Queensland Consolidated Acts

MINERAL AND ENERGY RESOURCES (COMMON PROVISIONS) ACT 2014

- As at 1 February 2024 
- Act 47 of 2014 

TABLE OF PROVISIONS

           Long Title

CHAPTER 1 - PRELIMINARY

   PART 1 - INTRODUCTION

   1.      Short title
   2.      Commencement

   PART 2 - PURPOSES AND APPLICATION OF ACT

   3.      Main purposes
   4.      How main purposes are achieved
   5.      Act binds all persons
   6.      Relationship with Resource Acts
   7.      Reference to a Resource Act includes reference to this Act

   PART 3 - INTERPRETATION

           Division 1 - Dictionary

   8.      Definitions

           Division 2 - Key definitions

   9.      What is a Resource Act
   10.     What is a resource authority
   11.     What is the authorised area
   11A.    Graticulation of earth’s surface into blocks and sub-blocks
   12.     Who is an owner of land and other things
   13.     What is private land
   14.     What is public land
   15.     What is a public road
   15A.    What is an advanced activity
   15B.    What is a preliminary activity

CHAPTER 2 - DEALINGS, CAVEATS AND ASSOCIATED AGREEMENTS

   PART 1 - DEALINGS

   16.     What is a dealing
   17.     Prescribed dealings require approval of Minister and registration
   17A.    Notifiable dealings require notice to chief executive and registration
   18.     Prohibited dealings have no effect
   19.     Application for Minister’s approval of prescribed dealing
   19A.    Rejection of application if intended transferee disqualified
   19B.    Notice to chief executive to register notifiable dealing
   20.     Unpaid royalties prevent registration of dealing
   21.     Failure to pay contribution to scheme fund or give surety prevents registration of dealing
   22.     Security may be required
   23.     Indication of Minister’s approval to register
   23A.    Effect of registration and Minister’s approval

   PART 2 - CAVEATS

   24.     Definition for part
   25.     Lodging of caveat
   26.     Effect of lodging caveat
   27.     Lapsing of caveat
   28.     Withdrawal or removal of caveat
   29.     Recording of lapsing, withdrawal or removal of caveat
   30.     Further caveat not available to same person
   31.     Compensation for lodging caveat without reasonable cause

   PART 3 - ASSOCIATED AGREEMENTS

   32.     What is an associated agreement
   33.     Recording associated agreements
   34.     Effect of recording associated agreements
   35.     Removing associated agreements from register

CHAPTER 3 - LAND ACCESS

   PART 1 - LAND ACCESS CODES

   36.     Making of land access codes

   PART 2 - PRIVATE LAND

           Division 1 - Application of part

   37.     Application of part

           Division 2 - Entry for authorised activities and access requires entry notice

   38.     Application of division
   39.     Obligation to give entry notice to owners and occupiers
   40.     Exemptions from obligations
   41.     Approval to give entry notices by publication
   42.     Right to give waiver of entry notice

           Division 3 - Entry for advanced activities requires agreement

   43.     Carrying out advanced activities on private land requires agreement
   44.     Deferral agreements
   45.     Right to elect to opt out

           Division 4 - Access to private land outside authorised area

              Subdivision 1 - Application

   46.     Application of division

              Subdivision 2 - Access rights and access agreements

   47.     Limited access to private land outside authorised area
   48.     Owner or occupier must not unreasonably refuse to make access agreement
   49.     Criteria for deciding whether access is reasonable
   50.     Additional topics for access agreements
   51.     Other rights to grant entry not affected

              Subdivision 3 - Land Court resolution

   52.     Power of Land Court to decide access agreement
   53.     Power of Land Court to vary access agreement

           Division 5 - Periodic report after entry of land

   54.     Report to owners and occupiers

           Division 6 - (Repealed)

   PART 3 - PUBLIC LAND

           Division 1 - Entry to public lands and particular uses of public roads

   56.     Application of division
   57.     What is a periodic entry notice
   58.     Entry to public land to carry out authorised activity is conditional
   59.     Conditions public land authority may impose
   60.     Right to give waiver of entry notice

           Division 2 - Notifiable road use

   61.     Application of division
   62.     What is a notifiable road use
   63.     Use of public roads for notifiable road use
   64.     Directions about notifiable road use
   65.     Exemptions from div 2

   PART 4 - RESTRICTED LAND

           Division 1 - Preliminary

              Subdivision 1 - Application

   66.     Application of part

              Subdivision 2 - Interpretation

   67.     Definitions for part
   68.     What is restricted land
   69.     Who is a relevant owner or occupier

           Division 2 - Entry for particular authorised activities requires consent

   70.     Consent required for entry on restricted land
   71.     (Repealed)

           Division 3 - Land court declarations

   72.     Application to Land Court for declaration

   PART 4A - REHABILITATION AND ENVIRONMENTAL MANAGEMENT

   72A.    Application of part
   72B.    Right of access for authorised activities includes access for rehabilitation and environmental management

   PART 5 - OTHER RESOURCE AUTHORITIES’ AUTHORISED AREAS

   73.     Application of part
   74.     Definitions for part
   75.     Access if second resource authority is a lease
   76.     Access if second resource authority is not a lease

   PART 6 - ENDURING EFFECT OF PARTICULAR AGREEMENTS, NOTICES AND WAIVERS

   77.     Access agreements, entry notices and waivers not affected by dealing
   78.     Entry notice and waivers not affected by change in ownership or occupancy
   79.     Written access agreement binds successors and assigns

   PART 7 - COMPENSATION AND NEGOTIATED ACCESS

           Division 1 - Compensation relating to private and public land

   80.     Application of division
   81.     General liability to compensate

           Division 2 - Conduct and compensation agreements

              Subdivision 1 - Application of division

   82.     Application of division

              Subdivision 2 - Making of conduct and compensation agreement

   83.     Conduct and compensation agreement

              Subdivision 2A - Conferences with an authorised officer

   83A.    Party may request conference
   83B.    Conduct of conference

              Subdivision 3 - Negotiation and ADR

   84.     Notice of intent to negotiate
   85.     Negotiations
   86.     No entry to land during minimum negotiation period
   87.     Cooling-off during minimum negotiation period
   88.     Party may seek ADR
   89.     Conduct of ADR
   90.     Non-attendance at ADR
   91.     Recovery of negotiation and preparation costs

              Subdivision 3A - Arbitration

   91A.    Party may request arbitration
   91B.    Arbitrator’s functions
   91D.    Application of Commercial Arbitration Act 2013
   91E.    Costs of arbitration
   91F.    Effect of arbitrator’s decision

              Subdivision 4 - Recording particular agreements

   92.     Particular agreements to be recorded on titles

           Division 3 - Compensation for notifiable road uses

   93.     Liability to compensate public road authority
   94.     Road compensation agreement
   95.     (Repealed)

           Division 4 - Land Court jurisdiction

              Subdivision 1 - Conduct and compensation

   96.     Party may apply to Land Court
   96A.    Applications may be heard together
   96B.    Negotiation and preparation costs
   97.     Orders Land Court may make

              Subdivision 2 - Additional jurisdiction

   98.     Additional jurisdiction for compensation, conduct and related matters
   99.     Jurisdiction to impose or vary conditions
   99A.    Jurisdiction to decide alleged breach of conduct and compensation agreement

              Subdivision 3 - Compensation for notifiable road use

   100.    Deciding compensation by Land Court

              Subdivision 4 - Later review of compensation by Land Court

   101.    Review of compensation by Land Court

           Division 5 - Successors and assigns

   101A.   Agreement binding on successors and assigns
   101B.   Land Court decision binding on successors and assigns
   101C.   Arbitrator’s decision binding on successors and assigns

   PART 8 - CONFERENCES HELD BY AUTHORISED OFFICER

   101D.   Notice of concern may be given to authorised officer
   101E.   Authorised officer may call conference
   101F.   Conduct of conference

CHAPTER 4 - OVERLAPPING COAL AND PETROLEUM RESOURCE AUTHORITIES

   PART 1 - PRELIMINARY

           Division 1 - Purposes of chapter

   102.    Main purposes of chapter

           Division 2 - Interpretation

   103.    Definitions for chapter
   104.    What is an overlapping area
   105.    What is an ML (coal) holder
   106.    What is a PL holder
   107.    Extended meaning of ML (coal) and PL

           Division 3 - Other key provisions

   108.    Purpose of division
   109.    What is an initial mining area or IMA
   110.    What is a future mining area or FMA
   111.    What is a rolling mining area or RMA
   112.    What is a simultaneous operations zone or SOZ
   113.    What is sole occupancy
   114.    What is joint occupancy
   115.    What is the mining commencement date
   116.    (Repealed)

           Division 4 - Mandatory requirements

   117.    Mandatory requirements for participants

   PART 2 - RIGHT OF WAY FOR COAL

           Division 1 - Preliminary

   118.    Definitions for part
   119.    Table for part

           Division 2 - Sole occupancy

   120.    Sole occupancy of IMA
   121.    Advance notice
   122.    18 months notice
   123.    Confirmation notice
   124.    Sole occupancy of RMA
   125.    RMA notice
   126.    Joint occupancy of SOZ
   127.    Exceptional circumstances notice may be given by petroleum resource authority holder
   128.    Acceleration notice may be given by ML (coal) holder
   129.    Abandonment of sole occupancy of IMA or RMA

           Division 3 - Joint development plan

   130.    Requirement for agreed joint development plan
   131.    Negotiation of agreed joint development plan
   132.    Consistency with development plans
   133.    Amendment of agreed joint development plan
   134.    Authorised activities allowed only if consistent with agreed joint development plan
   135.    Condition of authorities

           Division 4 - Incidental coal seam gas

   136.    Definitions for division
   137.    Resource optimisation
   138.    Right of first refusal

   PART 3 - SUBSEQUENT PETROLEUM PRODUCTION

   139.    Definitions for part
   140.    Table for part
   141.    Petroleum production notice
   142.    Requirement for agreed joint development plan
   142A.   Petroleum production notice given more than 6 months after advance notice
   143.    (Repealed)
   144.    Negotiation of agreed joint development plan
   145.    Consistency of development plans
   146.    Amendment of agreed joint development plan
   147.    Authorised activities allowed only if consistent with agreed joint development plan
   148.    Condition of authorities
   148A.   Modification of particular provisions if preferred tenderer appointed

   PART 4 - CONCURRENT APPLICATIONS

   149.    Concurrent notice may be given by ATP holder
   150.    Requirements for holder of EP (coal) or MDL (coal) if concurrent PL application

   PART 5 - ADVERSE EFFECTS TEST

   151.    Table for part
   152.    Authorised activities allowed only if no adverse effects
   153.    Expedited land access for petroleum resource authority holders

   PART 6 - GENERAL PROVISIONS

           Division 1 - Information exchange

   154.    Resource authority holders must exchange information
   155.    Annual meetings
   156.    Confidentiality
   157.    (Repealed)
   158.    (Repealed)
   159.    (Repealed)
   160.    (Repealed)

           Division 2 - Compensation

              Subdivision 1 - Preliminary

   161.    Definitions for division
   162.    What is lost production
   163.    What is PL major gas infrastructure
   164.    What is PL minor gas infrastructure
   165.    What is PL connecting infrastructure
   166.    What is ATP major gas infrastructure

              Subdivision 2 - Liability to compensate

   167.    Liability of ML (coal) holder to compensate PL holder
   168.    Liability of ML (coal) holder to compensate ATP holder
   169.    Meeting compensation liability
   170.    Minimising compensation liability
   171.    Offsetting of compensation liability
   172.    Reconciliation payments and replacement gas
   173.    Claiming compensation
   174.    Availability of dispute resolution

           Division 5 - (Repealed)

CHAPTER 5 - GENERAL PROVISIONS FOR OVERLAPPING AND CO-EXISTING RESOURCE AUTHORITIES

   PART 1 - PRELIMINARY

   174A.   Definitions for chapter

   PART 2 - MINISTERIAL POWERS

   174B.   Requirement to give copy of agreed plan
   174C.   Amendment of agreed plan
   174D.   Request for information
   174E.   Right of appeal

   PART 3 - DISPUTE RESOLUTION

   175.    Application of part
   176.    Definitions for part
   177.    Nomination of arbitrator
   178.    Arbitrator’s functions
   179.    Expert appointed by arbitrator
   180.    Application of Commercial Arbitration Act 2013
   181.    Costs of arbitration
   182.    Effect of arbitrator’s decision
   183.    Copy of award and reasons for award
   184.    (Repealed)
   185.    (Repealed)

CHAPTER 6 - APPLICATIONS AND OTHER DOCUMENTS

   PART 1 - PROCESSING APPLICATIONS

           Division 1 - Preliminary

   186.    Definitions for part
   187.    Application of part

           Division 2 - Making, amending and withdrawing applications

   188.    Requirements for applications
   189.    Invalid applications
   190.    Substantial compliance
   191.    Amending applications
   192.    Withdrawing applications

           Division 3 - Directions about applications

   193.    Deciding authority may make directions about applications

           Division 4 - Deciding applications

   194.    Criteria for considering applications
   195.    Notice of decisions

   PART 2 - LODGING DOCUMENTS

   196.    Lodging documents

CHAPTER 7 - DISQUALIFICATION OF APPLICANTS

   196A.   Definitions for chapter
   196B.   Application of chapter
   196C.   Disqualification from grant or transfer of resource authority
   196D.   Requirement for further information
   196E.   Criminal history check
   196F.   Costs of criminal history report
   196G.   Notice of intended disqualification
   196H.   Notice of disqualification

CHAPTER 8 - MISCELLANEOUS

   PART 1 - RESOURCE AUTHORITY REGISTER

   197.    Register to be kept
   198.    Access to register
   199.    Arrangements with other departments for copies from register
   200.    Supply of statistical data from register
   201.    Chief executive may correct register

   PART 2 - OTHER PROVISIONS

   202.    Practice manual
   203.    Fees—payment methods
   204.    Fees—evidence and timing of payment
   205.    Chief executive may require particular information
   206.    References to right to enter
   207.    Delegation of functions or powers
   208.    Functions or powers carried out through agents
   209.    Approved forms
   210.    Regulation-making power
   211.    (Expired)

CHAPTER 9 - SAVINGS AND TRANSITIONAL PROVISIONS FOR ACT NO. 47 OF 2014

   PART 1 - PRELIMINARY

   212.    Definitions for ch 7

   PART 2 - PROVISIONS FOR DEALINGS

   213.    Incomplete registration of dealings
   214.    Continuing effect of indicative approval
   215.    Unrecorded associated agreements
   216.    Transfer of matters to new register

   PART 3 - PROVISIONS FOR LAND ACCESS

   217.    Definitions for pt 3
   218.    Existing land access code
   219.    Existing conduct and compensation agreement requirements—carrying out authorised activity within 600m of school or occupied residence
   220.    Existing entry notices
   221.    Existing waiver of entry notices
   222.    Existing deferral agreements
   223.    Existing access agreements
   223A.   Existing consent given by reserve owner to exploration permit holder or mineral development licence holder
   224.    Existing conditions imposed by public land authority for entry to public land
   224A.   Continuing notifiable road use
   225.    Existing road use directions
   226.    Existing written consent to enter land given by second resource authority holder
   227.    Existing conduct and compensation agreements
   228.    Existing negotiations for conduct and compensation agreement or deferral agreement
   228A.   Existing road compensation agreements
   228B.   Existing requirements under Mineral Resources Act to obtain written consent of owner to enter restricted land
   228C.   Existing requirements under Geothermal Act to obtain written consent of owner to carry out authorised activities on particular land
   228D.   Land access requirements for particular applications under Mineral Resources Act not decided before commencement
   228E.   Land access requirements for particular applications under Geothermal Act not decided before commencement
   228F.   Land access requirements for relevant resource authorities applied for before commencement

   PART 4 - PROVISIONS FOR OVERLAPPING COAL AND PETROLEUM RESOURCE AUTHORITIES

           Division 1 - Preliminary

   229.    Definitions for pt 4
   230.    Ch 4 definitions
   231.    Overlapping resource authorities
   231A.   Existing agreement between resource holders

           Division 1A - Overlapping exploration resource authorities

   231B.   Exploration resource authorities

           Division 2 - Resource authorities granted over existing production resource authorities

   232.    Coal resource authority granted over existing PL
   233.    Petroleum resource authority granted over existing ML (coal)

           Division 2A - Existing applications under Mineral Resources Act, chapter 6

   233A.   Application for ML (coal) over land in area of existing ATP

           Division 3 - Existing applications under Mineral Resources Act, chapter 8

   234.    Application for ML (coal) over land in area of ATP (without consent)
   235.    Application for ML (coal) over land in area of ATP (with consent)
   236.    Application for ML (coal) over land in area of PL (without consent)
   237.    Application for ML (coal) over land in area of PL (with consent)

           Division 4 - Existing applications under P&G Act, chapter 3

   238.    Application for PL over land in area of coal exploration authority
   239.    (Repealed)
   240.    Application for PL over land in area of ML (coal)
   241.    (Repealed)

           Division 4A - Undecided ML (coal) and PL applications

   241A.   Application for ML (coal) and application for PL both undecided before commencement

           Division 5 - Modification of particular provisions of Common Provisions Act for Surat Basin area

   242.    Application of div 5
   243.    Requirements for advance notice and acceleration notice

   PART 5 - PROVISIONS ABOUT APPLICATION OF SECTION 232
   243A. Application generally

   243B.   Application to coal resource authority granted over replacement PL

CHAPTER 10 - FURTHER TRANSITIONAL PROVISIONS

   PART 1 - TRANSITIONAL PROVISION FOR LAND ACCESS OMBUDSMAN ACT 2017

   244.    Provision inserted into Act prevails over provision of transitional regulation

   PART 2 - TRANSITIONAL PROVISIONS FOR MINERAL, WATER AND OTHER LEGISLATION AMENDMENT ACT 2018

   245.    Election notice
   246.    Recovery of particular negotiation and preparation costs

   PART 3 - TRANSITIONAL PROVISIONS FOR MINERAL AND ENERGY RESOURCES AND OTHER LEGISLATION AMENDMENT ACT 2020

   247.    Application for approval to register particular prescribed dealings taken to be notification of particular notifiable dealings
   248.    Disqualification of applicants
           SCHEDULE 1
           SCHEDULE 2