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This is a Bill, not an Act. For current law, see the Acts databases.


COAL SEAM GAS PROHIBITION (SYDNEY WATER CATCHMENT SPECIAL AREAS) BILL 2013





                                      New South Wales




Coal Seam Gas Prohibition (Sydney Water
Catchment Special Areas) Bill 2013

Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill
The object of this Bill is to cancel petroleum titles relating to coal seam gas, and prohibit the grant
or renewal of such titles, in relation to the Sydney Catchment Authority's special areas.

Outline of provisions
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on the date of assent to the
proposed Act.
Clause 3 defines expressions used in the proposed Act. Petroleum title relating to coal seam gas
means an exploration licence, assessment lease, production lease or special prospecting authority
under the Petroleum (Onshore) Act 1991 in relation to coal seam gas and Sydney water catchment
special area means an area of land declared to be a special area under section 44 of the Sydney
Water Catchment Management Act 1998.
Clause 4 cancels any petroleum title relating to coal seam gas that authorises activities in any
Sydney water catchment special area.
Clause 5 prohibits the granting or renewal of any petroleum title relating to coal seam gas that
authorises activities in any Sydney water catchment special area.
Clause 6 provides that the proposed Act operates despite any authorisation or approval under the
Petroleum (Onshore) Act 1991.
Clause 7 provides that the State is not liable for any compensation as a result of the proposed Act.



b2013-148-26.d05
Introduced by Mr J C Robertson, MP                                                        First print




                                       New South Wales




Coal Seam Gas Prohibition (Sydney Water
Catchment Special Areas) Bill 2013
Contents
                                                                                                Page


                   1   Name of Act                                                                2
                   2   Commencement                                                               2
                   3   Definitions                                                                2
                   4   Cancellation of certain petroleum titles relating to coal seam gas
                       in special areas                                                           2
                   5   Permanent prohibition on grant or renewal of petroleum titles relating
                       to coal seam gas in special areas                                          2
                   6   Operation of Act                                                           2
                   7   State not liable for any compensation                                      3




b2013-148-26.d05
                                 New South Wales




Coal Seam Gas Prohibition (Sydney Water
Catchment Special Areas) Bill 2013

No     , 2013


A Bill for
An Act to prohibit coal seam gas exploration or mining in the Sydney Catchment Authority's
special areas; and for related purposes.
Coal Seam Gas Prohibition (Sydney Water Catchment Special Areas) Bill 2013 [NSW]




The Legislature of New South Wales enacts:                                                                  1

  1   Name of Act                                                                                           2

               This Act is the Coal Seam Gas Prohibition (Sydney Water Catchment Special Areas)             3
               Act 2013.                                                                                    4

  2   Commencement                                                                                          5

               This Act commences on the date of assent to this Act.                                        6

  3   Definitions                                                                                           7

         (1)   In this Act:                                                                                 8
               petroleum title relating to coal seam gas means any of the following:                        9
                (a) an exploration licence under the Petroleum (Onshore) Act 1991 granting the             10
                      holder the exclusive right to prospect for coal seam gas on the land comprised       11
                      in the licence,                                                                      12
               (b) an assessment lease under that Act granting the holder the exclusive right to           13
                      prospect for coal seam gas and to assess any coal seam gas deposit on the land       14
                      comprised in the lease,                                                              15
                (c) a production lease under that Act granting the holder the exclusive right to           16
                      conduct petroleum mining operations for coal seam gas in and on the land             17
                      included in the lease,                                                               18
               (d) a special prospecting authority under that Act granting the holder the exclusive        19
                      right to conduct speculative geological, geophysical or geochemical surveys          20
                      or scientific investigations in relation to coal seam gas on and in respect of the   21
                      land comprised in the authority.                                                     22
               Sydney water catchment special area means an area of land declared to be a special          23
               area under section 44 of the Sydney Water Catchment Management Act 1998.                    24

         (2)   Words and expressions used in this Act, that are defined in the Petroleum (Onshore)         25
               Act 1991, have the same meaning as in that Act.                                             26

  4   Cancellation of certain petroleum titles relating to coal seam gas in special areas                  27

               On and from the commencement of this Act:                                                   28
               (a) any petroleum title relating to coal seam gas that is in force solely in relation       29
                    to land in any Sydney water catchment special area is cancelled and ceases to          30
                    have effect, and                                                                       31
               (b) any petroleum title relating to coal seam gas that is in force in relation to land      32
                    that includes land in any Sydney water catchment special area ceases to have           33
                    effect in relation to that part of the land that is in the special area.               34

  5   Permanent prohibition on grant or renewal of petroleum titles relating to coal seam                  35
      gas in special areas                                                                                 36

               The Minister administering the Petroleum (Onshore) Act 1991 must not grant or               37
               renew any petroleum title relating to coal seam gas in relation to land in any Sydney       38
               water catchment special area.                                                               39

  6   Operation of Act                                                                                     40

               This Act operates despite any authorisation or approval under the Petroleum                 41
               (Onshore) Act 1991.                                                                         42




Page 2
Coal Seam Gas Prohibition (Sydney Water Catchment Special Areas) Bill 2013 [NSW]




  7   State not liable for any compensation                                                              1
         (1)   Damages or compensation are not payable by or on behalf of the State of New South         2
               Wales because of:                                                                         3
               (a) the enactment or operation of this Act, or for the consequences of that               4
                    enactment or operation, or                                                           5
               (b) a representation or conduct of any kind about a cancellation of a petroleum           6
                    title relating to coal seam gas in relation to land in any Sydney water catchment    7
                    special area.                                                                        8

         (2)   In subsection (1), the State of New South Wales includes the Crown within the             9
               meaning of the Crown Proceedings Act 1988, and includes any officer, employee or         10
               agent of the Crown.                                                                      11




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