Queensland Numbered Acts

PETROLEUM AND OTHER LEGISLATION AMENDMENT ACT 2004 NO. 26

TABLE OF PROVISIONS

           Contents
           Part 1--Preliminary
   1.      Short title
   2.      Commencement
           Part 2--Amendment of Petroleum Act 1923
   3.      Act amended in pt 2
   4.      Amendment of s 2 (Definitions)
           5. Replacement of s 3 (Words and expressions used in Mineral Resources Act)
   6.      Amendment of s 7 (Application of Act)
   7.      Insertion of new s 7B
           8. Omission of pt 2 (Petroleum Advisory Board)
   9.      Amendment of s 10 (Reservations in grants)
   10.     Omission of ss 11-16
           11. Replacement of pt 4, heading (Prospecting permits and leases)
   12.     Omission of s 17 (Permits and leases)
   13.     Amendment of s 18 (Authority to prospect)
   14.     Insertion of new s 18A
           15. Replacement of s 20 (Renewal of authority to prospect)
   16.     Amendment of s 21 (Surrender of authority to prospect)
   17.     Omission of s 22 and 23
           18. Amendment of s 24 (Qualification of permittees and lessees)
   19.     Replacement of s 25 (Limit to number of permits and leases)
   20.     Omission of pt 5, other than s 35
           21. Amendment of s 35 (Rights to water etc.)
   22.     Insertion of new pt 6, div 1, hdg
   23.     Amendment of s 40 (Lease to holder of authority to prospect or permittee)
   24.     Insertion of new ss 40A and 40B
           25. Omission of ss 41-43
           26. Amendment of s 44 (Form etc. of lease)
   27.     Amendment of s 45 (Entitlement to renewal of lease)
   28.     Replacement of s 46 (Rent)
           29. Amendment of s 47 (Reservations, conditions and covenants of lease)
   30.     Omission of ss 49 and 50
           31. Amendment of s 51 (Use and occupation of mining area on private or improved land)
   32.     Amendment of s 52 (Surrender and determination of lease)
   33.     Insertion of new s 52A
           34. Replacement of s 53 (Proceedings for forfeiture)
   35.     Omission of pt 7, hdg (Provisions applicable to permits and leases)
   36.     Replacement of pt 7, div 1 (Signing applications)
   37.     Omission of pt 7, div 2, hdg (Royalties)
   38.     Omission of ss 55 and 56
           39. Omission of ss 58-60
           40. Omission of pt 7, div 3, hdg (Assignments and other dealings with permits and leases)
   41.     Replacement of ss 61-64
           42. Amendment of s 65 (Reservations in favour of State)
   43.     Omission of pt 7, div 4, hdg (Refinery and entry permissions and pipeline licences)
   44.     Omission of ss 66-72
           45. Amendment of s 73 (Recovery of amounts payable to the State)
   46.     Replacement of ss 74-82
           47. Amendment of s 83 (Restrictions on location of drills)
   48.     Amendment of s 84 (Prevention of waste etc.)
   49.     Amendment of s 85 (Casting well)
   50.     Amendment of s 86 (Water rights)
   51.     Omission of s 87 (Abandonment of well)
   52.     Amendment of s 88 (Conduct of operations on land)
   53.     Amendment of s 89 (Compliance with Act etc.)
   54.     Amendment of s 90 (Regulations may prescribe further provisions)
   55.     Omission of s 91 (Minister's powers concerning petroleum)
   56.     Amendment of s 92 (Delivery of premises in case of forfeiture)
   57.     Amendment of s 93 (Right to mine for other minerals)
   58.     Amendment of s 95 (Limits on use of water from natural source)
   59.     Amendment of s 96 (Who bound by terms of permits and leases etc.)
   60.     Omission of ss 97-99
           61. Replacement of ss 101 and 102
           62. Insertion of new pt 9, divs 1-3
   63.     Amendment of s 144 (Interference with pipeline etc.)
   64.     Omission of s 144A-146
           65. Amendment of s 148 (Other rights of action not affected)
   66.     Replacement of s 149 (Regulation-making power)
   67.     Amendment of s 150 (Declaration about certain permits, leases and licences)
   68.     Insertion of new pt 10 and schedule
           Part 3--Amendment of Petroleum and Gas (Production and Safety) Act 2004
   69.     Act amended in pt 3
   70.     Insertion of new s 6A
           71. Amendment of s 11 (Meaning of LPG and fuel gas)
   72.     Amendment of s 16 (What is a pipeline)
   73.     Amendment of s 20 (What are the conditions of a petroleum authority)
   74.     Amendment of s 28 (Property in petroleum produced)
   75.     Amendment of s 48 (General requirements)
   76.     Amendment of s 52 (Program period)
   77.     Replacement of s 59 (Restrictions on amending work program)
   78.     Amendment of s 62 (Deciding application)
   79.     Replacement of ch 2, pt 1, div 4, sdiv 2, hdg (Relinquishment condition and related provisions)
   80.     Amendment of s 65 (Relinquishment condition)
   81.     Insertion of new s 65A
           82. Amendment of s 66 (Part usually required to be relinquished)
   83.     Amendment of s 67 (Sub-blocks that can not be counted towards relinquishment)
   84.     Amendment of s 68 (Adjustments for sub-blocks that can not be counted)
   85.     Amendment of s 69 (Adjustment for particular potential commercial areas)
   86.     Amendment of s 70 (Relinquishment must be by blocks)
   87.     Amendment of s 73 (Permitted period for production or storage testing)
   88.     Amendment of s 77 (Requirement to have work program)
   89.     Insertion of new s 78A
           90. Amendment of s 79 (Obligation to lodge proposed later work program)
   91.     Amendment of s 82 (Requirements for making application)
   92.     Amendment of s 93 (Extension of term of declaration)
   93.     Amendment of s 98 (Area of authority to prospect)
   94.     Amendment of s 99 (Minister's power to decide excluded land)
   95.     Amendment of s 110 (Petroleum pipeline and water pipeline construction and operation)
   96.     Amendment of s 113 (Application of sdiv 2)
   97.     Amendment of s 115 (Restriction on petroleum production from reservoir)
   98.     Amendment of s 116 (Dispute resolution by tribunal)
   99.     Replacement of s 119 (Continuing effect of authority to prospect for ATP-related application)
   100.    Amendment of s 121 (Requirements for grant)
   101.    Amendment of s 151 (Restriction on flaring or venting)
   102.    Amendment of s 152 (Permitted period for production or storage testing)
   103.    Amendment of s 157 (Requirement to have development plan)
   104.    Amendment of s 159 (Obligation to lodge proposed later development plan)
   105.    Amendment of s 162 (Requirements for making renewal application)
   106.    Amendment of s 169 (Minister's power to decide excluded land)
   107.    Amendment of s 173 (Deciding application)
   108.    Amendment of s 178 (Deciding application for data acquisition authority)
   109.    Insertion of new s 184A
           110. Amendment of s 187 (Water monitoring activities)
   111.    Amendment of s 190 (Who may apply for water monitoring authority)
   112.    Amendment of s 192 (Deciding application for water monitoring authority)
   113.    Replacement of s 201 (Provision for who is the authority holder if only 1 related petroleum tenure)
   114.    Insertion of new s 202A
           115. Amendment of s 228 (Prohibition on actions preventing access)
   116.    Amendment of s 234 (Arrangement to coordinate petroleum activities)
   117.    Amendment of s 235 (Applying for Ministerial approval of proposed coordination arrangement)
   118.    Amendment of s 240 (Grant of pipeline licence)
   119.    Amendment of s 250 (The make good obligation)
   120.    Amendment of s 266 (Obligation to lodge monitoring reports)
   121.    Replacement of s 281 (Standard for drilling petroleum well)
   122.    Amendment of s 292 (Obligation to decommission)
   123.    Amendment of s 295 (Main purposes of ch 3)
   124.    Amendment of s 297 (Relationship with chs 2, 5 and 15)
   125.    Amendment of s 298 (Description of petroleum leases for ch 3)
   126.    Amendment of s 305 (Additional requirements for making application)
   127.    Amendment of s 313 (Obligations of coal or oil shale exploration tenement holder)
   128.    Amendment of s 318 (When preference decision is required)
   129.    Amendment of s 321 (Restrictions on giving preference)
   130.    Amendment of s 328 (Additional criteria for deciding provisions of petroleum lease)
   131.    Amendment of s 341 (Provisions of petroleum lease)
   132.    Amendment of s 350 (Additional requirements for grant)
   133.    Amendment of s 356 (Right to grant if particular requirements met)
   134.    Amendment of s 360 (Restriction)
           135. Replacement of ch 3, pt 4, div 3 (Exception to automatic area reduction of authority to prospect on grant of petroleum lease)
   136.    Amendment of s 364 (Restriction on authorised activities on overlapping ATP land)
   137.    Amendment of s 367 (Requirement for giving copy of relinquishment report)
   138.    Amendment of s 376 (Deciding amendment application)
   139.    Replacement of ch 3, pt 6, div 1, hdg
   140.    Amendment of s 380 (Operation of div 1)
   141.    Amendment of s 381 (Statement about interests of coal or oil shale exploration tenement holder)
   142.    Amendment of s 382 (Requirement to optimise petroleum production)
   143.    Insertion of new ch 3, pt 6, div 1, sdiv 2
   144.    Replacement of ch 3, pt 6, div 2, hdg
   145.    Replacement of s 386 (Consultation with particular coal mining tenement or oil shale mining tenement holders required before making plan)
   146.    Amendment of s 388 (Additional content requirements)
   147.    Amendment of s 389 (Exemption from additional content requirements)
   148.    Amendment of s 391 (Confidentiality obligations)
   149.    Amendment of s 396 (Deciding application)
   150.    Amendment of s 399 (What is pipeline land for a pipeline licence)
   151.    Amendment of s 401 (Construction and operation of pipeline)
   152.    Amendment of s 408 (Notice of proposed application to relevant local government)
   153.    Amendment of s 409 (Requirements for making application)
   154.    Amendment of s 411 (Public notice requirement)
   155.    Amendment of s 441 (Construction and operation of petroleum facility)
   156.    Amendment of s 443 (Who may apply)
   157.    Amendment of s 445 (Requirements for making application)
   158.    Amendment of s 447 (Provisions of licence)
   159.    Amendment of s 448 (Criteria for decisions)
   160.    Insertion of new s 448A
           161. Amendment of s 456 (State's power to take land)
   162.    Insertion of new s 478A
           163. Amendment of s 479 (Conditions for renewal application)
   164.    Amendment of s 480 (Requirements for making application)
   165.    Amendment of s 487 (Operation and purpose of pt 1)
   166.    Amendment of s 488 (Power to require security for petroleum authority)
   167.    Amendment of s 489 (Minister's power to require additional security)
   168.    Amendment of s 493 (Security not affected by change in authority holder)
   169.    Amendment of s 497 (Requirement for entry notice to carry out authorised activities)
   170.    Insertion of new ch 5, pt 2, div 2A
   171.    Amendment of s 511 (Entry notice or waiver of entry notice or access agreement not affected by dealing)
   172.    Amendment of s 512 (Change in ownership or occupancy)
   173.    Insertion of new ch 5, pt 2, div 6
   174.    Amendment of s 526 (Public land authority approval required for particular activities)
   175.    Insertion of new ss 526A and 526B
           176. Amendment of s 527 (Conditions of public land authority approval)
   177.    Amendment of s 531 (General liability to compensate)
   178.    Amendment of s 532 (Compensation agreement)
   179.    Amendment of s 533 (Deciding compensation through tribunal)
   180.    Amendment of s 536 (Compensation to be addressed before entry to private land)
   181.    Amendment of s 539 (General provision about ownership while tenure or licence is in force for pipeline)
   182.    Amendment of s 544 (Notice by petroleum tenure holder about discovery and commercial viability)
   183.    Amendment of s 546 (End of tenure report)
   184.    Amendment of s 548 (Requirement to lodge records and samples)
   185.    Amendment of s 550 (Public release of required information)
   186.    Amendment of s 551 (Chief executive may use required information)
   187.    Amendment of s 553 (Power to require information or reports about authorised activities to be kept or given)
   188.    Amendment of s 559 (Obligation to decommission pipelines)
   189.    Amendment of s 560 (Obligation to remove equipment and improvements)
   190.    Amendment of s 569 (Prohibited dealings)
   191.    Amendment of s 571 (Minister may give indication for proposed permitted dealing)
   192.    Amendment of s 573 (Deciding application)
   193.    Insertion of new s 574A
           194. Amendment of s 575 (Requirements for surrenders)
   195.    Amendment of s 577 (Notice of application required for particular pipeline licences)
   196.    Amendment of s 586 (Recovery of costs of and compensation for exercise of remedial power)
   197.    Amendment of s 590 (Imposition of petroleum royalty on petroleum producers)
   198.    Amendment of s 591 (Exemptions from petroleum royalty)
   199.    Insertion of new s 591A
           200. Amendment of s 592 (Minister may decide measurement if not made or royalty information not given)
   201.    Amendment of s 597 (Petroleum producer's obligations if use of estimates approved)
   202.    Amendment of s 599 (Annual royalty returns)
   203.    Amendment of s 605 (Appointment and qualifications)
   204.    Amendment of s 612 (Return of identity card)
   205.    Amendment of s 648 (Restrictions on use of meter)
   206.    Amendment of s 675 (Content requirements for safety management plans)
   207.    Amendment of s 687 (Who is the executive safety manager of an operating plant)
   208.    Amendment of s 688 (Executive safety manager's general obligations)
   209.    Amendment of s 690 (Content requirements for safety reports)
   210.    Amendment of s 691 (Obligation to give information to coal or oil shale exploration tenement holder)
   211.    Amendment of s 699 (General obligation to keep risk to an acceptable level)
   212.    Insertion of new s 699A
           213. Replacement of ch 9, pt 4, div 5 (Hazard reporting for operating plant on coal or oil shale mining lease)
   214.    Amendment of s 724 (Types of gas device)
   215.    Replacement of s 728 (Chief inspector's power to issue)
   216.    Insertion of new ss 732A and 732B
           217. Amendment of s 733 (Certification of gas device or gas fitting)
   218.    Amendment of s 742 (Return of identity card)
   219.    Replacement of s 745 (Inspector's additional entry power for operating plant)
   220.    Amendment of s 756 (Failure to comply with help requirement)
   221.    Amendment of s 759 (Failure to produce document)
   222.    Amendment of s 760 (Failure to certify copy of document)
   223.    Amendment of s 762 (Failure to comply with information requirement)
   224.    Amendment of s 766 (Failure to comply with seizure direction)
   225.    Amendment of s 768 (Offence to unlawfully interfere with seized thing)
   226.    Amendment of s 782 (Failure to comply with compliance direction)
   227.    Amendment of s 785 (Failure to comply with dangerous situation direction)
   228.    Amendment of s 790 (Types of noncompliance action that may be taken)
   229.    Amendment of s 791 (When noncompliance action may be taken)
   230.    Amendment of s 798 (Decision on proposed noncompliance action)
   231.    Insertion of new s 799A
           232. Amendment of s 800 (Restriction on petroleum tenure activities)
   233.    Amendment of s 804 (Duty to avoid interference in carrying out authorised activities)
   234.    Amendment of s 805 (Obstruction of petroleum authority holder)
   235.    Amendment of s 807 (Restriction on building on pipeline land)
   236.    Amendment of s 808 (Restriction on changing surface of pipeline land)
   237.    Amendment of s 809 (Unlawful taking of petroleum or fuel gas prohibited)
   238.    Amendment of s 810 (Restriction on building on petroleum facility land)
   239.    Amendment of s 811 (Obstruction of inspector or authorised officer)
   240.    Amendment of s 812 (Pretending to be inspector or authorised officer)
   241.    Amendment of s 813 (False or misleading information)
   242.    Amendment of s 843 (Additional information may be required about application)
   243.    Amendment of s 853 (Additional information about reports and other matters)
   244.    Amendment of s 858 (Approved forms)
   245.    Amendment of s 865 (Licences under repealed regulation that become an authorisation)
   246.    Renumbering of ch 15, pt 3, heading (Transitional provisions for Petroleum and Gas (Production and Safety) Act 2004
   247.    Insertion of new ch 15, pt 3
   248.    Renumbering of ss 872-993
           249. Amendment of s 933, as renumbered under this Act (Deferral of s 115(1) for existing petroleum leases)
   250.    Amendment of s 934, as renumbered under this Act (Substituted restriction for petroleum leases relating to mineral hydrocarbon mining leases)
   251.    Renumbering of ch 15 part 4, as renumbered under this Act, div 3
   252.    Insertion of new ch 15, part 4, as renumbered under this Act, div 3
   253.    Amendment of s 935, as renumbered under this Act (Continuation of petroleum royalty exemption for flaring or venting under 1923 Act)
   254.    Insertion of new s 935A
   255.    Insertion of new s 942A (Amendment of s 41 of Act No. 39 of 1999)
   256.    Amendment of s 944, as renumbered under this Act (Amendment of sch 2 (Subject matter for regulations) of Act No. 39 of 1999)
   257.    Amendment of s 985, as renumbered under this Act (Amendment of s 239 (Contingency supply plans—content requirements) of Act No. 29 of 2003)
   258.    Insertion of new s 993A (Insertion of new s 132A of Act No. 12 of 2004)
   259.    Amendment of s 1010, as renumbered under this Act (Insertion of new s 3A of Act No. 110 of 1989)
   260.    Amendment of s 1020, as renumbered under this Act (Insertion of new pt 7AA of Act 110 of 1989)
   261.    Insertion of new s 1025A, as renumbered under this Act (Insertion of new s 396A of Act No. 110 of 1989)
   262.    Amendment of s 1027, as renumbered under this Act (Amendment of s 417 of Act 110 of 1989)
   263.    Amendment of s 1028, as renumbered under this Act (Insertion of new pt 19, div 6 of Act 110 of 1989)
   264.    Amendment of s 1045, as renumbered under this Act (Amendment of s 203 of Act 34 of 2000)
   265.    Insertion of new s 1052A (Insertion of new s 1136A of Act No. 34 of 2000)
   266.    Insertion of new ch 16, pt 28
   267.    Amendment of sch 1 (Reviews and appeals)
   268.    Amendment of sch 2 (Dictionary)
           Part 4--Amendment of Environmental Protection Act 1994
   269.    Act amended in pt 4
   270.    Insertion of new ch 13, pt 6
           Part 5--Amendment of Forestry Act 1959
   271.    Act amended in pt 5
   272.    Amendment of s 5 (Definitions)
           Part 6--Amendment of Nature Conservation Act 1992
   273.    Act amended in pt 6
   274.    Amendment of s 27 (Prohibition on mining)
   275.    Insertion of new s 70QA
           SCHEDULE MINOR AMENDMENTS