Queensland Consolidated Regulations

MINERAL AND ENERGY RESOURCES (COMMON PROVISIONS) REGULATION 2016

- Made under the Mineral and Energy Resources (Common Provisions) Act 2014
- As at 9 June 2023
- Reg 169 of 2016

TABLE OF PROVISIONS

CHAPTER 1 - PRELIMINARY

   1.      Short title
   2.      Commencement
   3.      Definitions

CHAPTER 2 - DEALINGS AND CAVEATS

   PART 1 - DEALINGS

   4.      Prescribed dealings—Act, s 17
   4A.     Notifiable dealings—Act, s 17A
   5.      Prohibited dealings—Act, s 18
   6.      Transmission by death—Act, s 19B
   7.      Sale by mortgagee or holder of charge—Act, s 19B
   8.      Bankruptcy—Act, s 19B
   9.      Administration, receivership or liquidation—Act, s 19B
   10.     Deciding application for registration of prescribed dealing that is assessable transfer—Act, ss 19 and 194
   11.     Deciding application for registration of prescribed dealing other than assessable transfer—Act, ss 19 and 194
   12.     Deciding application for indicative approval—Act, ss 23 and 194
   13.     Prescribed period for application for registration after indicative approval—Act, s 23

   PART 2 - CAVEATS

   14.     Prohibited caveats—Act, s 25
   15.     Instruments not prevented from being registered—Act, s 26

CHAPTER 3 - LAND ACCESS

   PART 1 - LAND ACCESS CODE

   16.     Land access code for private land—Act, s 36

   PART 2 - PRIVATE LAND

   17.     Entry notice—Act, s 39
   18.     Maximum period for entry—Act, s 39
   19.     Application for approval to give entry notices by publication—Act, s 41 and 188
   20.     Waiver of entry notice—Act, s 42
   21.     Deferral agreement—Act, s 44
   22.     Opt-out agreement—Act, s 45
   23.     Report to owner or occupier—Act, s 54

   PART 3 - PUBLIC LAND

           Division 1 - Entry to public land

   24.     Periodic entry notice—Act, s 57
   25.     Waiver of entry notice—Act, s 60

           Division 2 - Notifiable road use

   26.     Notifiable road use—Act, s 62
   27.     Notice of notifiable road use—Act, s 63
   28.     Exempted resource authority—Act, s 65

   PART 4 - RESTRICTED LAND

   29.     Activities that are not prescribed activities—Act, s 67

   PART 5 - COMPENSATION AND NEGOTIATED ACCESS

   30.     Conduct and compensation agreement—Act, s 83
   30A.    Conference election notice—Act, s 83A
   30B.    Conduct of conference—Act, s 83B
   31.     Negotiation notice—Act, s 84
   32.     Minimum negotiation period—Act, s 85
   33.     Arbitration election notice—Act, s 91A
   34.     Requirements for road compensation agreement—Act, s 94

   PART 6 - MISCELLANEOUS

   35.     Prescribed criteria for deciding compensation by Land Court—Act, s 100
   35A.    Conduct of conference about concerns—Act, s 101F
   36.     Prescribed period for complying with requirement to give chief executive copy of notice or consent—Act, s 205
   36A.    (Repealed)
   36B.    Prescribed ADR institutes—Act, sch 2, def prescribed ADR institute

CHAPTER 4 - OVERLAPPING COAL AND PETROLEUM RESOURCE AUTHORITIES

   PART 1 - PRELIMINARY

   37.     Definitions for chapter

   PART 2 - RIGHT OF WAY FOR COAL

   38.     Notice to chief executive about new mining commencement date—Act, s 127
   39.     Prescribed threshold for petroleum production—Act, s 127
   40.     Notice to chief executive about agreed joint development plan—Act, s 130
   41.     Contract for delivery of incidental coal seam gas by ML (coal) holder—Act, s 138
   42.     Notice of offer or re-offer of supply of incidental coal seam gas—Act, s 138

   PART 3 - SUBSEQUENT PETROLEUM PRODUCTION

   43.     Notice to chief executive about agreed joint development plan—Act, s 142

   PART 4 - COMPENSATION

   44.     Definition for part
   45.     Lost production—Act, s 162
   46.     Cost of replacement of PL major gas infrastructure—Act, s 163
   47.     Cost of replacement of PL minor gas infrastructure—Act, s 164
   48.     Cost of replacement of PL connecting infrastructure—Act, s 165
   49.     Cost of abandonment of ATP major gas infrastructure—Act, s 166
   50.     Minimising compensation liability—Act, s 170
   51.     Offsetting of compensation liability—Act, s 171
   52.     Reconciliation payment—Act, s 172

   PART 5 - DISPUTE RESOLUTION

   53.     Prescribed arbitration institutes—Act, sch 2, def prescribed arbitration institute
   54.     Matters arbitrator must consider in deciding award—Act, 178
   55.     Experts appointed by arbitrator—Act, s 179

CHAPTER 5 - APPLICATIONS AND OTHER DOCUMENTS

   56.     Requirements for amending application—Act, s 191
   57.     Requirements for withdrawing application—Act, s 192
   58.     Prescribed minimum period for complying with directions about applications—Act, s 193
   59.     Prescribed place of lodging documents—Act, s 196
   60.     Prescribed way of lodging documents—Act, s 196

CHAPTER 6 - MISCELLANEOUS

   61.     Fees
   62.     Surat Basin Transitional Area—Act, s 242

CHAPTER 7 - TRANSITIONAL PROVISIONS FOR MINERAL AND ENERGY RESOURCES AND OTHER LEGISLATION AMENDMENT ACT 2020

   63.     Application for registration of prescribed dealing that is assessable transfer made before commencement—ERC decision not relevant
   64.     Particular prescribed dealings taken to be notifiable dealings
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           SCHEDULE 2
           SCHEDULE 3