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MINERAL AND ENERGY RESOURCES (COMMON PROVISIONS) ACT 2014 NO. 47
TABLE OF PROVISIONS
Contents
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
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
CHAPTER 2--DEALINGS, CAVEATS AND ASSOCIATED AGREEMENTS
Part 1--Dealings
16. What is a dealing
17. Prescribed dealings require registration
18. Prohibited dealings have no effect
19. Application for Minister's approval to register dealing
20. Unpaid royalties prevent transfer of resource authority
21. Security may be required
22. Effect of registration and Minister's approval
23. Indication of Minister's approval to register
Part 2--Caveats
24. Definition for pt 2
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 pt 2
37. Application of pt 2
Division 2--Entry for authorised activities and access requires entry notice
38. Application of div 2
39. Obligation to give entry notice to owners and occupiers
40. Exemptions from obligations under div 2
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 div 4
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 notice after entry of land
54. Notice to owners and occupiers
Division 6--Access to carry out rehabilitation and environmental management
55. Right of access for authorised activities includes access for rehabilitation and environmental management
Part 3--Public land
Division 1--Entry to public lands and particular uses of public roads
56. Application of div 1
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 div 2
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 pt 4
Subdivision 2--Interpretation
67. Definitions for pt 4
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. Consent not required for entry on particular land to carry out prescribed activities for mining lease
72. Application to Land Court for declaration
Part 5--Other resource authorities' authorised areas
73. Application of pt 5
74. Definitions for pt 5
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 div 1
81. General liability to compensate
Division 2--Provisions for conduct and compensation agreements
Subdivision 1--Application of div 2
82. Application of div 2
Subdivision 2--Conduct and compensation agreement
83. Conduct and compensation agreement
Subdivision 3--Negotiation process
84. Notice of intent to negotiate
85. Negotiations
86. No entry during minimum negotiation period
87. Cooling-off during minimum negotiation period
88. Parties may seek conference or ADR
89. Conduct of conference
90. Conduct of ADR
91. Nonattendance at a conference or ADR
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
Division 4--Changes not affecting compensation
95. Compensation not affected by change in administration or of resource authority holder
Division 5--Land Court jurisdiction for compensation and conduct
Subdivision 1--Negotiation process
96. Land Court may decide if negotiation process unsuccessful
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
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
CHAPTER 4--OVERLAPPING COAL AND PETROLEUM RESOURCE AUTHORITIES
Part 1--Preliminary
Division 1--Purposes of chapter
102. Main purposes of ch 4
Division 2--Interpretation
103. Definitions for ch 4
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 div 3
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 proposed mining commencement date
116. What is the agreed mining commencement date
Division 4--Mandatory requirements
117. Mandatory requirements for participants
Part 2--Right of way for coal
Division 1--Preliminary
118. Definitions for pt 2
119. Table for pt 2
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 work programs and 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 div 4
137. Resource optimisation
138. Right of first refusal
Part 3--Subsequent petroleum production
139. Definitions for pt 3
140. Table for pt 3
141. Petroleum production notice
142. Requirement for agreed joint development plan
143. Exceptional circumstances notice previously given by ATP holder when PL holder
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
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 pt 5
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
Division 2--Ministerial powers
157. Requirement to give copy of agreed joint development plan
158. Amendment of agreed joint development plan
159. Request for information
160. Right of appeal
Division 3--Compensation
Subdivision 1--Preliminary
161. Definitions for div 3
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 4--Dispute resolution
175. Application of div 4
176. Definition for div 4
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. Notice to chief executive after arbitration
Division 5--Miscellaneous provision
185. Copy of notice to chief executive
CHAPTER 5--APPLICATIONS AND OTHER DOCUMENTS
Part 1--Processing applications
Division 1--Preliminary
186. Definitions for pt 1
187. Application of pt 1
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 6--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. Transitional regulation-making power
CHAPTER 7--SAVINGS AND TRANSITIONAL PROVISIONS
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. Continuation of former land access code
218. Continuation of past conduct and compensation agreements
219. Continuation of past deferral agreements
220. Continuation of past access agreements
221. Continuation of past entry notices
222. Continuation of past consent
223. Continuation of past waiver of entry notice
224. Continuation of conditions imposed by public land authority
225. Continuation of past compensation agreements
226. Continuation of past road use directions
227. Validity of continuing matters
228. Application of new restricted land entry provisions
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
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 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 (without consent)
239. Application for PL over land in area of coal exploration authority (with consent)
240. Application for PL over land in area of ML (coal) (without consent)
241. Application for PL over land in area of ML (coal) (with consent)
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
CHAPTER 8--REPEAL OF COAL AND OIL SHALE MINE WORKERS' SUPERANNUATION ACT 1989
244. Repeal
CHAPTER 9--AMENDMENTS OF LEGISLATION
Part 1--Amendment of this Act
245. Act amended
246. Amendment of long title
Part 2--Amendment of Aboriginal Cultural Heritage Act 2003
247. Act amended
248. Amendment of sch 2 (Dictionary)
Part 3--Amendment of Environmental Protection Act 1994
Division 1--Preliminary
249. Act amended
Division 2--Amendments relating to the Common Provisions Act, chapter 2
250. Omission of s 427 (Offence to operate under environmental authority if not a registered suitable operator in particular circumstances)
251. Insertion of new ch 13, pt 22
Division 3--Amendments relating to the Common Provisions Act, chapter 4
252. Amendment of s 268 (Criteria for decision)
253. Insertion of new s 268A
254. Amendment of s 269 (Restrictions on giving approval)
255. Amendment of sch 4 (Dictionary)
Division 4--Amendments relating to gas emissions
256. Amendment of s 426 (Environmental authority required for particular environmentally relevant activities)
257. Amendment of s 493A (When environmental harm or related acts are unlawful)
Division 5--Amendments relating to mining applications
258. Amendment of s 139 (Information stage does not apply if EIS process complete)
259. Amendment of s 149 (When notification stage applies)
260. Amendment of s 150 (Notification stage does not apply if EIS process complete)
261. Amendment of s 152 (Public notice of application)
262. Omission of s 154 (Submission period for application—mining activities)
263. Amendment of s 155 (Submission period for application—other resource activities)
264. Amendment of s 156 (Publication of application notice and documents on website)
265. Amendment of s 158 (Declaration of compliance)
266. Amendment of s 170 (Deciding standard application)
267. Omission of s 175 (Criteria for decision—standard application)
268. Amendment of ch 5, pt 5, div 3, hdg (Applications for mining activities relating to a mining lease)
269. Amendment of s 180 (Application of div 3)
270. Amendment of s 181 (Notice of decision)
271. Amendment of s 182 (Submitter may give objection notice)
272. Amendment of s 183 (Applicant may request referral to Land Court)
273. Amendment of s 184 (Application of sdiv 3)
274. Amendment of s 185 (Referral to Land Court)
275. Amendment of s 188 (Objections decision hearing)
276. Insertion of new s 188A
277. Amendment of s 194 (Final decision on application)
278. Amendment of s 195 (Issuing environmental authority)
279. Amendment of s 230 (Administering authority may require public notification for particular amendment applications)
280. Amendment of s 232 (Relevant application process applies)
281. Omission of s 233 (Public notice of amendment application)
282. Amendment of s 234 (Submission period)
283. Insertion of new s 718
284. Amendment of sch 2 (Original decisions)
Division 6--Amendments relating to native title
285. Amendment of s 210 (Inconsistencies between particular conditions)
286. Insertion of new s 719
Part 4--Amendment of Geothermal Energy Act 2010
Division 1--Preliminary
287. Act amended
Division 2--Amendments relating to the Common Provisions Act, chapter 1
288. Insertion of new s 8AA
289. Amendment of sch 2 (Dictionary)
Division 3--Amendments relating to the Common Provisions Act, chapter 2
290. Omission of ch 6, pts 11–11B
291. Amendment of s 351 (Joint holders of a geothermal tenure)
292. Amendment of s 369 (Amending applications)
293. Insertion of new ch 9, pt 4
294. Amendment of sch 1 (Decisions subject to appeal)
295. Amendment of sch 2 (Dictionary)
Division 4--Amendments relating to the Common Provisions Act, chapter 3
296. Amendment of s 30 (Operation of pt 1)
297. Amendment of s 74 (Operation of pt 1)
298. Replacement of ch 6, pts 5–8
299. Amendment of s 315 (What happens if a party does not attend)
300. Amendment of s 316 (Authorised officer's role)
301. Amendment of s 331 (Obstruction of geothermal tenure holder)
302. Amendment of s 333A (Executive officer may be taken to have committed offence)
303. Omission of s 358 (Restrictions on carrying out authorised activities on particular land)
304. Amendment of s 362 (Authorisation to enter to facilitate compliance)
305. Amendment of sch 2 (Dictionary)
Division 5--Amendments relating to the Common Provisions Act, chapter 6
306. Omission of ch 6, pt 10 (Geothermal register)
307. Amendment of s 325 (Notice and taking effect of decision)
308. Amendment of s 345 (Other evidentiary aids)
309. Amendment of s 350A (Extinguishing geothermal interests on the taking of land in a geothermal tenure's area (other than by an easement))
310. Amendment of s 351 (Joint holders of a geothermal tenure)
311. Omission of s 383 (Practice manual)
312. Insertion of new s 412
313. Amendment of sch 2 (Dictionary)
Division 6--Amendments relating to gas emissions
314. Amendment of s 31 (Principal authorised activities)
315. Amendment of s 75 (Principal authorised activities)
316. Amendment of sch 2 (Dictionary)
Division 7--Miscellaneous amendments
317. Amendment of sch 2 (Dictionary)
Part 5--Amendment of Greenhouse Gas Storage Act 2009
Division 1--Preliminary
318. Act amended
Division 2--Amendments relating to the Common Provisions Act, chapter 1
319. Insertion of new s 8AA
320. Amendment of sch 2 (Dictionary)
Division 3--Amendments relating to the Common Provisions Act, chapter 2
321. Omission of ch 5, pts 14–14B
322. Amendment of s 370 (Joint holders of a GHG authority)
323. Amendment of s 416 (Amending applications)
324. Insertion of new ch 8, pt 4
325. Amendment of sch 1 (Decisions subject to appeal)
326. Amendment of sch 2 (Dictionary)
Division 4--Amendments relating to the Common Provisions Act, chapter 3
327. Amendment of s 29 (Operation of pt 1)
328. Amendment of s 109 (Operation of pt 1)
329. Omission of ch 5, pts 7–10
330. Amendment of s 377D (What happens if a party does not attend)
331. Amendment of s 377E (Authorised officer's role)
332. Amendment of s 389 (Obstruction of GHG authority holder)
333. Amendment of sch 2 (Dictionary)
Division 5--Amendments relating to the Common Provisions Act, chapter 6
334. Omission of ch 5, pt 13 (GHG register)
335. Amendment of s 369A (Extinguishing GHG interests on the taking of land in a GHG authority's area (other than by an easement))
336. Amendment of s 370 (Joint holders of a GHG authority)
337. Amendment of s 384 (Notice and taking effect of decision)
338. Amendment of s 406 (Other evidentiary aids)
339. Omission of s 427 (Practice manual)
340. Insertion of new s 449
341. Amendment of sch 2 (Dictionary)
Division 6--Amendments relating to gas emissions
342. Amendment of s 30 (Principal authorised activities)
343. Amendment of s 110 (Principal authorised activities)
344. Amendment of sch 2 (Dictionary)
Division 7--Miscellaneous amendments
345. Amendment of sch 2 (Dictionary)
Part 6--Amendment of Land Court Act 2000
346. Act amended
347. Amendment of s 32G (Jurisdiction for negotiated agreements)
348. Omission of s 32I (Jurisdiction for contract conditions)
349. Insertion of new pt 6, div 4
Part 7--Amendment of Mineral Resources Act 1989
Division 1--Preliminary
350. Act amended
Division 2--Amendments relating to the Common Provisions Act, chapter 1
351. Insertion of new s 3BA
352. Amendment of sch 2 (Dictionary)
Division 3--Amendments relating to the Common Provisions Act, chapter 2
353. Amendment of s 10AA (Joint holders of mining tenement)
354. Amendment of s 93D (Renewal of claim must be in name of last recorded transferee)
355. Amendment of s 147F (Renewal of permit must be in name of last recorded transferee)
356. Amendment of s 160 (Contravention by holder of exploration permit)
357. Amendment of s 193 (Rental payable on mineral development licence)
358. Amendment of s 197F (Renewal of licence must be in name of last recorded transferee)
359. Amendment of s 209 (Contravention by holder of mineral development licence)
360. Amendment of s 231I (Requirements for transferring or mortgaging mineral development licences)
361. Amendment of s 286F (Renewal of lease must be in name of last recorded transferee)
362. Amendment of s 318AAK (Requirements for transferring, mortgaging or subleasing mining leases)
363. Replacement of ch 7, hdg (Common provisions for mining tenements)
364. Replacement of ch 7, pts 1–3
365. Amendment of ch 7, pt 4, hdg, (Appeals about approvals of assessable transfers)
366. Amendment of s 318AAZM (Who may appeal)
367. Amendment of s 318AB (Relationship with ch 4–6 and ch 7, pt 1)
368. Amendment of s 318DO (Requirement for coordination arrangement to transfer or sublet mining lease in area of petroleum lease)
369. Amendment of s 401A (Protection against liability as condition of approval)
370. Amendment of s 406 (Land Court may review direction or requirement)
371. Insertion of new ch 15, pt 10
372. Amendment of sch 2 (Dictionary)
Division 4--Amendments relating to the Common Provisions Act, chapter 3
373. Insertion of new ss 7A and 7B
374. Amendment of s 129 (Entitlements under exploration permit)
375. Replacement of s 163 (Access and compensation provisions—sch 1)
376. Amendment of s 181 (Obligations and entitlement under mineral development licence)
377. Replacement of s 211 (Access and compensation provisions—sch 1)
378. Omission of ch 10 (Roads)
379. Amendment of s 335I (What happens if a party does not attend)
380. Amendment of s 335J (Authorised officer's role)
381. Omission of s 391B (Right of access for authorised activities includes access for rehabilitation and environmental management)
382. Amendment of s 397B (Obstruction of mining tenement holder)
383. Amendment of s 412B (Executive officer may be taken to have committed offence)
384. Amendment of s 781 (Additional exemption to conduct and compensation agreement requirement)
385. Omission of sch 1 (Access and compensation provisions for exploration permits and mineral development licences)
386. Amendment of sch 2 (Dictionary)
Division 5--Amendments relating to the Common Provisions Act, chapter 4
387. Omission of ss 318A and 318AA
388. Amendment of s 318AE (What is a coal exploration tenement, a coal mining lease and a special coal mining lease)
389. Amendment of s 318AI (Petroleum tenures)
Division 6--Amendments relating to the Common Provisions Act, chapter 6
390. Amendment of s 103 (Correction of certificate of grant of mining claim)
391. Amendment of s 149 (Correction of instrument of exploration permit)
392. Amendment of s 206 (Correction of instrument of mineral development licence)
393. Amendment of s 230 (Plant remaining on former mineral development licence may be sold etc.)
394. Amendment of s 314 (Property remaining on former mining lease may be sold)
395. Omission of ss 387–387D
396. Omission of s 416B (Practice manual)
397. Insertion of new s 825
398. Amendment of sch 2 (Dictionary)
Division 7--Amendments relating to gas emissions
399. Amendment of s 129 (Entitlements under exploration permit)
400. Amendment of s 181 (Obligations and entitlement under mineral development licence)
401. Amendment of s 235 (General entitlements of holder of mining lease)
402. Amendment of s 344B (Entering land to carry out rehabilitation activities)
403. Amendment of sch 2 (Dictionary)
Division 8--Amendments relating to incidental coal seam gas
404. Amendment of s 316 (Mining lease for transportation through land)
405. Amendment of s 318CL (Application of pt 8)
406. Replacement of s 318CN (Use that may be made under mining lease of incidental coal seam gas)
407. Amendment of s 318CO (Restriction on flaring or venting of incidental coal seam gas)
408. Insertion of new s 826
Division 9--Amendments relating to mining applications
409. Amendment of s 19 (Consent required to enter certain land)
410. Amendment of s 20 (Provisions about consents to enter land)
411. Replacement of s 48 (Land in area of mining claim)
412. Amendment of s 51 (Land for which mining claim not to be granted)
413. Omission of ss 56–60
414. Amendment of s 61 (Application for grant of mining claim)
415. Omission of s 62 (Description of mining claim)
416. Replacement of ss 64 to 64D
417. Amendment of s 81 (Conditions of mining claim)
418. Omission of s 90 (Duty of holder of mining claim to mark boundary posts)
419. Amendment of s 121 (Effect of termination of mining claim)
420. Amendment of s 125 (Variation of access to mining claim area)
421. Amendment of s 129 (Entitlements under exploration permit)
422. Amendment of s 181 (Obligations and entitlement under mineral development licence)
423. Amendment of s 183 (Application for mineral development licence)
424. Omission of s 184 (Description of mineral development licence)
425. Amendment of s 189 (Abandonment of application for mineral development licence)
426. Amendment of s 210 (Surrender of mineral development licence)
427. Amendment of s 231 (Variation of access to mineral development licence area)
428. Amendment of s 231C (Application for mineral development licence (183))
429. Omission of s 231D (Alternative way of describing mineral development licence (184))
430. Replacement of s 232 (Land subject to mining lease)
431. Omission of s 238 (Mining lease over surface of restricted land)
432. Replacement of s 239 (Restriction on mining leases where land freed from exploration permit)
433. Omission of ss 240–244
434. Replacement of s 245 (Application for grant of mining lease)
435. Omission of s 246 (Description of mining lease)
436. Replacement of ss 252—252D
437. Amendment of s 253 (Reissue of certificate of public notice)
438. Replacement of s 260 (Objection to application for grant of mining lease)
439. Replacement of s 265 (Referral of application and objections to Land Court)
440. Amendment of s 266 (Chief executive may recommend rejection of application for noncompliance)
441. Insertion of new s 267A
442. Amendment of s 269 (Land Court's recommendation on hearing)
443. Amendment of s 271 (Criteria for deciding mining lease application)
444. Amendment of s 271A (Deciding mining lease application)
445. Omission of s 274 (Holder of a mining lease to mark boundary posts)
446. Amendment of s 275 (Application for inclusion of surface of area of mining lease)
447. Amendment of s 276 (General conditions of mining lease)
448. Amendment of s 279 (Compensation to be settled before grant or renewal of mining lease)
449. Amendment of s 299 (Consolidation of mining leases)
450. Amendment of s 316 (Mining lease for transportation through land)
451. Amendment of s 317 (Variation of access to mining lease area)
452. Omission of s 318AAC (Alternative way of marking out land proposed to be subject of mining lease (241))
453. Amendment of s 318AAD (Application for grant of mining lease (245))
454. Amendment of s 318AAE (Additional matters for application (252))
455. Omission of s 318AAG (Holder of a mining lease to mark boundary posts (274))
456. Amendment of s 318AAH (General conditions of mining lease (276))
457. Amendment of s 318AT (Applicant's obligations)
458. Amendment of s 318CB (Restriction on issuing certificate of public notice and additional requirements for grant)
459. Amendment of s 386J (Request to applicant about application)
460. Insertion of new ss 386R–386V
461. Amendment of s 404B (Interference with particular things)
462. Amendment of s 816 (Conversion of mining lease to mining claim)
463. Insertion of new ss 827 to 832
464. Amendment of sch 2 (Dictionary)
Division 10--Amendments relating to native title
465. Amendment of s 25 (Conditions of prospecting permit)
466. Omission of s 81A (Consultation and negotiated agreement conditions)
467. Amendment of s 82 (Variation of conditions of mining claim)
468. Amendment of s 93 (Renewal of mining claim)
469. Amendment of s 132 (Exclusion of land from area of exploration permit if subject to other authority under Act)
470. Omission of s 141A (Consultation and negotiated agreement conditions)
471. Amendment of s 182 (Land is excluded from area of mineral development licence if covered by other authority under Act)
472. Omission of s 194AA (Consultation and negotiated agreement conditions)
473. Amendment of s 271 (Criteria for deciding mining lease application)
474. Omission of s 276A (Consultation and negotiated agreement conditions)
475. Amendment of s 286A (Decision on application)
476. Amendment of s 412 (Offences and recovery of penalties etc.)
477. Insertion of new ss 833 and 834
478. Omission of sch 1A (Native title provisions)
479. Amendment of sch 2 (Dictionary)
Division 11--Miscellaneous amendments
480. Amendment of s 133 (Application for exploration permit)
481. Amendment of s 136E (Requirements for making tender)
482. Omission of s 140A (Obligation to consult with particular owners and occupiers)
483. Amendment of s 141 (Conditions of exploration permit)
484. Omission of s 193A (Obligation to consult with particular owners and occupiers)
485. Amendment of s 194 (Conditions of mineral development licence)
486. Amendment of ch 13, pt 3, hdg (Authorised officers)
487. Amendment of s 336 (Appointment)
488. Insertion of new s 336A
489. Amendment of s 816 (Conversion of mining lease to mining claim)
490. Insertion of new s 837
Part 8--Amendment of Mount Isa Mines Limited Agreement Act 1985
491. Act amended
492. Replacement of s 3 (Variation of formal agreement by agreement)
493. Amendment of s 3A (Effect of formal agreement)
494. Insertion of new s 5A
495. Insertion of new sch 3
Part 9--Amendment of Petroleum Act 1923
Division 1--Preliminary
496. Act amended
Division 2--Amendments relating to the Common Provisions Act, chapter 1
497. Amendment of s 2 (Definitions)
498. Insertion of new s 4B
Division 3--Amendments relating to the Common Provisions Act, chapter 2
499. Amendment of s 2 (Definitions)
500. Amendment of s 25G (Restrictions on amending work program)
501. Amendment of s 47 (Reservations, conditions and covenants of lease)
502. Amendment of s 77Z (Requirement for coordination arrangement to transfer lease in tenure area of mining lease)
503. Amendment of s 79X (General provision about ownership while tenure is in force for pipeline)
504. Omission of pts 6N–6NB
505. Amendment of s 122 (Amending applications)
506. Insertion of new pt 16
507. Amendment of schedule (Decisions subject to appeal)
Division 4--Amendments relating to the Common Provisions Act, chapter 3
508. Amendment of s 2 (Definitions)
509. Amendment of s 61 (Obstruction of 1923 Act petroleum tenure holder)
510. Omission of pts 6H–6K
511. Amendment of s 103D (What happens if a party does not attend)
512. Amendment of s 103E (Authorised officer's role)
513. Amendment of s 165 (Exclusion of pt 6I, div 1 for continuance of particular existing road uses)
Division 5--Amendments relating to the Common Provisions Act, chapter 6
514. Amendment of s 2 (Definitions)
515. Omission of pt 6M (Petroleum register)
516. Amendment of s 80Z (Notice and taking effect of decision)
517. Amendment of s 113 (Other evidentiary aids)
518. Amendment of s 124A (Extinguishing 1923 Act petroleum interests on the taking of land in a 1923 Act petroleum tenure's area (other than by an easement))
519. Omission of s 142 (Practice manual)
520. Insertion of new s 207
Division 6--Amendments relating to gas emissions
521. Amendment of s 2 (Definitions)
522. Amendment of s 18 (Authority to prospect)
523. Amendment of s 44 (Form etc. of lease)
Division 7--Miscellaneous amendments
524. Amendment of s 2 (Dictionary)
525. Amendment of s 25C (Application of sdiv 2)
526. Insertion of new s 25CA
527. Amendment of s 25E (Deciding whether to approve proposed program)
528. Amendment of s 25M (Requirements for making application)
529. Amendment of s 45 (Entitlement to renewal of lease)
530. Amendment of s 74K (Obligation to lodge proposed later work program)
531. Amendment of s 74Q (Obligation to lodge proposed later development plan)
532. Omission of s 74V (Obligation to consult with particular owners and occupiers)
533. Omission of s 75Y (Notice about discovery and commercial viability)
534. Amendment of s 119 (Application of div 1)
Part 10--Amendment of Petroleum and Gas (Production and Safety) Act 2004
Division 1--Preliminary
535. Act amended
Division 2--Amendments relating to the Common Provisions Act, chapter 1
536. Insertion of new s 6BA
537. Amendment of sch 2 (Dictionary)
Division 3--Amendments relating to the Common Provisions Act, chapter 2
538. Amendment of s 30A (Joint holders of a petroleum authority)
539. Amendment of s 59 (Restrictions on amending work program)
540. Amendment of s 201 (Provision for who is the authority holder)
541. Amendment of s 238 (Subleasing of 1923 Act lease provided for under coordination arrangement)
542. Amendment of s 379 (Requirement for coordination arrangement to transfer petroleum lease in tenure area of mining lease)
543. Omission of ch 5, pts 10–10B
544. Amendment of s 823 (Who may appeal or apply for external review)
545. Amendment of s 844 (Amending applications)
546. Amendment of s 908 (Right to apply for petroleum tenure)
547. Insertion of new ch 15, pt 17
548. Amendment of sch 1 (Reviews and appeals)
549. Amendment of sch 2 (Dictionary)
Division 4--Amendments relating to the Common Provisions Act, chapter 3
550. Omission of ch 1, pt 3, div 3 (Land access code)
551. Amendment of s 31 (Operation of div 1)
552. Amendment of s 108 (Operation of sdiv 1)
553. Amendment of s 181 (Additional condition of relevant petroleum tenure)
554. Amendment of s 193 (Operation of div 2)
555. Amendment of s 293 (Right of entry to facilitate decommissioning)
556. Amendment of s 393 (Purpose of div 1)
557. Amendment of s 396 (Deciding application)
558. Amendment of s 398 (Operation of div 1)
559. Amendment of s 399A (Written permission binds owner's successors and assigns)
560. Amendment of s 418 (Obligation to consult with particular owners and occupiers)
561. Amendment of s 426 (Public road authority's obligations in aligning pipeline on road)
562. Amendment of s 431 (Power to give works directions)
563. Amendment of s 438 (Operation of div 1)
564. Amendment of s 451 (Obligation to consult with particular owners and occupiers)
565. Amendment of s 471 (Effect of part 5 permission)
566. Omission of ch 5, pts 2–5
567. Amendment of s 734E (What happens if a party does not attend)
568. Amendment of s 805 (Obstruction of petroleum authority holder)
569. Amendment of s 814A (Executive officer may be taken to have committed offence)
570. Amendment of s 938 (Exclusion of ch 5, pt 3, div 1 for continuance of particular existing road uses)
571. Amendment of sch 2 (Dictionary)
Division 5--Amendments relating to the Common Provisions Act, chapter 4
572. Omission of ss 295 and 296
573. Amendment of s 297 (Relationship with chs 2 and 5 and ch 15, pt 3)
574. Amendment of s 301 (What is a coal exploration tenement and a coal mining lease)
575. Insertion of new s 303A
Division 6--Amendments relating to the Common Provisions Act, chapter 6
576. Amendment of s 30AA (Extinguishing petroleum interests on the taking of land in a petroleum authority's area (other than by an easement))
577. Amendment of s 30A (Joint holders of a petroleum authority)
578. Omission of ch 5, pt 9 (Petroleum register)
579. Amendment of s 799 (Notice and taking effect of decision)
580. Amendment of s 834 (Other evidentiary aids)
581. Omission of s 858A (Practice manual)
582. Insertion of new s 984
583. Amendment of sch 2 (Dictionary)
Division 7--Amendments relating to gas emissions
584. Amendment of s 32 (Exploration and testing)
585. Amendment of s 109 (Exploration, production and storage activities)
586. Insertion of new ch 2, pt 10, div 5
587. Amendment of s 856 (Protection from liability for particular persons)
588. Amendment of sch 2 (Dictionary)
Division 8--Amendments relating to incidental coal seam gas
589. Amendment of s 331 (Application of div 2)
590. Amendment of s 671 (Limitation for facility or pipeline included in coal mining operation)
591. Amendment of s 800 (Restriction on petroleum tenure activities)
592. Amendment of s 802 (Restriction on pipeline construction or operation)
593. Amendment of s 803 (Restriction on petroleum facility construction or operation)
Division 9--Amendments relating to royalties
594. Amendment of s 590 (Imposition of petroleum royalty on petroleum producers)
595. Amendment of s 591 (General exemptions from petroleum royalty)
Division 10--Miscellaneous amendments
596. Amendment of s 3 (Main purpose of Act)
597. Amendment of s 16 (What is a pipeline)
598. Insertion of new s 16A
599. Amendment of s 33 (Incidental activities)
600. Amendment of s 37 (Requirements for making tender)
601. Insertion of new s 55A
602. Amendment of s 57 (Deciding whether to approve proposed program)
603. Insertion of new ch 2, pt 1, div 4, sdiv 2A
604. Omission of s 73 (Permitted period for production or storage testing)
605. Omission of s 74 (Obligation to consult with particular owners and occupiers)
606. Amendment of s 79 (Obligation to lodge proposed later work program)
607. Amendment of s 82 (Requirements for making application)
608. Amendment of s 92 (Term of declaration)
609. Amendment of s 112 (Incidental activities)
610. Amendment of s 118 (Requirements for making ATP-related application)
611. Insertion of new s 145A
612. Insertion of new ch 2, pt 2, div 5, sdiv 1, hdg
613. Insertion of new ch 2, pt 2, div 5, sdiv 2 and sdiv 3, hdg
614. Omission of s 153 (Obligation to consult with particular owners and occupiers)
615. Amendment of s 159 (Obligation to lodge proposed later development plan)
616. Amendment of s 162 (Requirements for making renewal application)
617. Amendment of s 178 (Deciding application for data acquisition authority)
618. Amendment of s 185 (Underground water rights)
619. Amendment of s 234 (Arrangement to coordinate petroleum activities)
620. Amendment of ch 2, pt 10, hdg and ch 2, pt 10, divs 3 and 4, hdgs
621. Amendment of ch 2, pt 10, div 2, hdg and ss 283, 284A, 285 to 287, 294 and sch 2
622. Amendment of s 282 (Restriction on who may drill water observation bore or water supply bore)
623. Amendment of s 288 (Transfer of water observation bore or water supply bore to landowner)
624. Amendment of s 292 (Obligation to decommission)
625. Replacement of s 393 (Purpose of div 1)
626. Amendment of s 394 (Surveying activities)
627. Amendment of s 396 (Deciding application)
628. Amendment of s 409 (Requirements for making application)
629. Omission of s 418 (Obligation to consult with particular owners and occupiers)
630. Amendment of s 437 (Limitation of transmission pipeline licence holder's liability)
631. Amendment of s 445 (Requirements for making application)
632. Omission of s 451 (Obligation to consult with particular owners and occupiers)
633. Amendment of ss 541, 542 and 543A
634. Omission of s 544 (Notice by petroleum tenure holder about discovery and commercial viability)
635. Amendment of s 560 (Obligation to remove equipment and improvements)
636. Amendment of s 621 (Restrictions on supplying gas not of prescribed quality)
637. Amendment of s 670 (What is an operating plant)
638. Amendment of s 802 (Restriction on pipeline construction or operation)
639. Amendment of s 824 (Period to appeal)
640. Amendment of ch 14, pt 1 (Applications)
641. Insertion of new ss 985 and 986
642. Amendment of sch 1 (Reviews and appeals)
643. Amendment of sch 2 (Dictionary)
644. Amendment of sch 2 (Dictionary)
645. Amendment of sch 2 (Dictionary)
Part 11--Amendment of Property Law Act 1974
646. Act amended
647. Amendment of s 84 (Regulation of exercise of power of sale)
Part 12--Amendment of State Development and Public Works Organisation Act 1971
648. Act amended
649. Amendment of s 45 (Application of Coordinator-General's report to proposed mining lease)
650. Amendment of s 46 (Coordinator-General's conditions override other conditions)
651. Omission of s 47 (Paramountcy of native title issues decision conditions)
652. Insertion of new s 47D
653. Insertion of new pt 9, div 8
Part 13--Amendment of Torres Strait Islander Cultural Heritage Act 2003
654. Act amended
655. Amendment of schedule (Dictionary)
Part 14--Amendment of Mineral Resources Regulation 2013
656. Regulation amended
657. Insertion of new s 38A
SCHEDULE 1 -- OWNERS OF LAND
1. Freehold land
2. Deed of grant
3. Fee simple being purchased from State
4. Public roads
5. Busways, railways and other land used to transport
6. Forests and quarry materials
7. Parks and reserves under the Nature Conservation Act 1992
8. Wet tropics
9. Aboriginal and Torres Strait Islander land
10. Trustee land
11. Educational institutions
12. Public buildings
13. Other public lands
SCHEDULE 2 -- DICTIONARY
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