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CONSTITUTION ACT 1975 - SECT 99

Parliament's legislative power constrained in relation to repealing, altering or varying provisions that prohibit hydraulic fracturing and coal seam gas exploration and mining

    (1)     The Parliament may not by any Act, whether expressly or by implication, repeal, alter or vary any of the following—

        (a)     section 16A of the Petroleum Act 1998 , which prohibits hydraulic fracturing in the course of carrying out a petroleum operation;

        (b)     section 8AD of the Mineral Resources (Sustainable Development) Act 1990 , which prohibits hydraulic fracturing on land by the holder of an exploration licence, a mining licence or a retention licence, in the course of carrying out exploration or mining under the licence;

        (c)     section 8AC of the Mineral Resources (Sustainable Development) Act 1990 , which prohibits carrying out exploration for, or mining of, coal seam gas on land;

        (d)     section 15(1BAA) of the Mineral Resources (Sustainable Development) Act 1990 , which prohibits the Minister accepting an application for an exploration licence, a mining licence or a retention licence, to the extent that it specifies that the licence is to relate to coal seam gas;

        (e)     a provision of an Act to the extent that the provision is necessary for the effective operation of a provision referred to in paragraph (a), (b), (c) or (d).

    (2)     Despite subsection (1), the Parliament may by any Act repeal, alter or vary a provision referred to in that subsection if the repeal, alteration or variation—

        (a)     substitutes for the provision one or more other provisions that have the same effect; or

        (b)     repeals and re-enacts the provision; or

        (c)     makes editorial changes that do not derogate from the substantive operation of the provision including, but not limited to, any of the following changes—

              (i)     changes made to correct typographical, grammatical or clerical errors;

              (ii)     changes to numbering;

              (iii)     changes of references to a re‑named entity or Act;

              (iv)     changes of a consequential nature that are required because of amendments or repeals of any Act, alterations in the arrangements relating to the machinery of government (however described), or for any other reason; or

        (d)     increases the penalty for contravening the provision; or

        (e)     widens the class of persons liable to a penalty for contravening the provision.

    (3)     Without limiting subsection (1), an Act is taken to repeal, alter or vary a provision referred to in that subsection if the Act—

        (a)     reduces the penalty for contravening the provision; or

        (b)     narrows the class of persons liable to a penalty for contravening the provision; or

        (c)     reduces the geographical area to which the provision applies.

    (4)     In this section—

"coal seam gas" has the same meaning as in section 4(1) of the Mineral Resources (Sustainable Development) Act 1990 ;

"commencement day" means the day on which section 4 of the Constitution Amendment (Fracking Ban) Act 2021 commences;

"exploration" has the same meaning as in section 4(1) of the Mineral Resources (Sustainable Development) Act 1990 ;

"exploration licence" means an exploration licence under Part 2 of the Mineral Resources (Sustainable Development) Act 1990 ;

"hydraulic fracturing" has the same meaning as in section 4(1) of the Mineral Resources (Sustainable Development) Act 1990 ;

Mineral Resources (Sustainable Development) Act 1990 means the Mineral Resources (Sustainable Development) Act 1990 as in force immediately before the commencement day;

"mining" has the same meaning as in section 4(1) of the Mineral Resources (Sustainable Development) Act 1990 ;

"mining licence" means a mining licence under Part 2 of the Mineral Resources (Sustainable Development) Act 1990 ;

Petroleum Act 1998 means the Petroleum Act 1998 as in force immediately before the commencement day;

petroleum operation has the meaning given by section 4 of the Petroleum Act   1998 ;

"retention licence" means a retention licence under Part 2 of the Mineral Resources (Sustainable Development) Act 1990 .




Sch. 1 amended by No. 9863 s. 2, repealed by No. 24/1996 s. 34(c).

    *     *     *     *     *



S. 23.

Sch. 2 substituted by No. 108/1994 s. 6(2), amended by Nos 69/2009 s. 54(Sch. Pt 2 item 11.2), 6/2018 s. 64.



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