Queensland Consolidated Acts Queensland Consolidated Acts1923 Act means the Petroleum Act 1923.
1923 Act petroleum tenure see the 1923 Act, section 2.
access agreement see section 288(2).
access land, for a GHG authority, see section 287(3).
access rights see section 287(2).
ADR see section 325A(2)(b).
advanced activity, for a provision about a GHG authority, means an authorised activity for the authority other than a preliminary activity for the authority.
Examples—
levelling of drilling pads and digging sumps
earthworks associated with pipeline installation
vegetation clear-felling
constructing an exploration camp, concrete pad, sewage or water treatment facility or fuel dump
geophysical surveying with physical clearing
carrying out a seismic survey using explosives
constructing a track or access road
changing a fence line
appeal period, for a decision, means the period provided for under section 396 for starting an appeal against the decision.
applicant, for chapter 4, part 3, see section 195(a).
application includes a tender in response to a call for tenders.
appropriately qualified, for the performance of a function or exercise of a power, includes having the qualifications, experience and competence to perform the function or exercise the power.
approved form means the form approved under section 428.
area—
1 The area, of a GHG authority, is the land to which the authority is subject as recorded in the GHG register.
2 The area of an authority, tenement or tenure granted under another resource Act is its area as defined under that Act or the area to which the authority, tenement or tenure is subject under that Act.
ATP means an authority to prospect.
authorised activity, for a GHG authority, see section 22.
authority to prospect means an authority to prospect under the 1923 Act or the P&G Act.
block see section 26(1).
call for tenders—
(a) for chapter 2, part 2—see section 33(1); or
(b) for chapter 3, part 3—see section 125(1).
capability criteria—
(a) for chapter 2—see section 42(2); or
(b) for chapter 3—see section 118(2).
closing time, for a call for tenders—
(a) for a GHG permit—see section 33(2)(a); or
(b) for a GHG lease—see section 125(2)(a).
compensation application, for chapter 5, part 10, division 2, means an application made under section 325H(1).
compensation liability—
(a) for chapter 5, part 10, division 1—see section 320(2); or
(b) for chapter 5, part 10, division 2—see section 325F(2).
conditions, of a GHG authority, see section 20.
conduct and compensation agreement see section 321(1).
conduct and compensation agreement requirement see section 283(2).
construct, a structure, includes placing the structure.
contiguous, for land, means abutting, with at least 1 side in common.
conviction includes a finding of guilt or the acceptance of a plea of guilty by a court, whether or not a conviction is recorded.
costs, incurred by the State, includes the cost of services that the State provides for itself.
dangerous situation means a situation relating to geothermal activity under the Geothermal Act, a GHG stream or petroleum or fuel gas in which an inspector under the P&G Act reasonably believes an imminent risk of material harm to persons or property is likely if action is not taken to avoid, eliminate or minimise the risk.
data acquisition activities see section 233(1).
dealing, with a GHG authority, see section 345.
deferral agreement see section 284(c)(i).
development plan, for a GHG lease, see section 25(1).
development plan criteria see section 147(2).
drill includes to bore.
election notice see section 325A(2).
eligible claimant, for compensation, see section 320(1).
eligible person see section 19.
enhanced petroleum recovery means producing petroleum by injecting a substance including for example, GHG, into a natural underground reservoir as defined under the P&G Act.
enter a place includes the exercise of the rights in relation to the place under section 423.
entry notice—
(a) for chapter 5, part 7—see section 279(1); or
(b) for chapter 5, part 8—see section 312(2)(b).
Environmental Protection Act means the Environmental Protection Act 1994.
excluded land—
(a) for a GHG permit—means excluded land for the permit decided under section 46; or
(b) for a GHG lease—means excluded land for the lease decided under section 137.
executive officer, of a corporation, means a person who is concerned with or takes part in its management, whether or not the person is a director or the person's position is given the name of executive officer.
exploration authority (non-GHG), for chapter 4, see section 184.
fee includes tax.
first authority, for chapter 5, part 9, see section 316(1).
formed road means any existing road or track on private or public land used or that may reasonably be capable of being used to drive or ride motor vehicles.
Geothermal Act means the Geothermal Energy Act 2010.
geothermal lease see the Geothermal Act, section 19(1)(b).
geothermal permit see the Geothermal Act, section 19(1)(a).
geothermal tenure see the Geothermal Act, section 19(2).
GHG means greenhouse gas.
GHG assessment criteria see section 196(1)(b).
GHG authority see section 18(3).
GHG coordination arrangement see section 186(3).
GHG data acquisition authority means a GHG injection and storage data acquisition authority.
GHG exploration permit (also called a GHG permit) see section 18(1)(a).
GHG injection and storage data acquisition authority (also called a GHG data acquisition authority) see section 18(1)(c).
GHG injection and storage lease (also called a GHG lease) see section 18(1)(b).
GHG lease means a GHG injection and storage lease.
GHG permit means a GHG exploration permit.
GHG register means the register the chief executive keeps under section 339.
GHG statement see section 196(1)(a).
GHG storage see section 3(2).
GHG storage activity see section 23.
GHG storage exploration see section 15.
GHG storage injection testing see section 16.
GHG storage reservoir see section 13(a).
GHG storage viability report see section 245(1).
GHG stream see section 12.
GHG stream pipeline see section 17.
GHG stream storage see section 14.
GHG stream storage site see section 13.
GHG tenure see section 18(2).
GHG well—
1 A GHG well is a hole in the ground made or being made by drilling, boring or any other means—
(a) to carry out GHG storage exploration; or
(b) for GHG stream storage.
2 A GHG well includes the casing for the well and any of the following attached to the well—
3 To remove any doubt, it is declared that a GHG well does not include a seismic shot hole or shallow hole drilled to work out a geological structure.
holder—
(a) of a GHG authority other than a GHG data acquisition authority, means each person recorded as its holder in the GHG register; or
(b) of a GHG data acquisition authority, means the person mentioned in section 240.
holder submissions see section 199(1).
independent viability assessment see section 247(2).
information notice, for a decision, means a notice stating each of the following—
(a) the decision, and the reasons for it;
(b) the rights of appeal under this Act;
(c) the period in which any appeal under this Act must be started;
(d) how rights of appeal under this Act are to be exercised;
(e) that a stay of a decision the subject of an appeal under this Act may be applied for under this Act.
initial development plan requirements see section 140.
initial work program requirements see section 51.
interfere with includes tamper with.
land includes—
(a) land covered by Queensland waters; and
(b) subterranean land.
land access code see the P&G Act, section 24A.
later development plan requirements see section 150.
later work program requirements see section 58.
mandatory condition, of a GHG authority, see section 20(2).
mandatory provision, of the land access code, means a provision of that code that the code requires compliance with.
Mineral Resources Act means the Mineral Resources Act 1989.
minimum negotiation period see section 324(2)(a).
mining interest means—
(a) a mining tenement under the Mineral Resources Act; or
(b) a tenure held from the State under another Act about mining under which tenure the holder is authorised to carry out mining under the Mineral Resources Act or a related mineral or energy resources activity.
mining lease see the Mineral Resources Act, schedule 2.
negotiation notice see section 323(1).
noncompliance action means action of a type mentioned in section 379.
notice means a written notice.
notifiable road use, for a GHG authority, see section 301(1).
occupier, of a place, means—
(a) a person who, under an Act, or, for freehold land, a lease registered under the Land Title Act 1994, has a right to occupy the place other than under a mining interest, petroleum authority, 1923 Act petroleum tenure, GHG authority or geothermal tenure; or
(b) a person who has been given a right to occupy the place by a person mentioned in paragraph (a).
on, land or another place, includes across, attached to, in, under or over the land or place.
operating plant see the P&G Act, section 670.
operator, of an operating plant, see the P&G Act, section 673.
overlapping authority see section 183.
overlapping authority application period see section 205(2).
overlapping authority priority see section 199(3)(b).
owner—
1 An owner, of land, means each person as follows in relation to the land—
(a) for freehold land—a registered owner;
(b) for land for which a person is, or will on performing conditions, be entitled to a deed of grant in fee simple—the person;
(c) if an estate in fee simple of land is being purchased from the State—the purchaser;
(d) for a public road—the public road authority for the road;
(e) for land that is busway land, light rail land, rail corridor land or a cane railway or other railway—the public land authority for the land;
(f) for required land under the Transport Infrastructure Act 1994, section 436—the chief executive of the department in which that Act is administered;
(g) for a forest entitlement area, State forest or timber reserve under the Forestry Act 1959—the chief executive of the department in which that Act is administered;
(h) for a conservation park or resources reserve under the Nature Conservation Act 1992 (the NCA) for which there are trustees—
(i) if, under the NCA, the park or reserve has trustees whose powers are not restricted—the trustees; or
(ii) otherwise—the chief executive of the department in which the NCA is administered;
(i) for DOGIT land under the Aboriginal Land Act 1991 or the Torres Strait Islander Land Act 1991—a trustee for the land;
(j) for land held under a lease under the Aurukun and Mornington Shire Leases Act 1978, section 3—a relevant local government;
(k) for Torres Strait Islander land under the Torres Strait Islander Land Act 1991 that is taken to be a reserve because of section 84(2) or 84(4)(b) of that Act—each grantee of the land;
(l) for land under the Land Act 1994 for which there are trustees—a trustee;
(m) for transport land under the Transport Planning and Coordination Act 1994—the chief executive of the department in which that Act is administered;
(n) for land vested in the Minister administering the Education (General Provisions) Act 2006—that Minister;
(o) for land vested in the Queensland Housing Commission or another Minister or a chief executive responsible for constructing public buildings—the Minister administering the relevant Act;
(p) for land held from the State under another Act under an interest less than fee simple (other than occupation rights under a permit under the Land Act 1994)—the person who holds the interest;
(q) for any of the following land under the NCA—the State—
(i) a national park;
(ii) a national park (Aboriginal land);
(iii) a national park (scientific);
(iv) a national park (Torres Strait Islander land);
(v) a national park (recovery);
(vi) a forest reserve.
2 Also, a mortgagee of land is the owner of land if—
(a) the mortgagee is acting as mortgagee in possession of the land and has the exclusive management and control of the land; or
(b) the mortgagee or a person appointed by the mortgagee is in possession of the land and has the exclusive management and control of the land.
3 If land or another thing has more than 1 owner, a reference in this Act to the owner of the land or thing is a reference to each of its owners.
P&G Act see section 4.
P&G Act safety provisions see section 4(c).
parties—
(a) for chapter 5, part 10, division 1, subdivision 4—see section 324(1); or
(b) for chapter 6, part 1A—see section 377B.
permit-related application see section 113(3).
petroleum see the P&G Act, section 10.
petroleum authority see the P&G Act, section 18(2).
petroleum discovery includes a discovery of an underground geological formation or structure that under the P&G Act has or is likely to have commercial potential for petroleum.
petroleum lease means a petroleum lease under the P&G Act or a lease under the 1923 Act.
petroleum tenure means any ATP or petroleum lease.
pipeline land, for a GHG tenure, means land identified in the instrument for the tenure or the work program or development plan for the tenure as land on which pipelines are or may be constructed or operated under the tenure.
pipeline licence see the P&G Act, section 18(1)(f).
place includes land.
plan period, for a development plan, means the period for which the plan applies.
potential storage area, for a GHG permit, means an area declared under section 102 to be a potential storage area for the permit.
preliminary activity—
1 A preliminary activity, for a provision about a GHG authority, means an authorised activity for the authority that will have no impact, or only a minor impact, on the business or land use activities of any owner or occupier of the land on which the activity is to be carried out.
Examples—
walking the area of the permit or licence
driving along an existing road or track in the area
taking soil or water samples
geophysical surveying not involving site preparation
aerial, electrical or environmental surveying
survey pegging
2 However, the following are not preliminary activities—
(a) an authorised activity carried out on land that—
(i) is less than 100ha; and
(ii) is being used for intensive farming or broadacre agriculture;
Examples—
land used for dryland or irrigated cropping, plantation forestry or horticulture
a dairy, cattle or sheep feedlot, piggery or poultry farm
(b) an authorised activity carried out within 600m of a school or an occupied residence;
(c) an authorised activity that affects the lawful carrying out of an organic or bio-organic farming system.
private land—
1 Private land is—
(a) freehold land; or
(b) an interest in land less than fee simple held from the State under another Act.
2 However, land is not private land to the extent of an interest in any of the following relating to the land—
(a) a mining interest;
(b) a petroleum authority or 1923 Act petroleum tenure;
(c) a GHG authority;
(d) a geothermal tenure;
(e) an occupation right under a permit under the Land Act 1994.
3 Also, land owned by a public land authority is not private land.
program period, for a work program, means the period for which the program applies.
provision, of a GHG authority, means a provision of the authority as defined under section 21.
public interest means a consideration of each of the following—
(a) government policy;
(b) environmental impacts;
(c) employment creation;
(d) social impacts;
(e) the overall economic benefit for the State, or a part of the State, in the short and long term;
(f) impacts on aesthetic, amenity or cultural values.
public land means land other than—
(a) private land; or
(b) to the extent an interest in any of the following relates to the land—
(i) a mining interest;
(ii) a petroleum authority or 1923 Act petroleum tenure;
(iii) a GHG authority;
(iv) a geothermal tenure;
(v) an occupation right under a permit under the Land Act 1994.
public land authority means—
(a) for a public road—the road authority for the road; or
(b) if a local government or other authority is under an Act, charged with the control of the land—the local government or other authority; or
(c) otherwise—the chief executive of the department administering the Act under which entry to the land is administered.
public road means an area of land that—
(a) is open to or used by the public; and
(b) is developed for or has as one of its main uses—
(i) the driving or riding of motor vehicles; or
(ii) pedestrian traffic; and
(c) is controlled by a public road authority.
Examples of an area of land that may be included in a road—
a bridge, culvert, ford, tunnel or viaduct
a pedestrian or bicycle path
public road authority, for a public road, means—
(a) for a State-controlled road—the chief executive of the department in which the Transport Infrastructure Act 1994 is administered; or
(b) for another public road—the local government having the control of the road.
publish, a notice, means to publish it in any of the following ways—
(a) in a journal published by the department or under the Minister's authority;
(b) in another publication the Minister considers appropriate;
(c) on the department's website;
(d) by placing it on a public notice board, established and maintained by the department at—
(i) the department's head office; and
(ii) other places the chief executive considers appropriate.
reasonably believes means to believe on grounds that are reasonable in the circumstances.
registration, for a dealing, means recorded in the GHG register.
relevant arrangement, for chapter 3, part 2, see section 118(1)(f)(ii).
relevant environmental authority, for a GHG authority or proposed GHG authority, means an environmental authority under the Environmental Protection Act granted for all of the authorised activities for the GHG authority or proposed GHG authority that are environmentally relevant activities under that Act.
relevant environmental condition, for a provision about a GHG authority or proposed GHG authority, means a condition of any relevant environmental authority for the GHG authority or proposed GHG authority.
relevant GHG tenure, for a GHG data acquisition authority or proposed GHG data acquisition authority, see section 233(3).
relevant land, for a GHG lease application, means the land the subject of the application.
relevant lease—
(a) for a GHG lease application—see section 205(2); or
(b) for a GHG coordination arrangement—see section 186(4).
relevant owner or occupier, for a provision about entry notices, means the owner or occupier to whom the entry notice is to be given, or would be given, other than for an exemption from the requirement to give an entry notice.
relinquishment condition, for a GHG permit is the relinquishment condition under section 72(1).
relinquishment notice see section 72(3)(a).
remedial powers see section 356(2).
report means a written report.
required information, for chapter 5, part 4, division 3, see section 260.
required way, for giving the chief executive reports, see section 255(4).
requirements for grant see section 117(1).
resource Act see section 26A.
resource management decision see section 201.
road use direction see section 303(1).
safety management plan see the P&G Act, schedule 2.
satisfies, the capability criteria—
(a) for chapter 2—see section 42(3); or
(b) for chapter 3—see section 118(3).
second authority, for chapter 5, part 9, see section 316(1).
security includes a bond, deposit of an amount as security, guarantee, indemnity or other surety, insurance, mortgage and undertaking.
serious situation see section 363.
serious situation direction see section 364(2).
services of the State has the same meaning that the term has in relation to the State of Queensland under the Copyright Act 1968 (Cwlth), section 183(1).
share, of a GHG authority, means any interest held by a person as a holder of the authority in all of the area of the authority.
significant project means a project declared under the State Development and Public Works Organisation Act 1971, section 26, to be a significant project.
special criteria—
(a) for a GHG permit—see section 33(2)(b); or
(b) for a GHG lease—see section 125(2)b).
State-controlled road see Transport Infrastructure Act 1994, schedule 6.
storage capacity, of a GHG storage reservoir, means the measure of its potential for GHG stream storage.
storage commencement day, for a GHG lease, see section 120(2)(c).
structure means anything built or constructed, whether or not attached to land.
sub-block see section 26(2).
submission means a written submission.
surrender application see section 174(a).
third party transfer, of a GHG authority, see section 347.
unavailable land—
(a) for a GHG permit—see section 44(4); or
(b) for a GHG lease—see section 135(4).
waiver of entry notice—
(a) for chapter 5, part 7—means a waiver of entry notice mentioned in section 281 that complies with section 281(1); or
(b) for chapter 5, part 8—see section 312(3).
Water Act means the Water Act 2000.
Water Act Minister means the Minister of the department in which the Water Act is administered.
work program, for a GHG permit, see section 24(1).
work program criteria see section 55(2).