Queensland Numbered Acts Queensland Numbered ActsAfter chapter 3, part 4--
insert--
'In this part--
MDLA 407 see section 363B(2).
mineral (f) production tenure, for overlapping mineral (f) land, means a tenure that authorises the production of mineral (f) for the land.
mineral (f) tenure means a mineral (f) pilot tenure or a mineral (f) production tenure.
mineral (f) pilot tenure see section363B(1).
overlapping mineral (f) land see section 363B(1).
'(1) This part applies to land (overlapping mineral (f) land) in the area of--
(a) mineral development licence 309, 374 or 385 (a mineral (f) pilot tenure); or
(b) any mineral (f) production tenure granted for land in the area of a mineral development licence mentioned in paragraph (a).
'(2) This part also applies to land the subject of mineral development licence application 407 (MDLA 407).
'(1) This part applies despite--
(a) other provisions of this chapter or the Mineral Resources Act; and
(b) the conditions or other provisions of an authority to prospect.
'(2) If this part conflicts with another provision of this chapter or the Mineral Resources Act, this part prevails to the extent of the inconsistency.
'(1) This section applies to an authorised activity for an authority to prospect in the area of overlapping mineral (f) land.
'(2) Subject to subsection (3) and section 363E, any right to carry out the activity on the overlapping mineral (f) land is suspended.
'(3) During the suspension, the authority holder may carry out an authorised activity for the authority on the overlapping mineral (f) land only if--
(a) the mineral (f) tenure holder for the land has agreed in writing to the carrying out of the activity; and
(b) a copy of the agreement has been lodged at the relevant office; and
(c) the agreement is still in force.
'(4) The suspension continues until the mineral (f) tenure ends.
'(5) In this section--
relevant office means--
(a) the office of the department for lodging an agreement mentioned in subsection (3)(a), as stated in a gazette notice by the chief executive; or
(b) if no office is stated under paragraph (a)--the office of the chief executive.
'(1) An authority to prospect holder to whom section 363D applies may, without an agreement mentioned in that section, enter the overlapping mineral (f) land to--
(a) carry out rehabilitation or environmental management required of the holder under any relevant environmental requirement under the Environmental Protection Act; or
(b) carry out low impact environmental monitoring; or
Examples--
the monitoring of air, ecology, fauna, hydrology, soil or water
(c) move, remove or maintain equipment, machinery or plant; or
(d) carry out improvement restoration for the authority to prospect; or
(e) carry out care and maintenance of disturbed areas; or
(f) carry out low impact track construction or maintenance; or
(g) use or maintain infrastructure put in place on the land before the commencement of this section; or
(h) put in place or maintain infrastructure for a purpose, or to do an activity, mentioned in paragraphs (d) to (g); or
(i) construct pipelines for transporting water in the area of mineral development licence 374 for infrastructure mentioned in paragraph (g), if--
(i) the construction is an authorised activity for the authority to prospect; and
(ii) the mineral (f) tenure holder for the land has agreed in writing to the location of the pipelines; and
(iii) a copy of the agreement has been lodged at the relevant office; and
(iv) the agreement is still in force.
'(2) Subsection (1) is subject to section 363F.
'(3) The authority holder's rights and obligations under the rest of this Act continue to apply for an entry and the carrying out of an activity authorised under subsection (1).
'(4) In this section--
improvement restoration, for an authority to prospect, means the repair of any damage caused by an activity under the authority to all pre-existing improvements on, or attached to, the land subject to the authority by--
(a) restoring them to the same, or substantially the same, condition they were in before the damage happened; or
(b) replacing them with another improvement in the condition mentioned in paragraph (a).
relevant office means--
(a) the office of the department for lodging an agreement mentioned in subsection (1)(i)(iii), as stated in a gazette notice by the chief executive; or
(b) if no office is stated under paragraph (a)--the office of the chief executive.
rest of this Act means the provisions of this Act other than this part.
'Before entering land under section 363E(1), an authority to prospect holder must, at least 10 business days before the entry, give the mineral (f) tenure holder for the land a notice stating the following--
(a) the area of the overlapping mineral (f) land proposed to be entered;
(b) the period during which the land will be entered (the entry period);
(c) the activities proposed to be carried out on the land under section 363E(1);
(d) when and where the activities are proposed to be carried out.
'(1) This section applies if the Minister is satisfied that, because of section 363D, the holder of an authority to prospect is not able to, or will not be able to, carry out all or any authorised activities for the authority.
'(2) The Minister may, by giving notice to the authority holder, decide to suspend or limit any of the performance requirements for the authority to prospect, for all or part of the term of the authority.
'(3) During the suspension or limitation, the obligation does not apply to the extent of the suspension or limitation.
'(4) In this section--
performance requirement means an obligation under this Act or a condition of an authority to prospect, and includes an obligation about relinquishment.,
'(1) This section applies if there is a dispute about any of the following--
(a) a right to carry out an authorised activity under section 363D;
(b) a right to enter overlapping mineral (f) land under section 363E;
(c) any request made by a mineral (f) tenure holder to an authority to prospect holder to remove or modify infrastructure on overlapping mineral (f) land, if the infrastructure was put in place on the land under--
(i) an agreement entered into under section 363D(3); or
(ii) section 363E(1).
'(2) The parties must use all reasonable endeavours to attempt to resolve the dispute.
'(3) After complying with subsection (2), either of the parties may, by a notice in the approved form, ask the Minister to decide whether the entry is allowed or the activity may be carried out.
'(4) Before making a decision, the Minister must give the parties an opportunity to make submissions about the request within a reasonable period.
'(5) Also before making the decision, the Minister may refer the dispute under section 363I to the Land Court for it to make recommendations about deciding the dispute.
'(1) A referral by the Minister under section 363H(5) must be made by filing a notice in the approved form with the registrar of the Land Court.
'(2) The referral starts a proceeding before the Land Court for it to make the recommendations.
'(3) The parties to the proceeding are the mineral (f) tenure holder and the authority to prospect holder for the overlapping mineral (f) land to which the dispute relates.
'(1) The Minister must, after considering the following, decide the matter and give the parties notice of the decision--
(a) any submissions made by the parties under section 363H(4);
(b) any recommendations by the Land Court.
'(2) In making a decision, the Minister may also consider the public interest.
'(3) The Minister's decision binds the parties.
'(4) The Minister may impose conditions on any decision that the entry is allowed or the authorised activity may be carried out.
'(1) This section applies if--
(a) a person who, under section 117, may make an ATP-related application for land that includes any of the following makes that application--
(i) land that is overlapping mineral (f) land;
(ii) land in the area of MDLA 407; and
(b) the Minister decides to grant the petroleum lease.
'(2) Without limiting section 168, the area of the petroleum lease can not include--
(a) the land that is overlapping mineral (f) land; or
(b) land in the area of MDLA 407.
'(3) The Minister may, in the lease, describe the exclusion of the land under subsection (2) in a way the Minister considers appropriate.
'(1) This section applies if--
(a) land is not included in a petroleum lease because of section 363K(2); and
(b) if the land is--
(i) overlapping mineral (f) land--the mineral (f) tenure for the land ends; and
(ii) in the area of MDLA 407--
(A) the mineral (f) pilot tenure for mineral development licence 309 ends; and
(B) a mineral (f) production tenure has not been granted for land in the mineral development licence's area.
'(2) The Minister may amend the petroleum lease by adding the land to the lease area if--
(a) the lease as amended complies with section 168; and
(b) the lease holder consents.
'(3) The Minister may amend the provisions of the lease in a way that reflects the inclusion of the land.
'(4) Also, the Minister may give the lease holder a notice--
(a) withdrawing, from a stated day, the approval of the development plan for the lease; and
(b) directing the holder to lodge at the relevant office a proposed later development plan for the lease that--
(i) complies with the later development plan requirements; and
(ii) changes the development plan for the lease to reflect the inclusion of the land.
'(5) The amended provisions of the lease or the proposed later development plan must not be--
(a) inconsistent with the mandatory conditions of petroleum leases; or
(b) the same as, or substantially the same as, or inconsistent with, any relevant environmental condition for the lease.
'(6) In this section--
relevant office means--
(a) the office of the department for lodging proposed later development plans, as stated in a gazette notice by the chief executive; or
(b) if no office is gazetted under paragraph (a)--the office of the chief executive.'.