Queensland Consolidated Acts

PETROLEUM ACT 1923

TABLE OF PROVISIONS

           Long Title

           Contents

           Part 1--Preliminary

   1.      Short title
   2.      Definitions
   3.      Relationship with Mineral Resources Act
   4.      Relationship with Nature Conservation Act 1992
   4A.     Relationship with Greenhouse Gas Storage Act 2009
   7.      Application of Act
   7A.     Act applies out to coastal waters of the State
   7AA.    Qualification of 1923 Act petroleum tenure holders

           Part 3--Rights and powers of the Crown

   9.      Petroleum the property of the Crown
   10.     Reservations in grants

           Part 4--Authorities to prospect

           Division 1--General provisions

   18.     Authority to prospect
   18A.    Minister's power to decide excluded land for authority to prospect
   20.     Area of authority to prospect reduced on grant of lease
   21.     Surrender of authority to prospect
   24.     Miscellaneous rights
   24A.    Prohibition on carrying out activities prohibited under Geothermal Exploration Act 2003

           Division 2--Work programs
           Subdivision 1--Requirements for proposed later work programs

   25.     Operation of sdiv 1
   25A.    General requirements
   25B.    Program period
           Subdivision 2--Approval of proposed later work programs
   25C.    Application of sdiv 2
   25D.    Authority taken to have work program until decision on whether to approve proposed work program
   25E.    Deciding whether to approve proposed program
   25F.    Steps after, and taking effect of, decision
           Subdivision 3--Amending work programs
   25G.    Restrictions on amending work program
   25H.    Applying for approval to amend
   25I.    Requirements for making application
   25J.    Deciding application
   25K.    Steps after, and taking effect of, decision

           Division 3--Renewals

   25L.    Conditions for renewal application
   25M.    Requirements for making application
   25N.    Continuing effect of authority for renewal application
   25O.    Deciding application
   25P.    Term and area of renewed authority
   25Q.    Other provisions and taking effect of renewed authority
   25R.    Criteria for decisions
   25S.    Information notice about refusal
   25T.    When refusal takes effect

           Division 4--Expiry of part

   25U.    Expiry of pt 4 and ending of authorities to prospect

           Part 6--Provisions relating to leases

           Division 1--General provisions for leases

   40.     Lease to holder of authority to prospect
   40A.    Continuing effect, for s 40 application, of authority to prospect and its work program
   40B.    Minister's power to decide excluded land for lease
   44.     Form etc. of lease
   45.     Entitlement to renewal of lease
   46.     Annual rent
   46A.    Application of GST to rents
   47.     Reservations, conditions and covenants of lease
   48.     Commencement of drilling
   49.     Ascertainment of value
   51.     Use and occupation of mining area on private or improved land
   52.     Surrender and determination of lease
   52A.    Application of 2004 Act provisions about coextensive natural underground reservoirs

           Division 2--Development plans
           Subdivision 1--Requirements for proposed later development plans

   53.     Operation of sdiv 1
   53A.    General requirements
   53B.    Plan period
           Subdivision 2--Approval of proposed later development plans
   53C.    Application of sdiv 2
   53D.    Lease taken to have development plan until decision on whether to approve proposed development plan
   53E.    Deciding whether to approve proposed plan
   53F.    Power to require relinquishment
   53G.    Steps after, and taking effect of, decision

           Division 3--Miscellaneous provisions

   61.     Obstruction of 1923 Act petroleum tenure holder
   65.     Reservations in favour of State
   73.     Recovery of amounts payable to the State

           Part 6A--Key mandatory conditions and related provisions

           Division 1--Preliminary

   74.     Operation of div 1

           Division 2--Specific mandatory conditions for authorities to prospect and related provisions
           Subdivision 1--Standard relinquishment condition and related provisions

   74A.    Standard relinquishment condition
   74B.    Consequence of failure to comply with relinquishment condition
   74C.    Part usually required to be relinquished
   74D.    Sub-blocks that can not be counted towards relinquishment
   74E.    Adjustments for sub-blocks that can not be counted
   74F.    Relinquishment must be by blocks
   74G.    Ending of authority to prospect if all of area relinquished
           Subdivision 2--Work programs
   74H.    Requirement to have work program
   74I.    Compliance with exploration activities in work program
   74J.    Penalty relinquishment if work program not completed within extended period
   74K.    Obligation to lodge proposed later work program
   74L.    Consequence of failure to comply with notice to lodge proposed later work program
           Subdivision 3--Miscellaneous conditions
   74M.    Restriction on flaring or venting
   74N.    Petroleum royalty and annual rent

           Division 3--Specific mandatory conditions for leases and related provisions
           Subdivision 1--Development plans

   74O.    Requirement to have development plan
   74P.    Compliance with development plan
   74Q.    Obligation to lodge proposed later development plan
   74R.    Consequence of failure to comply with notice to lodge proposed later development plan
           Subdivision 2--Other mandatory conditions for leases
   74S.    Restriction on flaring or venting
   74T.    Obligation to commence production

           Division 4--Provisions for all 1923 Act petroleum tenures
           Subdivision 1--Preliminary

   74U.    Application of div 4
           Subdivision 2--General mandatory conditions
   74V.    Obligation to consult with particular owners and occupiers
   74W.    Civil penalty for nonpayment of annual rent
   74X.    Compliance with land access code
   74Z.    Obligation to comply with Act and prescribed standards
   75.     Obligation to survey if Minister requires
   75AA.   Notice of change of holder's name

           Division 5--Mandatory conditions and related provisions for when 1923 Act petroleum tenure ends or area reduced

   75A.    Obligation to decommission pipelines
   75B.    Obligation to remove equipment and improvements
   75C.    Authorisation to enter to facilitate compliance with s 74X or this division

           Part 6B--Provisions relating to authorised activities

   75D.    General restriction on carrying out authorised activities
   75E.    Who may carry out authorised activity for holder
   75EA.   Limitation of owner's or occupier's tortious liability for authorised activities

           Part 6C--Commercial viability assessment

   75F.    Minister's power to require commercial viability report
   75G.    Required content of commercial viability report
   75H.    Minister's power to obtain independent viability assessment
   75I.    Costs of independent viability assessment

           Part 6D--Wells, water supply bores and water observation bores

           Division 1--Restrictions on drilling

   75J.    Requirements for drilling well
   75K.    Restriction on who may drill water observation bore or water supply bore

           Division 2--Converting well to water supply bore

   75L.    Restrictions on making conversion
   75M.    Notice of conversion

           Division 3--Transfers of wells, water observation bores and water supply bores
           Subdivision 1--General provisions

   75N.    Operation of div 3
   75O.    Transfer only permitted under div 3
   75P.    Effect of transfer
           Subdivision 2--Permitted transfers
   75Q.    Transfer of water observation bore or water supply bore to landowner
   75R.    Transfer of well to holder of geothermal exploration permit or mining tenement
   75S.    Transfer of water observation bore to petroleum tenure holders or water monitoring authority holder
           Subdivision 3--Notice of transfer
   75T.    Notice of transfer to Water Act regulator or Mineral Resources Act chief executive

           Division 4--Decommissioning of wells, water observation bores and water supply bores

   75U.    Obligation to decommission
   75V.    Right of entry to facilitate decommissioning
   75W.    Responsibility for well or bore after decommissioning

           Division 5--Water monitoring authorities
           Subdivision 1--Obtaining water monitoring authority

   75WA.   Who may apply for water monitoring authority
   75WB.   Requirements for making application
   75WC.   Deciding application for water monitoring authority
           Subdivision 2--Key authorised activities
   75WD.   Operation of sdiv 2
   75WE.   Water monitoring activities
   75WF.   Limited right to take or interfere with underground water
   75WG.   Authorisation for Water Act
   75WH.   Water Act not otherwise affected
   75WI.   Restriction on carrying out authorised activities
   75WJ.   No right to petroleum discovered
           Subdivision 3--Miscellaneous provisions
   75WK.   Term of authority
   75WL.   Provision for who is the authority holder if only 1 related petroleum tenure
   75WM.   Additional condition of relevant petroleum tenure
   75WN.   Amending water monitoring authority by application

           Part 6E--Reporting

           Division 1--General reporting provisions

   75X.    Requirement to report outcome of testing
   75Y.    Notice about discovery and commercial viability
   75Z.    Relinquishment report
   76.     End of tenure report

           Division 2--Records and samples

   76A.    Requirement to keep records and samples
   76B.    Requirement to lodge records and samples

           Division 3--Releasing required information

   76C.    Meaning of required information
   76D.    Public release of required information
   76E.    Chief executive may use required information
   76G.    Power to require information or reports about authorised activities to be kept or given
   76GA.   Giving copy of required notice by publication
   76GB.   Copy of particular notices for chief executive (environment)

           Part 6F--Provisions for coal seam gas

           Division 1--Preliminary
           Subdivision 1--Introduction

   76H.    Main purposes of pt 6F
   76I.    How main purposes are achieved
   76J.    Relationship with other provisions of Act
           Subdivision 2--Definitions for pt 6F
   76K.    What is coal seam gas and incidental coal seam gas
   76L.    What is oil shale
   76M.    What is a coal exploration tenement and a coal mining lease
   76N.    What is an oil shale exploration tenement and an oil shale mining lease
   76O.    What is a coal or oil shale mining tenement

           Division 2--Additional provisions for authorities to prospect
           Subdivision 1--Grant of authority to prospect in area of coal or oil shale exploration tenement

   76P.    Provisions for authority to prospect
           Subdivision 2--Restriction on authorised activities on coal or oil shale mining lease land
   76Q.    Application of sdiv 2
   76R.    Restriction
           Subdivision 3--Condition
   76S.    Compliance with obligations under Mineral Resources Act

           Division 3--Renewal provisions

   76T.    Application of div 3
   76U.    Additional requirements for making application
   76V.    Content requirements for CSG statement
   76W.    Applicant's obligations
   76X.    Minister may require further negotiation
   76Y.    Consequence of applicant not complying with obligations or requirement
   76Z.    Obligations of coal or oil shale exploration tenement holder
   77.     Submissions by coal or oil shale exploration tenement holder

           Division 4--Other additional provisions for leases
           Subdivision 1--Conditions

   77N.    Compliance with obligation to negotiate with coal or oil shale mining lease applicant
   77O.    Requirement for giving of copy of relinquishment report
   77P.    Cessation of relinquishment condition for area not overlapping with coal or oil shale exploration tenement
           Subdivision 2--Amendment of relinquishment condition by application
   77Q.    Application of sdiv 2
   77R.    Conditions for applying to amend
   77S.    Obligation of coal or oil shale exploration tenement holder to negotiate
   77T.    Requirements for making application
   77U.    Notice of application
   77V.    Submissions by coal or oil shale exploration tenement holder
   77W.    Minister may require further negotiation
   77X.    Deciding amendment application
           Subdivision 3--Restriction on amendment of other conditions
   77Y.    Interests of relevant coal or oil shale mining tenement holder to be considered

           Division 5--Restrictions on particular transfers

   77Z.    Requirement for coordination arrangement to transfer lease in tenure area of mining lease

           Division 6--Additional provisions for development plans
           Subdivision 1--Additional requirements for proposed later development plans

   77ZA.   Operation of sdiv 1
   77ZB.   Statement about interests of coal or oil shale mining tenement holder
   77ZC.   Requirement to optimise petroleum production
   77ZD.   Consistency with coal or oil shale mining lease, development plan and relevant coordination arrangement
           Subdivision 2--Other additional provisions for proposed later development plans
   77ZE.   Application of sdiv 2
   78.     Additional criteria for approval

           Division 7--Confidentiality of information

   78A.    Application of div 7
   78B.    Confidentiality obligations
   78C.    Civil remedies

           Part 6FA--Provisions for GHG authorities

           Division 1--Preliminary

   78CA.   Relationship with other provisions
   78CB.   What is an overlapping GHG authority
   78CC.   General provision about 1923 Act petroleum tenures for land subject to GHG authority

           Division 2--Restrictions on authorised activities for authorities to prospect

   78CD.   Overlapping GHG lease
   78CE.   Overlaps with other GHG authorities
   78CF.   Resolving disputes about the restrictions

           Division 3--Leases with overlapping GHG authority
           Subdivision 1--Continuance of coordination arrangements after renewal or dealing

   78CG.   Requirement to continue GHG coordination arrangement
           Subdivision 2--Later development plans
   78CH.   Operation of sdiv 2
   78CI.   Statement about interests of GHG tenure holder
   78CJ.   Consistency with GHG tenure's development plan and with any relevant coordination arrangement

           Division 4--Provisions for all 1923 Act petroleum tenures
           Subdivision 1--Safety management plans

   78CK.   Requirements for consultation with particular GHG tenure holders
   78CL.   Application of 2004 Act provisions for resolving disputes about reasonableness of proposed provision
           Subdivision 2--Other provisions
   78CM.   Condition to notify particular GHG authority holders of proposed start of particular authorised activities
   78CN.   Restriction on power to amend

           Part 6G--Security

   78D.    Operation and purpose of pt 6G
   78E.    Power to require security for 1923 Act petroleum tenure
   78F.    Minister's power to require additional security
   78G.    Interest on security
   78H.    Power to use security
   78I.    Replenishment of security
   78J.    Security not affected by change in holder
   78K.    Retention of security after 1923 Act petroleum tenure ends

           Part 6H--Private land

           Division 1--Requirements for entry to private land in 1923 Act petroleum tenure area
           Subdivision 1--Entry notice requirement for preliminary activities and particular advanced activities

   78L.    Entry notice requirement
   78M.    Required contents of entry notice
   78N.    Exemptions from entry notice requirement
   78O.    Provisions for waiver of entry notice
   78P.    Giving entry notice by publication
           Subdivision 2--Conduct and compensation agreement requirement for particular advanced activities
   78Q.    Conduct and compensation agreement requirement
   78R.    Exemptions from conduct and compensation agreement requirement
   78S.    Requirements for deferral agreement

           Division 4--Provisions for dealings or change in ownership or occupancy

   78T.    Entry notice or waiver of entry notice not affected by dealing
   78U.    Change in ownership or occupancy

           Division 5--Periodic notice after entry of land

   78V.    Notice to owners and occupiers

           Division 6--Access to carry out rehabilitation or environmental management

   78W.    Right of access for authorised activities includes access for rehabilitation and environmental management

           Part 6I--Public land

           Division 1--Public roads
           Subdivision 1--Preliminary

   78X.    Significant projects excluded from div 1
   78Y.    What is a notifiable road use
           Subdivision 2--Notifiable road uses
   78Z.    Notice of notifiable road use
   79.     Directions about notifiable road use
   79A.    Obligation to comply with road use directions
           Subdivision 3--Compensation for notifiable road uses
   79B.    Liability to compensate public road authority
   79C.    Compensation agreement
   79D.    Deciding compensation through Land Court
   79E.    Criteria for decision
   79F.    Land Court review of compensation
   79G.    Compensation to be addressed before carrying out notifiable road use
   79H.    Compensation not affected by change in administration or holder

           Division 2--Other public land

   79I.    Requirement for entry notice to carry out authorised activities
   79J.    Waiver of entry notice
   79K.    Required contents of entry notice
   79L.    Conditions public land authority may impose

           Part 6J--Access to land in area of another 1923 Act petroleum tenure, a 2004 Act petroleum authority or a mining tenement

   79M.    Application of pt 6J
   79N.    Access to land in area of lease under this Act, a 2004 Act lease or a mining lease
   79O.    Access to land in area of another type of mining tenement or 1923 Act petroleum tenure

           Part 6K--Compensation and negotiated access

           Division 1--Compensation other than for notifiable road uses
           Subdivision 1--Preliminary

   79P.    Application of div 1
           Subdivision 2--General provisions
   79Q.    General liability to compensate
           Subdivision 3--General provisions for conduct and compensation agreements
   79R.    Conduct and compensation agreement
   79S.    Content of conduct and compensation agreement
           Subdivision 4--Negotiation process
   79T.    Notice of intent to negotiate
   79U.    Negotiations
   79UA.   Provision for the minimum negotiation period
   79V.    Cooling-off during minimum negotiation period
   79VA.   Parties may seek conference or independent ADR
   79VAB.  Conduct of conference or ADR
           Subdivision 5--Deciding compensation through Land Court
   79VB.   Land Court may decide if negotiation process unsuccessful
   79VC.   Land Court review of compensation
   79VD.   Orders Land Court may make
           Subdivision 6--Additional Land Court jurisdiction for compensation and related matters
   79VDA.  What sdiv 6 is about
   79VDB.  Additional jurisdiction
   79VDC.  Jurisdiction to impose or vary conditions
           Subdivision 7--Miscellaneous provision
   79VE.   Compensation not affected by change in ownership or occupancy

           Division 2--Compensation for notifiable road uses

           Part 6L--Ownership of pipelines, equipment and improvements

           Division 1--Pipelines

   79W.    Application of div 1
   79X.    General provision about ownership while tenure is in force for pipeline
   79Y.    Ownership afterwards

           Division 2--Equipment and improvements

   79Z.    Application of div 2
   80.     Ownership of equipment and improvements

           Part 6M--Petroleum register

   80A.    Petroleum register
   80B.    Keeping of register
   80C.    Access to register
   80CA.   Arrangements with other departments for copies from petroleum register
   80CB.   Supply of statistical data from petroleum register
   80D.    Chief executive may correct register

           Part 6N--Dealings

           Division 1--Dealings

   80E.    What is a dealing
   80G.    Conditions for permitted dealings

           Division 2--Obtaining approval for dealing

   80H.    Minister may give indication for proposed dealing
   80I.    Applying for approval
   80J.    Deciding application
   80K.    Criteria for decision

           Part 6O--Enforcement of end of tenure and area reduction obligations

   80L.    Power of authorised person to ensure compliance
   80M.    Requirements for entry to ensure compliance
   80N.    Duty to avoid damage in exercising remedial powers
   80O.    Notice of damage because of exercise of remedial powers
   80P.    Compensation for exercise of remedial powers
   80Q.    Ownership of thing removed in exercise of remedial powers
   80R.    Recovery of costs of and compensation for exercise of remedial power

           Part 6P--Noncompliance procedure

           Division 1--Introduction

   80S.    Operation of pt 6P

           Division 2--Noncompliance action

   80T.    Types of noncompliance action that may be taken
   80U.    When noncompliance action may be taken

           Division 3--Procedure for noncompliance action

   80V.    Application of div 3
   80W.    Notice of proposed noncompliance action
   80X.    Considering submissions
   80Y.    Decision on proposed noncompliance action
   80Z.    Notice and taking effect of decision
   81.     Consequence of failure to comply with relinquishment requirement

           Part 6Q--Other common provisions for 1923 Act petroleum tenures

   83.     Restrictions on location of drills
   84.     Prevention of waste etc.
   85.     Casing well
   86.     Water rights
   87.     Water monitoring activities
   88.     Duty to avoid interference in carrying out authorised activities
   89.     Compliance with Act etc.
   90.     Regulations may prescribe further provisions
   92.     Delivery of premises in case of forfeiture
   93.     Right to mine for other minerals
   95.     Limits on use of water from natural source
   96.     Who bound by terms of 1923 Act petroleum tenure
   100.    Union of leases
   101.    Minister's power to ensure compliance by 1923 Act petroleum tenure holder
   102.    Interest on amounts owing to the State under this Act
   103.    Recovery of unpaid amounts

           Part 6R--Conferences with eligible claimants or owners and occupiers

           Division 1--Preliminary

   103A.   Application of pt 6R

           Division 2--Calling conference and attendance

   103B.   Calling conference
   103C.   Who may attend conference
   103D.   What happens if a party does not attend

           Division 3--Conduct of conference

   103E.   Authorised officer's role
   103F.   Statements made at conference
   103G.   Agreement made at conference

           Part 7--Appeals

   104.    Who may appeal
   105.    Period to appeal
   106.    Starting appeal
   107.    Stay of operation of decision
   108.    Hearing procedures
   109.    Land Court's powers on appeal

           Part 8--Evidence and legal proceedings

           Division 1--Evidentiary provisions

   110.    Application of div 1
   111.    Appointments and authority
   112.    Signatures
   113.    Other evidentiary aids

           Division 2--Offence proceedings

   114.    Offences under Act are summary
   115.    Statement of complainant's knowledge
   116.    Allegations of false or misleading matters
   117.    Conduct of representatives
   118.    Additional orders that may be made on conviction

           Part 9--Miscellaneous

           Division 1--Applications

   119.    Application of div 1
   120.    Substantial compliance with application requirements may be accepted
   121.    Additional information may be required about application
   122.    Amending applications
   123.    Withdrawal of application
   124.    Minister's power to refund application fee

           Division 2--Miscellaneous provisions for 1923 Act petroleum tenures

   125.    Power to correct or amend
   126.    Replacement of instrument for tenure
   127.    Joint and several liability for conditions and for debts to State
   128.    Notice of agent

           Division 3--Other miscellaneous provisions

   129.    Name and address for service
   130.    Additional information about reports and other matters
   131.    References to right to enter
   132.    Application of provisions
   133.    Protection from liability for particular persons
   134.    Delegation by Minister or chief executive
   135.    Approved forms
   142.    Practice manual
   143.    Points etc. to be ascertained by reference to Australian Geodetic Datum
   144.    Interference with pipeline or petroleum activities under this Act
   147.    Penalties
   148.    Other rights of action not affected
   149.    Regulation-making power
   150.    Declaration about certain 1923 Act petroleum tenures

           Part 10--Transitional provisions for 1923 Act petroleum tenures from 31 December 2004

           Division 1--General transitional provisions

           Subdivision 1--Particular unfinished applications

   151.    Unfinished authority to prospect applications for which a Commonwealth Native Title Act s 29 notice has been given
   152.    Additional condition of authority to prospect granted under s 151
   153.    Lapsing of unfinished former s 42 applications
           Subdivision 2--Authorities to prospect
   154.    Area of land in area of coal or oil shale mining lease becomes excluded land
   155.    Conditions of an authority to prospect about expenditure or work becomes its work program
           Subdivision 3--Leases
   156.    Program for development and production for a lease becomes its development plan
           Subdivision 4--Conflict between 1923 Act petroleum tenure conditions and relevant environmental conditions
   157.    Environmental conditions prevail
           Subdivision 5--Securities
   158.    Provision for existing demands for additional or alternative security under former s 43(8)
   159.    Monetary securities
   160.    Non-monetary securities
           Subdivision 6--Notices of entry under Petroleum Regulation 1966 relating to 1923 Act petroleum tenure
   161.    Conversion to entry notice
           Subdivision 7--Compensation
   162.    Accrued compensation rights relating to 1923 Act petroleum tenure
   163.    Existing compensation agreements relating to 1923 Act petroleum tenure
           Subdivision 8--Continuation of former cancellation provision in particular circumstances
   164.    Continued application of former s 22 for previous acts or omissions
           Subdivision 9--Existing road uses
   165.    Exclusion of pt 6I, div 1 for continuance of particular existing road uses
           Subdivision 9A--Provisions for existing Water Act bores
   165A.   Exemption from, or deferral of, reporting provisions for existing 1923 Act petroleum tenure holders
   165B.   Make good obligation only applies for existing Water Act bores on or from 31 December 2004
           Subdivision 10--Miscellaneous provisions
   166.    Provision for cancellation of particular conditions of lease 191
   167.    Application of s 3 to particular existing mining tenements
   168.    Deferral of s 52A for existing leases
   169.    Deferral of s 79I for particular 1923 Act petroleum tenure holders

           Division 2--Relinquishment condition until first renewal after 31 December 2004, and related provisions

   170.    Application of div 2
   171.    What is the current term of an authority to prospect
   172.    What are the transitional notional sub-blocks of an authority to prospect
   173.    Relinquishment condition if authority includes a reduction requirement
   174.    Relinquishment condition if authority does not include a reduction requirement

           Division 3--Leases overlapping with an existing or proposed mineral development licence
           Subdivision 1--Preliminary

   175.    Definitions for div 3
   176.    Application of div 3
           Subdivision 2--Additional provisions
   177.    Obligation of lessee to give access to MDL holder
   178.    Additional requirements for later development plans for lease
   179.    Minister may require further negotiation
           Subdivision 3--Confidentiality of information
   180.    Application of sdiv 3
   181.    Confidentiality obligations
   182.    Civil remedies

           Part 11--Transitional provisions for Petroleum and Other Legislation Amendment Act 2005

   183.    S 86 water bores
   184.    Decommissioning wells and bores

           Part 12--Transitional provision for Mines and Energy Legislation Amendment Act 2008

   185.    Provision for repeal of section 19

           Part 13--Transitional provisions for amendments under Geothermal Energy Act 2010

   186.    Land access code prevails over conditions
   187.    Existing compensation agreements other than for notifiable road uses
   188.    Existing entry notices
   189.    References to geothermal tenure
           SCHEDULE -- DECISIONS SUBJECT TO APPEAL
           Endnotes