Queensland Numbered Acts Queensland Numbered ActsPart 6FA--
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'(1) Requirements and restrictions under this part apply as well as any relevant requirements and restrictions under another provision of this Act.
'(2) This part does not otherwise limit or affect relevant requirements or restrictions under another provision of this Act.
'An overlapping authority (geothermal or GHG), for a 1923 Act petroleum tenure, is any geothermal tenure or GHG authority all or part of the area of which is in the 1923 Act petroleum tenure's area.
'Subject to the other provisions of this part, the Geothermal Act, GHG storage Act, a geothermal tenure or a GHG authority does not limit or otherwise affect the carrying out of authorised activities for a 1923 Act petroleum tenure.
'(1) This section applies if--
(a) land in the area of an authority to prospect is in the area of a geothermal lease or GHG lease; and
(b) the authority to prospect and the GHG lease are not held by the same person.
'(2) An authorised activity for the authority to prospect may be carried out on the land only if--
(a) the geothermal lease or GHG lease holder has not in the way required under subsection (3), objected to the carrying out of the activity; or
(b) if an objection under paragraph (a) has been made--the Minister has, under section 78CF, decided the authorised activity may be carried out.
Note--
For notice of authorised activities, see section 78CM.
'(3) The objection must be written, given to the authority to prospect holder and lodged at the relevant departmental office.
'(1) This section applies if land is in the area of an authority to prospect and any of the following (the other authority)--
(a) a geothermal permit;
(b) a GHG authority other than a GHG lease.
'(2) An authorised activity for the authority to prospect can not be carried out on the land if--
(a) carrying out the activity adversely affects the carrying out of an authorised activity for the other authority; and
(b) the authorised activity for the other authority has already started.
'(1) This section applies if, under section 78CD, a geothermal lease or GHG lease holder has objected to the carrying out of an authorised activity by an authority to prospect holder.
'(2) This section also applies if there is a dispute between an authority to prospect holder and a geothermal permit or GHG authority holder about whether an authorised activity for the authority to prospect can be carried out under section 78CE.
'(3) Either of the parties may by a notice in the approved form ask the Minister to decide--
(a) for section 78CD--whether the authorised activity may be carried out under that section; or
(b) for section 78CE--whether the authorised activity may be carried out under that section.
'(4) Before making the decision, the Minister must give the parties a reasonable opportunity to make submissions about the request within a reasonable period.
'(5) The Minister must after complying with subsection (4) and considering any submission made under that subsection, decide the matter and give the parties notice of the decision.
'(6) The Minister's decision binds the parties.
'(7) If the request is about a matter mentioned in subsection (1), the Minister may impose conditions on any decision that the authorised activity may be carried out.
'(8) In this section--
parties means--
(a) for a request about a matter mentioned in subsection (1)--the authority to prospect holder and the geothermal lease or GHG lease holder; or
(b) for a request about a matter mentioned in subsection (2)--the authority to prospect holder and the geothermal permit or GHG authority holder.
'(1) This section applies if--
(a) a lease under this Act has an overlapping authority (geothermal or GHG) that is a geothermal lease or GHG lease (the other lease); and
(b) a geothermal coordination arrangement or GHG coordination arrangement applies to the lease under this Act; and
(c) any of the following take place for the lease under this Act--
(i) a renewal;
(ii) a transfer;
(iii) a subletting of the lease or a share in the lease.
'(2) It is a condition of the lease under this Act that its holder must continue to be a party to the following for the lease while the other lease continues in force--
(a) if the other lease is a geothermal lease--a geothermal coordination arrangement;
(b) if the other lease is a GHG lease--a GHG coordination arrangement.
'This subdivision imposes additional requirements for a proposed later development plan for a lease if--
(a) there is an overlapping authority (geothermal or GHG) for the lease; and
(b) the overlapping authority (geothermal or GHG) is a geothermal tenure or a GHG tenure (the overlapping tenure).
'The proposed plan must include a statement of how the effects on and the interests of the overlapping tenure holder have or have not been considered having regard to the following--
(a) the provisions of the 2004 Act, chapter 9;
(b) the attempts made by the applicant to consult with the overlapping tenure holder about the applicant's proposed development plan and proposed safety management plan for the lease;
(c) any changes to the proposed plans to give effect to any reasonable proposal by the overlapping tenure holder;
(d) the economic and technical viability of the concurrent or coordinated carrying out of authorised activities for the proposed lease and the overlapping tenure;
(e) the public interest.
'(1) To the extent the area of the lease and the overlapping tenure will coincide, the proposed plan must be consistent with any geothermal coordination arrangement or GHG coordination arrangement for that area.
'(2) Subsection (3) applies only if the overlapping tenure is a geothermal lease or GHG lease.
'(3) The proposed plan must to the extent the area of the lease and the overlapping tenure coincide or will coincide, be consistent with the overlapping tenure's development plan.
'(1) This section applies if--
(a) a person (an operator) proposes to be an operator of operating plant in the area of a 1923 Act petroleum tenure; and
(b) activities (relevant activities) carried out, or proposed to be carried out, at the plant may adversely affect the safe and efficient carrying out of authorised activities for an overlapping authority (geothermal or GHG) for the 1923 Act petroleum tenure; and
(c) the overlapping authority (geothermal or GHG) is an overlapping tenure.
'(2) Before any operator may operate relevant operating plant, each operator must have made reasonable attempts to consult with the overlapping tenure holder about relevant activities for the plant.
'(3) If there is more than 1 operator, the 1923 Act petroleum tenure holder may coordinate the consultation between the operators and the overlapping tenure holder.
'(4) For subsection (2), an operator is taken to have made reasonable attempts to consult if--
(a) the operator gives the overlapping tenure holder a copy of the parts of the operator's proposed safety management plan concerning any relevant operating plant the operator proposes to operate for the relevant activities; and
(b) the overlapping tenure holder has not within 30 days after the giving of the copy made any proposal to the operator about provisions for the plan.
'(5) An operator must, before making or remaking a safety management plan for any relevant operating plant the operator operates or proposes to operate, have regard to any reasonable provisions for the plan proposed by the overlapping tenure holder concerning relevant activities for the plant.
'(6) However, the obligation under subsection (5) applies only to the extent the provisions are commercially and technically feasible for the operator or any relevant 1923 Act petroleum tenure holder.
'(7) If an operator makes a safety management plan for relevant operating plant and the plan includes provisions proposed by the overlapping tenure holder, the operator must--
(a) give the overlapping tenure holder a copy; and
(b) lodge at the relevant departmental office a notice stating any provisions proposed under subsection (5) and whether they were included in the plan.
'(8) In this section--
remaking, a safety management plan, includes an amendment or remaking of the plan of a type required under the 2004 Act, section 678.
'(1) This section applies if a dispute exists between an operator to which section 78CK applies and an overlapping tenure holder about the reasonableness of a provision proposed by the overlapping tenure holder for the operator's proposed safety management plan.
'(2) The 2004 Act, section 387, chapter 12 and schedule 1 apply to the dispute as if it were a dispute to which that section applies.
Editor's note--
2004 Act, chapter 12 and schedule 1 (Reviews and appeals)
'(1) This section applies to a 1923 Act petroleum tenure holder if there is either of the following (the other authority) for the 1923 Act petroleum tenure--
(a) an overlapping authority (geothermal or GHG);
(b) a geothermal tenure or GHG authority sharing a common boundary with the 1923 Act petroleum tenure.
'(2) Before the 1923 Act petroleum tenure holder first starts a designated activity in the other authority's area, the 1923 Act petroleum tenure holder must give the other authority holder at least 30 business days notice of the activity.
'(3) A notice under subsection (2) must state--
(a) when the designated activity is to start; and
(b) where the designated activity is to be carried out; and
(c) the nature of the activity.
'(4) Before changing the land on which the designated activity is being carried out, the 1923 Act petroleum tenure holder must give the other authority holder at least 30 business days notice stating where the activity is to be carried out.
'(5) Compliance with this section is a condition of the 1923 Act petroleum tenure.
'(6) In this section--
designated activity means any authorised activity for the 1923 Act petroleum tenure, other than--
(a) an authorised activity for the 1923 Act petroleum tenure that is the same as or similar to an incidental activity under the 2004 Act, section 33 or 112; or
(b) an activity only involving selecting places where other authorised activities for the 1923 Act petroleum tenure may be carried out.
'If, for a 1923 Act petroleum tenure, there is an overlapping authority (geothermal or GHG) that is an overlapping tenure, the 1923 Act petroleum tenure may be amended under section 125 only if the interests of the overlapping tenure holder have been considered.'.