Queensland Numbered Acts Queensland Numbered ActsChapter 4--
insert--
'(1) Requirements or restrictions under this part about a matter are in addition to any relevant requirements or 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 GHG authority, for a permit or proposed permit, is a GHG authority, all or part of the area of which under the GHG storage Act is in the area of the permit or proposed permit.
'Subject to the other provisions of this chapter, the GHG storage Act or a GHG authority does not limit or otherwise affect--
(a) the power under this Act to grant a permit; or
(b) the carrying out of authorised activities for a permit.
'(1) This section applies if--
(a) land in the area of a permit is in the area of a GHG lease; and
(b) the permit and the GHG lease are not held by the same person.
'(2) An authorised activity for the permit may be carried out on the land only if--
(a) the 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 decided under section 83F that the authorised activity may be carried out.
Note--
For notice of authorised activities, see section 83H.
'(3) The objection must be written, given to the GHG authority holder and lodged at the relevant departmental office.
'(1) This section applies if land is in the area of a permit and a GHG authority other than a GHG lease.
'(2) An authorised activity for the permit can not be carried out on the land if--
(a) carrying it out adversely affects the carrying out of an authorised activity for the GHG authority; and
(b) the authorised activity for the GHG authority has already started.
'(1) This section applies if under section 83D, a GHG lease holder has objected to the carrying out of an authorised activity by a permit holder.
'(2) This section also applies if--
(a) section 83E applies to a permit holder and a GHG authority holder; and
(b) there is a dispute between the holders about whether an authorised activity for the authority to prospect can be carried out under that section.
'(3) Either of the parties may by a notice in the approved form ask the Minister to decide--
(a) for section 83D--whether the authorised activity may be carried out under that section; or
(b) for section 83E--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 written 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 permit holder and the GHG lease holder; or
(b) for a request about a matter mentioned in subsection (2)--the permit holder and the GHG authority holder.
'(1) This section applies if--
(a) a permit under this Act is granted; and
(b) land in the permit's area is in the area of, or in a proposed area under an application for, a GHG authority other than a GHG lease.
'(2) It is a condition of the permit under this Act that its holder must within 20 business days after the holder receives notice of the grant of the permit under this Act give the GHG authority holder or the applicant notice stating--
(a) that the permit under this Act has been granted; and
(b) the permit holder's name; and
(c) the term of the permit.
'(1) This section applies to a permit holder if there is either of the following (the other authority) for the permit--
(a) an overlapping GHG authority;
(b) a GHG authority that shares a common boundary with the permit.
'(2) Before the permit holder first starts any authorised activity in the other authority's area, the permit 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 authorised activity is to start; and
(b) where the authorised activity is to be carried out; and
(c) the nature of the activity.
'(4) Before changing the land on which the authorised activity is being carried out, the permit holder must give the other authority holder at least 30 business days notice stating the land on which the activity is to be carried out.
'(5) Compliance with this section is a condition of the permit.
'(1) This section applies if--
(a) a person (an operator) proposes to be an operator of operating plant in the area of a permit; 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 GHG storage activities under an overlapping GHG authority for the permit; and
(c) the overlapping GHG authority is a GHG tenure.
'(2) Before any operator may operate relevant operating plant, each operator must have made reasonable attempts to consult with the GHG tenure holder about relevant activities for the plant.
'(3) If there is more than 1 operator, the permit holder may coordinate the consultation between the operators and the GHG tenure holder.
'(4) For subsection (2), an operator is taken to have made reasonable attempts to consult if--
(a) the operator gives the GHG tenure holder a copy of the relevant parts of the operator's proposed safety management plan for any relevant operating plant the operator proposes to operate; and
(b) the GHG 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 GHG tenure holder that relate to 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 permit holder.
'(7) If an operator makes a safety management plan for relevant operating plant that includes provisions proposed by the GHG tenure holder, the operator must--
(a) give the GHG 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 Petroleum and Gas (Production and Safety) Act 2004, section 678.
'(1) This section applies if a dispute exists between an operator to which section 83I applies and a GHG tenure holder about the reasonableness of a provision proposed by the GHG tenure holder for the operator's proposed safety management plan.
'(2) The P&G 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--
P&G Act, chapter 12 and schedule 1 (Reviews and appeals)
'(3) In this section--
P&G Act means the Petroleum and Gas (Production and Safety) Act 2004.
Note--
For the application of the provisions of the P&G Act about safety management plans to permits, see section 132A.
'If for a permit, there is an overlapping GHG authority that is a GHG tenure, the permit may be amended under section 72 only if the interests of the GHG tenure holder have been considered.'.