573P Compensation for lodging caveat without reasonable
cause ................................. 267
274 Replacement of ss 842 and 843. . . . . . . . . . . . . . . . . . . . . . . . . . 267
Page 20
Mines Legislation (Streamlining) Amendment Bill 2012
Contents
842 Requirements for making an application . . . . . . . . . . 267
843 Request to applicant about application . . . . . . . . . . . 268
843A Refusing application for failure to comply with request 270
843B Notice to progress petroleum authority or renewal
applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 270
843C Particular criteria generally not exhaustive. . . . . . . . . 271
843D Particular grounds for refusal generally not exhaustive 271
275 Insertion of new s 851AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 272
851AA Place or way for making applications or giving or
lodging documents . . . . . . . . . . . . . . . . . . . . . . . . . . . 272
276 Amendment of s 858A (Practice manual). . . . . . . . . . . . . . . . . . . 273
277 Amendment of s 859 (Regulation-making power) . . . . . . . . . . . . 274
278 Insertion of new ch 15, pt 13, div 3. . . . . . . . . . . . . . . . . . . . . . . . 274
Division 3 Transitional provisions for amendments in
amending Act commencing by proclamation
964 Definition for div 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . 274
965 When holder of an existing petroleum lease may
apply to change production commencement day . . . . 275
966 Particular requirements for infrastructure reports
under s 552A for existing petroleum leases . . . . . . . . 275
967 Unfinished indications about approval of dealing . . . . 275
968 Continuing indications about approval of dealing . . . . 276
969 Undecided applications for approval of dealing . . . . . 276
970 Deciding applications for approval of assessable
transfers until commencement of particular provisions 276
971 Uncommenced review of refusal to approve particular
dealing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 277
972 Unfinished review of refusal to approve particular
dealing ................................. 277
973 Amending work programs . . . . . . . . . . . . . . . . . . . . . 277
279 Amendment of sch 1 (Reviews and appeals) . . . . . . . . . . . . . . . . 278
280 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 279
Part 7 Amendment of other Acts
281 Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 280
Chapter 4 Amendments for the restructure of the Mineral Resources
Act 1989
Part 1 Amendment of Mineral Resources Act 1989
282 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 280
283 Replacement of pt 1, hdg (Preliminary) . . . . . . . . . . . . . . . . . . . . 280
Page 21
Mines Legislation (Streamlining) Amendment Bill 2012
Contents
284 Insertion of new ch 1, pt 2, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . 281
285 Insertion of new ch 1, pt 3, hdg and ch 1, pt 4, hdg . . . . . . . . . . . 281
286 Insertion of new ch 1, pt 5, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . 281
287 Replacement of pt 2, hdg (Mining districts) . . . . . . . . . . . . . . . . . 281
288 Replacement of particular headings in pt 3 . . . . . . . . . . . . . . . . . 282
289 Replacement of pt 4, hdg (Mining claims) . . . . . . . . . . . . . . . . . . 282
290 Replacement of pt 5, hdg (Exploration permits) . . . . . . . . . . . . . . 282
291 Replacement of pt 6, hdg (Mineral development licences). . . . . . 283
292 Replacement of pt 6A, hdg (Mineral development licence for
Aurukun project) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 283
293 Replacement of pt 7, hdg (Mining leases) . . . . . . . . . . . . . . . . . . 283
294 Replacement of pt 7AAA, hdg (Mining lease for Aurukun project) 284
295 Replacement of pt 7AAAB, hdg (Dealings and transfers affecting
applications for mining leases) . . . . . . . . . . . . . . . . . . . . . . . . . . . 284
296 Replacement of pt 7AAAC, hdg (Recording associated
agreements) .................................... 284
297 Replacement of pt 7AAAD, hdg (Caveats) . . . . . . . . . . . . . . . . . . 284
298 Replacement of pt 7AAAE, hdg (Appeals about approvals of
assessable transfers) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 285
299 Replacement of particular headings in pt 7AA . . . . . . . . . . . . . . . 285
300 Relocation and renumbering of pt 7AAB (Provisions for
McFarlane oil shale deposit). . . . . . . . . . . . . . . . . . . . . . . . . . . . . 288
301 Replacement of particular headings in pt 7AAC. . . . . . . . . . . . . . 288
302 Replacement of particular headings in pt 7A . . . . . . . . . . . . . . . . 289
303 Omission of pt 8, hdg (Relationship with Sustainable Planning
Act 2009) ........................................ 290
304 Relocation and renumbering of s 319 (Effect on development) . . 290
305 Relocation, renumbering and amendment of s 319A (Effect on
planning schemes) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 290
306 Replacement of particular headings in pt 9 . . . . . . . . . . . . . . . . . 291
307 Insertion of new ch 12, hdg and ch 12, pts 4 and 5, hdgs . . . . . . 291
308 Replacement of particular headings in pt 10 . . . . . . . . . . . . . . . . 292
309 Relocation and renumbering of pt 10AA (Collingwood Park State
guarantee) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 292
310 Relocation and renumbering of pt 10A (Wild river areas) . . . . . . 293
311 Replacement of pt 11, hdg (General) . . . . . . . . . . . . . . . . . . . . . . 293
312 Relocation of s 418 (References to repealed Acts) . . . . . . . . . . . 293
313 Relocation and renumbering of ss 418A-418D . . . . . . . . . . . . . . 293
Page 22
Mines Legislation (Streamlining) Amendment Bill 2012
Contents
314 Relocation of pts 12-18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 294
315 Omission of pt 18A, hdg (Provisions about particular mining
easements) ...................................... 294
316 Relocation and renumbering of ss 722A-722G . . . . . . . . . . . . . . 294
317 Replacement of pt 19, hdg (Transitional provisions). . . . . . . . . . . 294
318 Replacement of pt 19, div 16, hdg (Transitional provisions for
Mines Legislation (Streamlining) Amendment Act 2012--
amendments commencing on assent) . . . . . . . . . . . . . . . . . . . . . 295
319 Replacement of pt 19, div 17, hdg (Transitional provisions for
Mines Legislation (Streamlining) Amendment Act 2012--
amendments commencing by proclamation) . . . . . . . . . . . . . . . . 296
320 Replacement of particular headings in pt 19, div 17 . . . . . . . . . . 296
321 Insertion of new s 804 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 297
804 Relocation and renumbering of provisions . . . . . . . . . 297
322 Insertion of new sch 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 298
Part 2 Amendment of other Acts
323 Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 298
Schedule 1 Minor amendments commencing on assent . . . . . . . . . . . . . 299
Geothermal Energy Act 2010 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 299
Greenhouse Gas Storage Act 2009 . . . . . . . . . . . . . . . . . . . . . . . 300
Mineral Resources Act 1989--amendments relating to area of
mining tenement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 302
Mineral Resources Act 1989--other amendments. . . . . . . . . . . . 319
Petroleum Act 1923 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 338
Petroleum and Gas (Production and Safety) Act 2004. . . . . . . . . 351
Schedule 2 Consequential amendments commencing by proclamation
other than amendments for the restructure of the Mineral
Resources Act 1989 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356
Environmental Protection Act 1994 . . . . . . . . . . . . . . . . . . . . . . . 356
Geothermal Energy Act 2010 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356
Greenhouse Gas Storage Act 2009 . . . . . . . . . . . . . . . . . . . . . . . 357
Mineral Resources Act 1989 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 358
Petroleum Act 1923 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 378
Petroleum and Gas (Production and Safety) Act 2004. . . . . . . . . 386
Schedule 3 Consequential amendments for the restructure of the
Mineral Resources Act 1989 . . . . . . . . . . . . . . . . . . . . . . . . . . . 407
Aboriginal Cultural Heritage Act 2003 . . . . . . . . . . . . . . . . . . . . . 407
City of Brisbane Act 2010. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 407
Coal Mining Safety and Health Act 1999 . . . . . . . . . . . . . . . . . . . 407
Page 23
Mines Legislation (Streamlining) Amendment Bill 2012
Contents
Environmental Protection Act 1994 . . . . . . . . . . . . . . . . . . . . . . . 408
Geothermal Energy Act 2010 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 409
Greenhouse Gas Storage Act 2009 . . . . . . . . . . . . . . . . . . . . . . . 409
Land Court Act 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 409
Local Government Act 2009 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 410
Mineral Resources Act 1989 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 411
Petroleum Act 1923 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 434
Petroleum and Gas (Production and Safety) Act 2004. . . . . . . . . 434
State Development and Public Works Organisation Act 1971 . . . 436
Torres Strait Islander Cultural Heritage Act 2003 . . . . . . . . . . . . . 436
Wild Rivers Act 2005 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 437
Page 24
2012
A Bill
for
An Act to amend the Acquisition of Land Act 1967, the
Environmental Protection Act 1994, the Geothermal Energy Act
2010, the Greenhouse Gas Storage Act 2009, the Land Act
1994, the Mineral Resources Act 1989, the Petroleum Act 1923,
the Petroleum and Gas (Production and Safety) Act 2004 and
the Work Health and Safety Act 2011 for particular purposes,
and to make consequential amendments of the Aboriginal
Cultural Heritage Act 2003, the City of Brisbane Act 2010, the
Coal Mining Safety and Health Act 1999, the Land Court Act
2000, the Local Government Act 2009, the State Development
and Public Works Organisation Act 1971, the Torres Strait
Islander Cultural Heritage Act 2003 and the Wild Rivers Act
2005
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Chapter 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Mines Legislation (Streamlining) 4
Amendment Act 2012. 5
Clause 2 Commencement 6
The following provisions commence on a day to be fixed by 7
proclamation-- 8
(a) chapters 3 and 4; 9
(b) schedules 2 and 3. 10
Chapter 2 Amendments commencing 11
on assent 12
Part 1 Amendment of Acquisition of 13
Land Act 1967 14
Clause 3 Act amended 15
This part amends the Acquisition of Land Act 1967. 16
Clause 4 Amendment of s 5 (Purposes for which land may be 17
taken) 18
Section 5(3), editor's note-- 19
Page 26
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 2 Amendments commencing on assent
Part 1 Amendment of Acquisition of Land Act 1967
[s 5]
omit, insert-- 1
`Note-- 2
See the Land Act 1994, chapter 5, part 3 for the resumption of leases or 3
easements under that Act.'. 4
Clause 5 Amendment of s 7 (Notice of intention to take land) 5
(1) Section 7(3)(g), editor's note, `Editor's note--'-- 6
omit, insert-- 7
`Note--'. 8
(2) Section 7(3)-- 9
insert-- 10
`Note-- 11
See also-- 12
(a) the Geothermal Energy Act 2010, section 350A(8) for additional 13
requirements if geothermal interests under that Act are to be wholly 14
or partially extinguished; and 15
(b) the Greenhouse Gas Storage Act 2009, section 369A(8) for 16
additional requirements if GHG interests under that Act are to be 17
wholly or partially extinguished; and 18
(c) the Mineral Resources Act 1989, section 10AAA(8) for additional 19
requirements if mining tenement interests under that Act are to be 20
wholly or partially extinguished; and 21
(d) the Petroleum Act 1923, section 124A(8) for additional 22
requirements if 1923 Act petroleum interests under that Act are to 23
be wholly or partially extinguished; and 24
(e) the Petroleum and Gas (Production and Safety) Act 2004, section 25
30AA(8) for additional requirements if petroleum interests under 26
that Act are to be partially or wholly extinguished.'. 27
Clause 6 Amendment of s 12 (Effect of gazette resumption notice) 28
Section 12(5)-- 29
insert-- 30
`Note-- 31
Page 27
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 2 Amendments commencing on assent
Part 1 Amendment of Acquisition of Land Act 1967
[s 7]
See, however-- 1
(a) the Geothermal Energy Act 2010, sections 350A and 350B in 2
relation to geothermal interests under that Act; and 3
(b) the Greenhouse Gas Storage Act 2009, sections 369A and 369B in 4
relation to GHG interests under that Act; and 5
(c) the Mineral Resources Act 1989, sections 10AAA and 10AAB in 6
relation to mining tenement interests under that Act; and 7
(d) the Petroleum Act 1923, sections 124A and 124B in relation to 1923 8
Act petroleum interests under that Act; and 9
(e) the Petroleum and Gas (Production and Safety) Act 2004, sections 10
30AA and 30AB in relation to petroleum interests under that Act.'. 11
Clause 7 Amendment of s 20 (Assessment of compensation) 12
Section 20(1)-- 13
insert-- 14
`Note-- 15
See, however-- 16
(a) the Geothermal Energy Act 2010, section 350D in relation to 17
geothermal interests under that Act; and 18
(b) the Greenhouse Gas Storage Act 2009, section 369D in relation to 19
GHG interests under that Act; and 20
(c) the Mineral Resources Act 1989, section 10AAD in relation to 21
mining tenement interests under that Act; and 22
(d) the Petroleum Act 1923, section 124C in relation to 1923 Act 23
petroleum interests under that Act; and 24
(e) the Petroleum and Gas (Production and Safety) Act 2004, section 25
30AD in relation to petroleum interests under that Act.'. 26
Page 28
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 2 Amendments commencing on assent
Part 2 Amendment of Geothermal Energy Act 2010
[s 8]
Part 2 Amendment of Geothermal 1
Energy Act 2010 2
Clause 8 Act amended 3
This part amends the Geothermal Energy Act 2010. 4
Note-- 5
See also the amendments in-- 6
(a) chapter 3, part 2; and 7
(b) schedules 1 to 3. 8
Clause 9 Insertion of new s 8A 9
After section 8-- 10
insert-- 11
`8A Declaration for Commonwealth Act 12
`A geothermal tenure is declared not to be personal property 13
under the Personal Property Securities Act 2009 (Cwlth).'. 14
Clause 10 Amendment of s 22 (What is an authorised activity for a 15
geothermal tenure) 16
Section 22, after note 2-- 17
insert-- 18
`3 The carrying out of particular activities on particular land in the 19
geothermal tenure's area may not be authorised following the 20
taking of the land under a resumption law. See section 350B.'. 21
Clause 11 Amendment of s 30 (Operation of pt 1) 22
Section 30, after note 2-- 23
insert-- 24
Page 29
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 2 Amendments commencing on assent
Part 2 Amendment of Geothermal Energy Act 2010
[s 12]
`3 The carrying out of particular activities on particular land in the 1
geothermal permit's area may not be authorised following the 2
taking of the land under a resumption law. See section 350B.'. 3
Clause 12 Amendment of s 39 (Deciding whether to grant 4
geothermal permit) 5
Section 39(2)-- 6
insert-- 7
`Note-- 8
If the application relates to acquired land, see also section 350C.'. 9
Clause 13 Amendment of s 74 (Operation of pt 1) 10
Section 74, after note 2-- 11
insert-- 12
`3 The carrying out of particular activities on particular land in the 13
geothermal lease's area may not be authorised following the taking 14
of the land under a resumption law. See section 350B.'. 15
Clause 14 Amendment of s 77 (Who may apply) 16
Section 77(1), note-- 17
omit, insert-- 18
`Notes-- 19
1 For restrictions on what land may be included in a geothermal 20
tenure, see sections 33, 35 and 184. 21
2 For inclusion of acquired land that was previously in the relevant 22
geothermal permit's area, see section 350C(3).'. 23
Clause 15 Amendment of s 80 (Deciding whether to grant 24
geothermal lease) 25
Section 80-- 26
insert-- 27
`Note-- 28
Page 30
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 2 Amendments commencing on assent
Part 2 Amendment of Geothermal Energy Act 2010
[s 16]
If the application relates to acquired land that was previously in the 1
relevant geothermal permit's area, see also section 350C.'. 2
Clause 16 Amendment of s 184 (Area of geothermal tenure) 3
Section 184(2) and (5)-- 4
insert-- 5
`Note-- 6
See also section 350B(3) if land in the geothermal tenure's area is taken 7
under a resumption law.'. 8
Clause 17 Amendment of s 185 (References to blocks of geothermal 9
tenure) 10
Section 185(2)-- 11
insert-- 12
`Note-- 13
See also section 350B(3) if land in the geothermal tenure's area is taken 14
under a resumption law.'. 15
Clause 18 Amendment of s 272 (Geothermal register) 16
Section 272(e)-- 17
omit, insert-- 18
`(e) dealings with geothermal tenures; and 19
(f) acquired land.'. 20
Clause 19 Amendment of s 290 (General conditions for renewal 21
application) 22
Section 290(2)(c)-- 23
insert-- 24
`Note-- 25
Page 31
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 2 Amendments commencing on assent
Part 2 Amendment of Geothermal Energy Act 2010
[s 20]
See, however, section 350C(3) in relation to acquired land that 1
was previously in the area of the geothermal tenure being 2
renewed.'. 3
Clause 20 Amendment of s 294 (Deciding application) 4
Section 294(2)-- 5
insert-- 6
`Note-- 7
If the application relates to acquired land that was previously in the area 8
of the geothermal tenure being renewed, see also section 350C.'. 9
Clause 21 Insertion of new ss 350A-350D 10
After section 350-- 11
insert-- 12
`350A Extinguishing geothermal interests on the taking of 13
land in a geothermal tenure's area (other than by an 14
easement) 15
`(1) This section applies to the taking of land, other than by taking 16
or otherwise creating an easement, under a resumption law. 17
`(2) Despite any other Act, the taking of land does not extinguish 18
geothermal interests other than to the extent, if any, provided 19
for in the resumption notice for the taking of the land. 20
`(3) The resumption notice for the taking of land may provide for 21
the extinguishment of a geothermal interest on the taking only 22
to the extent the relevant Minister for the taking is satisfied the 23
interest is incompatible with the purpose for which the land is 24
taken. 25
`(4) Without limiting the application of subsection (3), the relevant 26
Minister may be satisfied a geothermal interest is 27
incompatible with the purpose for which the land is taken if, 28
for that purpose, it is necessary to extinguish all interests in 29
the land, including native title rights and interests. 30
`(5) A geothermal interest may be-- 31
Page 32
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 2 Amendments commencing on assent
Part 2 Amendment of Geothermal Energy Act 2010
[s 21]
(a) wholly extinguished; or 1
(b) partially extinguished by-- 2
(i) excluding land from the land the subject of the 3
interest; or 4
(ii) prohibiting the carrying out of activities by the 5
holder of the interest. 6
`(6) The resumption notice for the taking of land may provide for 7
the extinguishment of geothermal interests by reference to 8
either or both of the following-- 9
(a) stated land, which-- 10
(i) may be all or part of the land that is taken; and 11
(ii) if the stated land is only part of the land that is 12
taken--may be described in the resumption notice 13
in any way, including, for example-- 14
(A) as a shape that does not constitute a block or 15
sub-block; or 16
(B) by using 3 dimensionally located points to 17
identify the position, shape and dimensions 18
of each boundary; 19
(b) stated geothermal interests, which may be all 20
geothermal interests or geothermal interests of a 21
particular type. 22
`(7) For the taking of land for which geothermal interests are 23
extinguished as provided by this section-- 24
(a) each person's interest in an extinguished geothermal 25
interest is converted into a right to claim compensation 26
under the resumption law; and 27
(b) the resumption law applies with necessary and 28
convenient changes and with the changes mentioned in 29
subsections (8) and (9) and section 350D. 30
Page 33
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 2 Amendments commencing on assent
Part 2 Amendment of Geothermal Energy Act 2010
[s 21]
`(8) The notice of intention to resume for the proposed taking of 1
the land must state the extent to which the geothermal 2
interests are proposed to be extinguished. 3
`(9) The entity taking the land must give the chief executive a 4
notice that-- 5
(a) states the details of the extinguishment; and 6
(b) asks for the extinguishment to be recorded in the 7
geothermal register; and 8
(c) is accompanied by a certified copy of the resumption 9
notice. 10
`(10) In this section-- 11
certified copy, of the resumption notice, means a copy of the 12
original of the notice that has been certified by a justice of the 13
peace as being a correct copy of the original notice. 14
relevant Minister, for the taking of land under a resumption 15
law, means-- 16
(a) if the land is taken under the process stated in the ALA 17
(whether the land is taken under the ALA or another 18
resumption law)--the Minister to whom the application 19
that the land be taken is made under section 9 of that 20
Act; or 21
(b) otherwise--the Minister administering the resumption 22
law under which the land is, or is to be, taken. 23
`350B Effect of extinguishment of geothermal interests on 24
the taking of land in a geothermal tenure's area 25
(other than by an easement) 26
`(1) This section applies if, under section 350A, the resumption 27
notice for the taking of land (other than by taking or otherwise 28
creating an easement) under a resumption law provides for the 29
extinguishment of geothermal interests for stated land. 30
`(2) If the resumption notice states that all geothermal interests 31
relating to the stated land are extinguished and a geothermal 32
Page 34
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 2 Amendments commencing on assent
Part 2 Amendment of Geothermal Energy Act 2010
[s 21]
interest relates only to the stated land, the interest is wholly 1
extinguished. 2
`(3) If the resumption notice states that all geothermal interests 3
relating to the stated land are extinguished and a geothermal 4
interest relates to the stated land and other land-- 5
(a) the stated land is no longer the subject of the interest; 6
and 7
(b) without limiting paragraph (a)-- 8
(i) the stated land is excluded from the area of the 9
geothermal tenure comprising the interest, or under 10
or in relation to which the interest exists; and 11
(ii) this Act applies in relation to the area of the 12
geothermal tenure with necessary and convenient 13
changes to allow for the exclusion of the stated 14
land, including, for example-- 15
(A) to allow the area to include a part of a block 16
or sub-block if the part is what is left after 17
the stated land is excluded from the area; and 18
(B) if the stated land, or a part of it, is within a 19
potential geothermal commercial area for a 20
geothermal permit--to exclude the stated 21
land or part from the potential geothermal 22
commercial area. 23
`(4) If the resumption notice states that the carrying out of stated 24
activities on the stated land by holders of stated geothermal 25
interests is prohibited, the holder of a stated geothermal 26
interest is not, or is no longer, authorised to carry out the 27
stated activities on the stated land. 28
`(5) However, subsections (3) and (4) do not apply in relation to a 29
geothermal interest that comprises, or exists under or in 30
relation to, a new or renewed geothermal tenure granted after 31
the land is taken. 32
Page 35
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 2 Amendments commencing on assent
Part 2 Amendment of Geothermal Energy Act 2010
[s 21]
`350C Applications relating to land taken under a 1
resumption law for which geothermal interests 2
were extinguished 3
`(1) The Minister may, under a grant provision, grant a new 4
geothermal tenure for an area that includes acquired land only 5
if the Minister, after consulting the entity that took the land, is 6
satisfied the grant of the tenure is compatible with the purpose 7
for which the land is being or is to be used. 8
`(2) If there are 2 or more applications under this Act for the grant, 9
under a grant provision, of a new geothermal tenure for an 10
area that includes the same acquired land, the applications are 11
to be dealt with as follows-- 12
(a) the applications must be considered and decided 13
according to the day on which they are made; 14
(b) if the applications were made on the same day-- 15
(i) they take the priority the Minister decides, after 16
considering the relative merits of each application; 17
and 18
(ii) the Minister must give each applicant a notice 19
stating there is competition for priority between the 20
applicant's application and another application, or 21
other applications, made on the same day as the 22
day on which the applicant's application was 23
made. 24
`(3) If a grant provision provides for the grant of a new geothermal 25
tenure (the new tenure) over land in the area of an existing 26
geothermal tenure (the existing tenure)-- 27
(a) the application under this Act for the new tenure may 28
include acquired land that was, immediately before the 29
taking of the land, in the existing tenure's area; and 30
(b) subject to subsections (1) and (2), the Minister may 31
grant the new tenure for an area that includes the 32
acquired land as if the acquired land were in the existing 33
tenures's area. 34
Page 36
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 2 Amendments commencing on assent
Part 2 Amendment of Geothermal Energy Act 2010
[s 22]
`(4) To remove any doubt, it is declared that this section does not 1
affect the operation of the provisions of this Act about the 2
application for, and grant of, a new geothermal tenure other 3
than to the extent provided for in subsections (1) to (3). 4
`(5) In this section-- 5
grant provision means a provision of this Act providing for 6
the grant of a new geothermal tenure. 7
new geothermal tenure includes a renewed geothermal 8
tenure. 9
`350D Compensation for effect of taking of land in a 10
geothermal tenure's area on geothermal interests 11
`(1) This section applies if land in a geothermal tenure's area is 12
taken under a resumption law (including by taking or 13
otherwise creating an easement). 14
`(2) In assessing any compensation to be paid to the holder of a 15
geothermal interest in relation to the taking of the land, 16
allowance can not be made for the value of geothermal energy, 17
or geothermal resources from which geothermal energy may 18
be extracted, known or supposed to be on or below the surface 19
of the land.'. 20
Clause 22 Amendment of ch 9, pt 2, hdg (Transitional provisions) 21
Chapter 9, part 2, heading, after `provisions'-- 22
insert-- 23
`for Act No. 31 of 2010'. 24
Clause 23 Insertion of new ch 9, pt 3 25
Chapter 9-- 26
insert-- 27
Page 37
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 2 Amendments commencing on assent
Part 2 Amendment of Geothermal Energy Act 2010
[s 23]
`Part 3 Transitional provisions for 1
Mines Legislation 2
(Streamlining) Amendment Act 3
2012 4
`Division 1 Preliminary 5
`404 Definitions for pt 3 6
`In this part-- 7
amending Act means the Mines Legislation (Streamlining) 8
Amendment Act 2012. 9
commencement means the commencement of the section in 10
which the term is used. 11
former, in relation to a provision, means the provision as in 12
force before the commencement of the section in which the 13
term is used. 14
`Division 2 Transitional provisions for 15
amendments in amending Act 16
commencing on assent 17
`405 Land in a geothermal tenure's area taken before the 18
commencement 19
`(1) This section applies if-- 20
(a) land in a geothermal tenure's area was taken under a 21
resumption law before the commencement; and 22
(b) at the commencement, the entity taking the land has not 23
taken action indicating the geothermal tenure was 24
extinguished (wholly or partly) when the land was 25
taken. 26
Page 38
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 2 Amendments commencing on assent
Part 2 Amendment of Geothermal Energy Act 2010
[s 23]
Examples of action for paragraph (b)-- 1
· serving a copy of the resumption notice for the taking of the 2
land on the geothermal tenure holder (in the holder's 3
capacity as the holder of the tenure) 4
· entering into an agreement under the ALA, section 15 with 5
the geothermal tenure holder for the taking of the land 6
· negotiating, or taking other action relating to, the 7
compensation payable to the geothermal tenure holder for 8
the taking of the land 9
· paying compensation to the geothermal tenure holder for 10
the taking of the land 11
· arranging for the taking of the land to be recorded in the 12
geothermal register against the geothermal tenure 13
`(2) The taking of the land did not extinguish (wholly or partly) 14
the geothermal tenure or any other geothermal interest 15
relating to the tenure. 16
`(3) Subsection (2) does not affect the ending of a geothermal 17
interest (wholly or partly) in any other way, including, for 18
example-- 19
(a) by the entity taking the land acquiring the geothermal 20
interest (wholly or partly) under a separate commercial 21
agreement or other arrangement with the holder of the 22
interest; or 23
(b) by the geothermal interest holder surrendering the 24
interest (wholly or partly) under this Act. 25
`406 Land in a geothermal tenure's area for which notice of 26
intention to resume given before the commencement 27
`(1) This section applies if-- 28
(a) before the commencement, an entity gave a notice of 29
intention to resume for the proposed taking, under a 30
resumption law, of land in a geothermal tenure's area; 31
and 32
(b) at the commencement, the land had not been taken 33
under the resumption law. 34
Page 39
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 2 Amendments commencing on assent
Part 2 Amendment of Geothermal Energy Act 2010
[s 24]
`(2) If the land is taken other than by taking or otherwise creating 1
an easement, sections 350A to 350D apply in relation to the 2
taking, except that the resumption notice for the taking may 3
provide for the extinguishment of a geothermal interest on the 4
taking even if the notice of intention to resume does not 5
comply with section 350A(8). 6
`(3) If the land is taken by taking or otherwise creating an 7
easement, section 350D applies in relation to the taking.'. 8
Clause 24 Amendment of sch 2 (Dictionary) 9
Schedule 2-- 10
insert-- 11
`acquired land-- 12
1 Land is acquired land if-- 13
(a) it was taken under a resumption law, other than by 14
taking or otherwise creating an easement; and 15
(b) under section 350A, all geothermal interests 16
relating to the land were extinguished on the 17
taking. 18
2 However, land mentioned in paragraph 1 stops being 19
acquired land if it is included in the area of a new or 20
renewed geothermal tenure granted under this Act. 21
ALA means the Acquisition of Land Act 1967. 22
geothermal interest means-- 23
(a) a geothermal tenure; or 24
(b) a right existing under, or in relation to, a geothermal 25
tenure. 26
notice of intention to resume, for the proposed taking of land 27
under a resumption law, means-- 28
(a) if the land is taken under the process stated in the ALA 29
(whether the land is taken under the ALA or another 30
Page 40
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 2 Amendments commencing on assent
Part 2 Amendment of Geothermal Energy Act 2010
[s 24]
resumption law)--the notice of intention to resume 1
under the ALA; or 2
(b) otherwise--the notice, however named, required to be 3
given under the resumption law to notify persons of the 4
proposed taking. 5
resumption law-- 6
(a) means a law that provides for the compulsory 7
acquisition of land, including, for example, the 8
following-- 9
(i) the ALA, including as applied by another law 10
providing for an entity to take land under the ALA 11
as if the entity were a constructing authority under 12
the ALA; 13
Examples of other laws for subparagraph (i)-- 14
· Electricity Act 1994, section 116 15
· South-East Queensland Water (Distribution and 16
Retail Restructuring) Act 2009, section 53AY 17
(ii) the Land Act 1994, chapter 5, part 3, division 3; 18
(iii) the Petroleum and Gas (Production and Safety) Act 19
2004, sections 456 to 458; 20
(iv) the Queensland Reconstruction Authority Act 21
2011, section 99; 22
(v) the State Development and Public Works 23
Organisation Act 1971, section 82 or 125; 24
(vi) the Transport Planning and Coordination Act 25
1994, section 25 or 26; but 26
(b) does not include the Land Act 1994, chapter 5, part 3, 27
divisions 1 and 2. 28
resumption notice, for the taking of land under a resumption 29
law, means-- 30
(a) if the land is taken under the process stated in the ALA 31
(whether the land is taken under the ALA or another 32
Page 41
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 2 Amendments commencing on assent
Part 3 Amendment of Greenhouse Gas Storage Act 2009
[s 25]
resumption law)--the gazette resumption notice under 1
the ALA for the taking; or 2
(b) otherwise--the instrument giving effect to the taking. 3
take, in relation to land, includes acquire.'. 4
Part 3 Amendment of Greenhouse 5
Gas Storage Act 2009 6
Clause 25 Act amended 7
This part amends the Greenhouse Gas Storage Act 2009. 8
Note-- 9
See also the amendments in-- 10
(a) chapter 3, part 3; and 11
(b) schedules 1 to 3. 12
Clause 26 Amendment of s 22 (What is an authorised activity for a 13
GHG authority) 14
Section 22, after note 2-- 15
insert-- 16
`3 The carrying out of particular activities on particular land in a GHG 17
authority's area may not be authorised following the taking of the 18
land under a resumption law. See section 369B.'. 19
Clause 27 Amendment of s 29 (Operation of pt 1) 20
Section 29, after note 2-- 21
insert-- 22
`3 The carrying out of particular activities on particular land in a GHG 23
permit's area may not be authorised following the taking of the land 24
under a resumption law. See section 369B.'. 25
Page 42
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 2 Amendments commencing on assent
Part 3 Amendment of Greenhouse Gas Storage Act 2009
[s 28]
Clause 28 Amendment of s 40 (Deciding whether to grant GHG 1
permit) 2
Section 40(2)-- 3
insert-- 4
`Note-- 5
If a tender relates to acquired land, see also section 369C.'. 6
Clause 29 Amendment of s 44 (Area of GHG permit) 7
Section 44(2) and (5)-- 8
insert-- 9
`Note-- 10
See also section 369B(3) if land in the GHG permit's area is taken under 11
a resumption law.'. 12
Clause 30 Amendment of s 45 (References to sub-blocks of GHG 13
permit) 14
Section 45(2)-- 15
insert-- 16
`Note-- 17
See also section 369B(3) if land in the GHG permit's area is taken under 18
a resumption law.'. 19
Clause 31 Amendment of s 96 (Deciding application) 20
Section 96(2)-- 21
insert-- 22
`Note-- 23
If the application relates to acquired land, see also section 369C.'. 24
Page 43
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 2 Amendments commencing on assent
Part 3 Amendment of Greenhouse Gas Storage Act 2009
[s 32]
Clause 32 Amendment of s 97 (Provisions and term of renewed 1
GHG permit) 2
Section 97(3)-- 3
insert-- 4
`Note-- 5
See, however, section 369C in relation to acquired land that was 6
previously in the area of the GHG permit being renewed.'. 7
Clause 33 Amendment of s 109 (Operation of pt 1) 8
Section 109, after note 2-- 9
insert-- 10
`3 The carrying out of particular activities on particular land in the 11
GHG lease's area may not be authorised following the taking of the 12
land under a resumption law. See section 369B.'. 13
Clause 34 Amendment of s 113 (Who may apply) 14
Section 113(1)-- 15
insert-- 16
`Note-- 17
For inclusion of acquired land that was previously in the GHG permit's 18
area, see section 369C(3).'. 19
Clause 35 Amendment of s 117 (Deciding whether to grant GHG 20
lease) 21
Section 117(1)-- 22
insert-- 23
`Note-- 24
If the application relates to acquired land that was previously in the 25
relevant GHG permit's area, see also section 369C.'. 26
Page 44
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 2 Amendments commencing on assent
Part 3 Amendment of Greenhouse Gas Storage Act 2009
[s 36]
Clause 36 Amendment of s 130 (Deciding whether to grant GHG 1
lease) 2
Section 130(2)-- 3
insert-- 4
`Note-- 5
If a tender relates to acquired land, see also section 369C.'. 6
Clause 37 Amendment of s 135 (Area of GHG lease) 7
Section 135(2) and (5)-- 8
insert-- 9
`Note-- 10
See also section 369B(3) if land in the GHG lease's area is taken under a 11
resumption law.'. 12
Clause 38 Amendment of s 136 (References to sub-blocks of GHG 13
lease) 14
Section 136(2)-- 15
insert-- 16
`Note-- 17
See also section 369B(3) if land in the GHG lease's area is taken under a 18
resumption law.'. 19
Clause 39 Amendment of s 235 (Deciding application) 20
Section 235(2)-- 21
insert-- 22
`Note-- 23
If the application relates to acquired land, see also section 369C.'. 24
Clause 40 Amendment of s 238 (Key authorised activities) 25
Section 238, after note 2-- 26
Page 45
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 2 Amendments commencing on assent
Part 3 Amendment of Greenhouse Gas Storage Act 2009
[s 41]
insert-- 1
`3 The carrying out of particular activities on particular land in the 2
GHG data acquisition authority's area may not be authorised 3
following the taking of the land under a resumption law. See section 4
369B.'. 5
Clause 41 Amendment of s 339 (GHG register) 6
Section 339(1)-- 7
insert-- 8
`(d) acquired land.'. 9
Clause 42 Insertion of new ss 369A-369D 10
After section 369-- 11
insert-- 12
`369A Extinguishing GHG interests on the taking of land in 13
a GHG authority's area (other than by an easement) 14
`(1) This section applies to the taking of land, other than by taking 15
or otherwise creating an easement, under a resumption law. 16
`(2) Despite any other Act, the taking of land does not extinguish 17
GHG interests other than to the extent, if any, provided for in 18
the resumption notice for the taking of the land. 19
`(3) The resumption notice for the taking of land may provide for 20
the extinguishment of a GHG interest on the taking only to the 21
extent the relevant Minister for the taking is satisfied the 22
interest is incompatible with the purpose for which the land is 23
taken. 24
`(4) Without limiting the application of subsection (3), the relevant 25
Minister may be satisfied a GHG interest is incompatible with 26
the purpose for which the land is taken if, for that purpose, it 27
is necessary to extinguish all interests in the land, including 28
native title rights and interests. 29
`(5) A GHG interest may be-- 30
Page 46
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 2 Amendments commencing on assent
Part 3 Amendment of Greenhouse Gas Storage Act 2009
[s 42]
(a) wholly extinguished; or 1
(b) partially extinguished by-- 2
(i) excluding land from the land the subject of the 3
interest; or 4
(ii) prohibiting the carrying out of activities by the 5
holder of the interest. 6
`(6) The resumption notice for the taking of land may provide for 7
the extinguishment of GHG interests by reference to either or 8
both of the following-- 9
(a) stated land, which-- 10
(i) may be all or part of the land that is taken; and 11
(ii) if the stated land is only part of the land that is 12
taken--may be described in the resumption notice 13
in any way, including, for example-- 14
(A) as a shape that does not constitute a block or 15
sub-block; or 16
(B) by using 3 dimensionally located points to 17
identify the position, shape and dimensions 18
of each boundary; 19
(b) stated GHG interests, which may be all GHG interests 20
or GHG interests of a particular type. 21
`(7) For the taking of land for which GHG interests are 22
extinguished as provided by this section-- 23
(a) each person's interest in an extinguished GHG interest is 24
converted into a right to claim compensation under the 25
resumption law; and 26
(b) the resumption law applies with necessary and 27
convenient changes and with the changes mentioned in 28
subsections (8) and (9) and section 369D. 29
`(8) The notice of intention to resume for the proposed taking of 30
the land must state the extent to which the GHG interests are 31
proposed to be extinguished. 32
Page 47
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 2 Amendments commencing on assent
Part 3 Amendment of Greenhouse Gas Storage Act 2009
[s 42]
`(9) The entity taking the land must give the chief executive a 1
notice that-- 2
(a) states the details of the extinguishment; and 3
(b) asks for the extinguishment to be recorded in the GHG 4
register; and 5
(c) is accompanied by a certified copy of the resumption 6
notice. 7
`(10) In this section-- 8
certified copy, of the resumption notice, means a copy of the 9
original of the notice that has been certified by a justice of the 10
peace as being a correct copy of the original notice. 11
relevant Minister, for the taking of land under a resumption 12
law, means-- 13
(a) if the land is taken under the process stated in the ALA 14
(whether the land is taken under the ALA or another 15
resumption law)--the Minister to whom the application 16
that the land be taken is made under section 9 of that 17
Act; or 18
(b) otherwise--the Minister administering the resumption 19
law under which the land is, or is to be, taken. 20
`369B Effect of extinguishment of GHG interests on the 21
taking of land in a GHG authority's area (other than 22
by taking an easement) 23
`(1) This section applies if, under section 369A, the resumption 24
notice for the taking of land (other than by taking or otherwise 25
creating an easement) under a resumption law provides for the 26
extinguishment of GHG interests for stated land. 27
`(2) If the resumption notice states that all GHG interests relating 28
to the stated land are extinguished and a GHG interest relates 29
only to the stated land, the interest is wholly extinguished. 30
Page 48
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 2 Amendments commencing on assent
Part 3 Amendment of Greenhouse Gas Storage Act 2009
[s 42]
`(3) If the resumption notice states that all GHG interests relating 1
to the stated land are extinguished and a GHG interest relates 2
to the stated land and other land-- 3
(a) the stated land is no longer the subject of the interest; 4
and 5
(b) without limiting paragraph (a)-- 6
(i) the stated land is excluded from the area of the 7
GHG authority comprising the interest, or under or 8
in relation to which the interest exists; and 9
(ii) this Act applies, in relation to the area of the GHG 10
authority, with necessary and convenient changes 11
to allow for the exclusion of the stated land, 12
including, for example, to allow the area to include 13
a part of a block or sub-block if the part is what is 14
left after the stated land is excluded from the area. 15
`(4) If the resumption notice states that the carrying out of stated 16
activities on the stated land by holders of stated GHG interests 17
is prohibited, the holder of a stated GHG interest is not, or is 18
no longer, authorised to carry out the stated activities on the 19
stated land. 20
`(5) However, subsections (3) and (4) do not apply in relation to a 21
GHG interest that comprises, or exists under or in relation to, 22
a new or renewed GHG authority granted after the land is 23
taken. 24
`369C Applications relating to land taken under a resumption 25
law for which GHG interests were extinguished 26
`(1) The Minister may, under a grant provision, grant a new GHG 27
authority for an area that includes acquired land only if the 28
Minister, after consulting the entity that took the land, is 29
satisfied the grant of the authority is compatible with the 30
purpose for which the land is being or is to be used. 31
`(2) If there are 2 or more applications under this Act for the grant, 32
under a grant provision, of a new GHG authority for an area 33
Page 49
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 2 Amendments commencing on assent
Part 3 Amendment of Greenhouse Gas Storage Act 2009
[s 42]
that includes the same acquired land, the applications are to be 1
dealt with as follows-- 2
(a) the applications must be considered and decided 3
according to the day on which they are made; 4
(b) if the applications were made on the same day-- 5
(i) they take the priority the Minister decides, after 6
considering the relative merits of each application; 7
and 8
(ii) the Minister must give each applicant a notice 9
stating there is competition for priority between the 10
applicant's application and another application, or 11
other applications, made on the same day as the 12
day on which the applicant's application was 13
made. 14
`(3) If a grant provision provides for the grant of a new GHG 15
authority (the new authority) over land in the area of an 16
existing GHG authority (the existing authority)-- 17
(a) the application under this Act for the new authority may 18
include acquired land that was, immediately before the 19
taking of the land, in the existing authority's area; and 20
(b) subject to subsections (1) and (2), the Minister may 21
grant the new authority for an area that includes the 22
acquired land as if the acquired land were in the existing 23
authority's area. 24
`(4) To remove any doubt, it is declared that this section does not 25
affect the operation of the provisions of this Act about the 26
application for, and grant of, a new GHG authority other than 27
to the extent provided for in subsections (1) to (3). 28
`(5) In this section-- 29
grant provision means a provision of this Act providing for 30
the grant of a new GHG authority. 31
new GHG authority includes a renewed GHG authority. 32
Page 50
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 2 Amendments commencing on assent
Part 3 Amendment of Greenhouse Gas Storage Act 2009
[s 43]
`369D Compensation for effect of taking of land in a GHG 1
authority's area on GHG interests 2
`(1) This section applies if land in a GHG authority's area is taken 3
under a resumption law (including by taking or otherwise 4
creating an easement). 5
`(2) In assessing any compensation to be paid to the holder of a 6
GHG interest in relation to the taking of the land, allowance 7
can not be made for the value of a GHG storage reservoir 8
known or supposed to be in the land.'. 9
Clause 43 Insertion of new ch 8, pt 3 10
Chapter 8-- 11
insert-- 12
`Part 3 Transitional provisions for 13
Mines Legislation 14
(Streamlining) Amendment Act 15
2012 16
`Division 1 Preliminary 17
`441 Definitions for pt 3 18
`In this part-- 19
amending Act means the Mines Legislation (Streamlining) 20
Amendment Act 2012. 21
commencement means the commencement of the section in 22
which the term is used. 23
former, in relation to a provision, means the provision as in 24
force before the commencement of the section in which the 25
term is used. 26
Page 51
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 2 Amendments commencing on assent
Part 3 Amendment of Greenhouse Gas Storage Act 2009
[s 43]
`Division 2 Transitional provisions for 1
amendments in amending Act 2
commencing on assent 3
`442 Land in a GHG authority's area taken before the 4
commencement 5
`(1) This section applies if-- 6
(a) land in a GHG authority's area was taken under a 7
resumption law before the commencement; and 8
(b) at the commencement, the entity taking the land has not 9
taken action indicating the GHG authority was 10
extinguished (wholly or partly) when the land was 11
taken. 12
Examples of action for paragraph (b)-- 13
· serving a copy of the resumption notice for the taking of the 14
land on the GHG authority holder (in the holder's capacity 15
as the holder of the authority) 16
· entering into an agreement under the ALA, section 15 with 17
the GHG authority holder for the taking of the land 18
· negotiating, or taking other action relating to, the 19
compensation payable to the GHG authority holder for the 20
taking of the land 21
· paying compensation to the GHG authority holder for the 22
taking of the land 23
· arranging for the taking of the land to be recorded in the 24
GHG register against the GHG authority 25
`(2) The taking of the land did not extinguish (wholly or partly) 26
the GHG authority or any other GHG interest relating to the 27
authority. 28
`(3) Subsection (2) does not affect the ending of a GHG interest 29
(wholly or partly) in any other way, including, for example-- 30
(a) by the entity taking the land acquiring the GHG interest 31
(wholly or partly) under a separate commercial 32
Page 52
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 2 Amendments commencing on assent
Part 3 Amendment of Greenhouse Gas Storage Act 2009
[s 44]
agreement or other arrangement with the holder of the 1
interest; or 2
(b) by the GHG interest holder surrendering the interest 3
(wholly or partly) under this Act. 4
`443 Land in a GHG authority's area for which notice of 5
intention to resume given before the commencement 6
`(1) This section applies if-- 7
(a) before the commencement, an entity gave a notice of 8
intention to resume for the proposed taking, under a 9
resumption law, of land in a GHG authority's area; and 10
(b) at the commencement, the land had not been taken 11
under the resumption law. 12
`(2) If the land is taken other than by taking or otherwise creating 13
an easement, sections 369A to 369D apply in relation to the 14
taking, except that the resumption notice for the taking may 15
provide for the extinguishment of a GHG interest on the 16
taking even if the notice of intention to resume does not 17
comply with section 369A(8). 18
`(3) If the land is taken by taking or otherwise creating an 19
easement, section 369D applies in relation to the taking.'. 20
Clause 44 Amendment of sch 2 (Dictionary) 21
Schedule 2-- 22
insert-- 23
`acquired land-- 24
1 Land is acquired land if-- 25
(a) it was taken under a resumption law, other than by 26
taking or otherwise creating an easement; and 27
(b) under section 369A, all GHG interests relating to 28
the land were extinguished on the taking. 29
Page 53
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 2 Amendments commencing on assent
Part 3 Amendment of Greenhouse Gas Storage Act 2009
[s 44]
2 However, land mentioned in paragraph 1 stops being 1
acquired land if it is included in the area of a new or 2
renewed GHG tenure granted under this Act. 3
ALA means the Acquisition of Land Act 1967. 4
GHG interest means-- 5
(a) a GHG authority; or 6
(b) a right existing under, or in relation to, a GHG authority. 7
notice of intention to resume, for the proposed taking of land 8
under a resumption law, means-- 9
(a) if the land is taken under the process stated in the ALA 10
(whether the land is taken under the ALA or another 11
resumption law)--the notice of intention to resume 12
under the ALA; or 13
(b) otherwise--the notice, however named, required to be 14
given under the resumption law to notify persons of the 15
proposed taking. 16
resumption law-- 17
(a) means a law that provides for the compulsory 18
acquisition of land, including, for example, the 19
following-- 20
(i) the ALA, including as applied by another law 21
providing for an entity to take land under the ALA 22
as if the entity were a constructing authority under 23
the ALA; 24
Examples of other laws for subparagraph (i)-- 25
· Electricity Act 1994, section 116 26
· South-East Queensland Water (Distribution and 27
Retail Restructuring) Act 2009, section 53AY 28
(ii) the Land Act 1994, chapter 5, part 3, division 3; 29
(iii) the Petroleum and Gas (Production and Safety) Act 30
2004, sections 456 to 458; 31
Page 54
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 2 Amendments commencing on assent
Part 4 Amendment of Land Act 1994
[s 45]
(iv) the Queensland Reconstruction Authority Act 1
2011, section 99; 2
(v) the State Development and Public Works 3
Organisation Act 1971, section 82 or 125; 4
(vi) the Transport Planning and Coordination Act 5
1994, section 25 or 26; but 6
(b) does not include the Land Act 1994, chapter 5, part 3, 7
divisions 1 and 2. 8
resumption notice, for the taking of land under a resumption 9
law, means-- 10
(a) if the land is taken under the process stated in the ALA 11
(whether the land is taken under the ALA or another 12
resumption law)--the gazette resumption notice under 13
the ALA for the taking; or 14
(b) otherwise--the instrument giving effect to the taking. 15
take, in relation to land, includes acquire.'. 16
Part 4 Amendment of Land Act 1994 17
Clause 45 Act amended 18
This part amends the Land Act 1994. 19
Clause 46 Amendment of s 230 (Effect of resumption of 20
possession) 21
Section 230(1)-- 22
insert-- 23
`Note-- 24
See, however-- 25
Page 55
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 2 Amendments commencing on assent
Part 5 Amendment of Mineral Resources Act 1989
[s 47]
(a) the Geothermal Energy Act 2010, sections 350A and 350B in 1
relation to geothermal interests under that Act; and 2
(b) the Greenhouse Gas Storage Act 2009, sections 369A and 369B in 3
relation to GHG interests under that Act; and 4
(c) the Mineral Resources Act 1989, sections 10AAA and 10AAB in 5
relation to mining tenement interests under that Act; and 6
(d) the Petroleum Act 1923, sections 124A and 124B in relation to 1923 7
Act petroleum interests under that Act; and 8
(e) the Petroleum and Gas (Production and Safety) Act 2004, sections 9
30AA and 30AB in relation to petroleum interests under that Act.'. 10
Part 5 Amendment of Mineral 11
Resources Act 1989 12
Clause 47 Act amended 13
This part amends the Mineral Resources Act 1989. 14
Note-- 15
See also the amendments in-- 16
(a) chapter 3, part 4; and 17
(b) chapter 4; and 18
(c) schedules 1 to 3. 19
Clause 48 Insertion of new ss 10AAA-10AAD 20
After section 10-- 21
insert-- 22
`10AAA Extinguishing mining tenement interests on the taking 23
of land in a mining tenement's area (other than by an 24
easement) 25
`(1) This section applies to the taking of land, other than by taking 26
or otherwise creating an easement, under a resumption law. 27
Page 56
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 2 Amendments commencing on assent
Part 5 Amendment of Mineral Resources Act 1989
[s 48]
`(2) Despite any other Act, the taking of land does not extinguish 1
mining tenement interests other than to the extent, if any, 2
provided for in the resumption notice for the taking of the 3
land. 4
`(3) The resumption notice for the taking of land may provide for 5
the extinguishment of a mining tenement interest on the 6
taking only to the extent the relevant Minister for the taking is 7
satisfied the interest is incompatible with the purpose for 8
which the land is taken. 9
`(4) Without limiting the application of subsection (3), the relevant 10
Minister may be satisfied a mining tenement interest is 11
incompatible with the purpose for which the land is taken if, 12
for that purpose, it is necessary to extinguish all interests in 13
the land, including native title rights and interests. 14
`(5) A mining tenement interest may be-- 15
(a) wholly extinguished; or 16
(b) partially extinguished by-- 17
(i) excluding land from the land the subject of the 18
interest; or 19
(ii) prohibiting the carrying out of activities by the 20
holder of the interest. 21
`(6) The resumption notice for the taking of land may provide for 22
the extinguishment of mining tenement interests by reference 23
to either or both of the following-- 24
(a) stated land, which-- 25
(i) may be all or part of the land that is taken; and 26
(ii) if the stated land is only part of the land that is 27
taken--may be described in the resumption notice 28
in any way, including, for example-- 29
(A) as a shape that does not constitute a block or 30
sub-block; or 31
Page 57
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 2 Amendments commencing on assent
Part 5 Amendment of Mineral Resources Act 1989
[s 48]
(B) by using 3 dimensionally located points to 1
identify the position, shape and dimensions 2
of each boundary; 3
(b) stated mining tenement interests, which may be all 4
mining tenement interests or mining tenement interests 5
of a particular type. 6
`(7) For the taking of land for which mining tenement interests are 7
extinguished as provided by this section-- 8
(a) each person's interest in an extinguished mining 9
tenement interest is converted into a right to claim 10
compensation under the resumption law; and 11
(b) the resumption law applies with necessary and 12
convenient changes and with the changes mentioned in 13
subsections (8) and (9) and section 10AAD. 14
`(8) The notice of intention to resume for the proposed taking of 15
the land must state the extent to which the mining tenement 16
interests are proposed to be extinguished. 17
`(9) The entity taking the land must give the chief executive a 18
written notice that-- 19
(a) states the details of the extinguishment; and 20
(b) asks for the extinguishment to be recorded in the 21
register; and 22
(c) is accompanied by a certified copy of the resumption 23
notice. 24
`(10) In this section-- 25
certified copy, of the resumption notice, means a copy of the 26
original of the notice that has been certified by a justice of the 27
peace as being a correct copy of the original notice. 28
relevant Minister, for the taking of land under a resumption 29
law, means-- 30
(a) if the land is taken under the process stated in the ALA 31
(whether the land is taken under the ALA or another 32
resumption law)--the Minister to whom the application 33
Page 58
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 2 Amendments commencing on assent
Part 5 Amendment of Mineral Resources Act 1989
[s 48]
that the land be taken is made under section 9 of that 1
Act; or 2
(b) otherwise--the Minister administering the resumption 3
law under which the land is, or is to be, taken. 4
`10AAB Effect of extinguishment of mining tenement interests 5
on the taking of land in a mining tenement's area 6
(other than by an easement) 7
`(1) This section applies if, under section 10AAA, the resumption 8
notice for the taking of land (other than by taking or otherwise 9
creating an easement) under a resumption law provides for the 10
extinguishment of mining tenement interests for stated land. 11
`(2) If the resumption notice states that all mining tenement 12
interests relating to the stated land are extinguished and a 13
mining tenement interest relates only to the stated land, the 14
interest is wholly extinguished. 15
`(3) If the resumption notice states that all mining tenement 16
interests relating to the stated land are extinguished and a 17
mining tenement interest relates to the stated land and other 18
land-- 19
(a) the stated land is no longer the subject of the interest; 20
and 21
(b) without limiting paragraph (a)-- 22
(i) the stated land is excluded from the area of the 23
mining tenement comprising the interest, or under 24
or in relation to which the interest exists; and 25
(ii) this Act applies in relation to the area of the mining 26
tenement with necessary and convenient changes 27
to allow for the exclusion of the stated land, 28
including, for example, to allow the area-- 29
(A) to include a part of a block or sub-block if 30
the part is what is left after the stated land is 31
excluded from the area; or 32
(B) to comprise land that is not contiguous; and 33
Page 59
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 2 Amendments commencing on assent
Part 5 Amendment of Mineral Resources Act 1989
[s 48]
(iii) for this Act, land in the area of the mining 1
tenement is taken to be contiguous if the land 2
would be contiguous but for the exclusion of the 3
stated land. 4
`(4) If the resumption notice states that the carrying out of stated 5
activities on the stated land by holders of stated mining 6
tenement interests is prohibited, the holder of a stated mining 7
tenement interest is not, or is no longer, authorised to carry 8
out the stated activities on the stated land. 9
`(5) However, subsections (3) and (4) do not apply in relation to a 10
mining tenement interest that comprises, or exists under or in 11
relation to, a new or renewed mining tenement granted after 12
the land is taken. 13
`10AAC Applications relating to land taken under a resumption 14
law for which mining tenement interests were 15
extinguished 16
`(1) The decision-maker for an application for a new mining 17
tenement may, under a grant provision, grant a new mining 18
tenement for an area that includes acquired land only if the 19
decision-maker, after consulting the entity that took the land, 20
is satisfied the grant of the tenement is compatible with the 21
purpose for which the land is being or is to be used. 22
`(2) If there are 2 or more applications under this Act for the grant, 23
under a grant provision, of a new mining tenement for an area 24
that includes the same acquired land, the applications are to be 25
dealt with as follows-- 26
(a) the applications must be considered and decided 27
according to the day on which they are lodged; 28
(b) if the applications were lodged on the same day-- 29
(i) they take the priority the decision-maker decides, 30
after considering the relative merits of each 31
application; and 32
(ii) the mining registrar must give each applicant a 33
written notice stating there is competition for 34
Page 60
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 2 Amendments commencing on assent
Part 5 Amendment of Mineral Resources Act 1989
[s 48]
priority between the applicant's application and 1
another application, or other applications, lodged 2
on the same day as the day on which the 3
applicant's application was lodged. 4
`(3) If a grant provision provides for the grant of a new mining 5
tenement (the new tenement) over land in the area of an 6
existing mining tenement (the existing tenement)-- 7
(a) the application under this Act for the new tenement may 8
include acquired land that was, immediately before the 9
taking of the land, in the existing tenement's area; and 10
(b) subject to subsections (1) and (2), the decision-maker 11
for the application may grant a new tenement for an area 12
that includes the acquired land as if the acquired land 13
were in the existing tenement's area. 14
`(4) To remove any doubt, it is declared that this section does not 15
affect the operation of the provisions of this Act about the 16
application for, and grant of, a new mining tenement other 17
than to the extent provided for in subsections (1) to (3). 18
`(5) In this section-- 19
decision-maker, for an application for a new mining 20
tenement, means the entity responsible for granting the 21
tenement. 22
grant provision means a provision of this Act providing for 23
the grant of a new mining tenement. 24
new mining tenement includes a renewed mining tenement. 25
`10AAD Compensation for effect of taking of land in a mining 26
tenement's area on mining tenement interests 27
`(1) This section applies if land in a mining tenement's area is 28
taken under a resumption law (including by taking or 29
otherwise creating an easement). 30
`(2) In assessing any compensation to be paid to the holder of a 31
mining tenement interest in relation to the taking of the land, 32
allowance can not be made for the value of minerals known or 33
Page 61
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 2 Amendments commencing on assent
Part 5 Amendment of Mineral Resources Act 1989
[s 49]
supposed to be on or below the surface of, or mined from, the 1
land.'. 2
Clause 49 Amendment of s 24 (Grant of prospecting permit) 3
Section 24(1)-- 4
insert-- 5
`Note-- 6
If the application relates to acquired land, see also section 10AAC.'. 7
Clause 50 Amendment of s 48 (Land subject to mining claim) 8
(1) Section 48(1)-- 9
insert-- 10
`Note-- 11
For inclusion of acquired land that was previously in the area of a 12
prospecting permit or prospecting permits, see section 10AAC(3).'. 13
(2) Section 48(2)-- 14
insert-- 15
`Note-- 16
However, see section 10AAB(3) if land in the area of the mining claim 17
is taken under a resumption law.'. 18
Clause 51 Amendment of s 74 (Grant of mining claim to which no 19
objection is lodged) 20
Section 74(2)-- 21
insert-- 22
`Note-- 23
If the application relates to acquired land, see also section 10AAC.'. 24
Page 62
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 2 Amendments commencing on assent
Part 5 Amendment of Mineral Resources Act 1989
[s 52]
Clause 52 Amendment of s 80 (Grant of mining claim at instruction 1
of Land Court or with consent of Governor in Council) 2
Section 80(1)-- 3
insert-- 4
`Note-- 5
However, if the application relates to acquired land, see also section 6
10AAC.'. 7
Clause 53 Amendment of s 93 (Renewal of mining claim) 8
Section 93(4)-- 9
insert-- 10
`Note-- 11
If the application relates to acquired land, see also section 10AAC.'. 12
Clause 54 Amendment of s 137 (Grant of exploration permit) 13
Section 137(3), note-- 14
omit, insert-- 15
`Notes-- 16
1 Under section 144, an exploration permit can not be granted until 17
the applicant has deposited security decided under that section. 18
2 If the application relates to acquired land, see also section 10AAC.'. 19
Clause 55 Amendment of s 139 (Periodic reduction in land covered 20
by exploration permit) 21
Section 139(2)-- 22
insert-- 23
`Note-- 24
See, however, section 10AAB(3) if land in the exploration permit is 25
taken under a resumption law.'. 26
Page 63
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 2 Amendments commencing on assent
Part 5 Amendment of Mineral Resources Act 1989
[s 56]
Clause 56 Amendment of s 140 (Voluntary reduction in land covered 1
by exploration permit) 2
Section 140(2)-- 3
insert-- 4
`Note-- 5
See, however, section 10AAB(3) if land in the exploration permit is 6
taken under a resumption law.'. 7
Clause 57 Amendment of s 186 (Minister may grant or refuse 8
application) 9
Section 186(3), note-- 10
omit, insert-- 11
`Notes-- 12
1 Under section 190, a mineral development licence can not be 13
granted until the applicant has deposited security decided under that 14
section. 15
2 If the application relates to acquired land, see also section 10AAC.'. 16
Clause 58 Amendment of s 197A (Decision on application) 17
Section 197A(1)-- 18
insert-- 19
`Note-- 20
However, if the application relates to acquired land, see also section 21
10AAC.'. 22
Clause 59 Amendment of s 232 (Land subject to mining lease) 23
Section 232(1)-- 24
insert-- 25
`Notes-- 26
1 See section 10AAB(3) if land in the relevant mining tenement is not 27
contiguous following the taking of land under a resumption law. 28
Page 64
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 2 Amendments commencing on assent
Part 5 Amendment of Mineral Resources Act 1989
[s 60]
2 For inclusion of acquired land that was previously in the relevant 1
mining tenement's area, see section 10AAC(3).'. 2
Clause 60 Amendment of s 271 (Minister to consider application for 3
grant of mining lease) 4
Section 271(3)-- 5
insert-- 6
`Note-- 7
However, if the application relates to acquired land, see section 8
10AAC.'. 9
Clause 61 Amendment of s 286A (Decision on application) 10
Section 286A(1)-- 11
insert-- 12
`Note-- 13
If the application relates to acquired land, see also section 10AAC.'. 14
Clause 62 Amendment of s 387 (Registers to be maintained) 15
Section 387(2)-- 16
insert-- 17
`(f) acquired land.'. 18
Clause 63 Insertion of new pt 19, div 16 19
Part 19-- 20
insert-- 21
Page 65
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 2 Amendments commencing on assent
Part 5 Amendment of Mineral Resources Act 1989
[s 63]
`Division 16 Transitional provisions for Mines 1
Legislation (Streamlining) 2
Amendment Act 3
2012--amendments commencing 4
on assent 5
`788 Definitions for div 16 6
`In this division-- 7
amending Act means the Mines Legislation (Streamlining) 8
Amendment Act 2012. 9
commencement means the commencement of this section. 10
`789 Particular land in a mining tenement's area taken 11
before the commencement 12
`(1) This section applies if-- 13
(a) land in the area of a mining tenement was taken under a 14
resumption law before the commencement; and 15
(b) at the commencement, the entity taking the land has not 16
taken action indicating the mining tenement was 17
extinguished (wholly or partly) when the land was 18
taken. 19
Examples of action for paragraph (b)-- 20
· serving a copy of the resumption notice for the taking of the 21
land on the mining tenement holder (in the holder's capacity 22
as the holder of the tenement) 23
· entering into an agreement under the ALA, section 15 with 24
the mining tenement holder for the taking of the land 25
· negotiating, or taking other action relating to, the 26
compensation payable to the mining tenement holder for the 27
taking of the land 28
· paying compensation to the mining tenement holder for the 29
taking of the land 30
Page 66
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 2 Amendments commencing on assent
Part 5 Amendment of Mineral Resources Act 1989
[s 63]
· arranging for the taking of the land to be recorded in the 1
register against the mining tenement 2
`(2) However, this section does not apply in relation to the taking 3
of land in the area of a mining lease for a transport 4
infrastructure purpose. 5
`(3) The taking of the land did not extinguish (wholly or partly) 6
the mining tenement or any other mining tenement interest 7
relating to the tenement. 8
`(4) Subsection (3) does not affect the ending of a mining 9
tenement interest (wholly or partly) in any other way, 10
including, for example-- 11
(a) by the entity taking the land acquiring the mining 12
tenement interest (wholly or partly) under a separate 13
commercial agreement or other arrangement with the 14
holder of the interest; or 15
(b) by the mining tenement interest holder surrendering the 16
interest (wholly or partly) under this Act. 17
`(5) In this section-- 18
transport infrastructure purpose means a purpose relating to 19
transport infrastructure within the meaning of the Transport 20
Infrastructure Act 1994. 21
`790 Land in a mining tenement's area for which notice of 22
intention to resume given before the commencement 23
`(1) This section applies if-- 24
(a) before the commencement, an entity gave a notice of 25
intention to resume for the proposed taking, under a 26
resumption law, of land in a mining tenement's area; and 27
(b) at the commencement, the land had not been taken 28
under the resumption law. 29
`(2) If the land is taken other than by taking or otherwise creating 30
an easement, sections 10AAA to 10AAD apply in relation to 31
the taking, except that the resumption notice for the taking 32
Page 67
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 2 Amendments commencing on assent
Part 5 Amendment of Mineral Resources Act 1989
[s 64]
may provide for the extinguishment of a mining tenement 1
interest on the taking even if the notice of intention to resume 2
does not comply with section 10AAA(8). 3
`(3) If the land is taken by taking or otherwise creating an 4
easement, section 10AAD applies in relation to the taking.'. 5
Clause 64 Amendment of sch 2 (Dictionary) 6
(1) Schedule 2-- 7
insert-- 8
`acquired land-- 9
1 Land is acquired land if-- 10
(a) it was taken under a resumption law, other than by 11
taking or otherwise creating an easement; and 12
(b) under section 10AAA, all mining tenement 13
interests relating to the land were extinguished on 14
the taking. 15
2 However, land mentioned in paragraph 1 stops being 16
acquired land if it is included in the area of a new or 17
renewed mining tenement granted under this Act. 18
ALA means the Acquisition of Land Act 1967. 19
mining tenement interest means-- 20
(a) a mining tenement; or 21
(b) a right existing under, or in relation to, a mining 22
tenement. 23
notice of intention to resume, for the proposed taking of land 24
under a resumption law, means-- 25
(a) if the land is taken under the process stated in the ALA 26
(whether the land is taken under the ALA or another 27
resumption law)--the notice of intention to resume 28
under the ALA; or 29
Page 68
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 2 Amendments commencing on assent
Part 5 Amendment of Mineral Resources Act 1989
[s 64]
(b) otherwise--the notice, however named, required to be 1
given under the resumption law to notify persons of the 2
proposed taking. 3
resumption law-- 4
(a) means a law that provides for the compulsory 5
acquisition of land, including, for example, the 6
following-- 7
(i) the ALA, including as applied by another law 8
providing for an entity to take land under the ALA 9
as if the entity were a constructing authority under 10
the ALA; 11
Examples of other laws for subparagraph (i)-- 12
· Electricity Act 1994, section 116 13
· South-East Queensland Water (Distribution and 14
Retail Restructuring) Act 2009, section 53AY 15
(ii) the Land Act 1994, chapter 5, part 3, division 3; 16
(iii) the Petroleum and Gas (Production and Safety) Act 17
2004, sections 456 to 458; 18
(iv) the Queensland Reconstruction Authority Act 19
2011, section 99; 20
(v) the State Development and Public Works 21
Organisation Act 1971, section 82 or 125; 22
(vi) the Transport Planning and Coordination Act 23
1994, section 25 or 26; but 24
(b) does not include the Land Act 1994, chapter 5, part 3, 25
divisions 1 and 2. 26
resumption notice, for the taking of land under a resumption 27
law, means-- 28
(a) if the land is taken under the process stated in the ALA 29
(whether the land is taken under the ALA or another 30
resumption law)--the gazette resumption notice under 31
the ALA for the taking; or 32
(b) otherwise--the instrument giving effect to the taking. 33
Page 69
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 2 Amendments commencing on assent
Part 6 Amendment of Petroleum Act 1923
[s 65]
take, in relation to land, includes acquire.'. 1
(2) Schedule 2, definition area, paragraph 1-- 2
insert-- 3
`Note-- 4
See, however, section 10AAB in relation to the exclusion of land 5
from a mining tenement's area following the taking of the land 6
under a resumption law.'. 7
(3) Schedule 2, definition authorised activity, paragraph 1-- 8
insert-- 9
`Note-- 10
The carrying out of particular activities on particular land in a 11
mining tenement's area may not be authorised following the 12
taking of the land under a resumption law. See section 10AAB.'. 13
Part 6 Amendment of Petroleum Act 14
1923 15
Clause 65 Act amended 16
This part amends the Petroleum Act 1923. 17
Note-- 18
See also the amendments in-- 19
(a) chapter 3, part 5; and 20
(b) schedules 1 to 3. 21
Clause 66 Amendment of s 2 (Definitions) 22
(1) Section 2-- 23
insert-- 24
`1923 Act petroleum interest means-- 25
Page 70
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 2 Amendments commencing on assent
Part 6 Amendment of Petroleum Act 1923
[s 66]
(a) a 1923 Act petroleum tenure; or 1
(b) a right existing under, or in relation to, a 1923 Act 2
petroleum tenure. 3
acquired land means land that was taken under a resumption 4
law, other than by taking or otherwise creating an easement, if 5
all petroleum interests relating to the land were extinguished 6
under section 124A. 7
ALA means the Acquisition of Land Act 1967. 8
notice of intention to resume, for the proposed taking of land 9
under a resumption law, means-- 10
(a) if the land is taken under the process stated in the ALA 11
(whether the land is taken under the ALA or another 12
resumption law)--the notice of intention to resume 13
under the ALA; or 14
(b) otherwise--the notice, however named, required to be 15
given under the resumption law to notify persons of the 16
proposed taking. 17
resumption law-- 18
(a) means a law that provides for the compulsory 19
acquisition of land, including, for example, the 20
following-- 21
(i) the ALA, including as applied by another law 22
providing for an entity to take land under the ALA 23
as if the entity were a constructing authority under 24
the ALA; 25
Examples of other laws for subparagraph (i)-- 26
· Electricity Act 1994, section 116 27
· South-East Queensland Water (Distribution and 28
Retail Restructuring) Act 2009, section 53AY 29
(ii) the Land Act 1994, chapter 5, part 3, division 3; 30
(iii) the Petroleum and Gas (Production and Safety) Act 31
2004, sections 456 to 458; 32
Page 71
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 2 Amendments commencing on assent
Part 6 Amendment of Petroleum Act 1923
[s 66]
(iv) the Queensland Reconstruction Authority Act 1
2011, section 99; 2
(v) the State Development and Public Works 3
Organisation Act 1971, section 82 or 125; 4
(vi) the Transport Planning and Coordination Act 5
1994, section 25 or 26; but 6
(b) does not include the Land Act 1994, chapter 5, part 3, 7
divisions 1 and 2. 8
resumption notice, for the taking of land under a resumption 9
law, means-- 10
(a) if the land is taken under the process stated in the ALA 11
(whether the land is taken under the ALA or another 12
resumption law)--the gazette resumption notice under 13
the ALA for the taking; or 14
(b) otherwise--the instrument giving effect to the taking. 15
take, in relation to land, includes acquire.'. 16
(2) Section 2, definition area, paragraph 2-- 17
insert-- 18
`Note-- 19
See also section 124B in relation to the exclusion of land from a 20
1923 Act petroleum tenure's area following the taking of the 21
land under a resumption law.'. 22
(3) Section 2, definition authorised activity, paragraph 1-- 23
insert-- 24
`Note-- 25
The carrying out of particular activities on particular land in a 26
1923 Act petroleum tenure's area may not be authorised 27
following the taking of the land under a resumption law. See 28
section 124B.'. 29
(4) Section 2, definition petroleum register, `section 80C'-- 30
omit, insert-- 31
`section 80A'. 32
Page 72
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 2 Amendments commencing on assent
Part 6 Amendment of Petroleum Act 1923
[s 67]
Clause 67 Amendment of s 18 (Authority to prospect) 1
Section 18(4)-- 2
insert-- 3
`Note-- 4
The carrying out of particular activities on particular land in an authority 5
to prospect's area may not be authorised following the taking of the land 6
under a resumption law. See section 124B.'. 7
Clause 68 Amendment of s 20 (Area of authority to prospect 8
reduced on grant of lease) 9
Section 20(2)-- 10
insert-- 11
`Note-- 12
See also section 124B in relation to the exclusion of land from an 13
authority to prospect's area following the taking of the land under a 14
resumption law.'. 15
Clause 69 Amendment of s 40 (Lease to holder of authority to 16
prospect) 17
Section 40-- 18
insert-- 19
`(6A) However, the approval mentioned in subsection (6) is not 20
required if the land in the authority to prospect's area is not 21
contiguous only because of the exclusion of acquired land 22
from the area.'. 23
Clause 70 Amendment of s 44 (Form etc. of lease) 24
Section 44(1)-- 25
insert-- 26
`Note-- 27
Page 73
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 2 Amendments commencing on assent
Part 6 Amendment of Petroleum Act 1923
[s 71]
The carrying out of particular activities on particular land in a lease's 1
area may not be authorised following the taking of the land under a 2
resumption law. See section 124B.'. 3
Clause 71 Amendment of s 75D (General restriction on carrying out 4
authorised activities) 5
Section 75D-- 6
insert-- 7
`Note-- 8
The carrying out of particular activities on particular land in a 1923 Act 9
petroleum tenure's area may not be authorised following the taking of 10
the land under a resumption law. See section 124B.'. 11
Clause 72 Amendment of s 80A (Petroleum register) 12
Section 80A(1)-- 13
insert-- 14
`(d) acquired land.'. 15
Clause 73 Insertion of new ss 124A-124C 16
Part 9, division 2-- 17
insert-- 18
`124A Extinguishing 1923 Act petroleum interests on the 19
taking of land in a 1923 Act petroleum tenure's area 20
(other than by an easement) 21
`(1) This section applies to the taking of land, other than by taking 22
or otherwise creating an easement, under a resumption law. 23
`(2) Despite any other Act, the taking of land does not extinguish 24
1923 Act petroleum interests other than to the extent, if any, 25
provided for in the resumption notice for the taking of the 26
land. 27
`(3) The resumption notice for the taking of land may provide for 28
the extinguishment of a 1923 Act petroleum interest on the 29
Page 74
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 2 Amendments commencing on assent
Part 6 Amendment of Petroleum Act 1923
[s 73]
taking only to the extent the relevant Minister for the taking is 1
satisfied the interest is incompatible with the purpose for 2
which the land is taken. 3
`(4) Without limiting the application of subsection (3), the relevant 4
Minister may be satisfied a 1923 Act petroleum interest is 5
incompatible with the purpose for which the land is taken if, 6
for that purpose, it is necessary to extinguish all interests in 7
the land, including native title rights and interests. 8
`(5) A 1923 Act petroleum interest may be-- 9
(a) wholly extinguished; or 10
(b) partially extinguished by-- 11
(i) excluding land from the land the subject of the 12
interest; or 13
(ii) prohibiting the carrying out of activities by the 14
holder of the interest. 15
`(6) The resumption notice for the taking of land may provide for 16
the extinguishment of 1923 Act petroleum interests by 17
reference to either or both of the following-- 18
(a) stated land, which-- 19
(i) may be all or part of the land that is taken; and 20
(ii) if the stated land is only part of the land that is 21
taken--may be described in the resumption notice 22
in any way, including, for example-- 23
(A) as a shape that does not constitute a block or 24
sub-block; or 25
(B) by using 3 dimensionally located points to 26
identify the position, shape and dimensions 27
of each boundary; 28
(b) stated 1923 Act petroleum interests, which may be all 29
1923 Act petroleum interests or 1923 Act petroleum 30
interests of a particular type. 31
Page 75
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 2 Amendments commencing on assent
Part 6 Amendment of Petroleum Act 1923
[s 73]
`(7) For the taking of land for which 1923 Act petroleum interests 1
are extinguished as provided by this section-- 2
(a) each person's interest in an extinguished 1923 Act 3
petroleum interest is converted into a right to claim 4
compensation under the resumption law; and 5
(b) the resumption law applies with necessary and 6
convenient changes and with the changes mentioned in 7
subsections (8) and (9) and section 124C. 8
`(8) The notice of intention to resume for the proposed taking of 9
the land must state the extent to which the 1923 Act petroleum 10
interests are proposed to be extinguished. 11
`(9) The entity taking the land must give the chief executive a 12
notice that-- 13
(a) states the details of the extinguishment; and 14
(b) asks for the extinguishment to be recorded in the 15
petroleum register; and 16
(c) is accompanied by a certified copy of the resumption 17
notice. 18
`(10) In this section-- 19
certified copy, of the resumption notice, means a copy of the 20
original of the notice that has been certified by a justice of the 21
peace as being a correct copy of the original notice. 22
relevant Minister, for the taking of land under a resumption 23
law, means-- 24
(a) if the land is taken under the process stated in the ALA 25
(whether the land is taken under the ALA or another 26
resumption law)--the Minister to whom the application 27
that the land be taken is made under section 9 of that 28
Act; or 29
(b) otherwise--the Minister administering the resumption 30
law under which the land is, or is to be, taken. 31
Page 76
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 2 Amendments commencing on assent
Part 6 Amendment of Petroleum Act 1923
[s 73]
`124B Effect of extinguishment of 1923 Act petroleum 1
interests on the taking of land in a 1923 Act 2
petroleum tenure's area (other than by an easement) 3
`(1) This section applies if, under section 124A, the resumption 4
notice for the taking of land (other than by taking or otherwise 5
creating an easement) under a resumption law provides for the 6
extinguishment of 1923 Act petroleum interests for stated 7
land. 8
`(2) If the resumption notice states that all 1923 Act petroleum 9
interests relating to the stated land are extinguished and a 10
1923 Act petroleum interest relates only to the stated land, the 11
interest is wholly extinguished. 12
`(3) If the resumption notice states that all 1923 Act petroleum 13
interests relating to the stated land are extinguished and a 14
1923 Act petroleum interest relates to the stated land and 15
other land-- 16
(a) the stated land is no longer the subject of the interest; 17
and 18
(b) without limiting paragraph (a)-- 19
(i) the stated land is excluded from the area of the 20
1923 Act petroleum tenure comprising the interest, 21
or under or in relation to which the interest exists; 22
and 23
(ii) this Act applies in relation to the area of the 24
petroleum tenure with necessary and convenient 25
changes to allow for the exclusion of the stated 26
land, including, for example, to allow the area-- 27
(A) to include a part of a block or sub-block if 28
the part is what is left after the stated land is 29
excluded from the area; and 30
(B) to comprise land that is not contiguous. 31
`(4) If the resumption notice states that the carrying out of stated 32
activities on the stated land by holders of stated 1923 Act 33
petroleum interests is prohibited, the holder of a stated 1923 34
Page 77
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 2 Amendments commencing on assent
Part 6 Amendment of Petroleum Act 1923
[s 74]
Act petroleum interest is not, or is no longer, authorised to 1
carry out the stated activities on the stated land. 2
`(5) However, subsection (4) does not apply in relation to a 1923 3
Act petroleum interest that comprises, or exists under or in 4
relation to, a new or renewed 1923 Act petroleum tenure 5
granted after the land is taken. 6
`124C Compensation for effect of taking of land in a 1923 7
Act petroleum tenure's area on 1923 Act petroleum 8
interests 9
`(1) This section applies if land in a 1923 Act petroleum tenure's 10
area is taken under a resumption law (including by taking or 11
otherwise creating an easement). 12
`(2) In assessing any compensation to be paid to the holder of a 13
1923 Act petroleum interest in relation to the taking of the 14
land, allowance can not be made for the value of petroleum 15
known or supposed to be on or below the surface of, or 16
produced from, the land.'. 17
Clause 74 Insertion of new pt 14 18
After part 13-- 19
insert-- 20
`Part 14 Transitional provisions for 21
Mines Legislation 22
(Streamlining) Amendment Act 23
2012 24
`Division 1 Preliminary 25
`190 Definitions for pt 14 26
`In this part-- 27
Page 78
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 2 Amendments commencing on assent
Part 6 Amendment of Petroleum Act 1923
[s 74]
amending Act means the Mines Legislation (Streamlining) 1
Amendment Act 2012. 2
commencement means the commencement of the section in 3
which the term is used. 4
former, in relation to a provision, means the provision as in 5
force before the commencement of the section in which the 6
term is used. 7
`Division 2 Transitional provisions for 8
amendments in amending Act 9
commencing on assent 10
`191 Land in a 1923 Act petroleum tenure's area taken 11
before the commencement 12
`(1) This section applies if-- 13
(a) land in a 1923 Act petroleum tenure's area was taken 14
under a resumption law before the commencement; and 15
(b) at the commencement, the entity taking the land has not 16
taken action indicating the 1923 Act petroleum tenure 17
was extinguished (wholly or partly) when the land was 18
taken. 19
Examples of action for paragraph (b)-- 20
· serving a copy of the resumption notice for the taking of the 21
land on the 1923 Act petroleum tenure holder (in the 22
holder's capacity as the holder of the tenure) 23
· entering into an agreement under the ALA, section 15 with 24
the 1923 Act petroleum tenure holder for the taking of the 25
land 26
· negotiating, or taking other action relating to, the 27
compensation payable to the 1923 Act petroleum tenure 28
holder for the taking of the land 29
· paying compensation to the 1923 Act petroleum tenure 30
holder for the taking of the land 31
Page 79
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 2 Amendments commencing on assent
Part 6 Amendment of Petroleum Act 1923
[s 74]
· arranging for the taking of the land to be recorded in the 1
petroleum register against the 1923 Act petroleum tenure 2
`(2) The taking of the land did not extinguish (wholly or partly) 3
the 1923 Act petroleum tenure or any other 1923 Act 4
petroleum interest relating to the tenure. 5
`(3) Subsection (2) does not affect the ending of a 1923 Act 6
petroleum interest (wholly or partly) in any other way, 7
including, for example-- 8
(a) by the entity taking the land acquiring the 1923 Act 9
petroleum interest (wholly or partly) under a separate 10
commercial agreement or other arrangement with the 11
holder of the interest; or 12
(b) by the 1923 Act petroleum interest holder surrendering 13
the interest (wholly or partly) under this Act. 14
`192 Land in a 1923 Act petroleum tenure's area for which 15
notice of intention to resume given before the 16
commencement 17
`(1) This section applies if-- 18
(a) before the commencement, an entity gave a notice of 19
intention to resume for the proposed taking, under a 20
resumption law, of land in a 1923 Act petroleum 21
tenure's area; and 22
(b) at the commencement, the land had not been taken 23
under the resumption law. 24
`(2) If the land is taken other than by taking or otherwise creating 25
an easement, sections 124A to 124C apply in relation to the 26
taking, except that the resumption notice for the taking may 27
provide for the extinguishment of a 1923 Act petroleum 28
interest on the taking even if the notice of intention to resume 29
does not comply with section 124A(8). 30
`(3) If the land is taken by taking or otherwise creating an 31
easement, section 124C applies in relation to the taking.'. 32
Page 80
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 2 Amendments commencing on assent
Part 7 Amendment of Petroleum and Gas (Production and Safety) Act 2004
[s 75]
Part 7 Amendment of Petroleum and 1
Gas (Production and Safety) 2
Act 2004 3
Clause 75 Act amended 4
This part amends the Petroleum and Gas (Production and 5
Safety) Act 2004. 6
Note-- 7
See also the amendments in-- 8
(a) chapter 3, part 6; and 9
(b) schedules 1 to 3. 10
Clause 76 Insertion of new s 15A 11
After section 15-- 12
insert-- 13
`15A What is produced water 14
`(1) Produced water is-- 15
(a) CSG water; or 16
(b) associated water for a petroleum tenure. 17
`(2) A reference to produced water includes-- 18
(a) treated and untreated CSG water; and 19
(b) concentrated saline water produced during the treatment 20
of CSG water.'. 21
Clause 77 Amendment of s 16 (What is a pipeline) 22
Section 16(1)(a), `fuel gas'-- 23
omit, insert-- 24
`fuel gas, produced water'. 25
Page 81
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 2 Amendments commencing on assent
Part 7 Amendment of Petroleum and Gas (Production and Safety) Act 2004
[s 78]
Clause 78 Amendment of s 22 (What is an authorised activity) 1
(1) Section 22(1), note 3-- 2
renumber as section 22(1), note 4. 3
(2) Section 22(1), after note 2-- 4
insert-- 5
`3 The carrying out of particular activities on particular land in a 6
petroleum authority's area may not be authorised following the 7
taking of the land under a resumption law. See section 30AB.'. 8
Clause 79 Insertion of new ss 30AA-30AD 9
After section 30-- 10
insert-- 11
`30AA Extinguishing petroleum interests on the taking of 12
land in a petroleum authority's area (other than by an 13
easement) 14
`(1) This section applies to the taking of land, other than by taking 15
or otherwise creating an easement, under a resumption law. 16
`(2) Despite any other Act, the taking of land does not extinguish 17
petroleum interests other than to the extent, if any, provided 18
for in the resumption notice for the taking of the land. 19
`(3) The resumption notice for the taking of land may provide for 20
the extinguishment of a petroleum interest on the taking only 21
to the extent the relevant Minister for the taking is satisfied the 22
interest is incompatible with the purpose for which the land is 23
taken. 24
`(4) Without limiting the application of subsection (3), the relevant 25
Minister may be satisfied a petroleum interest is incompatible 26
with the purpose for which the land is taken if, for that 27
purpose, it is necessary to extinguish all interests in the land, 28
including native title rights and interests. 29
`(5) A petroleum interest may be-- 30
(a) wholly extinguished; or 31
Page 82
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 2 Amendments commencing on assent
Part 7 Amendment of Petroleum and Gas (Production and Safety) Act 2004
[s 79]
(b) partially extinguished by-- 1
(i) excluding land from the land the subject of the 2
interest; or 3
(ii) prohibiting the carrying out of activities by the 4
holder of the interest. 5
`(6) The resumption notice for the taking of land may provide for 6
the extinguishment of petroleum interests by reference to 7
either or both of the following-- 8
(a) stated land, which-- 9
(i) may be all or part of the land that is taken; and 10
(ii) if the stated land is only part of the land that is 11
taken--may be described in the resumption notice 12
in any way, including, for example-- 13
(A) as a shape that does not constitute a block or 14
sub-block; or 15
(B) by using 3 dimensionally located points to 16
identify the position, shape and dimensions 17
of each boundary; 18
(b) stated petroleum interests, which may be all petroleum 19
interests or petroleum interests of a particular type. 20
`(7) For the taking of land for which petroleum interests are 21
extinguished as provided by this section-- 22
(a) each person's interest in an extinguished petroleum 23
interest is converted into a right to claim compensation 24
under the resumption law; and 25
(b) the resumption law applies with necessary and 26
convenient changes and with the changes mentioned in 27
subsections (8) and (9) and section 30AD. 28
`(8) The notice of intention to resume for the proposed taking of 29
the land must state the extent to which the petroleum interests 30
are proposed to be extinguished. 31
Page 83
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 2 Amendments commencing on assent
Part 7 Amendment of Petroleum and Gas (Production and Safety) Act 2004
[s 79]
`(9) The entity taking the land must give the chief executive a 1
notice that-- 2
(a) states the details of the extinguishment; and 3
(b) asks for the extinguishment to be recorded in the 4
petroleum register; and 5
(c) is accompanied by a certified copy of the resumption 6
notice. 7
`(10) In this section-- 8
certified copy, of the resumption notice, means a copy of the 9
original of the notice that has been certified by a justice of the 10
peace as being a correct copy of the original notice. 11
relevant Minister, for the taking of land under a resumption 12
law, means-- 13
(a) if the land is taken under the process stated in the ALA 14
(whether the land is taken under the ALA or another 15
resumption law)--the Minister to whom the application 16
that the land be taken is made under section 9 of that 17
Act; or 18
(b) otherwise--the Minister administering the resumption 19
law under which the land is, or is to be, taken. 20
`30AB Effect of extinguishment of petroleum interests on the 21
taking of land in a petroleum authority's area (other 22
than by an easement) 23
`(1) This section applies if, under section 30AA, the resumption 24
notice for the taking of land (other than by taking or otherwise 25
creating an easement) under a resumption law provides for the 26
extinguishment of petroleum interests for stated land. 27
`(2) If the resumption notice states that all petroleum interests 28
relating to the stated land are extinguished and a petroleum 29
interest relates only to the stated land, the interest is wholly 30
extinguished. 31
Page 84
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 2 Amendments commencing on assent
Part 7 Amendment of Petroleum and Gas (Production and Safety) Act 2004
[s 79]
`(3) If the resumption notice states that all petroleum interests 1
relating to the stated land are extinguished and a petroleum 2
interest relates to the stated land and other land-- 3
(a) the stated land is no longer the subject of the interest; 4
and 5
(b) without limiting paragraph (a)-- 6
(i) the stated land is excluded from the area of the 7
petroleum authority comprising the interest, or 8
under or in relation to which the interest exists; and 9
(ii) this Act applies, in relation to the area of the 10
petroleum authority, with necessary and 11
convenient changes to allow for the exclusion of 12
the stated land, including, for example-- 13
(A) to allow the area to include a part of a block 14
or sub-block if the part is what is left after 15
the stated land is excluded from the area; and 16
(B) if the stated land, or a part of it, is within a 17
potential commercial area for an authority to 18
prospect--to exclude the stated land or part 19
from the potential commercial area. 20
`(4) If the resumption notice states that the carrying out of stated 21
activities on the stated land by holders of stated petroleum 22
interests is prohibited, the holder of a stated petroleum interest 23
is not, or is no longer, authorised to carry out the stated 24
activities on the stated land. 25
`(5) However, subsections (3) and (4) do not apply in relation to a 26
petroleum interest that comprises, or exists under or in 27
relation to, a new or renewed petroleum authority granted 28
after the land is taken. 29
`30AC Applications relating to land taken under a resumption 30
law for which petroleum interests were extinguished 31
`(1) The Minister may, under a grant provision, grant a petroleum 32
authority for an area that includes acquired land only if the 33
Page 85
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 2 Amendments commencing on assent
Part 7 Amendment of Petroleum and Gas (Production and Safety) Act 2004
[s 79]
Minister, after consulting the entity that took the land, is 1
satisfied the grant of the authority is compatible with the 2
purpose for which the land is being or is to be used. 3
`(2) If there are 2 or more applications under this Act for the grant, 4
under a grant provision, of a new petroleum authority for an 5
area that includes the same acquired land, the applications are 6
to be dealt with as follows-- 7
(a) the applications must be considered and decided 8
according to the day on which they are lodged; 9
(b) if the applications were lodged on the same day-- 10
(i) they take the priority the Minister decides, after 11
considering the relative merits of each application; 12
and 13
(ii) the Minister must give each applicant a notice 14
stating there is competition for priority between the 15
applicant's application and another application, or 16
other applications, lodged on the same day as the 17
day on which the applicant's application was 18
lodged. 19
`(3) If a grant provision provides for the grant of a new petroleum 20
authority (the new authority) over land in the area of an 21
existing petroleum authority or 1923 Act ATP (the existing 22
authority)-- 23
(a) the application under this Act for the new authority may 24
include acquired land that was, immediately before the 25
taking of the land, in the existing authority's area; and 26
(b) subject to subsections (1) and (2), the Minister may 27
grant a new authority for an area that includes the 28
acquired land as if the acquired land were in the existing 29
authority's area. 30
`(4) To remove any doubt, it is declared that this section does not 31
affect the operation of the provisions of this Act about the 32
application for, and grant of, a new petroleum authority other 33
than to the extent provided for in subsections (1) to (3). 34
Page 86
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 2 Amendments commencing on assent
Part 7 Amendment of Petroleum and Gas (Production and Safety) Act 2004
[s 80]
`(5) In this section-- 1
grant provision means a provision of this Act providing for 2
the grant of a new petroleum authority. 3
new petroleum authority includes a renewed petroleum 4
authority. 5
`30AD Compensation for effect of taking of land in a 6
petroleum authority's area on petroleum interests 7
`(1) This section applies if land in a petroleum authority's area is 8
taken (including by taking or otherwise creating an easement) 9
under a resumption law other than sections 456 to 458 of this 10
Act. 11
`(2) In assessing any compensation to be paid to the holder of a 12
petroleum interest in relation to the taking of the land, 13
allowance can not be made for the value of petroleum known 14
or supposed to be in, or produced from, the land. 15
Note-- 16
See section 458(3) in relation to land in a petroleum authority's area 17
taken under sections 456 to 458 of this Act.'. 18
Clause 80 Amendment of s 31 (Operation of div 1) 19
Section 31(1), note-- 20
omit, insert-- 21
`Notes-- 22
1 For other authorised activities, see part 4, chapter 5, part 2, division 23
3 and part 8. 24
2 The carrying out of particular activities on particular land in an 25
authority to prospect's area may not be authorised following the 26
taking of the land under a resumption law. See section 30AB.'. 27
Clause 81 Amendment of s 33 (Incidental activities) 28
Section 33(1), `section 32(1)'-- 29
Page 87
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 2 Amendments commencing on assent
Part 7 Amendment of Petroleum and Gas (Production and Safety) Act 2004
[s 82]
omit, insert-- 1
`section 32(1) for the authority or another authority to 2
prospect'. 3
Clause 82 Amendment of s 41 (Deciding whether to grant authority 4
to prospect) 5
Section 41(2)-- 6
insert-- 7
`Note-- 8
If a tender relates to acquired land, see also section 30AC.'. 9
Clause 83 Amendment of s 84 (Deciding application) 10
Section 84(2)-- 11
insert-- 12
`Note-- 13
If the application relates to acquired land, see also section 30AC.'. 14
Clause 84 Amendment of s 85 (Provisions and term of renewed 15
authority) 16
Section 85(3)-- 17
insert-- 18
`Note-- 19
See, however, section 30AC(3) in relation to acquired land that was 20
previously in the area of the authority to prospect being renewed.'. 21
Clause 85 Amendment of s 98 (Area of authority to prospect) 22
Section 98(2) and (6)-- 23
insert-- 24
`Note-- 25
Page 88
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 2 Amendments commencing on assent
Part 7 Amendment of Petroleum and Gas (Production and Safety) Act 2004
[s 86]
See also section 30AB(3) if land in the authority to prospect's area is 1
taken under a resumption law.'. 2
Clause 86 Amendment of s 108 (Operation of sdiv 1) 3
Section 108(1), note-- 4
omit, insert-- 5
`Notes-- 6
1 For other authorised activities, see part 4, chapter 5, part 2, division 7
3 and part 8. 8
2 The carrying out of particular activities on particular land in a 9
petroleum lease's area may not be authorised following the taking 10
of the land under a resumption law. See section 30AB.'. 11
Clause 87 Replacement of s 110 (Petroleum pipeline and water 12
pipeline construction and operation) 13
Section 110-- 14
omit, insert-- 15
`110 Construction and operation of petroleum pipelines 16
`(1) The lease holder may construct and operate petroleum 17
pipelines in the area of the lease. 18
`(2) However, if a petroleum pipeline extends beyond the area of 19
the lease, subsection (1) applies only if the pipeline is 20
completely within-- 21
(a) the area of the lease; and 22
(b) the area of 1 or more other petroleum leases that-- 23
(i) are also held by the holder of the lease; or 24
(ii) are the subject of a coordination arrangement 25
between the holder of the lease and the holder of 26
each other lease. 27
`(3) In this section-- 28
petroleum pipeline means a pipeline as defined under section 29
16 other than a pipeline for transporting a GHG stream. 30
Page 89
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 2 Amendments commencing on assent
Part 7 Amendment of Petroleum and Gas (Production and Safety) Act 2004
[s 88]
Notes-- 1
1 See also the GHG storage Act, section 386 (Restriction on GHG 2
storage activities). 3
2 For the granting of licences under this Act for pipelines for GHG 4
streams, see sections 16, 394, 400 and 402.'. 5
Clause 88 Insertion of new s 111A 6
After section 111-- 7
insert-- 8
`111A Processing produced water 9
`(1) The lease holder may do each of the following in the area of 10
the lease-- 11
(a) carry out the processing of produced water; 12
(b) construct and operate a facility for the processing and 13
storage of produced water. 14
`(2) Subsection (1) applies for produced water-- 15
(a) produced in or outside the area of the lease; and 16
(b) whether or not it is produced by the lease holder. 17
`(3) In this section-- 18
processing of produced water includes-- 19
(a) treating produced water; and 20
(b) applying mechanical or chemical processes, or energy, 21
to produced water.'. 22
Clause 89 Amendment of s 112 (Incidental activities) 23
Section 112(1), from `incidental to' to `the lease.'-- 24
omit, insert-- 25
`incidental to-- 26
(a) another authorised activity for the lease; or 27
Page 90
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 2 Amendments commencing on assent
Part 7 Amendment of Petroleum and Gas (Production and Safety) Act 2004
[s 90]
(b) an authorised activity for another petroleum lease or an 1
authority to prospect.'. 2
Clause 90 Amendment of s 117 (Who may apply) 3
Section 117(1)-- 4
insert-- 5
`Note-- 6
For inclusion of acquired land that was previously in the authority to 7
prospect's or 1923 Act ATP's area, see section 30AC(3).'. 8
Clause 91 Amendment of s 120 (Right to grant if requirements for 9
grant met) 10
Section 120(1)-- 11
insert-- 12
`Note-- 13
If the application relates to acquired land that was previously in the 14
relevant authority to prospect's or 1923 Act ATP's area, see also section 15
30AC.'. 16
Clause 92 Amendment of s 132 (Deciding whether to grant 17
petroleum lease) 18
Section 132(2)-- 19
insert-- 20
`Note-- 21
If a tender relates to acquired land, see also section 30AC.'. 22
Clause 93 Amendment of s 164 (Deciding application) 23
Section 164(2)-- 24
insert-- 25
`Note-- 26
If the application relates to acquired land, see also section 30AC.'. 27
Page 91
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 2 Amendments commencing on assent
Part 7 Amendment of Petroleum and Gas (Production and Safety) Act 2004
[s 94]
Clause 94 Amendment of s 165 (Provisions and term of renewed 1
lease) 2
Section 165(3)-- 3
insert-- 4
`Note-- 5
See, however, section 30AC(3) in relation to acquired land that was 6
previously in the area of the petroleum lease being renewed.'. 7
Clause 95 Amendment of s 168 (Area of petroleum lease) 8
Section 168(2) and (7)-- 9
insert-- 10
`Note-- 11
See also section 30AB(3) if land in the petroleum lease's area is taken 12
under a resumption law.'. 13
Clause 96 Amendment of s 178 (Deciding application for data 14
acquisition authority) 15
Section 178(2)-- 16
insert-- 17
`Note-- 18
If the application relates to acquired land, see also section 30AC.'. 19
Clause 97 Amendment of s 180 (Key authorised activities) 20
Section 180(3)-- 21
insert-- 22
`Note-- 23
Also, the carrying out of particular activities on particular land in a data 24
acquisition authority's area may not be authorised following the taking 25
of the land under a resumption law. See section 30AB.'. 26
Page 92
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 2 Amendments commencing on assent
Part 7 Amendment of Petroleum and Gas (Production and Safety) Act 2004
[s 98]
Clause 98 Amendment of s 192 (Deciding application for water 1
monitoring authority) 2
Section 192(2)-- 3
insert-- 4
`Note-- 5
If the application relates to acquired land, see also section 30AC.'. 6
Clause 99 Amendment of s 193 (Operation of div 2) 7
Section 193(1), note-- 8
omit, insert-- 9
`Notes-- 10
1 For other authorised activities, see chapter 5, part 2, division 3 and 11
part 8. 12
2 The carrying out of particular activities on particular land in a water 13
monitoring authority's area may not be authorised following the 14
taking of the land under a resumption law. See section 30AB.'. 15
Clause 100 Amendment of s 394 (Surveying activities) 16
Section 394(2)-- 17
insert-- 18
`Note-- 19
Also, the carrying out of particular activities on particular land in a 20
survey licence's area may not be authorised following the taking of the 21
land under a resumption law. See section 30AB.'. 22
Clause 101 Amendment of s 396 (Deciding application) 23
Section 396(2)-- 24
insert-- 25
`Note-- 26
If the application relates to acquired land, see also section 30AC.'. 27
Page 93
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 2 Amendments commencing on assent
Part 7 Amendment of Petroleum and Gas (Production and Safety) Act 2004
[s 102]
Clause 102 Amendment of s 398 (Operation of div 1) 1
Section 398(1), note-- 2
omit, insert-- 3
`Notes-- 4
1 For other authorised activities, see chapter 5, part 2, division 3 and 5
part 8. 6
2 The carrying out of particular activities on particular land in a 7
pipeline licence's area may not be authorised following the taking 8
of the land under a resumption law. See section 30AB.'. 9
Clause 103 Insertion of new s 399A 10
Chapter 4, part 2, division 1, subdivision 1-- 11
insert-- 12
`399A Written permission binds owner's successors and 13
assigns 14
`(1) This section applies if a pipeline licence holder obtains the 15
written permission of the owner of land to enter the land to 16
construct and operate a pipeline the subject of the licence. 17
`(2) The permission is-- 18
(a) for the benefit of anyone who holds the licence from 19
time to time; and 20
(b) taken to have been given by, and is binding on, each of 21
the owner's successors and assigns for the land. 22
`(3) However, subsection (2)(b) does not apply to a person who is 23
a successor or assignee for the land if-- 24
(a) an easement over the land is not registered as mentioned 25
in section 437A within 9 months after the pipeline 26
licence holder gives notice of completion of the pipeline 27
under section 420; and 28
(b) the person became the owner of the land after the end of 29
the 9 months. 30
`(4) This section does not limit section 537E(1).'. 31
Page 94
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 2 Amendments commencing on assent
Part 7 Amendment of Petroleum and Gas (Production and Safety) Act 2004
[s 104]
Clause 104 Amendment of s 401 (Construction and operation of 1
pipeline) 2
Section 401(3), from `authorise'-- 3
omit, insert-- 4
`authorise-- 5
(a) the construction or operation of a pipeline on other land 6
in the area of the licence; or 7
(b) taking, interfering with or using produced water.'. 8
Clause 105 Amendment of s 410 (Deciding whether to grant licence) 9
Section 410(1)-- 10
insert-- 11
`Note-- 12
If the application relates to acquired land, see also section 30AC.'. 13
Clause 106 Amendment of s 419A (Notice to chief inspector before 14
construction starts) 15
Section 419A-- 16
insert-- 17
`(5) This section does not apply to the holder of a pipeline licence 18
if the pipeline to be constructed is for transporting produced 19
water.'. 20
Clause 107 Amendment of s 422 (Obligations in operating pipeline) 21
Section 422(1)(a), `or fuel gas'-- 22
omit, insert-- 23
`, fuel gas or produced water'. 24
Page 95
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 2 Amendments commencing on assent
Part 7 Amendment of Petroleum and Gas (Production and Safety) Act 2004
[s 108]
Clause 108 Insertion of new s 422A 1
After section 422-- 2
insert-- 3
`422A Obligation to hold relevant environmental authority 4
and water licence 5
`The holder of a pipeline licence for transporting produced 6
water must, for the term of the licence, be the holder of-- 7
(a) a relevant environmental authority for the licence; and 8
(b) any water licence required under the Water Act for 9
taking or interfering with produced water.'. 10
Clause 109 Insertion of new s 437A 11
Chapter 4, part 2, division 8-- 12
insert-- 13
`437A Creation of easement by registration 14
`(1) An easement over pipeline land or public land may be created 15
for a pipeline licence holder by registering a document 16
creating the easement under the Land Act 1994 or an 17
instrument of easement under the Land Title Act 1994. 18
`(2) Subsection (1)-- 19
(a) applies even though the easement is not attached to, or 20
used or enjoyed with, other land; and 21
(b) is subject to-- 22
(i) the Land Act 1994, other than section 369(2); and 23
(ii) the Land Title Act 1994, other than section 89(2). 24
`(3) The Land Act 1994, chapter 6, part 4, division 8 or the Land 25
Title Act 1994, part 6, division 4 applies to the easement as 26
if-- 27
(a) it were a public utility easement; and 28
Page 96
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 2 Amendments commencing on assent
Part 7 Amendment of Petroleum and Gas (Production and Safety) Act 2004
[s 110]
(b) the pipeline licence holder were a public utility 1
provider; and 2
(c) if the land is forest land-- 3
(i) a reference in the Land Act 1994, sections 362(1), 4
363(1)(c) and 369A(1) to the Minister were a 5
reference to the Minister administering the 6
Forestry Act 1959, part 4; and 7
(ii) the owner of the land were the chief executive of 8
the department administering the Forestry Act 9
1959, part 4. 10
Note-- 11
Under the Land Act 1994, section 363(4), the owner of a reserve or of 12
unallocated State land for the purpose of consenting to the creation of an 13
easement is the State. 14
`(4) This section applies despite the Forestry Act 1959, section 15
26(1A). 16
`(5) In this section-- 17
forest land means land that is a State forest or timber reserve 18
under the Forestry Act 1959.'. 19
Clause 110 Amendment of s 438 (Operation of div 1) 20
Section 438(1), note-- 21
omit, insert-- 22
`Notes-- 23
1 For other authorised activities, see chapter 5, part 2, division 3 and 24
part 8. 25
2 The carrying out of particular activities on particular land in a 26
petroleum facility licence's area may not be authorised following 27
the taking of the land under a resumption law. See section 30AB.'. 28
Clause 111 Amendment of s 446 (Deciding whether to grant licence) 29
Section 446(1)-- 30
Page 97
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 2 Amendments commencing on assent
Part 7 Amendment of Petroleum and Gas (Production and Safety) Act 2004
[s 112]
insert-- 1
`Note-- 2
If the application relates to acquired land, see also section 30AC.'. 3
Clause 112 Amendment of s 482 (Deciding application) 4
Section 482(2)-- 5
insert-- 6
`Note-- 7
See also section 30AC in relation to acquired land that was previously in 8
the area of the licence being renewed.'. 9
Clause 113 Amendment of s 564 (Petroleum register) 10
Section 564(1)-- 11
insert-- 12
`(d) acquired land.'. 13
Clause 114 Amendment of s 670 (What is an operating plant) 14
Section 670(2)(d), after `authority'-- 15
insert-- 16
`, other than a pipeline that transports produced water'. 17
Clause 115 Amendment of s 672 (What is a stage of an operating 18
plant) 19
Section 672(2)-- 20
insert-- 21
`(c) the work is the process called `rigging up and down' of a 22
drill rig and any associated plant or equipment required 23
for the operation of the rig.'. 24
Page 98
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 2 Amendments commencing on assent
Part 7 Amendment of Petroleum and Gas (Production and Safety) Act 2004
[s 116]
Clause 116 Amendment of s 802 (Restriction on pipeline 1
construction or operation) 2
Section 802(1), after `distribution pipeline'-- 3
insert-- 4
`or a pipeline for transporting produced water'. 5
Clause 117 Amendment of s 809 (Unlawful taking of petroleum or fuel 6
gas prohibited) 7
Section 809, `or fuel gas'-- 8
omit, insert-- 9
`, fuel gas or produced water'. 10
Clause 118 Amendment of s 889 (Other applications made before 11
introduction of Petroleum and Other Legislation 12
Amendment Bill 2004) 13
Section 889-- 14
insert-- 15
`(2) The closing time for the call is taken to be the day on which 16
this subsection commenced.'. 17
Clause 119 Amendment of s 910 (Renewal application provisions 18
apply for making and deciding grant application) 19
Section 910(1)(b)(i), `and 163'-- 20
omit, insert-- 21
`, 163 and 165(4)'. 22
Clause 120 Amendment of s 912 (Restrictions on term and renewed 23
terms) 24
Section 912(5)(b)-- 25
omit, insert-- 26
Page 99
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 2 Amendments commencing on assent
Part 7 Amendment of Petroleum and Gas (Production and Safety) Act 2004
[s 121]
`(b) a day decided by the Minister.'. 1
Clause 121 Insertion of new ch 15, pt 13 2
Chapter 15-- 3
insert-- 4
`Part 13 Transitional provisions for 5
Mines Legislation 6
(Streamlining) Amendment Act 7
2012 8
`Division 1 Preliminary 9
`957 Definitions for pt 13 10
`In this part-- 11
amending Act means the Mines Legislation (Streamlining) 12
Amendment Act 2012. 13
commencement means the commencement of the section in 14
which the term is used. 15
former, for a provision of this Act, means the provision as in 16
force before the commencement of the section in which the 17
term is used. 18
`Division 2 Transitional provisions for 19
amendments in amending Act 20
commencing on assent 21
`958 Land in a petroleum authority's area taken before the 22
commencement 23
`(1) This section applies if-- 24
Page 100
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 2 Amendments commencing on assent
Part 7 Amendment of Petroleum and Gas (Production and Safety) Act 2004
[s 121]
(a) land in a petroleum authority's area was taken under a 1
resumption law before the commencement; and 2
(b) at the commencement, the entity taking the land has not 3
taken action indicating the petroleum authority was 4
extinguished (wholly or partly) when the land was 5
taken. 6
Examples of action for paragraph (b)-- 7
· serving a copy of the resumption notice for the taking of the 8
land on the petroleum authority holder (in the holder's 9
capacity as the holder of the authority) 10
· entering into an agreement under the ALA, section 15 with 11
the petroleum authority holder for the taking of the land 12
· negotiating, or taking other action relating to, the 13
compensation payable to the petroleum authority holder for 14
the taking of the land 15
· paying compensation to the petroleum authority holder for 16
the taking of the land 17
· arranging for the taking of the land to be recorded in the 18
petroleum register against the petroleum authority 19
`(2) The taking of the land did not extinguish (wholly or partly) 20
the petroleum authority or any other petroleum interest 21
relating to the authority. 22
`(3) Subsection (2) does not affect the ending of a petroleum 23
interest (wholly or partly) in any other way, including, for 24
example-- 25
(a) by the entity taking the land acquiring the petroleum 26
interest (wholly or partly) under a separate commercial 27
agreement or other arrangement with the holder of the 28
interest; or 29
(b) by the petroleum interest holder surrendering the 30
interest (wholly or partly) under this Act. 31
`959 Land in a petroleum authority's area for which notice of 32
intention to resume given before the commencement 33
`(1) This section applies if-- 34
Page 101
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 2 Amendments commencing on assent
Part 7 Amendment of Petroleum and Gas (Production and Safety) Act 2004
[s 121]
(a) before the commencement, an entity gave a notice of 1
intention to resume for the proposed taking, under a 2
resumption law, of land in a petroleum authority's area; 3
and 4
(b) at the commencement, the land had not been taken 5
under the resumption law. 6
`(2) If the land is taken other than by taking or otherwise creating 7
an easement, sections 30AA to 30AD apply in relation to the 8
taking, except that the resumption notice for the taking may 9
provide for the extinguishment of a petroleum interest on the 10
taking even if the notice of intention to resume does not 11
comply with section 30AA(8). 12
`(3) If the land is taken by taking or otherwise creating an 13
easement, section 30AD applies in relation to the taking. 14
`960 Existing water pipeline for petroleum lease 15
`(1) This section applies if, before the commencement, the holder 16
of a petroleum lease had started constructing or operating a 17
water pipeline under former section 110. 18
`(2) Former section 110 continues to apply to the holder of the 19
relevant lease until 1 year after the commencement as if the 20
amending Act had not commenced. 21
`961 Existing written permission to enter land to construct 22
and operate pipeline 23
`(1) This section applies if, before the commencement, a pipeline 24
licence holder has obtained the written permission of the 25
owner of land to enter the land to construct and operate a 26
pipeline the subject of the licence. 27
`(2) Section 399A(2)(b) does not apply to the owner's successors 28
and assigns for the land. 29
Page 102
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 2 Amendments commencing on assent
Part 7 Amendment of Petroleum and Gas (Production and Safety) Act 2004
[s 122]
`962 Authority to prospect taken to be properly granted 1
`(1) This section applies to a 1923 Act ATP application mentioned 2
in section 889. 3
`(2) An authority to prospect granted under chapter 2, part 1, 4
division 2 before the commencement is taken to be, and to 5
have always been, validly granted as if the closing time for the 6
call for tenders for the authority was the day before the 7
authority was granted. 8
`963 Grant applications 9
`(1) Sections 910 and 912, as amended under the amending Act, 10
apply to a grant application that was made, but not decided, 11
before the commencement. 12
`(2) In this section-- 13
grant application see section 908.'. 14
Clause 122 Amendment of sch 2 (Dictionary) 15
(1) Schedule 2, definition occupier-- 16
omit. 17
(2) Schedule 2-- 18
insert-- 19
`acquired land-- 20
1 Land is acquired land if-- 21
(a) it was taken under a resumption law, other than by 22
taking or otherwise creating an easement; and 23
(b) on the taking-- 24
(i) all petroleum interests relating to the land 25
were extinguished under section 30AA; or 26
(ii) all 1923 Act petroleum interests under the 27
1923 Act relating to the land were 28
extinguished under section 124A of that Act. 29
Page 103
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 2 Amendments commencing on assent
Part 7 Amendment of Petroleum and Gas (Production and Safety) Act 2004
[s 122]
2 However, land mentioned in paragraph 1 stops being 1
acquired land if it is included in the area of a new or 2
renewed petroleum tenure granted under this Act. 3
ALA means the Acquisition of Land Act 1967. 4
CSG water means underground water brought to the surface 5
of the earth in connection with exploring for or producing coal 6
seam gas under a petroleum tenure. 7
notice of intention to resume, for the proposed taking of land 8
under a resumption law, means-- 9
(a) if the land is taken under the process stated in the ALA 10
(whether the land is taken under the ALA or another 11
resumption law)--the notice of intention to resume 12
under the ALA; or 13
(b) otherwise--the notice, however named, required to be 14
given under the resumption law to notify persons of the 15
proposed taking. 16
occupier, of a place, means a person-- 17
(a) who, under an Act, or, for freehold land, a lease 18
registered under the Land Title Act 1994, has a right to 19
occupy the place, other than under a mining interest, 20
petroleum tenure, licence, GHG authority or geothermal 21
tenure; or 22
(b) to whom an occupier under paragraph (a) has given the 23
right to occupy the place. 24
petroleum interest means-- 25
(a) a petroleum authority; or 26
(b) a right existing under, or in relation to, a petroleum 27
authority. 28
produced water see section 15A. 29
resumption law-- 30
Page 104
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 2 Amendments commencing on assent
Part 7 Amendment of Petroleum and Gas (Production and Safety) Act 2004
[s 122]
(a) means a law that provides for the compulsory 1
acquisition of land, including, for example, the 2
following-- 3
(i) the ALA, including as applied by another law 4
providing for an entity to take land under the ALA 5
as if the entity were a constructing authority under 6
the ALA; 7
Examples of other laws for subparagraph (i)-- 8
· Electricity Act 1994, section 116 9
· South-East Queensland Water (Distribution and 10
Retail Restructuring) Act 2009, section 53AY 11
(ii) the Land Act 1994, chapter 5, part 3, division 3; 12
(iii) sections 456 to 458 of this Act; 13
(iv) the Queensland Reconstruction Authority Act 14
2011, section 99; 15
(v) the State Development and Public Works 16
Organisation Act 1971, section 82 or 125; 17
(vi) the Transport Planning and Coordination Act 18
1994, section 25 or 26; but 19
(b) does not include the Land Act 1994, chapter 5, part 3, 20
divisions 1 and 2. 21
resumption notice, for the taking of land under a resumption 22
law, means-- 23
(a) if the land is taken under the process stated in the ALA 24
(whether the land is taken under the ALA or another 25
resumption law)--the gazette resumption notice under 26
the ALA for the taking; or 27
(b) otherwise--the instrument giving effect to the taking. 28
take, in relation to land, includes acquire.'. 29
(3) Schedule 2, definition operate, first mention, paragraph 2(a), 30
`or fuel gas'-- 31
omit, insert-- 32
Page 105
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 2 Amendments commencing on assent
Part 8 Amendment of Work Health and Safety Act 2011
[s 123]
`, fuel gas or produced water'. 1
Part 8 Amendment of Work Health and 2
Safety Act 2011 3
Clause 123 Act amended 4
This part amends the Work Health and Safety Act 2011. 5
Clause 124 Amendment of sch 1 (Application of Act) 6
Schedule 1, part 2, division 1-- 7
omit, insert-- 8
`Division 1 Mining safety and related matters 9
`1 Definition for div 1 10
`In this division-- 11
P&G Act means the Petroleum and Gas (Production and 12
Safety) Act 2004. 13
`2 Relationship with mining Acts 14
`(1) This Act does not apply to-- 15
(a) a coal mine to which the Coal Mining Safety and Health 16
Act 1999 applies; or 17
(b) a mine to which the Mining and Quarrying Safety and 18
Health Act 1999 applies; or 19
(c) subject to subsections (2) and (3), operating plant under 20
the P&G Act, other than specified P&G Act authorised 21
activity, for any of the following-- 22
Page 106
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 2 Amendments commencing on assent
Part 8 Amendment of Work Health and Safety Act 2011
[s 124]
(i) a 1923 Act petroleum tenure under the Petroleum 1
Act 1923; 2
(ii) a petroleum authority under the P&G Act; 3
(iii) a GHG authority under the Greenhouse Gas 4
Storage Act 2009; 5
(iv) a geothermal tenure under the Geothermal Energy 6
Act 2010; 7
(v) a mining tenement under the Mineral Resources 8
Act 1989. 9
`(2) Despite subsection (1)(c)-- 10
(a) this Act applies to construction work for operating plant 11
under the P&G Act, unless the work is-- 12
(i) the commissioning of an operating plant; or 13
(ii) the process called `rigging up and down' of a drill 14
rig; and 15
(b) both this Act and the P&G Act apply to construction 16
work for a stage of operating plant or proposed 17
operating plant mentioned in section 672(2) of that Act, 18
unless the work is work mentioned in paragraph (a)(i) or 19
(ii). 20
`(3) Despite subsection (1)(c), a regulation under this Act applying 21
in relation to a hazardous chemical or major hazard facility 22
applies in relation to the chemical or facility even though it is 23
at, or is, operating plant excluded from the application of this 24
Act by subsection (1)(c). 25
`(4) Subject to subsection (3), if this Act, for a health and safety 26
matter, conflicts with the P&G Act, that Act prevails to the 27
extent of the inconsistency. 28
`(5) In this section-- 29
hazardous chemical means a hazardous chemical under a 30
regulation. 31
Page 107
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 2 Amendments commencing on assent
Part 9 Amendment of other Acts
[s 125]
major hazard facility means a major hazard facility under a 1
regulation. 2
specified P&G Act authorised activity means an authorised 3
activity mentioned in the P&G Act, section 670(6) that is not 4
operating plant under the P&G Act, because of section 5
670(7)(b) of that Act. 6
`3 Relationship with P&G Act relating to design or 7
manufacture of operating plant 8
`(1) This section applies if-- 9
(a) this Act, in the absence of this section, would have 10
application to a matter, relating to the design or 11
construction of proposed operating plant under the P&G 12
Act, that impacts on the integrity or safe use of the plant; 13
and 14
(b) the P&G Act also has application to the matter. 15
`(2) This Act does not have application to the matter to the extent 16
that the P&G Act has application to the matter.'. 17
Part 9 Amendment of other Acts 18
Clause 125 Acts amended 19
Schedule 1 amends the Acts it mentions. 20
Page 108
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 1 Amendment of Environmental Protection Act 1994
[s 126]
Chapter 3 Amendments commencing 1
by proclamation other than 2
amendments for the 3
restructure of the Mineral 4
Resources Act 1989 5
Part 1 Amendment of Environmental 6
Protection Act 1994 7
Clause 126 Act amended 8
This part amends the Environmental Protection Act 1994. 9
Note-- 10
See also the amendments in schedules 2 and 3. 11
Clause 127 Insertion of new s 309A 12
Chapter 5, part 12, division 3, subdivision 1-- 13
insert-- 14
`309A Particular requirement for annual return for existing 15
petroleum tenure under P&G Act 16
`(1) This section applies if-- 17
(a) immediately before the commencement of this section, 18
an authority to prospect or petroleum lease is in effect; 19
and 20
(b) an environmental authority for the authority to prospect 21
or lease has been issued; and 22
(c) after the commencement, the holder of the authority to 23
prospect or lease carries out an incidental activity under 24
the P&G Act in the area of the authority or lease that is 25
reasonably necessary for, or incidental to, an authorised 26
Page 109
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 2 Amendment of Geothermal Energy Act 2010
[s 128]
activity for another authority to prospect or petroleum 1
lease; and 2
(d) the holder must give the administering authority an 3
annual return under section 308(3)(a) for the 4
environmental authority. 5
`(2) The annual return for the environmental authority must 6
include-- 7
(a) details of the incidental activity carried out in the area of 8
the authority to prospect or lease, including how the 9
activity will be carried out; and 10
(b) details of the environmental risks of the activity. 11
`(3) In this section-- 12
authorised activity, for an authority to prospect or petroleum 13
lease, see the P&G Act, section 22. 14
authority to prospect means an authority to prospect under the 15
P&G Act.'. 16
Part 2 Amendment of Geothermal 17
Energy Act 2010 18
Clause 128 Act amended 19
This part amends the Geothermal Energy Act 2010. 20
Note-- 21
See also the amendments in-- 22
(a) chapter 2, part 2; and 23
(b) schedules 1 to 3. 24
Clause 129 Amendment of s 35 (Who may apply) 25
Section 35(1)(d)-- 26
omit, insert-- 27
Page 110
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 2 Amendment of Geothermal Energy Act 2010
[s 130]
`(d) land that has been in a geothermal tenure's area and less 1
than 2 months has passed since the end of the month in 2
which the land ceased to be in-- 3
(i) the geothermal tenure; or 4
(ii) if the geothermal tenure has ended--the former 5
geothermal tenure's area; or 6
(e) land that has been the subject of an earlier geothermal 7
tenure application that has been refused or withdrawn 8
and less than 2 months has passed since the end of the 9
month in which the earlier geothermal tenure 10
application was refused or withdrawn.'. 11
Clause 130 Amendment of s 39 (Deciding whether to grant 12
geothermal permit) 13
Section 39(3) and (4)-- 14
omit, insert-- 15
`(3) The Minister can not grant a geothermal permit unless the 16
applicant-- 17
(a) has paid the annual rent for the first year of the 18
geothermal permit; and 19
(b) if the Minister requires the applicant to give security 20
under section 204--has given the security.'. 21
Clause 131 Amendment of s 190 (Relinquishment report for partial 22
relinquishment) 23
Section 190(3)-- 24
omit, insert-- 25
`(3) The report must-- 26
(a) be-- 27
(i) given electronically using the system for 28
submission of reports made or approved by the 29
chief executive; and 30
Page 111
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 2 Amendment of Geothermal Energy Act 2010
[s 132]
(ii) in the digital format made or approved by the chief 1
executive; or 2
(b) if a way of giving the report is prescribed under a 3
regulation--be given in that way.'. 4
Clause 132 Replacement of ch 6, pt 11 (Dealings) 5
Chapter 6, part 11-- 6
omit, insert-- 7
`Part 11 Dealings 8
`Division 1 Preliminary 9
`277 Definitions for pt 11 10
`In this part-- 11
assessable transfer see section 280(2). 12
non-assessable transfer see section 280(1). 13
`278 What is a dealing with a geothermal tenure 14
`(1) Each of the following is a dealing with a geothermal tenure-- 15
(a) a transfer of the geothermal tenure or of a share in the 16
geothermal tenure; 17
(b) a mortgage over the geothermal tenure or over a share in 18
the geothermal tenure; 19
(c) a release, transfer or surrender of a mortgage mentioned 20
in paragraph (b); 21
(d) a change to the geothermal tenure holder's name even if 22
the holder continues to be the same person after the 23
change; 24
(e) if the geothermal tenure is a geothermal lease-- 25
Page 112
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 2 Amendment of Geothermal Energy Act 2010
[s 132]
(i) a sublease of the geothermal lease; or 1
(ii) a transfer of a sublease of the geothermal lease or 2
of a share in a sublease of the geothermal lease. 3
`(2) To remove any doubt, it is declared that any transaction or 4
commercial agreement not mentioned in subsection (1) is not 5
a dealing with a geothermal tenure. 6
`279 Prohibited dealings 7
`A dealing with a geothermal tenure, other than a dealing 8
mentioned in section 278(1)(e), that has the effect of 9
transferring a divided part of the area of the geothermal tenure 10
is prohibited. 11
Examples of a divided part of the area of a geothermal tenure-- 12
· a particular part of the surface of the area 13
· a particular strata beneath the surface of the area 14
`280 Types of transfers 15
`(1) The following transfers (each a non-assessable transfer) do 16
not require assessment before being registered-- 17
(a) a transfer of a geothermal tenure or of a share in a 18
geothermal tenure if-- 19
(i) the transferee is an entity having the same 20
Australian Business Number as the entity 21
comprising all or part of the transferor; or 22
(ii) part of one holder's share in the geothermal tenure 23
will be transferred to another holder of the 24
geothermal tenure; 25
(b) a transmission by death of a geothermal tenure or of a 26
share in a geothermal tenure; 27
(c) a transfer of a geothermal tenure or of a share in a 28
geothermal tenure by operation of law; 29
Page 113
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 2 Amendment of Geothermal Energy Act 2010
[s 132]
(d) a transfer of a mortgage over a geothermal tenure or 1
over a share in a geothermal tenure; 2
(e) a transfer of a sublease of a geothermal lease or of a 3
share in a sublease of a geothermal lease. 4
`(2) A transfer of a geothermal tenure or of a share in a geothermal 5
tenure not mentioned in subsection (1) is an assessable 6
transfer and must be approved by the Minister under division 7
3 before it can be registered. 8
`Division 2 Registration of dealings generally 9
`281 Registration required for all dealings 10
`(1) A dealing with a geothermal tenure has no effect until it is 11
registered. 12
`(2) A registered dealing takes effect on-- 13
(a) for a dealing that is an assessable transfer--the day the 14
transfer was approved under division 3; or 15
(b) for any other dealing--the day notice of the dealing was 16
given to the chief executive under section 282. 17
`282 Obtaining registration 18
`(1) Registration of a dealing with a geothermal tenure, other than 19
an assessable transfer, may be sought by giving the chief 20
executive a notice of the dealing in the approved form. 21
`(2) However, a dealing with a geothermal tenure prohibited under 22
section 279 can not be registered and is of no effect. 23
`(3) The approved form must be accompanied by the fee 24
prescribed under a regulation. 25
`(4) Registration of an assessable transfer must be carried out by 26
the chief executive. 27
Page 114
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 2 Amendment of Geothermal Energy Act 2010
[s 132]
`283 Effect of approval and registration 1
`The registration of a dealing with a geothermal tenure, or an 2
approval of an assessable transfer under division 3, allows the 3
dealing or transfer to have effect according to its terms but 4
does not of itself give the dealing any more effect or validity 5
than it would otherwise have. 6
`Division 3 Approval of assessable transfers 7
`284 Indicative approval 8
`(1) The holder of a geothermal tenure may, before applying for 9
approval of an assessable transfer relating to the tenure, apply 10
to the Minister-- 11
(a) for an indication whether the Minister is likely to 12
approve the transfer (an indicative approval); and 13
(b) if the Minister is likely to impose conditions on the 14
giving of the approval--for an indication what the 15
conditions are likely to be. 16
`(2) The application must be made to the Minister in the approved 17
form and be accompanied by-- 18
(a) the information the Minister requires to make a 19
decision; and 20
(b) the fee prescribed under a regulation. 21
`(3) In deciding whether or not to give the indicative approval, the 22
Minister must consider the matters mentioned in section 23
286(2) as if the request were an application for approval of an 24
assessable transfer. 25
`(4) The Minister must decide whether or not to give the indicative 26
approval and give the applicant notice of the decision. 27
Page 115
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 2 Amendment of Geothermal Energy Act 2010
[s 132]
`285 Applying for approval of assessable transfer 1
`(1) The holder of a geothermal tenure may apply for approval of 2
an assessable transfer relating to the geothermal tenure. 3
`(2) However, an application can not be made under subsection (1) 4
if the proposed transferee is not an eligible person. 5
`(3) The application must be made to the Minister in the approved 6
form and be accompanied by-- 7
(a) a written consent to the transfer by the proposed 8
transferee; and 9
(b) if the geothermal tenure or a share in the geothermal 10
tenure is subject to a mortgage--a written consent to the 11
transfer by the mortgagee; and 12
(c) for a transfer of a share in a geothermal tenure--a 13
written consent to the transfer by each person, other than 14
the transferor, who holds a share in the geothermal 15
tenure; and 16
(d) the fee prescribed under a regulation. 17
`286 Deciding application 18
`(1) The Minister must decide whether or not to give the approval 19
of the assessable transfer. 20
`(2) In deciding whether or not to give the approval, the Minister 21
must consider-- 22
(a) the application and any additional information 23
accompanying the application; and 24
(b) the relevant criteria that apply under chapter 2 or 3 for 25
obtaining the type of geothermal tenure the subject of 26
the transfer; and 27
(c) the public interest. 28
`(3) Subsection (2) does not apply if, under subsection (6) or (7), 29
the approval is taken to have been given. 30
`(4) The approval may be given only if-- 31
Page 116
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 2 Amendment of Geothermal Energy Act 2010
[s 132]
(a) the proposed transferee is-- 1
(i) an eligible person; and 2
(ii) a registered suitable operator under the 3
Environmental Protection Act; and 4
(iii) a holder of any relevant Water Act authorisation 5
required for the purposes of the geothermal tenure; 6
and 7
(b) no geothermal royalty payable under this Act by the 8
holder of the geothermal tenure remains unpaid. 9
`(5) Also, the Minister may refuse to give the approval if the 10
Minister is not satisfied the transferor has substantially 11
complied with the conditions of the geothermal tenure. 12
`(6) The approval is taken to have been given if-- 13
(a) under section 284, an indicative approval has been given 14
for the proposed dealing; and 15
(b) subsection (4) does not prevent the giving of the 16
approval; and 17
(c) within 3 months after the giving of the indicative 18
approval-- 19
(i) an application for approval of the assessable 20
transfer is made; and 21
(ii) if, under section 284, an indication of likely 22
conditions was given--the conditions are complied 23
with. 24
`(7) The approval is also taken to have been given if-- 25
(a) subsection (6)(a) and (b) is satisfied; and 26
(b) within 10 business days before the expiration of 3 27
months after the giving of the indicative approval, the 28
applicant gives the chief executive-- 29
(i) notice in the approved form that a proposed 30
transferee has given a notice under the Foreign 31
Acquisitions and Takeovers Act 1975 (Cwlth) 32
Page 117
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 2 Amendment of Geothermal Energy Act 2010
[s 132]
about a proposal that relates to the assessable 1
transfer; and 2
(ii) evidence that the proposed transferee has given the 3
notice under that Act; and 4
(iii) a statement from the proposed transferee that the 5
proposed transferee has not received notice about 6
an order or decision made under that Act about the 7
proposal; and 8
(c) within 6 months after the giving of the indicative 9
approval, subsection (6)(c)(i) and (ii) is satisfied. 10
`(8) Despite subsections (6) and (7), the approval of the assessable 11
transfer is taken not to have been given if-- 12
(a) the application for indicative approval contained 13
incorrect material information or omitted material 14
information; and 15
(b) had the Minister been aware of the discrepancy, the 16
Minister would not have given the indicative approval. 17
`287 Security may be required 18
`(1) The Minister may, as a condition of deciding to give the 19
approval, require the proposed transferee to give, under 20
section 204, security for the geothermal tenure the subject of 21
the transfer as if the proposed transferee were an applicant for 22
the geothermal tenure. 23
`(2) If the proposed transferee does not comply with the 24
requirement, the application may be refused. 25
`(3) When the transfer of the geothermal tenure is complete, 26
section 204 applies to the transferee of the geothermal tenure 27
as holder. 28
`288 Notice of decision 29
`(1) If the Minister decides to give the approval, the Minister must 30
give the applicant notice of the decision. 31
Page 118
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 2 Amendment of Geothermal Energy Act 2010
[s 132]
`(2) If the Minister decides not to give the approval, the Minister 1
must give the applicant an information notice about the 2
decision. 3
`Part 11A Recording associated 4
agreements 5
`289 Definition for pt 11A 6
`In this part-- 7
associated agreement, for a geothermal tenure, means an 8
agreement relating to the geothermal tenure, other than the 9
following-- 10
(a) a dealing with the geothermal tenure; 11
(b) a dealing with the geothermal tenure that is prohibited 12
under section 279; 13
(c) another agreement prescribed under a regulation as 14
unsuitable to be recorded in the geothermal register. 15
`289A Recording associated agreements 16
`(1) An associated agreement for a geothermal tenure may be 17
recorded in the geothermal register against the geothermal 18
tenure. 19
`(2) Registration of an associated agreement may be sought by 20
giving the chief executive a notice of the agreement in the 21
approved form. 22
`(3) An approved form given to the chief executive under this 23
section must be accompanied by the fee prescribed under a 24
regulation. 25
Page 119
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 2 Amendment of Geothermal Energy Act 2010
[s 132]
`(4) The chief executive is not required to examine, or to 1
determine the validity of, an associated agreement recorded in 2
the geothermal register under this section. 3
`289B Effect of recording associated agreements 4
`The recording of an associated agreement under this part 5
does not of itself-- 6
(a) give the agreement any more effect or validity than it 7
would otherwise have; or 8
(b) create an interest in the geothermal tenure against which 9
it is recorded. 10
`Part 11B Caveats 11
`289C Requirements of caveats 12
`(1) A caveat must-- 13
(a) be lodged in the approved form; and 14
(b) be signed by the caveator, the caveator's solicitor or 15
another person authorised in writing by the caveator; 16
and 17
(c) state the name and address for service of 1 person upon 18
whom any notice may be served in order to serve the 19
caveator; and 20
(d) identify the geothermal tenure the subject of the caveat; 21
and 22
(e) state the nature of the right or interest claimed by the 23
caveator; and 24
(f) state the period for which the caveat is to continue in 25
force; and 26
(g) if a person consents to the lodging of the caveat, be 27
endorsed with the person's consent; and 28
Page 120
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 2 Amendment of Geothermal Energy Act 2010
[s 132]
(h) be accompanied by the lodgement fee prescribed under 1
a regulation. 2
`(2) A caveat that does not comply with subsection (1) is of no 3
effect. 4
`289D Lodging of caveat 5
`(1) A caveat may be lodged by any of the following-- 6
(a) a person claiming an interest in a geothermal tenure; 7
(b) the registered holder of a geothermal tenure; 8
(c) a person to whom an Australian court has ordered that 9
an interest in a geothermal tenure be transferred; 10
(d) a person who has the benefit of a subsisting order of an 11
Australian court restraining a registered holder of a 12
geothermal tenure from dealing with the geothermal 13
tenure. 14
`(2) A caveat lodged under this section can not be registered if it 15
applies to any of the following-- 16
(a) an application for indicative approval; 17
(b) an indicative approval given by the Minister; 18
(c) an application for approval of an assessable transfer; 19
(d) a notice to register a dealing given to the chief executive 20
under section 282. 21
`289E Chief executive's functions on receipt of caveat 22
`(1) On receipt of a caveat complying with section 289C(1), the 23
chief executive must-- 24
(a) notify each holder of the affected geothermal tenure of 25
the receipt of the caveat; and 26
(b) notify all other persons who have an interest in the 27
geothermal tenure as recorded in the geothermal 28
Page 121
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 2 Amendment of Geothermal Energy Act 2010
[s 132]
register, including any subsisting prior caveator, of the 1
receipt of the caveat; and 2
(c) record the existence of the caveat in the geothermal 3
register. 4
`(2) For subsection (1)(b), a person does not have an interest in the 5
geothermal tenure only because the person is a party to an 6
associated agreement recorded in the geothermal register 7
against the geothermal tenure. 8
`289F Effect of lodging caveat 9
`(1) Until a caveat lapses, or is removed or withdrawn, the caveat 10
prevents registration of a dealing with a geothermal tenure 11
over which the caveat is lodged from the date and time 12
endorsed by the chief executive on the caveat as the caveat's 13
date and time of lodgement. 14
`(2) However, lodgement of a caveat does not prevent registration 15
of the following-- 16
(a) an instrument stated in the caveat as an instrument to 17
which the caveat does not apply; 18
(b) an instrument if the caveator consents, in the approved 19
form, to its registration and the consent is lodged with 20
the chief executive; 21
(c) an instrument executed by a mortgagee whose interest 22
was registered before lodgement of the caveat if-- 23
(i) the mortgagee has power under the mortgage to 24
execute the instrument; and 25
(ii) the caveator claims an interest in the geothermal 26
tenure as security for the payment of money or 27
money's worth; 28
(d) an instrument of transfer of mortgage executed by a 29
mortgagee whose interest was registered before 30
lodgement of the caveat; 31
Page 122
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 2 Amendment of Geothermal Energy Act 2010
[s 132]
(e) another interest that, if registered, will not affect the 1
interest claimed by the caveator. 2
`(3) The exception in subsection (2)(d) does not apply to a caveat 3
lodged by the geothermal tenure holder. 4
`(4) Lodgement of a caveat does not create in the caveator an 5
interest in the geothermal tenure affected by the caveat. 6
`289G Lapsing, withdrawal or removal of caveat 7
`(1) An agreed caveat lapses at the expiration of the term stated in 8
the caveat but, if no term is stated, the caveat continues until it 9
is withdrawn or removed. 10
`(2) A caveat that is not an agreed caveat lapses-- 11
(a) if an order of the Land Court is in force in relation to the 12
caveat--at the expiration of the order; or 13
(b) otherwise--at the expiration of 3 months after the date 14
of lodgement of the caveat or a shorter term stated in the 15
caveat. 16
`(3) A caveator may withdraw the caveat by notifying the chief 17
executive in writing. 18
`(4) An affected person for a caveat may apply to the Land Court 19
for an order that the caveat be removed. 20
`(5) The Land Court may make the order whether or not the 21
caveator has been served with the application, and may make 22
the order on the terms it considers appropriate. 23
`(6) If a caveat is withdrawn, lapses or is ordered to be removed, 24
the chief executive must record the withdrawal, lapse or 25
removal in the geothermal register. 26
`(7) In this section-- 27
affected person, for a caveat, means a person-- 28
(a) who has a right or interest (present or prospective) in the 29
geothermal tenure the subject of the caveat; or 30
Page 123
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 2 Amendment of Geothermal Energy Act 2010
[s 133]
(b) whose right (present or prospective) to deal with the 1
geothermal tenure the subject of the caveat is affected 2
by the caveat. 3
agreed caveat means a caveat to which each holder of the 4
geothermal tenure the subject of the caveat has consented, if 5
the consent has been lodged with the caveat. 6
`289H Further caveat not available to same person 7
`(1) This section applies if a caveat (the original caveat) is lodged 8
in relation to an interest. 9
`(2) A further caveat with the same caveator can never be lodged 10
in relation to the interest on the same, or substantially the 11
same, grounds as the grounds stated in the original caveat 12
unless-- 13
(a) the consent of each holder of the geothermal tenure the 14
subject of the caveat has been lodged with the caveat; or 15
(b) the leave of a court of competent jurisdiction to lodge 16
the further caveat has been granted. 17
`289I Compensation for lodging caveat without reasonable 18
cause 19
`A person who lodges a caveat in relation to a geothermal 20
tenure without reasonable cause is liable to compensate 21
anyone else who suffers loss or damage because of the 22
caveat.'. 23
Clause 133 Amendment of s 351 (Joint holders of a geothermal 24
tenure) 25
Section 351(2)(a)-- 26
omit, insert-- 27
`(a) an application is made for a geothermal tenure, or for 28
approval of an assessable transfer relating to a 29
Page 124
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 2 Amendment of Geothermal Energy Act 2010
[s 134]
geothermal tenure, for more than 1 proposed holder or 1
transferee; and'. 2
Clause 134 Amendment of s 363 (Place for making applications, 3
lodging documents or making submissions) 4
(1) Section 363, heading, after `Place'-- 5
insert-- 6
`or way'. 7
(2) Section 363(2)-- 8
omit, insert-- 9
`(2) The application, document or submission may be made or 10
given only-- 11
(a) at the following place-- 12
(i) the office of the department provided for under the 13
relevant approved form for that purpose; 14
(ii) if the relevant approved form does not make 15
provision as mentioned in subparagraph (i) or if 16
there is no relevant approved form--the office of 17
the department notified on the department's 18
website; or 19
(b) in the way prescribed under a regulation. 20
`(3) Without limiting subsection (2)(b), the way prescribed under a 21
regulation may include making or giving the application, 22
document or submission at another place. 23
`(4) This section does not apply to the following-- 24
(a) the making of an application to the Land Court; 25
(b) the giving of a royalty return under section 106 to the 26
chief executive; 27
(c) the giving of a document that, under this Act, must be 28
given in the required way for giving reports to the chief 29
executive.'. 30
Page 125
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 2 Amendment of Geothermal Energy Act 2010
[s 135]
Clause 135 Amendment of s 364 (Requirements for making an 1
application) 2
(1) Section 364(1), after `purported application'-- 3
insert-- 4
`, other than to the Land Court,'. 5
(2) Section 364-- 6
insert-- 7
`(3) If the Minister decides to refuse to receive or process the 8
purported application-- 9
(a) the Minister must give the applicant notice of the 10
decision and the reasons for it; and 11
(b) the chief executive must refund the application fee to the 12
applicant.'. 13
Clause 136 Replacement of s 365 (Request to applicant about 14
application) 15
Section 365-- 16
omit, insert-- 17
`365 Request to applicant about application 18
`(1) For an application under this Act, the chief executive may, by 19
notice, require the applicant to do all or any of the following 20
within a stated reasonable period-- 21
(a) complete or correct the application if it appears to the 22
chief executive to be incorrect, incomplete or defective; 23
(b) give the chief executive or a stated officer of the 24
department additional information about, or relevant to, 25
the application; 26
Example-- 27
The application is for a geothermal tenure. The chief executive 28
may require a document, prepared by an appropriately qualified 29
person, independently verifying geological or predictive 30
Page 126
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 2 Amendment of Geothermal Energy Act 2010
[s 136]
migration data given in the proposed work program or 1
development plan for the tenure. 2
(c) give the chief executive or a stated officer of the 3
department an independent report by an appropriately 4
qualified person or a statement or statutory declaration 5
verifying all or any of the following-- 6
(i) any information included in the application; 7
(ii) any additional information required under 8
paragraph (b); 9
(iii) if the application is for a geothermal tenure--that 10
the applicant meets the capability criteria. 11
`(2) For subsection (1)(b), if the application is for a geothermal 12
tenure, a required document may include a survey or resurvey 13
of the area of the proposed tenure carried out by a person who 14
is a cadastral surveyor under the Surveyors Act 2003. 15
`(3) For subsection (1)(c), the notice may require the statement or 16
statutory declaration-- 17
(a) to be made by an appropriately qualified independent 18
person or by the applicant; and 19
(b) if the applicant is a corporation--to be made for the 20
applicant by an executive officer of the applicant. 21
`(4) The giving of a statement for subsection (1)(c) does not 22
prevent the chief executive from also requiring a statutory 23
declaration for the subsection. 24
`(5) The applicant must bear any costs incurred in complying with 25
the notice. 26
`(6) The chief executive may extend the period for complying with 27
the notice. 28
`(7) In this section-- 29
application does not include an application to the Land Court. 30
information includes a document.'. 31
Page 127
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 2 Amendment of Geothermal Energy Act 2010
[s 137]
Clause 137 Amendment of s 366 (Refusing application for failure to 1
comply with request) 2
Section 366(c), `Minister's'-- 3
omit, insert-- 4
`chief executive's'. 5
Clause 138 Insertion of new s 366A 6
After section 366-- 7
insert-- 8
`366A Notice to progress geothermal tenure or renewal 9
application 10
`(1) The Minister may by notice require an applicant for, or to 11
renew, a geothermal tenure to, within a stated reasonable 12
period, do any thing required of the applicant under this Act 13
or another Act to allow the application to be decided or the 14
tenure to be granted or renewed. 15
`(2) However, the period for complying with the notice must be at 16
least 20 business days after the notice is given. 17
`(3) The Minister may extend the period for complying with the 18
notice. 19
`(4) The Minister may refuse the application if the applicant does 20
not comply with the requirement.'. 21
Clause 139 Amendment of s 383 (Practice manual) 22
(1) Section 383(3)(b) and (c)-- 23
omit, insert-- 24
`(b) the person gives the information-- 25
(i) at the place or in the way permitted under the 26
manual; or 27
Page 128
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 2 Amendment of Geothermal Energy Act 2010
[s 140]
(ii) at the place or in the way the information would be 1
required to be given under section 363 if the 2
information were a document;'. 3
(2) Section 383(4)-- 4
omit. 5
(3) Section 383(5) and (6)-- 6
renumber as section 383(4) and (5). 7
(4) Section 383(5), as renumbered, `subsection (5)'-- 8
omit, insert-- 9
`subsection (4)'. 10
Clause 140 Amendment of s 385 (Regulation-making power) 11
Section 385(2)-- 12
insert-- 13
`(aa) the way an application, document or submission must be 14
made or given for section 363(2)(b), or the way a report 15
must be given for section 190(3)(b), including, for 16
example-- 17
(i) practices and procedures for lodgement of 18
applications and other documents; and 19
(ii) methods for acknowledging receipt of documents; 20
and 21
(iii) methods for acceptance of the lodgement of 22
documents; and 23
(iv) the time at which a document is taken to have been 24
lodged, but only to the extent that this Act does not 25
provide otherwise; 26
(f) requiring lodgement of a hard copy of the application, 27
document or submission.'. 28
Page 129
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 2 Amendment of Geothermal Energy Act 2010
[s 141]
Clause 141 Insertion of new ch 9, pt 3, div 3 1
Chapter 9, part 3-- 2
insert-- 3
`Division 3 Transitional provisions for 4
amendments in amending Act 5
commencing by proclamation 6
`407 Undecided applications for approval of particular 7
dealing 8
`(1) This section applies to an application for approval of a third 9
party transfer or sublease-- 10
(a) made, before the commencement, under former chapter 11
6, part 11, division 3; and 12
(b) not decided before the commencement. 13
`(2) The Minister may continue to deal with the application under 14
former chapter 6, part 11, division 3 as if the division had not 15
been repealed under the amending Act. 16
`(3) In this section-- 17
third party transfer has the meaning given by former section 18
280. 19
`408 Deciding applications for approval of assessable 20
transfers until commencement of particular provisions 21
`(1) This section applies until the commencement of the 22
Environmental Protection Act 1994, chapter 5A, part 4 as 23
inserted by the Environmental Protection (Greentape 24
Reduction) and Other Legislation Amendment Act 2012. 25
`(2) Former section 287(2)(a)(ii) continues in force instead of 26
section 286(4)(a)(ii) and (iii), as inserted by the amending 27
Act, for deciding whether to give an approval of an assessable 28
transfer. 29
Page 130
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 2 Amendment of Geothermal Energy Act 2010
[s 142]
`409 Uncommenced appeals about refusal to approve 1
particular dealing 2
`(1) This section applies to a person if-- 3
(a) before the commencement, the person could appeal to 4
the Land Court under section 335 in relation to a refusal 5
to approve and register a third party transfer or sublease 6
under former section 287; but 7
(b) the person had not started the appeal before the 8
commencement. 9
`(2) Despite the amendment of schedule 1 by the amending Act, 10
the person continues to be a person who may start an appeal 11
under section 335, subject to sections 336 and 337. 12
`410 Unfinished appeals about refusal to approve 13
particular dealing 14
`(1) This section applies if, before the commencement-- 15
(a) a person started an appeal under section 337 in relation 16
to a refusal to approve and register a third party transfer 17
or sublease under former section 287; and 18
(b) the Land Court had not yet decided the appeal. 19
`(2) The Land Court may continue, under chapter 7, part 4, to 20
grant a stay of the decision being appealed, and hear and 21
decide the appeal.'. 22
Clause 142 Amendment of sch 1 (Decisions subject to appeal) 23
(1) Schedule 1-- 24
insert-- 25
`286 refusal to approve an assessable transfer'. 26
(2) Schedule 1, entry for section 287-- 27
omit. 28
Page 131
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 3 Amendment of Greenhouse Gas Storage Act 2009
[s 143]
Clause 143 Amendment of sch 2 (Dictionary) 1
(1) Schedule 2, definition third party transfer-- 2
omit. 3
(2) Schedule 2-- 4
insert-- 5
`apply, in relation to making an application, has the meaning 6
affected by section 363. 7
assessable transfer, for chapter 6, part 11, see section 280(2). 8
associated agreement, for chapter 6, part 11A, see section 9
289. 10
dealing, with a geothermal tenure, see section 278. 11
give, a document to the Minister or the chief executive, has the 12
meaning affected by section 363. 13
indicative approval, of an assessable transfer, see section 14
284(1)(a). 15
make submissions has the meaning affected by section 363. 16
non-assessable transfer, for chapter 6, part 11, see section 17
280(1).'. 18
(3) Schedule 2, definition made, after `place'-- 19
insert-- 20
`or in the way'. 21
Part 3 Amendment of Greenhouse 22
Gas Storage Act 2009 23
Clause 144 Act amended 24
This part amends the Greenhouse Gas Storage Act 2009. 25
Page 132
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 3 Amendment of Greenhouse Gas Storage Act 2009
[s 145]
Note-- 1
See also the amendments in-- 2
(a) chapter 2, part 3; and 3
(b) schedules 1 to 3. 4
Clause 145 Amendment of s 255 (Relinquishment report by GHG 5
permit holder) 6
Section 255(2)-- 7
omit, insert-- 8
`(2) The report must-- 9
(a) be-- 10
(i) given electronically using the system for 11
submission of reports made or approved by the 12
chief executive; and 13
(ii) in the digital format made or approved by the chief 14
executive; or 15
(b) if a way of giving the report is prescribed under a 16
regulation--be given in that way.'. 17
Clause 146 Replacement of ch 5, pt 14 (Dealings) 18
Chapter 5, part 14-- 19
omit, insert-- 20
`Part 14 Dealings 21
`Division 1 Preliminary 22
`345 Definitions for pt 14 23
`In this part-- 24
assessable transfer see section 348(2). 25
Page 133
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 3 Amendment of Greenhouse Gas Storage Act 2009
[s 146]
non-assessable transfer see section 348(1). 1
`346 What is a dealing with a GHG authority 2
`(1) Each of the following is a dealing with a GHG authority-- 3
(a) a transfer of the GHG authority or of a share in the GHG 4
authority; 5
(b) a mortgage over the GHG authority or over a share in 6
the GHG authority; 7
(c) a release, transfer or surrender of a mortgage mentioned 8
in paragraph (b); 9
(d) a change to the GHG authority holder's name even if the 10
holder continues to be the same person after the change; 11
(e) if the GHG authority is a GHG lease-- 12
(i) a sublease of the GHG lease; or 13
(ii) a transfer of a sublease of the GHG lease or of a 14
share in a sublease of the GHG lease. 15
`(2) To remove any doubt, it is declared that any transaction or 16
commercial agreement not mentioned in subsection (1) is not 17
a dealing with a GHG authority. 18
`347 Prohibited dealings 19
`The following dealings with a GHG authority are 20
prohibited-- 21
(a) a transfer of a pipeline constructed or operated under 22
section 31 or 111; 23
(b) a dealing, other than a dealing mentioned in section 24
346(1)(e), that has the effect of transferring a divided 25
part of the area of a GHG tenure; 26
Examples of a divided part of the area of a GHG tenure-- 27
· a particular part of the surface of the area 28
· a particular strata beneath the surface of the area 29
Page 134
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 3 Amendment of Greenhouse Gas Storage Act 2009
[s 146]
(c) a transfer of a GHG data acquisition authority or of a 1
share in a data acquisition authority, other than a transfer 2
by operation of law under section 240. 3
`348 Types of transfers 4
`(1) The following transfers (each a non-assessable transfer) do 5
not require assessment before being registered-- 6
(a) a transfer of a GHG authority or of a share in a GHG 7
authority under which-- 8
(i) the transferee is an entity having the same 9
Australian Business Number as the entity 10
comprising all or part of the transferor; or 11
(ii) part of one holder's share in the GHG authority 12
will be transferred to another holder of the GHG 13
authority; 14
(b) a transmission by death of a GHG authority or of a share 15
in a GHG authority; 16
(c) a transfer of a GHG authority or of a share in a GHG 17
authority by operation of law; 18
(d) a transfer of a mortgage over a GHG authority or over a 19
share in a GHG authority; 20
(e) a transfer of a sublease of a GHG lease or of a share in a 21
sublease of a GHG lease. 22
`(2) A transfer of a GHG authority or of a share in a GHG 23
authority not mentioned in subsection (1) is an assessable 24
transfer and must be approved by the Minister under division 25
3 before it can be registered. 26
Page 135
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 3 Amendment of Greenhouse Gas Storage Act 2009
[s 146]
`Division 2 Registration of dealings generally 1
`349 Registration required for all dealings 2
`(1) A dealing with a GHG authority has no effect until it is 3
registered. 4
`(2) A registered dealing takes effect on-- 5
(a) for a dealing that is an assessable transfer--the day the 6
transfer was approved under division 3; or 7
(b) for any other dealing--the day notice of the dealing was 8
given to the chief executive under section 350. 9
`350 Obtaining registration 10
`(1) Registration of a dealing with a GHG authority, other than an 11
assessable transfer, may be sought by giving the chief 12
executive a notice of the dealing in the approved form. 13
`(2) However, a dealing with a GHG authority prohibited under 14
section 347 can not be registered and is of no effect. 15
`(3) The approved form must be accompanied by the fee 16
prescribed under a regulation. 17
`(4) Registration of an assessable transfer must be carried out by 18
the chief executive. 19
`351 Effect of approval and registration 20
`The registration of a dealing with a GHG authority, or an 21
approval of an assessable transfer under division 3, allows the 22
dealing or transfer to have effect according to its terms but 23
does not of itself give the dealing any more effect or validity 24
than it would otherwise have. 25
Page 136
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 3 Amendment of Greenhouse Gas Storage Act 2009
[s 146]
`Division 3 Approval of assessable transfers 1
`352 Indicative approval 2
`(1) The holder of a GHG authority may, before applying for 3
approval of an assessable transfer relating to the authority, 4
apply to the Minister-- 5
(a) for an indication whether the Minister is likely to 6
approve the transfer (an indicative approval); and 7
(b) if the Minister is likely to impose conditions on the 8
giving of the approval--for an indication what the 9
conditions are likely to be. 10
`(2) The application must be made to the Minister in the approved 11
form and be accompanied by-- 12
(a) the information the Minister requires to make a 13
decision; and 14
(b) the fee prescribed under a regulation. 15
`(3) In deciding whether or not to give the indicative approval, the 16
Minister must consider the matters mentioned in section 17
354(2) as if the request were an application for approval of an 18
assessable transfer. 19
`(4) The Minister must decide whether or not to give the indicative 20
approval and give the applicant notice of the decision. 21
`353 Applying for approval of assessable transfer 22
`(1) The holder of a GHG authority may apply for approval of an 23
assessable transfer relating to the GHG authority. 24
`(2) However, an application can not be made under subsection (1) 25
if the proposed transferee is not an eligible person. 26
`(3) The application must be made to the Minister in the approved 27
form and be accompanied by-- 28
(a) a written consent to the transfer by the proposed 29
transferee; and 30
Page 137
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 3 Amendment of Greenhouse Gas Storage Act 2009
[s 146]
(b) if the GHG authority or a share in the GHG authority is 1
subject to a mortgage--a written consent to the transfer 2
by the mortgagee; and 3
(c) for a transfer of a share in a GHG authority--a written 4
consent to the transfer by each person, other than the 5
transferor, who holds a share in the GHG authority; and 6
(d) the fee prescribed under a regulation. 7
`354 Deciding application 8
`(1) The Minister must decide whether or not to give the approval 9
of the assessable transfer. 10
`(2) In deciding whether or not to give the approval, the Minister 11
must consider-- 12
(a) the application and any additional information 13
accompanying the application; and 14
(b) if the approval relates to a transfer of a GHG 15
tenure--the relevant criteria that apply under chapter 2 16
or 3 for obtaining the type of GHG tenure the subject of 17
the transfer. 18
`(3) Subsection (2) does not apply if, under subsection (6) or (7), 19
the approval is taken to have been given. 20
`(4) The approval may be given only if the proposed transferee 21
is-- 22
(a) an eligible person; and 23
(b) a registered suitable operator under the Environmental 24
Protection Act. 25
`(5) Also, the Minister may refuse to give the approval if the 26
Minister is not satisfied the transferor has substantially 27
complied with the conditions of the GHG authority. 28
`(6) The approval is taken to have been given if-- 29
(a) under section 352, an indicative approval has been given 30
for the proposed dealing; and 31
Page 138
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 3 Amendment of Greenhouse Gas Storage Act 2009
[s 146]
(b) subsection (4) does not prevent the giving of the 1
approval; and 2
(c) within 3 months after the giving of the indicative 3
approval-- 4
(i) an application for approval of the assessable 5
transfer is made; and 6
(ii) if, under section 352, an indication of likely 7
conditions was given--the conditions are complied 8
with. 9
`(7) The approval is also taken to have been given if-- 10
(a) subsection (6)(a) and (b) is satisfied; and 11
(b) within 10 business days before the expiration of 3 12
months after the giving of the indicative approval, the 13
applicant gives the chief executive-- 14
(i) notice in the approved form that a proposed 15
transferee has given a notice under the Foreign 16
Acquisitions and Takeovers Act 1975 (Cwlth) 17
about a proposal that relates to the assessable 18
transfer; and 19
(ii) evidence that the proposed transferee has given the 20
notice under that Act; and 21
(iii) a statement from the proposed transferee that the 22
proposed transferee has not received notice about 23
an order or decision made under that Act about the 24
proposal; and 25
(c) within 6 months after the giving of the indicative 26
approval, subsection (6)(c)(i) and (ii) is satisfied. 27
`(8) Despite subsections (6) and (7), the approval of the assessable 28
transfer is taken not to have been given if-- 29
(a) the request for indicative approval contained incorrect 30
material information or omitted material information; 31
and 32
Page 139
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 3 Amendment of Greenhouse Gas Storage Act 2009
[s 146]
(b) had the Minister been aware of the discrepancy, the 1
Minister would not have given the indicative approval. 2
`355 Security may be required 3
`(1) The Minister may, as a condition of deciding to give the 4
approval, require the proposed transferee to give, under 5
section 271, security for the GHG authority the subject of the 6
transfer as if the proposed transferee were an applicant for the 7
GHG authority. 8
`(2) If the proposed transferee does not comply with the 9
requirement, the application may be refused. 10
`(3) When the transfer of the GHG authority is complete, section 11
271 applies to the transferee of the GHG authority as holder. 12
`355A Notice of decision 13
`(1) If the Minister decides to give the approval, the Minister must 14
give the applicant notice of the decision. 15
`(2) If the Minister decides not to give the approval, the Minister 16
must give the applicant an information notice about the 17
decision. 18
`Part 14A Recording associated 19
agreements 20
`355B Definition for pt 14A 21
`In this part-- 22
associated agreement, for a GHG authority, means an 23
agreement relating to the GHG authority, other than the 24
following-- 25
(a) a dealing with the GHG authority; 26
Page 140
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 3 Amendment of Greenhouse Gas Storage Act 2009
[s 146]
(b) a dealing with the GHG authority that is prohibited 1
under section 347; 2
(c) another agreement prescribed under a regulation as 3
unsuitable to be recorded in the GHG register. 4
`355C Recording associated agreements 5
`(1) An associated agreement for a GHG authority may be 6
recorded in the GHG register against the GHG authority. 7
`(2) Registration of an associated agreement may be sought by 8
giving the chief executive a notice of the agreement in the 9
approved form. 10
`(3) An approved form given to the chief executive under this 11
section must be accompanied by the fee prescribed under a 12
regulation. 13
`(4) The chief executive is not required to examine, or to 14
determine the validity of, an associated agreement recorded in 15
the GHG register under this section. 16
`355D Effect of recording associated agreements 17
`The recording of an associated agreement under this part 18
does not of itself-- 19
(a) give the agreement any more effect or validity than it 20
would otherwise have; or 21
(b) create an interest in the GHG authority against which it 22
is recorded. 23
Page 141
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 3 Amendment of Greenhouse Gas Storage Act 2009
[s 146]
`Part 14B Caveats 1
`355E Requirements of caveats 2
`(1) A caveat must-- 3
(a) be lodged in the approved form; and 4
(b) be signed by the caveator, the caveator's solicitor or 5
another person authorised in writing by the caveator; 6
and 7
(c) state the name and address for service of 1 person upon 8
whom any notice may be served in order to serve the 9
caveator; and 10
(d) identify the GHG authority the subject of the caveat; and 11
(e) state the nature of the right or interest claimed by the 12
caveator; and 13
(f) state the period for which the caveat is to continue in 14
force; and 15
(g) if a person consents to the lodging of the caveat, be 16
endorsed with the person's consent; and 17
(h) be accompanied by the lodgement fee prescribed under 18
a regulation. 19
`(2) A caveat that does not comply with subsection (1) is of no 20
effect. 21
`355F Lodging of caveat 22
`(1) A caveat may be lodged by any of the following-- 23
(a) a person claiming an interest in a GHG authority; 24
(b) the registered holder of a GHG authority; 25
(c) a person to whom an Australian court has ordered that 26
an interest in a GHG authority be transferred; 27
Page 142
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 3 Amendment of Greenhouse Gas Storage Act 2009
[s 146]
(d) a person who has the benefit of a subsisting order of an 1
Australian court restraining a registered holder of a 2
GHG authority from dealing with the GHG authority. 3
`(2) A caveat lodged under this section can not be registered if it 4
applies to any of the following-- 5
(a) an application for indicative approval; 6
(b) an indicative approval given by the Minister; 7
(c) an application for approval of an assessable transfer; 8
(d) a notice to register a dealing given to the chief executive 9
under section 350. 10
`355G Chief executive's functions on receipt of caveat 11
`(1) On receipt of a caveat complying with section 355E(1), the 12
chief executive must-- 13
(a) notify each holder of the affected GHG authority of the 14
receipt of the caveat; and 15
(b) notify all other persons who have an interest in the GHG 16
authority as recorded in the GHG register, including any 17
subsisting prior caveator, of the receipt of the caveat; 18
and 19
(c) record the existence of the caveat in the GHG register. 20
`(2) For subsection (1)(b), a person does not have an interest in the 21
GHG authority only because the person is a party to an 22
associated agreement recorded in the GHG register against the 23
GHG authority. 24
`355H Effect of lodging caveat 25
`(1) Until a caveat lapses, or is removed or withdrawn, the caveat 26
prevents registration of a dealing with a GHG authority over 27
which the caveat is lodged from the date and time endorsed by 28
the chief executive on the caveat as the caveat's date and time 29
of lodgement. 30
Page 143
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 3 Amendment of Greenhouse Gas Storage Act 2009
[s 146]
`(2) However, lodgement of a caveat does not prevent registration 1
of the following-- 2
(a) an instrument stated in the caveat as an instrument to 3
which the caveat does not apply; 4
(b) an instrument if the caveator consents, in the approved 5
form, to its registration and the consent is lodged with 6
the chief executive; 7
(c) an instrument executed by a mortgagee whose interest 8
was registered before lodgement of the caveat if-- 9
(i) the mortgagee has power under the mortgage to 10
execute the instrument; and 11
(ii) the caveator claims an interest in the GHG 12
authority as security for the payment of money or 13
money's worth; 14
(d) an instrument of transfer of mortgage executed by a 15
mortgagee whose interest was registered before 16
lodgement of the caveat; 17
(e) another interest that, if registered, will not affect the 18
interest claimed by the caveator. 19
`(3) The exception in subsection (2)(d) does not apply to a caveat 20
lodged by the GHG authority holder. 21
`(4) Lodgement of a caveat does not create in the caveator an 22
interest in the GHG authority affected by the caveat. 23
`355I Lapsing, withdrawal or removal of caveat 24
`(1) An agreed caveat lapses at the expiration of the term stated in 25
the caveat but, if no term is stated, the caveat continues until it 26
is withdrawn or removed. 27
`(2) A caveat that is not an agreed caveat lapses-- 28
(a) if an order of the Land Court is in force in relation to the 29
caveat--at the expiration of the order; or 30
Page 144
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 3 Amendment of Greenhouse Gas Storage Act 2009
[s 146]
(b) otherwise--at the expiration of 3 months after the date 1
of lodgement of the caveat or a shorter term stated in the 2
caveat. 3
`(3) A caveator may withdraw the caveat by notifying the chief 4
executive in writing. 5
`(4) An affected person for a caveat may apply to the Land Court 6
for an order that the caveat be removed. 7
`(5) The Land Court may make the order whether or not the 8
caveator has been served with the application, and may make 9
the order on the terms it considers appropriate. 10
`(6) If a caveat is withdrawn, lapses or is ordered to be removed, 11
the chief executive must record the withdrawal, lapse or 12
removal in the register. 13
`(7) In this section-- 14
affected person, for a caveat, means a person-- 15
(a) who has a right or interest (present or prospective) in the 16
GHG authority the subject of the caveat; or 17
(b) whose right (present or prospective) to deal with the 18
GHG authority the subject of the caveat is affected by 19
the caveat. 20
agreed caveat means a caveat to which each holder of the 21
GHG authority the subject of the caveat has consented, if the 22
consent has been lodged with the caveat. 23
`355J Further caveat not available to same person 24
`(1) This section applies if a caveat (the original caveat) is lodged 25
in relation to an interest. 26
`(2) A further caveat with the same caveator can never be lodged 27
in relation to the interest on the same, or substantially the 28
same, grounds as the grounds stated in the original caveat 29
unless-- 30
(a) the consent of each holder of the GHG authority the 31
subject of the caveat has been lodged with the caveat; or 32
Page 145
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 3 Amendment of Greenhouse Gas Storage Act 2009
[s 147]
(b) the leave of a court of competent jurisdiction to lodge 1
the further caveat has been granted. 2
`355K Compensation for lodging caveat without reasonable 3
cause 4
`A person who lodges a caveat in relation to a GHG authority 5
without reasonable cause is liable to compensate anyone else 6
who suffers loss or damage because of the caveat.'. 7
Clause 147 Amendment of s 370 (Joint holders of a GHG authority) 8
Section 370(2)(a)-- 9
omit, insert-- 10
`(a) an application is made for a GHG authority, or for 11
approval of an assessable transfer relating to a GHG 12
authority, for more than 1 proposed holder or transferee; 13
and'. 14
Clause 148 Amendment of s 411 (Place for making applications, 15
lodging documents or making submissions) 16
(1) Section 411, heading, after `Place'-- 17
insert-- 18
`or way'. 19
(2) Section 411(2)-- 20
omit, insert-- 21
`(2) The application, document or submission may be made or 22
given only-- 23
(a) at the following place-- 24
(i) the office of the department provided for under the 25
relevant approved form for that purpose; 26
(ii) if the relevant approved form does not make 27
provision as mentioned in subparagraph (i) or if 28
Page 146
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 3 Amendment of Greenhouse Gas Storage Act 2009
[s 149]
there is no relevant approved form--the office of 1
the department notified on the department's 2
website; or 3
(b) in the way prescribed under a regulation. 4
`(3) Without limiting subsection (2)(b), the way prescribed under a 5
regulation may include making or giving the application, 6
document or submission at another place. 7
`(4) This section does not apply to the following-- 8
(a) the making of an application to the Land Court; 9
(b) the giving of a document that, under this Act, must be 10
given in the required way for giving reports to the chief 11
executive.'. 12
Clause 149 Replacement of ss 412 and 413 13
Sections 412 and 413-- 14
omit, insert-- 15
`412 Requirements for making an application 16
`(1) The Minister must refuse to receive or process a purported 17
application, other than to the Land Court, not made under the 18
requirements under this Act for making the application. 19
`(2) However, the Minister may decide to allow the application to 20
proceed and be decided as if it did comply with the 21
requirements if the Minister is satisfied the application 22
substantially complies with the requirements. 23
`(3) If the Minister decides to refuse to receive or process the 24
purported application-- 25
(a) the Minister must give the applicant written notice of the 26
decision and the reasons for it; and 27
(b) the chief executive must refund the application fee to the 28
applicant. 29
Page 147
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 3 Amendment of Greenhouse Gas Storage Act 2009
[s 149]
`413 Request to applicant about application 1
`(1) For an application under this Act, the chief executive may, by 2
notice, require the applicant to do all or any of the following 3
within a stated reasonable period-- 4
(a) complete or correct the application if it appears to the 5
chief executive to be incorrect, incomplete or defective; 6
(b) give the chief executive or a stated officer of the 7
department additional information about, or relevant to, 8
the application; 9
Example-- 10
The application is for a GHG tenure. The chief executive may 11
require a document, prepared by an appropriately qualified 12
person, independently verifying geological or predictive 13
migration data given in the proposed work program or 14
development plan for the GHG tenure. 15
(c) give the chief executive or a stated officer of the 16
department an independent report by an appropriately 17
qualified person, or a statement or statutory declaration, 18
verifying all or any of the following-- 19
(i) any information included in the application; 20
(ii) any additional information required under 21
paragraph (b); 22
(iii) if the application is for a GHG tenure--that the 23
applicant meets the relevant capability criteria 24
under chapter 2 or 3. 25
`(2) For subsection (1)(b), if the application is for a GHG 26
authority, a required document may include a survey or 27
resurvey of the area of the proposed authority carried out by a 28
person who is a cadastral surveyor under the Surveyors Act 29
2003. 30
`(3) For subsection (1)(c), the notice may require the statement or 31
statutory declaration-- 32
(a) to be made by an appropriately qualified independent 33
person or by the applicant; and 34
Page 148
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 3 Amendment of Greenhouse Gas Storage Act 2009
[s 149]
(b) if the applicant is a corporation--to be made for the 1
applicant by an executive officer of the applicant. 2
`(4) The giving of a statement for subsection (1)(c) does not 3
prevent the chief executive from also requiring a statutory 4
declaration for the subsection. 5
`(5) The applicant must bear any costs incurred in complying with 6
the notice. 7
`(6) The chief executive may extend the period for complying with 8
the notice. 9
`(7) In this section-- 10
application does not include an application to the Land Court. 11
information includes a document. 12
`413A Refusing application for failure to comply with 13
request 14
`The Minister may refuse an application if-- 15
(a) a notice under section 413 has been given for the 16
application; and 17
(b) the period stated in the notice for complying with it has 18
ended; and 19
(c) the request has not been complied with to the chief 20
executive's satisfaction. 21
`413B Notice to progress GHG authority or renewal 22
application 23
`(1) The Minister may by notice require an applicant for, or to 24
renew, a GHG authority to, within a stated reasonable period, 25
do any thing required of the applicant under this Act or 26
another Act to allow the application to be decided or the 27
authority to be granted or renewed. 28
`(2) However, the period for complying with the notice must be at 29
least 20 business days after the notice is given. 30
Page 149
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 3 Amendment of Greenhouse Gas Storage Act 2009
[s 150]
`(3) The Minister may extend the period for complying with the 1
notice. 2
`(4) The Minister may refuse the application if the applicant does 3
not comply with the requirement.'. 4
Clause 150 Amendment of s 427 (Practice manual) 5
(1) Section 427(3)(b) and (c)-- 6
omit, insert-- 7
`(b) the person gives the information-- 8
(i) at the place or in the way permitted under the 9
manual; or 10
(ii) at the place or in the way the information would be 11
required to be given under section 411 if the 12
information were a document;'. 13
(2) Section 427(4)-- 14
omit. 15
(3) Section 427(5) and (6)-- 16
renumber as section 427(4) and (5). 17
(4) Section 427(5), as renumbered, `subsection (5)'-- 18
omit, insert-- 19
`subsection (4)'. 20
Clause 151 Amendment of s 429 (Regulation-making power) 21
Section 429(2)-- 22
insert-- 23
`(c) be made about the way an application, document or 24
submission must be made or given for section 411(2)(b), 25
or the way a report must be given for section 255(2)(b), 26
including, for example-- 27
Page 150
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 3 Amendment of Greenhouse Gas Storage Act 2009
[s 152]
(i) practices and procedures for lodgement of 1
applications and other documents; and 2
(ii) methods for acknowledging receipt of documents; 3
and 4
(iii) methods for acceptance of the lodgement of 5
documents; and 6
(iv) the time at which a document is taken to have been 7
lodged, but only to the extent that this Act does not 8
provide otherwise; or 9
(d) requiring lodgement of a hard copy of the application, 10
document or submission.'. 11
Clause 152 Insertion of new ch 8, pt 3, div 3 12
Chapter 8, part 3-- 13
insert-- 14
`Division 3 Transitional provisions for 15
amendments in amending Act 16
commencing by proclamation 17
`444 Undecided applications for approval of particular 18
dealing 19
`(1) This section applies to an application for approval of a third 20
party transfer-- 21
(a) made, before the commencement, under former chapter 22
5, part 14, division 3; and 23
(b) not decided before the commencement. 24
`(2) The Minister may continue to deal with the application under 25
former chapter 5, part 14, division 3 as if the division had not 26
been repealed under the amending Act. 27
`(3) In this section-- 28
Page 151
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 3 Amendment of Greenhouse Gas Storage Act 2009
[s 152]
third party transfer has the meaning given by former section 1
347. 2
`445 Deciding applications for approval of assessable 3
transfers until commencement of particular provisions 4
`(1) This section applies until the commencement of the 5
Environmental Protection Act 1994, chapter 5A, part 4 as 6
inserted by the Environmental Protection (Greentape 7
Reduction) and Other Legislation Amendment Act 2012. 8
`(2) Former section 353(2)(a) continues in force instead of section 9
354(4)(b), as inserted by the amending Act, for deciding 10
whether to give an approval of an assessable transfer. 11
`446 Uncommenced appeals about refusal to approve 12
particular dealing 13
`(1) This section applies to a person if-- 14
(a) before the commencement, the person could appeal to 15
the Land Court under section 395 in relation to a refusal 16
to approve a third party transfer under former section 17
353; but 18
(b) the person had not started the appeal before the 19
commencement. 20
`(2) Despite the amendment of schedule 1 by the amending Act, 21
the person continues to be a person who may start an appeal 22
under section 395, subject to sections 396 and 397. 23
`447 Unfinished appeals about refusal to approve 24
particular dealing 25
`(1) This section applies if, before the commencement-- 26
(a) a person started an appeal under section 397 in relation 27
to a refusal to approve an assessable transfer under 28
former section 353; and 29
(b) the Land Court had not yet decided the appeal. 30
Page 152
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 3 Amendment of Greenhouse Gas Storage Act 2009
[s 153]
`(2) The Land Court may continue, under chapter 6, part 3, to 1
grant a stay of the decision being appealed, and hear and 2
decide the appeal.'. 3
Clause 153 Amendment of sch 1 (Decisions subject to appeal) 4
Schedule 1, entry for section 353-- 5
omit, insert-- 6
`354 refusal to approve an assessable transfer'. 7
Clause 154 Amendment of sch 2 (Dictionary) 8
(1) Schedule 2, definitions dealing and third party transfer-- 9
omit. 10
(2) Schedule 2-- 11
insert-- 12
`apply, in relation to making an application, has the meaning 13
affected by section 411. 14
assessable transfer, for chapter 5, part 14, see section 348(2). 15
associated agreement, for chapter 5, part 14A, see section 16
355B. 17
dealing, with a GHG authority, see section 346. 18
give, a document to the Minister or the chief executive, has the 19
meaning affected by section 411. 20
indicative approval, of an assessable transfer, see section 21
352(1)(a). 22
make submissions has the meaning affected by section 411. 23
non-assessable transfer, for chapter 5, part 14, see section 24
348(1).'. 25
Page 153
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 4 Amendment of Mineral Resources Act 1989
[s 155]
Part 4 Amendment of Mineral 1
Resources Act 1989 2
Clause 155 Act amended 3
This part amends the Mineral Resources Act 1989. 4
Note-- 5
See also the amendments in-- 6
(a) chapter 2, part 5; and 7
(b) chapter 4, part 1; and 8
(c) schedules 1 to 3. 9
Clause 156 Insertion of new s 6D 10
After section 6C-- 11
insert-- 12
`6D Types of authority under Act 13
`The types of authority under this Act are-- 14
(a) a prospecting permit; and 15
(b) a mining claim; and 16
(c) an exploration permit; and 17
(d) a mineral development licence; and 18
(e) a mining lease.'. 19
Clause 157 Amendment of s 10AA (Joint holders of mining tenement) 20
(1) Section 10AA(2)(a)-- 21
omit, insert-- 22
`(a) an application is made for a mining tenement, or for 23
approval of an assessable transfer for a mining tenement 24
or an application transfer, for more than 1 proposed 25
holder or transferee; and'. 26
Page 154
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 4 Amendment of Mineral Resources Act 1989
[s 158]
(2) Section 10AA(2), `assignees'-- 1
omit, insert-- 2
`transferees'. 3
Clause 158 Amendment of s 10A (Extension of certain entitlements 4
to registered native title bodies corporate and registered 5
native title claimants) 6
Section 10A(3), `sections 34, 96(11), 125, 198(10), 231(6), 7
300(13) and 317'-- 8
omit, insert-- 9
`sections 34, 125, 231(9) and 317'. 10
Clause 159 Replacement of s 63 (Priority of applications for grant of 11
mining claims) 12
Section 63-- 13
omit, insert-- 14
`63 Priority of mining claim applications 15
`(1) Applications made under this Act for the grant of mining 16
claims for the same land must be considered and decided 17
according to the day on which they are lodged. 18
`(2) If the applications were lodged on the same day-- 19
(a) they take the priority the mining registrar decides, after 20
considering the relative merits of each application; and 21
(b) the mining registrar must give each applicant a written 22
notice stating there is competition for priority between 23
the applicant's application and another application or 24
other applications lodged on the same day as the day on 25
which the applicant's application was lodged.'. 26
Clause 160 Insertion of new s 71A 27
After section 71-- 28
Page 155
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 4 Amendment of Mineral Resources Act 1989
[s 161]
insert-- 1
`71A Objection may be withdrawn 2
`(1) An objection to an application for a mining claim may be 3
withdrawn by the objector giving written notice of the 4
withdrawal to-- 5
(a) the mining registrar; and 6
(b) if the objection has been referred to the Land Court 7
under section 72-- 8
(i) the Land Court; and 9
(ii) the applicant. 10
`(2) A withdrawal of an objection can not be revoked.'. 11
Clause 161 Amendment of s 72 (Referral to Land Court of application 12
and objections) 13
Section 72(6)-- 14
omit, insert-- 15
`(6) In this section-- 16
properly made objection means an objection-- 17
(a) lodged under section 71; and 18
(b) for which section 71(4) has been complied with; and 19
(c) that has not been withdrawn.'. 20
Clause 162 Amendment of s 81 (Conditions of mining claim) 21
(1) Section 81(1)(b)-- 22
omit. 23
(2) Section 81(1)(c) to (o)-- 24
renumber as section 81(1)(b) to (n). 25
(3) Section 81(5), `subsection (1)(e), (g)(ii) and (l)'-- 26
Page 156
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 4 Amendment of Mineral Resources Act 1989
[s 163]
omit, insert-- 1
`subsection (1)(d), (f)(ii) and (k)'. 2
Clause 163 Amendment of s 91 (Initial term of mining claim) 3
(1) Section 91(2)-- 4
renumber as section 91(4). 5
(2) Section 91(1)-- 6
omit, insert-- 7
`(1) The initial term of a mining claim is the period not greater 8
than 5 years approved by the mining registrar, unless the claim 9
is sooner terminated. 10
`(2) Despite subsection (1), the term of the mining claim must not 11
be for a period longer than the period for which compensation 12
has been agreed or determined under section 85 or 86. 13
`(3) The initial term of a mining claim commences on the first day 14
of the month that next follows the day the mining claim is 15
granted.'. 16
Clause 164 Amendment of s 93 (Renewal of mining claim) 17
(1) Section 93(4) to (9)-- 18
renumber as section 93(7) to (12). 19
(2) Section 93(3)-- 20
omit, insert-- 21
`(3) Subsection (4) applies for an application for renewal of a 22
mining claim if-- 23
(a) if the application relates to a mining claim subject to a 24
condition that the holder is not entitled to have the 25
mining claim renewed-- 26
(i) the mining registrar is satisfied the mining claim 27
should be renewed; and 28
Page 157
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 4 Amendment of Mineral Resources Act 1989
[s 164]
(ii) if the condition was imposed by the Governor in 1
Council--the Governor in Council consents to the 2
renewal; and 3
(iii) if the condition was imposed by the Land 4
Court--the Land Court consents to the renewal; 5
and 6
(b) the mining registrar is satisfied-- 7
(i) the holder has complied with the conditions of the 8
mining claim; and 9
(ii) the holder has complied with this Act and other 10
mining legislation applicable to the holder relating 11
to the mining claim; and 12
(iii) the area of the mining claim still contains workable 13
quantities of mineral or mineral bearing ore. 14
`(4) The mining registrar must, subject to part 14, division 5, grant 15
a renewal of the mining claim in the name of the holder for a 16
further term not greater than 5 years. 17
`(5) The grant must be subject to-- 18
(a) the conditions of the mining claim; and 19
(b) any other conditions determined by the mining registrar. 20
`(6) Despite subsection (4), the further term of the mining claim 21
must not be for a period longer than the period for which 22
compensation has been agreed or determined under section 85 23
or 86.'. 24
(3) Section 93(7), as renumbered, `subsection (3)'-- 25
omit, insert-- 26
`subsection (4)'. 27
(4) Section 93(8), as renumbered, `subsection (3)'-- 28
omit, insert-- 29
`subsection (5)'. 30
Page 158
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 4 Amendment of Mineral Resources Act 1989
[s 165]
Clause 165 Amendment of s 93D (Renewal of claim must be in name 1
of last recorded assignee) 2
(1) Section 93D, `assignee'-- 3
omit, insert-- 4
`transferee'. 5
(2) Section 93D(1), `an assignment of a mining claim is approved 6
and recorded under section 96(6)'-- 7
omit, insert-- 8
`a transfer of a mining claim is registered under section 9
318AAT'. 10
(3) Section 93D(2), `assignment approved and recorded'-- 11
omit, insert-- 12
`transfer registered'. 13
Clause 166 Omission of ss 96-102 14
Sections 96 to 102-- 15
omit. 16
Clause 167 Amendment of s 105 (Mining other minerals) 17
(1) Section 105(4) to (6)-- 18
renumber as section 105(5) to (7). 19
(2) Section 105(3)-- 20
omit, insert-- 21
`(3) The application and any other application for the grant of a 22
mining lease for the same minerals must be considered and 23
decided according to the day on which they are lodged. 24
`(4) If the applications were lodged on the same day-- 25
(a) they take the priority the Minister decides, after 26
considering the relative merits of each application; and 27
Page 159
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 4 Amendment of Mineral Resources Act 1989
[s 168]
(b) the mining registrar must give each applicant a written 1
notice stating there is competition for priority between 2
the applicant's application and another application, or 3
other applications, lodged on the same day as the day on 4
which the applicant's application was lodged.'. 5
Clause 168 Amendment of s 108 (Abandonment of application for 6
mining claim) 7
Section 108(2), from `on'-- 8
omit, insert-- 9
`on-- 10
(a) if the application has been referred to the Land Court 11
under section 72--the Land Court; and 12
(b) all other persons on whom the applicant was required 13
under this Act to give a copy of the certificate of public 14
notice for the mining claim.'. 15
Clause 169 Amendment of s 129 (Entitlements under exploration 16
permit) 17
(1) Section 129(1)(a), `exploration;'-- 18
omit, insert-- 19
`exploration; and'. 20
(2) Section 129(1)(b)-- 21
omit, insert-- 22
`(b) the holder of the permit may, subject to compliance with 23
this Act, have considered for grant, in priority to all 24
other persons, an application for the grant of a mineral 25
development licence or mining lease for all or part of the 26
area of the permit; and 27
(c) the holder of the permit may enter the area of the permit 28
for either or both of the following purposes-- 29
Page 160
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 4 Amendment of Mineral Resources Act 1989
[s 170]
(i) doing all acts necessary to comply with this Act for 1
an application mentioned in paragraph (b); 2
Example for paragraph (c)(i)-- 3
The holder of the permit wishes to apply for the grant of a 4
mining lease for the area of the permit. The holder may 5
enter the area to mark out the boundary of the area under 6
section 240. 7
(ii) if the application or EIS relates to an application 8
mentioned in paragraph (b), doing all acts 9
necessary to comply with-- 10
(A) an application for an environmental authority 11
under the Environmental Protection Act; or 12
(B) that Act for an EIS; or 13
(C) the State Development and Public Works 14
Organisation Act 1971 for an EIS. 15
Example for paragraph (c)(ii)-- 16
The holder of the permit wishes to apply for the grant of a 17
mining lease for the area of the permit. The holder also 18
wishes to apply for an environmental authority for a 19
mining activity that relates to the mining lease under the 20
Environmental Protection Act. The holder may enter the 21
area to carry out an environmental assessment for the 22
environmental authority application under the 23
Environmental Protection Act, section 125(1)(l).'. 24
Clause 170 Replacement of s 131 (Restriction on grant of exploration 25
permits over same sub-block) 26
Section 131-- 27
omit, insert-- 28
`131 Who may apply 29
`(1) An eligible person may apply for an exploration permit (the 30
proposed permit) other than for a sub-block-- 31
(a) over which a current exploration permit authorises 32
exploration for a mineral for which the proposed permit 33
is sought; or 34
Page 161
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 4 Amendment of Mineral Resources Act 1989
[s 171]
(b) that has been the subject of an exploration permit (the 1
earlier permit) authorising the exploration for a mineral 2
for which the proposed permit is sought and less than 2 3
months has passed since the end of the month in which 4
the sub-block ceased to be in-- 5
(i) the earlier permit's area; or 6
(ii) if the earlier permit has ended--the former earlier 7
permit's area; or 8
(c) that is or has been the subject of an earlier exploration 9
permit application if the earlier application was for a 10
mineral for which the proposed permit is sought and-- 11
(i) the earlier application has not been decided; or 12
(ii) if the earlier application has been refused or 13
abandoned--less than 2 months has passed since 14
the end of the month in which the earlier 15
application was refused or abandoned. 16
`(2) Despite subsection (1)(a), an eligible person may apply for a 17
proposed permit for a sub-block (the relevant sub-block) in 18
the area of a current exploration permit if-- 19
(a) the person is the holder of the current exploration 20
permit; and 21
(b) the person purports to surrender the current exploration 22
permit under section 161(1) and the application for the 23
proposed permit relates to land including the relevant 24
sub-block. 25
`(3) Despite subsection (1)(b), an eligible person may apply for a 26
proposed permit for a sub-block over which the person held 27
an exploration permit the person had surrendered to be 28
granted a further exploration permit for the sub-block.'. 29
Clause 171 Omission of s 133A (Minister may request information) 30
Section 133A-- 31
omit. 32
Page 162
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 4 Amendment of Mineral Resources Act 1989
[s 172]
Clause 172 Omission of s 135 (No application for exploration permit 1
within 2 months of land ceasing to be subject to 2
exploration permit) 3
Section 135-- 4
omit. 5
Clause 173 Amendment of s 139 (Periodic reduction in land covered 6
by exploration permit) 7
(1) Section 139(1), from `reduced--'-- 8
omit, insert-- 9
`reduced-- 10
(a) by 40% by the end of the first 3 years after the permit is 11
granted; and 12
(b) by a further 50% of the remaining area of the permit by 13
the end of the first 5 years after the permit is granted; 14
and 15
(c) each time the permit is renewed-- 16
(i) by a further 40% of the remaining area of the 17
permit by the end of the first 3 years after the day 18
the renewed permit started; and 19
(ii) by a further 50% of the remaining area of the 20
permit by the end of the first 5 years after the day 21
the renewed permit started. 22
Note-- 23
See section 147D.'. 24
(2) Section 139(1A)-- 25
omit. 26
Clause 174 Amendment of s 141 (Conditions of exploration permit) 27
(1) Section 141(1)(e)-- 28
omit. 29
Page 163
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 4 Amendment of Mineral Resources Act 1989
[s 175]
(2) Section 141(1)(f) and (fa)-- 1
renumber as section 141(1)(e) and (f). 2
Clause 175 Omission of s 147AA (Minister may request information) 3
Section 147AA-- 4
omit. 5
Clause 176 Amendment of s 147C (Continuation of permit while 6
application being dealt with) 7
(1) Section 147C(3)(b), from `information' to `section 8
147AA(2)'-- 9
omit, insert-- 10
`action that must be taken under section 386K(1)'. 11
(2) Section 147C(4), definition outstanding request application, 12
paragraph (b)(i), (ii) and (iii)-- 13
omit, insert-- 14
`(i) the chief executive has given a notice under section 15
386J(1); and 16
(ii) the period to comply with the notice under section 17
386K(1) ends after the permit expiry day; and 18
(iii) the notice has not been complied with.'. 19
Clause 177 Amendment of s 147F (Renewal of permit must be in 20
name of last recorded assignee) 21
(1) Section 147F, `assignee'-- 22
omit, insert-- 23
`transferee'. 24
(2) Section 147F(1), `an assignment of an exploration permit is 25
approved and recorded under section 151(5)'-- 26
omit, insert-- 27
Page 164
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 4 Amendment of Mineral Resources Act 1989
[s 178]
`a transfer of an exploration permit is registered under section 1
318AAT'. 2
(3) Section 147F(2), `assignment approved and recorded'-- 3
omit, insert-- 4
`transfer registered'. 5
Clause 178 Omission of ss 151-158 6
Sections 151 to 158-- 7
omit. 8
Clause 179 Amendment of s 160 (Contravention by holder of 9
exploration permit) 10
Section 160(6), `interest recorded pursuant to section 158'-- 11
omit, insert-- 12
`associated agreement recorded in the register under part 13
7AAAC'. 14
Clause 180 Omission of s 183A (Minister may request information) 15
Section 183A-- 16
omit. 17
Clause 181 Amendment of s 193 (Rental payable on mineral 18
development licence) 19
Section 193(5)(a), `interest recorded pursuant to section 20
205'-- 21
omit, insert-- 22
`associated agreement recorded in the register under part 23
7AAAC'. 24
Page 165
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 4 Amendment of Mineral Resources Act 1989
[s 182]
Clause 182 Amendment of s 194 (Conditions of mineral development 1
licence) 2
(1) Section 194(1)(e)-- 3
omit. 4
(2) Section 194(1)(f) and (fa)-- 5
renumber as section 194(1)(e) and (f). 6
Clause 183 Omission of s 197AA (Minister may request information) 7
Section 197AA-- 8
omit. 9
Clause 184 Amendment of s 197C (Continuation of licence while 10
application being dealt with) 11
(1) Section 197C(3)(b), from `information' to `section 12
197AA(2)'-- 13
omit, insert-- 14
`action that must be taken under section 386K(1)'. 15
(2) Section 197C(4), definition outstanding request application, 16
paragraph (b)(i), (ii) and (iii)-- 17
omit, insert-- 18
`(i) the chief executive has given a notice under section 19
386J(1); and 20
(ii) the period to comply with the notice under section 21
386K(1) ends after the licence expiry day; and 22
(iii) the notice has not been complied with.'. 23
Clause 185 Amendment of s 197F (Renewal of licence must be in 24
name of last recorded assignee) 25
(1) Section 197F, `assignee'-- 26
omit, insert-- 27
Page 166
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 4 Amendment of Mineral Resources Act 1989
[s 186]
`transferee'. 1
(2) Section 197F(1), `an assignment of a mineral development 2
licence is approved and recorded under section 198(6)'-- 3
omit, insert-- 4
`a transfer of a mineral development licence is registered 5
under section 318AAT'. 6
(3) Section 197F(2), `assignment approved and recorded'-- 7
omit, insert-- 8
`transfer registered'. 9
Clause 186 Omission of ss 198-205 10
Sections 198 to 205-- 11
omit. 12
Clause 187 Amendment of s 209 (Contravention by holder of mineral 13
development licence) 14
Section 209(6), `interest recorded pursuant to section 205'-- 15
omit, insert-- 16
`associated agreement recorded in the register under part 17
7AAAC'. 18
Clause 188 Amendment of s 231G (Conditions of mineral 19
development licence (194)) 20
(1) Section 231G(1)(e), `assign'-- 21
omit, insert-- 22
`transfer'. 23
(2) Section 231G(1)(f), `, and in the way,'-- 24
omit. 25
Page 167
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 4 Amendment of Mineral Resources Act 1989
[s 189]
Clause 189 Amendment of s 231I (Requirements for assigning or 1
mortgaging mineral development licences (198)) 2
(1) Section 231I, heading, `assigning'-- 3
omit, insert-- 4
`transferring'. 5
(2) Section 231I, heading, `(198)'-- 6
omit. 7
(3) Section 231I(1), `section 198.'-- 8
omit, insert-- 9
`part 7AAAB, divisions 2 and 3.'. 10
(4) Section 231I(2), `assigned'-- 11
omit, insert-- 12
`transferred'. 13
(5) Section 231I(2), `assignment'-- 14
omit, insert-- 15
`transfer'. 16
Clause 190 Amendment of s 234 (Governor in Council may grant 17
mining lease) 18
Section 234, `Governor in Council'-- 19
omit, insert-- 20
`Minister'. 21
Clause 191 Replacement of s 238 (Mining lease over surface of 22
reserve or land near a dwelling house) 23
Section 238-- 24
omit, insert-- 25
Page 168
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 4 Amendment of Mineral Resources Act 1989
[s 192]
`238 Mining lease over surface of restricted land 1
`(1) A mining lease may be granted over the surface of land that 2
was restricted land when the application for the lease was 3
lodged only if-- 4
(a) the owner of the land where the relevant permanent 5
building, or relevant feature, is situated, consents in 6
writing to the application; and 7
(b) the applicant lodges the consent with the mining 8
registrar before the last objection day ends. 9
`(2) A consent given for subsection (1) can not be withdrawn.'. 10
Clause 192 Omission of ss 245A and 247 11
Sections 245A and 247-- 12
omit. 13
Clause 193 Replacement of s 251 (Priority of applications for grant of 14
mining lease) 15
Section 251-- 16
omit, insert-- 17
`251 Priority of mining lease applications 18
`(1) Applications made under this Act for the grant of mining 19
leases for the same land must be considered and decided 20
according to the day on which they are lodged. 21
`(2) If 2 or more applications are lodged on the same day-- 22
(a) they take the priority the Minister decides, after 23
considering the relative merits of each application; and 24
(b) the mining registrar must give each applicant a written 25
notice stating there is competition for priority between 26
the applicant's application and another application, or 27
other applications, lodged on the same day as the day on 28
which the applicant's application was lodged.'. 29
Page 169
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 4 Amendment of Mineral Resources Act 1989
[s 194]
Clause 194 Insertion of new s 261 1
After section 260-- 2
insert-- 3
`261 Objection may be withdrawn 4
`(1) An objection to an application for a mining lease may be 5
withdrawn by the objector giving written notice of the 6
withdrawal to-- 7
(a) the mining registrar; and 8
(b) if the objection has been referred to the Land Court 9
under section 265-- 10
(i) the Land Court; and 11
(ii) the applicant. 12
`(2) A withdrawal of an objection can not be revoked.'. 13
Clause 195 Amendment of s 265 (Referral of application and 14
objections to Land Court) 15
(1) Section 265(5)-- 16
omit, insert-- 17
`(5) If the Land Court fixes a date for the hearing and all properly 18
made objections are withdrawn before the hearing starts, the 19
Land Court may remit the matter to the mining registrar.'. 20
(2) Section 265-- 21
insert-- 22
`(8) In this section-- 23
properly made objection means an objection lodged under 24
section 260 that has not been withdrawn.'. 25
Clause 196 Amendment of s 269 (Land Court's recommendation on 26
hearing) 27
(1) Section 269(1)-- 28
Page 170
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 4 Amendment of Mineral Resources Act 1989
[s 197]
insert-- 1
`Note-- 2
For other relevant provisions about forwarding documents, see section 3
386O. 4
(2) Section 269(2)-- 5
omit, insert-- 6
`(2) For subsection (1)(d), the Land Court's recommendation must 7
consist of-- 8
(a) a recommendation to the Minister that the application be 9
granted or rejected in whole or in part; and 10
(b) if the application relates to land that is the surface of a 11
reserve and the owner of the reserve has not consented 12
to the grant of a mining lease over the surface area, the 13
following-- 14
(i) a recommendation to the Minister as to whether the 15
Governor in Council should consent to the grant 16
over the surface area; 17
(ii) any conditions to which the mining lease should be 18
subject.'. 19
Clause 197 Replacement of s 271 (Minister to consider application 20
for grant of mining lease) 21
Section 271-- 22
omit, insert-- 23
`271 Criteria for deciding mining lease application 24
`In considering an application for the grant of a mining lease, 25
the Minister must consider-- 26
(a) any Land Court recommendation for the application; 27
and 28
(b) the matters mentioned in section 269(4); and 29
Page 171
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 4 Amendment of Mineral Resources Act 1989
[s 197]
(c) any native title issues decision made by the tribunal 1
under part 17, division 4 or any substituted decision 2
made by the Minister under part 17, division 4 in 3
overruling the tribunal's decision. 4
`271A Deciding mining lease application 5
`(1) The Minister may, after considering the criteria under section 6
271 for a mining lease application, decide to-- 7
(a) grant the applicant a mining lease for the whole or part 8
of the land in the application; or 9
(b) reject the application; or 10
(c) refer the matter to the Land Court to conduct a hearing 11
or further hearing on the application generally or on 12
specific matters raised by the Minister. 13
`(2) However, a mining lease may only be granted for land that is 14
the surface of a reserve if-- 15
(a) the owner of the land has given written consent to the 16
grant over the surface area and the applicant has lodged 17
the consent with the mining registrar; or 18
(b) the Governor in Council has consented to the grant over 19
the surface area. 20
Note-- 21
If the application relates to acquired land, see also section 10AAC. 22
`(3) If a mining lease is granted for only part of the land, the 23
application is taken to have been rejected for the rest of the 24
land. 25
`271B Steps to be taken after application decided 26
`(1) This section applies if a mining lease is rejected in whole or in 27
part or the Minister refers the matter to the Land Court (the 28
referral). 29
Page 172
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 4 Amendment of Mineral Resources Act 1989
[s 198]
`(2) The Minister must, as soon as practicable, give the applicant a 1
written notice stating the rejection or the referral and the 2
reasons for it.'. 3
Clause 198 Amendment of s 276 (General conditions of mining lease) 4
(1) Section 276(1)(e)-- 5
omit. 6
(2) Section 276(1)(f) to (n)-- 7
renumber as section 276(1)(e) to (m). 8
(3) Section 276(1)(e), as renumbered, `as prescribed'-- 9
omit, insert-- 10
`as required under this Act'. 11
(4) Section 276(1)(m), as renumbered, and (1A), `Governor in 12
Council'-- 13
omit, insert-- 14
`Minister'. 15
(5) Section 276(2), `Governor in Council may, on the 16
recommendation of the Minister,'-- 17
omit, insert-- 18
`Minister may'. 19
(6) Section 276(2), `subsection (1)(c) and (i)'-- 20
omit, insert-- 21
`subsection (1)(c) and (h)'. 22
Clause 199 Amendment of s 284 (Initial term of mining lease) 23
(1) Section 284(2)-- 24
renumber as section 284(4). 25
(2) Section 284(1)-- 26
Page 173
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 4 Amendment of Mineral Resources Act 1989
[s 200]
omit, insert-- 1
`(1) The initial term of a mining lease is the period approved by 2
the Minister, unless the lease is sooner terminated. 3
`(2) Despite subsection (1), the term of the mining lease must not 4
be for a period longer than the period for which compensation 5
has been agreed or determined under section 279, 281 or 282. 6
`(3) The initial term of a mining lease commences on the first day 7
of the month that next follows the day the mining lease is 8
granted.'. 9
Clause 200 Amendment of s 285 (Mining lease may be specified it is 10
not renewable) 11
(1) Section 285(1) and (2)-- 12
omit, insert-- 13
`(1) Subsection (2) applies if the Minister is satisfied the land the 14
subject of an application for grant or renewal of a mining 15
lease is, or will be, required for some purpose other than 16
mining. 17
`(2) The Minister may grant the lease or renewal subject to a 18
condition that the holder is not entitled to have the mining 19
lease renewed or further renewed.'. 20
(2) Section 285(3), from `referred' to `therefor'-- 21
omit, insert-- 22
`under subsection (2), the Minister must give written notice of 23
the reasons for the decision'. 24
Clause 201 Omission of s 286AA (Mining registrar may request 25
information) 26
Section 286AA-- 27
omit. 28
Page 174
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 4 Amendment of Mineral Resources Act 1989
[s 202]
Clause 202 Amendment of s 286A (Decision on application) 1
(1) Section 286A(1), from `Governor in Council' to `Minister 2
is'-- 3
omit, insert-- 4
`Minister may grant an application for the renewal of a mining 5
lease if'. 6
(2) Section 286A(3) to (8)-- 7
renumber as section 286A(4) to (9). 8
(3) Section 286A(2)-- 9
omit, insert-- 10
`(2) Subsection (3) applies if-- 11
(a) the application relates to land that is the surface of a 12
reserve; and 13
(b) the Governor in Council's consent was given to the grant 14
of the mining lease; and 15
(c) the owner of the reserve does not give written consent to 16
the renewal. 17
`(3) Despite subsection (1), the Minister can not grant the 18
application if the Governor in Council has not consented to 19
the renewal.'. 20
(4) Section 286A(4), (5)(b) and (6), as renumbered, `Governor in 21
Council'-- 22
omit, insert-- 23
`Minister'. 24
(5) Section 286A(6), as renumbered, `subsection (4)'-- 25
omit, insert-- 26
`subsection (5)'. 27
(6) Section 286A(8), as renumbered, `subsection (6)(b)'-- 28
omit, insert-- 29
Page 175
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 4 Amendment of Mineral Resources Act 1989
[s 203]
`subsection (7)(b)'. 1
(7) Section 286A(9)(b), as renumbered-- 2
omit, insert-- 3
`(b) if the decision is to grant the renewal on conditions or 4
refuse the renewal--the reasons for the decision.'. 5
Clause 203 Amendment of s 286F (Renewal of lease must be in name 6
of last recorded assignee) 7
(1) Section 286F, `assignee'-- 8
omit, insert-- 9
`transferee'. 10
(2) Section 286F(1), `an assignment of a mining lease is approved 11
and recorded under section 300(8)'-- 12
omit, insert-- 13
`a transfer of a mining lease is registered under section 14
318AAT'. 15
(3) Section 286F(2), `assignment approved and recorded'-- 16
omit, insert-- 17
`transfer registered'. 18
Clause 204 Amendment of s 289 (Mining registrar may issue 19
instrument of mining lease) 20
Section 289(1), `Governor in Council'-- 21
omit, insert-- 22
`Minister'. 23
Clause 205 Amendment of s 294 (Variation of conditions of mining 24
lease) 25
(1) Section 294(1)-- 26
Page 176
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 4 Amendment of Mineral Resources Act 1989
[s 206]
omit, insert-- 1
`(1) The conditions to which a mining lease is subject may be 2
varied by the Minister if-- 3
(a) the varied conditions are not inconsistent with this Act; 4
and 5
(b) the holder of the mining lease gives the Minister written 6
agreement.'. 7
(2) Section 294(2) and (3), `Governor in Council'-- 8
omit, insert-- 9
`Minister'. 10
Clause 206 Amendment of s 295 (Variation of mining lease for 11
accuracy etc.) 12
Section 295(1)-- 13
omit, insert-- 14
`(1) The Minister may vary a mining lease for all or any of the 15
following reasons-- 16
(a) the boundaries and area of the mining lease have been 17
more accurately worked out and described by survey or 18
another method approved by the Minister; 19
(b) the lease is contiguous to another mining lease and-- 20
(i) the holders of the mining leases have agreed to 21
exchange areas adjoining a part of a boundary 22
common to both mining leases; and 23
(ii) the Minister has approved the exchange; 24
(c) new facts have arisen since the grant of the mining lease 25
that satisfy the Minister that the variation should be 26
made to more accurately reflect the holder's 27
entitlements under the lease.'. 28
Page 177
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 4 Amendment of Mineral Resources Act 1989
[s 207]
Clause 207 Amendment of s 298 (Mining other minerals or use for 1
other purposes) 2
(1) Section 298(3)-- 3
omit, insert-- 4
`(3) The application and any other application for the grant of a 5
mining lease for the same minerals must be considered and 6
decided according to the day on which they are lodged. 7
`(3A) If the applications were lodged on the same day-- 8
(a) they take the priority the Minister decides, after 9
considering the relative merits of each application; and 10
(b) the mining registrar must give each applicant a written 11
notice stating there is competition for priority between 12
the applicant's application and another application, or 13
other applications, lodged on the same day as the day on 14
which the applicant's application was lodged.'. 15
(2) Section 298(12)(a)-- 16
omit, insert-- 17
`(a) conditions; and'. 18
Clause 208 Amendment of s 299 (Consolidation of mining leases) 19
(1) Section 299, `Governor in Council'-- 20
omit, insert-- 21
`Minister'. 22
(2) Section 299(8), from `The provisions' to `and 275'-- 23
omit, insert-- 24
`Sections 232, 240, 241, 243, 245, 251 to 253, 260, 265, 266, 25
268, 269, 271 to 272, 274 and 275'. 26
Clause 209 Omission of ss 300-306 27
Sections 300 to 306-- 28
Page 178
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 4 Amendment of Mineral Resources Act 1989
[s 210]
omit. 1
Clause 210 Amendment of s 307 (Abandonment of application for the 2
grant of a mining lease) 3
Section 307(3), from `on'-- 4
omit, insert-- 5
`on-- 6
(a) if the application has been referred to the Land Court 7
under section 265--the Land Court; and 8
(b) all other persons on whom the applicant was required 9
under this Act to give a copy of the certificate of public 10
notice for the mining lease.'. 11
Clause 211 Amendment of s 316 (Mining lease for transportation 12
through land) 13
Section 316(2), `Governor in Council may'-- 14
omit, insert-- 15
`Minister may'. 16
Clause 212 Amendment of s 318AAD (Application for grant of mining 17
lease (245)) 18
(1) Section 318AAD(f)-- 19
omit. 20
(2) Section 318AAD(g)-- 21
renumber as section 318AAD(f). 22
Clause 213 Amendment of s 318AAH (General conditions of mining 23
lease (276) 24
(1) Section 318AAH(1)(e), `assign'-- 25
omit, insert-- 26
Page 179
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 4 Amendment of Mineral Resources Act 1989
[s 214]
`transfer'. 1
(2) Section 318AAH(1)(n) and (2), `Governor in Council'-- 2
omit, insert-- 3
`Minister'. 4
Clause 214 Amendment of s 318AAI (Initial term of mining lease 5
(284)) 6
Section 318AAI(1), `Governor in Council'-- 7
omit, insert-- 8
`Minister'. 9
Clause 215 Amendment of s 318AAK (Requirements for assigning, 10
mortgaging or subleasing mining leases (300)) 11
(1) Section 318AAK, heading, `assigning'-- 12
omit, insert-- 13
`transferring'. 14
(2) Section 318AAK, heading, `(300)'-- 15
omit. 16
(3) Section 318AAK(1), `section 300.'-- 17
omit, insert-- 18
`part 7AAAB, divisions 2 and 3.'. 19
(4) Section 318AAK(2), `assigned'-- 20
omit, insert-- 21
`transferred'. 22
(5) Section 318AAK(2), `assignment'-- 23
omit, insert-- 24
`transfer'. 25
Page 180
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 4 Amendment of Mineral Resources Act 1989
[s 216]
Clause 216 Insertion of new pts 7AAAB-7AAAE 1
After section 318AAM-- 2
insert-- 3
`Part 7AAAB Dealings and transfers 4
affecting applications for 5
mining leases 6
`Division 1 Preliminary 7
`318AAN Application of pt 7AAAB 8
`(1) This part applies to the following mining tenements-- 9
(a) a mining claim; 10
(b) an exploration permit; 11
(c) a mineral development licence; 12
(d) a mining lease. 13
`(2) This part also applies to the following transfers (each an 14
application transfer)-- 15
(a) a transfer of an application for a mining lease; 16
(b) a transfer of an interest in an application for a mining 17
lease. 18
`318AAO Definitions for pt 7AAAB 19
`In this part-- 20
assessable transfer see section 318AAR(2). 21
non-assessable transfer see section 318AAR(1). 22
`318AAP What is a dealing with a mining tenement 23
`(1) Each of the following is a dealing with a mining tenement-- 24
Page 181
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 4 Amendment of Mineral Resources Act 1989
[s 216]
(a) a transfer of the mining tenement or of a share in the 1
mining tenement; 2
(b) a mortgage over the mining tenement or over a share in 3
the mining tenement; 4
(c) a release, transfer or surrender of a mortgage mentioned 5
in paragraph (b); 6
(d) a change to the mining tenement holder's name even if 7
the holder continues to be the same person after the 8
change; 9
(e) if the mining tenement is a mining lease-- 10
(i) a sublease of the mining lease; 11
(ii) a transfer of a sublease of the mining lease or of a 12
share in a sublease of the mining lease. 13
`(2) To remove any doubt, it is declared that any transaction or 14
commercial agreement not mentioned in subsection (1) is not 15
a dealing with a mining tenement. 16
`318AAQ Prohibited dealings 17
`A dealing with a mining tenement, other than a dealing 18
mentioned in section 318AAP(1)(e), that has the effect of 19
transferring a divided part of the area of the mining tenement 20
is prohibited. 21
Examples of a divided part of the area of a mining tenement-- 22
· a particular part of the surface of the area 23
· a particular strata beneath the surface of the area 24
`318AAR Types of transfers 25
`(1) The following transfers (each a non-assessable transfer) do 26
not require assessment before being registered-- 27
(a) a transfer of a mining tenement or of a share in a mining 28
tenement if-- 29
Page 182
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 4 Amendment of Mineral Resources Act 1989
[s 216]
(i) the transferee is an entity having the same 1
Australian Business Number as the entity 2
comprising all or part of the transferor; or 3
(ii) part of one holder's share in the mining tenement 4
will be transferred to another holder of the mining 5
tenement; 6
(b) a transmission by death of a mining tenement or of a 7
share in a mining tenement; 8
(c) a transfer of a mining tenement or of a share in a mining 9
tenement by operation of law; 10
(d) a transfer of a mortgage over a mining tenement or over 11
a share in a mining tenement; 12
(e) a transfer of a sublease of a mining lease or of a share in 13
a sublease of a mining lease. 14
`(2) The following transfers (each an assessable transfer) must be 15
approved by the Minister or mining registrar under division 3 16
before they can be registered-- 17
(a) a transfer of a mining tenement or of a share in a mining 18
tenement not mentioned in subsection (1); 19
(b) an application transfer. 20
`Division 2 Registration generally 21
`318AAS Registration required for all dealings and application 22
transfers 23
`(1) A dealing with a mining tenement or an application transfer 24
has no effect until it is registered. 25
`(2) A registered dealing takes effect on-- 26
(a) for a dealing that is an assessable transfer--the day the 27
transfer was approved under division 3; or 28
(b) for any other dealing--the day notice of the dealing was 29
given to the chief executive under section 318AAT. 30
Page 183
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 4 Amendment of Mineral Resources Act 1989
[s 216]
`(3) A registered application transfer takes effect on the day the 1
transfer was approved under division 3. 2
`318AAT Obtaining registration 3
`(1) Registration of a dealing with a mining tenement, other than 4
an assessable transfer, may be sought by giving the chief 5
executive a notice of the dealing in the approved form. 6
`(2) However, a dealing with a mining tenement prohibited under 7
section 318AAQ can not be registered and is of no effect. 8
`(3) The approved form must be accompanied by the fee 9
prescribed under a regulation. 10
`(4) Registration of an assessable transfer must be carried out by 11
the chief executive. 12
Note-- 13
An application transfer is an assessable dealing and must be approved 14
by the Minister or mining registrar under division 3 before registration 15
of the transfer. 16
`318AAU Effect of approval and registration 17
`The registration of a dealing with a mining tenement or 18
application transfer, or an approval of an assessable transfer 19
under division 3, allows the dealing or transfer to have effect 20
according to its terms but does not of itself give the dealing or 21
transfer any more effect or validity than it would otherwise 22
have. 23
`Division 3 Approval of assessable transfers 24
`318AAV Indicative approval 25
`(1) The holder of a mining tenement, an applicant for a mining 26
lease or the holder of an interest in an application for a mining 27
lease may, before applying for approval of an assessable 28
Page 184
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 4 Amendment of Mineral Resources Act 1989
[s 216]
transfer for the mining tenement, application or interest, 1
apply-- 2
(a) for an indication whether the transfer is likely to be 3
approved (an indicative approval); and 4
(b) if conditions are likely to be imposed on the giving of 5
the approval--for an indication what the conditions are 6
likely to be. 7
`(2) The application must be-- 8
(a) made to-- 9
(i) for a transfer relating to a mining claim--the 10
mining registrar; or 11
(ii) otherwise--the Minister; and 12
(b) in the approved form; and 13
(c) accompanied by-- 14
(i) the information the Minister or mining registrar 15
requires to make a decision; and 16
(ii) the fee prescribed under a regulation. 17
`(3) In deciding whether or not to give the indicative approval, the 18
Minister or mining registrar must consider the matters 19
mentioned in section 318AAX(2) as if the request were an 20
application for approval of an assessable transfer. 21
`(4) The Minister or mining registrar must decide whether or not 22
to give the indicative approval and give the applicant notice of 23
the decision. 24
`318AAW Applying for approval of assessable transfer 25
`(1) The holder of a mining tenement may apply for approval of an 26
assessable transfer for the mining tenement. 27
`(2) An application under subsection (1) must be-- 28
(a) made to-- 29
Page 185
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 4 Amendment of Mineral Resources Act 1989
[s 216]
(i) for a transfer relating to a mining claim--the 1
mining registrar; or 2
(ii) otherwise--the Minister; and 3
(b) in the approved form; and 4
(c) accompanied by-- 5
(i) a written consent to the transfer by the proposed 6
transferee; and 7
(ii) if the mining tenement or a share in the mining 8
tenement is subject to a mortgage--a written 9
consent to the transfer by the mortgagee; and 10
(iii) for a transfer of a share in a mining tenement--a 11
written consent to the transfer by each person, 12
other than the transferor, who holds a share in the 13
mining tenement; and 14
(iv) the fee prescribed under a regulation. 15
`(3) An applicant for a mining lease or the holder of an interest in 16
an application for a mining lease may apply for approval of an 17
assessable transfer for the application or interest. 18
`(4) An application under subsection (3) must be made to the 19
Minister in the approved form and be accompanied by-- 20
(a) a written consent to the transfer by the proposed 21
transferee; and 22
(b) a written consent to the transfer by-- 23
(i) for the transfer of an application--each person, 24
other than the transferor, who is an applicant for 25
the application; or 26
(ii) for the transfer of an interest in an 27
application--each person, other than the 28
transferor, who is the holder of the interest; and 29
(c) the fee prescribed under a regulation. 30
Page 186
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 4 Amendment of Mineral Resources Act 1989
[s 216]
`(5) However, an application under subsection (1) or (3) can not be 1
made under this section if the proposed transferee is not an 2
eligible person. 3
`318AAX Deciding application 4
`(1) The Minister or the mining registrar must decide whether or 5
not to give the approval of the assessable transfer. 6
`(2) In deciding whether or not to give the approval, the Minister 7
or mining registrar must consider-- 8
(a) the application for approval and any additional 9
information accompanying the application; and 10
(b) for an assessable transfer other than an application 11
relating to a mining claim--whether the transferee has 12
the human, technical and financial resources to comply 13
with-- 14
(i) if the application relates to an exploration 15
permit--the conditions of the exploration permit 16
under section 141; or 17
(ii) if the application relates to a mineral development 18
licence--the conditions of the mineral 19
development licence under section 194; or 20
(iii) if the application relates to a mining lease--the 21
conditions of the mining lease under section 276; 22
and 23
(c) the public interest. 24
`(3) However, subsection (2) does not apply if, under subsection 25
(6) or (7), the approval is taken to have been given. 26
`(4) The approval may be given only if-- 27
(a) the proposed transferee is-- 28
(i) an eligible person; and 29
(ii) a registered suitable operator under the 30
Environmental Protection Act; and 31
Page 187
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 4 Amendment of Mineral Resources Act 1989
[s 216]
(b) for a transfer of a mining tenement or of a share in a 1
mining tenement--no royalty payable under this Act by 2
the holder of the mining tenement remains unpaid. 3
`(5) Also, the Minister or mining registrar may refuse to give the 4
approval if the Minister or mining registrar is not satisfied the 5
transferor has substantially complied with the conditions of 6
the mining tenement. 7
`(6) The approval is taken to have been given if-- 8
(a) under section 318AAV, an indicative approval has been 9
given for the proposed dealing; and 10
(b) subsection (4) does not prevent the giving of the 11
approval; and 12
(c) within 3 months after the giving of the indicative 13
approval-- 14
(i) an application for approval of the assessable 15
transfer is made; and 16
(ii) if, under section 318AAV, an indication of likely 17
conditions was given--the conditions are complied 18
with. 19
`(7) The approval is also taken to have been given if-- 20
(a) subsection (6)(a) and (b) is satisfied; and 21
(b) within 10 business days before the expiration of 3 22
months after the giving of the indicative approval, the 23
applicant gives the chief executive-- 24
(i) notice in the approved form that a proposed 25
transferee has given a notice under the Foreign 26
Acquisitions and Takeovers Act 1975 (Cwlth) 27
about a proposal that relates to the assessable 28
transfer; and 29
(ii) evidence that the proposed transferee has given the 30
notice under that Act; and 31
(iii) a statement from the proposed transferee that the 32
proposed transferee has not received notice about 33
Page 188
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 4 Amendment of Mineral Resources Act 1989
[s 216]
an order or decision made under that Act about the 1
proposal; and 2
(c) within 6 months after the giving of the indicative 3
approval, subsection (6)(c)(i) and (ii) is satisfied. 4
`(8) Despite subsections (6) and (7), the approval of the assessable 5
transfer is taken not to have been given if-- 6
(a) the request for indicative approval contained incorrect 7
material information or omitted material information; 8
and 9
(b) had the Minister or mining registrar been aware of the 10
discrepancy, the Minister or mining registrar would not 11
have given the indicative approval. 12
`318AAY Security may be required 13
`(1) This section applies to an assessable transfer other than an 14
application transfer. 15
`(2) The Minister or mining registrar may, as a condition of 16
deciding to give the approval, require the proposed transferee 17
to give under the following section (the relevant section), 18
security for the mining tenement the subject of the transfer as 19
if the proposed transferee were an applicant for the mining 20
tenement-- 21
(a) for an approval relating to a mining claim--section 83; 22
(b) for an approval relating to an exploration 23
permit--section 144; 24
(c) for an approval relating to a mineral development 25
licence--section 190; 26
(d) for an approval relating to a mining lease--section 277. 27
`(3) If the proposed transferee does not comply with the 28
requirement, the application may be refused. 29
`(4) When the transfer of the mining tenement is complete, the 30
relevant section applies to the transferee of the mining 31
tenement as holder. 32
Page 189
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 4 Amendment of Mineral Resources Act 1989
[s 216]
`318AAZ Written notice about decision 1
`(1) If the Minister or mining registrar decides to give the 2
approval, the Minister or mining registrar must give the 3
applicant for the approval written notice of the decision. 4
`(2) If the Minister or mining registrar decides not to give the 5
approval, the Minister or mining registrar must give the 6
applicant for the approval written notice of the decision 7
stating the following-- 8
(a) the decision, and the reasons for it; 9
(b) the rights of appeal under this Act; 10
(c) the period in which any appeal under this Act must be 11
started; 12
(d) how rights of appeal under this Act are to be exercised; 13
(e) that a stay of a decision the subject of an appeal under 14
this Act may be applied for under this Act. 15
Note-- 16
For appeals against refusal to approve an assessable transfer, see part 17
7AAAE. 18
`Part 7AAAC Recording associated 19
agreements 20
`318AAZA Application of pt 7AAAC 21
`This part applies to the following mining tenements-- 22
(a) a mining claim; 23
(b) an exploration permit; 24
(c) a mineral development licence; 25
(d) a mining lease. 26
Page 190
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 4 Amendment of Mineral Resources Act 1989
[s 216]
`318AAZB Definition for pt 7AAAC 1
`In this part-- 2
associated agreement, for a mining tenement, means an 3
agreement relating to the mining tenement, other than the 4
following-- 5
(a) a dealing with the mining tenement; 6
(b) a dealing with the mining tenement that is prohibited 7
under section 318AAQ; 8
(c) another agreement prescribed under a regulation as 9
unsuitable to be recorded in the register. 10
`318AAZC Recording associated agreements 11
`(1) An associated agreement for a mining tenement may be 12
recorded in the register against the mining tenement. 13
`(2) Registration of an associated agreement may be sought by 14
giving the chief executive a notice of the agreement in the 15
approved form. 16
`(3) An approved form given to the chief executive under this 17
section must be accompanied by the fee prescribed under a 18
regulation. 19
`(4) The chief executive is not required to examine, or to 20
determine the validity of, an associated agreement recorded in 21
the register under this section. 22
`318AAZD Effect of recording associated agreements 23
`The recording of an associated agreement under this part 24
does not of itself-- 25
(a) give the agreement any more effect or validity than it 26
would otherwise have; or 27
(b) create an interest in the mining tenement against which 28
it is recorded. 29
Page 191
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 4 Amendment of Mineral Resources Act 1989
[s 216]
`Part 7AAAD Caveats 1
`318AAZE Application of pt 7AAAD 2
`(1) This part applies to the following mining tenements-- 3
(a) a mining claim; 4
(b) an exploration permit; 5
(c) a mineral development licence; 6
(d) a mining lease. 7
`(2) This part also applies to application transfers. 8
`318AAZF Requirements of caveats 9
`(1) A caveat must-- 10
(a) be lodged in the approved form; and 11
(b) be signed by the caveator, the caveator's solicitor or 12
another person authorised in writing by the caveator; 13
and 14
(c) state the name and address for service of 1 person upon 15
whom any notice may be served in order to serve the 16
caveator; and 17
(d) identify the mining tenement, or application for a 18
mining lease, the subject of the caveat; and 19
(e) state the nature of the right or interest claimed by the 20
caveator; and 21
(f) state the period for which the caveat is to continue in 22
force; and 23
(g) if a person consents to the lodging of the caveat, be 24
endorsed with the person's consent; and 25
(h) be accompanied by the lodgement fee prescribed under 26
a regulation. 27
Page 192
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 4 Amendment of Mineral Resources Act 1989
[s 216]
`(2) A caveat that does not comply with subsection (1) is of no 1
effect. 2
`318AAZG Lodging of caveat 3
`(1) A caveat may be lodged by any of the following-- 4
(a) a person claiming an interest in a mining tenement or 5
application for a mining lease; 6
(b) the registered holder of a mining tenement or an 7
applicant for a mining lease; 8
(c) a person to whom an Australian court has ordered that 9
an interest in a mining tenement or application for a 10
mining lease be transferred; 11
(d) a person who has the benefit of a subsisting order of an 12
Australian court restraining-- 13
(i) a registered holder of a mining tenement from 14
dealing with the mining tenement; or 15
(ii) an applicant for a mining lease from dealing with 16
the application. 17
`(2) A caveat lodged under this section can not be registered if it 18
applies to any of the following-- 19
(a) an application for indicative approval; 20
(b) an indicative approval given by the Minister or mining 21
registrar; 22
(c) an application for approval of an assessable transfer; 23
(d) a notice to register a dealing given to the chief executive 24
under section 318AAT. 25
`318AAZH Chief executive's functions on receipt of caveat 26
`(1) On receipt of a caveat complying with section 318AAZF(1), 27
the chief executive must-- 28
(a) notify-- 29
Page 193
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 4 Amendment of Mineral Resources Act 1989
[s 216]
(i) each holder of the affected mining tenement of the 1
receipt of the caveat; or 2
(ii) each applicant for the affected application for a 3
mining lease of the receipt of the caveat; and 4
(b) notify all other persons who have an interest in the 5
mining tenement or application as recorded in the 6
register, including any subsisting prior caveator, of the 7
receipt of the caveat; and 8
(c) record the existence of the caveat in the register. 9
`(2) For subsection (1)(b), a person does not have an interest in a 10
mining tenement only because the person is a party to an 11
associated agreement recorded in the register against the 12
mining tenement. 13
`318AAZI Effect of lodging caveat 14
`(1) Until a caveat lapses, or is removed or withdrawn, the caveat 15
prevents registration of a dealing with a mining tenement or 16
an application transfer over which the caveat is lodged from 17
the date and time endorsed by the registrar or chief executive 18
on the caveat as the caveat's date and time of lodgement. 19
`(2) However, lodgement of a caveat does not prevent registration 20
of the following-- 21
(a) an instrument stated in the caveat as an instrument to 22
which the caveat does not apply; 23
(b) an instrument if the caveator consents, in the approved 24
form, to its registration and the consent is lodged with a 25
mining registrar or the chief executive; 26
(c) an instrument executed by a mortgagee whose interest 27
was registered before lodgement of the caveat if-- 28
(i) the mortgagee has power under the mortgage to 29
execute the instrument; and 30
Page 194
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 4 Amendment of Mineral Resources Act 1989
[s 216]
(ii) the caveator claims an interest in the mining 1
tenement as security for the payment of money or 2
money's worth; 3
(d) an instrument of transfer of mortgage executed by a 4
mortgagee whose interest was registered before 5
lodgement of the caveat; 6
(e) another interest that, if registered, will not affect the 7
interest claimed by the caveator. 8
`(3) The exception in subsection (2)(d) does not apply to a caveat 9
lodged by the mining tenement holder. 10
`(4) Lodgement of a caveat does not create in the caveator an 11
interest in the mining tenement, or the application for a 12
mining lease, affected by the caveat. 13
`318AAZJ Lapsing, withdrawal or removal of caveat 14
`(1) An agreed caveat lapses at the expiration of the term stated in 15
the caveat but, if no term is stated, the caveat continues until it 16
is withdrawn or removed. 17
`(2) A caveat that is not an agreed caveat lapses-- 18
(a) if an order of the Land Court is in force in relation to the 19
caveat--at the expiration of the order; or 20
(b) otherwise--at the expiration of 3 months after the date 21
of lodgement of the caveat or a shorter term stated in the 22
caveat. 23
`(3) A caveator may withdraw the caveat by notifying the mining 24
registrar in writing. 25
`(4) An affected person for a caveat may apply to the Land Court 26
for an order that the caveat be removed. 27
`(5) The Land Court may make the order whether or not the 28
caveator has been served with the application, and may make 29
the order on the terms it considers appropriate. 30
Page 195
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 4 Amendment of Mineral Resources Act 1989
[s 216]
`(6) If a caveat is withdrawn, lapses or is ordered to be removed, 1
the mining registrar must record the withdrawal, lapse or 2
removal in the register. 3
`(7) In this section-- 4
affected person, for a caveat, means a person-- 5
(a) who has a right or interest (present or prospective) in the 6
mining tenement, or the application for a mining lease, 7
the subject of the caveat; or 8
(b) whose right (present or prospective) to deal with the 9
mining tenement, or the application for a mining lease, 10
the subject of the caveat is affected by the caveat. 11
agreed caveat means a caveat to which-- 12
(a) for a caveat affecting a mining tenement--each holder 13
of the mining tenement the subject of the caveat has 14
consented, if the consent has been lodged with the 15
caveat; or 16
(b) for a caveat affecting an application for a mining 17
lease--each applicant for the application the subject of 18
the caveat has consented, if the consent has been lodged 19
with the caveat. 20
`318AAZK Further caveat not available to same person 21
`(1) This section applies if a caveat (the original caveat) is lodged 22
in relation to an interest. 23
`(2) A further caveat with the same caveator can never be lodged 24
in relation to the interest on the same, or substantially the 25
same, grounds as the grounds stated in the original caveat 26
unless-- 27
(a) for a caveat affecting a mining tenement--the consent of 28
each holder of the mining tenement the subject of the 29
caveat has been lodged with the caveat; or 30
(b) for a caveat affecting an application for a mining 31
lease--the consent of each applicant for the application 32
Page 196
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 4 Amendment of Mineral Resources Act 1989
[s 216]
the subject of the caveat has been lodged with the 1
caveat; or 2
(c) generally--the leave of a court of competent jurisdiction 3
to lodge the further caveat has been granted. 4
`318AAZL Compensation for lodging caveat without reasonable 5
cause 6
`A person who lodges a caveat in relation to a mining 7
tenement or an application for a mining lease without 8
reasonable cause is liable to compensate anyone else who 9
suffers loss or damage because of the caveat. 10
`Part 7AAAE Appeals about approvals of 11
assessable transfers 12
`318AAZM Who may appeal 13
`(1) A person whose interests are affected by a decision of the 14
Minister, or mining registrar, to refuse to approve an 15
assessable transfer may appeal against the decision to the 16
Land Court. 17
`(2) For this section, a person who has been given or is entitled to 18
be given a notice about the decision under section 318AAZ is 19
taken to be a person whose interests are affected by the 20
decision. 21
`318AAZN Period to appeal 22
`(1) The appeal must be started within 20 business days after-- 23
(a) if the person has been given a notice about the 24
decision--the day the person is given the notice; or 25
Page 197
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 4 Amendment of Mineral Resources Act 1989
[s 216]
(b) if paragraph (a) does not apply--the day the person 1
otherwise becomes aware of the decision. 2
`(2) However, the Land Court may at any time within the 20 3
business days extend the period for starting the appeal. 4
`318AAZO Starting appeal 5
`(1) The appeal is started by filing a written notice of appeal with 6
the Land Court. 7
`(2) The appellant must give the chief executive a copy of the 8
notice. 9
`318AAZP Stay of operation of decision 10
`(1) The Land Court may grant a stay of the decision to secure the 11
effectiveness of the appeal. 12
`(2) A stay-- 13
(a) may be given on the conditions the Land Court 14
considers appropriate; and 15
(b) operates for the period fixed by the Land Court; and 16
(c) may be amended or cancelled by the Land Court. 17
`(3) The period of a stay under this section must not extend past 18
the time when the Land Court decides the appeal. 19
`(4) The appeal affects the decision or carrying out of the decision 20
only if it is stayed. 21
`318AAZQ Hearing procedures 22
`(1) In deciding an appeal, the Land Court-- 23
(a) has the same powers as the Minister or mining registrar; 24
and 25
(b) is not bound by the rules of evidence; and 26
(c) must comply with natural justice; and 27
Page 198
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 4 Amendment of Mineral Resources Act 1989
[s 217]
(d) may hear the appeal in court or in chambers. 1
`(2) An appeal is by way of rehearing unaffected by the decision. 2
`(3) Subject to subsections (1) and (2), the procedure for the 3
appeal is-- 4
(a) in accordance with the rules for the Land Court; or 5
(b) in the absence of relevant rules, as directed by the Land 6
Court. 7
`(4) A power under an Act to make rules for the Land Court 8
includes power to make rules for appeals under this part. 9
`318AAZR Land Court's powers on appeal 10
`(1) In deciding an appeal under this part, the Land Court may-- 11
(a) confirm the decision; or 12
(b) set aside the decision and substitute another decision; or 13
(c) set aside the decision and return the issue to the Minister 14
or mining registrar with the directions the court 15
considers appropriate. 16
`(2) If the Land Court substitutes another decision, the substituted 17
decision is for this Act, other than this part, taken to be the 18
decision of the Minister or mining registrar.'. 19
Clause 217 Amendment of s 318AB (Relationship with pts 5-7) 20
(1) Section 318AB, heading, after `5-7'-- 21
insert-- 22
`and 7AAAB'. 23
(2) Section 318AB, after `5 to 7'-- 24
insert-- 25
`and 7AAAB'. 26
(3) Section 318AB(2), `assignment'-- 27
Page 199
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 4 Amendment of Mineral Resources Act 1989
[s 218]
omit, insert-- 1
`transfer'. 2
(4) Section 318AB(2), `assigned'-- 3
omit, insert-- 4
`transferred'. 5
Clause 218 Amendment of s 318BN (Publication of outcome of 6
application) 7
Section 318BN, `Governor in Council'-- 8
omit, insert-- 9
`Minister'. 10
Clause 219 Amendment of s 318CI (Restriction) 11
Section 318CI(1)(b)-- 12
omit, insert-- 13
`(b) a copy of the agreement has been lodged; and'. 14
Clause 220 Amendment of pt 7AA, div 8, sdiv 8, hdg (Restriction on 15
assignment or subletting) 16
Part 7AA, division 8, subdivision 8, heading, `assignment'-- 17
omit, insert-- 18
`transfer'. 19
Clause 221 Amendment of s 318DO (Requirement for coordination 20
arrangement to assign or sublet mining lease in area of 21
petroleum lease) 22
(1) Section 318DO, heading `assign'-- 23
omit, insert-- 24
`transfer'. 25
Page 200
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 4 Amendment of Mineral Resources Act 1989
[s 222]
(2) Section 318DO(2), from `The' to `assignee'-- 1
omit, insert-- 2
`The chief executive must not, under section 318AAT, register 3
a transfer or sublease of the mining lease unless the proposed 4
transferee'. 5
Clause 222 Amendment of s 318ELAJ (Assignments) 6
(1) Section 318ELAJ, heading, `Assignments'-- 7
omit, insert-- 8
`Transfers'. 9
(2) Section 318ELAJ(1), `assigned'-- 10
omit, insert-- 11
`transferred'. 12
(3) Section 318ELAJ(2) and (3), `assignment'-- 13
omit, insert-- 14
`transfer'. 15
(4) Section 318ELAJ(3), `assignee'-- 16
omit, insert-- 17
`transferee'. 18
Clause 223 Amendment of s 318ELBH (Publication of outcome of 19
application) 20
Section 318ELBH, `Governor in Council'-- 21
omit, insert-- 22
`Minister'. 23
Clause 224 Replacement of s 318ELBM (Minister may refuse 24
application) 25
Section 318ELBM-- 26
Page 201
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 4 Amendment of Mineral Resources Act 1989
[s 225]
omit, insert-- 1
`318ELBM Minister may refuse application 2
`The Minister may refuse the application if satisfied the 3
applicant has not, in a timely manner-- 4
(a) taken any step for the application required of the 5
applicant under part 7, part 7AA or this part; or 6
(b) satisfied the Minister about a matter that, under part 7, 7
part 7AA or this part, is required for the Minister to 8
grant the mining lease.'. 9
Clause 225 Amendment of s 318ELBT (Requirement to continue 10
geothermal or GHG coordination arrangement after 11
renewal of or dealing with mining lease) 12
Section 318ELBT(1)(c), `assignment'-- 13
omit, insert-- 14
`transfer'. 15
Clause 226 Amendment of s 325 (Royalty return and payment upon 16
assignment or surrender of mining claim or mining lease) 17
(1) Section 325, heading `assignment'-- 18
omit, insert-- 19
`transfer'. 20
(2) Section 325(1), `assigns'-- 21
omit, insert-- 22
`transfers'. 23
(3) Section 325(1) and (2), `assignment'-- 24
omit, insert-- 25
`transfer'. 26
Page 202
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 4 Amendment of Mineral Resources Act 1989
[s 227]
Clause 227 Insertion of new pt 10, div 2AAA 1
Part 10, after section 343-- 2
insert-- 3
`Division 2AAA Chief executive 4
`343A Chief executive has functions and powers of mining 5
registrars 6
`(1) The chief executive may perform any function or exercise any 7
power of a mining registrar under this Act. 8
`(2) For subsection (1), in this Act, other than this section, a 9
reference to a mining registrar includes a reference to the 10
chief executive.'. 11
Clause 228 Replacement of ss 387 and 387A 12
Section 387-- 13
omit, insert-- 14
`386J Request to applicant about application 15
`(1) For a relevant application under this Act, the relevant person 16
for the application may, by written notice, require the 17
applicant to do all or any of the following within a stated 18
reasonable period-- 19
(a) complete or correct the application if it appears to the 20
relevant person to be incorrect, incomplete or defective; 21
(b) give the relevant person or another stated officer of the 22
department additional information about, or relevant to, 23
the application; 24
Example-- 25
The application is for a mining lease. The chief executive may 26
require a document, prepared by an appropriately qualified 27
person, independently verifying a resource model given in the 28
proposed mining program for the lease. 29
(c) give the relevant person or another stated officer of the 30
department an independent report by an appropriately 31
Page 203
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 4 Amendment of Mineral Resources Act 1989
[s 228]
qualified person, or a statement or statutory declaration, 1
verifying all or any of the following-- 2
(i) any information included in the application; 3
(ii) any additional information required under 4
paragraph (b). 5
`(2) For subsection (1)(b), if the application is for a mining 6
tenement, a required document may include a survey or 7
resurvey of the area of the proposed tenement carried out by a 8
person who is a cadastral surveyor under the Surveyors Act 9
2003. 10
`(3) For subsection (1)(c), the notice may require the statement or 11
statutory declaration-- 12
(a) to be made by an appropriately qualified independent 13
person or by the applicant; and 14
(b) if the applicant is a corporation--to be made for the 15
applicant by an executive officer of the applicant. 16
`(4) The giving of a statement for subsection (1)(c) does not 17
prevent the relevant person from also requiring a statutory 18
declaration for the subsection. 19
`(5) The applicant must bear any costs incurred in complying with 20
the notice. 21
`(6) The relevant person may extend the period for complying with 22
the notice. 23
`(7) In this section-- 24
application does not include-- 25
(a) an application to a court or tribunal; or 26
(b) an internal review application under part 10, division 27
1A. 28
executive officer, of a corporation, means a person who is 29
concerned with or takes part in its management, whether or 30
not the person is a director or the person's position is given the 31
name of executive officer. 32
Page 204
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 4 Amendment of Mineral Resources Act 1989
[s 228]
information includes a document. 1
relevant application means an application, other than an 2
application relating to a prospecting permit. 3
relevant person, for an application under this Act, means-- 4
(a) for an application relating to a mining claim--the 5
mining registrar; or 6
(b) otherwise--the chief executive. 7
`386K Refusing application for failure to comply with request 8
`(1) This section applies for an application if-- 9
(a) the chief executive or the mining registrar gives a notice 10
under section 386J for the application; and 11
(b) the period stated in the notice for complying with it has 12
ended; and 13
(c) the request has not been complied with to the 14
satisfaction of the person who gave the notice. 15
`(2) The following person may refuse the application-- 16
(a) if the notice was given by the chief executive--the 17
Minister; 18
(b) if the notice was given by the mining registrar--the 19
mining registrar. 20
`(3) To remove any doubt, subsection (2) applies despite another 21
provision of this Act that provides the application must be 22
granted in particular circumstances or if particular 23
requirements have been complied with. 24
`386L Notice to progress relevant applications 25
`(1) The relevant person may by notice require an applicant for, or 26
to renew, a relevant mining tenement to, within a stated 27
reasonable period, do any thing required of the applicant 28
Page 205
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 4 Amendment of Mineral Resources Act 1989
[s 228]
under this Act or another Act to allow the application to be 1
decided or the tenement to be granted or renewed. 2
`(2) However, the period for complying with the notice must be at 3
least 20 business days after the notice is given. 4
`(3) The relevant person may extend the period for complying 5
with the notice. 6
`(4) The relevant person may reject the application if the applicant 7
does not comply with the requirement. 8
`(5) In this section-- 9
relevant mining tenement means a mining tenement other 10
than a prospecting permit. 11
relevant person means-- 12
(a) for a relevant application under part 4--the mining 13
registrar; or 14
(b) otherwise--the Minister. 15
`386M Particular criteria generally not exhaustive 16
`(1) This section applies if another provision of this Act permits or 17
requires the Minister or mining registrar to consider particular 18
criteria in deciding an application. 19
`(2) To remove any doubt, it is declared that the Minister or 20
mining registrar may, in making the decision, consider any 21
other criteria the Minister or mining registrar considers 22
relevant. 23
`(3) However, subsection (2) does not apply if the provision 24
otherwise provides. 25
`(4) In this section-- 26
criteria includes issues and matters. 27
Page 206
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 4 Amendment of Mineral Resources Act 1989
[s 228]
`386N Particular grounds for refusal generally not exhaustive 1
`(1) This section applies if another provision of this Act provides 2
for particular grounds on which the Minister or mining 3
registrar may refuse an application. 4
`(2) To remove any doubt, it is declared that, unless the other 5
provision otherwise provides, the Minister or mining registrar 6
may refuse the application on another reasonable and relevant 7
ground. 8
`(3) In this section-- 9
refuse, an application, includes refuse the thing the subject of 10
the application. 11
`386O Place or way for making applications, giving, filing, 12
forwarding or lodging documents or making 13
submissions 14
`(1) This section applies to any of the following under this Act-- 15
(a) the making of an application; 16
(b) the giving of a document to the Minister, chief executive 17
or mining registrar; 18
(c) the filing, forwarding or lodging of a document; 19
(d) the making of a submission. 20
`(2) The application, document or submission may be made, 21
given, filed or lodged only-- 22
(a) at the following place (the required place)-- 23
(i) the office of the department provided for under the 24
relevant approved form for that purpose; 25
(ii) if the relevant approved form does not make 26
provision as mentioned in subparagraph (i) or if 27
there is no relevant approved form--the office of 28
the department notified on the department's 29
website; or 30
(b) in the way prescribed under a regulation. 31
Page 207
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 4 Amendment of Mineral Resources Act 1989
[s 228]
`(3) Without limiting subsection (2)(b), the way prescribed under a 1
regulation may include to make, give, file or lodge the 2
application, document or submission at another place. 3
`(4) The document may be forwarded only to the required place or
in the way prescribed under a regulation. 5
4
`(5) Without limiting subsection (3), the way prescribed under a 6
regulation may include to forward the application, document 7
or submission to another place. 8
`(6) This section does not apply to the following-- 9
(a) the making of an application to the Land Court or the 10
tribunal; 11
(b) the lodging of any of the following-- 12
(i) a notice of appeal to the Land Court under section 13
86(2)(a), 282(2)(a) or 318AAZO(1); 14
(ii) a notice under section 753; 15
(iii) a report under section 761; 16
(iv) a proposed initial development plan for a lease 17
under section 758; 18
(c) the giving of a report to the Minister under section 19
141(1)(e) or 194(1)(e); 20
(d) the giving of a report or other document mentioned in 21
section 318AAH(1)(f) under that section. 22
`386P Requirements for making application 23
`(1) This section applies to a purported application, other than for 24
the grant of a prospecting permit, mining claim or mining 25
lease or to the Land Court or the tribunal, not made under the 26
requirements under this Act for making the application. 27
`(2) The relevant person for the application must refuse to receive 28
or process the purported application. 29
`(3) However, the relevant person may decide to allow the 30
application to proceed and be decided as if it did comply with 31
Page 208
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 4 Amendment of Mineral Resources Act 1989
[s 228]
the requirements if the relevant person is satisfied the 1
application substantially complies with the requirements. 2
`(4) If the relevant person decides to refuse to receive or process 3
the purported application-- 4
(a) the relevant person must inform the applicant of the 5
decision and the reasons for it; and 6
(b) the relevant person must refund the application fee to 7
the applicant. 8
`(5) In this section-- 9
relevant person, for an application, means-- 10
(a) for an application relating to a prospecting permit, other 11
than for the grant of a prospecting permit or for an 12
application relating to a mining claim, other than for the 13
grant of a mining claim--the mining registrar; or 14
(b) otherwise--the chief executive. 15
`387 Register to be kept 16
`(1) The chief executive must keep a register in which must be 17
recorded particulars as prescribed of-- 18
(a) all prospecting permits, mining claims and mining 19
leases the applications for the grant of which were 20
lodged with a mining registrar; and 21
(b) applications for the grant of mining claims and of 22
mining leases the lodgement of which is accepted by a 23
mining registrar; and 24
(c) dealings with a mining tenement; and 25
(d) application transfers; and 26
(e) caveats lodged under part 7AAAD; and 27
(f) all exploration permits and mineral development 28
licences; and 29
Page 209
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 4 Amendment of Mineral Resources Act 1989
[s 229]
(g) applications for the grant of exploration permits and of 1
mineral development licences; and 2
(h) acquired land; and 3
(i) any other matters prescribed under a regulation. 4
`(2) The chief executive may decide the form in which the register 5
is kept. 6
`387A Access to register 7
`(1) The chief executive must-- 8
(a) keep the register open for inspection by the public 9
during office hours on business days at the places the 10
chief executive considers appropriate; and 11
(b) allow a person, on payment of the fee prescribed under a 12
regulation, to search and take extracts from the register; 13
and 14
(c) give a person who asks for it a copy of all or part of a 15
notice, a document or information held in the register on 16
payment of the fee prescribed under a regulation. 17
`(2) Subsection (1) is subject to section 387B.'. 18
Clause 229 Insertion of new s 387D 19
After section 387C-- 20
insert-- 21
`387D Chief executive may correct register 22
`(1) The chief executive may correct the register if satisfied-- 23
(a) the register is incorrect; and 24
(b) the correction will not prejudice any rights recorded in 25
the register. 26
`(2) The power to correct includes power to correct information in 27
the register or a document forming part of the register. 28
Page 210
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 4 Amendment of Mineral Resources Act 1989
[s 230]
`(3) If the register is corrected, the chief executive must record in 1
it-- 2
(a) the state of the register before the correction; and 3
(b) the time, date and circumstances of the correction. 4
`(4) A correction under this section has the same effect as if the 5
relevant error had not been made. 6
`(5) For subsection (1)(b), a right is not prejudiced if the relevant 7
person acquired or has dealt with the right with actual or 8
constructive knowledge that the register was incorrect and 9
how it was incorrect.'. 10
Clause 230 Amendment of s 391A (Restriction on decisions or 11
recommendations about mining tenements) 12
(1) Section 391A(1)(a), `assign,'-- 13
omit. 14
(2) Section 391A(1)(b), `assigned,'-- 15
omit. 16
(3) Section 391A(4)-- 17
omit. 18
Clause 231 Amendment of s 392 (Substantial compliance with Act 19
may be accepted as compliance) 20
Section 392-- 21
insert-- 22
`(2) Subsection (1) is subject to section 386P.'. 23
Clause 232 Replacement of s 398 (Delegation) 24
Section 398-- 25
omit, insert-- 26
Page 211
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 4 Amendment of Mineral Resources Act 1989
[s 233]
`398 Delegation by Minister and chief executive 1
`(1) The Minister or the chief executive may delegate his or her 2
functions under this Act to an appropriately qualified officer 3
or employee of the department. 4
`(2) However, the following functions of the Minister can not be 5
delegated-- 6
(a) granting a mining lease; 7
(b) renewing a mining lease. 8
`(3) In this section-- 9
function includes power.'. 10
Clause 233 Amendment of s 401A (Protection against liability as 11
condition of approval) 12
(1) Section 401A(1), `section 96, 151, 198 or 300'-- 13
omit, insert-- 14
`part 7AAAB, division 3'. 15
(2) Section 401A(4), definition parties, paragraph (b)-- 16
omit, insert-- 17
`(b) for an approval to transfer the mining tenement--the 18
proposed transferee;'. 19
(3) Section 401A(4), definition relevant matter, paragraph (c), 20
`section 96, 151, 198 or 300'-- 21
omit, insert-- 22
`part 7AAAB, division 3'. 23
Clause 234 Amendment of s 416B (Practice manual) 24
(1) Section 416B(3)(b) and (c)-- 25
omit, insert-- 26
`(b) the person gives the information-- 27
Page 212
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 4 Amendment of Mineral Resources Act 1989
[s 235]
(i) at the place or in the way permitted under the 1
manual; or 2
(ii) at the place or in the way the information would be 3
required to be given under section 386O if the 4
information were a document;'. 5
(2) Section 416B(4)-- 6
omit. 7
(3) Section 416B(5) and (6)-- 8
renumber as section 416B(4) and (5). 9
(4) Section 416B(5), as renumbered, `subsection (5)'-- 10
omit, insert-- 11
`subsection (4)'. 12
Clause 235 Amendment of s 417 (Regulation-making power) 13
(1) Section 417(2)-- 14
insert-- 15
`(r) the way an application, document or submission must be 16
made, given, filed, forwarded or lodged for section 17
386O(2)(b), or the way a report must be given for 18
section 141(1)(e), 194(1)(e) or 318AAH(1)(f), 19
including, for example-- 20
(i) practices and procedures for lodgement of 21
applications and other documents; and 22
(ii) methods for acknowledging receipt of documents; 23
and 24
(iii) methods for acceptance of the lodgement of 25
documents; and 26
(iv) the time at which a document is taken to have been 27
lodged, but only to the extent that this Act does not 28
provide otherwise; 29
Page 213
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 4 Amendment of Mineral Resources Act 1989
[s 236]
(s) requiring lodgement of a hard copy of the application, 1
document or submission.'. 2
(2) Section 417-- 3
insert-- 4
`(4) In this section-- 5
report includes, for prescribing the way a report must be given 6
for section 318AAH(1)(f), another document mentioned in 7
that section.'. 8
Clause 236 Amendment of s 653 (Content of written notice) 9
Section 653(1)(h), `Governor in Council'-- 10
omit, insert-- 11
`Minister'. 12
Clause 237 Amendment of s 657 (Ending of additional requirements) 13
Section 657(2), `Governor in Council'-- 14
omit, insert-- 15
`Minister'. 16
Clause 238 Amendment of s 666 (Process for consultation and 17
negotiation--negotiated agreement with or without 18
conditions attached) 19
Section 666(4), `Governor in Council'-- 20
omit, insert-- 21
`Minister'. 22
Clause 239 Amendment of s 687 (Contract conditions) 23
Section 687(1), `Governor in Council'-- 24
omit, insert-- 25
Page 214
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 4 Amendment of Mineral Resources Act 1989
[s 240]
`Minister'. 1
Clause 240 Amendment of s 688 (Notice of grant to registered native 2
title parties) 3
Section 688(1), `Governor in Council'-- 4
omit, insert-- 5
`Minister'. 6
Clause 241 Amendment of s 708 (Agreement for compensation) 7
Section 708(2)(b), `in the office of the mining registrar'-- 8
omit. 9
Clause 242 Amendment of s 745 (Application of pt 7AA) 10
(1) Section 745(1), `immediately'-- 11
omit. 12
(2) Section 745(1)(b)-- 13
renumber as section 745(1)(c). 14
(3) Section 745(1)(a)-- 15
omit, insert-- 16
`(a) a coal or oil shale mining lease application was made; 17
and 18
(b) a recommendation about the application had not been 19
made to the Governor in Council under section 20
271(3)(a)(i); and'. 21
(4) Section 745(5)-- 22
omit. 23
Clause 243 Insertion of new pt 19, div 17 24
Part 19-- 25
Page 215
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 4 Amendment of Mineral Resources Act 1989
[s 243]
insert-- 1
`Division 17 Transitional provisions for Mines 2
Legislation (Streamlining) 3
Amendment Act 4
2012--amendments commencing 5
by proclamation 6
`Subdivision 1 Preliminary 7
`791 Definitions for div 17 8
`In this division-- 9
amending Act means the Mines Legislation (Streamlining) 10
Amendment Act 2012. 11
commencement means the commencement of the section in 12
which the term is used. 13
former, for a provision of this Act, means the provision as in 14
force immediately before the commencement of the section in 15
which the term is used. 16
new, for a provision of this Act, means the provision as in 17
force immediately after the commencement of the section in 18
which the term is used. 19
`Subdivision 2 Provisions relating to exploration 20
permits 21
`792 Particular applications for exploration permits 22
`(1) This section applies if-- 23
(a) an application for an exploration permit was made 24
before the commencement; and 25
Page 216
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 4 Amendment of Mineral Resources Act 1989
[s 243]
(b) apart from this section, new section 131(1)(c) would 1
prevent the grant of the exploration permit applied for. 2
`(2) New section 131 does not apply for the application. 3
`(3) The application must be decided under former section 131. 4
`793 Periodic reduction in land covered by existing 5
exploration permit 6
`(1) This section applies to an exploration permit in existence 7
immediately before the commencement. 8
`(2) For the current remaining term of the exploration permit-- 9
(a) new section 139 does not apply to the exploration 10
permit; and 11
(b) the area of the exploration permit must be reduced under 12
former section 139. 13
`(3) In this section-- 14
current remaining term means the period from the 15
commencement until the expiry of the exploration permit. 16
`Subdivision 3 Provisions relating to mining claims 17
`794 Existing applications for mining claim if no referral to 18
Land Court 19
`(1) This section applies if, before the commencement-- 20
(a) an application for a mining claim was made, but not 21
decided, under part 4; and 22
(b) the application was not referred to the Land Court under 23
section 72; and 24
(c) 1 or more of the following apply-- 25
(i) there are no properly made objections to the 26
application; 27
Page 217
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 4 Amendment of Mineral Resources Act 1989
[s 243]
(ii) all properly made objections to the application are 1
withdrawn; 2
(iii) the applicant abandons the application. 3
`(2) The application may-- 4
(a) be dealt with under section 74; or 5
(b) if the application for a mining claim has been 6
abandoned--be dealt with under section 108. 7
`(3) In this section-- 8
properly made objection has the meaning given by former 9
section 72. 10
`795 Existing applications for mining claim or renewal of 11
mining claim--term of claim 12
`(1) This section applies if an application for a mining claim or 13
renewal of a mining claim was made, but not decided, under 14
part 4 before the commencement. 15
`(2) Sections 91 and 93, as amended under the amending Act, 16
apply to the grant of any mining claim or renewal for the 17
application. 18
`(3) However, the sections apply as if a reference to a term of 5 19
years in the sections were a reference to a term of 10 years. 20
`Subdivision 4 Provisions relating to mining leases 21
`796 Existing applications for mining lease if no referral to 22
Land Court 23
`(1) This section applies if, before the commencement-- 24
(a) an application for a mining lease was made, but not 25
decided, under part 7; and 26
(b) the application was not referred to the Land Court under 27
section 265; and 28
Page 218
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 4 Amendment of Mineral Resources Act 1989
[s 243]
(c) 1 or more of the following apply-- 1
(i) there are no properly made objections to the 2
application; 3
(ii) all properly made objections to the application are 4
withdrawn; 5
(iii) the applicant abandons the application. 6
`(2) The application may-- 7
(a) be dealt with under section 271; or 8
(b) if the application for a mining lease has been 9
abandoned--be dealt with under section 307. 10
`(3) In this section-- 11
properly made objection has the meaning given by former 12
section 265. 13
`797 Existing referral of mining lease to Land Court 14
`(1) This section applies if, before the commencement-- 15
(a) an application for a mining lease was made, but not 16
decided, under part 7; and 17
(b) the application was referred to the Land Court under 18
section 265: and 19
(c) the Land Court has fixed a date for the hearing but the 20
hearing has not started; and 21
(d) either or both of the following apply-- 22
(i) all properly made objections to the application are 23
withdrawn; 24
(ii) the applicant abandons the application. 25
`(2) Section 265, as amended under the amending Act, applies to 26
the application. 27
`(3) In this section-- 28
Page 219
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 4 Amendment of Mineral Resources Act 1989
[s 243]
properly made objection has the meaning given by former 1
section 265. 2
`798 Minister to decide particular applications for or about 3
mining leases 4
`(1) This section applies if-- 5
(a) before the commencement, an application was made 6
for-- 7
(i) a mining lease under section 245; or 8
(ii) the renewal of a mining lease under section 286; or 9
(iii) the variation of conditions of a mining lease under 10
section 294; or 11
(iv) the variation of a mining lease under section 295; 12
or 13
(v) the consolidation of mining leases under section 14
299; or 15
(vi) a mining lease for the transportation of a thing 16
through, over or under land under section 316; and 17
(b) the Governor in Council has not decided the application. 18
`(2) The Minister must decide the application under-- 19
(a) if the application is for a mining lease--new section 20
271A; or 21
(b) if the application is for the renewal of a mining 22
lease--section 286A, as amended under the amending 23
Act; or 24
(c) if the application is for the variation of conditions of a 25
mining lease--section 294, as amended under the 26
amending Act; or 27
(d) if the application is for the variation of a mining 28
lease--section 295, as amended under the amending 29
Act; or 30
Page 220
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 4 Amendment of Mineral Resources Act 1989
[s 243]
(e) if the application is for the consolidation of mining 1
leases--section 299, as amended under the amending 2
Act; or 3
(f) if the application is for a mining lease for the 4
transportation of a thing--section 316, as amended 5
under the amending Act. 6
`Subdivision 5 Provisions common to mining 7
tenements 8
`799 Unfinished actions under former s 96, 151, 198 or 300 9
`(1) This section applies if a person had an obligation under 10
former section 96, 151, 198 or 300 and the person had not 11
discharged the obligation before the commencement. 12
`(2) Despite the repeal of the section under the amending Act, the 13
section continues to have effect in relation to the person until 14
the obligation is discharged. 15
`800 Deciding applications for approval of assessable 16
transfers until commencement of particular provisions 17
`(1) This section applies until the commencement of the 18
Environmental Protection Act 1994, chapter 5A, part 4 as 19
inserted by the Environmental Protection (Greentape 20
Reduction) and Other Legislation Amendment Act 2012. 21
`(2) Former section 391A continues in force instead of section 22
318AAX(4)(a)(ii), as inserted by the amending Act, for 23
deciding whether to give an approval of an assessable transfer, 24
as if an approval of an assessable transfer were a decision to 25
assign a mining tenement. 26
Page 221
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 4 Amendment of Mineral Resources Act 1989
[s 243]
`801 Continued functions for caveats received before the 1
commencement 2
`(1) Despite the repeal of sections 98 and 302 under the amending 3
Act-- 4
(a) former sections 98 and 302 continue to apply to the 5
mining registrar in relation to a relevant caveat received 6
by the mining registrar before the commencement; and 7
(b) former sections 153 and 200 continue to apply to the 8
chief executive in relation to a relevant caveat received 9
by the chief executive before the commencement. 10
`(2) In this section-- 11
relevant caveat-- 12
(a) for the mining registrar--means a caveat to which 13
former section 98 or 302 applied; or 14
(b) for the chief executive--means a caveat to which former 15
section 153 or 200 applied. 16
`802 Continued functions for removal or withdrawal of 17
caveat 18
`Despite the repeal of sections 101, 156, 203 and 305 under 19
the amending Act-- 20
(a) former sections 101 and 305 continue to apply to the 21
mining registrar in relation to the following-- 22
(i) an order of the Land Court, under former section 23
101(3) or 305(3), that a caveat be removed; 24
(ii) a notice, under former section 101(5) or 305(5), 25
about the withdrawal of a caveat if given to the 26
registrar before the commencement; and 27
(b) former sections 156 and 203 continue to apply to the 28
chief executive in relation to the following-- 29
(i) an order of the Land Court, under former section 30
156(3) or 203(3) that a caveat be removed; 31
Page 222
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 4 Amendment of Mineral Resources Act 1989
[s 244]
(ii) a notice, under former section 156(5) or 203(5), 1
about the withdrawal of a caveat if given to the 2
chief executive before the commencement. 3
`Subdivision 6 Other provisions 4
`803 Existing requests for information 5
`(1) This section applies if a request for information was made, but 6
not complied with, under the following provisions before the 7
commencement-- 8
(a) former section 133A; 9
(b) former section 147AA; 10
(c) former section 183A; 11
(d) former section 197AA; 12
(e) former section 245A; 13
(f) former section 286AA. 14
`(2) On the commencement, the request is taken to have been 15
made under section 386J(1).'. 16
Clause 244 Amendment of sch 2 (Dictionary) 17
(1) Schedule 2, definitions register and relevant departmental 18
office-- 19
omit. 20
(2) Schedule 2-- 21
insert-- 22
`application transfer see section 318AAN(2). 23
apply, in relation to making an application, has the meaning 24
affected by section 386O. 25
Page 223
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 5 Amendment of Petroleum Act 1923
[s 245]
appropriately qualified, for the performance of a function or 1
exercise of a power, includes having the qualifications, 2
experience and competence to perform the function or 3
exercise the power. 4
assessable transfer, for part 7AAAB, see section 318AAR(2). 5
associated agreement see section 318AAZB. 6
dealing, with a mining tenement, see section 318AAP. 7
file, a document, has the meaning affected by section 386O. 8
forward, a document, has the meaning affected by section 9
386O. 10
give, a document to the Minister, chief executive or mining 11
registrar, has the meaning affected by section 386O. 12
indicative approval, of an assessable transfer, see section 13
318AAV(1)(a). 14
lodge, a document, has the meaning affected by section 386O. 15
make a submission has the meaning affected by section 16
386O. 17
non-assessable transfer, for part 7AAAB, see section 18
318AAR(1). 19
register means the register kept under section 387. 20
registration, for a dealing or an application transfer, means 21
recorded in the register.'. 22
Part 5 Amendment of Petroleum Act 23
1923 24
Clause 245 Act amended 25
This part amends the Petroleum Act 1923. 26
Note-- 27
Page 224
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 5 Amendment of Petroleum Act 1923
[s 246]
See also the amendments in-- 1
(a) chapter 2, part 6; and 2
(b) schedules 1 to 3. 3
Clause 246 Amendment of s 2 (Definitions) 4
(1) Section 2, definitions dealing and relevant departmental 5
office-- 6
omit. 7
(2) Section 2-- 8
insert-- 9
`apply, in relation to making an application, has the meaning 10
affected by section 124AA. 11
appropriately qualified, for the performance of a function or 12
exercise of a power, includes having the qualifications, 13
experience and competence to perform the function or 14
exercise the power. 15
assessable transfer, for part 6N, see section 80H(2). 16
dealing, with a 1923 Act petroleum tenure, see section 80F. 17
executive officer, of a corporation, means a person who is 18
concerned with or takes part in its management, whether or 19
not the person is a director or the person's position is given the 20
name of executive officer. 21
give, a document to the Minister or the chief executive, has the 22
meaning affected by section 124AA. 23
indicative approval, of an assessable transfer, see section 24
80KA(1)(a). 25
lodge, a document, has the meaning affected by section 26
124AA. 27
make submissions has the meaning affected by section 28
124AA. 29
non-assessable transfer, for part 6N, see section 80H(1).'. 30
Page 225
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 5 Amendment of Petroleum Act 1923
[s 247]
Clause 247 Amendment of s 40 (Lease to holder of authority to 1
prospect) 2
(1) Section 40(4) and (5)(b), `Governor in Council'-- 3
omit, insert-- 4
`Minister'. 5
(2) Section 40(6), `Governor in Council may, if in the Governor 6
in Council's'-- 7
omit, insert-- 8
`Minister may, if in the Minister's'. 9
Clause 248 Amendment of s 44 (Form etc. of lease) 10
Section 44, `Governor in Council'-- 11
omit, insert-- 12
`Minister'. 13
Clause 249 Amendment of s 45 (Entitlement to renewal of lease) 14
Section 45(1),`Governor in Council'-- 15
omit, insert-- 16
`Minister'. 17
Clause 250 Amendment of s 65 (Reservations in favour of State) 18
Section 65(1),`Governor in Council'-- 19
omit, insert-- 20
`Minister'. 21
Clause 251 Omission of s 75AA (Notice of change of holder's name) 22
Section 75AA-- 23
omit. 24
Page 226
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 5 Amendment of Petroleum Act 1923
[s 252]
Clause 252 Amendment of s 75WN (Amending water monitoring 1
authority by application) 2
(1) Section 75WN(3)(b)-- 3
omit. 4
(2) Section 75WN(3)(c)-- 5
renumber as section 75WN(3)(b). 6
Clause 253 Amendment of s 75X (Requirement to report outcome of 7
testing) 8
Section 75X(2), from `test'-- 9
omit, insert-- 10
`test.'. 11
Clause 254 Amendment of s 76B (Requirement to lodge records and 12
samples) 13
Section 76B(2)-- 14
omit, insert-- 15
`(2) The copy of the record must-- 16
(a) be-- 17
(i) given electronically using the system for 18
submission of reports made or approved by the 19
chief executive; and 20
(ii) in the digital format made or approved by the chief 21
executive; or 22
(b) if a way of giving the copy is prescribed under a 23
regulation--be given in that way.'. 24
Clause 255 Amendment of s 79X (General provision about ownership 25
while tenure is in force for pipeline) 26
Section 79X(3)(c), `80G'-- 27
Page 227
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 5 Amendment of Petroleum Act 1923
[s 256]
omit, insert-- 1
`80I'. 2
Clause 256 Replacement of pt 6N (Dealings) 3
Part 6N-- 4
omit, insert-- 5
`Part 6N Dealings 6
`Division 1 Preliminary 7
`80E Definitions for pt 6N 8
`In this part-- 9
assessable transfer see section 80H(2). 10
non-assessable transfer see section 80H(1). 11
`80F What is a dealing with a 1923 Act petroleum tenure 12
`(1) Each of the following is a dealing with a 1923 Act petroleum 13
tenure-- 14
(a) a transfer of the 1923 Act petroleum tenure or of a share 15
in the 1923 Act petroleum tenure; 16
(b) a mortgage over the 1923 Act petroleum tenure or over a 17
share in the 1923 Act petroleum tenure; 18
(c) a release, transfer or surrender of a mortgage mentioned 19
in paragraph (b); 20
(d) a change to the 1923 Act petroleum tenure holder's 21
name even if the holder continues to be the same person 22
after the change; 23
(e) if the 1923 Act petroleum tenure is a lease-- 24
(i) a sublease of the lease; or 25
Page 228
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 5 Amendment of Petroleum Act 1923
[s 256]
(ii) a transfer of a sublease of the lease or of a share in 1
a sublease of the lease. 2
`(2) To remove any doubt, it is declared that any transaction or 3
commercial agreement not mentioned in subsection (1) is not 4
a dealing with a 1923 Act petroleum tenure. 5
`80G Prohibited dealings 6
`A dealing with a 1923 Act petroleum tenure, other than a 7
dealing mentioned in section 80F(1)(e), that has the effect of 8
transferring a divided part of the area of the 1923 Act 9
petroleum tenure is prohibited. 10
Examples of a divided part of the area of a 1923 Act petroleum tenure-- 11
· a particular part of the surface of the area 12
· a particular strata beneath the surface of the area 13
`80H Types of transfers 14
`(1) The following transfers (each a non-assessable transfer) do 15
not require assessment before being registered-- 16
(a) a transfer of a 1923 Act petroleum tenure or of a share in 17
a 1923 Act petroleum tenure if-- 18
(i) the transferee is an entity having the same 19
Australian Business Number as the entity 20
comprising all or part of the transferor; or 21
(ii) part of one holder's share in the 1923 Act 22
petroleum tenure will be transferred to another 23
holder of the 1923 Act petroleum tenure; 24
(b) a transmission by death of a 1923 Act petroleum tenure 25
or of a share in a 1923 Act petroleum tenure; 26
(c) a transfer of a 1923 Act petroleum tenure or of a share in 27
a 1923 Act petroleum tenure by operation of law; 28
(d) a transfer of a mortgage over a 1923 Act petroleum 29
tenure or of a share in a 1923 Act petroleum tenure; 30
Page 229
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 5 Amendment of Petroleum Act 1923
[s 256]
(e) a transfer of a sublease of a lease or of a share in a 1
sublease of a lease. 2
`(2) A transfer of a 1923 Act petroleum tenure or of a share in a 3
1923 Act petroleum tenure not mentioned in subsection (1) is 4
an assessable transfer and must be approved by the Minister 5
under division 3 before it can be registered. 6
`Division 2 Registration of dealings generally 7
`80I Registration required for all dealings 8
`(1) A dealing with a 1923 Act petroleum tenure has no effect until 9
it is registered. 10
`(2) A registered dealing takes effect on-- 11
(a) for a dealing that is an assessable transfer--the day the 12
transfer was approved under division 3; or 13
(b) for any other dealing--the day notice of the dealing was 14
given to the chief executive under section 80J. 15
`80J Obtaining registration 16
`(1) Registration of a dealing with a 1923 Act petroleum tenure, 17
other than an assessable transfer, may be sought by giving the 18
chief executive a notice of the dealing in the approved form. 19
`(2) However, a dealing with a 1923 Act petroleum tenure 20
prohibited under section 80G can not be registered and is of 21
no effect. 22
`(3) The approved form must be accompanied by the fee 23
prescribed under a regulation. 24
`(4) Registration of an assessable transfer must be carried out by 25
the chief executive. 26
Page 230
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 5 Amendment of Petroleum Act 1923
[s 256]
`80K Effect of approval and registration 1
`The registration of a dealing with a 1923 Act petroleum 2
tenure, or an approval of an assessable transfer under division 3
3, allows the dealing or transfer to have effect according to its 4
terms but does not of itself give the dealing any more effect or 5
validity than it would otherwise have. 6
`Division 3 Approval of assessable transfers 7
`80KA Indicative approval 8
`(1) The holder of a 1923 Act petroleum tenure may, before 9
applying for approval of an assessable transfer relating to the 10
tenure, apply to the Minister-- 11
(a) for an indication whether the Minister is likely to 12
approve the transfer (an indicative approval); and 13
(b) if the Minister is likely to impose conditions on the 14
giving of the approval--for an indication what the 15
conditions are likely to be. 16
`(2) The application must be made to the Minister in the approved 17
form and be accompanied by-- 18
(a) the information the Minister requires to make a 19
decision; and 20
(b) the fee prescribed under a regulation. 21
`(3) In deciding whether or not to give the indicative approval, the 22
Minister must consider the matters mentioned in section 23
80KC(2) as if the request were an application for approval of 24
an assessable transfer. 25
`(4) The Minister must decide whether or not to give the indicative 26
approval and give the applicant notice of the decision. 27
Page 231
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 5 Amendment of Petroleum Act 1923
[s 256]
`80KB Applying for approval of assessable transfer 1
`(1) The holder of a 1923 Act petroleum tenure may apply for 2
approval of an assessable transfer relating to the 1923 Act 3
petroleum tenure. 4
`(2) The application must be made to the Minister in the approved 5
form and be accompanied by-- 6
(a) a written consent to the transfer by the proposed 7
transferee; and 8
(b) if the 1923 Act petroleum tenure or a share in the 1923 9
Act petroleum tenure is subject to a mortgage--a 10
written consent to the transfer by the mortgagee; and 11
(c) for a transfer of a share in the 1923 Act petroleum 12
tenure--a written consent to the transfer by each person, 13
other than the transferor, who holds a share in the 14
tenure; and 15
(d) the fee prescribed under a regulation. 16
`80KC Deciding application 17
`(1) The Minister must decide whether or not to give the approval 18
of the assessable transfer. 19
`(2) In deciding whether or not to give the approval, the Minister 20
must consider-- 21
(a) the application and any additional information 22
accompanying the application; and 23
(b) the capability criteria for the tenure; and 24
(c) the public interest. 25
`(3) However, subsection (2) does not apply if, under subsection 26
(6) or (7), the approval is taken to have been given. 27
`(4) The approval may be given only if-- 28
(a) the proposed transferee is a registered suitable operator 29
under the Environmental Protection Act; and 30
Page 232
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 5 Amendment of Petroleum Act 1923
[s 256]
(b) no petroleum royalty payable by the holder of the 1923 1
Act petroleum tenure remains unpaid. 2
`(5) Also, the Minister may refuse to give the approval if the 3
Minister is not satisfied the transferor has substantially 4
complied with the conditions of the 1923 Act petroleum 5
tenure. 6
`(6) The approval is taken to have been given if-- 7
(a) under section 80KA, an indicative approval has been 8
given for the proposed dealing; and 9
(b) subsection (4) does not prevent the giving of the 10
approval; and 11
(c) within 3 months after the giving of the indicative 12
approval-- 13
(i) an application for approval of the assessable 14
transfer is made; and 15
(ii) if, under section 80KA, an indication of likely 16
conditions was given--the conditions are complied 17
with. 18
`(7) The approval is also taken to have been given if-- 19
(a) subsection (6)(a) and (b) is satisfied; and 20
(b) within 10 business days before the expiration of 3 21
months after the giving of the indicative approval, the 22
applicant gives the chief executive-- 23
(i) notice in the approved form that a proposed 24
transferee has given a notice under the Foreign 25
Acquisitions and Takeovers Act 1975 (Cwlth) 26
about a proposal that relates to the assessable 27
transfer; and 28
(ii) evidence that the proposed transferee has given the 29
notice under that Act; and 30
(iii) a statement from the proposed transferee that the 31
proposed transferee has not received notice about 32
Page 233
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 5 Amendment of Petroleum Act 1923
[s 256]
an order or decision made under that Act about the 1
proposal; and 2
(c) within 6 months after the giving of the indicative 3
approval, subsection (6)(c)(i) and (ii) is satisfied. 4
`(8) Despite subsections (6) and (7), the approval of the assessable 5
transfer is taken not to have been given if-- 6
(a) the request for indicative approval contained incorrect 7
material information or omitted material information; 8
and 9
(b) had the Minister been aware of the discrepancy, the 10
Minister would not have given the indicative approval. 11
`80KD Security may be required 12
`(1) The Minister may, as a condition of deciding to give the 13
approval, require the proposed transferee to give, under 14
section 78D, security for the 1923 Act petroleum tenure the 15
subject of the transfer as if the proposed transferee were an 16
applicant for the 1923 Act petroleum tenure. 17
`(2) If the proposed transferee does not comply with the 18
requirement, the application may be refused. 19
`(3) When the transfer of the 1923 Act petroleum tenure is 20
complete, section 78D applies to the transferee of the 1923 21
Act petroleum tenure as holder. 22
`80KE Notice of decision 23
`(1) If the Minister decides to give the approval, the Minister must 24
give the applicant notice of the decision. 25
`(2) If the Minister decides not to give the approval, the Minister 26
must give the applicant an information notice for the decision. 27
Page 234
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 5 Amendment of Petroleum Act 1923
[s 256]
`Part 6NA Recording associated 1
agreements 2
`80KF Definition for pt 6NA 3
`In this part-- 4
associated agreement, for a 1923 Act petroleum tenure, 5
means an agreement relating to the 1923 Act petroleum 6
tenure, other than the following-- 7
(a) a dealing with the 1923 Act petroleum tenure; 8
(b) a dealing with the 1923 Act petroleum tenure that is 9
prohibited under section 80G; 10
(c) another agreement prescribed under a regulation as 11
unsuitable to be recorded in the petroleum register. 12
`80KG Recording associated agreements 13
`(1) An associated agreement for a 1923 Act petroleum tenure 14
may be recorded in the petroleum register against the 1923 15
Act petroleum tenure. 16
`(2) Registration of an associated agreement may be sought by 17
giving the chief executive a notice of the agreement in the 18
approved form. 19
`(3) An approved form given to the chief executive under this 20
section must be accompanied by the fee prescribed under a 21
regulation. 22
`(4) The chief executive is not required to examine, or to 23
determine the validity of, an associated agreement recorded in 24
the petroleum register under this section. 25
`80KH Effect of recording associated agreements 26
`The recording of an associated agreement under this part 27
does not of itself-- 28
Page 235
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 5 Amendment of Petroleum Act 1923
[s 256]
(a) give the agreement any more effect or validity than it 1
would otherwise have; or 2
(b) create an interest in the 1923 Act petroleum tenure 3
against which it is recorded. 4
`Part 6NB Caveats 5
`80KI Requirements of caveats 6
`(1) A caveat must-- 7
(a) be lodged in the approved form; and 8
(b) be signed by the caveator, the caveator's solicitor or 9
another person authorised in writing by the caveator; 10
and 11
(c) state the name and address for service of 1 person upon 12
whom any notice may be served in order to serve the 13
caveator; and 14
(d) identify the 1923 Act petroleum tenure the subject of the 15
caveat; and 16
(e) state the nature of the right or interest claimed by the 17
caveator; and 18
(f) state the period for which the caveat is to continue in 19
force; and 20
(g) if a person consents to the lodging of the caveat, be 21
endorsed with the person's consent; and 22
(h) be accompanied by the lodgement fee prescribed under 23
a regulation. 24
`(2) A caveat that does not comply with subsection (1) is of no 25
effect. 26
Page 236
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 5 Amendment of Petroleum Act 1923
[s 256]
`80KJ Lodging of caveat 1
`(1) A caveat may be lodged by any of the following-- 2
(a) a person claiming an interest in a 1923 Act petroleum 3
tenure; 4
(b) the registered holder of a 1923 Act petroleum tenure; 5
(c) a person to whom an Australian court has ordered that 6
an interest in a 1923 Act petroleum tenure be 7
transferred; 8
(d) a person who has the benefit of a subsisting order of an 9
Australian court in restraining a registered holder of a 10
1923 Act petroleum tenure from dealing with the 1923 11
Act petroleum tenure. 12
`(2) A caveat lodged under this section can not be registered if it 13
applies to any of the following-- 14
(a) an application for indicative approval; 15
(b) an indicative approval given by the Minister; 16
(c) an application for approval of an assessable transfer; 17
(d) a notice to register a dealing given to the chief executive 18
under section 80J. 19
`80KK Chief executive's functions on receipt of caveat 20
`(1) On receipt of a caveat complying with section 80KI(1), the 21
chief executive must-- 22
(a) notify each holder of the affected 1923 Act petroleum 23
tenure of the receipt of the caveat; and 24
(b) notify all other persons who have an interest in the 1923 25
Act petroleum tenure as recorded in the petroleum 26
register, including any subsisting prior caveator, of the 27
receipt of the caveat; and 28
(c) record the existence of the caveat in the petroleum 29
register. 30
Page 237
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 5 Amendment of Petroleum Act 1923
[s 256]
`(2) For subsection (1)(b), a person does not have an interest in the 1
1923 Act petroleum tenure only because the person is a party 2
to an associated agreement recorded in the petroleum register 3
against the 1923 Act petroleum tenure. 4
`80KL Effect of lodging caveat 5
`(1) Until a caveat lapses, or is removed or withdrawn, the caveat 6
prevents registration of a dealing with a 1923 Act petroleum 7
tenure over which the caveat is lodged from the date and time 8
endorsed by the chief executive on the caveat as the caveat's 9
date and time of lodgement. 10
`(2) However, lodgement of a caveat does not prevent registration 11
of the following-- 12
(a) an instrument stated in the caveat as an instrument to 13
which the caveat does not apply; 14
(b) an instrument if the caveator consents, in the approved 15
form, to its registration and the consent is lodged with 16
the chief executive; 17
(c) an instrument executed by a mortgagee whose interest 18
was registered before lodgement of the caveat if-- 19
(i) the mortgagee has power under the mortgage to 20
execute the instrument; and 21
(ii) the caveator claims an interest in the 1923 Act 22
petroleum tenure as security for the payment of 23
money or money's worth; 24
(d) an instrument of transfer of mortgage executed by a 25
mortgagee whose interest was registered before 26
lodgement of the caveat; 27
(e) another interest that, if registered, will not affect the 28
interest claimed by the caveator. 29
`(3) The exception in subsection (2)(d) does not apply to a caveat 30
lodged by the 1923 Act petroleum tenure holder. 31
Page 238
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 5 Amendment of Petroleum Act 1923
[s 256]
`(4) Lodgement of a caveat does not create in the caveator an 1
interest in the 1923 Act petroleum tenure affected by the 2
caveat. 3
`80KM Lapsing, withdrawal or removal of caveat 4
`(1) An agreed caveat lapses at the expiration of the term stated in 5
the caveat but, if no term is stated, the caveat continues until it 6
is withdrawn or removed. 7
`(2) A caveat that is not an agreed caveat lapses-- 8
(a) if an order of the Land Court is in force in relation to the 9
caveat--at the expiration of the order; or 10
(b) otherwise--at the expiration of 3 months after the date 11
of lodgement of the caveat or a shorter term stated in the 12
caveat. 13
`(3) A caveator may withdraw the caveat by notifying the chief 14
executive in writing. 15
`(4) An affected person for a caveat may apply to the Land Court 16
for an order that the caveat be removed. 17
`(5) The Land Court may make the order whether or not the 18
caveator has been served with the application, and may make 19
the order on the terms it considers appropriate. 20
`(6) If a caveat is withdrawn, lapses or is ordered to be removed, 21
the chief executive must record the withdrawal, lapse or 22
removal in the petroleum register. 23
`(7) In this section-- 24
affected person, for a caveat, means a person-- 25
(a) who has a right or interest (present or prospective) in the 26
1923 Act petroleum tenure the subject of the caveat; or 27
(b) whose right (present or prospective) to deal with the 28
1923 Act petroleum tenure the subject of the caveat is 29
affected by the caveat. 30
Page 239
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 5 Amendment of Petroleum Act 1923
[s 257]
agreed caveat means a caveat to which each holder of the 1
1923 Act petroleum tenure the subject of the caveat has 2
consented, if the consent has been lodged with the caveat. 3
`80KN Further caveat not available to same person 4
`(1) This section applies if a caveat (the original caveat) is lodged 5
in relation to an interest. 6
`(2) A further caveat with the same caveator can never be lodged 7
in relation to the interest on the same, or substantially the 8
same, grounds as the grounds stated in the original caveat 9
unless-- 10
(a) the consent of each holder of the 1923 Act petroleum 11
tenure the subject of the caveat has been lodged with the 12
caveat; or 13
(b) the leave of a court of competent jurisdiction to lodge 14
the further caveat has been granted. 15
`80KO Compensation for lodging caveat without reasonable 16
cause 17
`A person who lodges a caveat in relation to a 1923 Act 18
petroleum tenure without reasonable cause is liable to 19
compensate anyone else who suffers loss or damage because 20
of the caveat.'. 21
Clause 257 Replacement of ss 120 and 121 22
Sections 120 and 121-- 23
omit, insert-- 24
`120 Requirements for making an application 25
`(1) The Minister must refuse to receive or process a purported 26
application, other than to the Land Court, not made under the 27
requirements under this Act for making the application. 28
Page 240
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 5 Amendment of Petroleum Act 1923
[s 257]
`(2) However, the Minister may decide to allow the application to 1
proceed and be decided as if it did comply with the 2
requirements if the Minister is satisfied the application 3
substantially complies with the requirements. 4
`(3) If the Minister decides to refuse to receive or process the 5
purported application-- 6
(a) the Minister must give the applicant notice of the 7
decision and the reasons for it; and 8
(b) the chief executive must refund the application fee to the 9
applicant. 10
`121 Request to applicant about application 11
`(1) For an application under this Act, the chief executive may, by 12
notice, require the applicant to do all or any of the following 13
within a stated reasonable period-- 14
(a) complete or correct the application if it appears to the 15
chief executive to be incorrect, incomplete or defective; 16
(b) give the chief executive or a stated officer of the 17
department additional information about, or relevant to, 18
the application; 19
Example-- 20
The application is for a lease. The chief executive may require a 21
document, prepared by an appropriately qualified person, 22
independently verifying reserve data given in the proposed 23
development plan for the lease. 24
(c) give the chief executive or a stated officer of the 25
department an independent report by an appropriately 26
qualified person, or a statement or statutory declaration, 27
verifying all or any of the following-- 28
(i) any information included in the application; 29
(ii) any additional information required under 30
paragraph (b); 31
Page 241
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 5 Amendment of Petroleum Act 1923
[s 257]
(iii) if the application is to renew an authority to 1
prospect--that the applicant meets the relevant 2
capability criteria under part 4. 3
`(2) For subsection (1)(b), if the application is for a lease, a 4
required document may include a survey or resurvey of the 5
area of the proposed lease carried out by a person who is a 6
cadastral surveyor under the Surveyors Act 2003. 7
`(3) For subsection (1)(c), the notice may require the statement or 8
statutory declaration-- 9
(a) to be made by an appropriately qualified independent 10
person or by the applicant; and 11
(b) if the applicant is a corporation--to be made for the 12
applicant by an executive officer of the applicant. 13
`(4) The giving of a statement for subsection (1)(c) does not 14
prevent the chief executive from also requiring a statutory 15
declaration for the subsection. 16
`(5) The applicant must bear any costs incurred in complying with 17
the notice. 18
`(6) The chief executive may extend the period for complying with 19
the notice. 20
`(7) In this section-- 21
application does not include an application to the Land Court. 22
information includes a document. 23
`121A Refusing application for failure to comply with request 24
`(1) The Minister may refuse an application if-- 25
(a) a notice under section 121 has been given for the 26
application; and 27
(b) the period stated in the notice for complying with it has 28
ended; and 29
(c) the request has not been complied with to the chief 30
executive's satisfaction. 31
Page 242
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 5 Amendment of Petroleum Act 1923
[s 258]
`(2) To remove any doubt, subsection (1) applies despite another 1
provision of this Act that provides the application must be 2
granted in particular circumstances or if particular 3
requirements have been complied with. 4
`121B Particular criteria generally not exhaustive 5
`(1) This section applies if another provision of this Act permits or 6
requires the Minister to consider particular criteria in deciding 7
an application. 8
`(2) To remove any doubt, it is declared that the Minister may, in 9
making the decision, consider any other criteria the Minister 10
considers relevant. 11
`(3) However, subsection (2) does not apply if the provision 12
otherwise provides. 13
`(4) In this section-- 14
criteria includes issues and matters. 15
`121C Particular grounds for refusal generally not exhaustive 16
`(1) This section applies if another provision of this Act provides 17
for particular grounds on which the Minister may refuse an 18
application. 19
`(2) To remove any doubt, it is declared that, unless the other 20
provision otherwise provides, the Minister may refuse the 21
application on another reasonable and relevant ground. 22
`(3) In this section-- 23
refuse, an application, includes refuse the thing the subject of 24
the application.'. 25
Clause 258 Insertion of new pt 9, div 1A 26
Part 9-- 27
insert-- 28
Page 243
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 5 Amendment of Petroleum Act 1923
[s 258]
`Division 1A How to lodge or give particular 1
documents, make particular 2
applications or make submissions 3
`124AA Place or way for making applications, giving or 4
lodging documents or making submissions 5
`(1) This section applies to any of the following under this Act-- 6
(a) the making of an application; 7
(b) the giving of a document to the Minister or the chief 8
executive; 9
(c) the lodging of a document; 10
(d) the making of a submission. 11
`(2) The application, document or submission may be made, given 12
or lodged only-- 13
(a) at the following place-- 14
(i) the office of the department provided for under the 15
relevant approved form for that purpose; 16
(ii) if the relevant approved form does not make 17
provision as mentioned in subparagraph (i) or if 18
there is no relevant approved form--the office of 19
the department notified on the department's 20
website; or 21
(b) in the way prescribed under a regulation. 22
`(3) Without limiting subsection (2)(b), the way prescribed under a 23
regulation may include making, giving or lodging the 24
application, document or submission at another place. 25
`(4) This section does not apply to the following-- 26
(a) the making of an application to the Land Court; 27
(b) the giving, to the chief executive, of a document that 28
under this Act must be lodged electronically using the 29
Page 244
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 5 Amendment of Petroleum Act 1923
[s 259]
system for submission of reports made or approved by 1
the chief executive; 2
(c) the lodging of a copy of an agreement mentioned in 3
section 178 under that section.'. 4
Clause 259 Amendment of s 142 (Practice manual) 5
(1) Section 142(3)(b) and (c)-- 6
omit, insert-- 7
`(b) the person gives the information-- 8
(i) at the place or in the way permitted under the 9
manual; or 10
(ii) at the place or in the way the information would be 11
required to be given under section 124AA if the 12
information were a document;'. 13
(2) Section 142(4)-- 14
omit. 15
(3) Section 142(5) and (6)-- 16
renumber as section 142(4) and (5). 17
(4) Section 142(5), as renumbered, `subsection (5)'-- 18
omit, insert-- 19
`subsection (4)'. 20
Clause 260 Amendment of s 149 (Regulation-making power) 21
Section 149(2)-- 22
insert-- 23
`(c) the way an application or document must be made, 24
given or lodged for section 124AA(2)(b), or the way a 25
copy of a record must be given for section 76B(2)(b), 26
including, for example-- 27
Page 245
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 5 Amendment of Petroleum Act 1923
[s 261]
(i) practices and procedures for lodgement of 1
applications and other documents; and 2
(ii) methods for acknowledging receipt of documents; 3
and 4
(iii) methods for acceptance of the lodgement of 5
documents; and 6
(iv) the time at which a document is taken to have been 7
lodged, but only to the extent that this Act does not 8
provide otherwise; 9
(d) requiring lodgement of a hard copy of the application or 10
document.'. 11
Clause 261 Amendment of s 150 (Declaration about certain 1923 Act 12
petroleum tenures) 13
Section 150(3), after `Governor in Council'-- 14
insert-- 15
`or the Minister'. 16
Clause 262 Insertion of new pt 14, div 3 17
Part 14, as inserted by this Act-- 18
insert-- 19
`Division 3 Transitional provisions for 20
amendments in amending Act 21
commencing by proclamation 22
`193 Minister to decide particular applications for or about 23
leases 24
`(1) This section applies if-- 25
(a) before the commencement, an application was made 26
for-- 27
Page 246
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 5 Amendment of Petroleum Act 1923
[s 262]
(i) the grant of a lease under section 40; or 1
(ii) the renewal of a lease under section 45; and 2
(b) the Governor in Council has not decided the application. 3
`(2) The Minister must decide the application-- 4
(a) for the grant of a lease--under section 40, as amended 5
by the amending Act; or 6
(b) for the renewal of a lease--under section 45, as 7
amended by the amending Act. 8
`194 Unfinished indications about approval of dealing 9
`(1) This section applies if-- 10
(a) a party to a proposed dealing made a request to the 11
Minister under former section 80H; and 12
(b) the Minister had not given the party an indication before 13
the commencement. 14
`(2) The Minister may continue to consider the request and give an 15
indication under former section 80H as if the section had not 16
been repealed by the amending Act. 17
`195 Undecided applications for approval of dealing 18
`(1) This section applies if-- 19
(a) a holder of a 1923 Act petroleum tenure or interest made 20
an application for approval of a dealing under former 21
section 80I; and 22
(b) the Minister had not granted or refused the approval 23
before the commencement. 24
`(2) Despite the replacement of former part 6N by the amending 25
Act-- 26
(a) the Minister may continue to deal with the application; 27
and 28
Page 247
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 5 Amendment of Petroleum Act 1923
[s 262]
(b) former sections 80J and 80K apply to the Minister's 1
decision about the application. 2
`196 Deciding applications for approval of assessable 3
transfers until commencement of particular provisions 4
`(1) This section applies until the commencement of the 5
Environmental Protection Act 1994, chapter 5A, part 4 as 6
inserted by the Environmental Protection (Greentape 7
Reduction) and Other Legislation Amendment Act 2012. 8
`(2) Former section 80J(2)(a) continues in force instead of section 9
80KC(4)(a), as inserted by the amending Act, for deciding 10
whether to give an approval of an assessable transfer. 11
`197 Uncommenced appeals about refusal to approve 12
particular dealing 13
`(1) This section applies to a person if-- 14
(a) before the commencement, the person could have 15
appealed to the Land Court under section 104 in relation 16
to a refusal to approve a dealing under former section 17
80J(1); but 18
(b) the person had not started the appeal before the 19
commencement. 20
`(2) Despite the amendment of the schedule by the amending Act, 21
the person continues to be a person who may start an appeal 22
under section 104, subject to sections 105 and 106. 23
`198 Unfinished appeals about refusal to approve 24
particular dealing 25
`(1) This section applies if, before the commencement-- 26
(a) a person started an appeal under section 106 in relation 27
to a refusal to approve a dealing under former section 28
80J(1); and 29
(b) the Land Court had not yet decided the appeal. 30
Page 248
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 6 Amendment of Petroleum and Gas (Production and Safety) Act 2004
[s 263]
`(2) The Land Court may continue, under part 7, to grant a stay of 1
the decision being appealed, and hear and decide the appeal.'. 2
Clause 263 Amendment of schedule (Decisions subject to appeal) 3
Schedule, entry for section 80J(1)-- 4
omit, insert-- 5
`80KC refusal to approve assessable transfer 6
80KD decision to require security'. 7
Part 6 Amendment of Petroleum and 8
Gas (Production and Safety) 9
Act 2004 10
Clause 264 Act amended 11
This part amends the Petroleum and Gas (Production and 12
Safety) Act 2004. 13
Note-- 14
See also the amendments in-- 15
(a) chapter 2, part 7; and 16
(b) schedules 1 to 3. 17
Clause 265 Amendment of s 30A (Joint holders of a petroleum 18
authority) 19
Section 30A(2)(a)-- 20
omit, insert-- 21
`(a) an application is made for a petroleum authority, or for 22
approval of an assessable transfer relating to a 23
Page 249
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 6 Amendment of Petroleum and Gas (Production and Safety) Act 2004
[s 266]
petroleum authority, for more than 1 proposed holder or 1
transferee; and'. 2
Clause 266 Amendment of s 59 (Restrictions on amending work 3
program) 4
Section 59(2)(d)-- 5
omit, insert-- 6
`(d) within 3 months before the making of the application, a 7
person (the designated person) became a holder of the 8
authority as a result of-- 9
(i) an application having been made, under section 10
573C, for approval of an assessable transfer 11
relating to a share in the authority; and 12
(ii) approval of the assessable transfer having been 13
given under section 573D;'. 14
Clause 267 Amendment of s 60 (Applying for approval to amend) 15
(1) Section 60(1)-- 16
insert-- 17
`Note-- 18
For other relevant provisions about applications, see chapter 14, part 1 19
and section 851AA. 20
(2) Section 60-- 21
insert-- 22
`(4) The application must be accompanied by the fee prescribed 23
under a regulation.'. 24
Clause 268 Amendment of s 118 (Requirements for making 25
ATP-related application) 26
Section 118(2) and (3)-- 27
omit. 28
Page 250
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 6 Amendment of Petroleum and Gas (Production and Safety) Act 2004
[s 269]
Clause 269 Insertion of new ch 2, pt 2, div 7, sdiv 3 1
After section 175-- 2
insert-- 3
`Subdivision 3 Changing production 4
commencement day 5
`175AA When holder may apply to change production 6
commencement day 7
`The holder of a petroleum lease may apply to change the 8
production commencement day for the lease to a new day 9
only if-- 10
(a) the holder has a relevant arrangement in place to supply 11
petroleum produced from the area of the lease; and 12
(b) the day by which petroleum production under the lease 13
is to start is more than 2 years after the day the lease 14
took effect; and 15
(c) the application is made no later than 1 year before the 16
day by which petroleum production under the lease is to 17
start. 18
`175AB Requirements for making application 19
`An application to change a production commencement day to 20
a new day must-- 21
(a) be made to the Minister in the approved form; and 22
(b) state-- 23
(i) the proposed new day; and 24
(ii) the grounds for seeking the change; and 25
(c) be supported by information, documents or instruments 26
detailing-- 27
(i) the petroleum production required under all 28
relevant arrangements relating to the lease; and 29
Page 251
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 6 Amendment of Petroleum and Gas (Production and Safety) Act 2004
[s 269]
(ii) the reserves, resources and characteristics of 1
natural underground reservoirs of all petroleum 2
authorities required to supply petroleum under the 3
relevant arrangements; and 4
(d) be accompanied by the fee prescribed under a 5
regulation. 6
`175AC Deciding application 7
`(1) After receiving an application to change a production 8
commencement day to a new day, the Minister must decide 9
whether or not to make the change. 10
`(2) The Minister may, if the holder of the lease agrees in writing, 11
change the production commencement day for the lease to 12
another day. 13
`(3) In deciding the application, the Minister must consider-- 14
(a) whether the holder has substantially complied with the 15
lease; and 16
(b) whether petroleum production under the lease will be 17
optimised in the best interests of the State; and 18
(c) the public interest. 19
`(4) If the Minister decides to change the production 20
commencement day to a new day, the Minister must amend 21
the lease to give effect to the change. 22
Note-- 23
A change in the production commencement day may require a later 24
development plan for the lease to be lodged--see section 159. 25
`175AD Information notice about decision 26
`If the Minister decides not to change the production 27
commencement day for a lease to a new day, the Minister 28
must give the applicant an information notice about the 29
decision.'. 30
Page 252
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 6 Amendment of Petroleum and Gas (Production and Safety) Act 2004
[s 270]
Clause 270 Amendment of s 548 (Requirement to lodge records and 1
samples) 2
Section 548(2)-- 3
omit, insert-- 4
`(2) The copy of the record must-- 5
(a) be-- 6
(i) given electronically using the system for 7
submission of reports made or approved by the 8
chief executive; and 9
(ii) in the digital format made or approved by the chief 10
executive; or 11
(b) if a way of giving the copy is prescribed under a 12
regulation--be given in that way.'. 13
Clause 271 Insertion of new ss 552A and 552B 14
After section 552-- 15
insert-- 16
`552A Obligation to lodge infrastructure report for petroleum 17
lease 18
`The holder of a petroleum lease must, on or before 1 19
September each year, lodge an infrastructure report about the 20
lease for the preceding financial year that complies with 21
section 552B. 22
`552B Content requirements for infrastructure report for 23
petroleum lease 24
`An infrastructure report under section 552A must state the 25
following information for the petroleum lease the subject of 26
the report for the financial year to which the report relates-- 27
(a) details of the authorised activities for the lease carried 28
out in the area of the lease in the financial year; 29
Page 253
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 6 Amendment of Petroleum and Gas (Production and Safety) Act 2004
[s 272]
(b) details of infrastructure and works constructed in the 1
area of the lease in the financial year, including the 2
location of the infrastructure and works; 3
Examples of infrastructure and works-- 4
communication systems, compressors, powerlines, pumping 5
stations, reservoirs, roads, evaporation or storage ponds and 6
tanks or mobile and temporary camps 7
(c) any other information prescribed under a regulation.'. 8
Clause 272 Omission of s 558A (Notice of change of holder's name) 9
Section 558A-- 10
omit. 11
Clause 273 Replacement of ch 5, pt 10 (Dealings) 12
Chapter 5, part 10-- 13
omit, insert-- 14
`Part 10 Dealings 15
`Division 1 Preliminary 16
`568 Definitions for pt 10 17
`In this part-- 18
assessable transfer see section 571(2). 19
non-assessable transfer see section 571(1). 20
`569 What is a dealing with a petroleum authority 21
`(1) Each of the following is a dealing with a petroleum 22
authority-- 23
Page 254
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 6 Amendment of Petroleum and Gas (Production and Safety) Act 2004
[s 273]
(a) a transfer of the petroleum authority or of a share in the 1
petroleum authority; 2
(b) a mortgage over the petroleum authority or over a share 3
in the petroleum authority; 4
(c) a release, transfer or surrender of a mortgage mentioned 5
in paragraph (b); 6
(d) a change to the petroleum authority holder's name even 7
if the holder continues to be the same person after the 8
change; 9
(e) if the petroleum authority is a petroleum lease-- 10
(i) a sublease of the petroleum lease; or 11
(ii) a transfer of a sublease of the petroleum lease or of 12
a share in a sublease of the petroleum lease. 13
`(2) To remove any doubt, it is declared that any transaction or 14
commercial agreement not mentioned in subsection (1) is not 15
a dealing with a petroleum authority. 16
`570 Prohibited dealings 17
`The following dealings with a petroleum authority are 18
prohibited-- 19
(a) a transfer of a survey licence; 20
(b) a transfer of a pipeline authorised under section 33 or 21
110; 22
(c) a dealing, other than a dealing mentioned in section 23
569(1)(e), that has the effect of transferring a divided 24
part of the area of a petroleum tenure; 25
Examples of a divided part of the area of a petroleum tenure-- 26
· a particular part of the surface of the area 27
· a particular strata beneath the surface of the area 28
(d) a transfer of a pipeline licence, unless the pipeline the 29
subject of the licence and the pipeline land for the 30
Page 255
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 6 Amendment of Petroleum and Gas (Production and Safety) Act 2004
[s 273]
licence are also to be transferred to the transferee of the 1
pipeline licence; 2
(e) a transfer of a petroleum facility licence, unless the 3
petroleum facility and petroleum facility land the 4
subject of the licence are also to be transferred to the 5
transferee of the licence; 6
(f) a transfer of a water monitoring authority, or of a share 7
in a water monitoring authority, other than a transfer by 8
operation of law under section 201; 9
(g) a transfer of a data acquisition authority, or of a share in 10
a data acquisition authority, other than a transfer by 11
operation of law under section 182. 12
`571 Types of transfers 13
`(1) The following transfers (each a non-assessable transfer) do 14
not require assessment before being registered-- 15
(a) a transfer of a petroleum authority or of a share in a 16
petroleum authority under which-- 17
(i) the transferee is an entity having the same 18
Australian Business Number as the entity 19
comprising all or part of the transferor; or 20
(ii) part of one holder's share in the petroleum 21
authority will be transferred to another holder of 22
the petroleum authority; 23
(b) a transmission by death of a petroleum authority or of a 24
share in a petroleum authority; 25
(c) a transfer of a petroleum authority or of a share in a 26
petroleum authority by operation of law; 27
(d) a transfer of a mortgage over a petroleum authority or 28
over a share in a petroleum authority; 29
(e) a transfer of a sublease of a petroleum lease or of a share 30
in a sublease of a petroleum lease. 31
Page 256
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 6 Amendment of Petroleum and Gas (Production and Safety) Act 2004
[s 273]
`(2) A transfer of a petroleum authority or of a share in a 1
petroleum authority not mentioned in subsection (1) is an 2
assessable transfer and must be approved by the Minister 3
under division 3 before it can be registered. 4
`Division 2 Registration of dealings generally 5
`572 Registration required for all dealings 6
`(1) A dealing with a petroleum authority has no effect until it is 7
registered. 8
`(2) A registered dealing takes effect on-- 9
(a) for a dealing that is an assessable transfer--the day the 10
transfer was approved under division 3; or 11
(b) for any other dealing--the day notice of the dealing was 12
given to the chief executive under section 573. 13
`573 Obtaining registration 14
`(1) Registration of a dealing with a petroleum authority, other 15
than an assessable transfer, may be sought by giving the chief 16
executive a notice of the dealing in the approved form. 17
`(2) However, a dealing with a petroleum authority prohibited 18
under section 570 can not be registered. 19
`(3) The approved form must be accompanied by the fee 20
prescribed under a regulation. 21
`(4) Registration of an assessable transfer must be carried out by 22
the chief executive. 23
`573A Effect of approval and registration 24
`The registration of a dealing with a petroleum authority, or an 25
approval of an assessable transfer under division 3, allows the 26
dealing or transfer to have effect according to its terms but 27
Page 257
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 6 Amendment of Petroleum and Gas (Production and Safety) Act 2004
[s 273]
does not of itself give the dealing any more effect or validity 1
than it would otherwise have. 2
`Division 3 Approval of assessable transfers 3
`573B Indicative approval 4
`(1) The holder of a petroleum authority may, before applying for 5
approval of an assessable transfer relating to the authority, 6
apply to the Minister-- 7
(a) for an indication whether the Minister is likely to 8
approve the transfer (an indicative approval); and 9
(b) if the Minister is likely to impose conditions on the 10
giving of the approval--for an indication what the 11
conditions are likely to be. 12
`(2) The application must be made to the Minister in the approved 13
form and be accompanied by-- 14
(a) the information the Minister requires to make a 15
decision; and 16
(b) the fee prescribed under a regulation. 17
`(3) In deciding whether or not to give the indicative approval, the 18
Minister must consider the matters mentioned in section 19
573D(2) as if the request were an application for approval of 20
an assessable transfer. 21
`(4) The Minister must decide whether or not to give the indicative 22
approval and give the applicant notice of the decision. 23
`573C Applying for approval of assessable transfer 24
`(1) The holder of a petroleum authority may apply for approval of 25
an assessable transfer relating to the petroleum authority. 26
`(2) However, an application can not be made under subsection (1) 27
if the proposed transferee is not an eligible person. 28
Page 258
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 6 Amendment of Petroleum and Gas (Production and Safety) Act 2004
[s 273]
`(3) The application must be made to the Minister in the approved 1
form and be accompanied by-- 2
(a) a written consent to the transfer by the proposed 3
transferee; and 4
(b) if the petroleum authority or a share in the petroleum 5
authority is subject to a mortgage--a written consent to 6
the transfer by the mortgagee; and 7
(c) for a transfer of a share in a petroleum authority--a 8
written consent to the transfer by each person other than 9
the transferor who holds a share in the petroleum 10
authority; and 11
(d) the fee prescribed under a regulation. 12
`573D Deciding application 13
`(1) The Minister must decide whether or not to give the approval 14
of the assessable transfer. 15
`(2) In deciding whether or not to give the approval, the Minister 16
must consider-- 17
(a) the application and any additional information 18
accompanying the application; and 19
(b) the relevant criteria applying under chapter 2 or 4 for 20
obtaining the type of authority the subject of the 21
transfer; and 22
(c) the public interest. 23
`(3) However, subsection (2) does not apply if, under subsection 24
(6) or (7), the approval is taken to have been given. 25
`(4) The approval may be given only if-- 26
(a) the proposed transferee is-- 27
(i) an eligible person; and 28
(ii) a registered suitable operator under the 29
Environmental Protection Act; and 30
Page 259
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 6 Amendment of Petroleum and Gas (Production and Safety) Act 2004
[s 273]
(b) no petroleum royalty payable by the holder of the 1
petroleum authority remains unpaid. 2
`(5) Also, the Minister may refuse to give the approval if the 3
Minister is not satisfied the transferor has substantially 4
complied with the conditions of the petroleum authority. 5
`(6) The approval is taken to have been given if-- 6
(a) under section 573B, an indicative approval has been 7
given for the proposed dealing; and 8
(b) subsection (4) does not prevent the giving of the 9
approval; and 10
(c) within 3 months after the giving of the indicative 11
approval-- 12
(i) an application for approval of the assessable 13
transfer is made; and 14
(ii) if, under section 573B, an indication of likely 15
conditions was given--the conditions are complied 16
with. 17
`(7) The approval is also taken to have been given if-- 18
(a) subsection (6)(a) and (b) is satisfied; and 19
(b) within 10 business days before the expiration of 3 20
months after the giving of the indicative approval, the 21
applicant gives the chief executive-- 22
(i) notice in the approved form that a proposed 23
transferee has given a notice under the Foreign 24
Acquisitions and Takeovers Act 1975 (Cwlth) 25
about a proposal that relates to the assessable 26
transfer; and 27
(ii) evidence that the proposed transferee has given the 28
notice under that Act; and 29
(iii) a statement from the proposed transferee that the 30
proposed transferee has not received notice about 31
an order or decision made under that Act about the 32
proposal; and 33
Page 260
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 6 Amendment of Petroleum and Gas (Production and Safety) Act 2004
[s 273]
(c) within 6 months after the giving of the indicative 1
approval, subsection (6)(c)(i) and (ii) is satisfied. 2
`(8) Despite subsections (6) and (7), the approval of the assessable 3
transfer is taken not to have been given if-- 4
(a) the request for indicative approval contained incorrect 5
material information or omitted material information; 6
and 7
(b) had the Minister been aware of the discrepancy, the 8
Minister would not have given the indicative approval. 9
`573E Security may be required 10
`(1) The Minister may, as a condition of deciding to give the 11
approval, require the proposed transferee to give, under 12
section 488, security for the petroleum authority the subject of 13
the transfer as if the proposed transferee were an applicant for 14
the petroleum authority. 15
`(2) If the proposed transferee does not comply with the 16
requirement, the application may be refused. 17
`(3) When the transfer of the petroleum authority is complete, 18
section 488 applies to the transferee of the petroleum 19
authority as holder. 20
`573F Notice of decision 21
`(1) If the Minister decides to give the approval, the Minister must 22
give the applicant notice of the decision. 23
`(2) If the Minister decides not to give the approval, the Minister 24
must give the applicant an information notice for the decision. 25
Page 261
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 6 Amendment of Petroleum and Gas (Production and Safety) Act 2004
[s 273]
`Part 10A Recording associated 1
agreements 2
`573G Definition for pt 10A 3
`In this part-- 4
associated agreement, for a petroleum authority, means an 5
agreement relating to the petroleum authority, other than the 6
following-- 7
(a) a dealing with the petroleum authority; 8
(b) a dealing with the petroleum authority that is prohibited 9
under section 570; 10
(c) another agreement prescribed under a regulation as 11
unsuitable to be recorded in the petroleum register. 12
`573H Recording associated agreements 13
`(1) An associated agreement for a petroleum authority may be 14
recorded in the petroleum register against the petroleum 15
authority. 16
`(2) Registration of an associated agreement may be sought by 17
giving the chief executive a notice of the agreement in the 18
approved form. 19
`(3) An approved form given to the chief executive under this 20
section must be accompanied by the fee prescribed under a 21
regulation. 22
`(4) The chief executive is not required to examine, or to 23
determine the validity of, an associated agreement recorded in 24
the petroleum register under this section. 25
`573I Effect of recording associated agreements 26
`The recording of an associated agreement under this part 27
does not of itself-- 28
Page 262
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 6 Amendment of Petroleum and Gas (Production and Safety) Act 2004
[s 273]
(a) give the agreement any more effect or validity than it 1
would otherwise have; or 2
(b) create an interest in the petroleum authority against 3
which it is recorded. 4
`Part 10B Caveats 5
`573J Requirements of caveats 6
`(1) A caveat must-- 7
(a) be lodged in the approved form; and 8
(b) be signed by the caveator, the caveator's solicitor or 9
another person authorised in writing by the caveator; 10
and 11
(c) state the name and address for service of 1 person upon 12
whom any notice may be served in order to serve the 13
caveator; and 14
(d) identify the petroleum authority the subject of the 15
caveat; and 16
(e) state the nature of the right or interest claimed by the 17
caveator; and 18
(f) state the period for which the caveat is to continue in 19
force; and 20
(g) if a person consents to the lodging of the caveat, be 21
endorsed with the person's consent; and 22
(h) be accompanied by the lodgement fee prescribed under 23
a regulation. 24
`(2) A caveat that does not comply with subsection (1) is of no 25
effect. 26
Page 263
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 6 Amendment of Petroleum and Gas (Production and Safety) Act 2004
[s 273]
`573K Lodging of caveat 1
`(1) A caveat may be lodged by any of the following-- 2
(a) a person claiming an interest in a petroleum authority; 3
(b) the registered holder of a petroleum authority; 4
(c) a person to whom an Australian court has ordered that 5
an interest in a petroleum authority be transferred; 6
(d) a person who has the benefit of a subsisting order of an 7
Australian court restraining a registered holder of a 8
petroleum authority from dealing with the petroleum 9
authority. 10
`(2) A caveat lodged under this section can not be registered if it 11
applies to any of the following-- 12
(a) an application for indicative approval; 13
(b) an indicative approval given by the Minister; 14
(c) an application for approval of an assessable transfer; 15
(d) a notice to register a dealing given to the chief executive 16
under section 573. 17
`573L Chief executive's functions on receipt of caveat 18
`(1) On receipt of a caveat complying with section 573J(1), the 19
chief executive must-- 20
(a) notify the holder or holders of the affected petroleum 21
authority of the receipt of the caveat; and 22
(b) notify all other persons who have an interest in the 23
petroleum authority as recorded in the petroleum 24
register, including any subsisting prior caveator, of the 25
receipt of the caveat; and 26
(c) record the existence of the caveat in the petroleum 27
register. 28
`(2) For subsection (1)(b), a person does not have an interest in the 29
petroleum authority only because the person is a party to an 30
Page 264
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 6 Amendment of Petroleum and Gas (Production and Safety) Act 2004
[s 273]
associated agreement recorded in the petroleum register 1
against the petroleum authority. 2
`573M Effect of lodging caveat 3
`(1) Until a caveat lapses, or is removed or withdrawn, the caveat 4
prevents registration of a dealing with a petroleum authority 5
over which the caveat is lodged from the date and time 6
endorsed by the chief executive on the caveat as the caveat's 7
date and time of lodgement. 8
`(2) However, lodgement of a caveat does not prevent registration 9
of the following-- 10
(a) an instrument stated in the caveat as an instrument to 11
which the caveat does not apply; 12
(b) an instrument if the caveator consents, in the approved 13
form, to its registration and the consent is lodged with 14
the chief executive; 15
(c) an instrument executed by a mortgagee whose interest 16
was registered before lodgement of the caveat if-- 17
(i) the mortgagee has power under the mortgage to 18
execute the instrument; and 19
(ii) the caveator claims an interest in the petroleum 20
authority as security for the payment of money or 21
money's worth; 22
(d) an instrument of transfer of mortgage executed by a 23
mortgagee whose interest was registered before 24
lodgement of the caveat; 25
(e) another interest that, if registered, will not affect the 26
interest claimed by the caveator. 27
`(3) The exception in subsection (2)(d) does not apply to a caveat 28
lodged by the petroleum authority holder. 29
`(4) Lodgement of a caveat does not create in the caveator an 30
interest in the petroleum authority affected by the caveat. 31
Page 265
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 6 Amendment of Petroleum and Gas (Production and Safety) Act 2004
[s 273]
`573N Lapsing, withdrawal or removal of caveat 1
`(1) An agreed caveat lapses at the expiration of the term stated in 2
the caveat but, if no term is stated, the caveat continues until it 3
is withdrawn or removed. 4
`(2) A caveat that is not an agreed caveat lapses-- 5
(a) if an order of the Land Court is in force in relation to the 6
caveat--at the expiration of the order; or 7
(b) otherwise--at the expiration of 3 months after the date 8
of lodgement of the caveat or a shorter term stated in the 9
caveat. 10
`(3) A caveator may withdraw the caveat by notifying the chief 11
executive in writing. 12
`(4) An affected person for a caveat may apply to the Land Court 13
for an order that the caveat be removed. 14
`(5) The Land Court may make the order whether or not the 15
caveator has been served with the application, and may make 16
the order on the terms it considers appropriate. 17
`(6) If a caveat is withdrawn, lapses or is ordered to be removed, 18
the chief executive must record the withdrawal, lapse or 19
removal in the register. 20
`(7) In this section-- 21
affected person, for a caveat, means a person-- 22
(a) who has a right or interest (present or prospective) in the 23
petroleum authority the subject of the caveat; or 24
(b) whose right (present or prospective) to deal with the 25
petroleum authority the subject of the caveat is affected 26
by the caveat. 27
agreed caveat means a caveat to which each holder of the 28
petroleum authority the subject of the caveat has consented, if 29
the consent has been lodged with the caveat. 30
Page 266
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 6 Amendment of Petroleum and Gas (Production and Safety) Act 2004
[s 274]
`573O Further caveat not available to same person 1
`(1) This section applies if a caveat (the original caveat) is lodged 2
in relation to an interest. 3
`(2) A further caveat with the same caveator can never be lodged 4
in relation to the interest on the same, or substantially the 5
same, grounds as the grounds stated in the original caveat 6
unless-- 7
(a) the consent of each holder of the petroleum authority the 8
subject of the caveat has been lodged with the caveat; or 9
(b) the leave of a court of competent jurisdiction to lodge 10
the further caveat has been granted. 11
`573P Compensation for lodging caveat without reasonable 12
cause 13
`A person who lodges a caveat in relation to a petroleum 14
authority without reasonable cause is liable to compensate 15
anyone else who suffers loss or damage because of the 16
caveat.'. 17
Clause 274 Replacement of ss 842 and 843 18
Sections 842 and 843-- 19
omit, insert-- 20
`842 Requirements for making an application 21
`(1) This section applies to a purported application, other than to 22
the Land Court, not made under the requirements under this 23
Act for making the application. 24
`(2) The relevant person for the application must refuse to receive 25
or process the purported application. 26
`(3) However, the relevant person may decide to allow the 27
application to proceed and be decided as if it did comply with 28
the requirements if the relevant person is satisfied the 29
application substantially complies with the requirements. 30
Page 267
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 6 Amendment of Petroleum and Gas (Production and Safety) Act 2004
[s 274]
`(4) If the relevant person decides to refuse to receive or process 1
the purported application-- 2
(a) the relevant person must give the applicant notice of the 3
decision and the reasons for it; and 4
(b) the relevant person must refund the application fee to 5
the applicant. 6
`(5) In this section-- 7
relevant person, for an application, means-- 8
(a) the chief inspector, if the application is made under-- 9
(i) section 389, 622 or 728; or 10
(ii) chapter 9, part 1; or 11
(b) otherwise--the chief executive. 12
`843 Request to applicant about application 13
`(1) For an application under this Act, the relevant person for the 14
application may, by notice, require the applicant to do all or 15
any of the following within a stated reasonable period-- 16
(a) complete or correct the application if it appears to the 17
relevant person to be incorrect, incomplete or defective; 18
(b) give the relevant person or another stated officer of the 19
department additional information about, or relevant to, 20
the application; 21
Examples-- 22
1 The application is for a petroleum lease. The chief executive 23
may require additional information about a document given 24
with the application, for example, a document prepared by 25
an appropriately qualified person, independently verifying 26
reserve data given in the proposed development plan for the 27
lease. 28
2 The application is for a potential commercial area. The chief 29
executive may require additional information about drilling 30
and production test results. 31
Page 268
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 6 Amendment of Petroleum and Gas (Production and Safety) Act 2004
[s 274]
(c) give the relevant person or another stated officer of the 1
department an independent report by an appropriately 2
qualified person, or a statement or statutory declaration, 3
verifying all or any of the following-- 4
(i) any information included in the application; 5
(ii) any additional information required under 6
paragraph (b); 7
(iii) if the application is for a petroleum tenure--that 8
the applicant meets the relevant capability criteria 9
under chapter 2. 10
`(2) For subsection (1)(b), if the application is for a petroleum 11
authority, a required document may include a survey or 12
resurvey of the area of the proposed authority carried out by a 13
person who is a cadastral surveyor under the Surveyors Act 14
2003. 15
`(3) For subsection (1)(c), the notice may require the statement or 16
statutory declaration-- 17
(a) to be made by an appropriately qualified independent 18
person or by the applicant; and 19
(b) if the applicant is a corporation--to be made for the 20
applicant by an executive officer of the applicant. 21
`(4) The giving of a statement for subsection (1)(c) does not 22
prevent the relevant person from also requiring a statutory 23
declaration for the subsection. 24
`(5) The applicant must bear any costs incurred in complying with 25
the notice. 26
`(6) The relevant person may extend the period for complying with 27
the notice. 28
`(7) In this section-- 29
application does not include-- 30
(a) an application to a court or tribunal; or 31
(b) an internal review application under chapter 12, part 1. 32
Page 269
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 6 Amendment of Petroleum and Gas (Production and Safety) Act 2004
[s 274]
information includes a document. 1
relevant person, for an application under this Act, means-- 2
(a) the chief inspector, if the application is made under-- 3
(i) section 389, 622 or 728; or 4
(ii) chapter 9, part 1; or 5
(b) otherwise--the chief executive. 6
`843A Refusing application for failure to comply with request 7
`(1) This section applies for an application if-- 8
(a) the chief executive or the chief inspector gives a notice 9
under section 843 for the application; and 10
(b) the period stated in the notice for complying with it has 11
ended; and 12
(c) the request has not been complied with to the 13
satisfaction of the person who gave the notice. 14
`(2) The application may be refused by-- 15
(a) if the notice was given by the chief executive--the 16
Minister; or 17
(b) if the notice was given by the chief inspector--the chief 18
inspector. 19
`(3) To remove any doubt, it is declared that subsection (2) applies 20
despite another provision of this Act that provides the 21
application must be granted in particular circumstances or if 22
particular requirements have been complied with. 23
`843B Notice to progress petroleum authority or renewal 24
applications 25
`(1) The Minister may by notice require an applicant for, or to 26
renew, a petroleum authority to do, within a stated reasonable 27
period, any thing required of the applicant under this Act or 28
Page 270
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 6 Amendment of Petroleum and Gas (Production and Safety) Act 2004
[s 274]
another Act to allow the application to be decided or the 1
authority to be granted or renewed. 2
`(2) However, the period for complying with the notice must be at 3
least 20 business days after the notice is given. 4
`(3) The Minister may extend the period for complying with the 5
notice. 6
`(4) The Minister may refuse the application if the applicant does 7
not comply with the requirement. 8
`843C Particular criteria generally not exhaustive 9
`(1) This section applies if another provision of this Act permits or 10
requires the decision-maker for an application under this Act 11
to consider particular criteria in deciding the application. 12
`(2) To remove any doubt, it is declared that the decision-maker 13
may, in making the decision, consider any other criteria the 14
decision-maker considers relevant. 15
`(3) However, subsection (2) does not apply if the provision 16
otherwise provides. 17
`(4) In this section-- 18
criteria includes issues and matters. 19
`843D Particular grounds for refusal generally not exhaustive 20
`(1) This section applies if another provision of this Act provides 21
for particular grounds on which the decision-maker for an 22
application under this Act may refuse the application. 23
`(2) To remove any doubt, it is declared that, unless the other 24
provision otherwise provides, the decision-maker may refuse 25
the application on another reasonable and relevant ground. 26
`(3) In this section-- 27
refuse, an application, includes refuse the thing the subject of 28
the application.'. 29
Page 271
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 6 Amendment of Petroleum and Gas (Production and Safety) Act 2004
[s 275]
Clause 275 Insertion of new s 851AA 1
Chapter 14, part 3, before section 851A-- 2
insert-- 3
`851AA Place or way for making applications or giving or 4
lodging documents 5
`(1) This section applies to any of the following under this Act-- 6
(a) the making of an application; 7
(b) the giving of a document to the Minister, chief executive 8
or chief inspector; 9
(c) the lodging of a document. 10
`(2) The application or document may be made, given or lodged 11
only-- 12
(a) at the following place-- 13
(i) the office of the department provided for under the 14
relevant approved form for that purpose; 15
(ii) if the relevant approved form does not make 16
provision as mentioned in subparagraph (i) or if 17
there is no relevant approved form--the office of 18
the department notified on the department's 19
website; or 20
(b) in the way prescribed under a regulation. 21
`(3) Without limiting subsection (2)(b), the way prescribed under a 22
regulation may include making, giving or lodging the 23
application or document at another place. 24
`(4) This section does not apply to the following-- 25
(a) the making of an application to the Land Court; 26
(b) the making of an application for a warrant under section 27
748; 28
(c) the giving of a royalty estimate to the Minister under 29
section 599A; 30
(d) the lodging of any of the following-- 31
Page 272
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 6 Amendment of Petroleum and Gas (Production and Safety) Act 2004
[s 276]
(i) a submission to a public road authority under 1
section 427; 2
(ii) a royalty return under section 594; 3
(iii) a reconciliation return under section 597; 4
(iv) an annual royalty return under section 599; 5
(v) submissions under section 604; 6
(vi) a proposed later development plan for a converted 7
lease under section 897; 8
(vii) a statement under section 934A; 9
(viii) a document that under this Act must be lodged 10
electronically using the system for submission of 11
reports made or approved by the chief executive.'. 12
Clause 276 Amendment of s 858A (Practice manual) 13
(1) Section 858A(3)(b) and (c)-- 14
omit, insert-- 15
`(b) the person gives the information-- 16
(i) at the place or in the way permitted under the 17
manual; or 18
(ii) at the place or in the way the information would be 19
required to be given under section 851AA if the 20
information were a document;'. 21
(2) Section 858A(4)-- 22
omit. 23
(3) Section 858A(5) and (6)-- 24
renumber as section 858A(4) and (5). 25
(4) Section 858A(5), as renumbered, `subsection (5)'-- 26
omit, insert-- 27
`subsection (4)'. 28
Page 273
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 6 Amendment of Petroleum and Gas (Production and Safety) Act 2004
[s 277]
Clause 277 Amendment of s 859 (Regulation-making power) 1
Section 859(2)-- 2
insert-- 3
`(c) the way an application or document must be made, 4
given or lodged for section 851AA(2)(b), or the way a 5
copy of a record must be given for section 548(2)(b), 6
including, for example-- 7
(i) practices and procedures for lodgement of 8
applications and other documents; and 9
(ii) methods for acknowledging receipt of documents; 10
and 11
(iii) methods for acceptance of the lodgement of 12
documents; and 13
(iv) the time at which a document is taken to have been 14
lodged, but only to the extent that this Act does not 15
provide otherwise; 16
(d) requiring lodgement of a hard copy of the application or 17
document.'. 18
Clause 278 Insertion of new ch 15, pt 13, div 3 19
Chapter 15, part 13-- 20
insert-- 21
`Division 3 Transitional provisions for 22
amendments in amending Act 23
commencing by proclamation 24
`964 Definition for div 3 25
In this division-- 26
existing petroleum lease means a petroleum lease that is in 27
effect immediately before the commencement. 28
Page 274
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 6 Amendment of Petroleum and Gas (Production and Safety) Act 2004
[s 278]
`965 When holder of an existing petroleum lease may 1
apply to change production commencement day 2
`(1) This section applies to the holder of an existing petroleum 3
lease if the production commencement day for the lease is 4
before 1 February 2014. 5
`(2) The holder may apply under section 175AA in relation to the 6
production commencement day only if the application is made 7
no later than 6 months before the day by which petroleum 8
production under the lease is to start. 9
`(3) This section applies despite section 175AA(c). 10
`966 Particular requirements for infrastructure reports 11
under s 552A for existing petroleum leases 12
`(1) This section applies to the holder of an existing petroleum 13
lease. 14
`(2) The first infrastructure report lodged after the commencement 15
by the holder under section 552A for an existing petroleum 16
lease must, in addition to the requirements mentioned in 17
section 552B, also state-- 18
(a) details of the authorised activities for the lease carried 19
out since the lease was granted; and 20
(b) details of infrastructure and works constructed in the 21
area of the lease since the lease was granted, including 22
the location of the infrastructure and works. 23
`967 Unfinished indications about approval of dealing 24
`(1) This section applies if-- 25
(a) a party to a proposed dealing made a request to the 26
Minister under former section 571; and 27
(b) the Minister had not given the party an indication before 28
the commencement. 29
Page 275
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 6 Amendment of Petroleum and Gas (Production and Safety) Act 2004
[s 278]
`(2) The Minister may continue to consider the request and give 1
the indication under former section 571 as if the section had 2
not been repealed by the amending Act. 3
`968 Continuing indications about approval of dealing 4
`(1) This section applies if-- 5
(a) before the commencement, the Minister gave an 6
indication of approval of a proposed dealing under 7
former section 571; and 8
(b) the indication is current at the commencement. 9
`(2) The indication of approval continues to have effect after the 10
commencement as if former section 571 had not been 11
repealed by the amending Act. 12
`969 Undecided applications for approval of dealing 13
`(1) This section applies if-- 14
(a) a holder of a petroleum authority or interest made an 15
application for approval of a dealing under former 16
section 572; and 17
(b) the Minister had not granted or refused the approval 18
before the commencement. 19
`(2) Despite the replacement of former chapter 5, part 10 by the 20
amending Act-- 21
(a) the Minister may continue to deal with the application; 22
and 23
(b) former sections 573 and 574 apply to the Minister's 24
decision about the application. 25
`970 Deciding applications for approval of assessable 26
transfers until commencement of particular provisions 27
`(1) This section applies until the commencement of the 28
Environmental Protection Act 1994, chapter 5A, part 4 as 29
Page 276
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 6 Amendment of Petroleum and Gas (Production and Safety) Act 2004
[s 278]
inserted by the Environmental Protection (Greentape 1
Reduction) and Other Legislation Amendment Act 2012. 2
`(2) Former section 573(2)(a) continues in force instead of section 3
573D(4)(a)(ii), as inserted by the amending Act, for deciding 4
whether to give an approval of an assessable transfer. 5
`971 Uncommenced review of refusal to approve particular 6
dealing 7
`(1) This section applies to a person if-- 8
(a) before the commencement, the person could have 9
applied under section 817 for an internal review of a 10
decision about a refusal to approve a dealing under 11
former section 573(1); but 12
(b) the person had not made the application before the 13
commencement. 14
`(2) Despite the amendment of schedule 1 by the amending Act, 15
the person continues to be a person who may apply under 16
section 817, subject to section 818, for the decision. 17
`972 Unfinished review of refusal to approve particular 18
dealing 19
`(1) This section applies if, before the commencement-- 20
(a) a person applied under section 817 for an internal 21
review about a refusal to approve a dealing under former 22
section 573(1); and 23
(b) the reviewer had not yet decided the review. 24
`(2) The reviewer may continue, under chapter 12, part 1, to grant 25
a stay of the decision being reviewed and decide the review. 26
`973 Amending work programs 27
`(1) This section applies if-- 28
Page 277
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 6 Amendment of Petroleum and Gas (Production and Safety) Act 2004
[s 279]
(a) after the commencement, an authority to prospect holder 1
applies for approval of an amendment of a work 2
program for the authority (a work program application) 3
mentioned in section 59(1)(b); and 4
(b) before the commencement-- 5
(i) a transfer of a share in the authority was approved 6
under section 573; or 7
(ii) an application for approval of a transfer of a share 8
in the authority was made under section 572 but 9
had not been decided. 10
`(2) Section 59(2)(d), as amended by the amending Act, applies in 11
relation to the work program application as if a reference-- 12
(a) in section 59(2)(d)(i) to an application under section 13
573C for approval of an assessable transfer relating to a 14
share in the authority were a reference to an application 15
for approval of a transfer of a share in the authority 16
under former section 572; and 17
(b) in section 59(2)(d)(ii) to approval of the assessable 18
transfer having been given under section 573D were a 19
reference to the approval of a transfer of a share in the 20
authority having been given under former section 573.'. 21
Clause 279 Amendment of sch 1 (Reviews and appeals) 22
(1) Schedule 1, table 2, under heading `Petroleum leases'-- 23
insert-- 24
`175AC(1) Decision not to change production Land Court'.
commencement day for a petroleum lease
(2) Schedule 1, table 2, entry for section 573(1)-- 25
omit, insert-- 26
`573D(1) Refusal to approve assessable transfer Land Court'.
Page 278
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 3 Amendments commencing by proclamation other than amendments for the
restructure of the Mineral Resources Act 1989
Part 6 Amendment of Petroleum and Gas (Production and Safety) Act 2004
[s 280]
Clause 280 Amendment of sch 2 (Dictionary) 1
(1) Schedule 2, definitions dealing, production commencement 2
day and relevant departmental office-- 3
omit. 4
(2) Schedule 2-- 5
insert-- 6
`apply, in relation to making an application, has the meaning 7
affected by section 851AA. 8
assessable transfer, for chapter 5, part 10, see section 571(2). 9
dealing, with a petroleum authority, see section 569. 10
give, a document to the Minister, chief executive or chief 11
inspector, has the meaning affected by section 851AA. 12
indicative approval, of an assessable transfer, see section 13
573B(1)(a). 14
lodge, a document, has the meaning affected by section 15
851AA. 16
make submissions has the meaning affected by section 17
851AA. 18
non-assessable transfer, for chapter 5, part 10, see section 19
571(1). 20
production commencement day, for a petroleum lease, 21
means-- 22
(a) the day stated under section 123(3)(c) for the lease; or 23
(b) if the day mentioned in paragraph (a) has been changed 24
under section 175AC--that day as changed from time to 25
time under section 175AC.'. 26
Page 279
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 4 Amendments for the restructure of the Mineral Resources Act 1989
Part 1 Amendment of Mineral Resources Act 1989
[s 281]
Part 7 Amendment of other Acts 1
Clause 281 Acts amended 2
Schedule 2 amends the Acts it mentions. 3
Chapter 4 Amendments for the 4
restructure of the Mineral 5
Resources Act 1989 6
Part 1 Amendment of Mineral 7
Resources Act 1989 8
Clause 282 Act amended 9
(1) This part amends the Mineral Resources Act 1989. 10
(2) If schedule 3 amends a provision renumbered in this part, the 11
renumbering in this part takes effect immediately after the 12
amendment of the provision in schedule 3. 13
Note-- 14
See also the amendments in-- 15
(a) chapter 2, part 5; and 16
(b) chapter 3, part 4; and 17
(c) schedules 1 to 3. 18
Clause 283 Replacement of pt 1, hdg (Preliminary) 19
Part 1, heading-- 20
omit, insert-- 21
Page 280
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 4 Amendments for the restructure of the Mineral Resources Act 1989
Part 1 Amendment of Mineral Resources Act 1989
[s 284]
`Chapter 1 Preliminary 1
`Part 1 Introduction'. 2
Clause 284 Insertion of new ch 1, pt 2, hdg 3
After section 2-- 4
insert-- 5
`Part 2 Application of Act generally 6
etc.'. 7
Clause 285 Insertion of new ch 1, pt 3, hdg and ch 1, pt 4, hdg 8
After section 4-- 9
insert-- 10
`Part 3 Relationship with Sustainable 11
Planning Act 2009 12
`Part 4 Interpretation'. 13
Clause 286 Insertion of new ch 1, pt 5, hdg 14
After section 7-- 15
insert-- 16
`Part 5 General provisions for minerals 17
and mining tenements'. 18
Clause 287 Replacement of pt 2, hdg (Mining districts) 19
Part 2, heading-- 20
Page 281
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 4 Amendments for the restructure of the Mineral Resources Act 1989
Part 1 Amendment of Mineral Resources Act 1989
[s 288]
omit, insert-- 1
`Part 6 Mining districts'. 2
Clause 288 Replacement of particular headings in pt 3 3
(1) This section amends particular headings in part 3 to convert 4
the part into a chapter and divisions into parts. 5
(2) Part 3 is amended by omitting each heading mentioned in 6
column 1 and inserting each heading mentioned in column 7
2-- 8
Column 1 Column 2
Heading omitted Heading inserted
Part 3, heading Chapter 2 Prospecting permits
Part 3, division 1, heading Part 1 Prospecting permit categories and
entitlements
Part 3, division 2, heading Part 2 Other provisions about prospecting
permits
Clause 289 Replacement of pt 4, hdg (Mining claims) 9
Part 4, heading-- 10
omit, insert-- 11
`Chapter 3 Mining claims'. 12
Clause 290 Replacement of pt 5, hdg (Exploration permits) 13
Part 5, heading-- 14
Page 282
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 4 Amendments for the restructure of the Mineral Resources Act 1989
Part 1 Amendment of Mineral Resources Act 1989
[s 291]
omit, insert-- 1
`Chapter 4 Exploration permits'. 2
Clause 291 Replacement of pt 6, hdg (Mineral development licences) 3
Part 6, heading-- 4
omit, insert-- 5
`Chapter 5 Mineral development 6
licences 7
`Part 1 Mineral development licences 8
generally'. 9
Clause 292 Replacement of pt 6A, hdg (Mineral development licence 10
for Aurukun project) 11
Part 6A, heading-- 12
omit, insert-- 13
`Part 2 Mineral development licence 14
for Aurukun project'. 15
Clause 293 Replacement of pt 7, hdg (Mining leases) 16
Part 7, heading-- 17
omit, insert-- 18
`Chapter 6 Mining leases 19
`Part 1 Mining leases generally'. 20
Page 283
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 4 Amendments for the restructure of the Mineral Resources Act 1989
Part 1 Amendment of Mineral Resources Act 1989
[s 294]
Clause 294 Replacement of pt 7AAA, hdg (Mining lease for Aurukun 1
project) 2
Part 7AAA, heading-- 3
omit, insert-- 4
`Part 2 Mining lease for Aurukun 5
project'. 6
Clause 295 Replacement of pt 7AAAB, hdg (Dealings and transfers 7
affecting applications for mining leases) 8
Part 7AAAB, heading, as inserted by this Act-- 9
omit, insert-- 10
`Chapter 7 Common provisions for 11
mining tenements 12
`Part 1 Dealings and transfers 13
affecting applications for 14
mining leases'. 15
Clause 296 Replacement of pt 7AAAC, hdg (Recording associated 16
agreements) 17
Part 7AAAC, heading, as inserted by this Act-- 18
omit, insert-- 19
`Part 2 Recording associated 20
agreements'. 21
Clause 297 Replacement of pt 7AAAD, hdg (Caveats) 22
Part 7AAAD, heading, as inserted by this Act-- 23
Page 284
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 4 Amendments for the restructure of the Mineral Resources Act 1989
Part 1 Amendment of Mineral Resources Act 1989
[s 298]
omit, insert-- 1
`Part 3 Caveats'. 2
Clause 298 Replacement of pt 7AAAE, hdg (Appeals about approvals 3
of assessable transfers) 4
Part 7AAAE, heading, as inserted by this Act-- 5
omit, insert-- 6
`Part 4 Appeals about approvals of 7
assessable transfers'. 8
Clause 299 Replacement of particular headings in pt 7AA 9
(1) This section amends particular headings in part 7AA to 10
convert the part into a chapter, divisions into parts and 11
subdivisions into divisions. 12
(2) Part 7AA is amended by omitting each heading mentioned in 13
column 1 and inserting each heading mentioned in column 14
2-- 15
Column 1 Column 2
Heading omitted Heading inserted
Part 7AA, heading Chapter 8 Provisions for coal seam gas
Part 7AA, division 1, heading Part 1 Preliminary
Part 7AA, division 1, subdivision 1, heading Division 1 Introduction
Part 7AA, division 1, subdivision 2, heading Division 2 Definitions for chapter 8
Part 7AA, division 1, subdivision 3, heading Division 3 Relationship with particular
special agreement Acts
Part 7AA, division 2, heading Part 2 Obtaining coal or oil shale mining
lease over land in area of authority to
prospect (other than by or jointly with, or
with the consent of, authority to prospect
holder)
Page 285
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 4 Amendments for the restructure of the Mineral Resources Act 1989
Part 1 Amendment of Mineral Resources Act 1989
[s 299]
Column 1 Column 2
Part 7AA, division 2, subdivision 1, heading Division 1 Preliminary
Part 7AA, division 2, subdivision 2, heading Division 2 Provisions for making coal or oil
shale mining lease application
Part 7AA, division 2, subdivision 3, heading Division 3 Provisions for applications in
particular circumstances
Part 7AA, division 2, subdivision 4, heading Division 4 Obligations of applicant and
authority to prospect holder
Part 7AA, division 2, subdivision 5, heading Division 5 Priority for earlier petroleum
lease application or proposed application
Part 7AA, division 2, subdivision 6, heading Division 6 Ministerial decision about
whether to give any preference to petroleum
development
Part 7AA, division 2, subdivision 7, heading Division 7 Process if preference decision is
to give any preference to petroleum
development
Part 7AA, division 2, subdivision 8, heading Division 8 Deciding mining lease
Part 7AA, division 3, heading Part 3 Obtaining coal or oil shale mining
lease over land in area of authority to
prospect (by or jointly with, or with the
consent of, authority to prospect holder)
Part 7AA, division 4, heading Part 4 Coal mining lease and oil shale mining
lease applications in response to Petroleum
and Gas (Production and Safety) Act
preference decision
Part 7AA, division 5, heading Part 5 Obtaining coal or oil shale mining
lease over land in area of petroleum lease
(other than by or jointly with petroleum lease
holder)
Part 7AA, division 6, heading Part 6 Obtaining coal or oil shale mining
lease over land in area of petroleum lease (by
or jointly with petroleum lease holder)
Part 7AA, division 7, heading Part 7 Additional provisions for coal and oil
shale exploration tenements
Page 286
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 4 Amendments for the restructure of the Mineral Resources Act 1989
Part 1 Amendment of Mineral Resources Act 1989
[s 299]
Column 1 Column 2
Part 7AA, division 7, subdivision 1, heading Division 1 Grant of coal or oil shale
exploration tenement in area of authority to
prospect
Part 7AA, division 7, subdivision 2, heading Division 2 Restriction on authorised
activities on petroleum lease land
Part 7AA, division 7, subdivision 3, heading Division 3 Conditions
Part 7AA, division 8, heading Part 8 Additional provisions for coal mining
leases and oil shale mining leases
Part 7AA, division 8, subdivision 1, heading Division 1 Entitlement to coal seam gas
Part 7AA, division 8, subdivision 2, heading Division 2 Provisions for mining coal seam
gas from coextensive natural underground
reservoirs
Part 7AA, division 8, subdivision 3, heading Division 3 Conditions
Part 7AA, division 8, subdivision 4, heading Division 4 Amendment of relinquishment
condition by application
Part 7AA, division 8, subdivision 5, heading Division 5 Restriction on amending other
(as amended by this Act) conditions
Part 7AA, division 8, subdivision 6, heading Division 6 Renewals
Part 7AA, division 8, subdivision 7, heading Division 7 Consolidations
Part 7AA, division 8, subdivision 8, heading Division 8 Restriction on transfer or
(as amended by this Act) subletting
Part 7AA, division 9, heading Part 9 Development plans for coal mining
leases and oil shale mining leases
Part 7AA, division 9, subdivision 1, heading Division 1 General provisions about
development plans
Part 7AA, division 9, subdivision 2, heading Division 2 Requirements for proposed initial
development plans
Part 7AA, division 9, subdivision 3, heading Division 3 Approval of proposed initial
development plans
Part 7AA, division 9, subdivision 4, heading Division 4 Approval of proposed later
development plans
Page 287
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 4 Amendments for the restructure of the Mineral Resources Act 1989
Part 1 Amendment of Mineral Resources Act 1989
[s 300]
Column 1 Column 2
Part 7AA, division 9, subdivision 5, heading Division 5 Appeals
Part 7AA, division 10, heading Part 10 Confidentiality of information
Clause 300 Relocation and renumbering of pt 7AAB (Provisions for 1
McFarlane oil shale deposit) 2
(1) Part 7AAB-- 3
relocate to chapter 12, as inserted by this Act, and renumber 4
as part 1 of that chapter. 5
(2) Sections 318ELAA to 318ELAL-- 6
renumber as sections 334E to 334P. 7
Note-- 8
Schedule 3 amends provisions relocated and renumbered by this section 9
and, under section 282(2), those amendments take effect before the 10
relocation and renumbering by this section. 11
Clause 301 Replacement of particular headings in pt 7AAC 12
(1) This section amends particular headings in part 7AAC to 13
convert the part into a chapter, divisions into parts and 14
subdivisions into divisions. 15
(2) Part 7AAC is amended by omitting each heading mentioned 16
in column 1 and inserting each heading mentioned in column 17
2-- 18
Column 1 Column 2
Heading omitted Heading inserted
Part 7AAC, heading Chapter 9 Provisions for geothermal tenures
and GHG authorities
Part 7AAC, division 1, heading Part 1 Preliminary
Part 7AAC, division 2, heading Part 2 Obtaining mining lease if overlapping
tenure
Page 288
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 4 Amendments for the restructure of the Mineral Resources Act 1989
Part 1 Amendment of Mineral Resources Act 1989
[s 302]
Column 1 Column 2
Part 7AAC, division 2, subdivision 1, Division 1 Preliminary
heading
Part 7AAC, division 2, subdivision 2, Division 2 Requirements for application
heading
Part 7AAC, division 2, subdivision 3, Division 3 Consultation provisions
heading
Part 7AAC, division 2, subdivision 4, Division 4 Resource management decision if
heading overlapping permit
Part 7AAC, division 2, subdivision 5, Division 5 Process if resource management
heading decision is to give overlapping authority
priority
Part 7AAC, division 2, subdivision 6, Division 6 Resource management decision
heading (as amended by this Act) not to grant and not to give priority
Part 7AAC, division 2, subdivision 7, Division 7 Deciding application
heading
Part 7AAC, division 3, heading Part 3 Priority to particular geothermal or
GHG lease applications
Part 7AAC, division 4, heading Part 4 Mining lease applications in response
to invitation under Geothermal Act or GHG
storage Act
Part 7AAC, division 5, heading Part 5 Additional provisions for particular
mining tenements
Part 7AAC, division 5, subdivision 1, Division 1 Restrictions on authorised
heading activities for particular mining tenements
Part 7AAC, division 5, subdivision 2, Division 2 Provisions about conditions
heading
Clause 302 Replacement of particular headings in pt 7A 1
(1) This section amends particular headings in part 7A to convert 2
the part into a chapter and divisions into parts. 3
Page 289
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 4 Amendments for the restructure of the Mineral Resources Act 1989
Part 1 Amendment of Mineral Resources Act 1989
[s 303]
(2) Part 7A is amended by omitting each heading mentioned in 1
column 1 and inserting each heading mentioned in column 2
2-- 3
Column 1 Column 2
Heading omitted Heading inserted
Part 7A, heading Chapter 10 Roads
Part 7A, division 1, heading Part 1 Preliminary
Part 7A, division 2, heading Part 2 Notifiable road uses
Part 7A, division 3, heading Part 3 Compensation for notifiable road uses
Clause 303 Omission of pt 8, hdg (Relationship with Sustainable 4
Planning Act 2009) 5
Part 8, heading-- 6
omit. 7
Clause 304 Relocation and renumbering of s 319 (Effect on 8
development) 9
Section 319-- 10
relocate to chapter 1, part 3, as inserted by this Act, and 11
renumber as section 4A. 12
Clause 305 Relocation, renumbering and amendment of s 319A 13
(Effect on planning schemes) 14
(1) Section 319A, heading, `Effect on planning schemes'-- 15
omit, insert-- 16
`Notice to local government and chief executive (planning) 17
of particular mining tenements'. 18
(2) Section 319A-- 19
relocate to chapter 1, part 3, as inserted by this Act, and 20
renumber as section 4B. 21
Page 290
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 4 Amendments for the restructure of the Mineral Resources Act 1989
Part 1 Amendment of Mineral Resources Act 1989
[s 306]
Clause 306 Replacement of particular headings in pt 9 1
(1) This section amends particular headings in part 9 to convert 2
the part into a chapter and divisions into parts. 3
(2) Part 9 is amended by omitting each heading mentioned in 4
column 1 and inserting each heading mentioned in column 5
2-- 6
Column 1 Column 2
Heading omitted Heading inserted
Part 9, heading Chapter 11 Royalties
Part 9, division 1, heading Part 1 Payment of royalty
Part 9, division 2, heading Part 2 Records and information
Part 9, division 3, heading Part 3 Reassessment and enforcement
Part 9, division 4, heading Part 4 Confidentiality
Clause 307 Insertion of new ch 12, hdg and ch 12, pts 4 and 5, hdgs 7
After section 334D-- 8
insert-- 9
`Chapter 12 Provisions about particular 10
areas, matters or mining 11
tenements 12
`Part 4 Cherwell Creek provisions 13
`Part 5 Other provisions'. 14
Page 291
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 4 Amendments for the restructure of the Mineral Resources Act 1989
Part 1 Amendment of Mineral Resources Act 1989
[s 308]
Clause 308 Replacement of particular headings in pt 10 1
(1) This section amends particular headings in part 10 to convert 2
the part into a chapter, divisions into parts, and subdivisions 3
into divisions. 4
(2) Part 10 is amended by omitting each heading mentioned in 5
column 1 and inserting each heading mentioned in column 6
2-- 7
Column 1 Column 2
Heading omitted Heading inserted
Part 10, heading Chapter 13 Administration and judicial
functions
Part 10, division 1A, heading Part 1 Directions to remedy contravention
Part 10, division 1B, heading Part 2 Conferences with eligible claimants or
owners and occupiers
Part 10, division 1B, subdivision 1, heading Division 1 Preliminary
Part 10, division 1B, subdivision 2, heading Division 2 Calling conference and
attendance
Part 10, division 1B, subdivision 3, heading Division 3 Conduct of conference
Part 10, division 1, heading Part 3 Mining registrars and other officers
Part 10, division 2AAA, heading, (as Part 4 Chief executive
inserted by this Act)
Part 10, division 2AA, heading Part 5 Access to abandoned mines
Part 10, division 2, heading Part 6 The Land Court
Clause 309 Relocation and renumbering of pt 10AA (Collingwood 8
Park State guarantee) 9
(1) Part 10AA-- 10
relocate to chapter 12, as inserted by this Act, and renumber 11
as part 2 of that chapter. 12
(2) Sections 381A to 381E-- 13
Page 292
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 4 Amendments for the restructure of the Mineral Resources Act 1989
Part 1 Amendment of Mineral Resources Act 1989
[s 310]
renumber as sections 334Q to 334U. 1
Note-- 2
Schedule 3 amends provisions relocated and renumbered by this section 3
and, under section 282(2), those amendments take effect before the 4
relocation and renumbering by this section. 5
Clause 310 Relocation and renumbering of pt 10A (Wild river areas) 6
(1) Part 10A-- 7
relocate to chapter 12, as inserted by this Act, and renumber 8
as part 3 of that chapter. 9
(2) Sections 382 to 386A-- 10
renumber as sections 334V to 334ZA. 11
Note-- 12
Schedule 3 amends provisions relocated and renumbered by this section 13
and, under section 282(2), those amendments take effect before the 14
relocation and renumbering by this section. 15
Clause 311 Replacement of pt 11, hdg (General) 16
Part 11, heading-- 17
omit, insert-- 18
`Chapter 14 Miscellaneous provisions'. 19
Clause 312 Relocation of s 418 (References to repealed Acts) 20
Section 418-- 21
relocate to chapter 15, part 1, as inserted by this Act, and 22
renumber as section 723AA. 23
Clause 313 Relocation and renumbering of ss 418A-418D 24
Sections 418A to 418D-- 25
Page 293
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 4 Amendments for the restructure of the Mineral Resources Act 1989
Part 1 Amendment of Mineral Resources Act 1989
[s 314]
relocate to chapter 12, part 5, as inserted by this Act, and 1
renumber as sections 334ZK to 334ZO. 2
Note-- 3
Schedule 3 amends provisions relocated and renumbered by this section 4
and, under section 282(2), those amendments take effect before the 5
relocation and renumbering by this section. 6
Clause 314 Relocation of pts 12-18 7
Parts 12 to 18-- 8
relocate to schedule 1A, as inserted by this Act, and renumber 9
as parts 1 to 7 of that schedule. 10
Clause 315 Omission of pt 18A, hdg (Provisions about particular 11
mining easements) 12
Part 18A, heading-- 13
omit. 14
Clause 316 Relocation and renumbering of ss 722A-722G 15
Sections 722A to 722G-- 16
relocate to chapter 12, part 4, as inserted by this Act, and 17
renumber as sections 334ZB to 334ZJ. 18
Note-- 19
Schedule 3 amends provisions relocated and renumbered by this section 20
and, under section 282(2), those amendments take effect before the 21
relocation and renumbering by this section. 22
Clause 317 Replacement of pt 19, hdg (Transitional provisions) 23
Part 19, heading-- 24
omit, insert-- 25
Page 294
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 4 Amendments for the restructure of the Mineral Resources Act 1989
Part 1 Amendment of Mineral Resources Act 1989
[s 318]
`Chapter 15 Transitional provisions 1
`Part 1 General transitional provision 2
`Part 2 Transitional provisions before 3
Mines Legislation 4
(Streamlining) Amendment Act 5
2012 6
Note-- 7
This Act, including this chapter, was amended by the Mines Legislation 8
(Streamlining) Amendment Act 2012, chapter 4 to convert parts into 9
chapters, divisions into parts and subdivisions into divisions and to 10
relocate and renumber particular provisions. Cross-references to 11
provisions of this Act appearing in this part have not been updated and 12
remain as they were immediately before the conversion, relocation and 13
renumbering.'. 14
Clause 318 Replacement of pt 19, div 16, hdg (Transitional provisions 15
for Mines Legislation (Streamlining) Amendment Act 16
2012--amendments commencing on assent) 17
Part 19, division 16, heading, as inserted by this Act-- 18
omit, insert-- 19
`Part 3 Transitional provisions for 20
Mines Legislation 21
(Streamlining) Amendment Act 22
2012--amendments 23
commencing on assent'. 24
Page 295
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 4 Amendments for the restructure of the Mineral Resources Act 1989
Part 1 Amendment of Mineral Resources Act 1989
[s 319]
Clause 319 Replacement of pt 19, div 17, hdg (Transitional provisions 1
for Mines Legislation (Streamlining) Amendment Act 2
2012--amendments commencing by proclamation) 3
Part 19, division 17, heading, as inserted by this Act-- 4
omit, insert-- 5
`Part 4 Transitional provisions for 6
Mines Legislation 7
(Streamlining) Amendment Act 8
2012--amendments 9
commencing by proclamation'. 10
Clause 320 Replacement of particular headings in pt 19, div 17 11
(1) This section amends particular headings in part 19, division 12
17, as inserted by this Act, to convert the subdivisions into 13
divisions. 14
(2) Part 19, division 17, as inserted by this Act, is amended by 15
omitting each heading mentioned in column 1 and inserting 16
each heading mentioned in column 2-- 17
Column 1 Column 2
Heading omitted Heading inserted
Part 19, division 17, subdivision 1, heading Division 1 Preliminary
(as inserted by this Act)
Part 19, division 17, subdivision 2, heading Division 2 Provisions relating to exploration
(as inserted by this Act) permits
Part 19, division 17, subdivision 3, heading Division 3 Provisions relating to mining
(as inserted by this Act) claims
Part 19, division 17, subdivision 4, heading Division 4 Provisions relating to mining
(as inserted by this Act) leases
Page 296
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 4 Amendments for the restructure of the Mineral Resources Act 1989
Part 1 Amendment of Mineral Resources Act 1989
[s 321]
Column 1 Column 2
Part 19, division 17, subdivision 5, heading Division 5 Provisions common to mining
(as inserted by this Act) tenements
Part 19, division 17, subdivision 6, heading Division 6 Other provisions
(as inserted by this Act)
Clause 321 Insertion of new s 804 1
After section 803, as inserted by this Act-- 2
insert-- 3
`804 Relocation and renumbering of provisions 4
`(1) If a provision of this Act (a relocated or renumbered 5
provision) is relocated or renumbered by chapter 4 of the 6
amending Act-- 7
(a) the relocation or renumbering does not affect the 8
operation or meaning of the relocated or renumbered 9
provision; and 10
(b) unless a contrary intention appears in this Act, the 11
relocated or renumbered provision is to be interpreted as 12
if it had not been so relocated or renumbered. 13
`(2) If a reference in a provision of this Act (the amended 14
provision) to a relocated or renumbered provision is amended 15
by chapter 4 of the amending Act to reflect the new 16
numbering of the relocated or renumbered provision-- 17
(a) the amendment of the amended provision does not affect 18
the operation or meaning of the relocated or renumbered 19
provision or the amended provision; and 20
(b) unless a contrary intention appears in this Act, the 21
relocated or renumbered provision and the amended 22
provision are to be interpreted as if-- 23
(i) the relocated or renumbered provision had not 24
been so relocated or renumbered; and 25
(ii) the amended provision had not been so amended. 26
Page 297
Mines Legislation (Streamlining) Amendment Bill 2012
Chapter 4 Amendments for the restructure of the Mineral Resources Act 1989
Part 2 Amendment of other Acts
[s 322]
`(3) Subsections (1) and (2) apply whether or not the relocated or 1
renumbered provision, or the amended provision, is otherwise 2
amended by the amending Act, but has effect subject to any 3
amendment.'. 4
Clause 322 Insertion of new sch 1A 5
After schedule 1-- 6
insert-- 7
`Schedule 1A Native title provisions'. 8
Part 2 Amendment of other Acts 9
Clause 323 Acts amended 10
Schedule 3 amends the Acts it mentions. 11
Page 298
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 1
Schedule 1 Minor amendments 1
commencing on assent 2
section 125 3
Geothermal Energy Act 2010 4
1 Section 191(d), `that'-- 5
omit, insert-- 6
`that,'. 7
2 Section 205(2)(b)(i), `(6)'-- 8
omit, insert-- 9
`(5)'. 10
3 Section 254(4), `kind'-- 11
omit, insert-- 12
`kind,'. 13
4 Section 357(1)(b)(iii), `330; and'-- 14
omit, insert-- 15
`330;'. 16
5 Section 398(2)(d), `schedule 3'-- 17
omit, insert-- 18
`schedule 2'. 19
Page 299
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 1
6 Schedule 2, definition owner, item 1, paragraph (j), `Local 1
Government (Aboriginal Lands) Act 1978'-- 2
omit, insert-- 3
`Aurukun and Mornington Shire Leases Act 1978'. 4
7 Schedule 2, definition pipeline licence-- 5
omit. 6
Greenhouse Gas Storage Act 2009 7
1 Section 5(1), `State'-- 8
omit, insert-- 9
`State,'. 10
2 Section 8(a), `chapter 4, part 5'-- 11
omit, insert-- 12
`chapter 5, parts 2 to 8'. 13
3 Sections 29, 109 and 238, note 1, `division 4'-- 14
omit, insert-- 15
`division 2'. 16
4 Sections 29, 109 and 238, note 2, `owner's'-- 17
omit, insert-- 18
`owners''. 19
5 Section 114(c)(i), after `out;'-- 20
insert-- 21
Page 300
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 1
`and'. 1
6 Section 164(b), note, `if is'-- 2
omit, insert-- 3
`if it is'. 4
7 Section 201-- 5
omit, insert-- 6
`201 Resource management decision 7
The Minister must make a decision (the resource 8
management decision) about whether-- 9
(a) to grant the GHG lease application; or 10
(b) to give any overlapping authority priority for all or part 11
of the relevant land; or 12
(c) not to grant the GHG lease application and not to give 13
any overlapping authority priority for any of the relevant 14
land.'. 15
8 Section 218(2), `Subsection (2)'-- 16
omit, insert-- 17
`Subsection (1)'. 18
9 Section 302(1), note and editor's note-- 19
omit, insert-- 20
`Note-- 21
For the condition that compensation be addressed before carrying out a 22
notifiable road use, see section 325K.'. 23
10 Section 326(2), note 1, `or licence'-- 24
omit. 25
Page 301
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 1
11 Section 337(1), `carry out of'-- 1
omit, insert-- 2
`carry out'. 3
12 Section 380(1)(b), `or 4'-- 4
omit. 5
13 Section 381(4)-- 6
renumber as section 381(3). 7
14 Section 393(2), `namely,'-- 8
omit, insert-- 9
`, namely,'. 10
Mineral Resources Act 1989--amendments relating to 11
area of mining tenement 12
1 Particular references relating to area of mining 13
tenement-- 14
Each heading or provision mentioned in column 1 is amended 15
by omitting the words mentioned in column 2 and inserting 16
the words mentioned in column 3 -- 17
Column 1 Column 2 Column 3
Heading or provision Words omitted Words inserted
section 4(1)(a) covered by in the area of
section 6A(4)(b) on a mining lease in the area of a mining lease
section 6C(1) land subject to area of
section 16(1)(a) a mining claim it is in the area of a mining
claim
Page 302
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 1
Column 1 Column 2 Column 3
Heading or provision Words omitted Words inserted
section 16(1)(b) an application it is covered by an application
section 16(3) covered by in the area of or covered by
section 16(4)(b) covered by in the area of
section 26(9)(a) covered by in the area of
section 26(9)(b) covered by in the area of
section 28(2) upon the land the subject in the area
section 30(1) to which the prospecting in the area of the prospecting
permit applies permit
section 30(2) to which the prospecting in the area of the prospecting
permit applies permit
section 32(1) covered by in the area of
section 48, heading subject to in area of
section 48(1) comprised in in the area of
section 50(1)(a) land comprised in area of
section 50(1)(b)(i) land area
section 50(2) land comprised in area of
section 50(3) land area
section 51(1) covered in the area of or covered
section 53(4) land the subject area
section 53(5) land the subject area
section 61(1)(f) boundary of boundary of the land the
subject of
section 61(1)(f) over which the mining claim applied for
is sought
section 61(1)(j)(iv) on the mining claim on the land applied for
section 62(b) boundaries of boundaries of the land the
subject of
section 81(1)(a) land comprised in area of
Page 303
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 1
Column 1 Column 2 Column 3
Heading or provision Words omitted Words inserted
section 81(1)(d) land comprised in area of
section 81(1)(f) on the land comprising in the area of
section 81(1)(g) land comprised in area of
section 81(1)(h) land the subject of the area of
section 81(1)(k)(iii) land comprised in area of
section 81(1)(l) land the subject of area of
section 81(1)(l) land has area has
section 90 land the subject of area of
section 90 land is area is
section 93(2)(a) land the subject of area of
section 93(8) covered by in the area of
section 103(1)(a) and area of the land of the area of
comprised in
section 105(1) land the subject of area of
section 107(7) land comprised in area of
section 107(8) land comprised in area of
section 108(1) to which the application applied for in the application
relates
section 109(1)(b) land the subject of area of
section 110, heading on mining claim land in mining claim area
section 110(1) mining claims situated mining claim areas
section 111, heading on mining claim land in mining claim area
section 111 land the subject of any mining the area of any mining claim
claim within that area within that part
section 112(1) land the subject of the area of
section 113 land the subject of the area of
section 121(2) land area
Page 304
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 1
Column 1 Column 2 Column 3
Heading or provision Words omitted Words inserted
section 121(3) mark the land mark the area
section 121(5) land area
section 123(1) land covered by the area of
section 125, heading land area
section 125(1) land the subject of area of
section 125(2)(a) land the subject of area of
section 129(1)(a)(i) land comprised in area of
section 129(1)(a)(ii) land comprised in area of
section 129(2) land the subject of the area of
section 129(16) land to which the permit area of the permit
applies
section 132, heading exploration area of exploration
section 139, heading land covered by area of
section 139(3) land in respect of which a a particular exploration
particular exploration permit
permit applies
section 139(4) land is to be reduced in an exploration permit is to be
respect of an exploration reduced
permit
section 139(8) covered by of
section 140, heading land covered by area of
section 140(1)(a) land to which the permit the permit
applies
section 141(1)(c) land comprised in area of
section 141(1)(d) land the subject of the area of
section 148(1) land to which the exploration part of the area of the
permit applies exploration permit
section 148(2) land to which the exploration part of the area of the
permit applies exploration permit
Page 305
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 1
Column 1 Column 2 Column 3
Heading or provision Words omitted Words inserted
section 161(4) land to which the area of the exploration permit
firstmentioned exploration to be surrendered
permit applies
section 162(1) to which the permit applies of the permit
section 166(1)(b) land the subject of the area of the terminated permit
terminated permit
section 177, heading land under area of
section 179 comprised in in the area of
section 181(3)(a) land comprised in the area of
section 181(4)(a)(ii) land comprised in area of
section 181(4)(b)(i) land comprised in area of
section 181(4)(b)(ii) land comprised in area of
section 181(4)(c) (or part thereof) to which the in the area of the mineral
mineral development licence development licence
applies
section 181(5) land part of the area of the licence
section 181(6) land area
section 181(7) land that is a reserve land in the area of a mineral
development licence that is a
reserve
section 181(7) land the subject of the area of
section 181(13) land that is a reserve land in the area of a mineral
development licence that is a
reserve
section 181(15) land that is a reserve land in the area of a mineral
development licence that is a
reserve
section 181(17) land that is a reserve land in the area of a mineral
development licence that is a
reserve
section 181(19) land comprised in area of
Page 306
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 1
Column 1 Column 2 Column 3
Heading or provision Words omitted Words inserted
section 181(21) land area
section 182, heading from from area of
section 182(2) boundaries of the boundaries of the land
applied for in the
section 182(3)(a) covered by in the area of
section 182(3)(b)(ii) covered by in the area of
section 182(4) boundaries of boundaries of the area of
section 182(4) included in included in the area of
section 183(1)(d) the subject of applied for in
section 183(1)(i) boundary of boundary of the land the
subject of
section 184(b) boundaries of boundaries of the land
applied for under
section 184(c) over which the mineral applied for under the mineral
development licence is sought development licence must
shall
section 184(d) mining lease or mining lease or earlier
section 184(d) sought sought in the current
application
section 184(d) the subject of the applied for in the current
section 187 subject to in the area of
section 189(1) land area
section 190(7) comprised in in the area of
section 190(8)(a) the subject of in the area of
section 194(1)(c) land comprised in area of
section 194(1)(d) land the subject of the area of
section 206(a) and area of the land and size of the area of
comprised in
Page 307
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 1
Column 1 Column 2 Column 3
Heading or provision Words omitted Words inserted
section 210(1) land comprised therein area of the mineral
development licence
section 210(3) land comprised therein area of the mineral
development licence
section 210(3)(b) land comprised in area of
section 210(3)(b)(i) land area
section 210(3)(b)(ii) land area
section 210(4) land comprised in area of
section 210(8) land comprised in area of
section 210(8) land retained area retained
section 214(1)(b) land the subject of area of
section 215(1) lease in respect of any land to lease for any part of the area
which the licence applies of the licence
section 215(1) had in respect of the land had for the part of the area
section 215(1) part in respect of the land part for the part of the area
section 215(2) lease in respect of any land to lease for any part of the area
which a mineral development of a mineral development
licence applies licence
section 225(1) land comprised in the licence part of the area of the licence
section 226A, heading land under area of
section 226A(1)(a) land area
section 228(2) land covered by area of
section 228(3) land covered by area of
section 231, heading land area
section 231(1) land the subject of area of
section 231(2)(a) land the subject of area of
section 231C(1)(c) of the licence of the land applied for
section 231G(1)(c) land comprised in area of
Page 308
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 1
Column 1 Column 2 Column 3
Heading or provision Words omitted Words inserted
section 231G(1)(d) land the subject of the area of
section 232(1) comprised in in the area or areas of
section 232(3) comprised in in the area or areas of
section 235(1)(a)(i) land comprised in area of
section 236(1) land comprised in area of
section 242, heading land area
section 245(1)(d) the subject of applied for in
section 246(b) boundaries of boundaries of the land
applied for in the application
for
section 246(c) referred to applied for
section 246(d) boundaries of the mining boundaries of the land
lease applied for applied for in the application
for the mining lease
section 246(e) mining lease or mining lease or earlier
section 246(e) sought sought in the current
application
section 246(e) the subject of the applied for in the current
section 248(2) over land covered by for the area of, or land within
the area of,
section 249(1)(b) over, or in the area of, land for any land applied for in
covered by
section 249(2) covered by applied for in
section 249(4)(b)(i) covered by applied for in
section 250(2) covered by in the area of
section 250(3) land area or land
section 274 land the subject area
section 274 land is not area is not
section 275, heading land in area of
Page 309
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 1
Column 1 Column 2 Column 3
Heading or provision Words omitted Words inserted
section 275(1) portion part
section 275(1) land to which that mining area of that mining lease
lease relates
section 275(1) area of surface of that land part of the surface of that area
section 276(1)(a) land comprised in area of
section 276(1)(c) land comprised in area of
section 276(1)(d) land the subject of the area of
section 276(1)(i) land the subject area
section 276(1)(i) land has area has
section 276(1)(k)(iii) land comprised in area of
section 286A(1)(b) land the subject of area of
section 286A(1)(d) land comprised in area of
section 288(1) covered by in the area of
section 295(1)(a) (as inserted area size of the area
by this Act)
section 295(7) land comprised in area of
section 295(10) land comprised in area of
section 295(11) area of the land comprised in size of the area of
section 295(11) area of land that has ceased to land that has ceased to be part
be part of the land comprised of the area of
in
section 295(12) area size
section 295(12) land comprised in area of
section 295(13) areas of land comprised in parts of land
mining leases
section 295(13)(b) area of land that has ceased to part of land that has ceased to
be part of the land comprised be part of the area of
in
section 295(15) land comprised in area of
Page 310
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 1
Column 1 Column 2 Column 3
Heading or provision Words omitted Words inserted
section 295(16) part of a mining lease part of the area of a mining
lease
section 295(17) comprised in the mining leasea part of the area of the
mining lease
section 299(1) land areas
section 299(1) area of the mining leases is combined areas of the mining
leases are
section 299(3) land is areas are
section 299(3) land to be adjoining land areas to be adjoining areas
section 307(1) to which the application applied for
relates
section 307(4) to which the application applied for
relates
section 309(1) land comprised therein area of the mining lease
section 309(2) land comprised therein area of the mining lease
section 309(2)(b) all the land comprised in the whole of the area of
section 309(5) land comprised in area of
section 309(7) land the subject of area of
section 309(7)(a) land not part of the area not
section 309(13) land comprised in area of
section 312(2) land covered by area of
section 316(1) particular land a particular area
section 316(1)(a) not covered by that is not in the area of
section 316(2)(b) not covered by that is not in the area of
section 316(4) covered by in the area of
section 317, heading land area
section 317(1) land the subject of area of
section 318(1)(b) land the subject of area of
Page 311
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 1
Column 1 Column 2 Column 3
Heading or provision Words omitted Words inserted
section 318AAD(c) of the lease of the land applied for
section 318AAH(1)(a) land comprised in area of
section 318AAH(1)(c) land comprised in area of
section 318AAH(1)(d) land the subject of the area of
section 318AAH(1)(k)(iii) land comprised in area of
section 318CZ, heading authority area of authority
section 318ELAA(1)(c) land the subject the area
section 318ELBK(1)(b) land the subject of land applied for in
section 319A(2) land covered by area of
section 319A(4)(a) land covered by area of
section 319A(4)(b) on the land in the area
section 319A(4)(c)(i) land covered by area of
section 320(1) land the subject of the area of
section 320(4) land the subject of the area of
section 386(2) mining tenement land mining tenement area
section 386(4)(a) mining tenement land mining tenement area
section 386A(1) land to which the mining area of the mining tenement
tenement applies (the mining
tenement land)
section 386A(1)(b) mining tenement land mining tenement area
section 386A(1)(c) land area
section 386A(3)(a) land area
section 394(1) the subject of in the area of
section 394(2) the subject of in the area of
section 401A(4), definition covered by in the area of
relevant matter, paragraph (b)
Page 312
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 1
Column 1 Column 2 Column 3
Heading or provision Words omitted Words inserted
section 401A(4), definition subject to in the area of
relevant matter, paragraph
(c)(ii)
section 401A(4), definition subject to in the area of
relevant matter, paragraph
(d)(ii)
section 404A(1) land to which a mining claim area of a mining claim or
or mining lease relates mining lease
section 404B(1)(a) land part of the area
section 404B(1)(d) land part of the area
section 407(1) land the subject thereof or any area of the permit, licence or
part thereof lease, or any part of the area,
section 407(2) land area, or the part of the area,
section 408(1) land the subject thereof the area of the permit, licence
or lease, or any part of the
area,
section 417(2)(b) areas of land areas
section 417(2)(c) land the subject of the area of
section 417(2)(j) the subject of in the area of
section 418A(3) land comprised in area of
section 431(1)(a) land area
section 465(6) land the subject of area of
section 481(a) land that is an area that is
section 481(b) land the subject of area of
section 525(2) land the subject of area of
section 525(6) land the subject of area of
section 537(a) land that is an area that is
section 537(b) land the subject of area of
section 542(3)(c) land area
Page 313
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 1
Column 1 Column 2 Column 3
Heading or provision Words omitted Words inserted
section 542(3)(d) land area
section 582(2) land the subject of area of
section 582(6) land the subject of area of
section 596(3), definition land the subject of area of
relevant agreement
section 689(6) land the subject of area of
section 696, definition included in included in the area of
approval, paragraph (b)
section 699(1) included in included in the area of
section 707(6) land area
section 712(2) land area
section 714(1) land area
section 715(1) land area
section 716(1)(b) land area
section 719(1) land area
section 719(2) land area
section 720(4) land area
section 721(3) land area
section 722D, heading covered by in the area of
section 722E, heading covered by in the area of
section 722E(7), definition comprised in in the area of
prescribed land, paragraph
(a)
section 722E(7), definition comprised in in the area of
prescribed land, paragraph
(b)(ii)
section 722EA(1) covered by in the area of
Page 314
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 1
2 Section 16(1), `it is covered by'-- 1
omit. 2
3 Section 48(2)-- 3
omit, insert-- 4
`(2) The area of the mining claim must include the whole of the 5
surface of the land within the boundaries of the area of the 6
mining claim.'. 7
4 Section 50(1)(b)(iii), from `using'-- 8
omit, insert-- 9
`using the area of the mining claim for a purpose for which it 10
was granted) not being of a permanent nature on that area;'. 11
5 Section 132(2), from `boundaries' to `granted'-- 12
omit, insert-- 13
`boundaries of the area of an exploration permit that land shall 14
become part of the area of the exploration permit'. 15
6 Section 139(5), from `reduction of' to `land is'-- 16
omit, insert-- 17
`reduction of the area of the exploration permit and the 18
reduction complies with subsection (1), then on and from the 19
date when the area is'. 20
7 Section 177, from `same land' to `applies'-- 21
omit, insert-- 22
`same area for the same mineral (whether or not at the 23
direction of the Minister) or by an eligible person with the 24
consent of the holder, the area of the exploration permit'. 25
Page 315
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 1
8 Section 182(1)(b)-- 1
omit, insert-- 2
`(b) all or some of the land applied for in the accepted 3
application is-- 4
(i) in the area of an existing mining claim or mining 5
lease; or 6
(ii) land applied for in an earlier application for a 7
mining claim or mining lease.'. 8
9 Section 182(2), from `land covered'-- 9
omit, insert-- 10
`area of a mineral development licence granted for the land 11
applied for in the accepted application.'. 12
10 Section 210(3)(b)(iii), from `specified' to `that land--'-- 13
omit, insert-- 14
`in the area of the mineral development licence is required as 15
access from a point outside the boundary of the area to be 16
retained to any part on the surface of that area--'. 17
11 Section 210(13), from `land comprised therein' to 18
`comprised in'-- 19
omit, insert-- 20
`area of the mineral development licence, the holder applies 21
for a new mineral development licence for the whole or part of 22
the area of'. 23
12 Section 225(4), from `, the land comprised'-- 24
omit, insert-- 25
`land in the area of the mineral development licence does not 26
become part of the area of any current exploration permit.'. 27
Page 316
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 1
13 Section 226A(2)-- 1
omit, insert-- 2
`(2) The area of the licence must be reduced by omitting the area 3
of the mining lease.'. 4
14 Section 245(1)(h), from `boundary' to `sought'-- 5
omit, insert-- 6
`boundary of the land applied for in the application acceptable 7
to the mining registrar to land applied for in the application'. 8
15 Section 295(13)(a), `land comprised in'-- 9
omit. 10
16 Section 309(12), from `land comprised therein' to 11
`comprised in'-- 12
omit, insert-- 13
`area of the mining lease, the holder applies for a new mining 14
claim or mining lease for the whole or part of the area of'. 15
17 Section 318AAH(1)(i), from `land,' to `land has'-- 16
omit, insert-- 17
`area of the lease, including any survey pegs, but that 18
boundary posts or cairns need not be maintained after the area 19
has'. 20
18 Section 383(1), from `over land' to `applies'-- 21
omit, insert-- 22
`over an area that includes a wild river area, the following 23
parts of the wild river area are excluded from the area of the 24
mining tenement'. 25
Page 317
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 1
19 Section 384(1), from `over land' to `applies'-- 1
omit, insert-- 2
`over an area that, at the time of the renewal, includes a wild 3
river area, the following parts of the wild river area are 4
excluded from the area of the renewed mining tenement'. 5
20 Section 386(1)(b)-- 6
omit, insert-- 7
`(b) at the time the mining tenement was granted or renewed, 8
a part of the mining tenement area was excluded under 9
section 383 or 384.'. 10
21 Schedule 2, definition area, `, of a coal or oil shale mining 11
tenement, petroleum tenure or GHG authority'-- 12
omit. 13
22 Schedule 2, definition area-- 14
insert-- 15
`5 The area, of an application for the grant of a mining 16
tenement, a petroleum tenure, a GHG authority or a 17
geothermal tenure, is the land the subject of the 18
application.'. 19
23 Schedule 2, definition mining registrar, paragraph (b)-- 20
omit, insert-- 21
`(b) for land or an area, or a mining tenement over an 22
area--the mining registrar for the mining district in 23
which the land or area is situated.'. 24
24 Schedule 2, definition relevant land, `the subject of'-- 25
omit, insert-- 26
`applied for in'. 27
Page 318
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 1
Mineral Resources Act 1989--other amendments 1
1 Section 3A(1), editor's notes-- 2
omit, insert-- 3
`Note-- 4
For the relationship between this Act and the Petroleum and Gas 5
(Production and Safety) Act-- 6
(a) in relation to coal or oil shale mining tenements, see part 7AA; or 7
(b) otherwise, see the Petroleum and Gas (Production and Safety) Act, 8
section 6 (Relationship with Mineral Resources Act).'. 9
2 Section 4(4), `successor tenement'-- 10
omit, insert-- 11
`successor mining tenement'. 12
3 Section 6(2)(c), editor's notes-- 13
omit, insert-- 14
`Notes-- 15
1 For what is coal seam gas and incidental coal seam gas, see 16
section 318AC. 17
2 See also part 7AA, division 8, subdivision 1.'. 18
4 Section 6(2)(i), editor's note-- 19
omit, insert-- 20
`Note-- 21
For what is oil shale, see section 318AD.'. 22
5 Section 8(5), `paragraph'-- 23
omit, insert-- 24
`subsection'. 25
Page 319
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 1
6 Section 26(5), after `permit)'-- 1
insert-- 2
`,'. 3
7 Section 28(1), from `26' to `Land Court compensation'-- 4
omit, insert-- 5
`26, the Crown or an owner is entitled to recover, from time to 6
time in the Land Court, compensation'. 7
8 Section 38(2)(d), editor's note-- 8
omit, insert-- 9
`Note-- 10
For the provision of security, see section 26.'. 11
9 Section 38(2)(e), editor's note-- 12
omit, insert-- 13
`Note-- 14
For the penalty for a breach of a condition of a prospecting permit, see 15
section 35.'. 16
10 Section 50(1), after `a mining claim'-- 17
insert-- 18
`,'. 19
11 Section 50(1)(a), `may,'-- 20
omit, insert-- 21
`may'. 22
12 Section 51(2)(a), from `building' to `consents'-- 23
omit, insert-- 24
Page 320
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 1
`building or relevant feature is situated, consents'. 1
13 Section 56(1), from `shall' to `boundary'-- 2
omit, insert-- 3
`must mark out under section 57, the boundary' 4
14 Section 65(1)(a), after `registrar)'-- 5
insert-- 6
`,'. 7
15 Section 79(2), from `Governor' to `consent'-- 8
omit, insert-- 9
`Governor in Council may, upon the recommendation of the 10
Minister, consent'. 11
16 Section 81(1), after `subject to'-- 12
insert-- 13
`the following'. 14
17 Section 81(3), `be, determined'-- 15
omit, insert-- 16
`be determined'. 17
18 Section 81A(1)(a), `4,'-- 18
omit, insert-- 19
`4'. 20
19 Section 82(1), `subject, may'-- 21
omit, insert-- 22
Page 321
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 1
`subject may'. 1
20 Section 116(2)(b), editor's note-- 2
omit, insert-- 3
`Note-- 4
For the provision of security, see section 83.'. 5
21 Section 121(4)-- 6
omit, insert-- 7
`(4) On the termination of a mining claim, the ownership of all 8
mineral and property on the land in the area of the terminated 9
claim divests from the owner and vests in the State.'. 10
22 Section 122(5), editor's note-- 11
omit, insert-- 12
`Note-- 13
For the provision of security, see section 83.'. 14
23 Section 125(11), `this subsection'-- 15
omit, insert-- 16
`subsection (10)'. 17
24 Section 129(1)(a), `section 163'-- 18
omit, insert-- 19
`schedule 1'. 20
25 Section 138(3)(b), editor's note-- 21
omit, insert-- 22
`Note-- 23
Page 322
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 1
For when the term of a renewed permit starts, see section 1
147D.'. 2
26 Section 181(4)(b), `section 211'-- 3
omit, insert-- 4
`schedule 1'. 5
27 Section 188, `discretion whether'-- 6
omit, insert-- 7
`discretion, whether'. 8
28 Section 190(1), `183(1)(m)(i)(A) and (B)'-- 9
omit, insert-- 10
`183(1)(m)(i) and (ii)'. 11
29 Section 229(5)(b), editor's note-- 12
omit, insert-- 13
`Note-- 14
For the provision of security, see section 190.'. 15
30 Section 229-- 16
insert-- 17
`(9) In this section, plant has the meaning given in section 18
228(3).'. 19
31 Section 230(7)-- 20
insert-- 21
`plant has the meaning given in section 228(3).'. 22
Page 323
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 1
32 Section 231A(3), from `217' to `222,'-- 1
omit. 2
33 Section 234(2), editor's note-- 3
omit, insert-- 4
`Note-- 5
For the entitlement of a coal mining lease holder or an oil shale mining 6
lease holder to mine coal seam gas, see section 318CM.'. 7
34 Section 243, `part, may'-- 8
omit, insert-- 9
`part may,'. 10
35 Section 265(4)-- 11
omit, insert-- 12
`(4) The hearing date must be at least 20 business days after the 13
last objection day for the application.'. 14
36 Section 290A(1)-- 15
insert-- 16
`Editor's note-- 17
The repealed schedule to this Act was repealed by the Offshore Minerals 18
Act 1998, section 446 and schedule 4, section 4.'. 19
37 Section 298(1), editor's note-- 20
omit, insert-- 21
`Note-- 22
See also part 7AA, division 8, subdivision 1.'. 23
Page 324
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 1
38 Section 312(4)-- 1
omit, insert-- 2
`(4) On the termination of the mining lease, the ownership of all 3
mineral and property on the land in the area of the terminated 4
lease divests from the owner and vests in the State.'. 5
39 Section 313(5)(b), editor's note-- 6
omit, insert-- 7
`Note-- 8
For the provision of security, see section 277.'. 9
40 Section 318AAA(1)(c), before `the agreement'-- 10
insert-- 11
`if'. 12
41 Section 318AAA(3), from `254' to `259,'-- 13
omit. 14
42 Section 318A(a), editor's note-- 15
omit, insert-- 16
`Note-- 17
For the limited entitlement to mine coal seam gas under this Act, 18
see division 8, subdivision 1.'. 19
43 Section 318A(c), editor's note-- 20
omit, insert-- 21
`Note-- 22
See also part 19, division 6.'. 23
Page 325
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 1
44 Section 318A(f), editor's note-- 1
omit, insert-- 2
`Note-- 3
For provisions regulating the safety of coal seam gas exploration 4
or production, see the Coal Mining Safety and Health Act 1999 5
and the Petroleum and Gas (Production and Safety) Act, chapter 6
9.'. 7
45 Section 318AA(1)(a), editor's note-- 8
omit, insert-- 9
`Note-- 10
See, however, part 19, division 6.'. 11
46 Section 318AE(2)(b), editor's note-- 12
omit, insert-- 13
`Note-- 14
For specific provisions dealing with mining leases mentioned in 15
this paragraph, see subdivision 3.'. 16
47 Section 318AH(2), editor's note-- 17
omit, insert-- 18
`Note-- 19
See also sections 318DK and 318EE.'. 20
48 Sections 318AP(1)(b), 318BX(b) and 318CD(b), editor's 21
notes-- 22
omit, insert-- 23
`Note-- 24
For requirements for proposed initial development plans, see 25
division 9, subdivision 2.'. 26
Page 326
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 1
49 Sections 318AT(1)(b)(ii), 318AV, 318AX(3), 318C, 1
318CA(2), 318DB and 318DE(3), editor's notes-- 2
omit, insert-- 3
`Note-- 4
For confidentiality obligations of tenure holders or persons who 5
have applied for a tenure, see division 10.'. 6
50 Section 318AT(3), editor's note-- 7
omit, insert-- 8
`Note-- 9
See the Petroleum and Gas (Production and Safety) Act, chapter 2, part 10
1, division 6 (Potential commercial areas).'. 11
51 Section 318AY(2), editor's notes-- 12
omit, insert-- 13
`Note-- 14
See, however, the Petroleum and Gas (Production and Safety) Act, 15
chapter 3, part 2, division 3 (Petroleum lease applications in response to 16
Mineral Resources Act preference decision) and section 315 (Earlier 17
coal or oil shale mining lease application).'. 18
52 Section 318B(1)(a), editor's note-- 19
omit, insert-- 20
`Note-- 21
See the State Development and Public Works Organisation Act 22
1971, section 26 (Declaration of significant project).'. 23
53 Section 318BA(4), definition relevant codes, paragraph 24
(a)(i) and editor's note-- 25
omit, insert-- 26
`(i) the document called `Petroleum Resources 27
Classification System and Definitions';'. 28
Page 327
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 1
54 Section 318BH(2), editor's note-- 1
omit, insert-- 2
`Note-- 3
See, however, Petroleum and Gas (Production and Safety) Act, chapter 4
3, part 2, division 3 (Petroleum lease applications in response to Mineral 5
Resources Act preference decision).'. 6
55 Section 318BI(3), editor's note-- 7
omit, insert-- 8
`Note-- 9
See, however, the Petroleum and Gas (Production and Safety) Act, 10
chapter 3, part 2, division 3 (Petroleum lease applications in response to 11
Mineral Resources Act preference decision).'. 12
56 Section 318BI(4), editor's note-- 13
omit, insert-- 14
`Note-- 15
See, however, section 318CB.'. 16
57 Section 318BM(1), editor's note-- 17
omit, insert-- 18
`Note-- 19
See, however, section 318CZ.'. 20
58 Section 318BM(2), editor's note-- 21
omit, insert-- 22
`Note-- 23
See also section 318CX.'. 24
59 Section 318BV(1)(b), editor's note-- 25
omit, insert-- 26
Page 328
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 1
`Note-- 1
For a coal or oil shale mining lease application not made within 2
the 6 months, see the Petroleum and Gas (Production and 3
Safety) Act, section 326 (No mining lease application).'. 4
60 Section 318CA(1), editor's note-- 5
omit, insert-- 6
`Note-- 7
For the extent to which coal seam gas production is permitted 8
under the coal or oil shale mining lease, see division 8, 9
subdivision 1.'. 10
61 Sections 318CL(1) and 318DR, editor's notes-- 11
omit, insert-- 12
`Note-- 13
See, however, part 19, division 6.'. 14
62 Section 318CN(1)(b), editor's note-- 15
omit, insert-- 16
`Note-- 17
See also the exemptions in the Petroleum and Gas (Production 18
and Safety) Act, sections 800(2)(a) and (b) (Restriction on 19
petroleum tenure activities) and 802 (Restriction on pipeline 20
construction or operation).'. 21
63 Section 318CN(2), `holder, can'-- 22
omit, insert-- 23
`holder can'. 24
64 Section 318CN(2), note 2, `part 3'-- 25
omit, insert-- 26
`part 5'. 27
Page 329
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 1
65 Section 318CO(6)-- 1
omit, insert-- 2
`(6) Flaring or venting is authorised only if-- 3
(a) the mining lease holder has given the petroleum lease 4
holder written notice that the gas is available to the 5
petroleum lease holder; and 6
(b) the petroleum lease holder has either not responded or 7
has refused to accept the gas within 20 business days 8
after receiving the notice.'. 9
66 Section 318CO(7), definition greenhouse abatement 10
scheme, paragraph (a), editor's note-- 11
omit, insert-- 12
`Note-- 13
See, in particular, the Greenhouse Gas Benchmark Rule 14
(Generation) No. 2 of 2003, paragraph 10.1, made under the 15
Electricity Supply Act 1995 (NSW), section 97K.'. 16
67 Section 318CP, editor's note-- 17
omit, insert-- 18
`Note-- 19
See also the Petroleum Act 1923, section 52A (Application of 2004 Act 20
provisions about coextensive natural underground reservoirs).'. 21
68 Section 318CQ, editor's note-- 22
omit, insert-- 23
`Note-- 24
For the making of coordination arrangements, see the Petroleum and 25
Gas (Production and Safety) Act, chapter 2, part 8.'. 26
69 Section 318CS(2)(d), `115(3)(c)'-- 27
omit, insert-- 28
Page 330
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 1
`318CR(3)'. 1
70 Section 318CU(1)(c)(i), editor's note-- 2
omit, insert-- 3
`Note-- 4
See the Petroleum and Gas (Production and Safety) Act, 5
section 631 (What is a meter) and chapter 8, part 2 6
(Measurement schemes).'. 7
71 Section 318CV(1)(a)(v)(D), `; and'-- 8
omit, insert-- 9
`;'. 10
72 Section 318DI(1), editor's note-- 11
omit, insert-- 12
`Note-- 13
For particular requirements for an application to renew a mining lease, 14
see section 286.'. 15
73 Section 318DK(1)(b), editor's note-- 16
omit, insert-- 17
`Note-- 18
For when the decision takes effect, see section 318EH, as 19
applied under section 318DJ.'. 20
74 Section 318DM(3), editor's note-- 21
omit, insert-- 22
`Note-- 23
For requirements for proposed initial development plans, see division 9, 24
subdivision 2.'. 25
Page 331
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 1
75 Section 318DO(2), editor's note-- 1
omit, insert-- 2
`Note-- 3
For matters about coordination arrangements, see the Petroleum and 4
Gas (Production and Safety) Act, chapter 2, part 8.'. 5
76 Section 318DS, editor's note-- 6
omit, insert-- 7
`Note-- 8
For additional requirements for proposed later development plans, see 9
section 318ED.'. 10
77 Section 318EB(2)(b)-- 11
omit, insert-- 12
`(b) complies with the later development plan requirements; 13
and'. 14
78 Section 318ED(1)(a), editor's note-- 15
omit, insert-- 16
`Note-- 17
For requirements for proposed initial development plans, see 18
subdivision 2.'. 19
79 Section 318ED-- 20
insert-- 21
`(4) The requirements under subsection (1), as applied under 22
subsection (2), and subsection (3) are the later 23
development plan requirements.'. 24
80 Section 318EE(1)(b), editor's note-- 25
omit, insert-- 26
Page 332
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 1
`Note-- 1
For when the decision takes effect, see section 318EH.'. 2
81 Section 318EH, heading, `effect, of decision'-- 3
omit, insert-- 4
`effect of, decision'. 5
82 Section 318EH(4), `takes'-- 6
omit, insert-- 7
`take'. 8
83 Section 318EK(1)(b)(i), before `someone'-- 9
insert-- 10
`to'. 11
84 Section 318ELAY, `only if under'-- 12
omit, insert-- 13
`only if, under'. 14
85 Section 318EO(3), editor's note-- 15
omit, insert-- 16
`Note-- 17
See, however, section 736.'. 18
86 Section 318EP(1), editor's note-- 19
omit, insert-- 20
`Note-- 21
See also section 318EX.'. 22
Page 333
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 1
87 Section 342(9), `In this subsection'-- 1
omit, insert-- 2
`For this section'. 3
88 Section 344B(1)(a), `and'-- 4
omit. 5
89 Section 378(4)(d)-- 6
omit, insert-- 7
`(d) the terms upon which; 8
any money, mineral, chattel, ore or other thing specified in the 9
order must be deposited.'. 10
90 Section 391(3)(b) and (c), `prerequisite mining 11
tenement'-- 12
omit, insert-- 13
`prerequisite tenement'. 14
91 Section 411(1), `section 342(10), 343 or 344'-- 15
omit, insert-- 16
`section 342(10) or 343'. 17
92 Section 417(2)(j), from `mining; the protection'-- 18
omit, insert-- 19
`mining;' 20
93 Section 417(2)-- 21
insert-- 22
Page 334
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 1
`(ja) the protection from obstruction of races, drains, dams, 1
reservoirs, channels and watercourses used in 2
connection with mining;'. 3
94 Section 653(1)(d), editor's note-- 4
omit, insert-- 5
`Note-- 6
See sections 658, 659 and 668.'. 7
95 Section 695(7), `(4)(d)'-- 8
omit, insert-- 9
`(5)(d)'. 10
96 Section 722EA(1), `248(1)(a)'-- 11
omit, insert-- 12
`248(1)'. 13
97 Section 758(2)(a), editor's note-- 14
omit, insert-- 15
`Note-- 16
See also section 318ED.'. 17
98 Section 763(1), editor's note-- 18
omit, insert-- 19
`Note-- 20
See section 758.'. 21
99 Part 19, division 9, section 766-- 22
renumber as section 766A. 23
Page 335
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 1
100 Schedule 1, sections 5(1)(c) and 10(1), `land an'-- 1
omit, insert-- 2
`land in an'. 3
101 Schedule 2, definitions compensation liability, GHG 4
storage activity, GHG stream storage, mineral and 5
mineral (f)-- 6
omit. 7
102 Schedule 2-- 8
insert-- 9
`abandoned mine, for part 10, division 2AA, see section 344. 10
authorised person, for part 10, division 2AA, see section 344. 11
Cherwell Creek, for part 18A, see section 722A. 12
commencement day, for part 18A, see section 722A. 13
compensation liability-- 14
(a) for an authorised activity for an exploration permit or 15
mineral development licence--see schedule 1, section 16
13(1) and (2); or 17
(b) for a notifiable road use--see section 318ES(1) and (2). 18
deferral agreement, for schedule 1, see schedule 1, section 19
11(c)(i). 20
mineral-- 21
(a) generally, see section 6; and 22
(b) for section 121 or 122, see section 121(4); and 23
(c) for section 312 or 313, see section 312(4). 24
mineral (f), see section 6(2)(f) and (3)(c). 25
overlapping tenure, for part 7AAC, division 2, see section 26
318ELAP(c). 27
prescribed persons, for part 18A, see section 722A. 28
Page 336
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 1
property-- 1
(a) for section 121, 122 or 123, see section 121(4); and 2
(b) for section 312, 313 or 314, see section 312(4). 3
rehabilitation activities, for part 10, division 2AA, see section 4
344. 5
resource management decision, for part 7AAC, division 2, 6
see section 318ELAV. 7
specified works, for part 10A, see section 382. 8
wild river special floodplain management area see section 9
382.'. 10
103 Schedule 2, definition owner, paragraph (a)(v), `section 11
87(2) or 87(4)(b)'-- 12
omit, insert-- 13
`section 202(2) or (4)(b)'. 14
104 Schedule 2, definition owner, paragraph (a)(vi), `section 15
84(2) or 84(4)(b)'-- 16
omit, insert-- 17
`section 151(2)'. 18
105 Schedule 2, definition owner, paragraph (i), `Authority;'-- 19
omit, insert-- 20
`Authority; and'. 21
106 Schedule 2, definition reserve, paragraph (a)(iv), `87(2) or 22
87(4)(b)'-- 23
omit, insert-- 24
`202(2) or (4)(b)'. 25
Page 337
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 1
107 Schedule 2, definition reserve, paragraph (a)(v), `84(2) or 1
84(4)(b)'-- 2
omit, insert-- 3
`151(2)'. 4
Petroleum Act 1923 5
1 Section 2, definition conditions, paragraph (d), editor's 6
note-- 7
omit, insert-- 8
`Note-- 9
For who may carry out an authorised activity for a holder, see section 10
75E.'. 11
2 Section 2, definition excluded land, paragraph (b), 12
editor's note-- 13
omit, insert-- 14
`Note-- 15
For an area of land in the area of a coal or oil shale mining lease 16
becoming excluded land, see section 154.'. 17
3 Section 2, definition relinquishment condition, paragraph 18
3-- 19
omit. 20
4 Section 2, definition work program, editor's note-- 21
omit, insert-- 22
`Notes-- 23
1 For an authority being taken to have a work program until a 24
decision has been made on whether to approve a proposed work 25
program, see section 25D. 26
Page 338
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 1
2 For the continuing effect of an authority on a renewal application, 1
see section 25N. 2
3 For conditions of an authority to prospect about expenditure or 3
work becoming its work program, see section 155.'. 4
5 Section 3(1), editor's note-- 5
omit, insert-- 6
`Notes-- 7
1 For provisions for coal seam gas, see part 6F. 8
2 For the relationship between the Mineral Resources Act and the 9
2004 Act, see the Mineral Resources Act, section 3A.'. 10
6 Section 25, editor's note-- 11
omit, insert-- 12
`Note-- 13
For initial work programs-- 14
(a) in relation to unfinished authority to prospect applications for 15
which a Commonwealth Native Title Act s 29 notice has been 16
given, see section 151; and 17
(b) in relation to conditions of an authority to prospect about 18
expenditure or work becoming its work program, see section 155.'. 19
7 Section 25C, editor's note-- 20
omit, insert-- 21
`Notes-- 22
1 For the requirements for making an application, see section 25M. 23
2 For the obligation to lodge a proposed later work program, see 24
section 74K. 25
3 For the types of noncompliance action that may be taken, see 26
section 80T.'. 27
8 Section 25D(1), editor's note-- 28
omit, insert-- 29
Page 339
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 1
`Note-- 1
For when the decision takes effect, see section 25F.'. 2
9 Sections 25F(4), 25T, 53G(4) and 80Z(3), editor's notes-- 3
omit, insert-- 4
`Notes-- 5
1 For the period to appeal, see section 105. 6
2 For when the Land Court may grant a stay of the decision, see 7
section 107.'. 8
10 Section 25L(2)(a), editor's note-- 9
omit, insert-- 10
`Note-- 11
For the right to apply for a petroleum tenure, see the 2004 Act, 12
section 908.'. 13
11 Section 25M(1)(f), editor's note-- 14
omit, insert-- 15
`Note-- 16
See also section 74V.'. 17
12 Section 25M(2), editor's note-- 18
omit, insert-- 19
`Notes-- 20
1 For the requirements for proposed later work programs, see division 21
2, subdivision 1. 22
2 For the approval of proposed later work programs, see division 2, 23
subdivision 2.'. 24
13 Section 25N(2), editor's note-- 25
omit, insert-- 26
Page 340
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 1
`Note-- 1
For the authority being taken to have a work program until a decision 2
has been made on whether to approve a proposed work program, see 3
section 25D.'. 4
14 Section 25O(2)(a), editor's note-- 5
omit, insert-- 6
`Note-- 7
For the approval of proposed later work programs, see division 8
2, subdivision 2.'. 9
15 Section 40(1A), editor's note-- 10
omit, insert-- 11
`Note-- 12
For the transition, by application, from an authority to prospect under 13
this Act to a petroleum lease under this Act, see the 2004 Act, chapter 14
15, part 3, division 4.'. 15
16 Section 45(1A)(d), editor's note-- 16
omit, insert-- 17
`Note-- 18
For the right to apply for a petroleum tenure, see the 2004 Act, 19
section 908.'. 20
17 Section 45(2)(b), editor's note-- 21
omit, insert-- 22
`Note-- 23
For the program for development and production for a lease 24
becoming its development plan, see section 156.'. 25
18 Section 52(1B), editor's note-- 26
omit, insert-- 27
Page 341
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 1
`Note-- 1
For the later grant of a petroleum tenure under the 2004 Act replacing an 2
equivalent petroleum tenure under this Act, see the 2004 Act, chapter 3
15, part 3, division 7.'. 4
19 Section 52A, editor's note-- 5
omit, insert-- 6
`Note-- 7
For the deferral of section 52A for existing leases, see section 168.'. 8
20 Section 53, editor's note-- 9
omit, insert-- 10
`Notes-- 11
1 For the granting of a lease to the holder of an authority to prospect, 12
see section 40. 13
2 For the entitlement to a renewal of the lease, see section 45. 14
3 For the obligation to lodge a proposed later development plan, see 15
section 74Q. 16
4 For the types of noncompliance action that may be taken, see 17
section 80T.'. 18
21 Section 53C, editor's note-- 19
omit, insert-- 20
`Note-- 21
For the obligation to lodge a proposed later development plan, see 22
section 74Q.'. 23
22 Section 53D(1), editor's note-- 24
omit, insert-- 25
`Note-- 26
For when the decision takes effect, see section 53G.'. 27
Page 342
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 1
23 Section 74K(2)(b), editor's note-- 1
omit, insert-- 2
`Note-- 3
For requirements for proposed later work programs, see part 4, 4
division 2, subdivision 1.'. 5
24 Section 74P(1), editor's note-- 6
omit, insert-- 7
`Note-- 8
For a lease being taken to have a development plan until a decision on 9
whether to approve a proposed development plan is made, see section 10
53D.'. 11
25 Section 75A(1), editor's note-- 12
omit, insert-- 13
`Note-- 14
For a general provision about ownership while a tenure is in force for a 15
pipeline, see section 79X.'. 16
26 Section 75B(2)(a), editor's note-- 17
omit, insert-- 18
`Notes-- 19
1 For wells, water supply bores and water observation bores, 20
see part 6D. 21
2 For the obligation to decommission pipelines, see section 22
75A. 23
3 For a general provision about ownership while a tenure is in 24
force for a pipeline, see section 79X.'. 25
27 Section 75B(4), editor's note-- 26
omit, insert-- 27
`Note-- 28
Page 343
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 1
For ownership of equipment and improvements, see section 80.'. 1
28 Section 75C(1), editor's note-- 2
omit, insert-- 3
`Note-- 4
For the power of an authorised person to ensure compliance, see section 5
80L.'. 6
29 Section 75N(2), editor's note-- 7
omit, insert-- 8
`Note-- 9
For ownership of equipment and improvements, see section 80.'. 10
30 Section 75P(2), editor's note-- 11
omit, insert-- 12
`Note-- 13
For the responsibility for a well or bore after its decommissioning, see 14
section 75W.'. 15
31 Section 75Q(2)(a)(i), editor's note-- 16
omit, insert-- 17
`Note-- 18
For conditions of a water bore driller's licence, see the Water Act, 19
section 302 and the Water Regulation 2002, section 23(1).'. 20
32 Section 75U(4)(c), editor's note-- 21
omit, insert-- 22
`Note-- 23
For the power of an authorised person to ensure compliance, see 24
section 80L.'. 25
Page 344
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 1
33 Section 75W(1), editor's note-- 1
omit, insert-- 2
`Note-- 3
For the obligation to decommission, see section 75U.'. 4
34 Section 75WG, editor's note-- 5
omit, insert-- 6
`Note-- 7
For unauthorised taking, supplying or interfering with water, see the 8
Water Act, section 808.'. 9
35 Section 75WH, editor's note-- 10
omit, insert-- 11
`Notes-- 12
1 For authorised taking of, or interfering with, water without a water 13
entitlement, see the Water Act, section 20. 14
2 For unauthorised taking, supplying or interfering with water, see the 15
Water Act, section 808.'. 16
36 Section 75WN(6), editor's note-- 17
omit, insert-- 18
`Notes-- 19
1 For the power to correct or amend, see section 125. 20
2 For security, see part 6G.'. 21
37 Part 6E, division 1, before section 75X, editor's note-- 22
omit, insert-- 23
`Note-- 24
For the requirement for giving a copy of a relinquishment report, see 25
section 77O.'. 26
Page 345
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 1
38 Section 75Z(1), editor's note-- 1
omit, insert-- 2
`Note-- 3
For specific mandatory conditions for authorities to prospect, and 4
related provisions, see part 6A, division 2.'. 5
39 Section 76H(d), editor's note-- 6
omit, insert-- 7
`Note-- 8
For transitional provisions for the 2004 Act, see the Mineral 9
Resources Act, part 19, division 6.'. 10
40 Section 76M(2)(b)(ii), `Acts 1962'-- 11
omit, insert-- 12
`Act 1965'. 13
41 Section 76R(1), editor's note-- 14
omit, insert-- 15
`Note-- 16
For offences regarding land subject to a mining claim or mining lease, 17
see the Mineral Resources Act, section 403.'. 18
42 Section 76W(2), `(1)(b)(ii)'-- 19
omit, insert-- 20
`(1)(b)'. 21
43 Section 76Y, editor's note-- 22
omit, insert-- 23
`Note-- 24
For confidentiality of information, see division 7.'. 25
Page 346
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 1
44 Sections 76Z(b) and 77(3)(c), editor's note-- 1
omit, insert-- 2
`Note-- 3
For confidentiality of information, see division 7.'. 4
45 Section 77(3), editor's note-- 5
omit, insert-- 6
`Note-- 7
For requirements for consultation with particular coal or oil shale 8
mining tenement holders, see the 2004 Act, section 386.'. 9
46 Part 6I, before division 1, editor's note-- 10
omit, insert-- 11
`Note-- 12
For the exclusion of division 1 for the continuance of particular existing 13
road uses, see section 165.'. 14
47 Section 78Z(1), editor's note-- 15
omit, insert-- 16
`Note-- 17
For the requirement for compensation to be addressed before carrying 18
out notifiable road uses, see section 79VK.'. 19
48 Section 79I(1), editor's note-- 20
omit, insert-- 21
`Notes-- 22
1 For the condition for notice of a notifiable road use, see section 23
78Z. 24
2 For a direction about notifiable road uses, see section 79.'. 25
Page 347
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 1
49 Section 79I(2), editor's note-- 1
omit, insert-- 2
`Notes-- 3
1 For private land, see part 6H. 4
2 For notice of a notifiable road use, see section 78Z.'. 5
50 Section 79M(2), editor's note-- 6
omit, insert-- 7
`Notes-- 8
1 For the relationship with the Mineral Resources Act, see section 3. 9
2 For offences regarding land subject to a mining claim or mining 10
lease, see the Mineral Resources Act, section 403.'. 11
51 Section 79O(3), editor's note-- 12
omit, insert-- 13
`Note-- 14
For the restriction on authorised activities on overlapping ATP land, see 15
the 2004 Act, section 364.'. 16
52 Section 79Z(2)(a), editor's note-- 17
omit, insert-- 18
`Notes-- 19
1 For the obligation to decommission pipelines, see section 20
75A. 21
2 For a general provision about ownership while a tenure is in 22
force for a pipeline, see section 79X.'. 23
53 Section 80(1), editor's note-- 24
omit, insert-- 25
`Note-- 26
Page 348
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 1
For the obligation to remove equipment and improvements, see section 1
75B.'. 2
54 Section 80L(2)(a), `; and'-- 3
omit, insert-- 4
`;'. 5
55 Section 80Q(5), editor's note-- 6
omit, insert-- 7
`Note-- 8
For the deduction of the net proceeds of the sale from the amount 9
claimed in any proceeding to recover the costs, see section 80R(2).'. 10
56 Sections 80R(1) and 101(6), editor's notes-- 11
omit, insert-- 12
`Note-- 13
For additional orders that may be made on conviction, see section 118.'. 14
57 Section 80T(1), editor's note-- 15
omit, insert-- 16
`Note-- 17
For notice of a proposed noncompliance action, see section 80W.'. 18
58 Section 102(1), editor's note-- 19
omit, insert-- 20
`Note-- 21
For interest on an unpaid petroleum royalty or additional petroleum 22
royalty, see the 2004 Act, section 602.'. 23
Page 349
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 1
59 Section 118(1), editor's note-- 1
omit, insert-- 2
`Note-- 3
For the power of an authorised person to ensure compliance, see section 4
80L.'. 5
60 Section 151(1)(b), editor's note-- 6
omit, insert-- 7
`Note-- 8
For unfinished applications for authorities to prospect under this 9
Act, other than applications for which a Commonwealth Native 10
Title Act s 29 notice has been given, see the 2004 Act, chapter 11
15, part 3, division 3.'. 12
61 Section 156(2), editor's note-- 13
omit, insert-- 14
`Notes-- 15
1 For the obligation to lodge a proposed later development plan, see 16
section 74Q. 17
2 For additional criteria for approval, see section 78.'. 18
62 Section 161(1), editor's note-- 19
omit, insert-- 20
`Note-- 21
For entry notices under the Petroleum Regulation 1966, section 17, see 22
the 2004 Act, section 925.'. 23
63 Section 162(1) and 163(1), editor's notes-- 24
omit, insert-- 25
`Note-- 26
For accrued compensation rights relating to a converted petroleum 27
authority, see the 2004 Act, section 922.'. 28
Page 350
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 1
64 Section 170(1), editor's note-- 1
omit, insert-- 2
`Note-- 3
For the conversion of a particular authority to prospect granted under 4
this Act to an authority to prospect under the 2004 Act, see the 2004 5
Act, chapter 15, part 3, division 2.'. 6
65 Section 173(3), editor's note-- 7
omit, insert-- 8
`Note-- 9
For conditions for a renewal application, see section 25L.'. 10
Petroleum and Gas (Production and Safety) Act 2004 11
1 Section 3(1)(e), `an efficient'-- 12
omit, insert-- 13
`and efficient'. 14
2 Section 24A(2), definition resource Acts, second dot 15
point, `Geothermal Act'-- 16
omit, insert-- 17
`the Geothermal Act'. 18
3 Section 27(2)(b), `right do'-- 19
omit, insert-- 20
`right to do'. 21
4 Sections 64 and 150, note 1, second dot point, `, 9'-- 22
omit. 23
Page 351
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 1
5 Section 175F(b), 175E-- 1
omit, insert-- 2
`175E,'. 3
6 Section 234(3A)(c)(i), `44(d)'-- 4
omit, insert-- 5
`44(1)(d)'. 6
7 Section 292(3)(b), `chapter 2'-- 7
omit, insert-- 8
`this chapter'. 9
8 Section 298, `chapter 3'-- 10
omit, insert-- 11
`this chapter'. 12
9 Section 305(2)(e), `including'-- 13
omit, insert-- 14
`including,'. 15
10 Section 310(3), `186(1)(b)'-- 16
omit, insert-- 17
`186(6)(a)'. 18
11 Section 378(2)(b), `sections 346 and 347'-- 19
omit, insert-- 20
`section 346'. 21
Page 352
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 1
12 Section 378(2)(c), `sections 354 and 355'-- 1
omit, insert-- 2
`section 354'. 3
13 Section 487(2)(c), `example'-- 4
omit, insert-- 5
`example,'. 6
14 Section 501, heading, `div 3'-- 7
omit, insert-- 8
`div 2'. 9
15 Section 527(1), `holder'-- 10
omit, insert-- 11
`holder,'. 12
16 Section 537A(4), `kind'-- 13
omit, insert-- 14
`kind,'. 15
17 Section 538, note, `110 (Petroleum pipeline and water 16
pipeline construction and operation)'-- 17
omit, insert-- 18
`110 (Construction and operation of petroleum pipelines)'. 19
18 Section 561, heading, `div 2'-- 20
omit, insert-- 21
`this division'. 22
Page 353
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 1
19 Section 616(3)(b), from `section 53(2)' to `functions'-- 1
omit, insert-- 2
`section 53(2) of that Act to duties includes a reference to the 3
powers'. 4
20 Section 629, note 1, `parts 1 and 2'-- 5
omit, insert-- 6
`this part and part 2'. 7
21 Section 675(1)(j), `control systems including'-- 8
omit, insert-- 9
`control systems, including'. 10
22 Section 675(1)(r), `record management'-- 11
omit, insert-- 12
`record management,'. 13
23 Section 675(4), definition NOHSC standard, `National 14
Occupation Health and Safety Commission (Repeal, 15
Consequential and Transitional Provisions) Act 2005 16
(Cwlth), section 7(2)'-- 17
omit, insert-- 18
`National Occupational Health and Safety Commission 19
(Repeal, Consequential and Transitional Provisions) Act 2005 20
(Cwlth), schedule 1, section 7(2)'. 21
24 Section 709(2), `inquiry'-- 22
omit, insert-- 23
`inquiry,'. 24
Page 354
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 1
25 Section 774(2), `example'-- 1
omit, insert-- 2
`example,'. 3
26 Schedule 1, under the heading `Table 2 Decisions subject 4
to appeal', under the heading `Provisions for existing 5
Water Act bores', entries for `260', `263' and 271'-- 6
omit. 7
27 Schedule 1, under the heading `Table 2 Decisions subject 8
to appeal', heading `Provisions for existing Water Act 9
bores'-- 10
omit. 11
28 Schedule 2, definition appeal body, `823(2)'-- 12
omit, insert-- 13
`823'. 14
29 Schedule 2, definition auditor-general, `Financial 15
Administration and Audit Act 1977'-- 16
omit, insert-- 17
`Auditor-General Act 2009.'. 18
Page 355
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 2
Schedule 2 Consequential amendments 1
commencing by proclamation 2
other than amendments for the 3
restructure of the Mineral 4
Resources Act 1989 5
section 281 6
Environmental Protection Act 1994 7
1 Section 585(4), definition planning document, paragraph 8
(b), `section 133(1)(g)(i)'-- 9
omit, insert-- 10
`section 133(f)(i)'. 11
Geothermal Energy Act 2010 12
1 Section 36-- 13
insert-- 14
`Note-- 15
For other relevant provisions about applications, see chapter 8, part 2.'. 16
2 Section 50(3)-- 17
insert-- 18
`Note-- 19
For other relevant provisions about giving a document to the Minister, 20
see section 363.'. 21
Page 356
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 2
3 Section 68(4)-- 1
insert-- 2
`Note-- 3
For other relevant provisions about giving a document to the chief 4
executive, see section 363.'. 5
4 Section 72(1)(d)-- 6
insert-- 7
`Note-- 8
For other relevant provisions about making a submission, see 9
section 363.'. 10
5 Section 169(2), from `section 365'-- 11
omit, insert-- 12
`section 365, 366 or 366A.'. 13
6 Section 358(2)(a), after `accommodation'-- 14
insert-- 15
`or'. 16
Greenhouse Gas Storage Act 2009 17
1 Section 47(4)-- 18
insert-- 19
`Note-- 20
For other relevant provisions about giving a document to the Minister, 21
see section 411.'. 22
Page 357
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 2
2 Section 67(3)-- 1
insert-- 2
`Note-- 3
For other relevant provisions about applications, see chapter 7, part 1.'. 4
3 Section 104(4)-- 5
insert-- 6
`Note-- 7
For other relevant provisions about giving a document to the chief 8
executive, see section 411.'. 9
4 Section 107(1)(d)-- 10
insert-- 11
`Note-- 12
For other relevant provisions about making a submission, see 13
section 411.'. 14
5 Section 218(2) and editor's note-- 15
omit, insert-- 16
`(2) Subsection (1) does not limit section 413 or 413A.'. 17
6 Section 340(2)(b)(ii), `section 348(2)'-- 18
omit, insert-- 19
`section 349(2)'. 20
Mineral Resources Act 1989 21
1 Section 3A(3)(b)-- 22
omit, insert-- 23
Page 358
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 2
`(b) a copy of the agreement has been lodged; and 1
Note-- 2
For other relevant provisions about lodging documents, see 3
section 386O.'. 4
2 Section 3A(6)(a) and (7)(b), `at the relevant office'-- 5
omit. 6
3 Sections 10AA(2), 208(6), 237(5)(b), 275(3)(b), 298(13), 7
309(7)(b)(i), 386(7)(b)(ii) and 386A(4)(b)(ii), `appropriate'-- 8
omit. 9
4 Section 20(6)-- 10
insert-- 11
`Note-- 12
For other relevant provisions about giving the mining registrar 13
documents, see section 386O.'. 14
5 Section 21(2) and (3)-- 15
omit. 16
6 Sections 22, 73(2), 74(4), 80(2) and 89, `and the EPA 17
administering authority'-- 18
omit. 19
7 Section 37(2)-- 20
omit. 21
8 Section 39(2)-- 22
insert-- 23
`Note-- 24
Page 359
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 2
For other relevant provisions about filing documents, see section 1
386O.'. 2
9 Section 59-- 3
insert-- 4
`Note-- 5
For other relevant provisions about applications, see section 386O.'. 6
10 Section 61(1)(i)-- 7
omit, insert-- 8
`(i) be lodged;'. 9
11 Section 61(3)-- 10
omit. 11
12 Section 61(4) and (5)-- 12
omit. 13
13 Section 61(6) to (8) 14
renumber as section 61(3) to (5). 15
14 Section 61(5), as renumbered, `subsection (7)'-- 16
omit, insert-- 17
`subsection (4)'. 18
15 Section 64A(2)(c)-- 19
omit. 20
16 Section 82(6)-- 21
omit. 22
Page 360
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 2
17 Section 85(3)(b), `in the office of the mining registrar'-- 1
omit. 2
18 Section 93(9)-- 3
omit. 4
19 Section 93(10) to (12)-- 5
renumber as section 93(9) to (11). 6
20 Section 105(7)-- 7
omit. 8
21 Section 106(6)-- 9
omit. 10
22 Section 107(2)-- 11
omit. 12
23 Section 108(4)-- 13
omit. 14
24 Section 125(10)(b), `in the office of the mining registrar'-- 15
omit. 16
25 Section 133(1)(f)-- 17
omit. 18
26 Section 133(1)(g) and (h)-- 19
renumber as section 133(1)(f) and (g). 20
Page 361
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 2
27 Section 133(2) and (3)-- 1
omit. 2
28 Section 134A(1), `section 133(1)(f)'-- 3
omit, insert-- 4
`this Act'. 5
29 Section 134A(3), from `at'-- 6
omit, insert-- 7
`at a place that the application may be lodged under section 8
386O.'. 9
30 Section 137(3)(b), `section 133(1)(g)(i)'-- 10
omit, insert-- 11
`section 133(f)(i)'. 12
31 Section 137(6)-- 13
omit. 14
32 Section 137(7)-- 15
renumber as section 137(6). 16
33 Section 139(4)-- 17
insert-- 18
`Note-- 19
For other relevant provisions about making a submission, see section 20
386O.'. 21
34 Section 139(9)-- 22
omit. 23
Page 362
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 2
35 Section 140(8)-- 1
omit. 2
36 Section 141(1)(f), `, in the way and'-- 3
omit. 4
37 Section 141(1)(f)-- 5
insert-- 6
`Note-- 7
For other relevant provisions about giving a document to the 8
Minister, see section 386O.'. 9
38 Section 141C(5)-- 10
omit. 11
39 Section 147B-- 12
omit. 13
40 Section 159(2B), `section 133(1)(d)'-- 14
omit, insert-- 15
`section 133(d)'. 16
41 Section 159(4)-- 17
omit. 18
42 Section 160(5)-- 19
omit. 20
43 Section 160(6)-- 21
renumber as section 160(5). 22
Page 363
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 2
44 Section 161(2)-- 1
omit. 2
45 Section 183(3) and (4)-- 3
omit. 4
46 Section 186(8)-- 5
omit. 6
47 Section 186(9)-- 7
renumber as section 186(8). 8
48 Section 189(3)-- 9
omit. 10
49 Section 189(4) and (5)-- 11
renumber as section 189(3) and (4). 12
50 Section 194(1)(f), `, in the way and'-- 13
omit. 14
51 Section 194AC(6)-- 15
omit. 16
52 Section 197B-- 17
omit. 18
53 Section 207(3), `kept by the chief executive'-- 19
omit. 20
Page 364
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 2
54 Section 208(7)-- 1
omit. 2
55 Section 209(5)-- 3
omit. 4
56 Section 209(6)-- 5
renumber as section 209(5). 6
57 Section 210(2)-- 7
omit. 8
58 Section 231A(3), `197B,'-- 9
omit. 10
59 Section 231C(2)-- 11
omit. 12
60 Section 231E(8)-- 13
omit. 14
61 Section 231G(5)-- 15
omit. 16
62 Section 231G(6) to (8)-- 17
renumber as section 231G(5) to (7). 18
63 Section 231G(7), as renumbered, `and (7)'-- 19
omit, insert-- 20
`and (6)'. 21
Page 365
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 2
64 Section 231H(8)-- 1
omit. 2
65 Section 234(4)-- 3
omit. 4
66 Section 237(3) and (4)-- 5
omit. 6
67 Section 237(5) to (7)-- 7
renumber as section 237(3) to (5). 8
68 Section 245(1)(g), `section 238(2)'-- 9
omit, insert-- 10
`section 238(1)'. 11
69 Section 245(1)(m)-- 12
omit, insert-- 13
`(m) be lodged; and'. 14
70 Section 245(3)-- 15
omit. 16
71 Section 245(4) and (5)-- 17
omit. 18
72 Section 250(8)-- 19
omit. 20
Page 366
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 2
73 Section 252A(2)(c)-- 1
omit. 2
74 Section 267(2)-- 3
omit. 4
75 Section 272(1), from `section 271(3)(c)' to `lease'-- 5
omit, insert-- 6
`section 271A(1)(c), refers the matter to the Land Court'. 7
76 Section 279(3)(b), `in the office of the mining registrar'-- 8
omit. 9
77 Section 280(2)(b), `in the office of the mining registrar'-- 10
omit. 11
78 Section 286B-- 12
omit. 13
79 Section 287(2)-- 14
omit. 15
80 Section 294(6)-- 16
omit. 17
81 Section 298(14)-- 18
omit. 19
82 Section 299(11)-- 20
omit. 21
Page 367
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 2
83 Section 307(5)-- 1
omit. 2
84 Section 308(6)-- 3
omit. 4
85 Section 309(3)-- 5
omit. 6
86 Section 317(10)(b), `in the office of the mining registrar'-- 7
omit. 8
87 Section 318AAA(3), from `Sections 232' to `286A'-- 9
omit, insert-- 10
`Sections 232, 233, 239, 245, 248 to 260, 265, 266, 268, 269, 11
271 to 273, 275, 276, 278A, 280, 283, 284, 285 and 286A'. 12
88 Section 318AAE(2)-- 13
omit. 14
89 Section 318AAE(3)-- 15
renumber as section 318AAE(2). 16
90 Section 318AAJ(2), `subsections (1)(h) and (2)'-- 17
omit, insert-- 18
`subsection (1)(h)'. 19
91 Section 318AT(5) 20
omit. 21
Page 368
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 2
92 Section 318AX(1), from `application'-- 1
omit, insert-- 2
`application.'. 3
93 Section 318BB(1)(a)-- 4
omit, insert-- 5
`(a) grant the mining lease under section 271A; or'. 6
94 Section 318BK(d)(ii), `section 271, to recommend the 7
granting of'-- 8
omit, insert-- 9
`section 271A, to grant'. 10
95 Section 318BL, heading, `recommending'-- 11
omit, insert-- 12
`deciding'. 13
96 Section 318BL(1)-- 14
omit, insert-- 15
`(1) In making a decision as follows, regard must be had to the 16
prescribed criteria-- 17
(a) deciding conditions of the mining lease under section 18
276(1)(m); 19
(b) deciding the term of the lease under section 284.'. 20
97 Section 318BL(2), `section 276(1)(n)'-- 21
omit, insert-- 22
`section 276(1)(m)'. 23
Page 369
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 2
98 Section 318BM, `section 276(1)(n)'-- 1
omit, insert-- 2
`section 276(1)(m)'. 3
99 Section 318BM(1), from `a notice' to `of the chief 4
executive'-- 5
omit, insert-- 6
`a lodged notice, to relinquish a stated part or percentage of its 7
area at stated times or intervals'. 8
100 Section 318BU, heading, `recommending'-- 9
omit, insert-- 10
`deciding'. 11
101 Section 318BU(1), `recommendation'-- 12
omit, insert-- 13
`decision'. 14
102 Section 318BU(1)(a) and (b)-- 15
omit, insert-- 16
`(a) deciding conditions of the mining lease under section 17
276(1)(m); 18
(b) deciding the term of the lease under section 284.'. 19
103 Section 318BU(2), `section 276(1)(n)'-- 20
omit, insert-- 21
`section 276(1)(m)'. 22
Page 370
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 2
104 Section 318CB(1), `section 271 recommend the grant 1
of'-- 2
omit, insert-- 3
`section 271A grant'. 4
105 Section 318CB(5)-- 5
omit. 6
106 Section 318CB(6)-- 7
renumber as section 318CB(5). 8
107 Section 318CG, `recommending'-- 9
omit, insert-- 10
`deciding'. 11
108 Section 318CG(1), `to be determined under section 12
276(1)(n)'-- 13
omit, insert-- 14
`under section 276(1)(m)'. 15
109 Section 318CG(2), `section 276(1)(n)'-- 16
omit, insert-- 17
`section 276(1)(m)'. 18
110 Section 318CV(3)-- 19
omit. 20
111 Section 318CV(4)-- 21
renumber as section 318CV(3). 22
Page 371
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 2
112 Section 318DC(b)-- 1
omit. 2
113 Section 318DC(c) to (h)-- 3
renumber as section 318DC(b) to (g). 4
114 Section 318DE(1), from `at--' to `of the chief executive'-- 5
omit. 6
115 Part 7AA, division 8, subdivision 5, heading, 7
`recommendation to amend'-- 8
omit, insert-- 9
`amending'. 10
116 Section 318DH, from `A recommendation' to `amendment 11
of'-- 12
omit, insert-- 13
`An amendment under section 294 of'. 14
117 Section 318E(1)-- 15
omit, insert-- 16
`(1) The applicant may, by lodged notice, amend the proposed 17
development plan at any time before the Minister decides 18
whether to approve the applicant's proposed development 19
plan.'. 20
118 Section 318EB(2)(a)-- 21
omit, insert-- 22
`(a) is lodged; and'. 23
Page 372
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 2
119 Section 318ELAT(1), `at the relevant departmental 1
office'-- 2
omit. 3
120 Section 318ELAV, from `whether to--' 4
omit, insert-- 5
`whether-- 6
(a) to grant the mining lease under section 271A; or 7
(b) to give any overlapping authority priority for all or part 8
of the relevant land; or 9
(c) not to grant the mining lease and not to give any 10
overlapping authority priority for all or part of the 11
relevant land.'. 12
121 Part 7AAC, division 2, subdivision 6, heading, 13
`recommend'-- 14
omit. 15
122 Sections 318ELBD(b) and 318ELBE(c)(ii), `recommend 16
the granting of'-- 17
omit, insert-- 18
`grant'. 19
123 Section 318ELBF(1)(b)(i), `at the relevant departmental 20
office'-- 21
omit. 22
124 Section 318ELBF(2), from `without' to `about the 23
application'-- 24
omit. 25
Page 373
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 2
125 Section 318ELBG(1), `recommendation'-- 1
omit, insert-- 2
`decision'. 3
126 Section 318ELBG(1)(a) and (b)-- 4
omit, insert-- 5
`(a) deciding conditions of the mining lease under section 6
276(1)(m); 7
(b) deciding the term of the lease under section 284.'. 8
127 Section 318ELBN(3), `at the relevant departmental 9
office'-- 10
omit. 11
128 Section 318ELBR, heading, `recommendation to vary'-- 12
omit, insert-- 13
`varying'. 14
129 Section 318ELBR, from `a recommendation' to `made'-- 15
omit, insert-- 16
`a condition of the mining lease must not be varied under 17
section 294'. 18
130 Section 336(5), definition appropriately qualified and 19
example-- 20
omit. 21
131 Sections 386(7)(a) and 386A(4)(a), `the EPA administering 22
authority and'-- 23
omit. 24
Page 374
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 2
132 Section 387B, heading and section 387C, heading, `a'-- 1
omit. 2
133 Sections 387B(1) and 387C(1) and (5), `a register'-- 3
omit, insert-- 4
`the register'. 5
134 Section 389(1), from `or mining'-- 6
omit, insert-- 7
`for a duplicate of the instrument.'. 8
135 Section 390(2), `131'-- 9
omit, insert-- 10
`134A'. 11
136 Section 396A(3)(b), from `lodged'-- 12
omit, insert-- 13
`lodged.'. 14
137 Section 406(2)(b)-- 15
omit, insert-- 16
`(b) be filed.'. 17
138 Section 411(1), `or 343'-- 18
omit, insert-- 19
`, 343 or 344A'. 20
139 Section 416B(2)(a)(i), examples, item 1, `section 21
133(1)(g)(ii)'-- 22
omit, insert-- 23
Page 375
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 2
`section 133(f)(ii)'. 1
140 Section 416B(3)(b), examples, item 2, `section 2
231C(1)(e)(ii)'-- 3
omit, insert-- 4
`section 231C(e)(ii)'. 5
141 Section 417(2)(p), from `in registers' to `Act'-- 6
omit, insert-- 7
`in the register and the examination or provision of particulars 8
from the register'. 9
142 Section 418AA(6), definition additional surface area No. 10
2, `kept by the mining registrar'-- 11
omit. 12
143 Section 418C(1)(b)(ii) and (iii)-- 13
omit, insert-- 14
`(ii) the Minister must not grant a renewal of the 15
leases.'. 16
144 Section 464(2), `the Governor in Council or'-- 17
omit. 18
145 Section 524(2)-- 19
omit. 20
146 Section 524(3) to (9)-- 21
renumber as section 524(2) to (8). 22
Page 376
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 2
147 Section 581(2)-- 1
omit. 2
148 Section 581(3) to (9)-- 3
renumber as section 581(2) to (8). 4
149 Section 680(1), from `, including' to `section 271,'-- 5
omit. 6
150 Section 680(3)-- 7
omit, insert-- 8
`(3) However, if subsection (2) applies, the Minister must not grant 9
the proposed mining lease under section 271A(1) unless the 10
Minister overrules the native title issues decision under 11
section 681.'. 12
151 Section 682(2) and (3)-- 13
omit, insert-- 14
`(2) If the substituted decision is that the proposed mining lease 15
may be granted on conditions to be included in the mining 16
lease, the Minister must grant the lease on those conditions. 17
`(3) If the substituted decision is that the proposed mining lease 18
not be granted, the Minister must not grant the lease.'. 19
152 Section 705(10)-- 20
omit. 21
153 Section 722G(5)(g), note, `271(2)'-- 22
omit, insert-- 23
`271'. 24
Page 377
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 2
154 Section 731(7), `section 581(3)'-- 1
omit, insert-- 2
`section 581(2)'. 3
Petroleum Act 1923 4
1 Section 3(3)(b)-- 5
omit, insert-- 6
`(b) a copy of the agreement has been lodged; and 7
Note-- 8
For other relevant provisions about lodging documents, see part 9
9, division 1A.'. 10
2 Section 3(4)(a) and (5)(b), `at the relevant office'-- 11
omit. 12
3 Section 21(4)(b)-- 13
omit. 14
4 Section 21(4)(c)-- 15
renumber as section 21(4)(b). 16
5 Section 25H(1)-- 17
insert-- 18
`Note-- 19
For other relevant provisions about applications, see part 9, divisions 1 20
and 1A.'. 21
Page 378
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 2
6 Section 25H-- 1
insert-- 2
`(3) The application must be accompanied by the fee prescribed 3
under a regulation.'. 4
7 Section 25I-- 5
omit. 6
8 Section 25J(6), from `a notice'-- 7
omit, insert-- 8
`a lodged notice, at least a stated percentage of the original 9
notional sub-blocks of the authority on or before a stated 10
day.'. 11
9 Section 25M(1)(b)-- 12
omit. 13
10 Section 25M(1)(c) to (j)-- 14
renumber as section 25M(1)(b) to (i). 15
11 Section 25M(1)(e), as renumbered, editor's note-- 16
omit, insert-- 17
`Note-- 18
For the obligation to consult with particular owners and 19
occupiers, see section 74V.'. 20
12 Section 45(2A)(c)-- 21
omit. 22
13 Section 45(2A)(d) and (e)-- 23
renumber as section 45(2A)(c) and (d). 24
Page 379
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 2
14 Section 52(1B)(b)-- 1
omit. 2
15 Section 52(1B)(c)-- 3
renumber as section 52(1B)(b). 4
16 Section 53F(2)(a)(i), from `a notice'-- 5
omit, insert-- 6
`a lodged notice, a stated part or percentage of the area of the 7
lease on or before a stated day; and'. 8
17 Section 53F(2)(b), `notice lodged at the relevant office'-- 9
omit, insert-- 10
`lodged notice'. 11
18 Section 74A(3)(a)-- 12
omit, insert-- 13
`(a) must be made by lodged notice (the relinquishment 14
notice); and'. 15
19 Section 74J(2)-- 16
insert-- 17
`Note-- 18
For other relevant provisions about giving the chief executive 19
documents, see part 9, division 1A.'. 20
20 Section 74K(2)(a)-- 21
omit, insert-- 22
`(a) is lodged; and'. 23
Page 380
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 2
21 Section 74Q(2)(a)-- 1
omit, insert-- 2
`(a) is lodged; and'. 3
22 Section 75F(1), `at the relevant office'-- 4
omit. 5
23 Section 75F(3)-- 6
omit. 7
24 Section 75H(3)(e), from `assessment'-- 8
omit, insert-- 9
`assessment.'. 10
25 Section 75M, from `at the following' to `of the chief 11
executive'-- 12
omit, insert-- 13
`stating the information prescribed under a regulation'. 14
26 Section 75Q(2), `at the relevant office'-- 15
omit. 16
27 Section 75Q(4), definition relevant office-- 17
omit. 18
28 Section 75R(b), from `lodged'-- 19
omit, insert-- 20
`lodged; and'. 21
Page 381
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 2
29 Section 75S(b), from `lodged'-- 1
omit, insert-- 2
`lodged; and'. 3
30 Section 75U(3)(b)(iv)-- 4
omit, insert-- 5
`(iv) a copy of the agreement has been lodged.'. 6
31 Section 75U(5)-- 7
omit, insert-- 8
`(5) The notice must be in the approved form.'. 9
32 Section 75WB(b)-- 10
omit. 11
33 Section 75WB(c)-- 12
renumber as section 75WB(b). 13
34 Section 75Y(5)-- 14
omit. 15
35 Section 75Y(6)-- 16
renumber as section 75Y(5). 17
36 Section 75Z(2)-- 18
omit. 19
37 Section 76(2)-- 20
omit. 21
Page 382
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 2
38 Section 76G(3)-- 1
omit, insert-- 2
`(3) A notice under subsection (1)(b) may state-- 3
(a) a format required for giving the information; and 4
(b) a degree of precision required for the giving of the 5
information.'. 6
39 Section 76R(1)(b)-- 7
omit, insert-- 8
`(b) a copy of the agreement has been lodged; and'. 9
40 Section 76W(3)-- 10
omit. 11
41 Section 77(1), from `application'-- 12
omit, insert-- 13
`application.'. 14
42 Section 77T(1)(b)-- 15
omit. 16
43 Section 77T(1)(c) to (h)-- 17
renumber as section 77T(1)(b) to (g). 18
44 Section 77V(1), from `application'-- 19
omit, insert-- 20
`application.'. 21
45 Section 78CD(3), `at the relevant departmental office'-- 22
omit. 23
Page 383
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 2
46 Section 78CF(4)-- 1
insert-- 2
`Note-- 3
For other relevant provisions about making a submission, see part 9, 4
division 1A.'. 5
47 Section 78CK(7)(b), `at the relevant departmental office'-- 6
omit. 7
48 Section 78F(3)(b), from `amount'-- 8
omit, insert-- 9
`amount.'. 10
49 Section 79N(b)-- 11
omit, insert-- 12
`(b) the first authority holder has lodged a notice stating the 13
consent has been given.'. 14
50 Section 80A(1)(b), `section 80E'-- 15
omit, insert-- 16
`section 80F'. 17
51 Section 80T(1)(d), `at the relevant office'-- 18
omit. 19
52 Section 80T(6)-- 20
omit. 21
53 Section 80W(1)(e), from `action'-- 22
omit, insert-- 23
Page 384
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 2
`action.'. 1
54 Section 101(3)(b), from `action'-- 2
omit, insert-- 3
`action.'. 4
55 Section 106(2)-- 5
omit, insert-- 6
`(2) A copy of the notice must be lodged.'. 7
56 Section 117(4), definition executive officer-- 8
omit. 9
57 Section 123(2)-- 10
omit. 11
58 Section 123(3)-- 12
renumber as section 123(2). 13
59 Section 126(2)-- 14
omit. 15
60 Section 126(3) and (4)-- 16
renumber as section 126(2) and (3). 17
61 Section 129(1), `notice lodged at the relevant office'-- 18
omit, insert-- 19
`lodged notice'. 20
Page 385
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 2
62 Section 129(3), definition relevant office-- 1
omit. 2
Petroleum and Gas (Production and Safety) Act 2004 3
1 Section 6(4)(b)-- 4
omit, insert-- 5
`(b) a copy of the agreement has been lodged; and 6
Note-- 7
For other relevant provisions about lodging documents, see 8
section 851AA.'. 9
2 Section 6, `at the relevant office'-- 10
omit. 11
3 Section 35(2)(d), `at the place stated in the call'-- 12
omit. 13
4 Section 37(a), after `be'-- 14
insert-- 15
`lodged'. 16
5 Section 37(b)-- 17
omit. 18
6 Section 37(c) to (e)-- 19
renumber as section 37(b) to (d). 20
Page 386
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 2
7 Section 61-- 1
omit. 2
8 Section 62(6), from `a notice'-- 3
omit, insert-- 4
`a lodged notice, at least a stated percentage of the original 5
notional sub-blocks of the authority on or before a stated 6
day.'. 7
9 Section 65(3)(a)-- 8
omit, insert-- 9
`(a) must be made by a lodged notice (relinquishment 10
notice); and'. 11
10 Section 78A(2)-- 12
insert-- 13
`Note-- 14
For other relevant provisions about giving a document to the chief 15
executive, see section 851AA.'. 16
11 Section 79(2)(a)-- 17
omit, insert-- 18
`(a) is lodged; and'. 19
12 Section 82(1)(b)-- 20
omit. 21
13 Section 82(1)(c) to (j)-- 22
renumber as section 82(1)(b) to (i). 23
Page 387
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 2
14 Section 89(2)(b)-- 1
omit. 2
15 Section 89(2)(c)-- 3
renumber as section 89(2)(b). 4
16 Section 92(3), from `at--' to `of the chief executive'-- 5
omit. 6
17 Section 93(2)-- 7
omit, insert-- 8
`(2) The application must be accompanied by the fee prescribed 9
under a regulation.'. 10
18 Section 96(1)(d)-- 11
omit, insert-- 12
`(d) that the holder may, within a stated period, lodge 13
submissions about why the holder should not make a 14
petroleum lease application for the stated area.'. 15
19 Section 100(4)(b), `at the relevant office'-- 16
omit. 17
20 Section 100(6)-- 18
omit. 19
21 Section 104(b)-- 20
omit. 21
Page 388
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 2
22 Section 104(c) to (h)-- 1
renumber as section 104(b) to (g). 2
23 Section 118(b)-- 3
omit. 4
24 Section 118(c) to (g)-- 5
renumber as section 118(b) to (f). 6
25 Section 121(2)(b)(ii), from `at the office' to `applications'-- 7
omit. 8
26 Section 123(3)(c), `(the production commencement 9
day)'-- 10
omit. 11
27 Section 127(2)(d), from `call'-- 12
omit, insert-- 13
`call; and'. 14
28 Section 128(2)(b)-- 15
omit, insert-- 16
`(b) must be lodged; and'. 17
29 Section 148(2)(a)(i), from `a notice'-- 18
omit, insert-- 19
`a lodged notice, a stated part or percentage of the area of the 20
lease on or before a stated day; and'. 21
Page 389
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 2
30 Section 148(2)(b), `notice lodged at the relevant office'-- 1
omit, insert-- 2
`lodged notice'. 3
31 Section 159(2)(a)-- 4
omit, insert-- 5
`(a) is lodged; and'. 6
32 Section 162(1)(b)-- 7
omit. 8
33 Section 162(1)(c) to (h)-- 9
renumber as section 162(1)(b) to (g). 10
34 Section 170(4)(b), `at the relevant office'-- 11
omit. 12
35 Section 170(6)-- 13
omit. 14
36 Section 172(b)-- 15
omit. 16
37 Section 172(c) to (h)-- 17
renumber as section 172(b) to (g). 18
38 Section 177(b)-- 19
omit. 20
Page 390
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 2
39 Section 177(c)-- 1
renumber as section 177(b). 2
40 Section 184(4), definition agreement conditions, 3
paragraph (b)-- 4
omit, insert-- 5
`(b) a copy of the agreement has been lodged; and'. 6
41 Section 191(b)-- 7
omit. 8
42 Section 191(c)-- 9
renumber as section 191(b). 10
43 Section 203(3)(b)-- 11
omit. 12
44 Section 203(3)(c)-- 13
renumber as section 203(3)(b). 14
45 Section 213(2)(a)-- 15
omit, insert-- 16
`(a) be lodged within 30 business days after the gazettal; 17
and'. 18
46 Section 219, `at the relevant office'-- 19
omit. 20
47 Section 219(4)-- 21
omit. 22
Page 391
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 2
48 Section 223(3)(a)-- 1
omit, insert-- 2
`(a) the holder has lodged a notice stating that the holder has 3
entered into a storage agreement with any current owner 4
of stored petroleum or prescribed storage gas; or'. 5
49 Section 223(3)(b), `, at the relevant office,'-- 6
omit. 7
50 Section 230(1), `at the relevant office'-- 8
omit. 9
51 Section 230(2)-- 10
insert-- 11
`Note-- 12
For other relevant provisions about giving a document to the Minister, 13
see section 851AA.'. 14
52 Section 230(3)-- 15
omit. 16
53 Section 232(3)(e), from `assessment'-- 17
omit, insert-- 18
`assessment.'. 19
54 Section 234(3A)(c)(iii), `section 276(1)(n)'-- 20
omit, insert-- 21
`section 276(1)(m)'. 22
Page 392
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 2
55 Section 235(2)(b)-- 1
omit. 2
56 Section 235(2)(c)-- 3
renumber as section 235(2)(b). 4
57 Section 242(2)(c)-- 5
omit, insert-- 6
`(c) that the holder may lodge submissions within the stated 7
period about the proposed cancellation or the likely 8
impact of the cancellation on the relevant leases.'. 9
58 Section 284, from `at the following' to `executive.'-- 10
omit, insert-- 11
`stating the information prescribed under a regulation.'. 12
59 Section 288(3), `at the relevant office'-- 13
omit. 14
60 Section 288(5), definition relevant office-- 15
omit. 16
61 Section 289(b), from `lodged'-- 17
omit, insert-- 18
`lodged.'. 19
62 Section 290(b), from `lodged'-- 20
omit, insert-- 21
`lodged.'. 22
Page 393
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 2
63 Section 292(3)(c)(iv)-- 1
omit, insert-- 2
`(iv) a copy of the agreement has been lodged.'. 3
64 Section 292(5)-- 4
omit, insert-- 5
`(5) The notice must be in the approved form.'. 6
65 Section 310(5)-- 7
omit. 8
66 Section 314(1), from `application'-- 9
omit, insert-- 10
`application.'. 11
67 Section 329(1), from `a notice' to `of the chief executive'-- 12
omit, insert-- 13
`a lodged notice, to relinquish a stated part or percentage of its 14
area at stated times or intervals'. 15
68 Section 340(3)(b)(ii), from `section 271' to `be granted'-- 16
omit, insert-- 17
`section 271A of that Act, a decision has been made to grant 18
the applicant'. 19
69 Sections 342(3) and 392BA, `section 843'-- 20
omit, insert-- 21
`section 843A'. 22
Page 394
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 2
70 Section 350(3)-- 1
omit. 2
71 Section 360(1)(b)-- 3
omit, insert-- 4
`(b) a copy of the agreement has been lodged; and'. 5
72 Section 363D(3)(b), `at the relevant office'-- 6
omit. 7
73 Section 363D(5)-- 8
omit. 9
74 Section 363E(1)(i)(iii), `at the relevant office'-- 10
omit. 11
75 Section 363E(4), definition relevant office-- 12
omit. 13
76 Section 363H(4)-- 14
insert-- 15
`Note-- 16
For other relevant provisions about making a submission, see section 17
851AA.'. 18
77 Section 363L(4)(b), `at the relevant office'-- 19
omit. 20
78 Section 363L(6)-- 21
omit. 22
Page 395
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 2
79 Section 364(2)(a)(i), `at the relevant office'-- 1
omit. 2
80 Section 364(3), definition relevant office-- 3
omit. 4
81 Section 372(1)(b)-- 5
omit. 6
82 Section 372(1)(c) to (h)-- 7
renumber as section 372(1)(b) to (g). 8
83 Section 374(1), from `application'-- 9
omit, insert-- 10
`application.'. 11
84 Section 386(7)(b)-- 12
omit, insert-- 13
`(b) lodge a notice stating any provisions proposed under 14
subsection (5) and whether they were included in the 15
plan.'. 16
85 Section 387(3)-- 17
omit, insert-- 18
`(3) The referral must be written and be lodged.'. 19
86 Section 387(4), `at the relevant office'-- 20
omit. 21
Page 396
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 2
87 Section 389(3)-- 1
omit, insert-- 2
`(3) The application must be in the approved form.'. 3
88 Section 389(4)(b), from `application'-- 4
omit, insert-- 5
`application.'. 6
89 Section 392AH(1), `at the relevant departmental office'-- 7
omit. 8
90 Section 392AT(b)(i), `at the relevant departmental 9
office'-- 10
omit. 11
91 Section 392BB(4), `at the relevant departmental office'-- 12
omit. 13
92 Section 392BN(7)(b), `at the relevant departmental 14
office'-- 15
omit. 16
93 Section 395(2)(b)-- 17
omit. 18
94 Section 395(2)(c) to (e)-- 19
renumber as section 395(2)(b) to (d). 20
95 Section 400(b)-- 21
omit, insert-- 22
Page 397
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 2
`(b) a copy of the agreement has been lodged; and'. 1
96 Section 409(b)-- 2
omit. 3
97 Section 409(c) to (g)-- 4
renumber as section 409(b) to (f). 5
98 Section 409A(2), `section 409(c)'-- 6
omit, insert-- 7
`section 409(b)'. 8
99 Section 419A(1)-- 9
insert-- 10
`Note-- 11
For other relevant provisions about giving the chief inspector 12
documents, see section 851AA.'. 13
100 Section 420(2), from `pipeline'-- 14
omit, insert-- 15
`pipeline.'. 16
101 Section 435(1)(d), from `amendment'-- 17
omit, insert-- 18
`amendment.'. 19
102 Section 440(b)-- 20
omit, insert-- 21
`(b) a copy of the agreement has been lodged; and'. 22
Page 398
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 2
103 Section 445(b)-- 1
omit. 2
104 Section 445(c) to (g)-- 3
renumber as section 445(b) to (f). 4
105 Section 445A(1), `section 445(c)'-- 5
omit, insert-- 6
`section 445(b)'. 7
106 Section 464(b)-- 8
omit. 9
107 Section 464(c) and (d)-- 10
renumber as section 464(b) and (c). 11
108 Section 465(2)(c)(ii), from `conditions'-- 12
omit, insert-- 13
`conditions.'. 14
109 Section 475(b)-- 15
omit. 16
110 Section 475(c)-- 17
renumber as section 475(b). 18
111 Section 480(b)-- 19
omit. 20
Page 399
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 2
112 Section 480(c) and (d)-- 1
renumber as section 480(b) and (c). 2
113 Section 489(3)(b), from `amount'-- 3
omit, insert-- 4
`amount.'. 5
114 Section 529(b)-- 6
omit, insert-- 7
`(b) the first authority holder has lodged a notice stating the 8
consent has been given.'. 9
115 Section 543(2), from `test'-- 10
omit, insert-- 11
`test.'. 12
116 Section 544(5)-- 13
omit. 14
117 Section 544(6)-- 15
renumber as section 544(5). 16
118 Section 545(2) and note-- 17
omit. 18
119 Section 546(2)-- 19
omit. 20
120 Section 546A(3)-- 21
omit. 22
Page 400
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 2
121 Section 552(4)-- 1
omit. 2
122 Section 552(5)-- 3
renumber as section 552(4). 4
123 Section 553(3)-- 5
omit, insert-- 6
`(3) A notice under subsection (1)(b) may state-- 7
(a) a format required for giving the information; and 8
(b) a degree of precision required for the giving of the 9
information.'. 10
124 Section 564(1)(c), `section 568'-- 11
omit, insert-- 12
`section 569'. 13
125 Section 576(1)(b)-- 14
omit. 15
126 Section 576(1)(c)-- 16
renumber as section 576(1)(b). 17
127 Section 577(3)-- 18
omit, insert-- 19
`(3) The application notice must state the reasons for the proposed 20
surrender.'. 21
128 Section 587(3)(b), from `action'-- 22
omit, insert-- 23
Page 401
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 2
`action.'. 1
129 Section 622(2)(b)-- 2
omit. 3
130 Section 622(2)(c)-- 4
renumber as section 622(2)(b). 5
131 Section 625(4)(c), from `cancellation'-- 6
omit, insert-- 7
`cancellation.'. 8
132 Section 644(2)(b)(ii)-- 9
omit, insert-- 10
`(ii) lodge submissions as to why the scheme complies 11
with section 637, or that a revision is not required 12
under section 639.'. 13
133 Section 649(2)-- 14
omit. 15
134 Section 650(2)-- 16
omit. 17
135 Section 650(3) and (4)-- 18
renumber as section 650(2) and (3). 19
136 Section 652(3)-- 20
omit. 21
Page 402
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 2
137 Section 652(4)-- 1
renumber as section 652(3). 2
138 Section 652(3), as renumbered, `subsection (4)'-- 3
omit, insert-- 4
`subsection (3)'. 5
139 Section 653(1)(c)-- 6
omit, insert-- 7
`(c) lodge a copy of the report.'. 8
140 Section 666(4)(a)-- 9
omit, insert-- 10
`(a) lodge a copy of it; and'. 11
141 Section 666(6)(b)-- 12
omit, insert-- 13
`(b) lodge a copy of it.'. 14
142 Section 679(2)(b)(ii), from `section'-- 15
omit, insert-- 16
`section.'. 17
143 Section 689(1), after `lodge'-- 18
insert-- 19
`with the chief inspector'. 20
144 Section 689(2)-- 21
omit. 22
Page 403
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 2
145 Section 689(3) and (4)-- 1
renumber as section 689(2) and (3). 2
146 Section 705C(3)-- 3
omit, insert-- 4
`(3) The referral must be written and be lodged.'. 5
147 Section 705C(4), `at the relevant office'-- 6
omit. 7
148 Section 728A(b)-- 8
omit. 9
149 Section 728A(c)-- 10
renumber as section 728A(b). 11
150 Section 769(5)-- 12
omit. 13
151 Section 769(6) and (7)-- 14
renumber as section 769(5) and (6). 15
152 Section 790(1)(e)(ii), `at the relevant office'-- 16
omit. 17
153 Section 790(7)-- 18
omit. 19
154 Section 794(2)(a)(v), from `end'-- 20
omit, insert-- 21
Page 404
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 2
`end; and'. 1
155 Section 796(1)(e), from `action'-- 2
omit, insert-- 3
`action.'. 4
156 Section 818(c)-- 5
omit. 6
157 Section 825(2)-- 7
omit, insert-- 8
`(2) A copy of the notice must be lodged.'. 9
158 Section 845(2)-- 10
omit. 11
159 Section 845(3) and (4)-- 12
renumber as section 845(2) and (3). 13
160 Section 849(2)-- 14
omit. 15
161 Section 849(3) and (4)-- 16
renumber as section 849(2) and (3). 17
162 Section 852(1), `notice lodged at the relevant office'-- 18
omit, insert-- 19
`lodged notice'. 20
Page 405
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 2
163 Section 852(3), definition relevant office-- 1
omit. 2
164 Section 910(1)(a)(i), `and (j)'-- 3
omit, insert-- 4
`and (i)'. 5
165 Section 910(1)(b)(i), `and (h)'-- 6
omit, insert-- 7
`and (g)'. 8
Page 406
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 3
Schedule 3 Consequential amendments for 1
the restructure of the 2
Mineral Resources Act 1989 3
section 323 4
Aboriginal Cultural Heritage Act 2003 5
1 Schedule 2, definition native title mining provisions-- 6
omit, insert-- 7
`native title mining provisions means the provisions of the 8
Mineral Resources Act 1989 that are the native title provisions 9
under that Act.'. 10
City of Brisbane Act 2010 11
1 Schedule, definition owner, paragraph 1(g), after 12
`schedule'-- 13
insert-- 14
`2'. 15
Coal Mining Safety and Health Act 1999 16
1 Section 62A(2), editor's notes-- 17
omit, insert-- 18
`Notes-- 19
Page 407
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 3
1 See the Petroleum and Gas (Production and Safety) Act 2004, 1
sections 675 (Content requirements for safety management plans) 2
and 388 (Additional content requirements). 3
2 For mineral hydrocarbon mining leases as defined under the 4
Mineral Resources Act 1989, chapter 15, part 2, division 6, see 5
section 747 (Continuation of particular rights relating to coal seam 6
gas under mineral hydrocarbon mining leases) of that Act and the 7
Petroleum and Gas (Production and Safety) Act 2004, section 671 8
(Limitation for facility or pipeline included in coal mining 9
operation).'. 10
Environmental Protection Act 1994 11
1 Section 270(4)(a), editor's note-- 12
omit, insert-- 13
`Note-- 14
See the following provisions of the Mineral Resources Act-- 15
· section 93 (Renewal of mining claim) 16
· section 147(2) (Application for renewal of exploration 17
permit) 18
· section 197 (Application for renewal of mineral 19
development licence) 20
· section 286 (Application for renewal of mining lease 21
· schedule 1A, part 3, division 5 (Renewals of mining claims) 22
· schedule 1A, part 4, division 5 (Renewals of exploration 23
permits) 24
· schedule 1A, part 5, division 5 (Renewals of mineral 25
development licences) 26
· schedule 1A, part 6, division 5 (Renewals of mining 27
leases).'. 28
Page 408
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 3
Geothermal Energy Act 2010 1
1 Sections 8(b) and 321(2)(d)(i)(B), `part 7AAC'-- 2
omit, insert-- 3
`chapter 9'. 4
Greenhouse Gas Storage Act 2009 5
1 Sections 8(b) and 380(2)(d)(i)(B), `part 7AAC'-- 6
omit, insert-- 7
`chapter 9'. 8
Land Court Act 2000 9
1 Section 32G(5), definition native title (mining) 10
provisions-- 11
omit, insert-- 12
`native title (mining) provisions means the provisions of the 13
Mineral Resources Act that are the native title provisions 14
under that Act.'. 15
2 Section 32G(5), definition negotiated agreement, 16
paragraphs (a) to (c)-- 17
omit, insert-- 18
`(a) an access agreement under the Mineral Resources Act, 19
schedule 1A, part 2, part 4, division 2 or part 5, division 20
2; or 21
Page 409
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 3
(b) a negotiated agreement under the Mineral Resources 1
Act, schedule 1A, part 6, division 4; or 2
(c) an agreement about the payment of compensation 3
mentioned in the Mineral Resources Act, schedule 1A, 4
part 7; or'. 5
3 Section 32I(4), definition contract conditions, paragraph 6
(b), `part 17, division 4'-- 7
omit, insert-- 8
`schedule 1A, part 6, division 4'. 9
4 Section 32I(4), definition relevant provision, `section 10
675(1)(b)(ii)'-- 11
omit, insert-- 12
`schedule 1A, section 675(1)(b)(ii)'. 13
Local Government Act 2009 14
1 Schedule 4, definition owner, paragraph (a)(vii), after 15
`schedule'-- 16
insert-- 17
`2'. 18
Page 410
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 3
Mineral Resources Act 1989 1
1 Particular cross-references in particular headings or 2
provisions-- 3
Each heading or provision mentioned in column 1 is amended 4
by omitting the words mentioned in column 2 and inserting 5
the words mentioned in column 3-- 6
Column 1 Column 2 Column 3
Heading or provision Words omitted Words inserted
section 3A(1), note, part 7AA chapter 8
paragraph (a) (as inserted by
this Act)
section 3B(a) part 7AAC chapter 9
section 6(2)(c), note 2 (as part 7AA, division 8, chapter 8, part 8, division 1
inserted by this Act) subdivision 1
section 10A(1) part 3 chapter 2
section 10A(3) part 10, division 1B chapter 13, part 2
section 13, heading div pt
section 13 division part
section 24(1)(a) part chapter
section 25(8) section 433 schedule 1A, section 433
section 44 part 9 chapter 11
section 59 part chapter
section 64A(1)(c) section 462, part 17, division schedule 1A, section 462,
4 schedule 1A, part 6, division
4
section 64A(1)(c)(i) section 652 schedule 1A, section 652
section 64A(1)(c)(ii) part 17, division 4 schedule 1A, part 6, division
4
section 73(1) part chapter
section 74(2)(a) part chapter
Page 411
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 3
Column 1 Column 2 Column 3
Heading or provision Words omitted Words inserted
section 78(1) part chapter
section 78(2)(c) part chapter
section 81(1)(o) part chapter
section 81(5)(b) part chapter
section 81(5)(c) part chapter
section 81A(1)(a) part 17, division 4 schedule 1A, part 6, division
4
section 85(8)(e) part chapter
section 87(3) part chapter
section 93(4) (as inserted by part 14 schedule 1A, part 3
this Act)
section 115 part 9 chapter 11
section 141A(1)(a) part 17, division 4 schedule 1A, part 6, division
4
section 141C(2) part chapter
section 148(1) part chapter
section 160(5) (as amended part 7AAAC chapter 7, part 2
and renumbered by this Act)
section 167(2) part chapter
section 167(3) part chapter
section 176A(2) part chapter
section 193(5)(a) (as part 7AAAC chapter 7, part 2
amended by this Act)
section 194AA(1)(a) part 17, division 4 schedule 1A, part 6, division
4
section 209(5) (as amended part 7AAAC chapter 7, part 2
and renumbered by this Act)
section 231A, heading pts 6 and 6A pts 1 and 2
section 231A(2) Part 6 Part 1
Page 412
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 3
Column 1 Column 2 Column 3
Heading or provision Words omitted Words inserted
section 231A(4) part 6 part 1
section 231B(2), note part 6 part 1
section 231I(1) (as amended part 7AAAB, divisions 2 and chapter 7, part 1, divisions 2
by this Act) 3 and 3
section 235(1) part 7AA, division 8, chapter 8, part 8, division 1
subdivision 1
section 236(3) part 9 chapter 11
section 245(1A) part 7AA chapter 8
section 252A(1)(c) part 17, division 4, schedule 1A, part 6, division
4,
section 252A(1)(c)(i) section 652 schedule 1A, section 652
section 252A(1)(c)(ii) part 17, division 4 schedule 1A, part 6, division
4
section 271(c) (as inserted by part 17, division 4 schedule 1A, part 6, division
this Act) 4
section 276A(1)(a) part 17, division 4 schedule 1A, part 6, division
4
section 286A(1) part 17, division 5 schedule 1A, part 6, division
5
section 298(1), note (as part 7AA, division 8, chapter 8, part 8, division 1
inserted by this Act) subdivision 1
section 311 part 9 chapter 11
section 318AAA, heading pts 7 and 7AAA pts 1 and 2
section 318AAA(2) Part 7 Part 1
section 318AAA(4) part 7 part 1
section 318AAB(2), note part 7 part 1
section 318AAK(1) (as part 7AAAB, divisions 2 and chapter 7, part 1, divisions 2
amended by this Act) 3 and 3
section 318AAN, heading (as pt 7AAAB pt 1
inserted by this Act)
Page 413
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 3
Column 1 Column 2 Column 3
Heading or provision Words omitted Words inserted
section 318AAO, heading (as pt 7AAAB pt 1
inserted by this Act)
section 318AAZ(2), note (as part 7AAAE part 4
inserted by this Act)
section 318AAZA, heading pt 7AAAC pt 2
(as inserted by this Act)
section 318AAZB, heading pt 7AAAC pt 2
(as inserted by this Act)
section 318AAZE, heading pt 7AAAD pt 3
(as inserted by this Act)
section 318A, heading pt 7AA ch 8
section 318A this part this chapter
section 318A(a), note (as division 8, subdivision 1 part 8, division 1
inserted by this Act)
section 318A(c), note (as part 19, chapter 15, part 2,
inserted by this Act)
section 318AA(1) this part this chapter
section 318AA(1)(a), note (as part 19 chapter 15, part 2
inserted by this Act)
section 318AA(2)(a) part 19, division 6 chapter 15, part 2, division 6
section 318AB, heading (as pts 5-7 and 7AAAB chs 4-6 and ch 7, pt 1
amended by this Act)
section 318AB (as amended this part this chapter
by this Act)
section 318AB (as amended parts 5 to 7 and 7AAAB chapters 4 to 6 and chapter 7,
by this Act) part 1
section 318AH(1) division part
section 318AL, heading pt 7AA ch 8
section 318AL(1) part chapter
section 318AL(2) part chapter
Page 414
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 3
Column 1 Column 2 Column 3
Heading or provision Words omitted Words inserted
section 318AM, heading Part Chapter
section 318AM part chapter
section 318AN(1) subdivision division
section 318AO, heading div 2 pt 2
section 318AO(1) division part
section 318AO(2) division part
section 318AP(1)(b), note (as division 9, subdivision 2 part 9, division 2
inserted by this Act)
section 318AQ(1) division part
section 318AQ(3) division part
section 318AQ(4) division 5 or 6 part 5 or 6
section 318AR(1) division part
section 318AR(3) part 7 chapter 6, part 1
section 318AT(1)(b)(ii), note division 10 part 10
(as inserted by this Act)
section 318AV, note (as division 10 part 10
inserted by this Act)
section 318AX(3), note (as division 10 part 10
inserted by this Act)
section 318BA(1) subdivision division
section 318BA(2) subdivision division
section 318BA(4), definition part 7 chapter 6, part 1
relevant codes, note 1
section 318BA(4), definition part 7 and subdivision 8 chapter 6, part 1 and division
relevant codes, note 2 8
section 318BF, heading sdiv 7 div 7
section 318BF subdivision division
section 318BK, heading sdiv 8 div 8
Page 415
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 3
Column 1 Column 2 Column 3
Heading or provision Words omitted Words inserted
section 318BK subdivision division
section 318BO, heading div 3 pt 3
section 318BO division part
section 318BQ(1)(a) division part
section 318BQ(1)(b), note division 5 part 5
section 318BQ(3) division part
section 318BQ(4) division 5 or 6 part 5 or 6
section 318BR(1) division part
section 318BR(3) part 7 chapter 6, part 1
section 318BT Division 2, subdivision 5 Part 2, division 5
section 318BV(2) part 7 or this part chapter 6 or this chapter
section 318BV(3) part 7 or this part chapter 6 or this chapter
section 318BW, heading div 5 pt 5
section 318BW division part
section 318BX(b), note (as division 9, subdivision 2 part 9, division 2
inserted by this Act)
section 318BY(1)(a) division part
section 318BY(3) division 2 part 2
section 318C, note (as division 10 part 10
inserted by this Act)
section 318CA(1), note (as division 8, subdivision 1 part 8, division 1
inserted by this Act)
section 318CA(2), note (as division 10 part 10
inserted by this Act)
section 318CC, heading div 6 pt 6
section 318CC division part
section 318CD(b), note (as division 9, subdivision 2 part 9, division 2
inserted by this Act)
Page 416
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 3
Column 1 Column 2 Column 3
Heading or provision Words omitted Words inserted
section 318CE(1)(a) division part
section 318CE(3) division 2 part 2
section 318CL, heading div 8 pt 8
section 318CL(1) This division This part
section 318CL(1), note (as part 19 chapter 15, part 2
inserted by this Act)
section 318CL(2) subdivision division
section 318CP, heading sdiv 2 div 2
section 318CP subdivision division
section 318D, heading sdiv 4 div 4
section 318D subdivision division
section 318DB, note (as division 10 part 10
inserted by this Act)
section 318DE(3), note (as division 10 part 10
inserted by this Act)
section 318DG(3) Division 9, subdivision 4 Part 9, division 4
section 318DJ(2), definition division 9, subdivision 4 part 9, division 4
adopted provisions,
paragraph (b)
section 318DJ(2), definition division 2, subdivisions 2 part 2, divisions 2 and 4
adopted provisions, and 4
paragraph (c)
section 318DJ(2), definition division 3 part 3
adopted provisions,
paragraph (d)
section 318DJ(2), definition division 5 part 5
adopted provisions,
paragraph (e)
section 318DK(1) division part
section 318DM(3), note (as division 9, subdivision 2 part 9, division 2
inserted by this Act)
Page 417
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 3
Column 1 Column 2 Column 3
Heading or provision Words omitted Words inserted
section 318DQ, note division part
section 318DQ, note subdivision division
section 318DR, note (as part 19 chapter 15, part 2
inserted by this Act)
section 318DS, heading sdiv 2 div 2
section 318DS subdivision division
section 318DV(a) part chapter
section 318DY, heading sdiv 3 div 3
section 318DY subdivision division
section 318ED(1)(a), note (as subdivision 2 division 2
inserted by this Act)
section 318EJ, heading div 10 pt 10
section 318EJ(1) part chapter
section 318EJ division part
section 318ELAA, heading pt 7AAB pt 1
section 318ELAD(2) section 318ELAK section 334O
section 318ELAE(2) section 318ELAF section 334J
section 318ELAG(1) section 318ELAE section 334I
section 318ELAI(2) section 318ELAE section 334I
section 318ELAM, heading pts 3 to 7AAB chs 2 to 8 and ch 12, pt 1
section 318ELAM part chapter
section 318ELAM parts 3 to 7AAB chapters 2 to 8 and chapter
12, part 1
section 318ELAM(6) parts 3 and 7 chapters 2 and 6
section 318ELAO part and parts 3 to 7AAB chapter, chapters 2 to 8 and
chapter 12, part 1
section 318ELAP, heading div 2 pt 2
Page 418
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 3
Column 1 Column 2 Column 3
Heading or provision Words omitted Words inserted
section 318ELAP division part
section 318ELAQ(1), note Part 7AA, division 9 Chapter 8, part 9
section 318ELAU, heading sdiv div
section 318ELAU(1) subdivision division
section 318ELAU(2) this subdivision this division
section 318ELAU(2), note part 7 as affected by chapter 6, part 1 as affected
subdivision 7 by division 7
section 318ELAV, heading sdiv div
section 318ELAV subdivision division
section 318ELAY, heading sdiv div
section 318ELAY subdivision division
section 318ELBD(a) subdivision division
section 318ELBE, heading sdiv div
section 318ELBE subdivision division
section 318ELBH(2)(c) subdivision division
section 318ELBL, heading div pt
section 318ELBL division part
section 318ELBM(a) (as part 7, part 7AA or this part chapter 6, chapter 8 or this
inserted by this Act) chapter
section 318ELBM(b) (as part 7, part 7AA or this part chapter 6, chapter 8 or this
inserted by this Act) chapter
section 318EM, heading pt 7A ch 10
section 318EM(1) part chapter
section 318EY(1) part chapter
section 320(3) part chapter
section 320(8) part chapter
section 322(1) part chapter
Page 419
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 3
Column 1 Column 2 Column 3
Heading or provision Words omitted Words inserted
section 324(1) part chapter
section 326(1) part chapter
section 327(1)(b) and (c) part chapter
section 332 this part this chapter
section 333 this part this chapter
section 334A, heading div 4 pt 4
section 334A division part
section 334A, definition part chapter
confidential information
section 334B(1) division part
section 334C(1) division part
section 335E division part
section 335F, heading div 1B pt 2
section 335F division part
section 335G(1) and (2) division part
section 336(3) division 1A or 1B part 1 or 2
section 344, heading div 2AA pt 5
section 344 division part
section 344C(1) division part
section 344D division part
section 381A, heading pt 10AA pt 2
section 381A, definition section 381B section 334R
Collingwood Park State
guarantee or guarantee
section 382, heading pt 10A pt 3
section 382, definition low section 482 for part 15 schedule 1A, section 482 for
impact activity, paragraph (a) schedule 1A, part 4
Page 420
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 3
Column 1 Column 2 Column 3
Heading or provision Words omitted Words inserted
section 382, definition low section 538 for part 16 schedule 1A, section 538 for
impact activity, paragraph (b) schedule 1A, part 5
section 382, definition section 385 or 386 section 334Y or 334Z
person
section 386 section 383 or 384 section 334W or 334X
section 386A(5) sections 383 and 384 sections 334W and 334X
section 386J(7), definition part 10, division 1A chapter 13, part 1
application, paragraph (b) (as
inserted by this Act)
section 386L(5), definition part 4 chapter 3
relevant person, paragraph (a)
(as inserted by this Act)
section 387(1)(e) (as inserted part 7AAAD chapter 7, part 3
by this Act)
section 401A(1) (as amended part 7AAAB, division 3 chapter 7, part 1, division 3
by this Act)
section 401A(4), definition part 7AAAB, division 3 chapter 7, part 1, division 3
relevant matter, paragraph (c)
(as amended by this Act)
section 416 418B 334ZM
section 418B(1)(a) section 418A section 334ZK
section 419(2) parts 13 to 18, and part 19, parts 2 to 7, and chapter 15,
division 2 part 2, division 2
section 419(3) parts 13 to 18, and part 19, parts 2 to 7, and chapter 15,
division 2 part 2, division 2
section 419(4) Parts 12 to 17 Parts 1 to 6
section 420, heading pts 13-17 pts 2-6
section 420 Parts 13 to 17 Parts 2 to 6
section 425, heading pt 13 pt 2
section 425(a)(i) part 3 chapter 2
section 426, heading pt 13 pt 2
Page 421
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 3
Column 1 Column 2 Column 3
Heading or provision Words omitted Words inserted
section 426(3) part 3 chapter 2
section 427, heading pt 13 pt 2
section 428, heading pt 13 pt 2
section 429, heading pt 13 pt 2
section 430, heading pt 13 pt 2
section 434A(1)(f) part 18 part 7
section 436A(3)(b) part 18 part 7
section 439, heading pt 14 pt 3
section 439(a) part 4 chapter 3
section 440, heading pt 14 pt 3
section 462(3) part 4 chapter 3
section 463(1) part 17, division 4 part 6, division 4
section 464, heading pt 17, div 4 pt 6, div 4
section 464(1)(a) part 17, division 4 part 6, division 4
section 464(7) part 17, division 4 to a part 6, division 4 to a
provision of part 7 is provision of chapter 6, part 1
taken to be a reference to a is taken to be a reference to a
corresponding provision of corresponding provision of
part 4 chapter 3
section 465(8) part 4 chapter 3
section 471(5) part 17, division 4, part 6, division 4,
subdivisions 4 and 5 subdivisions 4 and 5
section 472(8) part 4 chapter 3
section 478(5) part 17, division 4, part 6, division 4,
subdivisions 4 and 5 subdivisions 4 and 5
section 479, heading pt 15 pt 4
section 479(1)(a)(i) part 5 chapter 4
section 479(2)(a) part 5 chapter 4
Page 422
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 3
Column 1 Column 2 Column 3
Heading or provision Words omitted Words inserted
section 480, heading pt 15 pt 4
section 484(3) part 5 chapter 4
section 489A(1)(f) part 18 part 7
section 491A(3)(b) part 18 part 7
section 522(3) part 5 chapter 4
section 523(1) part 17, division 4 part 6, division 4
section 524, heading pt 17, div 4 pt 6, div 4
section 524(1)(a) part 17, division 4 part 6, division 4
section 524(4) (as part 17, division 4, part 6, division 4,
renumbered by this Act) subdivisions 4 and 5 subdivisions 4 and 5
section 524(5) (as part 17, division 4, part 6, division 4, subdivision
renumbered by this Act) subdivision 7 7
section 524(7) (as part 17, division 4, part 6, division 4, subdivision
renumbered by this Act) subdivision 6 6
section 524(8) (as part 17, division 4 to a part 6, division 4 to a
renumbered by this Act) provision of part 7 is provision of chapter 6, part 1
taken to be a reference to a is taken to be a reference to a
corresponding provision of corresponding provision of
part 5 chapter 4
section 525(8) part 5 chapter 4
section 531(4) part 5 chapter 4
section 535, heading pt 16 pt 5
section 535(1)(a)(i) part 6 chapter 5
section 535(2)(a) part 6 chapter 5
section 536, heading pt 16 pt 5
section 540(3) part 6 chapter 5
section 545A(1)(f) part 18 part 7
section 547(2) Part 10, division 1B chapter 13, part 2
section 547A(3)(b) part 18 part 7
Page 423
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 3
Column 1 Column 2 Column 3
Heading or provision Words omitted Words inserted
section 579(3) part 6 chapter 5
section 580(1) part 17 part 6
section 581, heading pt 17 pt 6
section 581(1)(a) part 17 part 6
section 581(4) (as part 17 part 6
renumbered by this Act)
section 581(5) (as part 17 part 6
renumbered by this Act)
section 581(7) (as part 17 part 6
renumbered by this Act)
section 581(8) (as part 17, division 4 to a part 6, division 4 to a
renumbered by this Act) provision of part 7 is provision of chapter 6, part 1
taken to be a reference to a is taken to be a reference to a
corresponding provision of corresponding provision of
part 6 chapter 5
section 582(8) part 6 chapter 5
section 588(4) part 6 chapter 5
section 593, heading pt 17 pt 6
section 593(a) part 7 chapter 6, part 1
section 594, heading pt 17 pt 6
section 596(3), definition part 15 or 16 part 4 or 5
relevant agreement
section 596(3), definition part 15 or 16 part 4 or 5
relevant hearing
section 650(3) part 7 chapter 6, part 1
section 675(2) part 18 part 7
section 681(4) part 18 part 7
section 681(5) part 18 part 7
section 686(3) part 18 part 7
Page 424
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 3
Column 1 Column 2 Column 3
Heading or provision Words omitted Words inserted
section 689(8) part 7 chapter 6, part 1
section 697(8) part 7 chapter 6, part 1
section 706, heading pt 18 pt 7
section 706, definition part 13 part 2
relevant act, paragraph (a)(i)
section 706, definition part 14 or 17 part 3 or 6
relevant act, paragraph
(a)(ii)
section 706, definition part 15 or 16 part 4 or 5
relevant act, paragraph
(a)(iii)
section 706, definition part 13 would apply, or part part 2 would apply, or part 3
relevant act, paragraph (b) 14 or 17, division 4, 5 or 6 or 6, division 4, 5 or 6 would
would apply, or part 15 or apply, or part 4 or 5
16
section 706, definition part 14, 15, 16 or 17 part 3, 4, 5 or 6
relevant act, paragraph (c)
section 722A, heading pt 18A pt 4
section 722B(8) sections 722D and 722E sections 334ZE and 334ZF
section 722C(1)(b) section 722D or 722E section 334ZE or 334ZF
section 722EA(1) section 722D or 722E section 334ZE or 334ZF
section 722EB(2) section 722D or 722E section 334ZE or 334ZF
section 722EB(4), definition section 722B(7) section 334ZC(7)
excluded land, paragraph (b)
section 722F(2) section 722C section 334ZD
schedule 1, section 21(2)(b) part 10, division 1B chapter 13, part 2
Page 425
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 3
2 Particular cross-references in particular definitions-- 1
Each definition or part of a definition in schedule 2 mentioned 2
in column 1 is amended by omitting the words mentioned in 3
column 2 and inserting the words mentioned in column 3-- 4
Column 1 Column 2 Column 3
Definition Words omitted Words inserted
definition abandoned mine part 10, division 2AA chapter 13, part 5
(as inserted by this Act)
definition approved opal or section 422 schedule 1A, section 422
gem mining area
definition assessable transfer part 7AAAB chapter 7, part 1
(as inserted by this Act)
definition authorised person part 10, division 2AA chapter 13, part 5
(as inserted by this Act)
definition assessment criteria part 7AAC chapter 9
definition Cherwell Creek (as part 18A, see section 722A chapter 12, part 4, see section
inserted by this Act) 334ZB
definition commencement day part 18A, see section 722A chapter 12, part 4, see section
(as inserted by this Act) 334ZB
definition compensation part 7A chapter 10
agreement
definition compensation part 7A chapter 10
application
definition confidential part 9, division 4 chapter 11, part 4
information
definition decision section 422 schedule 1A, section 422
definition eligible person, parts 6A and 7AAA chapter 5, part 2 and chapter
paragraph (a) 6, part 2
definition eligible person, part 6A chapter 5, part 2
paragraph (b)
definition eligible person, part 7AAA chapter 6, part 2
paragraph (c)
definition eligible person, part 6A chapter 5, part 2
paragraph (c)
Page 426
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 3
Column 1 Column 2 Column 3
Definition Words omitted Words inserted
definition exploration permit part 5 chapter 4
definition holder part 3, division 1 chapter 2, part 1
definition information-giver part 7AA, division 10 chapter 8, part 10
definition information part 7AAC chapter 9
statement
definition mineral part 6A chapter 5, part 2
development licence,
paragraph (a)
definition mineral part 6A--a mineral chapter 5, part 2--a mineral
development licence, development licence under development licence under
paragraph (b) part 6 or part 6A chapter 5, part 1 or 2
definition mining claim part 4 chapter 3
definition mining lease, part 7AAA chapter 6, part 2
paragraph (a)
definition mining lease, part 7AAA--a mining lease chapter 6, part 2--a mining
paragraph (b) under part 7 or part 7AAA lease under chapter 6, part 1
or 2
definition mining lease part 7AA, division 8, chapter 8, part 8, divisions 1
holder subdivisions 1 and 2 and 2
definition native title section 422 schedule 1A, section 422
notification party
definition non-assessable part 7AAAB chapter 7, part 1
transfer (as inserted by this
Act)
definition non-exclusive land section 422 schedule 1A, section 422
definition notifiable road use part 7A chapter 10
definition oil shale activity section 318ELAE(1) section 334I(1)
definition oil shale mining section 318ELAB section 334F
tenement
definition overlapping part 7AAC chapter 9
authority application period
definition overlapping lease part 7AAC chapter 9
Page 427
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 3
Column 1 Column 2 Column 3
Definition Words omitted Words inserted
definition overlapping part 7AAC chapter 9
permit
definition overlapping tenure part 7AAC, division 2 chapter 9, part 2
(as inserted by this Act)
definition parties, paragraph part 10, division 1B chapter 13, part 2
(a)
definition prescribed persons part 18A, see section 722A chapter 12, part 4, see section
(as inserted by this Act) 334ZB
definition prospecting permit part 3 chapter 2
definition public official part 9, division 4 chapter 11, part 4
definition recipient part 7AA, division 10 chapter 8, part 10
definition registered native section 422 schedule 1A, section 422
title rights and interests
definition rehabilitation part 10, division 2AA chapter 13, part 5
activities (as inserted by this
Act)
definition relevant special section 422 schedule 1A, section 422
interest publication
definition resource part 7AAC, division 2 chapter 9, part 2
management decision (as
inserted by this Act)
definition right to negotiate section 422 schedule 1A, section 422
provisions
definition road authority part 7A chapter 10
definition submission period part 7AA, division 2 chapter 8, part 2
definition the public interest part 7AA chapter 8
3 Schedule 2-- 1
omit the following definitions-- 2
· access agreement 3
Page 428
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 3
· affected land 1
· applicant (both occurring) 2
· application notice 3
· approval 4
· closing day (native title issues) 5
· Collingwood Park State guarantee or guarantee 6
· combined hearing 7
· compensation decision 8
· compensation trust decision 9
· consultation and negotiation parties 10
· consultation period 11
· consultation period advice day 12
· contract conditions 13
· high impact exploration permit 14
· high impact mineral development licence 15
· lake 16
· limited hand sampling techniques 17
· low impact activity 18
· low impact exploration permit 19
· low impact mineral development licence 20
· low impact prospecting permit 21
· Minister's decision 22
· moratorium period 23
· native title issues decision 24
· native title provisions 25
· negotiated agreement 26
· nominated waterway 27
· notification day (native title issues) 28
Page 429
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 3
· person 1
· proposed wild river area 2
· registered native title party 3
· registrar 4
· relevant act 5
· urgency notice 6
· watercourse 7
· wild river high preservation area 8
· wild river preservation area 9
4 Schedule 2-- 10
insert-- 11
`access agreement-- 12
(a) for schedule 1A, part 2--see schedule 1A, section 429; 13
or 14
(b) for schedule 1A, part 4, division 2--see schedule 1A, 15
section 485; or 16
(c) for schedule 1A, part 5, division 2--see schedule 1A, 17
section 541. 18
affected land, for chapter 12, part 2, see section 334Q. 19
applicant-- 20
(a) for chapter 9--see section 318ELAP(a); or 21
(b) for the native title provisions generally--see schedule 22
1A, section 422; or 23
(c) for schedule 1A, part 2--see schedule 1A, section 429; 24
or 25
(d) for schedule 1A, part 4, division 2--see schedule 1A, 26
section 485; or 27
(e) for schedule 1A, part 5, division 2--see schedule 1A, 28
section 541; or 29
Page 430
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 3
(f) for schedule 1A, part 6, division 4--see schedule 1A, 1
section 651. 2
application notice-- 3
(a) for schedule 1A, part 2--see schedule 1A, section 4
431(1); or 5
(b) for schedule 1A, part 4, division 2--see schedule 1A, 6
section 486(1); or 7
(c) for schedule 1A, part 5, division 2--see schedule 1A, 8
section 542(1). 9
approval, for schedule 1A, part 6, see schedule 1A, section 10
696. 11
closing day (native title issues), for schedule 1A, part 6, see 12
schedule 1A, section 653(3). 13
Collingwood Park State guarantee or guarantee, for chapter 14
12, part 2, see section 334R. 15
combined hearing, for schedule 1A, part 6, division 4, see 16
schedule 1A, section 671. 17
compensation decision, for schedule 1A, part 7, see schedule 18
1A, section 706. 19
compensation trust decision, for schedule 1A, part 7, see 20
schedule 1A, section 706. 21
consultation and negotiation parties, for schedule 1A, part 6, 22
division 4, see schedule 1A, section 658(1). 23
consultation period-- 24
(a) for schedule 1A, part 2--see schedule 1A, section 25
435(1); or 26
(b) for schedule 1A, part 4, division 2--see schedule 1A, 27
section 490(1); or 28
(c) for schedule 1A, part 5, division 2--see schedule 1A, 29
section 546(1). 30
consultation period advice day-- 31
(a) for schedule 1A, part 2--see schedule 1A, section 32
435(2); or 33
Page 431
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 3
(b) for schedule 1A, part 4, division 2--see schedule 1A, 1
section 490(2); or 2
(c) for schedule 1A, part 5, division 2--see schedule 1A, 3
section 546(2). 4
contract conditions, for schedule 1A, part 6, division 4, see 5
schedule 1A, section 675(1)(b)(ii). 6
high impact exploration permit, for schedule 1A, part 4, see 7
schedule 1A, section 483. 8
high impact mineral development licence, for schedule 1A, 9
part 5, see schedule 1A, section 539. 10
lake, for chapter 12, part 3, see section 334V. 11
limited hand sampling techniques, for chapter 12, part 3, see 12
section 334V. 13
low impact activity-- 14
(a) for chapter 12, part 3--see section 334V; or 15
(b) for schedule 1A, part 4--see schedule 1A, section 482; 16
or 17
(c) for schedule 1A, part 5--see schedule 1A, section 538. 18
low impact exploration permit, for schedule 1A, part 4, see 19
schedule 1A, section 481. 20
low impact mineral development licence, for schedule 1A, 21
part 5, see schedule 1A, section 537. 22
low impact prospecting permit, for schedule 1A, part 2, see 23
schedule 1A, section 430. 24
Minister's decision, for schedule 1A, part 6, division 4, see 25
schedule 1A, section 684(2). 26
moratorium period, for chapter 12, part 1, see section 27
334E(1). 28
native title issues decision, for schedule 1A, part 6, division 4, 29
see schedule 1A, section 669(1). 30
native title provisions means the following provisions-- 31
· schedule 1A, parts 1 to 7 32
Page 432
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 3
· chapter 15, part 2, divisions 2 and 5. 1
negotiated agreement, for schedule 1A, part 6, division 4, see 2
schedule 1A, section 659(1). 3
nominated waterway, for chapter 12, part 3, see section 334V. 4
notification day (native title issues), for schedule 1A, part 6, 5
division 4, see schedule 1A, section 653(2). 6
person, for chapter 12, part 3, see section 334V. 7
proposed wild river area, for chapter 12, part 3, see section 8
334V. 9
registered native title party-- 10
(a) for schedule 1A, part 2--see schedule 1A, section 429; 11
or 12
(b) for schedule 1A, part 4, division 2--see schedule 1A, 13
section 485; or 14
(c) for schedule 1A, part 5, division 2--see schedule 1A, 15
section 541; or 16
(d) for schedule 1A, part 6, division 4--see schedule 1A, 17
section 655. 18
registrar, for chapter 12, part 2, see section 334Q. 19
relevant act, for schedule 1A, part 7, see schedule 1A, section 20
706. 21
urgency notice, for schedule 1A, part 6, division 4, see 22
schedule 1A, section 683(2). 23
watercourse, for chapter 12, part 3, see section 334V. 24
wild river high preservation area, for chapter 12, part 3, see 25
section 334V. 26
wild river preservation area, for chapter 12, part 3, see 27
section 334V.'. 28
Page 433
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 3
Petroleum Act 1923 1
1 Sections 76H and 76I(1), `part 7AA'-- 2
omit, insert-- 3
`chapter 8'. 4
2 Section 76H(d), note, as inserted by this Act, `part 19'-- 5
omit, insert-- 6
`chapter 15, part 2'. 7
3 Section 76I(2)(e), `part 7AA and part 19, division 6'-- 8
omit, insert-- 9
`chapter 8 and chapter 15, part 2, division 6'. 10
4 Section 80U(2)(e)(i)(C), `part 7AAC'-- 11
omit, insert-- 12
`chapter 9'. 13
Petroleum and Gas (Production and Safety) Act 2004 14
1 Section 93(1)(b), `part 7AA, division 2 or 3'-- 15
omit, insert-- 16
`chapter 8, part 2 or 3'. 17
2 Section 234(6), definition relevant lease, paragraph (d), 18
note 1, `part 7AA, division 8, subdivision 1'-- 19
omit, insert-- 20
`chapter 8, part 8, division 1'. 21
Page 434
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 3
3 Section 295, `part 7AA'-- 1
omit, insert-- 2
`chapter 8'. 3
4 Section 295(d), note, `part 19, division 6'-- 4
omit, insert-- 5
`chapter 15, part 2, division 6'. 6
5 Section 296(2)(d), `part 7AA and part 19, division 6'-- 7
omit, insert-- 8
`chapter 8 and chapter 15, part 2, division 6'. 9
6 Section 315(1)(b), `part 7AA'-- 10
omit, insert-- 11
`chapter 8'. 12
7 Section 315(2), note, `part 7AA, division 4'-- 13
omit, insert-- 14
`chapter 8, part 4'. 15
8 Sections 316(2)(b)(i) and 317(2)(b)(i), `part 7AA'-- 16
omit, insert-- 17
`chapter 8'. 18
9 Section 319(4), `part 7AA, division 2, subdivision 6'-- 19
omit, insert-- 20
`chapter 8, part 2, division 6'. 21
Page 435
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 3
10 Section 324(2), note, `part 7AA, division 4'-- 1
omit, insert-- 2
`chapter 8, part 4'. 3
11 Section 349(1)(b), note, `part 7AA, division 8, subdivision 4
1'-- 5
omit, insert-- 6
`chapter 8, part 8, division 1'. 7
12 Section 791(2)(d)(i)(C), `part 7AAC'-- 8
omit, insert-- 9
`chapter 9'. 10
State Development and Public Works Organisation 11
Act 1971 12
1 Section 174(4), `part 17'-- 13
omit, insert-- 14
`schedule 1A, part 6'. 15
Torres Strait Islander Cultural Heritage Act 2003 16
1 Schedule, definition native title mining provisions-- 17
omit, insert-- 18
`native title mining provisions means the provisions of the 19
Mineral Resources Act 1989 that are the native title provisions 20
under that Act.'. 21
Page 436
Mines Legislation (Streamlining) Amendment Bill 2012
Schedule 3
Wild Rivers Act 2005 1
1 Section 10(4), `part 10A, other than section 386A'-- 2
omit, insert-- 3
`chapter 12, part 3, other than section 334ZA'. 4
2 Section 31(3), definition exploration permit, after 5
`schedule'-- 6
insert-- 7
`2'. 8
© State of Queensland 2012
Page 437
[Index] [Search] [Download] [Related Items] [Help]