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MINES LEGISLATION (STREAMLINING) AMENDMENT ACT 2012 No. 20 - SECT 122

122 Amendment of sch 2 (Dictionary)

(1) Schedule 2, definition occupier—

omit.

(2) Schedule 2—

insert—

'acquired land—

1 Land is acquired land if—
(a) it was taken under a resumption law, other than by taking or otherwise creating an easement; and
(b) on the taking—
(i) all petroleum interests relating to the land were extinguished under section 30AA; or
(ii) all 1923 Act petroleum interests under the 1923 Act relating to the land were extinguished under section 124A of that Act.
2 However, land mentioned in paragraph 1 stops being acquired land if it is included in the area of a new or renewed petroleum tenure granted under this Act.

ALA means the Acquisition of Land Act 1967.

CSG water means underground water brought to the surface of the earth in connection with exploring for or producing coal seam gas under a petroleum tenure.

notice of intention to resume, for the proposed taking of land under a resumption law, means—

(a) if the land is taken under the process stated in the ALA (whether the land is taken under the ALA or another resumption law)—the notice of intention to resume under the ALA; or
(b) otherwise—the notice, however named, required to be given under the resumption law to notify persons of the proposed taking.

occupier, of a place, means a person—

(a) who, under an Act, or, for freehold land, a lease registered under the Land Title Act 1994, has a right to occupy the place, other than under a mining interest, petroleum tenure, licence, GHG authority or geothermal tenure; or
(b) to whom an occupier under paragraph (a) has given the right to occupy the place.

petroleum interest means—

(a) a petroleum authority; or
(b) a right existing under, or in relation to, a petroleum authority.

produced water see section 15A.

resumption law—

(a) means a law that provides for the compulsory acquisition of land, including, for example, the following—
(i) the ALA, including as applied by another law providing for an entity to take land under the ALA as if the entity were a constructing authority under the ALA;
Examples of other laws for subparagraph (i)—
Electricity Act 1994, section 116
South-East Queensland Water (Distribution and Retail Restructuring) Act 2009, section 53AY
(ii) the Land Act 1994, chapter 5, part 3, division 3;
(iii) sections 456 to 458 of this Act;
(iv) the Queensland Reconstruction Authority Act 2011, section 99;
(v) the State Development and Public Works Organisation Act 1971, section 82 or 125;
(vi) the Transport Planning and Coordination Act 1994, section 25 or 26; but
(b) does not include the Land Act 1994, chapter 5, part 3, divisions 1 and 2.

resumption notice, for the taking of land under a resumption law, means—

(a) if the land is taken under the process stated in the ALA (whether the land is taken under the ALA or another resumption law)—the gazette resumption notice under the ALA for the taking; or
(b) otherwise—the instrument giving effect to the taking.

take, in relation to land, includes acquire.'.

(3) Schedule 2, definition operate, first mention, paragraph 2(a), 'or fuel gas'—

omit, insert—

', fuel gas or produced water'.



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