Petroleum Act 1923
Petroleum Regulation 2004
Chapter 1
Preliminary
1
Short title
This regulation may be cited as the
Petroleum Regulation 2004
.
2
Commencement
This regulation commences on 31 December 2004.
3
Dictionary [P&G, s 3]
The dictionary in schedule 4 defines particular words used in this regulation.
4
References to Petroleum and Gas (Production and Safety) Regulation 2004
(1)
The information included in square brackets after a section heading is a reference to the comparable section of the
Petroleum and Gas (Production and Safety) Regulation 2004
.
(2)
The brackets and information do not form part of this regulation.
Chapter 2
Exploring for and producing petroleum
Part 1
Reporting
Division 1
Content of reports and notices required under the Act
Subdivision 1
Preliminary
5
Definitions for div 1 [P&G, s 12]
In this division—
general area information, for a relinquishment report for a 1923 Act petroleum tenure, means each of the following—
(a)
a location map showing—
(i)
the area of the 1923 Act petroleum tenure immediately before the relinquishment (the previous tenure area); and
(ii)
the relinquished part of the area of the tenure (the relinquished area);
(b)
a map showing the location in the relinquished area of—
(i)
each well and bore drilled under the tenure; and
(ii)
each seismic line used for a seismic survey carried out under the tenure;
(c)
a structure contour map showing the seismic horizons (seismic reflectors) in the relinquished area;
(d)
a map showing the leads and prospects in the relinquished area;
(e)
a general description of the topographical features of the previous tenure area and the relinquished area, including, for example, access to the areas.
hazard information, for a relinquishment report or surrender report for a 1923 Act petroleum tenure, means each of the following—
(a)
a summary of all significant hazards to future safe and optimal mining of coal created under the tenure that, under section 690
(1)
(g) or 706 of the 2004 Act or under this regulation or the
Petroleum and Gas (Production and Safety) Regulation 2004
, are required to be reported;
(b)
for each hazard mentioned in the summary under paragraph (a)—a reference to the report that contains details of the hazard;
(c)
for any other hazard, or potential hazard, created under the tenure to future safe and optimal mining of coal or oil shale in the area of the tenure—
(i)
the nature of the hazard or potential hazard; and
(ii)
the way in which the hazard or potential hazard was created; and
(iii)
the location of the hazard or potential hazard; and
(iv)
measures taken to prevent or reduce the hazard or potential hazard to mitigate its effects.
def hazard information amd 2016 SL No. 169 s 109 sch 4
tenure information, for a relinquishment report for a 1923 Act petroleum tenure, means each of the following—
(a)
the day the tenure was granted;
(b)
the day the relinquishment takes effect;
(c)
the period of the work program or development plan, as applicable, for the tenure;
(d)
the blocks or sub-blocks comprising the relinquished part of the area of the tenure.
s 5
amd 2009 SL No. 186
s 25
Subdivision 2
Proposed work programs and later development plans
6
Authority to prospect—proposed work program [P&G, s 13]
For section 25A
(1)
(i) of the Act, the matters are each of the following—
(a)
a description of the geological model for the area of the authority;
(b)
an assessment of the potential for petroleum discovery in the area;
(c)
the rationale, in relation to the geological model for the area, for the activities proposed to be carried out under the authority.
7
Lease—proposed later development plan [P&G, s 14]
(1)
For section 53A
(1)
(g) of the Act, the matters are—
(a)
for each natural underground reservoir within the area of the lease or proposed lease the applicant is aware of—the area limit of the reservoir; and
(b)
details, including the location, type and size, of any planned infrastructure intended to be located within the area of the lease or proposed lease.
Examples of infrastructure—
1
plant or works, including, for example, communication systems, compressors, powerlines, pumping stations, reservoirs, roads, evaporation or storage ponds and tanks
2
temporary structures or structures of an industrial or technical nature, including, for example, mobile and temporary camps
(2)
In this section—
area limit of a natural underground reservoir means the location of the boundaries of—
(a)
the proved and probable reserves of petroleum in the reservoir; or
(b)
the reserves of petroleum in the reservoir determined in another way that is acceptable to the chief executive.
Example—
reserves of petroleum worked out under a code other than the SPE code
Subdivision 3
Drilling, or converting well to, bore
sdiv hdg sub 2013 SL No. 235
s 4
8
Notice of conversion [P&G, s 19]
For section 75M of the Act, the information is each of the following—
(a)
a description of the location of the bore;
(b)
the date on which the well was converted to a bore.
s 8
amd 2013 SL No. 235
s 5
8A
Prescribed information for notice about bore to Water Act regulator [P&G, s 19A]
(1)
For section 75XA
(2) of the Act, the information prescribed about a bore is the information required to complete the drill log form for the bore.
(2)
In this section—
drill log form means the form of that name published by the department.
Editor’s note—
At the commencement of this section, the drill log form was published on the department’s website at <http://mines.industry.qld.gov.au>.
s 8A
ins 2013 SL No. 235
s 6
Subdivision 4
Relinquishment
9
Relinquishment report for an authority to prospect [P&G, s 20]
(1)
This section prescribes, for section 75Z
(b) of the Act, other information that must be contained in a relinquishment report for an authority to prospect.
(2)
The information is each of the following—
(a)
the tenure information for the report;
(b)
the general area information for the report;
(c)
the geological model of the relinquished part of the area of the authority (the relinquished area) and an assessment of the potential for petroleum discovery in the area;
(d)
a summary of the results of all authorised activities for the authority carried out in the relinquished area since the authority took effect and the conclusions drawn by the holder based on the results;
(e)
an index of all reports lodged, as required under the Act, in relation to the authorised activities carried out in the relinquished area;
(f)
the hazard information for the report;
(g)
the volume of petroleum or water produced from each well or bore in the relinquished area for each year since the authority took effect;
(h)
if a well in the relinquished area has produced petroleum from a coal seam since the authority took effect—all data or other information held by the holder that, in the holder’s reasonable opinion, may help a person to identify in the future any remaining areas of potential free gas that may have been created by removing water from the seam and producing gas from it;
(i)
the reason the holder has relinquished the area.
s 9
amd 2012 SL No. 226
s 15
10
Relinquishment report for a lease [P&G, s 21]
(1)
This section prescribes, for section 75Z
(b) of the Act, other information that must be contained in a relinquishment report for a lease.
(2)
The information is each of the following—
(a)
the tenure information for the report;
(b)
the general area information for the report;
(c)
the volume of petroleum produced under the lease from wells in the relinquished part of the area of the lease (the relinquished area) since the lease took effect;
(d)
the geological model of the natural underground reservoirs in the relinquished area;
(e)
the extraction methods used to produce petroleum in the relinquished area under the lease;
(f)
the volume of petroleum or water produced under the lease from each well or bore in the relinquished area for each year since the lease took effect;
(g)
a summary of the results of all authorised activities for the lease carried out in the relinquished area since the lease took effect and the conclusions drawn by the holder based on the results;
(h)
an index of all reports lodged, as required under the Act, in relation to the authorised activities carried out in the relinquished area;
(i)
the hazard information for the report;
(j)
if a well in the relinquished area has produced petroleum from a coal seam since the lease took effect—all data or other information held by the holder that, in the holder’s reasonable opinion, may help a person to identify in the future any remaining areas of potential free gas that may have been created by removing water from the seam and producing gas from it;
(k)
the reason the holder has relinquished the area.
s 10
amd 2012 SL No. 226
s 16
Subdivision 5
End of tenure
11
End of tenure report [P&G, s 22]
(1)
This section prescribes, for section 76
(b) of the Act, other information that must be stated in an end of tenure report.
(2)
The information is any information mentioned in section 9 or 10 or, for an end of tenure report for an authority to prospect, section 14, that is not mentioned in section 76
(1)
(a) of the Act.
(3)
For subsection (2), a reference in section 9 or 10 to the relinquished area, and a reference in section 14 to the surrendered area, is taken to be a reference to the area of the tenure immediately before it ended.
(4)
Subsection (2) does not apply to the extent the information mentioned in section 9, 10 or 14 has already been included in a relinquishment report or surrender report lodged for the tenure.
s 11
amd 2012 SL No. 226
s 17
12
Annual report for an authority to prospect [P&G, s 23]
s 12
om 2008 SL No. 59
s 22
13
Annual report for a lease [P&G, s 24]
s 13
om 2008 SL No. 59
s 22
Subdivision 6
Surrenders
sdiv hdg prev sdiv 6 hdg om 2008 SL No. 59
s 22
pres sdiv 6 hdg (prev sdiv 7 hdg) renum 2008 SL No. 59
s 23
14
Surrender report for an authority to prospect [P&G, s 28]
(1)
This section prescribes information that must be included in a report required under section 21
(4)
(b)
(ii) of the Act to accompany a surrender application in relation to part of the area of an authority to prospect.
(2)
The report must contain each of the following—
(a)
the tenure information;
(b)
the general area information;
(c)
the geological model of the surrendered part of the area of the authority (the surrendered area) and an assessment of the potential for petroleum discovery in the area;
(d)
a summary of the results of all authorised activities for the authority carried out in the surrendered area since the authority took effect and the conclusions drawn by the holder based on the results;
(e)
an index of all reports lodged, as required under the Act, in relation to the authorised activities carried out in the surrendered area;
(f)
the hazard information for the report;
(g)
information about the volume and location of all petroleum and water produced under the authority from natural underground reservoirs in the surrendered area since the authority took effect;
(h)
if a well in the surrendered area has produced petroleum from a coal seam since the authority took effect—all data or other information held by the holder that, in the holder’s reasonable opinion, may help a person to identify in the future any remaining areas of potential free gas that may have been created by removing water from the seam and producing gas from it;
(i)
the reason the holder has applied to surrender the part of the area of the authority.
(3)
In this section—
general area information means each of the following—
(a)
a location map showing—
(i)
the area of the authority to prospect immediately before the surrender (the previous tenure area); and
(ii)
the surrendered area;
(b)
a map showing the location in the surrendered area of—
(i)
each well and bore drilled under the authority; and
(ii)
each seismic line used for a seismic survey carried out under the authority;
(c)
a structure contour map showing the seismic horizons (seismic reflectors) in the surrendered area;
(d)
a map showing the leads and prospects in the surrendered area;
(e)
a general description of the topographical features of the previous tenure area and the surrendered area, including, for example, access to the areas.
tenure information means each of the following—
(a)
the last day of the current term of the authority;
(b)
the period of the work program for the authority;
(c)
the blocks or sub-blocks comprising the surrendered area.
s 14
amd 2012 SL No. 226
s 18
Division 2
Other notices and reports
Subdivision 1
Preliminary
15
Purpose of div 2 [P&G, s 30]
The division prescribes, for section 76G
(1) of the Act, notices and reports required to be kept or lodged by the holder of a 1923 Act petroleum tenure.
s 15
amd 2015 SL No. 51
s 7
Subdivision 2
Notices
15A
Owners and occupiers to be given copy of notices required to be lodged under this subdivision [P&G, s 30A]
(1)
This section applies if the holder of a 1923 Act petroleum tenure is required to lodge a notice under this subdivision.
(2)
The holder must give a copy of the notice to each owner and each occupier of the land on which the authorised activities to which the notice relates have been or are to be carried out—
(a)
for a notice of intention to drill a well or bore under section 16—at least 10 business days before the start of drilling; or
(b)
for a notice of completion, alteration or abandonment of a well or bore under section 17—within 10 business days after an event mentioned in section 17
(1) happens; or
(c)
for a notice of intention to carry out a seismic survey or scientific or technical survey under section 18—at least 10 business days before the survey starts; or
(d)
for a notice of completion of a seismic survey or scientific or technical survey under section 19—within 10 business days after the completion day for the survey; or
(e)
for a notice of intention to carry out hydraulic fracturing activities under section 20—at least 10 business days before starting the hydraulic fracturing activities; or
(f)
for a notice of completion of hydraulic fracturing activities under section 20A—within 10 business days after finishing the hydraulic fracturing activities.
(3)
The requirement under subsection (2) to give a copy of the notice—
(a)
to each owner of the land, does not apply if the holder is the owner or an owner of the land; or
(b)
to each occupier of the land, does not apply if the holder is the occupier or an occupier of the land.
s 15A
ins 2011 SL No. 35
s 3
16
Notice of intention to drill a well or bore [P&G, s 31]
(1)
A 1923 Act petroleum tenure holder must, at least 10 business days before starting to drill a well or bore, lodge a notice stating that the well or bore is to be drilled.
(2)
The notice must—
(a)
be lodged electronically using the system for submission of notices made or approved by the chief executive and available on the department’s website; and
(b)
be in the digital form made or approved by the chief executive; and
(c)
for a notice about a well—state a proposed identifying name for the well.
(3)
A proposed identifying name for a well stated in the notice must not be the same, or substantially the same, as an identifying name for another well recorded in the register.
s 16
amd 2010 SL No. 142
s 10; 2011 SL No. 35
s 4; 2016 SL No. 169 s 109 sch 4
17
Notice of completion, alteration or abandonment of well or bore [P&G, s 32]
(1)
This section applies if—
(a)
drilling of a well or bore is completed; or
(b)
the completion configuration of a well changes; or
(c)
a well or bore is abandoned.
(2)
For subsection (1)—
(a)
drilling of a well or bore is completed if—
(i)
the drilling rig last used to drill the well or bore is moved so it is no longer above the well or bore; and
(ii)
the 1923 Act petroleum tenure holder under which the well or bore was drilled intends no further drilling of the well or bore to occur; and
(b)
the completion configuration of a well changes if, after drilling of the well is completed—
(i)
additional casing is installed in the well; or
(ii)
any part of the well is plugged, other than for decommissioning the well; or
(iii)
an interval in the well is altered in any other way.
(3)
The holder of the 1923 Act petroleum tenure under which the well or bore was drilled must, within 10 business days after the event mentioned in subsection (1) happens, lodge a notice stating that the event has happened.
(4)
The notice must—
(a)
be lodged electronically using the system for submission of notices made or approved by the chief executive and available on the department’s website; and
(b)
be in the digital form made or approved by the chief executive.
s 17
amd 2010 SL No. 142
s 11
18
Notice of intention to carry out seismic survey or scientific or technical survey [P&G, s 33]
(1)
This section applies if a seismic survey or a scientific or technical survey is to be carried out within the area of a 1923 Act petroleum tenure.
(2)
The tenure holder must, at least 10 business days before the survey starts, lodge a notice stating each of the following—
(a)
an identifying name for the survey;
(b)
the type of survey to be carried out;
Examples—
seismic, geophysical, geochemical, geotechnical
(c)
a description of the area to be surveyed;
(d)
the day surveying will start;
(e)
the expected duration of the surveying.
(3)
The notice must—
(a)
be in the approved form; and
(b)
be accompanied by a map showing the location of the area to be surveyed.
(4)
The identifying name for the survey stated in the notice must not be the same, or substantially the same, as an identifying name recorded in the register for another survey.
s 18 amd 2016 SL No. 169 s 109 sch 4
19
Notice of completion of seismic survey or scientific or technical survey [P&G, s 34]
(1)
This section applies if a seismic survey or a scientific or technical survey carried out within the area of a 1923 Act petroleum tenure is completed.
(2)
For subsection (1), a survey is completed as soon as all of the raw data for the survey has been recorded or recovered.
(3)
The tenure holder must, within 10 business days after the completion day for the survey, lodge a notice stating that the survey has been completed.
(4)
The notice must be in the approved form.
20
Notice of intention to carry out hydraulic fracturing activities [P&G, s 35]
(1)
This section applies if the holder of a 1923 Act petroleum tenure is to carry out hydraulic fracturing activities in the prescribed area for the tenure.
(2)
The holder must, at least 10 business days before starting hydraulic fracturing activities in the prescribed area for the tenure, lodge a notice stating the hydraulic fracturing activities are to start.
(3)
The notice must—
(a)
be lodged electronically using the system for submission of notices made or approved by the chief executive and available on the department’s website; and
(b)
be in the digital form made or approved by the chief executive.
s 20
prev s 20 om 2010 SL No. 142
s 12
pres s 20 ins 2011 SL No. 35
s 5
20A
Notice of completion of hydraulic fracturing activities [P&G, s 35A]
(1)
This section applies if the holder of a 1923 Act petroleum tenure has finished hydraulic fracturing activities in the prescribed area for the tenure after the commencement of this section.
(2)
The holder must, within 10 business days after finishing the hydraulic fracturing activities, lodge a notice in the approved form about the completion of the hydraulic fracturing activities.
(3)
Without limiting subsection (2), the approved form must provide for the holder to state—
(a)
the commencement and completion dates of the hydraulic fracturing activities; and
(b)
the operator of the drilling project involving the hydraulic fracturing activities; and
(c)
the contractor who carried out the hydraulic fracturing activities on behalf of the operator of the drilling project; and
(d)
details of the composition of the hydraulic fracturing fluid pumped into the well used for the hydraulic fracturing activities.
(4)
The notice must—
(a)
be lodged electronically using the system for submission of notices made or approved by the chief executive and available on the department’s website; and
(b)
be in the digital form made or approved by the chief executive.
s 20A
ins 2011 SL No. 35
s 5
Subdivision 3
Well and bore reports
sdiv hdg sub 2013 SL No. 235
s 7
21
Daily drilling report [P&G, s 36]
(1)
A 1923 Act petroleum tenure holder must keep a daily drilling report for each day on which drilling of a well is carried out under the tenure.
(2)
A copy of each daily drilling report for the drilling of a well must be lodged with the well or bore completion report that is lodged for the well under section 22.
(3)
Also, a copy of a daily drilling report must be lodged if the chief executive asks for the report to be lodged.
(4)
A daily drilling report for a well must contain each of the following in relation to the drilling carried out on the day to which the report relates—
(a)
the identifying name of the well;
(b)
the tenure holder’s name and the tenure under which the well was drilled;
(c)
the type of drilling rig used;
(d)
a summary of the drilling operations carried out;
(e)
the depth in metres of the well at the end of the day’s drilling;
(f)
the size and type of drill bit used;
(g)
the drilling fluids and additives used;
(h)
the size and depth in metres of any casing inserted in the well;
(i)
the depth in metres of the top and bottom of each cemented interval in the well;
(j)
the results of any deviation surveys carried out in the well;
(k)
a description of any drill stem tests or other tests carried out in the well;
(l)
the depth in metres of the top and bottom of the hydrocarbon show intervals in the well and the type and description of any surface observations of each interval;
(m)
the type of any perforations in the well and the depth in metres of the top and bottom of the perforated intervals;
(n)
details of any stimulation carried out;
(o)
details of any squeeze cementing or cement plugging carried out;
(p)
a description of any cores or cutting samples taken.
(5)
In this section—
deviation survey means a survey of the path of a well that measures its direction in 3 dimensions.
s 21
amd 2015 SL No. 51
s 8
22
Well or bore completion report [P&G, s 37]
(1)
A 1923 Act petroleum tenure holder must lodge a well or bore completion report for a well or bore drilled under the tenure.
(2)
The report must be given not later than 6 months after the rig release day for the well or bore.
(3)
The report must contain each of the following—
(a)
the type and number of the tenure;
(b)
the name, and postal address, of the operator of the well or bore;
(c)
the identifying name of the well or bore;
(d)
a well or bore card for the well or bore (a summary of the information about the well or bore in the report);
(e)
a map showing the location of the well or bore;
(f)
a geological summary of the area of the tenure;
(g)
the ground level and kelly bushing level in metres for the well or bore;
(h)
the total depth in metres of the well or bore;
(i)
the following days—
(i)
the day the drilling of the well or bore started;
(ii)
the day the total depth of the well or bore was reached;
(iii)
the rig release day for the well or bore;
(j)
details of the drilling rig, the number and type of drill bits, and the drilling fluids, used to drill the well or bore;
(k)
the status of the well or bore on the rig release day;
(l)
the surveyed path of the well or bore;
(m)
details of the casing and equipment installed in the well or bore, with a diagram showing their location in the well or bore;
(n)
the type of any perforations, and the depth in metres of the top and bottom of the perforated intervals;
(o)
details of the cementing in the well or bore, including its location, the type of cement used and the depth in metres of the top and bottom of each cemented interval;
(p)
a description of all tests or surveys carried out for the purpose of drilling the well or bore;
(q)
a geological interpretation of the well or bore, including the stratigraphy of the rock units it intersects;
(r)
an identification of the intervals in the well that have the potential to produce petroleum;
(s)
an assessment of—
(i)
the relevance of the well to the hydrocarbon potential within the vicinity of the well; and
(ii)
the implications of the well for the future management of the natural underground reservoir to which the well relates;
(t)
a description of each geological sample taken during the drilling of the well or bore, including the depth in metres at which the sample was taken;
Examples of geological samples—
cuttings, sidewall cores and conventional cores
(u)
an interpretation of the data obtained from the geophysical (or wireline) logs that have been run in the well or bore;
(v)
the tenure holder’s reasons for choosing the location of the well or bore.
(4)
For a directional well, the report must also state the position of each of the following—
(a)
the stratigraphic units intersected by the well;
(b)
the bottom of the well;
(c)
any intersection of the well with another well.
(5)
For subsection (4), the position must be expressed in relation to—
(a)
total vertical depth in metres; and
(b)
the horizontal plane.
(6)
The report must be accompanied by each of the following—
(a)
a digital image of the cores taken during the drilling of the well or bore;
(b)
the raw data, in digital form, of each geophysical (or wireline) log that has been run in the well or bore;
(c)
a digital image of the graphic representations of the raw data mentioned in paragraph (b).
(7)
If the well or bore is plugged and abandoned on or before the rig release day for the well or bore, the report must also contain the information mentioned in section 23
(2).
s 22
amd 2010 SL No. 142
s 13; 2013 SL No. 235
s 8; 2015 SL No. 51
s 9
23
Well or bore abandonment report [P&G, s 38]
(1)
If a well or bore is plugged and abandoned after the rig release day for the well or bore, the 1923 Act petroleum tenure holder must, within 2 months after the completion day, lodge a well or bore abandonment report for the well or bore.
(2)
The report must contain each of the following—
(a)
on the first page, each of the following details—
(i)
the type and number of the petroleum tenure;
(ii)
the identifying name of the well or bore;
(iii)
the name of the author of the report;
(iv)
the name of the tenure holder;
(v)
the name of the operator of the well or bore;
(vi)
the name of the person submitting the report;
(vii)
the date of the report, in day-month-year format;
(b)
a summary and history of the well or bore, including a location map and the date on which a well or bore completion report for the well or bore was lodged;
(c)
the following details about the well or bore—
(i)
its total depth in metres;
(ii)
the position at the top and bottom, expressed as required under subsection (3), and the thickness, of any of the following intersected by the well or bore—
(A)
a coal seam;
(B)
a natural underground reservoir;
(C)
an aquifer;
(iii)
the depth in metres of any perforations in the casing of the well or bore;
(iv)
the type of drilling rig used to drill the well or bore;
(d)
if stimulation of a coal seam was carried out in the well or bore under the tenure, the matters stated in subsection (4);
(e)
all surveys and measurements made in the well or bore, including any detailed interpretation of a survey or measurement;
(f)
in relation to the completion or abandonment of the well or bore, each of the following—
(i)
details of the casing and equipment installed in the well or bore, with diagrams showing the major dimensions and features of the casing and equipment;
(ii)
a full description of all equipment, including prescribed equipment, that is retained in the well or bore, including the size and nature of the equipment and any features of the equipment that may cause a hazard to coal mining operations;
Example of features that may cause a hazard to coal mining operations—
aluminium, electronics or batteries
(iii)
the surveyed location of any prescribed equipment;
(iv)
the method of the cementing operations carried out in or on the well or bore, including the location and type of plugs, the intervals covered, the volume and type of cement used, any losses of cement due to voids or permeable strata, and the methods used to overcome losses of cement;
(v)
the method, materials and volume of cement used to cement voids;
(vi)
a description of any other abandonment procedures used for the well or bore;
(vii)
any other details of the activities undertaken in drilling, completing and plugging and abandoning the well or bore, including an assessment of their possible impacts, that would assist a person in making an assessment of potential risks to safe and optimal mining of coal.
(3)
For subsection (2)
(c)
(ii), the position at the top and bottom of the coal seam, natural underground reservoir or aquifer must be identified in relation to—
(a)
for a directional well—
(i)
total vertical depth in metres; and
(ii)
the horizontal plane; or
(b)
otherwise—the depth in metres.
(4)
For subsection (2)
(d), the matters are each of the following—
(a)
the depth in metres of the top and bottom of the interval over which the stimulation was carried out;
(b)
a description of the equipment used to carry out the stimulation;
(c)
for the interval mentioned in paragraph (a), a graphic representation of each of the following—
(i)
casing pressure with time;
(ii)
calculated bottom hole pressure with time;
(iii)
slurry rate with time;
(iv)
proppant concentration with time;
(v)
calculated bottom hole concentration with time;
(d)
any record made about the stimulation by the person who carried it out;
(e)
any other details about the stimulation that would assist a person in making a future assessment of the impact of the stimulation on the coal seam and any increased risk to safe and optimal mining of coal.
(5)
In this section—
completion day means the day on which plugging and abandoning of the well or bore is completed as required to comply with the requirements under schedule 1.
prescribed equipment see the
Petroleum and Gas (Production and Safety) Regulation 2004
, section 69.
s 23
amd 2013 SL No. 235
s 9; 2015 SL No. 51
s 10; 2016 SL No. 169 s 109 sch 4
Subdivision 4
Survey reports
24
Seismic survey report [P&G, s 39]
(1)
This section applies if the holder of a 1923 Act petroleum tenure—
(a)
carries out a seismic survey of the area of the tenure; or
(b)
reprocesses raw data obtained from a survey mentioned in paragraph (a).
(2)
The tenure holder must, not later than 12 months after the completion day for the survey, lodge a seismic survey report for the survey.
(3)
The report must contain each of the following—
(a)
a description of the location of the area surveyed;
(b)
a geological summary of the area surveyed;
(c)
an index of previous seismic surveys carried out under the tenure within the area and a summary of the results of the surveys;
(d)
the objectives of the survey;
(e)
the activities carried out for the survey, including, for example, details of the seismic lines used and the days on which the activities were carried out;
(f)
a description of each method used to acquire raw data, including—
(i)
the equipment used for positioning, surveying, navigation or other purposes; and
(ii)
the techniques and equipment used for recording and testing the data;
(g)
a description of how the raw data was processed or, for a survey mentioned in subsection (1)
(b), reprocessed;
(h)
an evaluation of the processed or reprocessed data, including an interpretation of the seismic horizons (seismic reflectors) and any leads or prospects identified from the data;
(i)
a map showing the location of the seismic lines used for the survey;
(j)
if the report is not accompanied by grid files for the area surveyed in digital form—
(i)
structure contour maps of seismic horizons (seismic reflectors) in the area surveyed; and
(ii)
maps of the area showing variations in the thickness of stratigraphic units (isopach maps).
(4)
The report must be accompanied by—
(a)
each of the following in digital form—
(i)
the raw data obtained in relation to the survey and the record made as the data was recorded (commonly known as the ‘observer’s logs’);
(ii)
a list of the seismic lines used and the range of the numbered stations on each line;
(iii)
the surveyed location, including the elevation, of each seismic source and receiver point;
(iv)
the processed or reprocessed data derived from each seismic line used for the survey;
(v)
a graphical representation of the data mentioned in subparagraph (iv); and
(b)
if an activity for the survey was carried out by a contractor of the tenure holder, a copy of any report given to the holder by the contractor in relation to the activity.
(5)
In this section—
grid file, for an area, means a representation, on a close-spaced, regular grid, of an interpretation of time and depth to seismic horizons (seismic reflectors).
25
Scientific or technical survey report [P&G, s 40]
(1)
This section applies if the holder of a 1923 Act petroleum tenure—
(a)
carries out a scientific or technical survey of the area of the tenure; or
(b)
reprocesses raw data obtained from a survey mentioned in paragraph (a).
(2)
The tenure holder must, not later than 6 months after the completion day for the survey, lodge a scientific or technical survey report for the survey.
(3)
The report must contain each of the following—
(a)
a description of the location of the area surveyed;
(b)
a geological summary of the area surveyed;
(c)
the type of survey carried out;
(d)
an index of previous scientific or technical surveys, of the same type as the survey for which the report is given, carried out under the tenure within the area;
(e)
the objectives of the survey;
(f)
the activities carried out for the survey, including, for example, the days on which the activities were carried out;
(g)
the methods and equipment used for acquiring and processing, or reprocessing, data;
(h)
an interpretation of the processed or reprocessed data derived from the survey;
(i)
a map showing the location of—
(i)
the area surveyed; and
(ii)
where any measurements were made or samples were taken in connection with the survey.
(4)
The report must be accompanied by each of the following in digital form—
(a)
the raw data obtained in relation to the survey;
(b)
the processed or reprocessed data derived from the survey.
Subdivision 5
Petroleum reports
26
Definition for sdiv 5 [P&G, s 41]
In this subdivision—
6 month period, for a 1923 Act petroleum tenure, means a following period in a year during which, for all or part of the period, the tenure is in effect—
(a)
1 January to 30 June;
(b)
1 July to 31 December.
27
How particular volumes must be stated in reports [P&G, s 42]
If this subdivision requires a volume of water or a petroleum product to be stated in a report, the volume must be stated as—
(a)
megalitres, for any of the following—
(i)
water;
(ii)
LPG;
(iii)
condensate;
(iv)
crude oil; or
(b)
millions of cubic metres for gas, including coal seam gas.
28
Petroleum production report—lease [P&G, s 43]
(1)
The holder of a lease must, within 40 business days after the last day of a 6 month period for the lease, lodge a petroleum production report for the period.
(2)
The report must contain each of the following in a form acceptable to the chief executive—
(a)
the number of the lease;
(b)
an identification of each natural underground reservoir and the reservoir formation (or geological unit) from which petroleum was produced under the lease during the period;
(c)
each of the following for the 6 month period—
(i)
the volume of each petroleum product derived from petroleum produced from each natural underground reservoir within the area of the lease;
(ii)
the volume of petroleum produced under the lease that was flared or vented in a gaseous state;
(iii)
the volume of petroleum produced under the lease that was used to produce petroleum;
(iv)
the volume, or an estimate of the volume, of associated water taken under the lease from each natural underground reservoir;
(d)
the volumes mentioned in paragraph (c)(i) to (iii) for the period starting on the day petroleum was first produced under the lease and ending on the last day of the 6 month period;
(e)
the volume or estimate mentioned in paragraph (c)(iv) for the period starting on the day associated water was first taken under the lease and ending on the last day of the 6 month period;
(f)
for each natural underground reservoir from which petroleum was produced under the lease—the number of wells producing petroleum under the lease from the reservoir;
(g)
for each well drilled for the purpose of producing coal seam gas within the area of the lease, each of the following for associated water taken from the well under the lease during the 6 month period—
(i)
the volume, or an estimate of the volume, of water taken;
(ii)
the pH of the water on each day during the period on which it was measured;
(iii)
the measurements taken of total dissolved solids (mg/l) in, and the electrical conductivity of, the water during the period.
29
Petroleum reserves report [P&G, s 44]
(1)
This section applies if there are proved and probable reserves of petroleum within the area of a 1923 Act petroleum tenure.
(2)
The holder must, within 40 business days after the last day of a 6 month period for the tenure, lodge a petroleum reserves report for the period.
(3)
The report must contain each of the following in a form acceptable to the chief executive—
(a)
the type and number of the 1923 Act petroleum tenure;
(b)
an identification of each natural underground reservoir in which there were proved and probable reserves of petroleum during the period;
(c)
the volume of the proved and probable reserves of petroleum in each natural underground reservoir within the area of the tenure worked out on the first day and last day of the period.
30
Production testing report [P&G, s 45]
(1)
This section applies if production testing for a well is carried out under a 1923 Act petroleum tenure.
(2)
The holder must, within 40 business days after the last day of a relevant testing period, lodge a production testing report for the period.
(3)
The report must contain each of the following in a form acceptable to the chief executive—
(a)
the type and number of the tenure;
(b)
the identifying name of the well;
(c)
an identification of each natural underground reservoir and the reservoir formation (or geological unit) from which petroleum was produced as part of the production testing;
(d)
the duration of the production testing carried out during the period;
(e)
the type of any perforations in the well and the depth in metres of the top and bottom of the perforated intervals;
(f)
the volumes, or estimates of the volumes, of gas, oil and water produced from the testing during the period;
(g)
the choke size used for the well;
(h)
the density of any oil produced from the testing during the period, measured using the American Petroleum Institute’s scale of measuring the specific gravity of oil, commonly known as the ‘API gravity’ of the oil;
(i)
the pressure in the well, measured during the period, at which petroleum can not escape from the wellhead for the well, commonly known as the ‘shut-in pressure’ of the well;
(j)
if petroleum has been produced as a result of the testing—
(i)
details of how the petroleum has been used; and
(ii)
the volume, or estimate of the volume, of the petroleum that has been used other than by flaring or venting.
(4)
In this section—
end date, for production testing for a well, means—
(a)
if the well intersects a natural underground reservoir containing coal seam gas, shale gas, tight gas or basin-centred gas and the testing relates to petroleum produced from the reservoir—the day that is 13 months after the testing first starts; or
(b)
otherwise—the day that is 6 months after the testing first starts.
relevant testing period means—
(a)
the period starting on the day production testing for the well first starts and ending on the earlier of—
(i)
the end date; or
(ii)
the day the testing ends; or
(b)
if the production testing is carried out after the end date with the Minister’s approval—the period starting on the day after the end date and ending on the day the testing ends.
s 30 amd 2016 SL No. 169 s 98
Subdivision 6
Hydraulic fracturing activities completion report
sdiv hdg ins 2011 SL No. 35
s 6
30A
Hydraulic fracturing activities completion report [P&G, s 46A]
(1)
This section applies if the holder of a 1923 Act petroleum tenure has finished hydraulic fracturing activities in the prescribed area for the tenure after the commencement of this section.
(2)
The holder must, within 2 months after finishing the hydraulic fracturing activities, lodge a report (a hydraulic fracturing activities completion report) that complies with subsection (3).
(3)
The report must contain each of the following—
(a)
the type and number of the tenure;
(b)
the name and postal address of the contractor who carried out the hydraulic fracturing activities on behalf of the operator of the drilling project;
(c)
the identifying name of each treatment well or observation well for which the hydraulic fracturing activities were carried out;
(d)
the day the hydraulic fracturing activities for each well started;
(e)
the day the hydraulic fracturing activities for each well finished;
(f)
an identification of each method of hydraulic fracturing activities carried out;
(g)
the depth in metres of the top and bottom of—
(i)
each stage over which the hydraulic fracturing activities were carried out; and
(ii)
each geological interval over which hydraulic fracturing activities were carried out and the name of each geological interval;
(h)
a summary of the operations performed at each stage in carrying out the hydraulic fracturing activities, including the volume and type of chemical used at each stage;
(i)
an assessment of the implications of the hydraulic fracturing activities for each well for the future management of the natural underground reservoir involved, including for each stage of the hydraulic fracturing activities, over the geological interval, a graphic representation of the following—
(i)
casing pressure with time;
(ii)
calculated bottom hole pressure with time;
(iii)
calculated bottom hole concentration with time;
(iv)
the rate at which the hydraulic fracturing fluid is pumped into the well used for the hydraulic fracturing activities with time;
(v)
the concentration of proppant in the hydraulic fracturing fluid with time;
(vi)
maximum surface treatment pressure reached during each stage of the hydraulic fracturing activities;
(vii)
the estimated targeted fracture pressure over the geological interval during each stage of the hydraulic fracturing activities;
(j)
details of—
(i)
the equipment used to carry out and monitor the hydraulic fracturing activities; and
(ii)
the diagnostic techniques used to monitor the hydraulic fracturing activities;
(k)
if known, details of—
(i)
any geological connection between a geological interval over which hydraulic fracturing activities were carried out and an aquifer; and
Example—
In the Surat Basin, if a Walloon subgroup geological interval hydraulic fracture treatment stage breaks through to the Upper Springbok Formation, the holder must include details of this event.
(ii)
the distance separating a geological interval over which hydraulic fracturing activities were carried out from an aquifer;
(l)
details of the total volume of hydraulic fracturing fluid, in kilolitres, pumped into each well during each stage of the hydraulic fracturing activities;
(m)
if hydraulic fracturing activities were carried out on a coal seam—any other details about the hydraulic fracturing activities that would assist a person in making a future assessment of the impact of the hydraulic fracturing activities on the coal seam and any increased risk to safe and optimal mining of coal;
(n)
if a known event related to the hydraulic fracturing activities has caused material environmental harm, or serious environmental harm, within the meaning of the
Environmental Protection Act 1994
—details of each step taken to mitigate the harm.
(4)
The holder must ensure the report is accompanied by a statement (a hydraulic fracturing fluid statement) stating, for the hydraulic fracturing fluid used in carrying out the hydraulic fracturing activities, the composition of the hydraulic fracturing fluid, including—
(a)
the quantity of each component of the hydraulic fracturing fluid in kilograms, litres, or kilolitres, as appropriate; and
(b)
the concentration of each component in the hydraulic fracturing fluid; and
(c)
the name of any chemical compound contained in the hydraulic fracturing fluid.
Maximum penalty for subsection (4)—20 penalty units.
s 30A
ins 2011 SL No. 35
s 6
amd 2016 SL No. 169 s 109 sch 4
Division 3
Other matters relating to records and samples
31
Samples required to be kept [P&G, s 47]
(1)
For section 76A
(1) of the Act, the samples about the authorised activities carried out under a 1923 Act petroleum tenure that must be kept by the holder are the samples mentioned in sections 32 to 34.
(2)
A sample must be kept until the later of the following—
(a)
the end of the term of the 1923 Act petroleum tenure;
(b)
the sample, or part of the sample, is lodged as required under section 76B of the Act.
(3)
A sample must be kept in a way that prevents unnecessary deterioration or loss of the sample.
s 31
amd 2008 SL No. 59
s 21; 2015 SL No. 51
s 11
32
Cutting samples [P&G, s 48]
(1)
A 1923 Act petroleum tenure holder must, for each well made under the tenure, keep the cutting samples of the geological formations penetrated by the making of the well for each interval mentioned in subsection (3).
(2)
However, subsection (1) does not apply to a well made solely for coal seam gas exploration or production, unless, before the well was made, the chief executive gave the holder notice that the sample must be kept.
(3)
For subsection (1), the intervals are—
(a)
each 10m interval, or part of a 10m interval, from the surface to as close as practicable to the top of the geological formation nearest to the surface that is likely to contain a natural underground reservoir; and
(b)
each 3m interval, or part of a 3m interval, from as close as practicable to the top of the geological formation mentioned in paragraph (a) to the bottom of the well.
(4)
However, subsection (3)
(a) does not apply in relation to a development well.
(5)
The part of the sample that is lodged as required under section 76B
(1) of the Act must be—
(a)
250g or more, but not more than 500g; and
(b)
washed and dried; and
(c)
in a container that is suitable for long-term storage and handling and is labelled with each of the following—
(i)
the identifying name of the well from which the sample was taken;
(ii)
the depth in metres of the top and bottom of the interval from which the sample was taken.
(6)
In this section—
cutting sample means a sample of the cuttings produced by the making of the well.
s 32
amd 2015 SL No. 51
s 12
33
Cores [P&G, s 49]
(1)
A 1923 Act petroleum tenure holder must keep each core recovered from a well under the tenure.
(2)
However, subsection (1) does not apply in relation to a core from a well made solely for coal seam gas exploration or production if—
(a)
the holder gives the chief executive notice, in the approved form, offering to give the chief executive a sample of the core; and
(b)
the notice is received no later than 5 months after the day the core is recovered; and
(c)
the chief executive does not, within 20 business days after receiving the notice, give the holder notice that the holder must keep the sample under subsection (1).
(3)
The part of the core that is lodged as required under section 76B
(1) of the Act must—
(a)
be at least 50% of the core recovered; and
(b)
have as complete a vertical face as is practicable; and
(c)
be lodged in a box or other suitable container that is suitable for long-term storage and handling and is labelled with each of the following—
(i)
the identifying name of the well from which the core was recovered;
(ii)
if more than 1 core is recovered from the well—the number of the core;
(iii)
the depth in metres of the top and bottom of the interval cored;
(iv)
the length in metres of the core recovered.
s 33
amd 2015 SL No. 51
s 13
34
Fluid samples [P&G, s 50]
(1)
This section applies to the holder of a 1923 Act petroleum tenure if—
(a)
the holder recovers a sample (a fluid sample) of liquid petroleum from a well under the tenure; and
(b)
the sample is more than 10l; and
(c)
the chief executive gives the holder notice that the sample is required to be kept; and
(d)
the notice is given no later than 5 months after the day the sample is recovered.
(2)
The holder must lodge, as required under section 76B
(1) of the Act, 500ml or more of the fluid sample.
(3)
A fluid sample that is lodged as required under section 76B
(1) of the Act must be lodged in a glass bottle that is—
(a)
teflon sealed with a screw top; and
(b)
labelled with at least the following information—
(i)
the identifying name of the well;
(ii)
the depth in metres of the top and bottom of the interval from which the sample was recovered;
(iii)
the day on which the sample was recovered;
(iv)
the method by which the fluid sample was recovered.
Examples—
drill stem tests, production tests
s 34
amd 2015 SL No. 51
s 14
35
Confidentiality of required information for 1923 Act petroleum tenure holders [P&G, s 51]
(1)
This section prescribes, for section 76D
(1) of the Act, the confidentiality period for required information for a 1923 Act petroleum tenure.
(2)
The period starts on the day the information is lodged under the Act and ends on the following day—
(a)
for a daily drilling report required to be lodged under section 21 or a well or bore completion report—
(i)
for an appraisal well, exploration well or bore—the day that is 2 years after the day on which the report is required to be lodged; or
(ii)
for a development well—the day that is 5 years after the day on which the report is required to be lodged;
(b)
subject to subsection (3), for a well or bore abandonment report—
(i)
for an appraisal well, exploration well or bore—the day that is 2 years after the day on which the report is required to be lodged; or
(ii)
for a development well—the day that is 5 years after the day on which the report is required to be lodged;
(c)
for a seismic survey report required under section 24 to be lodged—the day that is 2 years after the day on which the report is required to be lodged;
(d)
for a scientific or technical survey report required under section 25 to be lodged—the day that is 2 years after the day on which the report is required to be lodged;
(e)
for a petroleum production report required under section 28 to be lodged for a lease—the day that is 6 months after the last day of the period to which the report relates;
(f)
for a petroleum reserves report required under section 29 to be lodged—the day that is 6 months after the last day of the period to which the report relates;
(g)
for a production testing report required under section 30 to be lodged—
(i)
for an authority to prospect—the day that is 2 years after the last day of the period to which the report relates; or
(ii)
for a lease—the day that is 5 years after the last day of the period to which the report relates;
(h)
for a cutting sample, core or fluid sample required under section 76B of the Act to be lodged—
(i)
for an appraisal well or an exploration well—the day that is 2 years after the day on which part of the sample or core is required to be lodged under section 76B of the Act; or
(ii)
for a development well—the day that is 5 years after the day on which part of the sample or core is required to be lodged under section 76B of the Act;
Note—
See also sections 32, 33 and 34.
(i)
for a hydraulic fracturing activities completion report required to be lodged under section 30A, including any accompanying hydraulic fracturing fluid statement—the day that is 5 years after the day on which the report is required to be lodged, or the day on which the report is lodged, whichever is the earlier.
(3)
There is no confidentiality period for making a well or bore abandonment report for a well available under section 76D
(1)
(b) of the Act to the holder of a coal or oil shale mining tenement if the well was drilled within the area of the tenement.
(4)
There is no confidentiality period for required information not mentioned in subsection (2).
s 35
amd 2010 SL No. 142
s 14; 2011 SL No. 35
s 7; 2013 SL No. 235
s 10
36
Publication of required information [P&G, s 52]
(1)
This section prescribes, for section 76D
(1)
(a) of the Act, the ways in which the chief executive may publish required information.
(2)
The ways are each of the following—
(a)
in a journal published by the department or under the Minister’s authority;
(b)
in another publication considered appropriate by the chief executive;
(c)
on the department’s website on the internet;
(d)
in a publicly available database;
(e)
on a map that is made available to the public for inspection or purchase;
(f)
in digital or electronic form, including, for example, on a disc or tape;
(g)
by displaying it on a notice that is available to the public for inspection at—
(i)
the department’s head office; and
(ii)
other places the chief executive considers appropriate;
(h)
by telling it to another person or presenting it to the person in a visual form.
Part 2
Other requirements
36A
Drilling, or converting well to, bore [P&G, s 59E]
(1)
The requirement mentioned in subsection (2) is prescribed for—
(a)
section 75K
(2) of the Act for drilling a bore; and
(b)
section 75K
(3) of the Act for drilling a water observation bore; and
(c)
section 75L
(1)
(b) of the Act for converting a well to a bore.
(2)
The drilling or conversion must be carried out in accordance with the construction and abandonment code.
(3)
In this section—
construction and abandonment code means the document called ‘Code of Practice for Constructing and Abandoning Coal Seam Gas Wells and Associated Bores in Queensland’, Edition 2.0, dated October 2013 and published on the department’s website.
s 36A
ins 2013 SL No. 235
s 11
37
Plugging and abandoning a well or bore [P&G, s 60]
(1)
For section 75U
(4)
(a) of the Act a well or bore must be plugged and abandoned in the way stated in schedule 1.
(2)
The safety requirements stated in the
Petroleum and Gas (Production and Safety) Regulation 2004
, sections 69 and 70 also apply for plugging and abandoning a well.
(3)
Subsections (1) and (2) apply subject to any exemption granted to the operator under the
Petroleum and Gas (Production and Safety) Regulation 2004
, chapter 3, part 4.
38
Requirement to plug shot holes [P&G, s 61]
(1)
The holder of a 1923 Act petroleum tenure must ensure that, if a hole is drilled within the area of the tenure for use as a shot hole—
(a)
as soon as practicable after the hole is no longer required for use as a shot hole—
(i)
the hole is plugged with solid material, including, for example, soil, rock or concrete; and
(ii)
any area around the hole that has been disturbed by the firing of an explosive is restored as far as is practicable to its original state; and
(b)
if the hole caves in or collapses after it is plugged as required under paragraph (a)—any subsequent damage caused by the hole caving in or collapsing is restored.
Maximum penalty—20 penalty units.
(2)
To the extent the requirement under subsection (1) is inconsistent with a relevant environmental condition for the tenure, the relevant environmental condition prevails.
Chapter 3
Miscellaneous
Part 1
Fees, rents and security
39
Fees generally [P&G, s 133]
(1)
The fees payable under the Act are stated in schedule 2.
(2)
If a fee payable is for a supply for which GST is payable, the fee is to be increased to take account of the GST.
40
Annual rent [P&G, s 145]
(1)
For section 46
(1) of the Act, the annual rent for a lease is $145.40 for each square kilometre of the area of the lease.
(2)
The annual rent for a lease, or a pro-rata amount of the annual rent if the period to which the rent relates is less than a year, must be paid on or before the following days—
(a)
on the grant of the lease—the 20th business day after the lease takes effect;
(b)
otherwise—31 August each year.
(3)
The annual rent must be paid by cash, cheque or electronic transfer of funds.
(4)
If the annual rent for a lease is paid for a year and the lease ends during the year, the proportion of the annual rent that relates to the remainder of the year may be refunded.
s 40
amd 2005 SL No. 263
s 13; 2006 SL No. 293
s 12; 2007 SL No. 273
s 11; 2008 SL No. 263
s 7; 2008 SL No. 366
s 11; 2009 SL No. 73
s 35; 2010 SL No. 116 ss 47, 56; 2011 SL No. 94
s 26; 2012 SL No. 105
s 39; 2013 SL No. 84
s 39; 2014 SL No. 78
s 38; 2015 SL No. 39
s 46; 2016 SL No. 59 s 46
41
Security for 1923 Act petroleum tenures [P&G, s 150]
(1)
For section 78E
(2)
(a) of the Act, the following forms of security are prescribed—
(a)
cash;
(b)
cheque;
(c)
electronic transfer of funds;
(d)
an unconditional security issued by a financial institution that—
(i)
is in favour of the ‘State of Queensland’ and is payable on demand; and
(ii)
has no expiry date; and
(iii)
states—
(A)
the type and number of the tenure or proposed tenure; and
(B)
the address of the financial institution; and
(iv)
is signed for the financial institution by an officer who has authority to sign the security;
(e)
a combination of the forms mentioned in paragraphs (a) to (d).
(2)
For section 78E
(2)
(b) of the Act, the following amounts are prescribed—
(a)
for an authority to prospect or proposed authority to prospect—$12,000;
(b)
for a lease or proposed lease—$35,000.
42
Prescribed interest rates [P&G, s 151]
For section 102
(2) of the Act, the rate of interest is 15% a year.
Part 2
Other provisions
43
Requirements for petroleum register [P&G, s 154]
s 43 om 2016 SL No. 169 s 109 sch 4
43A
Prescribed way for making applications, giving or lodging documents or making submissions
(1)
For section 124AA
(2)
(b) of the Act, the prescribed way for doing any of the following is electronically using the online system on the department’s website—
(a)
the making of an application;
(b)
the giving of a document to the Minister or the chief executive;
(c)
the lodging of a document;
(d)
the making of a submission.
(2)
Also, the chief executive may, by notice given to the person making or giving a document mentioned in subsection (1), require the person to lodge a hard copy of the application, document or submission at the place required under section 124AA
(2)
(a) of the Act.
(3)
An application, document or submission lodged electronically after 4.30p.m. on a working day and before 8.30a.m. on the next working day (the later day) is taken to have been lodged at 8.30a.m. on the later day.
s 43A
ins 2012 SL No. 226
s 19
Chapter 4
Repeal and transitional provisions
ch hdg sub 2008 SL No. 263
s 8
Part 1
Repeal of Petroleum Regulation 1966 and transitional provisions
pt hdg ins 2008 SL No. 263
s 9
44
Definitions for pt 1
In this part—
commencement means the commencement of section 45.
repealed regulation means the
Petroleum Regulation 1966
.
s 44
amd 2008 SL No. 263
s 10
45
Repeal of Petroleum Regulation 1966
The Petroleum Regulation 1966 is repealed.
46
Continuing effect of notice given under s 114 of repealed regulation
(1)
This section applies if—
(a)
a person gave a notice of intention to drill a well under section 114 of the repealed regulation before the commencement; and
(b)
drilling of the well starts after the commencement.
(2)
The person is taken to have complied with section 16 or the
Petroleum and Gas (Production and Safety) Regulation 2004
, section 31, as applicable, in relation to the well.
(3)
This section applies despite section 48.
47
Continued application of repealed reporting provisions—events before commencement
(1)
This section applies if—
(a)
an event occurs before the commencement; and
(b)
a person is required under the repealed regulation to give a report or notice (a pre-repeal report or notice) about the event; and
(c)
the last day for giving the report or notice is after the commencement.
Example—
A well is completed on 10 December 2004. Under section 126 of the repealed regulation, a well completion report must be given within 6 months after the well is completed.
(2)
The repealed regulation continues to apply in relation to giving the pre-repeal report or notice.
(3)
This regulation, or the
Petroleum and Gas (Production and Safety) Regulation 2004
, does not apply to the extent that it requires a report or notice to be given about the event.
48
Continued application of repealed reporting provisions—events after commencement
(1)
This section applies if—
(a)
an event happens within 6 months after the commencement; and
(b)
a report or notice about the event is required to be given under this regulation or the
Petroleum and Gas (Production and Safety) Regulation 2004
.
(2)
If the repealed regulation, as it was immediately before the commencement, provides for a report or notice about the event to be given, a person may comply with a requirement to give a report or notice mentioned in subsection (1)
(b) by giving the report or notice provided for under the repealed regulation.
(3)
If the repealed regulation, as it was immediately before the commencement, did not provide for a report or notice about the event to be given, the chief executive may accept a partial report or notice if the chief executive is reasonably satisfied that it would be unreasonably onerous to require a report or notice complying with this regulation or the
Petroleum and Gas (Production and Safety) Regulation 2004
.
(4)
For subsection (3), a partial report or notice is a report or notice under this regulation or the
Petroleum and Gas (Production and Safety) Regulation 2004
that does not wholly comply with the requirements under the regulation.
Part 2
Transitional provision for the Mines and Energy Legislation Amendment Regulation (No. 4) 2008
pt 2 (s 49) ins 2008 SL No. 263
s 11
49
Payment of annual rent for a particular period
(1)
This section applies to annual rent for a lease that would, under the unamended provision, be payable on the anniversary day of the lease from 1 September 2008 to 30 August 2009.
(2)
The annual rent must be paid on the anniversary day.
(3)
The amount of the annual rent payable on the anniversary day must be worked out using the formula—
A = B/365 x F
where—
A is the amount of the annual rent payable on the anniversary day.
B is the number of days from the anniversary day to 30 August 2009.
F is the annual rent calculated by reference to section 40
(1).
(4)
In this section—
anniversary day means the anniversary of the day the lease took effect.
unamended provision means section 40 as in force immediately before the commencement of this section.
pt 2 (s 49) ins 2008 SL No. 263
s 11
Part 3
Transitional provision for the Mines and Energy Legislation Amendment Regulation (No. 2) 2010
pt 3 (s 50) ins 2010 SL No. 142
s 15
50
Confidentiality period for required information lodged before commencement
(1)
This section applies to required information for a 1923 Act petroleum tenure if the required information is lodged before the commencement of this section.
(2)
Despite section 35
(4), the confidentiality period for the required information is the confidentiality period mentioned in section 35
(2) of the pre-amended regulation.
(3)
In this section—
pre-amended regulation means this regulation as in force immediately before the commencement of this section.
pt 3 (s 50) ins 2010 SL No. 142
s 15
Part 4
Transitional provisions for Petroleum and Other Legislation Amendment Regulation (No. 1) 2011
pt 4 (ss 51–52) ins 2010 SL No. 35
s 8
51
Existing intention to drill a well or bore [P&G, s 171]
(1)
This section applies if—
(a)
before the commencement of this section, a 1923 Act petroleum tenure holder intended to drill a well or bore; and
(b)
the holder is required to lodge, but has not lodged, a notice under section 16 for the well or bore.
(2)
Old section 16 continues to apply to the holder for the well or bore.
(3)
In this section—
old section 16 means section 16 as in force immediately before the commencement of this section.
pt 4 (ss 51–52) ins 2010 SL No. 35
s 8
52
Confidentiality period for report about hydraulic fracturing activities lodged before commencement
(1)
This section applies to a report, about hydraulic fracturing activities carried out by the holder of a 1923 Act petroleum tenure, lodged under section 76G
(1)
(b) of the Act before the commencement.
(2)
Despite section 35
(2)
(i), the prescribed confidentiality period for the report starts on the commencement and ends on the day that is 5 years after the commencement.
(3)
In this section—
commencement means commencement of this section.
pt 4 (ss 51–52) ins 2010 SL No. 35
s 8
Part 5
Transitional provision for Petroleum Legislation Amendment Regulation (No. 1) 2015
pt 5 (s 53) ins 2015 SL No. 51
s 15
53
Particular samples not required to be kept [P&G, s 177]
(1)
This section applies to the holder of a 1923 Act petroleum tenure if, before the commencement, the holder was given an exemption under section 31
(4), as in force immediately before the commencement, from having to keep a sample from a coal seam gas well.
(2)
The holder is not required to keep the sample under section 31
(1).
pt 5 (s 53) ins 2015 SL No. 51
s 15
Schedule 1
Requirements for plugging and abandoning wells and bores
section 37
(1)
Part 1
Preliminary
1
Definitions for sch 1
In this schedule—
prescribed well or bore means a well or bore, other than a horizontal well.
well or bore means a well or bore drilled under a 1923 Act petroleum tenure.
Part 2
Requirements for all wells and bores
2
Abandonment to be consistent with good industry practice
A well or bore must be abandoned in accordance with good industry practice, to the extent that practice is consistent with this regulation.
3
Capping of well or bore
The well or bore must be capped with a metal plate inscribed with the following information—
(a)
the identifying name of the well or bore;
(b)
the total depth in metres of the well or bore;
(c)
the date the well or bore was abandoned.
4
Casing to be sealed
(1)
The casing of the well or bore must be sealed below ground level.
(2)
The stub of the casing must be buried below the surface at a depth that—
(a)
allows for later re-entry to the well or bore; and
(b)
will not adversely interfere with the normal activities of the owner of the land on which the well or bore is located.
Part 3
Additional requirements for wells and bores, other than horizontal wells
5
Isolation of aquifers and porous formations
An aquifer or porous formation, including, for example, a coal seam, that is intersected by a prescribed well or bore must be isolated so there is no interconnection of gas or water between the aquifers or porous formations.
6
Casing of prescribed well or bore
(1)
Steel casing must be removed from any section of a prescribed well or bore that is within or immediately adjacent to a coal seam.
(2)
However, subsection (1) need not be complied with if it is not technically or commercially feasible to remove the casing.
Example—
production casing that has been cemented in place and can not feasibly be removed
7
Cement to be used for plugs etc.
(1)
A prescribed well or bore must have a surface plug of cement in the casing.
(2)
Also, if a prescribed well or bore has more than 1 casing string and an inner casing string does not reach the surface, the inner casing string must, if required to comply with section 5, be plugged with cement at the top of the string.
(3)
Cement used as a plug in a prescribed well or bore must be of an industry accepted grade, having regard to the salinity of the fluids in the surrounding strata.
(4)
A plug in, or adjacent to, a coal seam in a prescribed well or bore must, if reasonably practicable, be adequately secured.
(5)
The operator of the well or bore must test any cement that is used as a plug in the well or bore and ensure that it complies with the requirements under this regulation or the
Petroleum and Gas (Production and Safety) Regulation 2004
.
8
Requirement for packer left in prescribed well or bore
A packer in, or adjacent to, a coal seam in a prescribed well or bore that is not removed from the well or bore must, if reasonably practicable—
(a)
be made of a material that is intrinsically safe; and
(b)
be adequately secured.
9
Fluid to be left in prescribed well or bore
A prescribed well or bore must be left full of fluid that is of sufficient density to—
(a)
help maintain the structural integrity of the well or bore; and
(b)
prevent gas influx.
10
Requirements if steel casing or drill string is left in coal seam
(1)
This section applies if steel casing or drill string is left within a coal seam in a prescribed well or bore.
(2)
The well or bore must be abandoned in a way that assists future entry of the well or bore for the purpose of milling or removing steel from the coal seam.
(3)
In complying with subsection (2), the operator must ensure that each of the following is carried out before the well or bore is plugged and abandoned—
(a)
sucker rods, pump and tubing and any other debris in the well or bore that can practicably be removed are removed;
(b)
perforated casing is cemented to ensure all aquifers and porous formations, including for example, coal seams, are isolated as required under section 5;
(c)
if casing remains in the well or bore, the fluid left in the well or bore as required under section 9—
(i)
is anticorrosive; and
(ii)
has corrosion inhibitor added to it if the fluid is or may become corrosive;
(d)
casing strings are cut off at approximately 1.5m below ground level and all wellhead equipment is removed;
(e)
before backfilling, a metal plate is welded fully across the top of the innermost casing string and marker tape is laid approximately 20cm above the top of the casing;
(f)
a plaque, stating the following information, is placed on the nearest fence, building or other permanent structure—
(i)
the identifying name of the well or bore;
(ii)
the total depth in metres of the well or bore;
(iii)
the date on which the well or bore was abandoned;
(iv)
the distance and direction to the well or bore from the plaque.
Part 4
Additional requirement for horizontal wells
11
Requirement for liner
(1)
A horizontal well must be abandoned containing a slotted liner that is not made of steel, including for example, a slotted PVC liner.
(2)
However, if the horizontal well has the potential to be a high risk area for future coal mining because of high levels of methane, the operator must conduct a risk assessment that includes an assessment of whether a Fire Resistant Anti Static (or FRAS) liner should be used in the well.
Schedule 2
Fees
section 39(1)
Part 1
1923 Act petroleum tenure fees
$
1
Application for approval to surrender authority to prospect—Act, s 21(4)(b)(i)
913.00
2
Application for approval to amend the work program for an authority to prospect—Act, s 25H(3)
1221.00
3
Application for renewal of authority to prospect—Act, s 25M(1)(i)(i)
2444.00
4
Application for renewal of lease—Act, s 45(2A)(d)(i)
4279.00
5
Application for consent to surrender and terminate lease—Act, s 52(1B)(b)(i)
913.00
6
Lodgement of proposed later work program for authority to prospect within the time required under section 74K(3) of the Act—Act, s 74K(6), definition relevant fee
1221.00
7
Lodgement of proposed later development plan for lease within the time required under section 74Q(3) of the Act—Act, s 74Q(6), definition relevant fee
1221.00
8
Application for amendment of relinquishment condition—Act, s 77T(1)(g)
1221.00
Part 2
Transfer fees
$
1
Transfer of water observation bore or water supply bore in the area of a 1923 Act petroleum tenure to the landowner—Act, s 75Q(3)(b)
1831.00
2
Transfer of well in the area of a 1923 Act petroleum tenure to the holder of a geothermal tenure or mining tenement—Act, s 75R(b)
1831.00
3
Transfer of water observation bore in the area of a 1923 Act petroleum tenure to the holder of another 1923 Act petroleum tenure or a 2004 Act petroleum tenure—Act, s 75S(1)(b)
1831.00
Part 3
General fees
$
1
Fee for required information for a 1923 Act petroleum tenure made available by the chief executive—Act, s 76D(1)(b)—
(a)
for information made available in electronic form, other than on a tape cartridge
165.80
(b)
for information made available on a tape cartridge
331.90
sch 2 amd 2005 SL No. 103 s 2
sub 2006 SL No. 110 s 30; 2007 SL No. 132 s 16
amd 2008 SL No. 50 s 24
sub 2008 SL No. 192 s 22; 2009 SL No. 73 s 36; 2010 SL No. 259 s 6; 2011 SL No. 94 s 27; 2012 SL No. 105 s 40
amd 2012 SL No. 226 s 20; 2013 SL No. 37 s 46
sub 2013 SL No. 84 s 40
amd 2013 SL No. 235 s 12
sub 2014 SL No. 78 s 39; 2015 SL No. 39 s 47; 2016 SL No. 59 s 47
amd 2016 SL No. 169 s 99
Schedule 3
Requirements for petroleum register
sch 3 om 2016 SL No. 169 s 109 sch 4
Schedule 4
Dictionary
section 3
6 month period, for chapter 2, part 1, division 2, subdivision 5, see section 26.
appraisal well means a well that is drilled to test the potential of 1 or more natural underground reservoirs for producing petroleum.
associated water means water necessarily taken as part of petroleum production under a 1923 Act petroleum tenure.
bore means a water observation bore or a water supply bore.
commencement, for chapter 4, see section 44.
completion day, for a survey, means—
(a)
if the survey involves reprocessing of raw data recorded or recovered for a previous survey—the day on which reprocessing of the data is completed; or
(b)
otherwise—the last day on which raw data is recorded or recovered for the survey.
condensate means liquid formed as a result of condensation caused by reduced pressure and temperature of hydrocarbons in a gaseous state in a natural underground reservoir.
development well means a well that is drilled to produce petroleum.
directional well means a part of a well that is intentionally not drilled vertically.
exploration well means a well that is drilled to—
(a)
explore for the presence of petroleum; or
(b)
obtain stratigraphic information for the purpose of exploring for petroleum.
general area information, for chapter 2, part 1, division 1, see section 5.
geological summary, of an area, means a summary of—
(a)
the major structural and stratigraphic features of the area; and
Examples—
•
the history of the accumulation and structuring of stratigraphic units
•
the timing of structural and metamorphic events
(b)
the geophysical features of the area.
Examples—
the gravitational and magnetic potential fields
hazard means a thing or situation with potential to cause harm to any of the following—
(a)
a person, including, for example, financial losses or increased liabilities;
(b)
property;
(c)
the environment.
hazard information, for chapter 2, part 1, division 1, see section 5.
horizontal well means a well, any part of which travels in a generally horizontal direction along a coal seam.
hydraulic fracturing activities means a form of stimulation that involves specially engineered fluids being pumped at a high pressure and rate into a reservoir for the purpose of opening fractures.
def hydraulic fracturing activities amd 2011 SL No. 35 s 9
hydraulic fracturing activities completion report see section 30A
(2).
def hydraulic fracturing activities completion report amd 2011 SL No. 35 s 9(2)
hydraulic fracturing fluid means a fluid that—
(a)
is a mixture of water, liquid chemicals and other additives, including, for example, proppants; and
(b)
is commonly known as slurry.
def hydraulic fracturing fluid amd 2011 SL No. 35 s 9(2)
hydraulic fracturing fluid statement see section 30A
(4).
def hydraulic fracturing fluid statement amd 2011 SL No. 35 s 9(2)
identifying name—
(a)
for a bore, means a number by which the bore is identified in the Groundwater Database System operated by the chief executive of the department responsible for administering the
Water Act 2000
; or
(b)
for a well, means the unique identifying name and number for the well recorded in the register; or
(c)
for a seismic survey or scientific or technical survey, means the unique identifying name or number for the survey recorded in the register.
def identifying name amd 2016 SL No. 169 ss 100(2)–(3), 109 sch 4
lead means a potential prospect that is, in the reasonable opinion of a 1923 Act petroleum tenure holder, indicated by the available seismic or other data.
operator—
(a)
generally—has the meaning given under the 2004 Act; or
(b)
of a drilling project, means the corporation or other entity that is the decision-maker and has responsibility for the overall management for the project.
def operator sub 2011 SL No. 35 s 9
other underground water means water taken for use in carrying out authorised activities under a 1923 Act petroleum tenure.
petroleum product means any of the following—
(a)
coal seam gas;
(b)
condensate;
(c)
crude oil;
(d)
LPG;
(e)
processed natural gas.
prescribed area, for a 1923 Act petroleum tenure, means an area within the tenure—
(a)
where hydraulic fracturing activities for a well are to be or have been conducted; and
(b)
that may be affected, or was affected, by the hydraulic fracturing activities associated with the well.
def prescribed area amd 2011 SL No. 35 s 9(2)
production testing means testing for petroleum production from a well within the area of the 1923 Act petroleum tenure.
proppant means well-sorted and consistently-sized sand or manufactured materials that are mixed into a hydraulic fracturing fluid to hold the fracture faces apart after the fluid used for hydraulic fracturing activities has been pumped under pressure into the well and the pressure has been released.
def proppant amd 2011 SL No. 35 s 9(2)
prospect means a geological structure, such as an anticline—
(a)
that, in the reasonable opinion of a 1923 Act petroleum tenure holder based on a seismic survey or other data, is likely to contain a quantity of petroleum suitable for commercial production; and
(b)
from which petroleum has not yet been commercially produced.
proved and probable reserves, of petroleum or a petroleum product, has the meaning given under the SPE code.
repealed regulation, for chapter 4, see section 44.
reporting period ...
def reporting period om 2009 SL No. 186 s 26
rig release day, for a well or bore, means the day the drilling rig last used to drill the well or bore is moved so it is no longer above the well or bore, if the 1923 Act petroleum tenure holder intends no further drilling of the well or bore to occur.
def rig release day amd 2013 SL No. 235 s 13(1)
scientific or technical survey means a geophysical, geochemical or geotechnical survey or another survey for a similar purpose, other than a seismic survey.
seismic survey means a survey carried out to determine the subsurface features by transmitting soundwaves into the ground and measuring the time they take to return to the surface.
shot hole means a hole that has been drilled for the purpose of firing an explosive in connection with carrying out a seismic survey.
SPE code means the document called ‘Petroleum Resources Management System’ published in 2007 by the Society of Petroleum Engineers.
def SPE code amd 2008 SL No. 59 s 25
standard departmental public tenure enquiry report ...
def standard departmental public tenure enquiry report ins 2011 SL No. 94 s 28
om 2016 SL No. 169 s 100(1)
status, of a well or bore, means any of the following that describes the well or bore—
(a)
for a well that is producing petroleum or a water supply bore that is in use—producing;
(b)
for a well that has temporarily stopped producing petroleum—shut in;
(c)
for a well that is capable of producing petroleum but the productive interval in the well has not been completed for production—cased and suspended;
(d)
for a water observation bore that has not been plugged and abandoned—in use;
(e)
for a well or bore that has been plugged and abandoned—plugged and abandoned;
(f)
for a well that has been converted to a water observation bore—converted to a water observation bore;
(g)
for a well that has been converted to a water supply bore—converted to a water supply bore;
(h)
for a well that has been converted to a Water Act bore—converted to a Water Act bore.
stimulation means a technique used to increase the permeability of a natural underground reservoir, including, for example, hydraulic fracturing, cavitations, fracture acidising, and the use of proppant treatments.
tenure information, for chapter 2, part 1, division 1, see section 5.
well or bore completion report means a well or bore completion report required under section 22 to be lodged for a well or bore.
def well or bore completion report (prev def well completion report) amd 2013 SL No. 235 s 13(2)
well or bore abandonment report means a well or bore abandonment report required under section 23 to be lodged for a well or bore.