Queensland Consolidated Acts Queensland Consolidated ActsIn this Act—
1923 Act petroleum tenure—
(a) generally, means an authority to prospect or lease under this Act; and
(b) for parts 6H, 6I, 6J and 6K, includes a water monitoring authority.
2004 Act means the Petroleum and Gas (Production and Safety) Act 2004.
2004 Act ATP means an authority to prospect under the 2004 Act.
2004 Act lease means a petroleum lease under the 2004 Act.
2004 Act petroleum authority see the 2004 Act, section 18(2).
2004 Act petroleum tenure means a 2004 Act ATP or 2004 Act lease.
ADR see section 79VA(2)(b).
advanced activity, for a provision about a 1923 Act petroleum tenure, means an authorised activity for the tenure other than a preliminary activity for the tenure.
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 105 for starting an appeal against the decision.
area—
1 The area of a 1923 Act petroleum tenure is any land to which the tenure is subject, as recorded in the petroleum register.
2 However, the area of a 1923 Act petroleum tenure does not include any excluded land for the tenure.
3 The area of a 2004 Act petroleum tenure is the land to which the tenure is subject, as recorded in the petroleum register under that Act.
4 The area of a mining tenement is the land to which the tenement is subject.
authorised activity—
1 An authorised activity, for a 1923 Act petroleum tenure or water monitoring authority, is an activity that its holder is, under this Act, the tenure or authority, entitled to carry out in relation to the tenure or authority.
2 An authorised activity, for a coal or oil shale mining tenement, is an activity that its holder is, under the Mineral Resources Act or the tenement, entitled to carry out in relation to the tenement.
3 An authorised activity, for a GHG authority, is an activity that its holder is, under the GHG storage Act or the authority, entitled to carry out or exercise in relation to the authority.
4 An authorised activity, for a geothermal tenure, is an activity that its holder is, under the Geothermal Act or the tenure, entitited to carry out or exercise in relation to the tenure.
authority to prospect means an authority to prospect under this Act.
block means the land, identified in the way approved by the chief executive, resulting from a notional division of the earth's surface—
(a) by 2 meridians of longitude 5 minutes apart, each meridian being a multiple of 5 minutes of longitude from the meridian of Greenwich; and
(b) by 2 parallels of latitude 5 minutes apart, each parallel being a multiple of 5 minutes of latitude from the equator.
capability criteria, for a 1923 Act petroleum tenure, means the extent to which the Minister is of the opinion that its holder is capable of carrying out authorised activities for the tenure, having regard to the holder's—
(a) financial and technical resources; and
(b) ability to manage petroleum exploration and production.
coal exploration tenement see section 76M(1).
coal mining lease see section 76M(2).
coal or oil shale mining lease means a coal mining lease or oil shale mining lease under the Mineral Resources Act.
coal or oil shale mining tenement means a coal mining or oil shale mining tenement under the Mineral Resources Act.
coal seam gas see section 76K(1).
commercial viability report see section 75F(1).
Commonwealth Native Title Act means the Native Title Act 1993 (Cwlth).
compensation application, for part 6K, division 2, means an application made under section 79VH(1).
compensation liability—
(a) for part 6K, division 1—see section 79Q(2); or
(b) for part 6K, division 2—see section 79VF(2).
conditions of a 1923 Act petroleum tenure means—
(a) the conditions stated in it from time to time; and
(b) the tenure holder's obligations under this Act; and
(c) any condition of the tenure under this Act; and
(d) a condition that a tenure holder must ensure each person acting for the holder who carries out an authorised activity for the tenure complies with its conditions to the extent they apply to the carrying out of the activity.
Editor's note—
See section 75E (Who may carry out authorised activity for holder).
conduct and compensation agreement see section 79R(1).
conduct and compensation agreement requirement see section 78Q(2).
coordinated development agreement see section 177(4).
coordination arrangement means a coordination arrangement under the 2004 Act.
crude oil means petroleum oil in its natural state before it has been refined or otherwise treated but from which water and other foreign substances may have been extracted.
CSG assessment criteria see section 76U(1)(b).
CSG statement see section 76U(1)(a).
current term, of an authority to prospect, see section 171.
dangerous situation means a situation relating to petroleum, or fuel gas as defined under the 2004 Act, in which an inspector under the 2004 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.
dealing see section 80E.
deferral agreement see section 78S(b).
development plan—
1 The development plan for a lease is—
(a) for a lease in force before 31 December 2004—its current program for development and production under former section 50 that, under section 156, is taken to be its development plan; or
(b) for a lease granted after 31 December 2004—the proposed program for development and production of petroleum for the application for the lease, lodged under section 40(2)(b).
2 However, if, under part 6, division 2, a later development plan is approved for the lease, the later development plan is the development plan for the lease.
drill, other than for sections 48, 83, 84 and 89—
(a) includes to bore; and
(b) for, a water supply bore, includes excavating the bore.
drilling means drilling, for sections 48, 83, 84 and 89, or boring.
election notice see section 79VA(2).
eligible claimant, for compensation, see section 79Q(1).
enter a place includes the exercise of the rights in relation to the place under section 74X.
entry notice—
(a) for part 6H—see section 78M(1); or
(b) for part 6I—see section 79I(2)(b).
Environmental Protection Act means the Environmental Protection Act 1994.
excluded land for—
(a) an authority to prospect, means excluded land for the authority, decided under section 18A; or
(b) a lease, means excluded land for the lease, decided under section 40B.
Editor's note—
See also section 154 (Area of land in area of coal or oil shale mining lease becomes excluded land).
explore, for petroleum, means to carry out an activity for the purpose of finding petroleum in a natural underground reservoir.
Examples—
conducting a geochemical, geological or geophysical survey
drilling a well for petroleum or the investigation of the geological structure or stratigraphy in the well
carrying out testing in relation to a well
taking a sample for chemical or other analysis
fee includes tax.
first authority, for part 6J, see section 79M(1).
Geothermal Act see section 4A.
geothermal activity see the Geothermal Act, section 18.
geothermal coordination arrangement see the Geothermal Act, section 138(4).
geothermal exploration permit means a geothermal exploration permit under the Geothermal Exploration Act 2004.
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 authority see the GHG storage Act, section 18(3).
GHG coordination arrangement see the GHG storage Act, section 186(3).
GHG lease see the GHG storage Act, section 18(1)(b).
GHG permit see the GHG storage Act, section 18(1)(a).
GHG storage Act see section 4A.
GHG storage activity means an authorised activity under the GHG storage Act for a GHG authority.
GHG stream see the GHG storage Act, section 12.
GHG stream storage see the GHG storage Act, section 14.
GHG tenure see the GHG storage Act, section 18(2).
holder, of a 1923 Act petroleum tenure, means each person recorded in the petroleum register as its holder.
incidental coal seam gas see section 76K(2).
independent viability assessment see section 75H(2).
information-giver, for part 6F, see section 78A(1).
information notice, for a decision, means a notice stating each of the following—
(a) the decision, and the reasons for it;
(b) all appeal rights under this Act;
(c) the period in which any appeal under this Act must be started;
(d) how appeal rights 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.
interfere with includes tamper.
land includes land covered by water, and whether by sea or otherwise.
land access code see the 2004 Act, section 24A.
later development plan requirements see section 53.
later work program requirements see section 25.
lease means a petroleum lease granted under this Act.
lessee means the holder of a petroleum lease.
licensed water bore driller means an individual who holds a water bore driller's licence under the Water Act.
mandatory condition for—
(a) an authority to prospect, means a condition of the authority imposed under part 6A, division 2 or 4 as a mandatory condition or prescribed under section 90; or
(b) a lease, means—
(i) a condition of the lease imposed under part 6A, division 3 or 4 as a mandatory condition or prescribed under section 90 as a mandatory condition; or
(ii) the reservations, conditions and covenants of the lease imposed under section 47.
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 79U(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 the holder is authorised to carry out mining or a related mineral or energy resources activity under the Mineral Resources Act.
mining lease see the Mineral Resources Act, schedule 2.
mining tenement means a mining tenement under the Mineral Resources Act.
natural gas means gas consisting primarily of hydrocarbons, and obtained from boreholes or from crude oil.
natural underground reservoir—
1 A natural underground reservoir is a part of a geological formation or structure—
(a) in which petroleum has accumulated; or
(b) that is suitable to store petroleum.
2 A geological formation or structure mentioned in item 1 does not cease to be a natural underground reservoir merely because it has been modified for petroleum production or storage.
3 In items 1 and 2, a geological formation includes a coal seam.
negotiation notice see section 79T(1).
noncompliance action means action of a type mentioned in section 80T.
notice means a written notice.
notifiable road use, for a 1923 Act petroleum tenure, see section 78Y(1).
occupier, of a place, means a person—
(a) 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, 1923 Act petroleum tenure, 2004 Act petroleum authority, GHG authority or geothermal tenure; or
(b) to whom an occupier under paragraph (a) has given the right to occupy the place.
oil shale see section 76L.
oil shale exploration tenement see section 76N(1).
oil shale mining lease see section 76N(2).
on, land or another place, includes across, attached to, in, under or over the land or place.
operate, a pipeline—
1 Operate, a pipeline, includes use, inspect, test, maintain, repair, alter, add to and replace the pipeline.
2 For item 1, using a pipeline includes using it to transport petroleum.
operating plant see the 2004 Act, section 670.
original notional sub-blocks of an authority to prospect—
1 The original notional sub-blocks, of an authority to prospect, are the sub-blocks stated in the instrument for the authority at the following time—
(a) if the authority was granted before 31 December 2004—immediately after its first renewal after that day;
(b) if the authority was granted after 31 December 2004—when it was originally granted.
2 However, the original notional sub-blocks do not include any sub-block stated in the instrument that is completely within the area of a lease under this Act or a 2004 Act lease.
3 For item 1, if the instrument—
(a) states that the authority's area includes land within a block; but
(b) does not include or exclude any particular sub-block within that block;
the reference to the block is a reference to all sub-blocks within the block, other than any sub-block that is completely within the area of another 1923 Act petroleum tenure or a 2004 Act petroleum tenure.
overlapping authority (geothermal or GHG), for part 6FA, see section 78CB.
overlapping tenure, for part 6FA, see section 78CH(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—
(A) if, under the NCA, the park or reserve has trustees whose powers are not restricted—the trustees; or
(B) 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 Aboriginal land under the Aboriginal Land Act 1991 that is taken to be a reserve because of section 87(2) or 87(4)(b) of that Act—the trustee of the land;
(ka) 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) of that Act—the trustee 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 chief executive of the department in which the NCA is administered—
(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 has more than 1 owner, a reference in this Act to its owner of the land is a reference to each of its owners.
parties—
(a) for part 6K, division 1, subdivision 4—see section 79U(1); or
(b) for part 6R—see section 103B.
payable, as applied to petroleum, means petroleum of such quantity and quality that it can under ordinary circumstances be won with profit.
petroleum means any—
(a) naturally occurring hydrocarbon, whether in a gaseous, liquid or solid state; or
(b) naturally occurring mixture of hydrocarbons, whether in a gaseous, liquid or solid state; or
(c) naturally occurring mixture of 1 or more hydrocarbons, whether in a gaseous, liquid, or solid state, and 1 or more of the following—
(i) hydrogen sulphide;
(ii) nitrogen;
(iii) helium;
(iv) carbon dioxide;
and includes any petroleum defined by paragraphs (a) to (c) that has been returned to a natural reservoir, but does not include, and is hereby declared never did include—
(d) shale from which mineral oil may be extracted or produced;
(e) mineral oil extracted or produced from shale or coal or other rock by some chemical or thermal process;
(f) hydrocarbons and other substances or matter occurring in association with shale or coal and necessarily mined, extracted, produced or released by or in connection with mining for shale or coal or the extraction or production of mineral oil therefrom;
(g) alginite;
(h) coal;
(i) lignite;
(j) peat;
(k) shale or other rock from which a gasification or retorting product as defined in the 2004 Act may be extracted or produced;
(l) torbanite.
petroleum deposits means the petroleum-producing or petroleum-bearing sands or strata.
petroleum register means the register the chief executive keeps under section 80C.
petroleum royalty means petroleum royalty imposed under the 2004 Act, section 590.
pipeline means the whole or part of a pipe or a system of pipes for conveying petroleum, wherever recovered, and all ancillary equipment and works connected therewith, including flow lines from wells, gathering lines and main lines and installations in connection therewith such as tanks, reservoirs, pumps, racks and loading facilities, structures supporting the line, pump houses, and apparatus to afford protection against corrosion, but does not include flare lines and similar pipelines at wells being drilled for petroleum.
place includes land.
plan period, for a development plan, means the period for which the plan applies.
preliminary activity—
1 A preliminary activity, for a provision about a 1923 Act petroleum tenure, means an authorised activity for the tenure 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, including Aboriginal land under the Aboriginal Land Act 1991 and Torres Strait Islander land under the Torres Strait Islander Land Act 1991; 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 1923 Act petroleum tenure or 2004 Act petroleum authority;
(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.
produced, for petroleum, means to recover or release it to ground level from a natural underground reservoir in which it has been contained or from which it is extracted.
program period, for a work program, means the period for which the program applies.
provisions of a 1923 Act petroleum tenure—
1 A reference in this Act to a 1923 Act petroleum tenure includes a reference to its provisions.
2 A reference in this Act to the provisions of a 1923 Act petroleum tenure is a reference to its mandatory or other conditions and any thing written in it.
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 1923 Act petroleum tenure or 2004 Act petroleum authority;
(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.
recipient, for part 6F, see section 78A(1).
relevant departmental office, for an application or document that is required to be made, given or lodged under this Act, means—
(a) the office of the department at which the relevant approved form provides that the application or document must be made, given or lodged; or
(b) if the relevant approved form does not make provision as mentioned in paragraph (a) or if there is no relevant approved form—the office of the department as stated in a gazette notice by the chief executive; or
(c) if paragraph (b) applies and no office is gazetted as mentioned in paragraph (b)—the office of the chief executive.
relevant environmental authority, for a 1923 Act petroleum tenure or water monitoring authority, means an environmental authority under the Environmental Protection Act granted for all of the authorised activities for the tenure or authority that are environmentally relevant activities under the Environmental Protection Act.
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—
1 Generally, the relinquishment condition, for an authority to prospect is the relinquishment condition under section 74A(1).
2 However if part 10, division 2 applies and the authority is an authority to which section 173 or 174 applies, the relinquishment condition for the authority is the relinquishment condition under that section.
3 The relinquishment condition for a lease is the relinquishment condition under section 77M(4).
remedial powers see section 80L(2).
report means a written report.
required information, for part 6E, division 3, see section 76C.
road use direction see section 79(1).
safety management plan see the 2004 Act, schedule 2.
second authority, for part 6J, see section 79M(1).
security includes bond, deposit of an amount as security, guarantee, indemnity or other surety, insurance, mortgage and undertaking.
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 1923 Act petroleum tenure, means any interest held by a person as a holder of the tenure in all of the area of the tenure.
specific purpose mining lease means a mining lease that, under the Mineral Resources Act, section 234(1)(b), is granted for a purpose other than mining.
State-controlled road see Transport Infrastructure Act 1994, schedule 6.
structure means anything built or constructed, whether or not attached to land.
sub-block means the land, identified in the way approved by the chief executive, resulting from a notional division of a block into 25 areas, each sub-block being bounded by 2 meridians of longitude 1 minute apart and 2 parallels of latitude 1 minute apart.
sublease, for a lease over land covered by a coordination arrangement, means a sublease of all or part of—
(a) the leased land; or
(b) petroleum produced under the lease.
submission means a written submission.
the public interest means a consideration of each of the following—
(a) government policy;
(b) value of commodity production (including time value);
(c) employment creation;
(d) total return to the State and to Australia (including royalty and rent), assessed on both a direct and indirect basis, so that, for example, downstream value adding is included;
(e) social impacts;
(f) the overall economic benefit for the State, or a part of the State, in the short and long term;
(g) impacts on aesthetic, amenity, cultural or environmental values.
transfer, of a well, water observation bore or water supply bore, see section 75N(2).
transitional notional sub-blocks, of an authority to prospect, see section 172.
unallocated State land has the same meaning as in the Land Act 1994.
underground water means water that occurs naturally in, or is introduced artificially into, an aquifer, whether or not it would, if tapped by a bore, flow naturally to the surface.
underground water obligations, of a petroleum tenure holder, means—
(a) the holder's underground water obligations under the Water Act, chapter 3; and
(b) any other obligation under the Water Act, chapter 3 with which the holder is required to comply, if failure to comply with the obligation is an offence against that Act.
Examples of another obligation under the Water Act, chapter 3 with which the holder may be required to comply—
giving an underground water impact report under section 370 of that Act
preparing and complying with a baseline assessment plan under sections 397 and 400 of that Act
usual relinquishment see section 74C(3).
waiver of entry notice—
(a) for part 6H—means a waiver of entry notice mentioned in section 78O that complies with section 78O(1); or
(b) for part 6I—see section 79I(3).
Water Act means the Water Act 2000.
Water Act regulator means the chief executive of the department that administers the Water Act.
water monitoring activity see section 87.
water monitoring authority means an authority granted under section 75WC.
water observation bore—
1 A water observation bore is a bore to monitor water levels.
2 A reference to a water observation bore includes its casing, wellhead and any other works constructed in connection with the bore.
water supply bore means a water bore drilled under section 86 with the permission of the Minister.
well—
1 A well is a hole in the ground made or being made by drilling, boring or any other means—
(a) to explore for or produce petroleum; or
(b) to inject petroleum into a natural underground reservoir; or
(c) through which petroleum may be produced.
2 A well includes the casing for the well and any wellhead for the well attached to it.
3 To remove any doubt, it is declared that a well does not include any of the following—
(a) a water observation bore;
(b) a water supply bore;
(c) a water bore to which the Water Act, chapter 3 applies;
(d) a seismic shot hole or shallow hole drilled to work out a geological structure.
wellhead means the casing head, and includes any casing hanger or spool, or tubing hanger, and any flow control equipment up to and including the wing valves.
work program, for an authority to prospect, means—
(a) its work program as approved under section 151; or
(b) its conditions about expenditure or work that, under section 155, are taken to be a later work program for the authority; or
(c) its later work program approved under part 4, division 2, as amended from time to time under that division.
Editor's note—
See also sections 25D (Authority taken to have work program until decision on whether to approve proposed work program), 25N (Continuing effect of authority for renewal application) and 155 (Conditions of an authority to prospect about expenditure or work becomes its work program).