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PARLIAMENT OF VICTORIA
Resources Legislation Amendment (General) Bill
2012
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purposes 1
2 Commencement 3
PART 2--AMENDMENT OF GEOTHERMAL ENERGY
RESOURCES ACT 2005 4
3 Interpretation 4
4 New Parts 5A and 5B inserted 4
PART 5A--SPECIAL ACCESS AUTHORISATIONS 4
57A Special access authorisation 4
57B Application for authorisation 5
57C General criteria the Minister must consider 6
57D Criteria that apply to permit, lease and licence areas 6
57E Exception to section 57D 7
57F Minister may vary area to which authorisation applies 8
57G Authorisation does not give exclusive rights 8
57H Term of authorisation 8
57I Extension of term of authorisation 9
57J Permit, lease or licence holder not liable for actions
of authorisation holder 9
57K Authorisation holder must give data to the Minister 9
57L Authorisation holder must give data to permit, lease
or licence holder 10
PART 5B--SPECIAL DRILLING AUTHORISATIONS 11
57M Special drilling authorisation 11
57N Application for special drilling authorisation 11
57O General criteria the Minister must consider 12
57P Criteria that apply to permit, lease and licence areas 13
57Q Exception to section 57P 13
57R Minister may vary area to which authorisation applies 14
57S Authorisation does not give exclusive rights 14
57T Term of authorisation 15
571167B.I-28/8/2012 i BILL LA INTRODUCTION 28/8/2012
Clause Page
57U Existing permit, lease or licence holder not liable for
actions of authorisation holder 15
57V Authorisation holder must give data to the Minister 16
57W Authorisation holder must give data to permit, lease
or licence holder 16
5 New section 61A inserted 17
61A Production operations also override planning
schemes 17
6 Planning permits 18
7 New section 63A inserted 18
63A Statutory condition of authority 18
8 New section 69A inserted 19
69A Transfers in relation to special drilling authorisations 19
9 New section 73A inserted 19
73A Partial surrender of authority 19
10 Cancellation of authority 20
11 New sections 74A and 74B inserted 20
74A Special drilling authorisation suspended or cancelled
if primary authorisation suspended or cancelled 20
74B Special drilling authorisation expires if primary
authorisation expires 20
12 New Divisions 8 and 9 of Part 6 inserted 21
Division 8--Miscellaneous matters 21
78B Excision of area does not affect authority 21
78C Expedited procedure for replacement of invalidated
title 21
78D Occupiers liability 21
Division 9--Planning matters 22
78E Exploration under authority overrides planning
schemes 22
78F Amendments to planning schemes to facilitate
exploration and extraction 23
PART 3--AMENDMENT OF MINERAL RESOURCES
(SUSTAINABLE DEVELOPMENT) ACT 1990 25
13 Land which cannot be subject to a licence or authority under
the Act 25
14 Royalties 25
15 Royalties for lignite 25
16 Licences may be limited to stratum of land 26
17 Prospecting licences 26
18 New section 14BA inserted 26
14BA Holder of prospecting licence must not dispose of
tailings contrary to Minister's consent 26
571167B.I-28/8/2012 ii BILL LA INTRODUCTION 28/8/2012
Clause Page
19 Application for a licence 27
20 Notice of applications 28
21 Multiple applications 28
22 Grant or refusal of licence 29
23 Application procedure 29
24 Division heading amended 29
25 Statement of economic significance if agricultural land
covered by licence 29
26 Excision of agricultural land from a licence 29
27 Renewals of licences 29
28 Transfer of licence 30
29 Authority to enter land 30
30 Work must be approved 30
31 Chief Inspector to be notified of reportable events in relation
to mines 30
32 Commencement of work under a prospecting licence 30
33 Works under a licence 31
34 Certain consents etc. not required in case of unrestricted
Crown land 31
35 Tourist fossicking authority 31
36 Functions of Department Head regarding mining register 31
37 Giving of work plan or variation to approved work plan for
statutory endorsement 31
38 Department Head may endorse work plan or variation to
approved work plan 32
39 Review by Tribunal 32
40 Savings and transitional provisions arising from the Mineral
Resources Amendment (Sustainable Development)
Act 2010 33
PART 4--AMENDMENT OF GREENHOUSE GAS
GEOLOGICAL SEQUESTRATION ACT 2008 35
41 Definitions 35
42 New Part 8A inserted 36
PART 8A--SPECIAL DRILLING AUTHORISATIONS 36
146A Special drilling authorisation 36
146B Application for special drilling authorisation 37
146C General criteria the Minister must consider 38
146D Criteria that apply to permit, lease and licence areas 38
146E Exception to section 146D 38
146F Minister may vary area to which authorisation applies 39
146G Authorisation does not give exclusive rights 39
146H Term of authorisation 40
146I Existing permit, lease or licence holder not liable for
actions of authorisation holder 41
571167B.I-28/8/2012 iii BILL LA INTRODUCTION 28/8/2012
Clause Page
146J Authorisation holder must give data to the Minister 41
146K Authorisation holder must give data to permit, lease
or licence holder 41
43 New section 164A inserted 42
164A Transfers in relation to special drilling authorisations 42
44 New sections 175A and 175B inserted 43
175A Special drilling authorisation suspended or cancelled
if primary authorisation suspended or cancelled 43
175B Special drilling authorisation expires or is terminated
if primary authorisation expires or is terminated 44
45 Surveys and drilling operations 44
PART 5--AMENDMENT OF PETROLEUM ACT 1998 45
46 General definitions 45
47 Reference to chief factors 46
48 New section 20B inserted 46
20B Chief factors to be considered when there is only one
application 46
49 Notice to be given to applicants 46
50 Restrictions on permit area 47
25 Permit area for exploration permits 47
51 Term of permit 47
52 Renewal of permit 47
53 Special drilling authorisation 48
54 Authorisation holder must give data to permit, lease or
licence holder 48
55 Transfers in relation to special drilling authorisations 48
56 Cancellation of authority 48
57 Special drilling authorisation suspended or cancelled if
primary authorisation suspended or cancelled 48
58 Special drilling authorisation expires or is terminated if
primary authorisation expires or is terminated 49
59 Production operations also override planning schemes 49
60 Alternative approvals 50
61 Department surveys 50
PART 6--AMENDMENT OF OFFSHORE PETROLEUM AND
GREENHOUSE GAS STORAGE ACT 2010 52
62 Simplified outline 52
63 Simplified outline 52
64 Rights conferred by petroleum access authority 52
65 Simplified outline 53
66 Simplified outline 53
67 Rights conferred by greenhouse gas special authority 53
68 Offences under regulations 54
571167B.I-28/8/2012 iv BILL LA INTRODUCTION 28/8/2012
Clause Page
PART 7--AMENDMENT OF PIPELINES ACT 2005 55
69 New section 18A inserted 55
18A Compliance with approved consultation plan 55
70 Consent to entry onto Crown land 55
71 Referral of submissions to panel 56
72 Application to alter authorised route--significant alterations 56
PART 8--AMENDMENT OF INTERPRETATION OF
LEGISLATION ACT 1984 57
73 Removal of redundant reference 57
PART 9--AMENDMENT OF RESOURCES LEGISLATION
AMENDMENT ACT 2011 58
74 Part 3 repealed 58
PART 10--REPEAL OF AMENDING ACT 59
75 Repeal of amending Act 59
ENDNOTES 60
571167B.I-28/8/2012 v BILL LA INTRODUCTION 28/8/2012
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Resources Legislation Amendment
(General) Bill 2012
A Bill for an Act to amend the Geothermal Energy Resources Act
2005, the Greenhouse Gas Geological Sequestration Act 2008, the
Interpretation of Legislation Act 1984, the Mineral Resources
(Sustainable Development) Act 1990, the Offshore Petroleum and
Greenhouse Gas Storage Act 2010, the Petroleum Act 1998, the
Pipelines Act 2005, the Resources Legislation Amendment Act
2011 and for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purposes
The main purposes of this Act are--
(a) to amend the Geothermal Energy
5 Resources Act 2005 to provide for special
access authorisations and special drilling
authorisations for the purpose of geothermal
energy exploration and extraction; and
571167B.I-28/8/2012 1 BILL LA INTRODUCTION 28/8/2012
Resources Legislation Amendment (General) Bill 2012
Part 1--Preliminary
s. 1
(b) to amend the Mineral Resources
(Sustainable Development) Act 1990--
(i) to provide for the ranking of licence
applications and the transfer of
5 licences; and
(ii) to further provide for prospecting
licence holder entitlements and a new
offence; and
(c) to amend the Greenhouse Gas Geological
10 Sequestration Act 2008 to provide for
special drilling authorisations for the purpose
of greenhouse gas sequestration exploration
operations; and
(d) to amend the Petroleum Act 1998--
15 (i) to provide for competing offers for an
exploration permit and restrictions on a
permit area; and
(ii) to further provide for special drilling
authorisations for the purpose of
20 petroleum operations; and
(e) to amend the Offshore Petroleum and
Greenhouse Gas Storage Act 2010--
(i) to allow a registered holder to make a
deviation well that enters an adjacent
25 permit, lease or licence area that is the
subject of a permit, lease and licence
held by the registered holder; and
(ii) to increase the maximum penalty for an
offence against the regulations; and
30 (f) to amend the Interpretation of Legislation
Act 1984 to remove a redundant reference to
the Offshore Petroleum and Greenhouse
Gas Storage Act 2010; and
571167B.I-28/8/2012 2 BILL LA INTRODUCTION 28/8/2012
Resources Legislation Amendment (General) Bill 2012
Part 1--Preliminary
s. 2
(g) to make minor and technical amendments to
the Geothermal Energy Resources Act
2005, Mineral Resources (Sustainable
Development) Act 1990, Greenhouse Gas
5 Geological Sequestration Act 2008,
Petroleum Act 1998 and the Pipelines Act
2005 to improve the operation of those Acts.
2 Commencement
(1) Parts 1 and 9 come into operation on the day after
10 the day on which this Act receives the Royal
Assent.
(2) Subject to subsection (3), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
15 (3) If a provision of this Act referred to in subsection
(2) does not come into operation before 1 August
2013, it comes into operation on that day.
__________________
571167B.I-28/8/2012 3 BILL LA INTRODUCTION 28/8/2012
Resources Legislation Amendment (General) Bill 2012
Part 2--Amendment of Geothermal Energy Resources Act 2005
s. 3
PART 2--AMENDMENT OF GEOTHERMAL ENERGY
RESOURCES ACT 2005
3 Interpretation
See: (1) In section 4(1) of the Geothermal Energy
Act No.
5 7/2005. Resources Act 2005, in the definition of
Reprint No. 1 authority, after "exploration permit," insert
as at
31 July 2008 "a special access authorisation, a special drilling
and authorisation,".
amending
Act Nos
4/2008,
(2) In section 4(1) of the Geothermal Energy
10 10/2010, Resources Act 2005 insert the following
55/2010,
62/2010,
definitions--
74/2010,
53/2011 and "current authority holder means the holder of a
17/2012. primary authorisation;
LawToday:
www. drilling authorisation area means an area
legislation.
15 vic.gov.au specified in a special drilling authorisation
granted under Part 5B;
exploration permit means an exploration permit
granted under section 20A;
extraction licence means an extraction licence
20 granted under Part 4;
primary authorisation means an exploration
permit, retention lease or extraction licence;
retention lease means a retention lease granted
under section 36;".
25 4 New Parts 5A and 5B inserted
After Part 5 of the Geothermal Energy
Resources Act 2005 insert--
"PART 5A--SPECIAL ACCESS
AUTHORISATIONS
30 57A Special access authorisation
(1) A special access authorisation authorises the
person holding it to carry out the geothermal
energy exploration specified in the
571167B.I-28/8/2012 4 BILL LA INTRODUCTION 28/8/2012
Resources Legislation Amendment (General) Bill 2012
Part 2--Amendment of Geothermal Energy Resources Act 2005
s. 4
authorisation in the area in respect of which
it is granted.
(2) A special access authorisation does not
authorise the holder of the authorisation to
5 make a well.
(3) A special access authorisation does not give
the holder of the authorisation any rights
with respect to any geothermal energy within
the area in respect of which it is granted.
10 (4) It is not necessary for the holder of a special
access authorisation to be the holder of an
exploration permit, a retention lease or an
extraction licence.
57B Application for authorisation
15 (1) A person may apply to the Minister for the
grant of a special access authorisation in
respect of any area.
(2) In addition to complying with section 58, an
applicant for a special access authorisation--
20 (a) must describe and precisely identify the
area in respect of which the
authorisation is sought; and
(b) must describe in detail the geothermal
energy exploration that the person
25 seeks to carry out in that area; and
(c) must submit details of--
(i) its relevant technical
qualifications and of the relevant
technical qualifications of its
30 employees; and
(ii) the relevant technical advice
available to it; and
(iii) the financial resources available to
it.
571167B.I-28/8/2012 5 BILL LA INTRODUCTION 28/8/2012
Resources Legislation Amendment (General) Bill 2012
Part 2--Amendment of Geothermal Energy Resources Act 2005
s. 4
57C General criteria the Minister must
consider
(1) In determining whether or not to grant a
special access authorisation, the Minister
5 must take into account the geological and
geophysical nature of the area in respect of
which the application is made, and any
discoveries that have been made in the area
by any other person.
10 (2) The Minister must not grant an application
for an authorisation unless he or she is
satisfied that the applicant--
(a) has the technical qualifications (or has
employees that have the technical
15 qualifications), has access to the
technical advice and has the financial
resources that will be necessary to
enable the geothermal energy
exploration proposed in the application
20 to be undertaken; and
(b) has the ability to comply with this Act.
(3) The Minister must not grant an authorisation
in respect of an area unless he or she is
satisfied that the size of the area is
25 appropriate having regard to the geothermal
energy exploration proposed in respect of the
area by the person applying for the
authorisation.
57D Criteria that apply to permit, lease and
30 licence areas
(1) This section applies if any part of the area in
respect of which a special access
authorisation is sought falls within an area
that is the subject of an exploration permit, a
35 retention lease or an extraction licence.
571167B.I-28/8/2012 6 BILL LA INTRODUCTION 28/8/2012
Resources Legislation Amendment (General) Bill 2012
Part 2--Amendment of Geothermal Energy Resources Act 2005
s. 4
(2) The Minister must not grant an authorisation
in respect of that part of the area unless--
(a) he or she has taken into account the
work program of the holder of the
5 permit, lease or licence; and
(b) he or she is satisfied that the
geothermal energy exploration
proposed to be carried out under the
authorisation will not be detrimental to,
10 or unduly interfere with, any current or
proposed future geothermal energy
exploration of the holder of the permit,
lease or licence; and
(c) the holder of the permit, lease or
15 licence has consented in writing to the
issue of the authorisation in respect of
that part of the area.
57E Exception to section 57D
Despite section 57D(2)(c), the Minister may
20 grant a special access authorisation in respect
of an area that is the subject of an
exploration permit, a retention lease or an
extraction licence without the consent of the
holder of the permit, lease or licence if--
25 (a) in the opinion of the Minister, the likely
geological information to be gained if
the authorisation is granted in respect of
that area will be of significant benefit to
Victoria; and
30 (b) the Minister--
(i) notifies the holder of the permit,
lease or licence in writing that the
Minister is proposing to exercise
his or her powers under this
35 section, and of the reasons why he
or she is proposing to do so; and
571167B.I-28/8/2012 7 BILL LA INTRODUCTION 28/8/2012
Resources Legislation Amendment (General) Bill 2012
Part 2--Amendment of Geothermal Energy Resources Act 2005
s. 4
(ii) gives the holder 28 days to make
any submissions it wishes in
relation to the proposal; and
(c) the Minister considers any submissions
5 made in response to the notice and also
takes into account any commercial
consequences to the holder of the
permit, lease or licence that may be
likely if the authorisation is granted.
10 57F Minister may vary area to which
authorisation applies
In granting a special access authorisation, the
Minister may vary in any way he or she
considers appropriate the size or the
15 boundaries of the area in respect of which
the authorisation was sought.
57G Authorisation does not give exclusive
rights
(1) The Minister may grant a special access
20 authorisation in respect of an area, or any
part of an area, that is already the subject of
another special access authorisation.
(2) The Minister may grant an exploration
permit, a retention lease or an extraction
25 licence in respect of an area, or any part of
an area, that is already the subject of a
special access authorisation.
57H Term of authorisation
(1) A special access authorisation continues in
30 force for the period specified on the
authorisation by the Minister, unless it is
cancelled or surrendered earlier or unless this
Act otherwise provides.
(2) The Minister may specify a period of up to
35 1 year on the authorisation.
571167B.I-28/8/2012 8 BILL LA INTRODUCTION 28/8/2012
Resources Legislation Amendment (General) Bill 2012
Part 2--Amendment of Geothermal Energy Resources Act 2005
s. 4
57I Extension of term of authorisation
(1) On the application of the holder of a special
access authorisation, the Minister may
extend the period for which the authorisation
5 remains in force by up to 1 year.
(2) The Minister may only grant such an
extension once in relation to an
authorisation.
57J Permit, lease or licence holder not liable
10 for actions of authorisation holder
(1) This section applies if any part of the area in
respect of which a special access
authorisation is granted falls within an area
that is the subject of an exploration permit, a
15 retention lease or an extraction licence.
(2) The holder of the permit, lease or licence is
not liable in any way for any thing that is
done or not done by the holder of the
authorisation.
20 (3) Subsection (2) applies even if the holder of
the permit, lease or licence consented to the
granting of the authorisation in respect of the
permit, lease or licence area.
57K Authorisation holder must give data to the
25 Minister
(1) The holder of a special access authorisation
must give a copy of all factual information
obtained as a result of geothermal energy
exploration carried out under the
30 authorisation to the Minister within 30 days
of the information being obtained.
Penalty: 60 penalty units.
571167B.I-28/8/2012 9 BILL LA INTRODUCTION 28/8/2012
Resources Legislation Amendment (General) Bill 2012
Part 2--Amendment of Geothermal Energy Resources Act 2005
s. 4
(2) A reference to factual information in this
section includes any report compiled on the
basis of information obtained under the
authorisation.
5 57L Authorisation holder must give data to
permit, lease or licence holder
(1) This section applies if any part of a special
access authorisation area falls within an area
that is the subject of an exploration permit, a
10 retention lease or an extraction licence.
(2) The holder of the authorisation must give a
copy of any factual information obtained as a
result of geothermal energy exploration
carried out under the authorisation in that
15 part of the area to the holder of the permit,
lease or licence within 30 days after
completing in that part of the area the
geothermal energy exploration from which
the information was obtained.
20 (3) If there is an agreement between the holder
of the authorisation and the holder of the
permit, lease or licence in relation to the
supply of the information, that agreement
prevails over anything to the contrary in this
25 section.
(4) A person must not impose any conditions on
the supply of information under this section.
(5) A person must comply with any obligation
imposed on it by this section.
30 Penalty: 60 penalty units.
__________________
571167B.I-28/8/2012 10 BILL LA INTRODUCTION 28/8/2012
Resources Legislation Amendment (General) Bill 2012
Part 2--Amendment of Geothermal Energy Resources Act 2005
s. 4
PART 5B--SPECIAL DRILLING
AUTHORISATIONS
57M Special drilling authorisation
(1) A special drilling authorisation authorises--
5 (a) a holder of an exploration permit,
retention lease, extraction licence--
(i) to carry out geothermal energy
exploration in the drilling
authorisation area; and
10 (ii) to do anything in the drilling
authorisation area that is necessary
for the purposes of
subparagraph (i);
(b) a holder of an extraction licence--
15 (i) to carry out geothermal energy
extraction in the drilling
authorisation area; and
(ii) to do anything in the drilling
authorisation area that is necessary
20 for the purposes of
subparagraph (i).
(2) A special drilling authorisation does not give
a current authority holder any rights in
respect of resources in the drilling
25 authorisation area.
57N Application for special drilling
authorisation
(1) A current authority holder may apply to the
Minister for the grant of a special drilling
30 authorisation in respect of an area adjacent to
the area set out in the primary authorisation
held by the holder.
571167B.I-28/8/2012 11 BILL LA INTRODUCTION 28/8/2012
Resources Legislation Amendment (General) Bill 2012
Part 2--Amendment of Geothermal Energy Resources Act 2005
s. 4
(2) In addition to complying with section 58, an
applicant for a special drilling authorisation
must--
(a) describe and precisely identify the area
5 in respect of which the authorisation is
sought; and
(b) describe in detail the geothermal energy
operation that the person seeks to carry
out in that area; and
10 (c) submit details of--
(i) its relevant technical
qualifications and of the relevant
technical qualifications of its
employees; and
15 (ii) the relevant technical advice
available to it; and
(iii) the financial resources available to
it.
57O General criteria the Minister must
20 consider
(1) The Minister must not grant an application
for an authorisation unless the Minister is
satisfied that the applicant holds a primary
authorisation in respect of an area that is
25 adjacent to the proposed drilling
authorisation area.
(2) The Minister must not grant an authorisation
in respect of an area unless the Minister is
satisfied that the size of the area is
30 appropriate having regard to the geothermal
energy operation proposed in respect of the
area by the person applying for the
authorisation.
571167B.I-28/8/2012 12 BILL LA INTRODUCTION 28/8/2012
Resources Legislation Amendment (General) Bill 2012
Part 2--Amendment of Geothermal Energy Resources Act 2005
s. 4
57P Criteria that apply to permit, lease and
licence areas
(1) This section applies if any part of the area in
respect of which a special drilling
5 authorisation is sought falls within an area
that is the subject of an exploration permit,
retention lease or extraction licence held by a
current authority holder who is not the
applicant.
10 (2) The Minister must not grant an authorisation
in respect of that part of the area unless that
current authority holder has consented in
writing to the issue of the authorisation in
respect of that part of the area.
15 57Q Exception to section 57P
Despite section 57P(2), the Minister may
grant a special drilling authorisation in
respect of an area that is the subject of a
primary authorisation held by a current
20 authority holder who is not the applicant
without the consent of that holder if--
(a) the Minister--
(i) notifies that holder in writing that
the Minister is proposing to
25 exercise the Minister's powers
under this section, and of the
reasons why the Minister is
proposing to do so; and
(ii) gives that holder 28 days to make
30 any submissions it wishes in
relation to the proposal; and
(b) the Minister considers any submissions
made in response to the notice and also
takes into account any commercial
35 consequences to that holder that may be
likely if the authorisation is granted.
571167B.I-28/8/2012 13 BILL LA INTRODUCTION 28/8/2012
Resources Legislation Amendment (General) Bill 2012
Part 2--Amendment of Geothermal Energy Resources Act 2005
s. 4
57R Minister may vary area to which
authorisation applies
In granting a special drilling authorisation,
the Minister may vary in any way the
5 Minister considers appropriate the size or the
boundaries of the area in respect of which
the authorisation was sought.
57S Authorisation does not give exclusive
rights
10 (1) The Minister may grant a special drilling
authorisation in respect of an area, or any
part of an area, that is already the subject of
another special drilling authorisation.
(2) The Minister must not grant a special drilling
15 authorisation in respect of an area, or any
part of an area, that is already the subject of
another special drilling authorisation
unless--
(a) the Minister has taken into account the
20 work program of the current holder of
the special drilling authorisation; and
(b) the Minister is satisfied that the
geothermal energy operation proposed
to be carried out under the authorisation
25 will not be detrimental to, or unduly
interfere with, any current or proposed
future geothermal energy operation of
the current holder of the special drilling
authorisation; and
30 (c) the current holder of the special drilling
authorisation has consented in writing
to the issue of another special drilling
authorisation in respect of that part of
the area.
571167B.I-28/8/2012 14 BILL LA INTRODUCTION 28/8/2012
Resources Legislation Amendment (General) Bill 2012
Part 2--Amendment of Geothermal Energy Resources Act 2005
s. 4
(3) The Minister may grant an exploration
permit, a retention lease or an extraction
licence in respect of an area, or any part of
an area, that is already the subject of a
5 special drilling authorisation.
57T Term of authorisation
A special drilling authorisation continues in
force for the period specified in the
authorisation by the Minister--
10 (a) until it is cancelled by the Minister; or
(b) until it is surrendered; or
(c) until a primary authorisation in respect
of or adjacent to the drilling
authorisation area specified in the
15 authorisation expires or is surrendered,
cancelled or terminated; or
(d) unless this Act otherwise provides.
57U Existing permit, lease or licence holder not
liable for actions of authorisation holder
20 (1) This section applies if any part of the drilling
authorisation area falls within an area that is
the subject of a primary authorisation held by
a current authority holder who is not the
holder of a special drilling authorisation.
25 (2) The current authority holder is not liable in
any way for any thing that is done or not
done by the holder of the special drilling
authorisation.
(3) Subsection (2) applies even if the current
30 authority holder consented to the granting of
the special drilling authorisation in respect of
the drilling authorisation area.
571167B.I-28/8/2012 15 BILL LA INTRODUCTION 28/8/2012
Resources Legislation Amendment (General) Bill 2012
Part 2--Amendment of Geothermal Energy Resources Act 2005
s. 4
57V Authorisation holder must give data to the
Minister
(1) The holder of a special drilling authorisation
must give a copy of all factual information
5 obtained as a result of a geothermal energy
operation carried out under the authorisation
to the Minister within 30 days of the
information being obtained.
Penalty: 60 penalty units.
10 (2) A reference to factual information in this
section includes any report compiled on the
basis of information obtained under the
authorisation.
57W Authorisation holder must give data to
15 permit, lease or licence holder
(1) This section applies if any part of a special
drilling authorisation area falls within an
area that is the subject of a primary
authorisation held by a current authority
20 holder who is not the holder of the special
drilling authorisation.
(2) The holder of a special drilling authorisation
must give a copy of any factual information
obtained as a result of a geothermal energy
25 operation carried out under the authorisation
in that part of the area to the current
authority holder within 30 days after
completing in that part of the area the
operation from which the information was
30 obtained.
(3) If there is an agreement between the holder
of the authorisation and the current authority
holder in relation to the supply of the
information, that agreement prevails over
35 anything to the contrary in this section.
571167B.I-28/8/2012 16 BILL LA INTRODUCTION 28/8/2012
Resources Legislation Amendment (General) Bill 2012
Part 2--Amendment of Geothermal Energy Resources Act 2005
s. 5
(4) A person must not impose any conditions on
the supply of information under this section.
(5) A person must comply with any obligation
imposed on the person by this section.
5 Penalty: 60 penalty units.
__________________".
5 New section 61A inserted
After section 61 of the Geothermal Energy
Resources Act 2005 insert--
10 "61A Production operations also override
planning schemes
(1) The holder of an extraction licence may be
granted a permit under a planning scheme to
carry out in the licence area for that licence
15 any geothermal energy extraction authorised
by that licence.
(2) In addition, if the holder of the extraction
licence holds a special drilling authorisation,
the holder may be granted a permit under a
20 planning scheme to carry out in the drilling
authorisation area for that authorisation any
geothermal energy extraction authorised by
that authorisation.
(3) Subsections (1) and (2) apply despite
25 anything to the contrary in a planning
scheme that applies to a licence area or
drilling authorisation area mentioned in those
subsections.
Note
30 See also section 63A which sets out the statutory condition
that applies to an authority.".
571167B.I-28/8/2012 17 BILL LA INTRODUCTION 28/8/2012
Resources Legislation Amendment (General) Bill 2012
Part 2--Amendment of Geothermal Energy Resources Act 2005
s. 6
6 Planning permits
(1) In section 62 of the Geothermal Energy
Resources Act 2005, for "to carry out any
geothermal energy extraction operation authorised
5 by the licence" substitute "or a special drilling
authorisation".
(2) In section 62 of the Geothermal Energy
Resources Act 2005, for "the operation"
substitute "the geothermal energy extraction
10 authorised by the licence or authorisation".
(3) In section 62 of the Geothermal Energy
Resources Act 2005--
(a) in paragraph (a), for "operation" substitute
"geothermal energy extraction";
15 (b) in paragraph (c), for "licence in writing to
carry out the operation" substitute "licence
or the authorisation in writing to carry out
the geothermal energy extraction".
7 New section 63A inserted
20 After section 63 of the Geothermal Energy
Resources Act 2005 insert--
"63A Statutory condition of authority
(1) In addition to the conditions specified on the
authority by the Minister under this Part, an
25 authority is subject to the condition that the
holder of the authority must comply with all
applicable laws in carrying out any
geothermal energy operation under the
authority.
30 (2) Despite anything to the contrary in this Act
(other than section 62 or Division 9 of
Part 6) this condition cannot be varied.".
571167B.I-28/8/2012 18 BILL LA INTRODUCTION 28/8/2012
Resources Legislation Amendment (General) Bill 2012
Part 2--Amendment of Geothermal Energy Resources Act 2005
s. 8
8 New section 69A inserted
After section 69 of the Geothermal Energy
Resources Act 2005 insert--
"69A Transfers in relation to special drilling
5 authorisations
(1) This section applies if a primary
authorisation that is the basis for a special
drilling authorisation granted under Part 5B
is transferred under this Act.
10 (2) Despite anything to the contrary in this Act,
the special drilling authorisation to which
that primary authorisation relates is taken to
be transferred to the person to whom the
primary authorisation is transferred on the
15 same day the primary authorisation is
transferred.".
9 New section 73A inserted
After section 73 of the Geothermal Energy
Resources Act 2005 insert--
20 "73A Partial surrender of authority
(1) The holder of an authority may apply to the
Minister for the Minister's consent to the
surrender of part of the area to which the
authority applies.
25 (2) The Minister must not give his or her
consent to the surrender of the part of the
area unless he or she is satisfied that the
holder of the authority has complied with all
of the requirements listed in section 73(2) in
30 respect of the part of the area.
(3) The Minister may make the giving of his or
her consent conditional on the holder of the
authority agreeing to the variation of the
conditions that apply to the area that will be
35 retained under the authority.
571167B.I-28/8/2012 19 BILL LA INTRODUCTION 28/8/2012
Resources Legislation Amendment (General) Bill 2012
Part 2--Amendment of Geothermal Energy Resources Act 2005
s. 10
(4) Section 73(3) and (4) also apply to
applications for consent under this section.".
10 Cancellation of authority
In section 74(b) of the Geothermal Energy
5 Resources Act 2005, for "the conditions"
substitute "any condition".
11 New sections 74A and 74B inserted
After section 74 of the Geothermal Energy
Resources Act 2005 insert--
10 "74A Special drilling authorisation suspended
or cancelled if primary authorisation
suspended or cancelled
(1) If a primary authorisation that is the basis for
a special drilling authorisation granted under
15 Part 5B is cancelled under this Act, the
special drilling authorisation that relates to
that primary authorisation is taken to be
cancelled on the same day the primary
authorisation is cancelled.
20 (2) If a primary authorisation that is the basis for
a special drilling authorisation granted under
Part 5B is suspended under this Act, the
special drilling authorisation that relates to
that primary authorisation is taken to be
25 suspended on the same day the primary
authorisation is suspended.
74B Special drilling authorisation expires if
primary authorisation expires
If a primary authorisation that is the basis for
30 a special drilling authorisation granted under
Part 5B expires under this Act, the special
drilling authorisation that relates to that
primary authorisation is taken to expire on
the same day the primary authorisation
35 expires.".
571167B.I-28/8/2012 20 BILL LA INTRODUCTION 28/8/2012
Resources Legislation Amendment (General) Bill 2012
Part 2--Amendment of Geothermal Energy Resources Act 2005
s. 12
12 New Divisions 8 and 9 of Part 6 inserted
After Division 7 of Part 6 of the Geothermal
Energy Resources Act 2005 insert--
"Division 8--Miscellaneous matters
5 78B Excision of area does not affect authority
The excision of an area from an authority
area does not affect the authority except in
the ways expressly provided for in this Act.
78C Expedited procedure for replacement of
10 invalidated title
(1) This section applies if--
(a) a court or tribunal finds an authority to
be wholly or partly invalid and the
invalidity stems from circumstances
15 that were beyond the control of the
holder of the authority; and
(b) the person who held the authority
applies within 60 days after the finding
to the Minister for the grant of an
20 authority of the same type for all or part
of the former authority area.
(2) The Minister may grant the authority to the
person without the need to comply with any
procedural requirement that would usually
25 apply to the grant of such an authority.
(3) In granting an authority under this section,
the Minister may impose any conditions the
Minister considers to be appropriate on the
authority.
30 78D Occupiers liability
(1) For the purposes of Part IIA of the Wrongs
Act 1958 and the rules of common law with
respect to the liability of occupiers to people
571167B.I-28/8/2012 21 BILL LA INTRODUCTION 28/8/2012
Resources Legislation Amendment (General) Bill 2012
Part 2--Amendment of Geothermal Energy Resources Act 2005
s. 12
entering on their premises, the holder of an
authority is the occupier of that part of any
premises on which any geothermal energy
operation is being carried out under the
5 authority, and not any other person.
(2) An occupier of any premises that is in an
area to which an authority applies does not,
unless the occupier is also the holder of the
authority, owe a duty to take care of any
10 person entering on those premises for the
purpose of carrying out an operation under
the authority.
(3) Subsection (2) applies despite anything to
the contrary in Part IIA of the Wrongs Act
15 1958 or the rules of common law with
respect to the liability of an occupier to a
person entering on the occupier's premises.
(4) Nothing in subsection (2) limits any other
duty owed by an occupier to a person
20 entering on the occupier's premises in the
circumstances described in that subsection.
Division 9--Planning matters
78E Exploration under authority overrides
planning schemes
25 (1) The holder of an authority may carry out in
accordance with the authority geothermal
energy exploration in the authority area--
(a) without obtaining a permit under the
planning scheme that applies to the
30 authority area; and
(b) without complying with any conditions
specified in that planning scheme in
relation to the use or development of
that land for exploration.
571167B.I-28/8/2012 22 BILL LA INTRODUCTION 28/8/2012
Resources Legislation Amendment (General) Bill 2012
Part 2--Amendment of Geothermal Energy Resources Act 2005
s. 12
(2) Subsection (1) applies even if the planning
scheme wholly or partly prohibits the use or
development of the authority area for
exploration.
5 78F Amendments to planning schemes to
facilitate exploration and extraction
(1) In addition to any other power to prepare,
adopt or approve amendments to planning
schemes, the Minister administering the
10 Planning and Environment Act 1987
may--
(a) on the recommendation of the Minister,
prepare; and
(b) adopt and approve--
15 amendments to any planning scheme to
facilitate geothermal energy operation on any
land to which the planning scheme applies.
(2) Without limiting what an amendment may
include, an amendment prepared under
20 subsection (1) may provide that, in the
circumstances set out in section 62, no
permit is required to do any thing authorised
by an authority.
(3) The Planning and Environment Act 1987
25 (except section 12(2), Divisions 1 and 2 of
Part 3 and section 39(1) to (5) and any
regulations made for the purposes of those
provisions) applies to the preparation,
adoption and approval of an amendment
30 under subsection (1).
(4) Section 39(7) of the Planning and
Environment Act 1987 applies to an
amendment prepared, adopted or approved
under subsection (1) as if before "Division 1"
35 there were inserted "section 12(1) or".
571167B.I-28/8/2012 23 BILL LA INTRODUCTION 28/8/2012
Resources Legislation Amendment (General) Bill 2012
Part 2--Amendment of Geothermal Energy Resources Act 2005
s. 12
(5) Section 39(8) of the Planning and
Environment Act 1987 applies to an
amendment prepared or adopted under
subsection (1) as if--
5 (a) the expression "Except for an
application under this section," were
deleted; and
(b) before "Division 1" there were inserted
"section 12(1) or".
10 (6) Section 46 of the Planning and
Environment Act 1987 does not apply to a
planning scheme to the extent to which,
because of an amendment prepared, adopted
or approved under subsection (1), it is
15 expressed or purports to deal with any land
that has been permanently reserved for any
purpose set out in section 4 of the Crown
Land (Reserves) Act 1978 in any manner
inconsistent with that reservation.
20 (7) Nothing in this section prevents either House
of Parliament exercising its power under
section 38 of the Planning and
Environment Act 1987.".
__________________
571167B.I-28/8/2012 24 BILL LA INTRODUCTION 28/8/2012
Resources Legislation Amendment (General) Bill 2012
Part 3--Amendment of Mineral Resources (Sustainable Development) Act
s. 13
1990
PART 3--AMENDMENT OF MINERAL RESOURCES
(SUSTAINABLE DEVELOPMENT) ACT 1990
13 Land which cannot be subject to a licence or
authority under the Act
5 For section 6(1)(e) of the Mineral Resources See:
Act No.
(Sustainable Development) Act 1990 92/1990.
substitute-- Reprint No. 8
as at
14 October
"(e) land that is-- 2010
and
(i) under section 7 exempted from being amending
10 subject to a licence; or Act Nos
59/2010,
(ii) by or under any other Act exempted 74/2010,
78/2010,
from exploration or mining, or being 29/2011,
subject to a licence; 53/2011,
17/2012 and
43/2012.
(f) land that is by or under any other Act LawToday:
15 exempted from-- www.
legislation.
(i) search for minerals or stone; or vic.gov.au
(ii) the carrying out of an extractive
industry; or
(iii) being subject to an authority under this
20 Act.".
14 Royalties
(1) In section 12(1) of the Mineral Resources
(Sustainable Development) Act 1990, after
"mining licence" insert "or prospecting licence".
25 (2) In section 12(2) of the Mineral Resources
(Sustainable Development) Act 1990, after
"mining licence" insert "or prospecting licence".
15 Royalties for lignite
(1) In section 12A(1) of the Mineral Resources
30 (Sustainable Development) Act 1990, after
"mining licence" insert "or prospecting licence".
571167B.I-28/8/2012 25 BILL LA INTRODUCTION 28/8/2012
Resources Legislation Amendment (General) Bill 2012
Part 3--Amendment of Mineral Resources (Sustainable Development) Act
s. 16
1990
(2) In section 12A(2) of the Mineral Resources
(Sustainable Development) Act 1990, after
"mining licence" insert "or prospecting licence".
(3) In section 12A(4) of the Mineral Resources
5 (Sustainable Development) Act 1990, after
"mining licence" insert "or prospecting licence".
16 Licences may be limited to stratum of land
In section 14A of the Mineral Resources
(Sustainable Development) Act 1990, for
10 "An exploration licence or mining licence"
substitute "A licence".
17 Prospecting licences
After section 14B(2) of the Mineral Resources
(Sustainable Development) Act 1990 insert--
15 "(2A) The holder of a prospecting licence may with
the consent of the Minister, and in
accordance with any conditions imposed by
the Minister on that consent, dispose of any
tailings produced by the holder during work
20 under the licence.".
18 New section 14BA inserted
After section 14B of the Mineral Resources
(Sustainable Development) Act 1990 insert--
"14BA Holder of prospecting licence must not
25 dispose of tailings contrary to Minister's
consent
A holder of a prospecting licence must not
dispose of any tailings contrary to any
consent of the Minister under
30 section 14B(2A).
Penalty: 60 penalty units.".
571167B.I-28/8/2012 26 BILL LA INTRODUCTION 28/8/2012
Resources Legislation Amendment (General) Bill 2012
Part 3--Amendment of Mineral Resources (Sustainable Development) Act
s. 19
1990
19 Application for a licence
(1) In section 15(1A)(g)(i) of the Mineral Resources
(Sustainable Development) Act 1990, for "; and"
substitute "; or".
5 (2) Before section 15(1A)(h) of the Mineral
Resources (Sustainable Development) Act 1990
insert--
"(ga) a prospecting licence over land that abuts
land that is the subject of an application for a
10 prospecting licence; or".
(3) Before section 15(3)(a) of the Mineral Resources
(Sustainable Development) Act 1990 insert--
"(aa) if the application is not the only application
that has been accepted, a statement that more
15 than one application has been received and
accepted and that the applications will be
ranked in accordance with this Part; or".
(4) In section 15(3)(a) of the Mineral Resources
(Sustainable Development) Act 1990--
20 (a) for "priority" (where first occurring)
substitute "ranking";
(b) for "priority" (where secondly occurring)
substitute "a higher ranking".
(5) In section 15(3)(b) of the Mineral Resources
25 (Sustainable Development) Act 1990, for
"priority" substitute "the highest ranking".
(6) In section 15(4) of the Mineral Resources
(Sustainable Development) Act 1990--
(a) for "priority" (where first occurring)
30 substitute "ranking";
(b) for "priority" (where secondly occurring)
substitute "the highest ranking".
571167B.I-28/8/2012 27 BILL LA INTRODUCTION 28/8/2012
Resources Legislation Amendment (General) Bill 2012
Part 3--Amendment of Mineral Resources (Sustainable Development) Act
s. 20
1990
(7) In section 15(5) of the Mineral Resources
(Sustainable Development) Act 1990, for
"has priority" substitute "has the highest
ranking".
5 (8) In section 15(5A) of the Mineral Resources
(Sustainable Development) Act 1990, for
"has priority" substitute "has the highest
ranking".
(9) In section 15(9) of the Mineral Resources
10 (Sustainable Development) Act 1990, after
"mining licence" insert "or prospecting licence".
20 Notice of applications
(1) In the heading to section 18 of the Mineral
Resources (Sustainable Development) Act 1990,
15 for "priority" substitute "the highest ranking".
(2) In section 18 of the Mineral Resources
(Sustainable Development) Act 1990, for
"priority" substitute "the highest ranking".
21 Multiple applications
20 (1) Insert the following heading to section 23 of the
Mineral Resources (Sustainable Development)
Act 1990--
"Ranking of applications".
(2) In section 23(1) of the Mineral Resources
25 (Sustainable Development) Act 1990, for
"assign an order of priority to those applications"
substitute "rank those applications in accordance
with this section".
(3) In section 23(2) of the Mineral Resources
30 (Sustainable Development) Act 1990, for
"assign the highest priority" substitute "give the
highest ranking".
571167B.I-28/8/2012 28 BILL LA INTRODUCTION 28/8/2012
Resources Legislation Amendment (General) Bill 2012
Part 3--Amendment of Mineral Resources (Sustainable Development) Act
s. 22
1990
(4) In section 23(3) of the Mineral Resources
(Sustainable Development) Act 1990--
(a) for "assigned the highest priority" substitute
"given the highest ranking";
5 (b) for "priority" (where secondly occurring)
substitute "ranking".
22 Grant or refusal of licence
In section 25(1)(d)(ii) of the Mineral Resources
(Sustainable Development) Act 1990, for
10 "priority" substitute "ranking".
23 Application procedure
In section 26AD(2) of the Mineral Resources
(Sustainable Development) Act 1990, for
"(6A) to (6C)" substitute "15(6A) to (6C)".
15 24 Division heading amended
In the heading to Division 4 of Part 2 of the
Mineral Resources (Sustainable Development)
Act 1990, after "mining licence" insert "or
prospecting licence".
20 25 Statement of economic significance if agricultural
land covered by licence
In section 26A(1) of the Mineral Resources
(Sustainable Development) Act 1990, after
"mining licence" insert "or prospecting licence".
25 26 Excision of agricultural land from a licence
In section 26B(1) of the Mineral Resources
(Sustainable Development) Act 1990, after
"mining licence" insert "or prospecting licence".
27 Renewals of licences
30 In section 31(2)(f) of the Mineral Resources
(Sustainable Development) Act 1990, for
"section 15(6)(a) to (d)" substitute
"section 15(6)(a), (b), (ba), (c) or (d)".
571167B.I-28/8/2012 29 BILL LA INTRODUCTION 28/8/2012
Resources Legislation Amendment (General) Bill 2012
Part 3--Amendment of Mineral Resources (Sustainable Development) Act
s. 28
1990
28 Transfer of licence
In section 33(5) of the Mineral Resources
(Sustainable Development) Act 1990, after
"mining licence" insert "or prospecting licence".
5 29 Authority to enter land
In section 38AB(2)(b) of the Mineral Resources
(Sustainable Development) Act 1990 omit
"mining".
30 Work must be approved
10 In section 39(3) of the Mineral Resources
(Sustainable Development) Act 1990, after
"mining licence" insert "or prospecting licence".
31 Chief Inspector to be notified of reportable events in
relation to mines
15 (1) In the heading to section 41AC of the Mineral
Resources (Sustainable Development) Act 1990,
for "mines" substitute "exploration or mining".
(2) In section 41AC(1) of the Mineral Resources
(Sustainable Development) Act 1990 omit
20 "at the mine".
(3) In section 41AC(2) of the Mineral Resources
(Sustainable Development) Act 1990, after
"an event" insert "arising out of exploration or
mining".
25 32 Commencement of work under a prospecting licence
In section 42(6), (7), (8) and (9) of the Mineral
Resources (Sustainable Development) Act 1990,
after "mining licence" insert "or prospecting
licence".
571167B.I-28/8/2012 30 BILL LA INTRODUCTION 28/8/2012
Resources Legislation Amendment (General) Bill 2012
Part 3--Amendment of Mineral Resources (Sustainable Development) Act
s. 33
1990
33 Works under a licence
In section 43(3), (4) and (5) of the Mineral
Resources (Sustainable Development) Act 1990,
for "an exploration licence or mining licence"
5 substitute "a licence".
34 Certain consents etc. not required in case of
unrestricted Crown land
In section 43B(1) of the Mineral Resources
(Sustainable Development) Act 1990, for
10 "exploration licence or mining licence" substitute
"licence".
35 Tourist fossicking authority
(1) In section 59(1) of the Mineral Resources
(Sustainable Development) Act 1990, after
15 "mining licence" insert ", prospecting licence or
retention licence".
(2) In section 59(1A) of the Mineral Resources
(Sustainable Development) Act 1990, after
"mining licence" insert ", prospecting licence or
20 retention licence".
36 Functions of Department Head regarding mining
register
After section 69(2)(a)(xv) of the Mineral
Resources (Sustainable Development) Act 1990
25 insert--
"(xva) instruments (including mortgages) for the
termination or cancellation of interests in, or
conferred by, licences;".
37 Giving of work plan or variation to approved work
30 plan for statutory endorsement
In section 77TC of the Mineral Resources
(Sustainable Development) Act 1990, for
"licensee or holder of an extractive industry work
authority may" substitute "licensee, a holder of an
571167B.I-28/8/2012 31 BILL LA INTRODUCTION 28/8/2012
Resources Legislation Amendment (General) Bill 2012
Part 3--Amendment of Mineral Resources (Sustainable Development) Act
s. 38
1990
extractive industry work authority or a person who
proposes to apply for an extractive industry work
authority may, as the case requires,".
38 Department Head may endorse work plan or
5 variation to approved work plan
(1) For section 77TD(3) of the Mineral Resources
(Sustainable Development) Act 1990
substitute--
"(3) The Department Head may, in a statutory
10 endorsement, specify that certain conditions
must be observed in carrying out an
approved work plan by--
(a) the licensee; or
(b) the holder of an extractive industry
15 work authority; or
(c) a person who proposes to apply under
section 77I for an extractive industry
work authority if he or she is
subsequently granted the authority by
20 the Minister.".
(2) In section 77TD(5) of the Mineral Resources
(Sustainable Development) Act 1990, for
"give the licensee or holder of an extractive
industry work authority" substitute ", as the case
25 requires, give the licensee, holder of an extractive
industry work authority or person proposing to
apply for an extractive industry work authority".
39 Review by Tribunal
(1) In section 77TH(1) of the Mineral Resources
30 (Sustainable Development) Act 1990, for
"licensee or holder of an extractive industry work
authority" substitute "licensee, a holder of an
extractive industry work authority or a person who
proposes to apply for an extractive industry work
35 authority (an aggrieved person)".
571167B.I-28/8/2012 32 BILL LA INTRODUCTION 28/8/2012
Resources Legislation Amendment (General) Bill 2012
Part 3--Amendment of Mineral Resources (Sustainable Development) Act
s. 40
1990
(2) In section 77TH(2) of the Mineral Resources
(Sustainable Development) Act 1990--
(a) in paragraph (b)(i), for "licensee" substitute
"aggrieved person";
5 (b) in paragraph (b)(ii), for "licensee or holder of
an extractive industry work authority"
substitute "aggrieved person";
(c) in paragraph (b)(ii), for "licensee or holder or
the licensee or holder" substitute "aggrieved
10 person or the aggrieved person".
40 Savings and transitional provisions arising from the
Mineral Resources Amendment (Sustainable
Development) Act 2010
(1) In the heading to clause 5 of Schedule 8 to the
15 Mineral Resources (Sustainable Development)
Act 1990, for "that have been renewed once"
substitute "for 10 years or less and that have
been renewed at least once".
(2) For clause 5(1)(a)(ii) of Schedule 8 to the
20 Mineral Resources (Sustainable Development)
Act 1990 substitute--
"(ii) that has been, at the time of that
commencement, in effect for a period of
10 years or less and renewed at least once;
25 and".
(3) In clause 6(1)(a)(ii) of Schedule 8 to the Mineral
Resources (Sustainable Development) Act 1990,
after "before" insert "or at the time of".
(4) In clause 7(1)(g) of Schedule 8 to the Mineral
30 Resources (Sustainable Development) Act 1990,
for "2008." substitute "2008;".
571167B.I-28/8/2012 33 BILL LA INTRODUCTION 28/8/2012
Resources Legislation Amendment (General) Bill 2012
Part 3--Amendment of Mineral Resources (Sustainable Development) Act
s. 40
1990
(5) After clause 7(1)(g) of Schedule 8 to the Mineral
Resources (Sustainable Development) Act 1990
insert--
"(h) exploration licence No. 3242 granted on
5 24 April 1987 to the extent that the licence
covers land not within the outer boundaries
of the land described in the mining licence
No. 4470 granted on 14 August 1979;
(i) exploration licence No. 3422 granted on
10 31 January 1994 to the extent that the licence
covers land not within the outer boundaries
of the land described in the mining licence
No. 5146 granted on 17 December 1996;
(j) exploration licence No. 3640 granted on
15 15 September 1994 to the extent that the
licence covers land not within the outer
boundaries of the land described in the
mining licence No. 4756 granted on
17 January 1989.".
20 (6) In clause 8(1)(d) of Schedule 8 to the Mineral
Resources (Sustainable Development) Act
1990--
(a) for "licences" substitute "licence";
(b) omit "and No. 5378 granted on 25 July
25 1988".
(7) In the heading to clause 11 of Schedule 8 to the
Mineral Resources (Sustainable Development)
Act 1990, for "in effect 10 years or more on
renewal" substitute "that have been renewed at
30 least once".
__________________
571167B.I-28/8/2012 34 BILL LA INTRODUCTION 28/8/2012
Resources Legislation Amendment (General) Bill 2012
Part 4--Amendment of Greenhouse Gas Geological Sequestration Act 2008
s. 41
PART 4--AMENDMENT OF GREENHOUSE GAS
GEOLOGICAL SEQUESTRATION ACT 2008
41 Definitions
(1) In section 3 of the Greenhouse Gas Geological See:
Act No.
5 Sequestration Act 2008, in the definition of 61/2008
authority after "retention lease," insert "a special and
amending
drilling authorisation,". Act Nos
61/2008,
(2) In section 3 of the Greenhouse Gas Geological 10/2010,
55/2010,
Sequestration Act 2008 insert the following 62/2010,
10 definitions-- 53/2011 and
17/2012.
"current authority holder means the holder of a LawToday:
www.
primary authorisation; legislation.
vic.gov.au
drilling authorisation area means an area
specified in a special drilling authorisation
15 under Part 8A;
greenhouse gas assessment permit has the same
meaning as in the Offshore Petroleum and
Greenhouse Gas Storage Act 2010;
greenhouse gas holding lease has the same
20 meaning as in the Offshore Petroleum and
Greenhouse Gas Storage Act 2010;
greenhouse gas injection licence has the same
meaning as in the Offshore Petroleum and
Greenhouse Gas Storage Act 2010;
25 primary authorisation means--
(a) an exploration permit; or
(b) a retention lease; or
(c) an injection and monitoring licence; or
(d) a greenhouse gas assessment permit; or
30 (e) a greenhouse gas holding lease; or
(f) a greenhouse gas injection licence;".
571167B.I-28/8/2012 35 BILL LA INTRODUCTION 28/8/2012
Resources Legislation Amendment (General) Bill 2012
Part 4--Amendment of Greenhouse Gas Geological Sequestration Act 2008
s. 42
42 New Part 8A inserted
After Part 8 of the Greenhouse Gas Geological
Sequestration Act 2008 insert--
"PART 8A--SPECIAL DRILLING
5 AUTHORISATIONS
146A Special drilling authorisation
(1) A special drilling authorisation authorises--
(a) a holder of an exploration permit,
retention lease, greenhouse gas
10 injection licence, injection and
monitoring licence, a greenhouse gas
assessment permit or a greenhouse gas
holding lease--
(i) to carry out greenhouse gas
15 sequestration formation
exploration in the drilling
authorisation area; and
(ii) to do anything in the drilling
authorisation area that is necessary
20 for the purposes of
subparagraph (i);
(b) a holder of an injection and monitoring
licence or a greenhouse gas injection
licence--
25 (i) to carry out greenhouse gas
substance injection and
monitoring in the drilling
authorisation area; and
(ii) to do anything in the drilling
30 authorisation area that is necessary
for the purposes of
subparagraph (i).
571167B.I-28/8/2012 36 BILL LA INTRODUCTION 28/8/2012
Resources Legislation Amendment (General) Bill 2012
Part 4--Amendment of Greenhouse Gas Geological Sequestration Act 2008
s. 42
(2) A special drilling authorisation does not give
a current authority holder any rights in
respect of resources and underground
geological storage formations in the drilling
5 authorisation area.
146B Application for special drilling
authorisation
(1) A current authority holder may apply to the
Minister for the grant of a special drilling
10 authorisation in respect of an area adjacent to
the area set out in a primary authorisation
held by the holder.
(2) In addition to complying with section 147,
an applicant for a special drilling
15 authorisation must--
(a) describe and precisely identify the area
in respect of which the authorisation is
sought; and
(b) describe in detail the greenhouse gas
20 sequestration operation that the person
seeks to carry out in that area; and
(c) submit details of--
(i) its relevant technical
qualifications and of the relevant
25 technical qualifications of its
employees; and
(ii) the relevant technical advice
available to it; and
(iii) the financial resources available to
30 it.
571167B.I-28/8/2012 37 BILL LA INTRODUCTION 28/8/2012
Resources Legislation Amendment (General) Bill 2012
Part 4--Amendment of Greenhouse Gas Geological Sequestration Act 2008
s. 42
146C General criteria the Minister must
consider
(1) The Minister must not grant an application
for an authorisation unless the Minister is
5 satisfied that the applicant holds a primary
authorisation in respect of an area that is
adjacent to the proposed drilling
authorisation area.
(2) The Minister must not grant an authorisation
10 in respect of an area unless the Minister is
satisfied that the size of the area is
appropriate having regard to the greenhouse
gas sequestration operation proposed in
respect of the area by the person applying for
15 the authorisation.
146D Criteria that apply to permit, lease and
licence areas
(1) This section applies if any part of the area in
respect of which a special drilling
20 authorisation is sought falls within an area
that is the subject of an exploration permit, a
retention lease or an injection and
monitoring licence held by a current
authority holder who is not the applicant.
25 (2) The Minister must not grant an authorisation
in respect of that part of the area unless that
current authority holder has consented in
writing to the issue of the authorisation in
respect of that part of the area.
30 146E Exception to section 146D
Despite section 146D(2), the Minister may
grant a special drilling authorisation in
respect of an area that is the subject of a
primary authorisation held by a current
35 authority holder who is not the applicant
without consent of that holder if--
571167B.I-28/8/2012 38 BILL LA INTRODUCTION 28/8/2012
Resources Legislation Amendment (General) Bill 2012
Part 4--Amendment of Greenhouse Gas Geological Sequestration Act 2008
s. 42
(a) the Minister--
(i) notifies that holder in writing that
the Minister is proposing to
exercise the Minister's powers
5 under this section, and of the
reasons why the Minister is
proposing to do so; and
(ii) gives that holder 28 days to make
any submissions it wishes in
10 relation to the proposal; and
(b) the Minister considers any submissions
made in response to the notice and also
takes into account any commercial
consequences to that holder that may be
15 likely if the authorisation is granted.
146F Minister may vary area to which
authorisation applies
In granting a special drilling authorisation,
the Minister may vary in any way the
20 Minister considers appropriate the size or the
boundaries of the area in respect of which
the authorisation was sought.
146G Authorisation does not give exclusive
rights
25 (1) The Minister may grant a special drilling
authorisation in respect of an area, or any
part of an area, that is already the subject of
another special drilling authorisation.
(2) The Minister must not grant a special drilling
30 authorisation in respect of an area, or any
part of an area, that is already the subject of
another special drilling authorisation
unless--
571167B.I-28/8/2012 39 BILL LA INTRODUCTION 28/8/2012
Resources Legislation Amendment (General) Bill 2012
Part 4--Amendment of Greenhouse Gas Geological Sequestration Act 2008
s. 42
(a) the Minister has taken into account the
work program of the current holder of
the special drilling authorisation; and
(b) the Minister is satisfied that the
5 greenhouse gas sequestration operation
proposed to be carried out under the
authorisation will not be detrimental to,
or unduly interfere with, any current or
proposed future operations of the
10 current holder of the special drilling
authorisation; and
(c) the current holder of the special drilling
authorisation has consented in writing
to the issue of another special drilling
15 authorisation in respect of that part of
the area.
(3) The Minister may grant an exploration
permit, a retention lease or an injection and
monitoring licence in respect of an area, or
20 any part of an area, that is already the subject
of a special drilling authorisation.
146H Term of authorisation
A special drilling authorisation continues in
force for the period specified in the
25 authorisation by the Minister--
(a) until it is cancelled by the Minister; or
(b) until it is surrendered; or
(c) until a primary authorisation in respect
of or adjacent to the drilling
30 authorisation area specified in the
authorisation expires or is surrendered,
cancelled or terminated; or
(d) unless this Act otherwise provides.
571167B.I-28/8/2012 40 BILL LA INTRODUCTION 28/8/2012
Resources Legislation Amendment (General) Bill 2012
Part 4--Amendment of Greenhouse Gas Geological Sequestration Act 2008
s. 42
146I Existing permit, lease or licence holder not
liable for actions of authorisation holder
(1) This section applies if any part of the drilling
authorisation area falls within an area that is
5 the subject of a primary authorisation held by
a current authority holder who is not the
holder of a special drilling authorisation.
(2) The current authority holder is not liable in
any way for any thing that is done or not
10 done by the holder of the special drilling
authorisation.
(3) Subsection (2) applies even if the current
authority holder consented to the granting of
the special drilling authorisation in respect of
15 the drilling authorisation area.
146J Authorisation holder must give data to the
Minister
(1) The holder of a special drilling authorisation
must give a copy of all factual information
20 obtained as a result of a greenhouse gas
sequestration operation carried out under the
authorisation to the Minister within 30 days
of the information being obtained.
Penalty: 60 penalty units.
25 (2) A reference to factual information in this
section includes any report compiled on the
basis of information obtained under the
authorisation.
146K Authorisation holder must give data to
30 permit, lease or licence holder
(1) This section applies if any part of a special
drilling authorisation area falls within an
area that is the subject of an exploration
permit, a retention lease or an injection and
35 monitoring licence held by a current
571167B.I-28/8/2012 41 BILL LA INTRODUCTION 28/8/2012
Resources Legislation Amendment (General) Bill 2012
Part 4--Amendment of Greenhouse Gas Geological Sequestration Act 2008
s. 43
authority holder who is not the holder of the
special drilling authorisation.
(2) The holder of a special drilling authorisation
must give a copy of any factual information
5 obtained as a result of a greenhouse gas
sequestration operation carried out under the
authorisation in that part of the area to the
current authority holder within 30 days after
completing in that part of the area the
10 operations from which the information was
obtained.
(3) If there is an agreement between the holder
of the authorisation and the current authority
holder in relation to the supply of the
15 information, that agreement prevails over
anything to the contrary in this section.
(4) A person must not impose any conditions on
the supply of information under this section.
(5) A person must comply with any obligation
20 imposed on the person by this section.
Penalty: 60 penalty units.
__________________".
43 New section 164A inserted
After section 164 of the Greenhouse Gas
25 Geological Sequestration Act 2008 insert--
"164A Transfers in relation to special drilling
authorisations
(1) This section applies if a primary
authorisation that is the basis for a special
30 drilling authorisation granted under Part 8A
is transferred under this Act or the Offshore
Petroleum and Greenhouse Gas Storage
Act 2010.
571167B.I-28/8/2012 42 BILL LA INTRODUCTION 28/8/2012
Resources Legislation Amendment (General) Bill 2012
Part 4--Amendment of Greenhouse Gas Geological Sequestration Act 2008
s. 44
(2) Despite anything to the contrary in this Act,
the special drilling authorisation to which
that primary authorisation relates is taken to
be transferred to the person to whom the
5 primary authorisation is transferred on the
same day the primary authorisation is
transferred.".
44 New sections 175A and 175B inserted
After section 175 of the Greenhouse Gas
10 Geological Sequestration Act 2008 insert--
"175A Special drilling authorisation suspended
or cancelled if primary authorisation
suspended or cancelled
(1) If a primary authorisation that is the basis for
15 a special drilling authorisation granted under
Part 8A is cancelled under this Act or the
Offshore Petroleum and Greenhouse Gas
Storage Act 2010, the special drilling
authorisation that relates to that primary
20 authorisation is taken to be cancelled on the
same day the primary authorisation is
cancelled.
(2) If a primary authorisation that is the basis for
a special drilling authorisation granted under
25 Part 8A is suspended under this Act or the
Offshore Petroleum and Greenhouse Gas
Storage Act 2010, the special drilling
authorisation that relates to that primary
authorisation is taken to be suspended on the
30 same day the primary authorisation is
suspended.
571167B.I-28/8/2012 43 BILL LA INTRODUCTION 28/8/2012
Resources Legislation Amendment (General) Bill 2012
Part 4--Amendment of Greenhouse Gas Geological Sequestration Act 2008
s. 45
175B Special drilling authorisation expires or is
terminated if primary authorisation
expires or is terminated
(1) If a primary authorisation that is the basis for
5 a special drilling authorisation granted under
Part 8A expires under this Act or the
Offshore Petroleum and Greenhouse Gas
Storage Act 2010, the special drilling
authorisation that relates to that primary
10 authorisation is taken to expire on the same
day the primary authorisation expires.
(2) If a primary authorisation that is the basis for
a special drilling authorisation granted under
Part 8A is terminated under the Offshore
15 Petroleum and Greenhouse Gas Storage
Act 2010, the special drilling authorisation
that relates to that primary authorisation is
taken to be terminated on the same day the
primary authorisation is terminated.".
20 45 Surveys and drilling operations
In section 294(1) of the Greenhouse Gas
Geological Sequestration Act 2008, for "mining"
substitute "underground geological storage
formation".
__________________
25
571167B.I-28/8/2012 44 BILL LA INTRODUCTION 28/8/2012
Resources Legislation Amendment (General) Bill 2012
Part 5--Amendment of Petroleum Act 1998
s. 46
PART 5--AMENDMENT OF PETROLEUM ACT 1998
46 General definitions
(1) In section 4 of the Petroleum Act 1998 insert the See:
Act No.
following definitions-- 96/1998.
Reprint No. 1
5 "offshore area has the same meaning as in the as at
18 September
Offshore Petroleum and Greenhouse Gas 2007
Storage Act 2010; and
amending
offshore petroleum exploration permit means a Act Nos
25/2008,
petroleum exploration permit within the 57/2009,
10 meaning of the Offshore Petroleum and 10/2010,
55/2010,
Greenhouse Gas Storage Act 2010; 62/2010,
74/2010,
offshore petroleum production licence means a 29/2011 and
petroleum production licence within the 17/2012.
LawToday:
meaning of the Offshore Petroleum and www.
15 Greenhouse Gas Storage Act 2010; legislation.
vic.gov.au
offshore petroleum retention lease means a
petroleum retention lease within the meaning
of the Offshore Petroleum and
Greenhouse Gas Storage Act 2010;".
20 (2) In section 4 of the Petroleum Act 1998, for the
definition of primary authorisation substitute--
"primary authorisation means--
(a) an exploration permit; or
(b) a retention lease; or
25 (c) a production licence; or
(d) an offshore petroleum exploration
permit; or
(e) an offshore petroleum retention lease;
or
30 (f) an offshore petroleum production
licence;".
571167B.I-28/8/2012 45 BILL LA INTRODUCTION 28/8/2012
Resources Legislation Amendment (General) Bill 2012
Part 5--Amendment of Petroleum Act 1998
s. 47
(3) In section 4 of the Petroleum Act 1998, the
definitions P(SL)A lease, P(SL)A licence and
P(SL)A permit are repealed.
47 Reference to chief factors
5 After section 19(2) of the Petroleum Act 1998
insert--
"(3) In subsection (2), chief factors means the
chief factors set out in section 20B(2)(a)
and (b) or 21(2)(a) and (b), as the case
10 requires.".
48 New section 20B inserted
After section 20A of the Petroleum Act 1998
insert--
"20B Chief factors to be considered when there
15 is only one application
(1) This section applies if only one application
for an exploration permit is received in
respect of an area.
(2) In deciding whether to grant or refuse to
20 grant an exploration permit, the chief factors
the Minister must take into account are--
(a) the merits of the work program
proposed by the applicant; and
(b) the likelihood that the work program
25 will be carried out.".
49 Notice to be given to applicants
(1) In section 22(1) of the Petroleum Act 1998, after
"applicant" insert "(if any)".
(2) In section 22(2) of the Petroleum Act 1998, for
30 "to any of the applicants for the permit, she or he
must notify all applicants" substitute
", the Minister must notify every applicant".
571167B.I-28/8/2012 46 BILL LA INTRODUCTION 28/8/2012
Resources Legislation Amendment (General) Bill 2012
Part 5--Amendment of Petroleum Act 1998
s. 50
50 Restrictions on permit area
For section 25 of the Petroleum Act 1998
substitute--
"25 Permit area for exploration permits
5 (1) In issuing an exploration permit, the Minister
must determine the area to which the
exploration permit applies in accordance
with this section.
(2) The area to which the permit applies must
10 not be more than 12 500 square kilometres.
(3) In addition, no part of the area to which the
permit applies may be within an area that is
already the subject of an exploration permit.
(4) The area that is determined may--
15 (a) be less than that applied for by the
applicant;
(b) be an area from which there are parts
that are excised;
(c) consist of non-continuous parcels of
20 land.".
51 Term of permit
In section 26 of the Petroleum Act 1998, for
"on the fifth anniversary of" substitute "5 years
after".
25 52 Renewal of permit
In section 28(2) of the Petroleum Act 1998, for
"on the tenth anniversary of" substitute "10 years
after".
571167B.I-28/8/2012 47 BILL LA INTRODUCTION 28/8/2012
Resources Legislation Amendment (General) Bill 2012
Part 5--Amendment of Petroleum Act 1998
s. 53
53 Special drilling authorisation
(1) In section 95A(1)(a) of the Petroleum Act 1998,
for "P(SL)A permit or a P(SL)A lease" substitute
"production licence, offshore petroleum
5 exploration permit, offshore petroleum production
licence or an offshore petroleum retention lease".
(2) In section 95A(1)(b) of the Petroleum Act 1998,
for "a P(SL)A licence" substitute "an offshore
petroleum production licence".
10 54 Authorisation holder must give data to permit, lease
or licence holder
In section 95K(2) of the Petroleum Act 1998--
(a) for "permit, lease or licence" substitute
"special drilling authorisation";
15 (b) for "that holder" substitute "the current
authority holder".
55 Transfers in relation to special drilling
authorisations
In section 107A(1) of the Petroleum Act 1998,
20 for "Petroleum (Submerged Lands) Act 1982"
substitute "Offshore Petroleum and
Greenhouse Gas Storage Act 2010".
56 Cancellation of authority
In section 113(b) of the Petroleum Act 1998, for
25 "the conditions" substitute "any conditions".
57 Special drilling authorisation suspended or
cancelled if primary authorisation suspended or
cancelled
(1) In section 113A(1) of the Petroleum Act 1998,
30 for "Petroleum (Submerged Lands) Act 1982"
substitute "Offshore Petroleum and
Greenhouse Gas Storage Act 2010".
571167B.I-28/8/2012 48 BILL LA INTRODUCTION 28/8/2012
Resources Legislation Amendment (General) Bill 2012
Part 5--Amendment of Petroleum Act 1998
s. 58
(2) In section 113A(2) of the Petroleum Act 1998,
for "Petroleum (Submerged Lands) Act 1982"
substitute "Offshore Petroleum and
Greenhouse Gas Storage Act 2010".
5 58 Special drilling authorisation expires or is
terminated if primary authorisation expires or is
terminated
(1) In section 113B(1) of the Petroleum Act 1998,
for "Petroleum (Submerged Lands) Act 1982"
10 substitute "Offshore Petroleum and
Greenhouse Gas Storage Act 2010".
(2) In section 113B(2) of the Petroleum Act 1998,
for "Petroleum (Submerged Lands) Act 1982"
substitute "Offshore Petroleum and
15 Greenhouse Gas Storage Act 2010".
59 Production operations also override planning
schemes
(1) For section 119(1) of the Petroleum Act 1998
substitute--
20 "(1) The holder of a production licence may be
granted a permit under a planning scheme to
carry out in the licence area for that licence
any petroleum production operation
authorised by that licence.
25 (1A) In addition, if the holder of a production
licence or an offshore petroleum production
licence holds a special drilling authorisation,
the holder may be granted a permit under a
planning scheme to carry out in the drilling
30 authorisation area for that authorisation any
petroleum production operation authorised
by that authorisation.
571167B.I-28/8/2012 49 BILL LA INTRODUCTION 28/8/2012
Resources Legislation Amendment (General) Bill 2012
Part 5--Amendment of Petroleum Act 1998
s. 60
(1B) Subsections (1) and (1A) apply despite
anything to the contrary in a planning
scheme that applies to a licence area or
drilling authorisation area mentioned in those
5 subsections.".
(2) In section 119(2) of the Petroleum Act 1998--
(a) for "This section applies" substitute
"Subsections (1) and (1A) apply";
(b) for "area" substitute "licence area or drilling
10 authorisation area".
60 Alternative approvals
(1) In section 120(1)(b) of the Petroleum Act 1998--
(a) after "licence" insert "who is not also a
holder of a special drilling authorisation";
15 (b) for "operation." substitute "operation in the
licence area; or".
(2) After section 120(1)(b) of the Petroleum Act
1998 insert--
"(c) the holder of a production licence or an
20 offshore petroleum production licence who
holds a special drilling authorisation may be
granted a permit under section 119 to carry
out a petroleum production operation in the
special drilling authorisation area.".
25 (3) In section 120(2)(c) of the Petroleum Act 1998,
for "licence" substitute "authority".
61 Department surveys
For section 244(2) and (3) of the Petroleum Act
1998 substitute--
30 "(2) Part 8 (other than section 128) applies to any
petroleum exploration operation under
subsection (1)--
571167B.I-28/8/2012 50 BILL LA INTRODUCTION 28/8/2012
Resources Legislation Amendment (General) Bill 2012
Part 5--Amendment of Petroleum Act 1998
s. 61
(a) as if a reference in that Part to an
authority holder or holder of an
authority were a reference to the
Department; and
5 (b) as if a reference in that Part to the
carrying out of a petroleum operation
were a reference to the carrying out of
petroleum exploration.".
__________________
571167B.I-28/8/2012 51 BILL LA INTRODUCTION 28/8/2012
Resources Legislation Amendment (General) Bill 2012
Part 6--Amendment of Offshore Petroleum and Greenhouse Gas Storage Act
s. 62
2010
PART 6--AMENDMENT OF OFFSHORE PETROLEUM AND
GREENHOUSE GAS STORAGE ACT 2010
62 Simplified outline
See: In section 70(11) of the Offshore Petroleum and
Act No.
5 10/2010 Greenhouse Gas Storage Act 2010, after
and "a well" insert ", other than a deviation well that
amending
Act Nos enters an adjacent permit area, lease area or
55/2010, licence area that is the subject of a permit, licence
62/2010,
80/2010, or lease held by that holder".
53/2011 and
43/2012.
LawToday:
www.
legislation.
vic.gov.au
10 63 Simplified outline
In section 236(3) of the Offshore Petroleum and
Greenhouse Gas Storage Act 2010, after
"a well" insert ", other than a deviation well that
enters an adjacent permit area, lease area or
15 licence area that is the subject of a permit, licence
or lease held by that holder".
64 Rights conferred by petroleum access authority
After section 237(2) of the Offshore Petroleum
and Greenhouse Gas Storage Act 2010 insert--
20 "(2A) However, a petroleum access authority
authorises the registered holder to make a
deviation well that enters--
(a) an adjacent permit area that is the
subject of a petroleum exploration
25 permit held by the registered holder; or
(b) an adjacent lease area that is the subject
of a petroleum retention lease held by
the registered holder; or
571167B.I-28/8/2012 52 BILL LA INTRODUCTION 28/8/2012
Resources Legislation Amendment (General) Bill 2012
Part 6--Amendment of Offshore Petroleum and Greenhouse Gas Storage Act
s. 65
2010
(c) an adjacent licence area that is the
subject of a petroleum production
licence held by the registered holder.".
65 Simplified outline
5 In section 283(9) of the Offshore Petroleum and
Greenhouse Gas Storage Act 2010, after
"a well" insert ", other than a deviation well that
enters an adjacent permit area, lease area or
licence area that is the subject of a permit, licence
10 or lease held by that holder".
66 Simplified outline
In section 443(3) of the Offshore Petroleum and
Greenhouse Gas Storage Act 2010, after
"a well" insert ", other than a deviation well that
15 enters an adjacent permit area, lease area or
licence area that is the subject of a permit, licence
or lease held by that holder".
67 Rights conferred by greenhouse gas special
authority
20 After section 444(2) of the Offshore Petroleum
and Greenhouse Gas Storage Act 2010 insert--
"(2A) However, a greenhouse gas special authority
authorises the registered holder to make a
deviation well that enters--
25 (a) an adjacent permit area that is the
subject of a greenhouse gas assessment
permit held by the registered holder; or
(b) an adjacent lease area that is the subject
of a greenhouse gas holding lease held
30 by the registered holder; or
(c) an adjacent licence area that is the
subject of a greenhouse gas injection
licence held by the registered holder.".
571167B.I-28/8/2012 53 BILL LA INTRODUCTION 28/8/2012
Resources Legislation Amendment (General) Bill 2012
Part 6--Amendment of Offshore Petroleum and Greenhouse Gas Storage Act
s. 68
2010
68 Offences under regulations
For section 797(2) of the Offshore Petroleum
and Greenhouse Gas Storage Act 2010
substitute--
5 "(2) The penalties for an offence against the
regulations must not exceed a fine of--
(a) 120 penalty units in the case of a
natural person;
(b) 600 penalty units in the case of a body
10 corporate.".
__________________
571167B.I-28/8/2012 54 BILL LA INTRODUCTION 28/8/2012
Resources Legislation Amendment (General) Bill 2012
Part 7--Amendment of Pipelines Act 2005
s. 69
PART 7--AMENDMENT OF PIPELINES ACT 2005
69 New section 18A inserted
After section 18 of the Pipelines Act 2005 See:
Act No.
insert-- 61/2005
Reprint No. 1
5 "18A Compliance with approved consultation as at
22 June 2011
plan and
amending
The proponent must comply with an Act Nos
approved consultation plan. 10/2010,
53/2011 and
Penalty: 20 penalty units.". 43/2012.
LawToday:
www.
legislation.
vic.gov.au
10 70 Consent to entry onto Crown land
(1) For section 21(1) of the Pipelines Act 2005
substitute--
"(1) A proponent must seek the consent of--
(a) the Crown Land Minister to the entry
15 by the proponent onto Crown land; or
(b) the public authority in which Crown
land is vested to the entry by the
proponent onto that Crown land--
for the purpose of a survey for the proposed
20 pipeline.".
(2) In section 21(2) of the Pipelines Act 2005, after
"Crown Land Minister" insert "or the public
authority".
(3) In section 21(3) of the Pipelines Act 2005, after
25 "Crown Land Minister" insert "or the public
authority".
571167B.I-28/8/2012 55 BILL LA INTRODUCTION 28/8/2012
Resources Legislation Amendment (General) Bill 2012
Part 7--Amendment of Pipelines Act 2005
s. 71
71 Referral of submissions to panel
For section 39(2) of the Pipelines Act 2005
substitute--
"(2) Subsection (1) does not apply to submissions
5 considered in an Environment Effects
Statement under the Environment Effects
Act 1978.".
72 Application to alter authorised route--significant
alterations
10 In section 68(4) of the Pipelines Act 2005 omit
"daily".
__________________
571167B.I-28/8/2012 56 BILL LA INTRODUCTION 28/8/2012
Resources Legislation Amendment (General) Bill 2012
Part 8--Amendment of Interpretation of Legislation Act 1984
s. 73
PART 8--AMENDMENT OF INTERPRETATION OF
LEGISLATION ACT 1984
73 Removal of redundant reference
In section 57(1) of the Interpretation of See:
Act No.
5 Legislation Act 1984 omit "and to section 794 of 10096.
the Offshore Petroleum and Greenhouse Gas Reprint No. 10
as at
Storage Act 2010 and the regulations made under 20 May 2010
that section". and
amending
Act Nos
10/2010,
11/2010,
13/2010,
21/2012,
64/2010,
70/2010,
72/2010,
80/2011,
21/2012 and
43/2012.
LawToday:
www.
legislation.
vic.gov.au
__________________
571167B.I-28/8/2012 57 BILL LA INTRODUCTION 28/8/2012
Resources Legislation Amendment (General) Bill 2012
Part 9--Amendment of Resources Legislation Amendment Act 2011
s. 74
PART 9--AMENDMENT OF RESOURCES LEGISLATION
AMENDMENT ACT 2011
74 Part 3 repealed
See: Part 3 of the Resources Legislation Amendment
Act No.
5 53/2011 Act 2011 is repealed.
and
amending
Act No.
43/2012.
Statute Book:
www.
legislation.
vic.gov.au
__________________
571167B.I-28/8/2012 58 BILL LA INTRODUCTION 28/8/2012
Resources Legislation Amendment (General) Bill 2012
Part 10--Repeal of Amending Act
s. 75
PART 10--REPEAL OF AMENDING ACT
75 Repeal of amending Act
This Act is repealed on 1 August 2014.
Note
5 The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
571167B.I-28/8/2012 59 BILL LA INTRODUCTION 28/8/2012
Resources Legislation Amendment (General) Bill 2012
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
571167B.I-28/8/2012 60 BILL LA INTRODUCTION 28/8/2012
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