Queensland Numbered Acts

MINES LEGISLATION (STREAMLINING) AMENDMENT ACT 2012 No. 20 - SECT 66

(1) Section 2—

insert—

'1923 Act petroleum interest means—

(a) a 1923 Act petroleum tenure; or

(b) a right existing under, or in relation to, a 1923 Act petroleum tenure.

acquired land means land that was taken under a resumption law, other than by taking or otherwise creating an easement, if all petroleum interests relating to the land were extinguished under section 124A.

ALA means the Acquisition of Land Act 1967.

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.

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) the Petroleum and Gas (Production and Safety) Act 2004, sections 456 to 458;

(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.'.

(2) Section 2, definition area, paragraph 2—

insert—

'Note—

See also section 124B in relation to the exclusion of land from a 1923 Act petroleum tenure's area following the taking of the land under a resumption law.'.

(3) Section 2, definition authorised activity, paragraph 1—

insert—

'Note—

The carrying out of particular activities on particular land in a 1923 Act petroleum tenure's area may not be authorised following the taking of the land under a resumption law. See section 124B.'.

(4) Section 2, definition petroleum register, 'section 80C'—

omit, insert—

'section 80A'.