Indicative reprint noteThis is an unofficial version of a reprint of this Act that incorporates all proposed amendments to the Act included in the Mineral and Energy Resources and Other Legislation Amendment Bill 2024. This indicative reprint has been prepared for information only—it is not an authorised reprint of the Act.The point-in-time date for this indicative reprint is the introduction date for the Mineral and Energy Resources and Other Legislation Amendment Bill 2024—18 April 2024.Detailed information about indicative reprints is available on the Information page of this website.Mineral and Energy Resources (Common Provisions) Act 2014An Act to provide for the first step in creating a simplified common framework for managing resource authorities in order to optimise development and use of Queensland’s mineral and energy resources and, to manage overlapping coal and petroleum resource authorities for coal seam gas and to manage the impacts of CSG-induced subsidenceChapter 1PreliminaryPart 1Introduction1Short titleThis Act may be cited as the Mineral and Energy Resources (Common Provisions) Act 2014.2CommencementThis Act commences on a day to be fixed by proclamation.Part 2Purposes and application of Act3Main purposesThe main purposes of this Act are—(a)to consolidate particular provisions common to each of the Resource Acts; and(b)to provide for particular common processes that apply to resource authorities; and(c)to manage overlapping coal and petroleum resource authorities for coal seam gas; and(d)to manage the impacts of CSG-induced subsidence; and(de)to provide for the disqualification of persons from grant or transfer of particular resource authorities; and(ef)to assist in achieving the purposes of each of the Resource Acts.
4How main purposes are achieved(1)The main purposes are achieved by providing for the following matters mainly in this Act, rather than in each of the Resource Acts—(a)dealings, caveats and associated agreements;(b)land access;(c)the new framework for overlapping coal and petroleum resource authorities for coal seam gas;(d)the framework for managing the impacts of CSG-induced subsidence;(de)the disqualification from grant or transfer of particular resource authorities;(ef)the resource authority register;(fg)other miscellaneous matters.
(2)It is the intention of Parliament that this Act lead towards the replacement of the Resource Acts with a simplified common framework that will apply to all resource authorities.5Act binds all persons(1)This Act binds all persons, including the State and as far as the legislative power of the Parliament permits, the Commonwealth and the other States.(2)Nothing in this Act makes the State, the Commonwealth or another State liable to be prosecuted for an offence against this Act.6Relationship with Resource Acts(1)This Act is to be read and construed with, and as if it formed part of, each Resource Act.(2)Without limiting subsection (1), the following principles apply—(a)this Act is not intended to exclude, limit or otherwise affect the operation of a Resource Act unless this Act otherwise expressly provides;(b)a reference to ‘this Act’ in a provision of a Resource Act relating to any of the following matters includes a reference to this Act—(i)the functions or powers of an authorised officer under a Resource Act, including, for example, the power to give a compliance direction;(ii)the functions or powers of a Minister under a Resource Act, including, for example, the power to take noncompliance action;(iii)proceedings for an offence against a provision of a Resource Act;
(c)if the context permits, a reference to ‘this Act’ in a provision of a Resource Act, other than a provision mentioned in paragraph (b), includes a reference to this Act.
(3)Without limiting subsection (2)(a), this Act is not intended to exclude, limit or otherwise affect the following unless this Act otherwise expressly provides—(a)the power under a Resource Act to grant a resource authority;(b)the carrying out of authorised activities for a resource authority;(c)the duties, obligations, requirements or restrictions imposed on a resource authority holder.
(4)Despite subsections (2)(a) and (3), if this Act is inconsistent with a Resource Act, this Act prevails to the extent of the inconsistency.(5)Without limiting subsection (1), (2), (3) or (4)—(a)if a provision of this Act deals with a particular matter and a provision of a Resource Act deals with the same matter and it is impossible to comply with both provisions, a person must comply with the provision of this Act and is excused from complying with the provision of the Resource Act, to the extent that it can not be complied with; and(b)if a provision of this Act deals with a particular matter and a provision of a Resource Act deals with the same matter and it is possible to comply with both provisions, a person must comply with both provisions.
7Reference to a Resource Act includes reference to this ActIf the context permits, a reference in another Act or document to a Resource Act is taken to include a reference to this Act.Part 3InterpretationDivision 1Dictionary8DefinitionsThe dictionary in schedule 2 defines particular words used in this Act.Division 2Key definitions9What is a Resource ActEach of the following is a Resource Act—(a)the Mineral Resources Act;(b)the P&G Act;(c)the 1923 Act;(d)the Geothermal Act;(e)the Greenhouse Gas Act.
10What is a resource authorityEach of the following is a resource authority—(a)any of the following under the Mineral Resources Act—•a prospecting permit;•a mining claim;•an exploration permit;•a mineral development licence;•a mining lease;•a water monitoring authority;
(b)any of the following under the P&G Act—•an authority to prospect;•a petroleum lease;•a data acquisition authority;•a water monitoring authority;•a survey licence;•a pipeline licence;•a petroleum facility licence;
(c)any of the following under the 1923 Act—•an authority to prospect;•a lease;•a water monitoring authority;
(d)any of the following under the Geothermal Act—•a geothermal exploration permit;•a geothermal production lease;
(e)any of the following under the Greenhouse Gas Act—•a GHG exploration permit;•a GHG injection and storage lease;•a GHG injection and storage data acquisition authority.
11What is the authorised areaThe authorised area, for a resource authority, means the area to which the resource authority relates.11AGraticulation of earth’s surface into blocks and sub-blocks(1)A block is the land resulting from a notional division of the earth’s surface, each block being bounded—(a)by 2 parallels of latitude 5 minutes apart, each parallel being a multiple of 5 minutes of latitude from the equator; and(b)by 2 meridians of longitude 5 minutes apart, each meridian being a multiple of 5 minutes of longitude from the prime meridian.
(2)A sub-block is the land resulting from a notional division of a block into 25 areas, each sub-block being bounded by 2 parallels of latitude 1 minute apart and 2 meridians of longitude 1 minute of longitude apart.(3)For subsections (1) and (2), latitude and longitude are defined by reference to the Australian Geodetic Datum 1966.(4)Each block and sub-block must be identified in the way approved by the chief executive.(5)Nothing in this section prevents the chief executive from representing blocks and sub-blocks in a spatial database by reference to a datum other than the Australian Geodetic Datum 1966.(6)In this section—Australian Geodetic Datum 1966 means the reference frame with—(a)a reference spheroid with a major (equatorial) radius of 6,378,160m and a flattening of 100/29825; and(b)its origin at the Johnston Geodetic Station in the Northern Territory, taken to be at 133º12'30.0771" east longitude and 25º56'54.5515" south latitude and to have a ground level of 571.2m above the reference spheroid.
Editor’s note—The Australian Geodetic Datum 1966 was notified in the Commonwealth Gazette No. 84 on 6 October 1966 at page 4984.12Who is an owner of land and other things(1)An owner, of land, means each person as stated in schedule 1 for the land.(2)Also, a mortgagee of land is the owner of land if—(a)the mortgagee is acting as mortgagee in possession of the land and has the exclusive management and control of the land; or(b)the mortgagee, or a person appointed by the mortgagee, is in possession of the land and has the exclusive management and control of the land.
(3)If land or another thing has more than 1 owner, a reference in this Act to the owner of the land or thing is a reference to each of its owners.13What is private land(1)Private land is—(a)freehold land; or(b)an interest in land less than fee simple held from the State under another Act.
(2)However, land is not private land to the extent of an interest in any of the following relating to the land—(a)a mining interest under the Mineral Resources Act;(b)a petroleum authority under the P&G Act or 1923 Act petroleum tenure under the 1923 Act;(c)a geothermal tenure under the Geothermal Act;(d)a GHG authority under the Greenhouse Gas Act;(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.14What is public land(1)Public land is any 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 under the Mineral Resources Act;(ii)a petroleum authority under the P&G Act or 1923 Act petroleum tenure under the 1923 Act;(iii)a GHG authority under the Greenhouse Gas Act;(iv)a geothermal tenure under the Geothermal Act;(v)an occupation right under a permit under the Land Act 1994.
(2)Public land includes a public road.15What is a public roadA public road is an area of land that—(a)is open to or used by the public; and(b)is developed for or has as 1 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
15A What is an advanced activityAn advanced activity, for a resource authority, is an authorised activity for the resource authority other than a preliminary activity for the resource authority.Examples—•levelling of drilling pads and digging sumps•earthworks associated with pipeline installation•bulk sampling•open trenching or costeaning with an excavator•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
15BWhat is a preliminary activity(1)A preliminary activity, for a resource authority, is an authorised activity for the authority that will have no impact, or only a minor impact, on the business or land use activities of any owner or occupier of the land on which the activity is to be carried out.Examples—•walking the area of the authority•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)Subsection (3) applies to an authorised activity for a resource authority other than an activity that is aerial surveying carried out at 1,000ft or more above land.(3)Despite subsection (1), the activity is not a preliminary activity for the resource authority if the activity—(a)is carried out on land that—(i)is less than 100ha; and(ii)is being used for intensive farming or broadacre agriculture; orExamples for subparagraph (ii)—•land used for dryland or irrigated cropping, plantation forestry or horticulture•land used for a dairy, cattle or sheep feedlot, a piggery or a poultry farm
(b)affects the lawful carrying out of an organic or bio-organic farming system.
(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 that affects the lawful carrying out of an organic or bio-organic farming system.
Chapter 2Dealings, caveats and associated agreementsPart 1Dealings16What is a dealingA dealing, in relation to a resource authority, is—(a)any transaction or arrangement that causes the creation, variation, transfer or extinguishment of an interest in the resource authority; or(b)another transaction, arrangement or circumstance, prescribed by regulation, that affects the resource authority.
17Prescribed dealings require approval of Minister and registration(1)A regulation may prescribe the dealings with a resource authority (each a prescribed dealing) that must be approved by the Minister under this part, and registered, to have effect.(2)A prescribed dealing has no effect unless, and until, it is approved by the Minister under this part and registered.17ANotifiable dealings require notice to chief executive and registration(1)A regulation may prescribe the dealings with a resource authority (each a notifiable dealing) that must be notified to the chief executive under this part, and registered, to have effect.(2)A notifiable dealing has no effect unless, and until, it is notified to the chief executive under this part and registered.18Prohibited dealings have no effect(1)The following dealings with a resource authority are prohibited—(a)a dealing with a resource authority that transfers a divided part of the authorised area for the resource authority, unless the dealing is—(i)a sublease of a resource authority that is a lease; or(ii)a transfer of a sublease mentioned in subparagraph (i) or of a share in the sublease;
(b)a dealing with a resource authority prescribed by regulation as prohibited.
(2)A dealing with a resource authority prohibited under subsection (1) must not be registered under this part and has no effect.19Application for Minister’s approval of prescribed dealing(1)The following entities may apply to the Minister for approval of a prescribed dealing—(a)the affected resource authority holder;(b)any other entity with the affected resource authority holder’s consent.
(2)Chapter 6, part 1 applies for processing the application, and the Minister must decide to either refuse to give the approval or give the approval with or without conditions.Note—See section 23 if the approval relates to a prescribed dealing for which an indicative approval has been given under that section.(3)If the Minister decides to give the approval, the chief executive must register the prescribed dealing as soon as possible after the approval is given.(4)To remove any doubt, it is declared that registration under subsection (3) is subject to sections 20 and 21.(5)In this section—affected resource authority holder means—(a)for a prescribed dealing affecting the whole of a resource authority—the holder of the resource authority; or(b)for a prescribed dealing affecting a share in a resource authority—the holder of the share.
19A Rejection of application if intended transferee disqualified(1)The Minister must reject an application for approval of a prescribed dealing that is a transfer of a resource authority or a share in a resource authority if the Minister decides the intended transferee of the resource authority or share is disqualified under section 196C from being transferred the resource authority or share.(2)However, subsection (1) does not apply to a transfer of a share in a resource authority if—(a)the share is being transferred to a person who already holds a share in the resource authority; and(b)the person transferring the share continues, after the transfer, to hold a share in the resource authority.
19BNotice to chief executive to register notifiable dealing(1)The ordinary rule is that the following entities may give notice to the chief executive of a notifiable dealing to enable its registration—(a)the affected resource authority holder;(b)any other entity with the affected resource authority holder’s consent.
(2)However, if a notifiable dealing is required to be executed because of the operation of a law, a regulation may change the ordinary rule by prescribing the following—(a)who may or must give notice to the chief executive;(b)the period within which the notice must be given.
Example of dealing required to be executed because of the operation of a law—the transfer of an interest in a resource authority because of the death of the resource authority holder(3)The notice must be—(a)in the approved form; and(b)accompanied by the fee prescribed by regulation.
(4)The chief executive must register the notifiable dealing as soon as possible after the notice is given.(5)Subsection (6) applies if the notifiable dealing is—(a)a transmission by death of a resource authority or a share in a resource authority; or(b)a transfer of a resource authority or a share in a resource authority by operation of law.
(6)The chief executive may register the notifiable dealing only if the proposed transferee is—(a)an eligible person; and(b)for a resource authority other than a small scale mining tenure within the meaning of the Environmental Protection Act—a registered suitable operator under the Environmental Protection Act.
(7)To remove any doubt, it is declared that registration under subsection (4) or (6) is subject to sections 20 and 21.(8)In this section—affected resource authority holder means—(a)for a notifiable dealing affecting the whole of a resource authority—the holder of the resource authority; or(b)for a notifiable dealing affecting a share in a resource authority—the holder of the share.
20Unpaid royalties prevent registration of dealing(1)This section applies if a prescribed dealing or notifiable dealing is a transfer of a resource authority or a share in a resource authority.(2)However, this section does not apply to a transfer of a share in a resource authority if—(a)the share is being transferred to a person who already holds a share in the resource authority; and(b)the person transferring the share continues, after the transfer, to hold a share in the resource authority.
(3)The prescribed dealing or notifiable dealing must not be registered, and can not take effect, under this part while any royalty payable by the holder of the resource authority remains unpaid.21Failure to pay contribution to scheme fund or give surety prevents registration of dealing(1)This section applies if—(a)the Minister approves a prescribed dealing, or the chief executive is given notice of a notifiable dealing, that is anyeither of the following—(i)a changed holder event under the Mineral and Energy Resources (Financial Provisioning) Act 2018 for a resource authority that authorises the carrying out of a resource activity for an environmental authority;(ii)a transfer of a resource authority that authorises the carrying out of a resource activity for an environmental authority mentioned in the Mineral and Energy Resources (Financial Provisioning) Act 2018, section 53(d);(iii)a transfer of a small scale mining tenure mentioned in the Mineral and Energy Resources (Financial Provisioning) Act 2018, section 53(e)(i); and
(b)a contribution to the scheme fund is required to be paid, or a surety required to be given, for the environmental authority or small scale mining tenure, under the Mineral and Energy Resources (Financial Provisioning) Act 2018.
(2)The prescribed dealing or notifiable dealing must not be registered unless the entity that will be the holder of the resource authority, or small scale mining tenure, on registration of the prescribed dealing or notifiable dealing has paid the contribution to the scheme fund, or given the surety, under the Mineral and Energy Resources (Financial Provisioning) Act 2018.22Security may be required(1)This section applies if a prescribed dealing is a transfer of a resource authority or of a share in a resource authority.(2)As a condition of deciding to give an approval under section 19, the Minister may require the proposed transferee to give the State security for the resource authority.(3)The provisions of the relevant Resource Act for giving security for the type of resource authority are taken to apply to the proposed transferee and the security as if the security were given under those provisions.Examples of the provisions of the relevant Resource Act—•For the Geothermal Act, see chapter 6, part 4.•For the Greenhouse Gas Act, see chapter 5, part 6.•For the Mineral Resources Act, see sections 83, 144, 190 and 277.•For the 1923 Act, see part 6G.•For the P&G Act, see chapter 5, part 1.
23Indication of Minister’s approval to register(1)This section applies for a proposed prescribed dealing.(2)The prescribed applicant for the proposed prescribed dealing may apply to the Minister for an indication of (an indicative approval)—(a)whether the Minister is likely to approve the proposed prescribed dealing; and(b)what, if any, conditions are likely to be imposed by the Minister.
(3)Chapter 6, part 1 applies for processing the application, and the Minister must decide to either refuse to give the indicative approval or give the indicative approval with or without conditions.(4)Subsection (5) applies if—(a)the indicative approval indicates the Minister will approve the proposed prescribed dealing; and(b)within the prescribed period, the prescribed applicant applies to the Minister under section 19 for approval of the proposed prescribed dealing.
(5)The Minister must grant the approval in accordance with the indicative approval unless—(a)the proposed prescribed dealing is a transfer of the resource authority, or a share in the resource authority, and the proposed transferee is not eligible to be a resource authority holder under this Act or the relevant Resource Act; or(b)the application for the indicative approval contained incorrect material information or omitted material information and, had the Minister been aware of the discrepancy, the Minister would not have given the indicative approval; or(c)preconditions for the indicative approval have not been complied with.
(6)To remove any doubt, it is declared that granting of the approval is subject to sections 20, 21 and 22.(7)In this section—preconditions, for an indicative approval, means conditions imposed on the approval under this section that must be complied with before a related application is made for approval under section 19.prescribed applicant, for a proposed prescribed dealing, means the entity that may, under section 19(1), apply for approval of the dealing.23AEffect of registration and Minister’s approvalThe registration of a prescribed dealing or notifiable dealing under this part, or an approval of the Minister under section 19, allows the dealing to have effect according to its terms but does not of itself give the dealing any more effect or validity than it would otherwise have.Part 2Caveats24Application of partThis part applies in relation to—(a)a resource authority; or(b)an application for a mining lease under the Mineral Resources Act.
25Lodging of caveat(1)A person claiming an interest in the resource authority or the application for a mining lease may lodge a caveat over the authority or application if the caveat—(a)complies with the prescribed requirements for the caveat; and(b)is not a prohibited caveat; and(c)is accompanied by the fee prescribed by regulation.
(2)On receipt of the caveat, the chief executive must—(a)record the existence of the caveat in the register; and(b)notify the following persons of the receipt of the caveat—(i)each holder of the resource authority or applicant for the application;(ii)each person who has a registered interest in the resource authority or application;(iii)any caveator for a prior caveat over the resource authority or application if the prior caveat is in effect.
(3)The caveat has no effect if the caveat—(a)does not comply with the prescribed requirements for the caveat; or(b)is a prohibited caveat.
(4)In this section—prohibited caveat means a caveat of a type prescribed by regulation to be a prohibited caveat.registered interest, in the resource authority or the application for a mining lease, means an interest in the authority or application recorded in the register.26Effect of lodging caveat(1)This section applies if a caveat is lodged over the resource authority or the application for a mining lease under this part.(2)From the date and time of lodgement of the caveat until the caveat lapses or is withdrawn or removed, the caveat prevents the following—(a)the registration of a dealing in relation to the resource authority;(b)the registration under the Mineral Resources Act of a transfer of the application or a transfer of an interest in the application.
(3)However—(a)the lodgement of the caveat does not prevent the registration of an instrument of a type prescribed by regulation; and(b)if the caveat is lodged over only a share in the resource authority, the lodgement of the caveat does not prevent the registration of a dealing in relation to other shares in the resource authority.
(4)The caveat does not create an interest in the resource authority or the application.(5)For this section, the date and time of lodgement of the caveat is the date and time endorsed by the chief executive on the caveat as the caveat’s date and time of lodgement.27Lapsing of caveat(1)A caveat lodged under this part lapses—(a)for a caveat for which there is consent—at the end of the term stated in the caveat; or(b)for a caveat for which there is no consent—(i)if an order of the Land Court is in effect in relation to the caveat—when the order stops having effect; or(ii)otherwise—on the day that is 3 months after the date of lodgement of the caveat or on an earlier day stated in the caveat.
(2)If there is consent to the caveat and the caveat does not state the term of the caveat, the caveat continues in effect until it is withdrawn or removed.(3)For this section—(a)there is consent to a caveat over the resource authority only if each holder of the authority consented to the lodgement of the caveat and the consent was lodged with the caveat; and(b)there is consent to a caveat over the application for a mining lease only if each applicant consented to the lodgement of the caveat and the consent was lodged with the caveat; and(c)the date of lodgement of a caveat is the date endorsed by the chief executive on the caveat as the caveat’s date of lodgement.
28Withdrawal or removal of caveat(1)The caveator for a caveat lodged under this part may withdraw the caveat by written notice given to the chief executive.(2)Either of the following persons may apply to the Land Court for an order that a caveat lodged under this part be removed—(a)a person who has a present or prospective right or interest in the resource authority, or the application for a mining lease, over which the caveat is lodged;(b)a person whose present or prospective right to deal with the resource authority, or the application for a mining lease, over which the caveat is lodged is affected by the caveat.
(3)The Land Court may make the order—(a)whether or not the caveator has been served with the application for the order; and(b)on the terms the Land Court considers appropriate.
29Recording of lapsing, withdrawal or removal of caveatAs soon as practicable after a caveat lodged under this part lapses, is withdrawn or is ordered to be removed, the chief executive must record the lapse, withdrawal or removal in the register.30Further caveat not available to same person(1)This section applies if a caveat is lodged over an interest in the resource authority or the application for a mining lease under this part (the original caveat).(2)A further caveat with the same caveator can not be lodged over the resource authority or the application on the same, or substantially the same, grounds as those stated in the original caveat unless—(a)each holder of the authority, or each applicant for the application, has consented to the lodgement of the further caveat and the consent is lodged with the further caveat; or(b)a court of competent jurisdiction has given leave to lodge the further caveat.
31Compensation for lodging caveat without reasonable causeThe caveator for a caveat lodged under this part without reasonable cause is liable to compensate anyone else who suffers loss or damage because of the caveat.Part 2Caveats24Definition for partIn this part—affected resource authority, for a caveat, means the resource authority over which the caveat is lodged.25Lodging of caveat(1)A person claiming an interest in a resource authority may lodge a caveat over the resource authority if the caveat—(a)complies with the prescribed requirements for it; and(b)is not a prohibited caveat; and(c)is accompanied by the fee prescribed by regulation.
(2)On receipt of the caveat, the chief executive must—(a)record its existence in the register; and(b)notify each holder of the affected resource authority of the receipt of the caveat; and(c)notify all other persons who have a registered interest in the resource authority, and any subsisting prior caveator, of the receipt of the caveat.
(3)A caveat has no effect for this Act if—(a)it does not comply with the prescribed requirements for it; or(b)it is a prohibited caveat.
(4)In this section—prohibited caveat means a caveat of a type, prescribed by regulation, that can not be lodged.registered interest, in a resource authority, means an interest in the resource authority recorded in the register.26Effect of lodging caveat(1)Until a caveat lapses, is withdrawn or is removed, the caveat prevents registration of a dealing in relation to the affected resource authority from the date and time endorsed by the chief executive on the caveat as the caveat’s date and time of lodgement.(2)However—(a)lodgement of a caveat does not prevent registration of an instrument of a type prescribed by regulation; and(b)if a caveat is lodged over only a share in a resource authority, lodgement of the caveat does not prevent registration of a dealing in relation to the other shares in the resource authority.
(3)A caveat does not create an interest in the affected resource authority.27Lapsing of caveat(1)A caveat lapses—(a)for a caveat for which there was consent—at the expiration of the term, if any, stated in the caveat; or(b)for a caveat for which there was no consent—(i)if an order of the Land Court is in force in relation to the caveat—at the expiration of the order; or(ii)otherwise—at the expiration of 3 months after the date of lodgement of the caveat or a shorter term stated in the caveat.
(2)If there was consent to a caveat and the caveat does not state a term for which it continues, the caveat continues until it is withdrawn or removed.(3)There is consent to a caveat only if each holder of the affected resource authority has consented to the lodgement of the caveat and the consent is lodged together with the caveat.28Withdrawal or removal of caveat(1)The caveator for a caveat may withdraw the caveat by notifying the chief executive in writing.(2)Either of the following persons may apply to the Land Court for an order that a caveat be removed—(a)a person who has a right or interest (present or prospective) in the affected resource authority;(b)a person whose right (present or prospective) to deal with the affected resource authority is affected by the caveat.
Note—See the Land Court Rules 2000 for how to make an application to the Land Court.(3)The Land Court may make the order—(a)whether or not the caveator has been served with the application; and(b)on the terms it considers appropriate.
29Recording of lapsing, withdrawal or removal of caveatAs soon as practicable after a caveat lapses, is withdrawn or is ordered to be removed, the chief executive must record the lapse, withdrawal or removal in the register.30Further caveat not available to same person(1)This section applies if a caveat (the original caveat) is lodged over an interest in an affected resource authority.(2)A further caveat with the same caveator can not be lodged over the interest on the same, or substantially the same, grounds as those stated in the original caveat unless—(a)the consent of each holder of the affected resource authority is lodged with the caveat; or(b)leave of a court of competent jurisdiction to lodge the further caveat is granted.
31Compensation for lodging caveat without reasonable causeThe caveator for a caveat lodged over a resource authority without reasonable cause is liable to compensate anyone else who suffers loss or damage because of the caveat.Part 3Associated agreements32What is an associated agreement(1)An associated agreement, for a resource authority, means an agreement relating to the resource authority.(2)However, neither of the following agreements is an associated agreement—(a)a prescribed dealing;(b)a notifiable dealing;(c)another agreement prescribed by regulation.
33Recording associated agreements(1)The holder of a resource authority to which an associated agreement relates may apply to the chief executive to have the agreement recorded in the register against the resource authority.(2)The application may include the date on which the associated agreement expires and it is to be removed from the register.(3)Chapter 6, part 1 applies for processing the application.(4)After lodgement of a valid application, the chief executive must record the associated agreement in the register against the resource authority to which the agreement relates.(5)The chief executive is not required to examine, or to determine the validity of, an associated agreement.34Effect of recording associated agreementsThe recording of an associated agreement in the register does not of itself—(a)give the agreement any more effect or validity than it would otherwise have; or(b)create an interest in the resource authority against which it is recorded.
35Removing associated agreements from register(1)The holder of a resource authority to which an associated agreement relates may apply to the chief executive to have the agreement removed from the register.(2)Chapter 6, part 1 applies for processing the application.(3)After lodgement of a valid application, the chief executive must remove the associated agreement from the register.Chapter 3Land accessPart 1Land access codes36Making of land access codesA regulation may make 1 or more codes for all Resource Acts (each a land access code) that—(a)states best practice guidelines for communication between the holders of resource authorities and owners and occupiers of land, public land authorities and public road authorities; and(b)imposes on resource authorities mandatory conditions concerning the conduct of authorised activities on land.
Part 2Private landDivision 1Application of part37Application of partThis part does not apply in relation to the following resource authorities under the Mineral Resources Act—(a)a prospecting permit;(b)a mining claim;(c)a mining lease.
Division 2Entry for authorised activities and access requires entry notice38Application of divisionThis division applies to an entry to private land for the purpose of—(a)carrying out an authorised activity for a resource authority; or(b)crossing access land for the resource authority; or(c)gaining entry to access land for the resource authority.; or(d)undertaking a subsidence activity as provided under division 4A.
39Obligation to give entry notice to owners and occupiers(1)A person must not enter private land for a purpose mentioned in section 38 unless the resource authority holder has given each owner and occupier of the land an entry notice about the entry.Maximum penalty—500 penalty units.(2)An entry notice is invalid if—(a)it does not comply with the prescribed requirements for the notice; or(b)it states a period for entry that is longer than the maximum period for entry; or(c)it is not given to an owner or occupier at least 10 business days before the entry.
(3)However, an entry notice is not invalid if—(a)given to an owner or occupier less than 10 business days before the entry; and(b)the owner or occupier has agreed in writing to the shorter period.
(4)In this section—give includes to give by publication if the resource authority holder has been given an approval to do so under section 41 and complies with the approval.maximum period for entry means the maximum period, prescribed by regulation, that access to land is to be allowed for a particular entry to the land.40Exemptions from obligations(1)An obligation under this division to give an entry notice about an entry to private land for a purpose mentioned in section 38 does not apply if—(a)the resource authority holder owns the land; or(b)the resource authority holder has an independent legal right to enter the land for the purpose; or(c)the entry is to preserve life or property or because of an emergency that exists or may exist; or(d)the entry is authorised under the relevant Resource Act for the resource authority; or(e)the entry is of a type prescribed by regulation.
(2)An obligation under this division to give an entry notice about an entry to private land for a purpose mentioned in section 38 also does not apply if the resource authority holder has 1 of the following with each owner and occupier of the land—(a)a waiver of entry notice for the entry that is in effect;Note—An owner or occupier of land may give a waiver of entry notice for an entry to the land. See section 42.(b)a conduct and compensation agreement for the land and—(i)the agreement provides for alternative obligations for the entry; and(ii)the holder complies with the alternative obligations for the entry;
(c)an opt-out agreement.
(3)Further, an obligation under this division to give an entry notice about an entry to private land for a purpose mentioned in section 38 does not apply if the entry is for the purpose of carrying out an authorised activity for the resource authority that is aerial surveying carried out at 1,000ft or more above land.(34)In this section—independent legal right, to enter land, means a right to enter the land that is enforceable under any law, including a common law right, but does not include a right to enter the land under this Act or a Resource Act.Example of an independent legal right to enter land—a contractual arrangement allowing a party to the contract to enter particular land41Approval to give entry notices by publication(1)A resource authority holder may apply to the chief executive for approval to give an entry notice by publishing it in a stated way.(2)The application may relate to more than 1 entry notice or a particular type of entry.(3)The chief executive may give the approval only if satisfied—(a)the publication will happen at least 20 business days before the entry; and(b)for an owner or occupier who is an individual—it is impracticable to give the owner or occupier the notice personally.
(4)Chapter 6, part 1 applies for processing the application, and the chief executive must decide to either refuse to give the approval or give the approval with or without conditions.42Right to give waiver of entry notice(1)An owner or occupier of land may give a waiver of entry notice for an entry made to the land for a purpose mentioned in section 38.(2)A waiver of an entry notice—(a)is invalid if it does not comply with the prescribed requirements for the notice; and(b)can not be withdrawn during the notified period; and(c)ceases to have effect at the end of the notified period.
(3)In this section—notified period, for a waiver of entry notice, means the period stated in the notice as the period during which the land may be entered.Division 3Entry for advanced activities requires agreement43Carrying out advanced activities on private land requires agreement(1)A person must not enter private land to carry out an advanced activity for a resource authority unless each owner and occupier of the land—(a)is a party to a conduct and compensation agreement about the advanced activity and its effects; or(b)is a party to a deferral agreement; or(c)has elected to opt out from entering into a conduct and compensation agreement or deferral agreement under section 45; or(d)is a party to—(i)an arbitration under part 7, division 2, subdivision 3A; or(ii)an application to the Land Court under section 96.
Maximum penalty—500 penalty units.(2)This section does not apply for an entry to private land to carry out an advanced activity for a resource authority if—(a)the resource authority holder owns the land; or(b)the resource authority holder has an independent legal right to enter the land to carry out the activity; or(c)the entry is to preserve life or property or because of an emergency that exists or may exist; or(d)the entry is authorised under the relevant Resource Act for the resource authority; or(e)the entry is of a type prescribed by regulation.
(3)This section does not limit the requirement under section 39 for a person to give an entry notice about the entry to private land for a purpose mentioned in section 38.(4)In this section—independent legal right, to enter land, means a right to enter the land that is enforceable under any law, including a common law right, but does not include a right to enter the land under this Act or a Resource Act.44Deferral agreements(1)An owner or occupier of land may enter into an agreement (a deferral agreement) with a resource authority holder that a conduct and compensation agreement can be entered into after entry to the land.(2)A deferral agreement is invalid if it does not comply with the prescribed requirements for the agreement.45Right to elect to opt out(1)An owner or occupier of land may elect to opt out of entering into a conduct and compensation agreement or a deferral agreement with a resource authority holder.(2)The election to opt out is an opt-out agreement and is invalid if it does not comply with the prescribed requirements for the agreement.(3)Despite any term of the opt-out agreement, either party to the agreement may, by giving written notice to the other parties to the agreement, unilaterally terminate the agreement within 10 business days of a signed copy of the agreement being given to the owner or occupier of land.(4)An opt-out agreement for land ends—(a)according to its terms; or(b)if the resource authority ends; or(c)if it is terminated by a party under subsection (3); or(d)if the parties enter into any of the following agreements—(i)a deferral agreement;(ii)a conduct and compensation agreement:(iii)another opt-out agreement for the land.
Note—An opt-out agreement does not negate a resource authority holder’s liability to compensate an eligible claimant. See section 81.
Division 4Access to private land outside authorised areaSubdivision 1Application46Application of divisionThis division does not apply in relation to mineral development licences under the Mineral Resources Act.Subdivision 2Access rights and access agreements47Limited access to private land outside authorised area(1)A resource authority holder may exercise an access right over access land if—(a)the following have agreed orally or in writing to the exercise of the rights—(i)if exercising the rights is likely to have a permanent impact on access land—each owner and occupier of the land;(ii)if exercising the rights is unlikely to have a permanent impact on access land—each occupier of the land; or
(b)the exercise of the rights is needed to preserve life or property or because of an emergency that exists or may exist.
(2)An agreement about the exercise of the rights mentioned in subsection (1)(a) is an access agreement.(3)In this section—access land, for a resource authority, means land, outside the authorised area for the resource authority, that it is reasonably necessary to allow the holder to cross in order to enter the authorised area.Note—See section 49 for the criteria for deciding whether access is reasonable.access rights, over access land for a resource authority, means the right to—(a)cross the access land if it is reasonably necessary to allow the holder to enter the authorised area; and(b)carry out activities on the access land that are reasonably necessary to allow the crossing of the land.Example for paragraph (b)—opening a gate or fence
permanent impact, on land, means a continuing effect on the land or its use or a permanent or long-term adverse effect on its current lawful use by an occupier of the land.Example of an exercise of access rights that is likely to have a permanent impact—building a roadExample of an exercise of access rights that is unlikely to have a permanent impact—opening or closing a gate48Owner or occupier must not unreasonably refuse to make access agreement(1)An owner or occupier of access land must not, if asked by a resource authority holder, unreasonably refuse to make an access agreement with the holder.(2)For subsection (1), the owner or occupier does not unreasonably refuse only because the owner or occupier asks for the agreement to be subject to reasonable and relevant conditions offered by the owner or occupier.(3)If an owner or occupier has not made an access agreement within 20 business days after being asked to make the agreement by a resource authority holder, the owner or occupier is taken to have refused to make the agreement.Note—Either party may refer a refusal under subsection (1) or (3) to the Land Court to decide whether the refusal is unreasonable. See section 52.49Criteria for deciding whether access is reasonable(1)This section provides for matters to be considered in deciding whether—(a)it is reasonably necessary for a resource authority holder to cross access land to allow the holder to enter the authorised area for the resource authority; or(b)it is reasonably necessary for a resource authority holder to carry out activities on access land to allow the crossing of the land; or(c)an owner or occupier of access land has unreasonably refused to make an access agreement.
(2)The resource authority holder must first show it is not possible or reasonable to exercise the access rights by using a formed road.(3)After subsection (2) has been satisfied, the following must be considered—(a)the nature and extent of any impact the exercise of the access rights will have on access land and the owner or occupier’s use and enjoyment of it;(b)how, when and where, and the period during which, the resource authority holder proposes to exercise the access rights.
(4)In this section—formed road means any existing road or track on private land or public land used, or that may reasonably be capable of being used, to drive or ride motor vehicles.50Additional topics for access agreements(1)This section applies if a resource authority holder and an owner or occupier of access land make an access agreement for the exercise of access rights over the access land.(2)The access agreement may provide for alternative obligations, for entry to the access land, to the entry notice obligations under section 39.(3)If the access agreement is in writing, it may include a conduct and compensation agreement for the exercise or future exercise of access rights by the resource authority holder.51Other rights to grant entry not affectedThis subdivision does not limit or otherwise affect the ability of an owner or occupier to grant a resource authority holder a right of access to land, including, for example, by the grant of an easement.Subdivision 2AADR51AParty may seek ADR(1)This section applies if a dispute arises between a resource authority holder and an owner or occupier of land (the parties) about—(a)deciding a matter mentioned in section 49(1)(a), (b) or (c); or(b)whether an access agreement between the parties should be varied because of a material change in circumstances.
(2)Either party may give an ADR election notice to the other party asking the other party to participate in ADR to seek to negotiate a resolution of the dispute.(3)A party given an ADR election notice must, within 10 business days after the notice is given, accept or refuse the request for ADR.(4)If a party given an ADR election notice does not accept the request for ADR within 10 business days after the notice is given, the party is taken to refuse the request.(5)If the request for ADR is accepted under subsection (3), the parties may, within 10 business days after the acceptance, jointly appoint the ADR facilitator proposed in the ADR election notice, or another ADR facilitator, to conduct the ADR.(6)Chapter 7A, part 1, division 2 applies to the ADR.Subdivision 3Land Court resolution52Power of Land Court to decide access agreement(1)If a dispute arises between a resource authority holder and an owner or occupier of land (the parties) about a matter mentioned in section 49(1), either party may apply to the Land Court for it to decide the matter.(2)In deciding the matter, the Land Court—(a)must have regard to section 49(2) and (3); and(b)may impose conditions it considers appropriate for the exercise of the access rights.
(3)Conditions imposed under subsection (2)(b) are taken to be—(a)if there is already an access agreement between the parties—conditions of that agreement; or(b)if there is no access agreement between the parties—an access agreement between the parties.
53Power of Land Court to vary access agreement(1)A resource authority holder, or an owner or occupier of land, may apply to the Land Court to vary an access agreement between them.(2)In deciding the application, the Land Court must have regard to section 49(2) and (3).(3)The Land Court may vary the access agreement only if it considers the change is appropriate because of a material change in circumstances.(4)This section does not prevent the owner or occupier and the resource authority holder from agreeing to vary the access agreement.(5)The power of the Land Court to vary an access agreement is not limited by part 6.53APower of Land Court to decide alleged breach of access agreement(1)If a party to an access agreement believes the other party has breached the agreement, the party may apply to the Land Court for an order about the alleged breach.(2)An application may be made during the term, or after the end, of the agreement.(3)The Land Court may make any order it considers appropriate on an application under this section.(4)In this section—party, to an access agreement, means—(a)the following persons who entered into the agreement—(i)the resource authority holder;(ii)the owner or occupier of private land; or
(b)the successors and assigns of a party mentioned in paragraph (a) that are bound by the agreement under section 79.
Division 4AEntry to private land outside authorised area to undertake subsidence activity53BApplication of divisionThis division applies if a relevant holder for a subsidence management area is required to do any of the following (each a subsidence activity) in relation to private land outside the authorised area for the holder’s resource authority—(a)undertake land monitoring under chapter 5A, part 4, division 1;(b)undertake baseline data collection under chapter 5A, part 4, division 2;(c)undertake a farm field assessment under chapter 5A, part 4, division 3;(d)take a subsidence management measure under a subsidence management plan under chapter 5A, part 5, division 1;(e)take stated reasonable steps under a direction given under section 184KL(1)(b), 184KM(2) or (3) or 184KN.
53CDefinitions for divisionIn this division—relevant holder, for a subsidence management area, see section 184AB.subsidence activity see section 53B.subsidence management area see section 184AB.53DChief executive may authorise entry to private land(1)The chief executive may authorise the relevant holder to enter the private land to undertake the subsidence activity.(2)The authorisation must—(a)be in writing; and(b)state the private land to which the authorisation relates; and(c)state the period of the authorisation.
(3)The authorisation authorises the relevant holder to—(a)enter the private land to carry out the subsidence activity; and(b)enter other private land adjacent to the land that is reasonably necessary to cross in order to access the land; and(c)undertake the subsidence activity on the land.
(4)This section does not authorise the relevant holder to enter a structure used for residential or agricultural purposes without the consent of the occupier of the structure.Examples of structures used for agricultural purposes—a silo, a shed for agricultural machinery53ERequirement on relevant holder who enters private landIf the relevant holder enters private land under this division, the holder—(a)must not cause, or contribute to, unnecessary damage to any structure or works on the land; and(b)must take all reasonable steps to ensure the holder causes as little inconvenience, and does as little other damage, as is practicable in the circumstances.
53FCompensation for damageThe relevant holder is liable to compensate the owner or occupier of the private land for any cost, damage or loss the owner or occupier incurs that is caused by the holder undertaking a subsidence activity on the land.Division 5Periodic report after entry of land54Report to owners and occupiers(1)This section applies if—(a)private land has been entered to carry out authorised activities for a resource authority; or(b)access land for a resource authority has been entered in the exercise of the access rights over the land.; or(c)private land has been entered to undertake a subsidence activity as provided under division 4A.
(2)The holder of the resource authority must, within the prescribed period, give each owner and occupier of the land a report about the entry.(3)The report must comply with the prescribed requirements for the report.(4)This section does not apply if the entry to the land is for the purpose of carrying out an authorised activity for the resource authority that is aerial surveying carried out at 1,000ft or more above land.Part 3Public landDivision 1Entry to public lands and particular uses of public roads56Application of division(1)This division applies for—(a)an entry to public land; and(b)the use of a public road, other than a notifiable road use.Note—For the obligations of a resource authority holder for a notifiable road use, see division 2.
(2)However, this division does not apply in relation to the following resource authorities under the Mineral Resources Act—(a)a prospecting permit;(b)a mining claim;(c)a mining lease.
57What is a periodic entry notice(1)A periodic entry notice is the first notice about an entry, or series of entries, to public land to carry out an authorised activity for a resource authority.(2)A periodic entry notice must—(a)state the period (the entry period) for which the resource authority holder, or any of the holder’s employees or agents, may enter the land to carry out the authorised activity; and(b)be given to the public land authority no less than the prescribed period before the start of the entry period; and(c)otherwise comply with the prescribed requirements for the notice.
(3)An entry period can not be longer than the prescribed period applying for the entry unless the public land authority agrees in writing to a longer period.(4)A periodic entry notice that does not comply with this section is invalid.58Entry to public land to carry out authorised activity is conditional(1)A person must not enter public land to carry out an authorised activity for a resource authority unless—(a)the activity is an activity that may be carried out by a member of the public without requiring specific approval of the public land authority for the land; orExample—travelling on a public road in the area of the resource authority(b)the public land authority for the land has given a waiver of entry notice for the entry; or(c)the entry is made in compliance with a periodic entry notice given by the resource authority holder to the public land authority for the land under section 57; or(d)the entry is needed to preserve life or property or because of an emergency that exists, or may exist.
Maximum penalty—100 penalty units.(2)A person may comply with subsection (1)(b) or (c) despite merely being an applicant for the resource authority at the time of giving the notice.59Conditions public land authority may impose(1)This section applies if a resource authority holder gives a public land authority a periodic entry notice about an entry to public land to carry out an authorised activity for the resource authority.(2)The public land authority may, for the entry period stated in the notice, impose reasonable and relevant conditions on the resource authority holder about the entry to the public land or the carrying out of the authorised activity.(3)The conditions may, for example, be about—(a)giving the public land authority, at stated intervals, notice of particular activities being carried out on the land by or for the holder; or(b)affecting other owners and occupiers of the public land.
(4)However, if the public land authority imposes a condition about giving the authority further notice of subsequent entries made during the entry period, the condition must require the notice be given—(a)generally—at least 2 business days before the entry; or(b)if the holder and the public land authority have agreed to a longer or shorter period for giving the notice—within the agreed period.
(5)The public land authority can not impose a condition for a resource authority or its relevant environmental authority that is—(a)the same as a condition already applying to the authority; or(b)substantially the same as a condition already applying to the authority; or(c)inconsistent with a condition already applying to the authority.
(6)However, if the public land authority is the chief executive of the department in which the Nature Conservation Act 1992 is administered, that chief executive may impose a condition more stringent than the environmental authority’s conditions.(7)The public land authority may vary any condition it imposes if the condition would otherwise be inconsistent with the requirements under subsection (5).(8)If the public land authority decides—(a)to impose a condition, other than a condition agreed to or requested by the resource authority holder; or(b)to vary a condition, other than a variation agreed to or requested by the resource authority holder;
it must give the holder an information notice about the decision.(9)The resource authority holder must comply with the conditions imposed by the public land authority.Maximum penalty for subsection (9)—100 penalty units.(10)In this section—entry period, for a periodic entry notice, see section 57(2).60Right to give waiver of entry notice(1)A public land authority for land may give a waiver of entry notice for an entry made to the land to carry out an authorised activity for a resource authority.(2)A waiver of an entry notice—(a)is invalid if it does not comply with the prescribed requirements for the notice; and(b)can not be withdrawn during the notified period; and(c)ceases to have effect at the end of the notified period.
(3)In this section—notified period, for a waiver of entry notice, means the period stated in the notice as the period during which the land may be entered.Division 2Notifiable road use61Application of divisionThis division applies to the use of a public road if the use is a notifiable road use.62What is a notifiable road useA notifiable road use, of a public road, is the use of the road as prescribed by regulation.63Use of public roads for notifiable road use(1)A resource authority holder must not use a public road for a notifiable road use unless—(a)the holder has given the public road authority for the road a notice, complying with the prescribed requirements, that the holder proposes to carry out the use; and(b)1 of the following applies—(i)the holder and the relevant public road authority have signed a compensation agreement for the use;(ii)the public road authority has given written consent to the carrying out of the use;(iii)an application has been made under section 100 to decide the holder’s compensation liability to the public road authority relating to the road.
(2)A requirement of a resource authority holder under subsection (1) is taken to be a condition of the resource authority.64Directions about notifiable road use(1)The public road authority for a public road may, by written notice, give a resource authority holder a reasonable direction (a road use direction) about the way the holder may use the road for a notifiable road use.Examples of what a direction may be about—•when the road may be used•the route for the movement of heavy vehicles•safety precautions the holder must take
(2)The road use direction may also require the holder to—(a)carry out an assessment of the impacts likely to arise from a notifiable road use the subject of the notice; and(b)consult with the public road authority in carrying out the assessment.
(3)However—(a)an assessment can not be required if the notifiable road use is transport relating to a seismic survey or drilling activity; and(b)the public road authority can not require an assessment of an impact to the extent it has already been assessed under an EIS under the Environmental Protection Act or a similar document under another Act.
(4)A road use direction is invalid—(a)to the extent it is about more than the following matters—(i)preserving the condition of the road;(ii)the safety of road users or the public; and
(b)if it is not accompanied by, or does not include, an information notice about the decision to give the direction.
(5)Compliance with a road use direction given to a resource authority holder is taken to be a condition of the resource authority.65Exemptions from div 2(1)A resource authority or a project may be prescribed by regulation as being exempt from some or all of the provisions of this division.(2)An exemption prescribed under subsection (1) may include conditions that must be complied with for the exemption to apply.Part 4Restricted landDivision 1PreliminarySubdivision 1Application66Application of partThis part is additional to, and does not limit, parts 2 and 3.Subdivision 2Interpretation67Definitions for partIn this part—prescribed activity, for a resource authority—(a)means an authorised activity for the resource authority that is carried out—(i)on the surface of land; or(ii)below the surface of land in a way that is likely to cause an impact on the surface of the land, including, for example, subsidence of the land; and
(b)does not include—(i)the installation of an underground pipeline or cable if the installation, including the placing of backfill, is completed within 30 days after the start of the installation; or(ii)the operation, maintenance or decommissioning of an underground pipeline or cable; or(iii)an activity that may be carried out on land by a member of the public without requiring specific approval of an entity; or
Example—travelling on a public road in the area of a resource authority(iv)crossing land in order to enter the area of the resource authority if the only entry to the area is through the land and—(A)each owner and occupier of the land has agreed in writing to the resource authority holder crossing the land; or(B)if an owner or occupier of the land has refused to agree to the resource authority holder crossing the land—the refusal is unreasonable having regard to the matters mentioned in section 49(2) and (3); or
(v)an activity prescribed by regulation.
relevant owner or occupier, for restricted land for a resource authority, see section 69.restricted land, for a resource authority, see section 68.68What is restricted land(1)Restricted land, for a production resource authority or exploration resource authority, means—(a)land within 200m laterally of any of the following—(i)a permanent building used for any of the following purposes—(A)a residence;(B)a childcare centre, hospital or library;(C)a community, sporting or recreational purpose or as a place of worship;(D)a business;
(ii)an area used for any of the following purposes—(A)a school;(B)a prescribed ERA, under the Environmental Protection Act, that is aquaculture, intensive animal feedlotting, pig keeping or poultry farming;
(iii)an area, building or structure prescribed by regulation; or
(b)land within 50m laterally of any of the following—(i)an area used for any of the following purposes—(A)an artesian well, bore, dam or water storage facility;(B)a principal stockyard;(C)a cemetery or burial place;
(ii)an area, building or structure prescribed by regulation.
(2)Restricted land, for a resource authority other than a production resource authority or exploration resource authority, means land within 50m laterally of any area, building or structure mentioned in subsection (1).(3)However, despite subsection (1), land is only restricted land for a production resource authority if the use of the area, building or structure mentioned in the subsection started before the application for the resource authority was made.(4)In this section—exploration resource authority means a resource authority that is—(a)an exploration permit or mineral development licence under the Mineral Resources Act; or(b)an authority to prospect under the P&G Act; or(c)an authority to prospect under the 1923 Act; or(d)a geothermal exploration permit under the Geothermal Act; or(e)a GHG exploration permit under the Greenhouse Gas Act.
place of worship means a place used for the public religious activities of a religious association, including, for example, the charitable, educational and social activities of the association.production resource authority means a resource authority that is—(a)any of the following under the Mineral Resources Act—•a mining claim;•a mining lease; or
(b)any of the following under the P&G Act—•a petroleum lease;•a pipeline licence;•a petroleum facility licence; or
(c)a lease under the 1923 Act; or(d)a geothermal production lease under the Geothermal Act; or(e)a GHG injection and storage lease under the Greenhouse Gas Act.
water storage facility—(a)means an artificially constructed water storage facility that is connected to a water supply; and(b)does not include an interconnecting water pipeline.
69Who is a relevant owner or occupierA relevant owner or occupier, for restricted land for a resource authority, is—(a)for restricted land mentioned in section 68(1)(a)(i)—an owner or occupier of the permanent building; or(b)for restricted land mentioned in section 68(1)(a)(ii)—an owner or occupier of the area; or(c)for restricted land mentioned in section 68(1)(a)(iii), (1)(b) or (2)—an owner or occupier of the area, building or structure.
Division 2Entry for particular authorised activities requires consent70Consent required for entry on restricted land(1)A person must not enter restricted land for a resource authority, to carry out a prescribed activity for the resource authority, unless each relevant owner or occupier for the restricted land has given written consent to the resource authority holder to carry out the activity.(2)The consent may be given on conditions.(3)The conditions of the consent are taken to be conditions of the resource authority.(4)The consent can not be withdrawn during the period stated in the consent as the period during which the holder may enter the land.(5)This section does not apply to restricted land for a mining claim or mining lease under the Mineral Resources Act.Division 3Land court declarations72Application to Land Court for declaration(1)A prescribed person may apply to the Land Court for an order declaring the following—(a)whether particular land is restricted land for a resource authority or the Mineral Resources Act, schedule 1, section 2;(b)whether a particular activity is a prescribed activity for a resource authority.
(2)The Land Court must—(a)if an application is made under subsection (1)(a)—make an order declaring whether the land is restricted land for the resource authority or the Mineral Resources Act, schedule 1, section 2; or(b)if an application is made under subsection (1)(b)—make an order declaring whether the activity is a prescribed activity.
(3)The Court may make the other orders the Court considers appropriate.(4)In this section—prescribed person, for land, means—(a)an owner or occupier of the land; or(b)a holder of a resource authority for an area including the land; or(c)a person carrying out, or intending to carry out, an activity on the land under the Mineral Resources Act, section 386V.
Part 4ARehabilitation and environmental management 72AApplication of partThis part applies in relation to all resource authorities.72B Right of access for authorised activities includes access for rehabilitation and environmental management(1)This section applies if—(a)under part 2 or 3, the holder of a resource authority has the right to enter private land or public land to carry out authorised activities for the resource authority; or(b)under the Mineral Resources Act, the holder of a prospecting permit, mining claim or mining lease has the right to enter land to carry out authorised activities for the resource authority.
(2)The right includes a right to enter the land to carry out rehabilitation or environmental management required of the holder under any relevant environmental requirement under the Environmental Protection Act.Part 5Other resource authorities’ authorised areas73Application of part(1)This part applies for a resource authority (the first resource authority) in relation to entry to land that is—(a)outside its authorised area; and(b)in the authorised area of another resource authority (the second resource authority).
(2)However, this part does not apply if the first resource authority is any of the following resource authorities under the Mineral Resources Act—(a)a prospecting permit;(b)a mining claim;(c)a mining lease.
(3)If the land is also private land or public land (including restricted land), this part applies in addition to any obligations under part 2, 3 or 4.74Definitions for partIn this part—first resource authority, for chapter 3part 5, see section 73(1).second resource authority, for chapter 3, part 5, see section 73(1)(b).75Access if second resource authority is a leaseIf the second resource authority is a lease, the first resource authority holder may enter the land only if the second resource authority holder has consented in writing to the entry.76Access if second resource authority is not a lease(1)If the second resource authority is not a lease, the first resource authority holder may do the following without the second resource authority holder’s consent—(a)cross the land if it is reasonably necessary to allow the first resource authority holder to enter the first resource authority’s authorised area;(b)carry out activities on the land that are reasonably necessary to allow the crossing of the land.
(2)However, a right under subsection (1) may be exercised only if its exercise does not adversely affect the carrying out of an authorised activity for the second resource authority.(3)Subsection (2) applies whether or not the authorised activity has already started.Part 6Enduring effect of particular agreements, notices and waivers77Access agreements, entry notices and waivers not affected by dealingA dealing in relation to a resource authority does not affect any of the following—(a)an access agreement made in relation to the resource authority;(b)an entry notice given for the resource authority;(c)a waiver of entry notice made for the resource authority.
78Entry notice and waivers not affected by change in ownership or occupancy(1)If, after the giving of an entry notice under section 39, the ownership or occupancy of the affected land changes, the resource authority holder for which the entry notice was given is taken to have given that notice to each new owner or occupier of the land.(2)If, after the giving of a waiver of entry notice, the ownership or occupancy of the affected land changes, each new owner or occupier of the land is taken to have given that waiver of entry notice.(3)However, subsections (1) and (2) cease to apply for an entry notice or waiver of entry notice if the resource authority holder becomes aware of a new owner or occupier for the affected land and the holder does not give the new owner or occupier a copy of the notice or waiver within 15 business days.79Written access agreement binds successors and assignsA written access agreement binds the parties to the agreement, and each of their successors and assigns.Part 7Compensation and negotiated accessDivision 1Compensation relating to private and public land80Application of divisionThis division does not apply in relation to the following resource authorities under the Mineral Resources Act—(a)a prospecting permit;(b)a mining claim;(c)a mining lease.
81General liability to compensate(1)A resource authority holder is liable to compensate the following persons (each an eligible claimant) for each compensatable effect suffered by the eligible claimant because of the holder—(a)an owner or occupier of private land that is—(i)in the authorised area of the resource authority; or(ii)access land for the resource authority;
(b)an owner or occupier of public land that is—(i)in the authorised area of the resource authority; or(ii)access land for the resource authority.
(2)The resource authority holder’s liability to compensate an eligible claimant under subsection (1) is the resource authority holder’s compensation liability to the eligible claimant.(3)This section does not apply to a public road authority for a notifiable road use.(4)In this section—compensatable effect, suffered by an eligible claimant because of a resource authority holder, means—(a)any of the following caused by the holder, or a person authorised by the holder, carrying out authorised activities on the eligible claimant’s land—(i)deprivation of possession of the land’s surface;(ii)diminution of the land’s value;(iii)diminution of the use made, or that may be made, of the land or any improvement on it;(iv)severance of any part of the land from other parts of the land or from other land that the eligible claimant owns;(v)any cost, damage or loss arising from the carrying out of activities under the resource authority on the land; and
(b)consequential loss incurred by the eligible claimant arising out of a matter mentioned in paragraph (a).
Division 2Conduct and compensation agreementsSubdivision 1Application of division82Application of divisionThis division does not apply in relation to the following resource authorities under the Mineral Resources Act—(a)a prospecting permit;(b)a mining claim;(c)a mining lease.
Subdivision 2Making of conduct and compensation agreement83Conduct and compensation agreement(1)An eligible claimant and a resource authority holder may enter into an agreement (a conduct and compensation agreement) about—(a)how and when the holder may enter the land for which the eligible claimant is an eligible claimant; and(b)how authorised activities, to the extent they relate to the eligible claimant, must be carried out; and(c)the holder’s compensation liability to the claimant or any future compensation liability that the holder may have to the claimant.
(2)However, a conduct and compensation agreement can not be inconsistent with this Act, the relevant Resource Act, a condition of the resource authority or a mandatory provision of the relevant land access code, and is unenforceable to the extent of the inconsistency.(3)A conduct and compensation agreement—(a)may relate to all or part of the liability or future liability; and(b)may be incorporated into another agreement.Example for paragraph (b)—an easement
(4)A conduct and compensation agreement is invalid if it does not comply with the prescribed requirements for the agreement.Subdivision 2AConferences with an authorised officer83AParty may request conference(1)This section applies if a dispute arises about a matter mentioned in section 83(1)(a), (b) or (c).(2)Either the resource authority holder or eligible claimant (each a party) may give a notice (a conference election notice) to the other party requesting the other party to participate in a conference conducted by an authorised officer to seek to negotiate a resolution of the dispute.(3)The conference election notice must state—(a)details of the matters the subject of the dispute; and (b)any other information prescribed by regulation.
(4)However, a conference election notice may not be given under subsection (1) if an ADR election notice or arbitration election notice has already been given about the matters the subject of the dispute.83BConduct of conference(1)This section applies if a conference election notice is given under section 83A.(2)The conference must be conducted under the prescribed requirements.(3)The authorised officer conducting the conference must take all reasonable steps to hold the conference within 20 business days after the conference election notice is given (the usual period).(4)A party may, within the usual period, ask the other party for a longer period because of stated reasonable or unforeseen circumstances.(5)If the parties agree to a longer period, and the authorised officer consents to the longer period, the longer period applies instead of the usual period.(6)If a party gives the other party an ADR election notice, or arbitration election notice, about a matter mentioned in section 83A(3)(a), the conference ends.(7)Nothing said by a person at the conference is admissible in evidence in a proceeding without the person’s consent.Subdivision 3Negotiation and ADR84Notice of intent to negotiate(1)A resource authority holder may give an eligible claimant to whom the holder has a compensation liability a notice (the negotiation notice) that the holder wishes to negotiate a conduct and compensation agreement or a deferral agreement with the eligible claimant.(2)The negotiation notice is invalid if it does not comply with the prescribed requirements for the notice.85Negotiations(1)On the giving of the negotiation notice, the resource authority holder and the eligible claimant (the parties) must use all reasonable endeavours to negotiate a conduct and compensation agreement or a deferral agreement.(2)The period of the negotiations—(a)must be at least for the prescribed period (the minimum negotiation period); and(b)may continue for a longer period agreed to by the parties.
(3)If the parties agree to a longer period, the agreed longer period is the minimum negotiation period.(4)The negotiations under this subdivision end if the parties enter into an opt-out agreement.86No entry to land during minimum negotiation period(1)If, during the minimum negotiation period, the parties enter into a conduct and compensation agreement or a deferral agreement, the resource authority holder can not enter the relevant land to carry out advanced activities for the resource authority until the period ends.(2)Subsection (1) applies despite the terms of the agreement.87Cooling-off during minimum negotiation period(1)This section applies if the parties enter into a conduct and compensation agreement or a deferral agreement during the minimum negotiation period.(2)Either party may, within the minimum negotiation period, terminate the agreement by giving notice to the other party.(3)On the giving of a notice under subsection (2), the terminated agreement is taken never to have had any effect.(4)To remove any doubt, it is declared that subsection (3) does not change the time when the negotiation notice was given.88Party may seekrequire ADR(1)This section applies if, at the end of the minimum negotiation period, the parties have not entered into a conduct and compensation agreement relating to a dispute about a matter mentioned in section 83(1).(2)Either party may give a notice (an ADR election notice) to the other party requiring the other party to participate in a non-binding alternative dispute resolution process (an ADR) to seek to negotiate a resolution of the dispute.(3)For subsection (2), the dispute is resolved by the parties entering into a conduct and compensation agreement.(3)The ADR may be a non-binding process of any type, including, for example, a case appraisal, conciliation, mediation or negotiation. (4)The ADR election notice must state—(a)details of the matters the subject of the dispute; and (b)the type of ADR proposed; and(c)the name of an ADR facilitator, who is independent of both parties, proposed to conduct the ADR; and(d)that the resource authority holder is liable for the costs of the ADR facilitator; and(e)any other information prescribed by regulation.
(54)A party given an ADR election notice must, within 10 business days after the notice is given, accept or refuse the type of ADR, and the ADR facilitator, proposed in the notice.(65)If the party given an ADR election notice does not accept, under subsection (5)subsection (4), the type of ADR or ADR facilitator proposed in the notice, the party giving the notice may make another proposal, or obtain a decision from the Land Court or a prescribed ADR institute, about the matter not accepted.(76)If a party obtains a decision under subsection (6)subsection (5) from the Land Court or a prescribed ADR institute, the party must give the other party notice of the decision.(7)Chapter 7A, part 1, division 2 applies to the ADR.(8)The Civil Proceedings Act 2011, part 6, division 5 applies to an ADR conducted by an ADR facilitator as if—(a)a reference to an ADR process included a reference to the ADR; and(b)a reference to an ADR convenor included a reference to the ADR facilitator.
89Conduct of ADR(1)This section applies if an ADR election notice is given under section 88.(2)The parties must use all reasonable endeavours to negotiate a resolution of the dispute by entering into a conduct and compensation agreement within 30 business days after the ADR facilitator is appointed (the usual period).(3)A party may, within the usual period, ask the other party for a longer period because of stated reasonable or unforeseen circumstances.(4)If the parties agree to a longer period, and the ADR facilitator consents to the longer period, the longer period applies instead of the usual period.(5)Nothing said by a person at the ADR is admissible in evidence in a proceeding without the person’s consent.(6)The resource authority holder is liable for the costs of the ADR facilitator.90Non-attendance at ADR(1)This section applies if—(a)a party given an ADR election notice (the non-attending party) does not attend the ADR; and(b)another party (the attending party) attends the ADR.
(2)The non-attending party is liable to pay the attending party’s reasonable costs of attending.(3)The attending party may apply to the Land Court for an order requiring the payment of the costs.(4)The Land Court may order the payment of the costs only if the court is satisfied the non-attending party did not have a reasonable excuse for not attending.91Recovery of negotiation and preparation costs(1)This section applies if an eligible claimant necessarily and reasonably incurs negotiation and preparation costs in entering or seeking to enter into a conduct and compensation agreement or deferral agreement with a resource authority holder.(2)The resource authority holder is liable to pay to the eligible claimant the negotiation and preparation costs necessarily and reasonably incurred. Subdivision 3AArbitration91AParty may request arbitration(1)This section applies if—(a)a party has given a negotiation notice under section 84 to another party seeking to negotiate the resolution of a dispute and at the end of the minimum negotiation period, the parties have not negotiated a conduct and compensation agreement or deferral agreement; or(b)a party has given an ADR election notice under section 88 to another party seeking to negotiate the resolution of a dispute and at the end of the ADR period applying under section 89(2) or (4)for the ADR, the parties have not entered into a conduct and compensation agreement.
(2)Either party may give a notice (an arbitration election notice) to the other party requesting the other party to participate in an arbitration to decide the dispute.(3)The arbitration election notice must state—(a)details of the matters the subject of the dispute; and (b)the name of an arbitrator, who is independent of both parties, proposed to conduct the arbitration; and(c)that, if the request for arbitration is accepted, an application to the Land Court under section 96 for a decision about the dispute can not be made; and(d)that the costs of the arbitration are payable by the parties as mentioned in section 91E; and(f)any other information prescribed by regulation.
(43)A party given an arbitration election notice must, within 15 business days after the notice is given, accept or refuse the request for arbitration. (4)If a party given an arbitration election notice does not accept the request for arbitration within 15 business days after the notice is given, the party is taken to refuse the request.(5)If the request for arbitration is accepted under subsection (4)subsection (3), the parties may, within 10 business days after the acceptance, jointly appoint the arbitrator proposed under subsection (3)(b)in the arbitration election notice, or another arbitrator, to conduct the arbitration.(6)If the parties do not, under subsection (5), jointly appoint an arbitrator, the party giving the arbitration election notice must require a prescribed arbitration institute to appoint an arbitrator, who is independent of both parties, to conduct the arbitration.(7)A prescribed arbitration institute does not incur any civil monetary liability for an act or omission in the performance, or purported performance, of a function under subsection (6) unless the act or omission is done or made in bad faith or through negligence.(8)Chapter 7A, part 2, division 2 applies to the arbitration.91BArbitrator’s functions(1)The arbitrator has authority to decide the dispute by the issuance of an award.(2)However, the arbitrator may decide a matter the subject of the dispute only to the extent it is not subject to a conduct and compensation agreement between the parties.(3)The award must be made within 6 months after the appointment of the arbitrator.91DApplication of Commercial Arbitration Act 2013The Commercial Arbitration Act 2013 applies to the arbitration to the extent it is not inconsistent with this subdivision.91ECosts of arbitration(1)If, before the appointment of the arbitrator, the parties have not participated in an ADR about the dispute, the resource authority holder is liable to pay the fees and expenses of the arbitrator. (2)If, before the appointment of the arbitrator, the parties have participated in an ADR about the dispute, the parties are liable to pay the fees and expenses of the arbitrator in equal shares unless the parties agree, or the arbitrator decides, otherwise.(3)Other than as provided under subsection (1) or (2), each party to an arbitration must bear the party’s own costs for the arbitration unless the parties agree, or the arbitrator decides, otherwise.91FEffect of arbitrator’s decision(1)The arbitrator’s decision is final.(2)The parties may not apply for review of, or appeal against, the decision.(3)The arbitrator’s decision does not limit or otherwise affect a power of the Supreme Court to decide a decision of the arbitrator is affected by jurisdictional error.(4)The arbitrator’s decision has the same effect as if the parties had entered into a binding and enforceable agreement to the same effect as the decision.Subdivision 4Recording particular agreements92Particular agreements to be recorded on titles(1)A resource authority holder that is a party to either of the following agreements must, within 28 days after entering into the agreement, give the registrar notice of the agreement in the appropriate form—(a)a conduct and compensation agreement;(b)an opt-out agreement.
(2)If given a notice under subsection (1), the registrar must record in the relevant register the existence of the agreement.(3)Subsection (4) applies if—(a)the agreement ends; or(b)the land the subject of the agreement is subdivided, in whole or part, and the agreement does not apply to land within a new lot that is created as a result of the subdivision.
(4)The resource authority holder that is a party to the agreement must give the registrar notice of the matter in the appropriate form within 28 days after—(a)if subsection (3)(a) applies—the agreement ends; or(b)if subsection (3)(b) applies—the day the resource authority holder becomes aware the land has been subdivided.
(5)If the registrar is given a notice under subsection (4) in relation to an agreement that has ended, the registrar must, if satisfied the agreement has ended or is no longer relevant for the land, remove the particulars of the agreement from the relevant register.(6)If the registrar is given a notice under subsection (4) in relation to the subdivision of land, the registrar must, if satisfied the agreement is not relevant for a new lot created by the subdivision, remove the particulars of the agreement from the relevant register to the extent it relates to the new lot.(7)The registrar must also remove the particulars of the agreement from the relevant register if—(a)requested to do so, in the appropriate form, by a party to the agreement; and(b)the registrar is satisfied the agreement has ended or is no longer relevant for the land.
(8)A resource authority holder complying with subsection (1) or (4) is liable for the costs of recording the agreement in, or removing the agreement from, the relevant register.(9)A notice given under this section is invalid if it does not comply with the prescribed requirements for the notice.(10)A requirement of a resource authority holder under subsection (1) or (4) is a condition of the resource authority.(11)In this section—appropriate form—(a)if the agreement relates to land to which the Land Title Act 1994 applies—see schedule 2 of that Act;(b)if the agreement relates to land to which the Land Act 1994 applies—see schedule 6 of that Act.
party, to a conduct and compensation agreement or opt-out agreement, includes the successors and assigns of the party that are bound by the agreement under chapter 3, part 7, division 5.registrar means the registrar of titles under the Land Title Act 1994.relevant register means—(a)for freehold land—the freehold land register; or(b)for any other land—the registry under section 275 of the Land Act 1994.
Subdivision 5ADR about particular costs and material changes in circumstances92AParty may seek ADR(1)This section applies if a dispute arises between a resource authority holder and an eligible claimant (the parties) about—(a)the payment of negotiation and preparation costs under section 91; or(b)whether the compensation liability or future compensation liability of the resource authority holder to the eligible claimant, agreed to under a conduct and compensation agreement or decided by the Land Court, has been affected by a material change in circumstances since the agreement or decision.
(2)Either party may give an ADR election notice to the other party asking the other party to participate in ADR to seek to negotiate a resolution of the dispute.(3)A party given an ADR election notice must, within 10 business days after the notice is given, accept or refuse the request for ADR.(4)If a party given an ADR election notice does not accept the request for ADR within 10 business days after the notice is given, the party is taken to refuse the request.(5)If the request for ADR is accepted under subsection (3), the parties may, within 10 business days after the acceptance, jointly appoint the ADR facilitator proposed in the ADR election notice, or another ADR facilitator, to conduct the ADR.(6)Chapter 7A, part 1, division 2 applies to the ADR.Division 3Compensation for notifiable road uses93Liability to compensate public road authority(1)A resource authority holder is liable to compensate the public road authority for a public road for any cost, damage or loss the authority incurs or will incur that is or will be caused by notifiable road uses carried out by the holder that relate to the road.Examples of a possible cost for subsection (1)—•repair costs to rectify damage to the road caused or that will be caused by any of the uses•capital costs for unplanned upgrades of the road incurred or that will be incurred because of any of the uses•bring-forward costs, including interest charges, for a planned upgrade of the road that because of any of the uses is or will be required earlier than planned
(2)The resource authority holder’s liability under subsection (1) is the holder’s compensation liability to the public road authority.(3)The compensation liability—(a)applies whether or not the holder has given notice of the use; and(b)is in addition to and does not limit or otherwise affect the holder’s liability under another provision of this Act about compensating the public road authority or anyone else.
94Road compensation agreement(1)A resource authority holder and the public road authority for a public road may enter into an agreement (a road compensation agreement) about the holder’s compensation liability to the public road authority.(2)A road compensation agreement is invalid if it does not comply with the prescribed requirements for the agreement.Division 4Land Court jurisdictionSubdivision 1Conduct and compensation 96Party may apply to Land Court(1)This section applies if—(a)a party has given an ADR election notice under section 88 to another party seeking to negotiate the resolution of a dispute; and(b)at the end of the period applying under section 89(2) or (4) for negotiating a resolution of the dispute, the parties have not entered into a conduct and compensation agreement; and(c)an arbitration election notice about the dispute has not been given, or a request for arbitration about the dispute has not been accepted under section 91A(4), by the parties.(b)at the end of the ADR period for the ADR, the parties have not entered into a conduct and compensation agreement; and(c)the dispute is not the subject of arbitration under chapter 7A, part 2, division 2.
(2)Either party may apply to the Land Court to decide the dispute.(3)However, the Land Court may decide the liability or future liability only to the extent it is not subject to a conduct and compensation agreement between the parties.96AApplications may be heard together(1)This section applies if an eligible claimant has brought a proceeding in the Land Court for the payment by a resource authority holder of compensation under the Environmental Protection Act.(2)The Land Court may hear together the application and an application under section 96 by the eligible claimant or resource authority holder if the Land Court considers it desirable in the interests of justice.96BNegotiation and preparation costs(1)A party may apply to the Land Court for— (a)a declaration that all or part of stated costs are payable under section 91; or(b)if the party is an eligible claimant—an order requiring the payment of negotiation and preparation costs under section 91.
(2)The Land Court may, in a proceeding mentioned in subsection (1) or a proceeding brought under section 96, make a declaration about, or an order for the payment of, negotiation and preparation costs under section 91.(3)However, if the costs are the costs of an agronomista relevant specialist, the Land Court can not make an order or declaration in relation to the costs unless the agronomistrelevant specialist is appropriately qualified to perform the function for which the costs are incurred.97Orders Land Court may make(1)The Land Court may make any order it considers appropriate to enable or enforce its decision on an application under this part.(2)Without limiting subsection (1), the Land Court may order—(a)non-monetary compensation as well as monetary compensation; or(b)that a party not engage in particular conduct; or(c)that the parties engage in further ADR.
(3)In considering whether to make an order under subsection (2)(c), the Land Court may have regard to the behaviour of the parties in the process leading to the application.Subdivision 2Additional jurisdiction98Additional jurisdiction for compensation, conduct and related matters(1)This section applies to a resource authority holder and an eligible claimant (the parties) if any of the following apply—(a)the holder has carried out a preliminary activity;(b)there is a conduct and compensation agreement or deferral agreement between the parties.
(2)The Land Court may do all or any of the following—(a)assess all or part of the relevant resource authority holder’s compensation liability to the eligible claimant;(b)decide a matter related to the compensation liability;(c)declare whether or not a proposed authorised activity for the relevant resource authority would, if carried out, interfere with the carrying out of lawful activities by the eligible claimant;(d)make any order it considers necessary or desirable for a matter mentioned in paragraph (a), (b) or (c).Example—The Land Court declares that a particular proposed authorised activity interferes with the carrying out of lawful activities by the eligible claimant. It may also order that a stated modification of, or reduction in, the activity would remove the interference.
99Jurisdiction to impose or vary conditions(1)In deciding a matter mentioned in section 98(2), the Land Court may—(a)impose any condition it considers appropriate for the exercise of the parties’ rights; or(b)vary any existing condition under an agreement between the parties.
(2)The variation may be made on any ground the Land Court considers appropriate.(3)The imposed or varied condition is taken to be—(a)if there is an agreement between the parties—a condition of the agreement; or(b)if there is no agreement between the parties—an agreement between the parties.
(4)In this section—agreement means a conduct and compensation agreement.condition means a condition of or for a conduct and compensation agreement.99AJurisdiction to decide alleged breach of conduct and compensation agreement(1)Subsection (2) applies if a party to a conduct and compensation agreement believes the other party has breached a condition of the agreement.(2)The party may apply to the Land Court for an order about the alleged breach.(3)An application may be made during the term, or after the end, of the agreement.(4)The Land Court may make any order it considers appropriate on an application under this section.(5)In this section—conduct and compensation agreement means a conduct and compensation agreement for which the minimum negotiation period has ended.party, to a conduct and compensation agreement, means—(a)the following persons who entered into the agreement—(i)the resource authority holder;(ii)the owner or occupier of private land; or
(b)the successors and assigns of a party mentioned in paragraph (a) that are bound by the agreement under division 5.
Subdivision 3Compensation for notifiable road use100Deciding compensation by Land Court(1)Either of the following entities may apply to the Land Court for the Court to decide a resource authority holder’s compensation liability to a public road authority—(a)the public road authority;(b)the resource authority holder.
(2)However, the Land Court may decide the compensation liability only to the extent it is not subject to a road compensation agreement.(3)In making the decision, the Land Court may have regard to—(a)all prescribed criteria relating to the public road authority, resource authority and notifiable road use; and(b)whether the applicant has attempted to mediate or negotiate the compensation liability; and(c)any other matter the Court considers relevant to making the decision.
Subdivision 4Later review of compensation by Land Court101Review of compensation by Land Court(1)This section applies if—(a)the compensation liability or future compensation liability of a resource authority holder to either of the following has been agreed to under a compensation agreement or decided by the Land Court (the original compensation)—(i)an eligible claimant;(ii)a public road authority; and
(b)there has been a material change in circumstances (the change) since the agreement or decision.
(2)The following may apply to the Land Court for a review of the original compensation—(a)the resource authority holder;(b)the eligible claimant;(c)the public road authority.
(3)In carrying out the review, the Land Court may review the original compensation only to the extent it is affected by the change.(4)If the Land Court considers the original compensation is not affected by the change, it must not carry out or continue with the review.(5)The Land Court may, after carrying out the review, decide to confirm the original compensation or amend it in a way the Court considers appropriate.(6)In making the decision, the Land Court must have regard to—(a)all criteria prescribed by regulation applying for the compensation; and(b)whether the applicant has attempted to mediate or negotiate the compensation liability; and(c)any other matter the Court considers relevant to making the decision.
(7)If the decision is to amend the original compensation, the original compensation as amended under the decision is, for this Act, taken to be the original compensation.(8)In this section—compensation agreement means—(a)a conduct and compensation agreement; or(b)a road compensation agreement.
Division 5Successors and assigns101A Agreement binding on successors and assigns(1)This section applies to each of the following agreements—(a)a conduct and compensation agreement;(b)an opt-out agreement;(c)a road compensation agreement.
(2)The agreement binds the parties to the agreement, and each of their successors and assigns. 101B Land Court decision binding on successors and assigns(1)This section applies to a decision of the Land Court under division 4.(2)The decision binds the parties in the proceeding that led to the decision, and each of their successors and assigns. 101C Arbitrator’s decision binding on successors and assigns(1)This section applies to a decision of an arbitrator under division 2, subdivision 3A.(2)The decision binds the parties to the arbitration that led to the decision, and each of their successors and assigns. Part 8Conferences held by authorised officer101D Notice of concern may be given to authorised officer(1)An owner or occupier of land that may be affected by a resource authority may give notice to an authorised officer of any of the following concerns relating to the resource authority—(a)a concern about the authority of the resource authority holder to enter or be on the land; (b)a concern about activities of the resource authority holder that may affect the land; (c)a concern about the conduct of the resource authority holder.
(2)A resource authority holder may give notice to an authorised officer of a concern involving the holder and an owner or occupier of land.(3)For subsection (1), a resource authority holder includes a person acting, or purporting to act, for a resource authority holder or for a purpose relating to a resource authority.101E Authorised officer may call conference(1)This section applies if an authorised officer—(a)receives under section 101D notice of a concern relating to a resource authority; or(b)is aware of a concern about a resource authority.
(2)The authorised officer may ask any of the following persons (each a party) to participate in a conference conducted by the authorised officer to discuss the concern—(a)the resource authority holder;(b)an owner or occupier of land that may be affected by the resource authority; (c)another person interested in the concern.
101F Conduct of conference(1)This section applies if an authorised officer asks a party to participate in a conference under section 101E(2).(2)The conference must be conducted under the prescribed requirements.(3)In conducting the conference, the authorised officer must endeavour to help the parties reach an early and inexpensive settlement of the concern the subject of the conference.(4)If a party does not attend the conference—(a)the authorised officer may continue to conduct the conference; and(b)a party who attends the conference may apply to the Land Court for an order requiring a party who did not attend the conference to pay the attending party’s reasonable costs of attending.
(5)The Land Court must not order a party to pay costs under subsection (4)(b) if the party had a reasonable excuse for not attending the conference.(6)If the Land Court makes an order under subsection (4)(b), the Land Court must decide the amount of the costs.(7)Nothing said by a person at the conference is admissible in evidence in a proceeding without the person’s consent.(8)If parties asked to participate in the conference make an agreement about the concern the subject of the conference, the agreement must be written and signed by the parties.(9)In this section—party see section 101E(2).Chapter 4Overlapping coal and petroleum resource authoritiesPart 1PreliminaryDivision 1Purposes of chapter102Main purposes of chapter(1)The main purposes of this chapter are to—(a)facilitate the co-existence of the State’s coal and coal seam gas industries; and(b)ensure that participants in each of the industries co-operate to optimise the development and use of the State’s coal and coal seam gas resources to maximise the benefit for all Queenslanders; and(c)establish a statutory framework that applies if the participants do not otherwise agree.
(2)The main purposes are achieved by—(a)removing barriers to the grant of resource authorities for coal and coal seam gas production; and(b)allowing a right of way for coal production subject to notice and compensation requirements; and(c)imposing ongoing obligations on participants in each of the industries to exchange relevant information; and(d)providing for participants in each of the industries to negotiate arrangements as an alternative to particular legislative requirements.
Division 2Interpretation103Definitions for chapterIn this chapter—18 months notice, for an ML (coal), see section 122.abandonment date see section 129(2)(b).acceleration notice see section 128(2).advance notice, for an ML (coal), see section 121.agreed joint development plan means—(a)an agreed joint development plan for which a notice has been given to the chief executive under section 130 or 142; or(b)if an agreed joint development plan is amended by the resource authority holders under section 133 or 146—the agreed joint development plan as amended; or(c)if an agreed joint development plan is required to be amended by the Minister under section 174C—the agreed joint development plan as required to be amended by the Minister; or(d)if an agreed joint development plan is arbitrated as an agreed joint development plan under chapter 5, part 3—the agreed joint development plan as arbitrated.
arbitration, of a dispute, means arbitration of the dispute under chapter 5, part 3.area means—(a)of a coal resource authority—the area of the coal resource authority under the Mineral Resources Act; or(b)of a petroleum resource authority—the area of the petroleum resource authority under the P&G Act.
ATP means authority to prospect (csg).ATP major gas infrastructure, for an ATP, see section 166.authority to prospect (csg) means an authority to prospect granted under the P&G Act, if the intention of the holder is to explore and test for coal seam gas.coal mine see the Coal Mining Safety and Health Act 1999.coal mining operations see the Coal Mining Safety and Health Act 1999.coal resource authority means—(a)an exploration permit (coal); or(b)a mineral development licence (coal); or(c)a mining lease (coal).
coal seam gas is a substance (in any state) occurring naturally in association with coal, or with strata associated with coal mining, if the substance is petroleum under the P&G Act.column 1 resource authority means a coal resource authority or petroleum resource authority listed in column 1 of a table in this chapter.column 2 resource authority means a coal resource authority or petroleum resource authority listed in column 2 of a table in this chapter.compensation liability—(a)of an ML (coal) holder to a PL holder—see section 167(3); or(b)of an ML (coal) holder to an ATP holder—see section 168(3).
concurrent notice see section 149(2).confirmation notice, for an ML (coal), see section 123.corresponding column 1 resource authority, for a column 2 resource authority, means the column 1 resource authority opposite the column 2 resource authority in a table in this chapter.corresponding column 2 resource authority, for a column 1 resource authority, means a column 2 resource authority opposite the column 1 resource authority in a table in this chapter.diluted incidental coal seam gas see section 136.EP (coal), for part 3, see section 139.exceptional circumstances notice see section 127.exploration permit (coal) means an exploration permit for coal granted under the Mineral Resources Act.FMA see section 110.future mining area see section 110.holder, of a coal resource authority or petroleum resource authority, means—(a)for a coal resource authority—the person who is the holder of the resource authority under the Mineral Resources Act; or(b)for a petroleum resource authority—the person who is the holder of the resource authority under the P&G Act.
IMA see section 109.incidental coal seam gas means coal seam gas able to be mined by an ML (coal) holder under the Mineral Resources Act.initial mining area see section 109.joint development plan means a proposed joint development plan or an agreed joint development plan.joint occupancy, of a SOZ for an IMA or RMA, see section 114.lost production see section 162.MDL (coal), for part 3, see section 139.mineral development licence (coal) means a mineral development licence for coal granted under the Mineral Resources Act.mining commencement date, for an IMA or RMA, see section 115.mining lease (coal) means a mining lease for coal granted under the Mineral Resources Act.ML (coal)—(a)generally—means a mining lease (coal); or(b)for part 3—see section 139.
ML (coal) holder—(a)generally—see section 105; or(b)for part 3—see section 139.
overlapping area see section 104.petroleum see the P&G Act.petroleum lease (csg) means a petroleum lease granted under the P&G Act if coal seam gas is proposed to be produced under the lease.petroleum production notice see section 141(1).petroleum resource authority—(a)generally, means—(i)an authority to prospect (csg); or(ii)a petroleum lease (csg); or
(b)for part 2, see section 118.
petroleum well has the meaning given by the P&G Act.PL—(a)generally—means a petroleum lease (csg); or(b)for part 3—see section 139.
PL connecting infrastructure, for a PL, see section 165.PL holder—(a)generally—see section 106; or(b)for part 3—see section 139.
PL major gas infrastructure, for a PL, see section 163.PL minor gas infrastructure, for a PL, see section 164.proposed joint development plan means—(a)for part 2, division 2—a proposed plan for development of an overlapping area that includes the matters mentioned in section 130(3); or(b)for part 3—a proposed plan for development of an overlapping area that includes the matters mentioned in section 142(3).
reconciliation payment see section 172(2)(a) and (c)(i).relevant matter, in relation to a joint development plan, means—(a)for a joint development plan under part 2, division 3—a matter mentioned in section 130(3); or(b)for a joint development plan under part 3—a matter mentioned in section 142(3).
replace, for part 6, division 2, see section 161.replacement gas see section 172(2)(b) and (c)(ii).resource authority means a coal resource authority or a petroleum resource authority.RMA see section 111.RMA notice, for an ML (coal), see section 125.rolling mining area see section 111.simultaneous operations zone, for an IMA or RMA, see section 112.site senior executive, for a coal mine, see the Coal Mining Safety and Health Act 1999.sole occupancy, of an IMA or RMA, see section 113.SOZ see section 112.surface mine see the Coal Mining Safety and Health Act 1999.underground mine see the Coal Mining Safety and Health Act 1999.undiluted incidental coal seam gas see section 136.104What is an overlapping area(1)An overlapping area is land that is the subject of both a column 1 resource authority and a corresponding column 2 resource authority for the column 1 resource authority.(2)However, land is an overlapping area only if the column 1 resource authority was granted after the corresponding column 2 resource authority was granted.(3)A reference to an overlapping area includes, if the circumstances permit, an area that will become an overlapping area when a column 1 resource authority that has been applied for is granted.(4)Even if subsections (1) to (3) do not apply to make land an overlapping area, land is an overlapping area if it is the subject of both a coal resource authority and a petroleum resource authority.105What is an ML (coal) holder(1)An ML (coal) holder is the holder of an ML (coal).(2)A reference to an ML (coal) holder includes, if the circumstances permit, an EP (coal) holder or MDL (coal) holder who is an applicant for an ML (coal).106What is a PL holder(1)A PL holder is the holder of a PL.(2)A reference to a PL holder includes, if the circumstances permit, an applicant for a PL.107Extended meaning of ML (coal) and PLFor this chapter, a reference to an ML (coal) or a PL includes, if the circumstances permit, a reference to an ML (coal) or PL that has been applied for but has not been granted.Division 3Other key provisions108Purpose of divisionThis division contains definitions and other provisions relevant to the operation of this chapter.109What is an initial mining area or IMA(1)An initial mining area, or IMA, is an area in an overlapping area, identified by an ML (coal) holder, for which the ML (coal) holder requires sole occupancy to carry out authorised activities for the ML (coal).(2)The total area that may be identified as an IMA is the minimum area that is reasonably considered to be required for 10 years of safe mining.(3)An IMA may be a single area, or a number of separate areas, each of which is an IMA.110What is a future mining area or FMA(1)A future mining area, or FMA, is an area in an overlapping area, identified by an ML (coal) holder, in which the ML (coal) holder intends to carry out authorised activities for the ML (coal) as mining operations advance outside the IMA.(2)An FMA must be contiguous with an IMA.111What is a rolling mining area or RMA(1)A rolling mining area, or RMA, is an area in an overlapping area, identified by an ML (coal) holder, for which the ML (coal) holder requires sole occupancy to carry out authorised activities for the ML (coal).(2)The total area that may be identified as an RMA is the minimum area that is reasonably considered to be required for 1 year of safe mining.(3)An RMA must be within an FMA.(4)Each RMA must be considered on a sequential, year by year basis.(5)An RMA for a particular year must not be more than 10% of the total of the areas that are an IMA or FMA in the overlapping area.112What is a simultaneous operations zone or SOZThe simultaneous operations zone, or SOZ, for an IMA or RMA, is an area in an overlapping area, contiguous with an IMA or RMA, in relation to which safety and health arrangements for the co-existence of an ML (coal) and a petroleum resource authority are reasonably considered to be required.113What is sole occupancy(1)If an ML (coal) holder has sole occupancy of an IMA or RMA, to the extent the ML (coal) is for a surface mine—(a)the ML (coal) holder may carry out any authorised activity for the ML (coal) in the IMA or RMA; and(b)the holder of a corresponding column 2 resource authority for the ML (coal) may not carry out any authorised activity for the authority in the IMA or RMA.
(2)If an ML (coal) holder has sole occupancy of an IMA or RMA, to the extent the ML (coal) is for an underground mine—(a)the ML (coal) holder may carry out any authorised activity for the ML (coal) in the IMA or RMA; and(b)the holder of a corresponding column 2 resource authority for the ML (coal) may carry out an authorised activity for the authority in the IMA or RMA unless the site senior executive for the underground mine directs the holder not to carry out the authorised activity for the purpose of facilitating safety and health arrangements for the co-existence of an ML (coal) and a petroleum resource authority that are reasonably considered to be required.
(3)The ML (coal) holder’s sole occupancy of an IMA or RMA does not limit the right of the corresponding column 2 resource authority holder to carry out authorised activities for the authority within the overlapping area but outside the IMA or RMA.(4)If the corresponding column 2 resource authority is a PL, and it is necessary for PL major gas infrastructure for the PL on an IMA or RMA to be replaced, the PL holder is not required to abandon the use of the infrastructure on the IMA or RMA until replacement PL major gas infrastructure has been constructed and commissioned, and is in operation.114What is joint occupancyIf an ML (coal) holder and the holder of a corresponding column 2 resource authority for the ML (coal) have joint occupancy of a SOZ for an IMA or RMA—(a)the ML (coal) holder may carry out authorised activities for the ML (coal) in the SOZ subject to any safety and health arrangements for the co-existence of an ML (coal) and a petroleum resource authority that are reasonably considered to be required; and(b)the holder of the corresponding column 2 resource authority for the ML (coal) may carry out authorised activities for the authority subject to any safety and health arrangements for the co-existence of an ML (coal) and a petroleum resource authority that are reasonably considered to be required.
115What is the mining commencement date(1) The mining commencement date, for an IMA or RMA in an overlapping area, is—(a)the date, identified by a coal resource authority holder for the overlapping area, for starting to carry out authorised activities for the coal resource authority in the IMA or RMA; or(b)if the resource authority holders for the overlapping area agree in writing to change the date mentioned in paragraph (a) for an IMA or RMA—the new agreed date; or(c)if the date mentioned in paragraph (a) or (b) for an IMA or RMA is changed under section 127, 128, 142A, 241A or by arbitration—the new changed date.
(2)For subsection (1)(a), the date identified by an ML (coal) holder for an IMA must be—(a)if the corresponding column 2 resource authority for the ML (coal) is an ATP—at least 18 months after the date on which the advance notice for the ML (coal) is given; or(b)if the corresponding column 2 resource authority for the ML (coal) is a PL—at least 11 years after the date on which the advance notice for the ML (coal) is given.
(3)For subsection (1)(a), the date identified by an ML (coal) holder for an RMA must be—(a)for the first RMA in an overlapping area—at least 10 years after the mining commencement date for the IMA to which the RMA is contiguous; and(b)for each subsequent RMA in the overlapping area—at least 1 year after the mining commencement date for the immediately preceding RMA.
Division 4Mandatory requirements117Mandatory requirements for participants(1)The following provisions apply for all overlapping areas—(a)section 121;(b)section 127(8)(b);(c)part 2, division 3;(d)parts 3 and 4;(e)part 5, other than section 153;(f)part 6, division 1;(g)chapter 5, part 2.
(2)The resource authority holders for an overlapping area may agree that provisions of this chapter, other than the provisions mentioned in subsection (1), do not apply for the overlapping area.Part 2Right of way for coalDivision 1Preliminary118Definitions for partIn this part—petroleum resource authority means a corresponding column 2 resource authority, for a column 1 resource authority, mentioned in the table for part 2.petroleum resource authority holder means the holder of a petroleum resource authority.119Table for partThe following table applies for this part—Column 1Column 2
mining lease (coal)either of the following—(a)authority to prospect (csg);(b)petroleum lease (csg)
Division 2Sole occupancy120Sole occupancy of IMA(1)An ML (coal) holder has sole occupancy of an IMA for an overlapping area the subject of the ML (coal) from the mining commencement date for the IMA, but only if the ML (coal) holder has given each petroleum resource authority holder the notices mentioned in subsection (2) or (3) as required under this division.(2)If the petroleum resource authority is an ATP, the notices are—(a)an advance notice for the ML (coal); and(b)an 18 months notice for the ML (coal).
(3)If the petroleum resource authority is a PL, the notices are—(a)an advance notice for the ML (coal); and(b)a confirmation notice for the ML (coal).
121Advance notice(1)An advance notice, for an ML (coal), is a notice that—(a)states that the ML (coal) holder has applied for the grant of the ML (coal); and(b)includes a copy of the application for the ML (coal), other than any statement detailing the applicant’s financial and technical resources; and(c)if the petroleum resource authority is an ATP—identifies any IMA or RMA in the overlapping area, and the mining commencement date for the IMA or RMA; and(d)if the petroleum resource authority is a PL—includes a joint development plan for the overlapping area the subject of the ML (coal); and(e)includes any other information prescribed by regulation.
(2)An advance notice must be given to a petroleum resource authority holder within 10 business days after the day the ML (coal) holder applies for the grant of the ML (coal).12218 months notice(1)An 18 months notice, for an ML (coal), is a notice that—(a)states that the ML (coal) holder has applied for the grant of the ML (coal) and intends to start carrying out authorised activities for the ML (coal) in an IMA in an overlapping area the subject of the ML (coal); and(b)states the mining commencement date for the IMA; and(c)includes any other information prescribed by regulation.
(2)An 18 months notice must be given to an ATP holder at least 18 months before the mining commencement date for the IMA.(3)Subject to subsection (2)—(a)an 18 months notice may be given at the same time as an advance notice; or(b)an 18 months notice and an advance notice may be given as a combined notice.
123Confirmation notice(1)A confirmation notice, for an ML (coal), is a notice that—(a)states that the ML (coal) holder intends to start carrying out authorised activities for the ML (coal) in an IMA in an overlapping area the subject of the ML (coal); and(b)states the mining commencement date for the IMA; and(c)confirms the ML (coal) holder will start coal mining operations in the IMA on the date stated under paragraph (b) for the IMA; and(d)includes any other information prescribed by regulation.
(2)A confirmation notice must be given to a PL holder at least 18 months, but no more than 2 years, before the date stated under subsection (1)(b) for the IMA.124Sole occupancy of RMAAn ML (coal) holder has sole occupancy of each RMA for an overlapping area the subject of the ML (coal) from the mining commencement date for the RMA, but only if the ML (coal) holder has given each petroleum resource authority holder an RMA notice for the ML (coal) as required under this division.125RMA notice(1)An RMA notice, for an ML (coal), is a notice that—(a)states that the ML (coal) holder intends to start carrying out authorised activities for the ML (coal) in an RMA in an overlapping area the subject of the ML (coal); and(b)states the mining commencement date for the RMA; and(c)confirms the ML (coal) holder will start coal mining operations in the RMA on the date stated under paragraph (b) for the RMA; and(d)includes any other information prescribed by regulation.
(2)An RMA notice must be given to a petroleum resource authority holder at least 18 months before the date stated under subsection (1)(b) for the RMA.126Joint occupancy of SOZAn ML (coal) holder and a petroleum resource authority holder have joint occupancy of a SOZ for an IMA or RMA for an overlapping area from the mining commencement date for the IMA or RMA.127Exceptional circumstances notice may be given by petroleum resource authority holder(1)This section applies if—(a)a petroleum resource authority holder—(i)has received an advance notice for an ML (coal); or(ii)has received a proposal, under section 133 or 146, to amend an agreed joint development plan to change the size or location of, or the mining commencement date for, an IMA or RMA, but has not yet agreed to the proposal; and
(b)the holder considers an extension of the period (the relevant period) before the ML (coal) holder may carry out authorised activities for the ML (coal) in the IMA or RMA is justified because of the following exceptional circumstances—(i)there are high performing petroleum wells or fields in the IMA or RMA;(ii)the relevant period is not sufficient to allow for production of petroleum from the high performing wells or fields at the prescribed threshold.
(2)The petroleum resource authority holder may give the ML (coal) holder a notice (an exceptional circumstances notice) stating—(a)the exceptional circumstances justifying the extension mentioned in subsection (1)(b); and(b)the petroleum resource authority holder’s preferred mining commencement date, which must not be more than 5 years after the mining commencement date for the IMA or RMA; and(c)any other information prescribed by regulation.
(3)However, if subsection (1)(a)(i) applies, the exceptional circumstances notice must be given within 3 months after the petroleum resource authority holder receives the advance notice.(4)The exceptional circumstances notice must be accompanied by technical data, including, for example, data about production modelling, justifying the preferred mining commencement date.(5)The ML (coal) holder must, within 3 months after receiving the exceptional circumstances notice, give the petroleum resource authority holder a notice stating whether the ML (coal) holder accepts the petroleum resource authority holder’s preferred mining commencement date.(6)If the ML (coal) holder does not accept the petroleum resource authority holder’s preferred mining commencement date under subsection (5), or claims that exceptional circumstances justifying the extension do not exist, the petroleum resource authority holder may apply for arbitration of the dispute.(7)Despite subsection (6), the petroleum resource authority holder and the ML (coal) holder may jointly apply for arbitration of the dispute at any time.(8)If an ML (coal) holder accepts an ATP holder’s preferred mining commencement date for an IMA or RMA under subsection (5) (the new date), or a new mining commencement date for an IMA or RMA is established by arbitration (also the new date)—(a)the new date applies as the mining commencement date for the IMA or RMA, including if a PL is granted in relation to the ATP; and(b)within 20 business days after the new date is accepted or established, the ML (coal) holder must give the chief executive a written notice stating—(i)that exceptional circumstances justifying a new mining commencement date have been accepted by the ML (coal) holder or established by arbitration; and(ii)the new mining commencement date; and(iii)any other information prescribed by regulation.
(9)In this section—prescribed threshold means the threshold for production of petroleum that is prescribed by regulation.128Acceleration notice may be given by ML (coal) holder(1)This section applies if an ML (coal) holder considers a mining commencement date for an IMA or RMA should be an earlier date.(2)The ML (coal) holder may give the PL holder a notice (an acceleration notice) that—(a)states the earlier date; and(b)includes any other information prescribed by regulation.
(3)The acceleration notice may be given only in the period—(a)starting on the day an advance notice is given to the PL holder; and(b)ending on the day that is 18 months before the mining commencement date for the IMA or RMA.
(4)The ML (coal) holder must amend any joint development plan that applies to the ML (coal) holder to ensure it is consistent with the acceleration notice.(5)The acceleration notice has effect to change a mining commencement date whether or not the PL holder agrees to the change.Note—See section 167(1)(a) for the liability of an ML (coal) holder who gives an acceleration notice to a PL holder to compensate the PL holder.129Abandonment of sole occupancy of IMA or RMA(1)This section applies if an ML (coal) holder no longer requires sole occupancy of the whole or a part of an IMA or RMA for an overlapping area.(2)The ML (coal) holder must give each petroleum resource authority holder for the overlapping area a notice (an abandonment notice) that—(a)identifies the area of the IMA or RMA for which the ML (coal) holder proposes to abandon sole occupancy; and(b)states the date (the abandonment date) on which the ML (coal) holder proposes to abandon sole occupancy; and(c)includes any other information prescribed by regulation.
(3)The site senior executive for the coal mine must facilitate the petroleum resource authority holder’s access to the area mentioned in subsection (2)(a) from the abandonment date.(4)An abandonment of sole occupancy does not limit—(a)any obligation of the ML (coal) holder to carry out rehabilitation or environmental management required of the holder under the Environmental Protection Act; or(b)the ML (coal) holder’s right to occupy the IMA or RMA to comply with an obligation mentioned in paragraph (a).
Division 3Joint development plan130Requirement for agreed joint development plan(1)This section applies if an ML (coal) holder gives an advance notice to a PL holder.(2)The ML (coal) holder must ensure—(a)within 12 months after giving the advance notice to the PL holder or, if an application for arbitration of a dispute is made under section 131(2) or (3), within 9 months after the appointment of the arbitrator—there is in place—(i)a joint development plan that has been agreed with the PL holder; or(ii)an agreed joint development plan as arbitrated; and
(b)within 20 business days after the agreed joint development plan is in place—written notice is given to the chief executive stating the following—(i)that the plan is in place;(ii)the period for which the plan has effect;(iii)other information prescribed by regulation.
(3)The agreed joint development plan must—(a)identify the ML (coal) holder and PL holder under the plan; and(b)set out an overview of the activities proposed to be carried out in the overlapping area by the ML (coal) holder, including the location of the activities and when they will start; and(c)set out an overview of the activities proposed to be carried out in the overlapping area by the PL holder, including the location of the activities and when they will start; and(d)identify any IMA and RMA for the overlapping area, and any SOZ proposed for any IMA or RMA for the overlapping area; and(e)state the mining commencement date for any IMA or RMA; and(f)state how the activities mentioned in paragraphs (b) and (c) optimise the development and use of the State’s coal and coal seam gas resources; and(g)state the period for which the agreed joint development plan is to have effect; and(h)include any other information prescribed by regulation.
(4)For 2 or more overlapping areas in the area the subject of the ML (coal)—(a)to the extent practicable, there may be in place a single agreed joint development plan for 2 or more of the overlapping areas; and(b)if there are 2 or more agreed joint development plans in place for the overlapping areas, the ML (coal) holder may give the chief executive a single notice as mentioned in subsection (2)(b) for all the agreed joint development plans.
131Negotiation of agreed joint development plan(1)A PL holder who receives an advance notice must negotiate in good faith with the ML (coal) holder to enable the ML (coal) holder to give a notice under section 130(2)(b).(2)If a PL holder and the ML (coal) holder can not agree on a joint development plan to the extent it relates to a relevant matter within 6 months after the PL holder receives the advance notice, the ML (coal) holder must apply for arbitration of the dispute.(3)Despite subsection (2), the PL holder and the ML (coal) holder may jointly apply for arbitration of the dispute, to the extent it relates to a relevant matter, at any time.132Consistency with development plans(1)The ML (coal) holder must ensure any development plan under the Mineral Resources Act for the ML (coal) is consistent to the greatest practicable extent with each agreed joint development plan that applies to the ML (coal) holder.(2)The PL holder must ensure any development plan under the P&G Act for the PL is consistent to the greatest practicable extent with each agreed joint development plan that applies to the PL holder.(3)This section applies even if any of the following takes place for the ML (coal) or the PL—(a)a renewal;(b)a transfer;(c)a complete or partial subletting.
133Amendment of agreed joint development plan(1)An agreed joint development plan may be amended by agreement at any time.(2)A resource authority holder mentioned in this division who receives a proposal for an amendment of an agreed joint development plan must negotiate in good faith about the amendment.(3)A resource authority holder who can not obtain a proposed amendment of an agreed joint development plan under this section may apply for arbitration of the dispute to the extent it relates to a relevant matter.(4)Subsection (5) applies if an amendment of an agreed joint development plan, whether by agreement under this section or by arbitration, provides for a cessation, or significant reduction or increase, of—(a)mining under the ML (coal); or(b)production under the PL.
(5)Within 20 business days after making the amendment, the resource authority holders must jointly give the chief executive a written notice that—(a)states the agreed joint development plan has been amended; and(b)if there is a cessation or significant reduction of an authorised activity for a resource authority—includes, or is accompanied by, a statement about—(i)whether the cessation or reduction is reasonable in the circumstances; and(ii)whether the resource authority holders have taken all reasonable steps to prevent the cessation or reduction.
134Authorised activities allowed only if consistent with agreed joint development plan(1)This section applies if an agreed joint development plan applies to an ML (coal) holder and a PL holder.(2)The ML (coal) holder may carry out an authorised activity for the ML (coal) in an overlapping area the subject of the ML (coal) only if carrying out the activity is consistent with the agreed joint development plan.(3)The PL holder may carry out an authorised activity for the PL in an overlapping area the subject of the PL only if carrying out the activity is consistent with the agreed joint development plan.(4)To remove any doubt, it is declared that if an ML (coal) holder has given an advance notice to a PL holder and there is no agreed joint development plan that applies to the ML (coal) holder and the PL holder, the PL holder may carry out an authorised activity for the PL in the overlapping area the subject of the PL and ML (coal) if carrying out the activity is consistent with each development plan under the P&G Act that applies to the PL holder.135Condition of authoritiesIt is a condition of both an ML (coal) and a PL that the holder must comply with each agreed joint development plan that applies to the holder.Division 4Incidental coal seam gas136Definitions for divisionIn this division—diluted incidental coal seam gas means incidental coal seam gas that is subject to air contamination.Note—Diluted incidental coal seam gas will generally result from using underground in-seam and goaf drainage techniques for gas production.undiluted incidental coal seam gas means incidental coal seam gas that is free of air contamination.Note—Undiluted incidental coal seam gas will generally result from using surface to in-seam techniques for gas production.137Resource optimisationAn ML (coal) holder must, in relation to incidental coal seam gas in an overlapping area that is subject to the ML (coal), use reasonable endeavours to—(a)minimise unnecessary contamination or dilution of the incidental coal seam gas; and(b)maximise production of undiluted incidental coal seam gas.
138Right of first refusal(1)An ML (coal) holder must offer to supply, on reasonable terms, any incidental coal seam gas in an overlapping area that is subject to the ML (coal), to which the ML (coal) holder is otherwise entitled under the Mineral Resources Act, section 318CN, to a petroleum resource authority holder in the overlapping area.(2)The ML (coal) holder must make the offer by giving the petroleum resource authority holder written notice of the offer—(a)for undiluted incidental coal seam gas in an IMA in the overlapping area—as early as practicable; or(b)for diluted incidental coal seam gas in an IMA in the overlapping area—when the ML (coal) holder gives the petroleum resource authority holder—(i)if the petroleum resource authority is a PL holder—a confirmation notice; or(ii)if the petroleum resource authority is an ATP holder—an 18 months notice; or
(c)for undiluted or diluted incidental coal seam gas in an RMA in the overlapping area—when the ML (coal) holder gives the petroleum resource authority holder the RMA notice.
(3)The petroleum resource authority holder may accept the offer—(a)for an offer made under subsection (2)(a) or (b)—within 12 months after receiving the notice, or a later period agreed to by the ML (coal) holder; or(b)for an offer made under subsection (2)(c)—within 3 months after receiving the notice, or a later period agreed to by the ML (coal) holder.
(4)If the petroleum resource authority holder accepts the offer, the petroleum resource authority holder must—(a)enter into a contract with the ML (coal) holder for delivery of the gas; and(b)take supply of the gas within 2 years after accepting the offer, or a later period agreed to by the ML (coal) holder; and(c)pay the ML (coal) holder the amount of royalty that is payable for the gas under the Mineral Resources Act, section 320.
(5)A contract mentioned in subsection (4)(a) must include the matters prescribed by regulation.(6)If the petroleum resource authority holder does not accept the offer under subsection (3), or take supply of the gas under subsection (4), the ML (coal) holder may use the gas under the Mineral Resources Act, section 318CN.(7)However, if the ML (coal) holder has not, under the Mineral Resources Act, section 318CN, used gas offered to a petroleum resource authority holder under subsection (2)(a) within 12 months after becoming entitled to use the gas under subsection (6), the ML (coal) holder must not use the gas under the Mineral Resources Act, section 318CN until—(a)the ML (coal) holder re-offers to supply the gas to the petroleum resource authority holder; and(b)either—(i)the petroleum resource authority holder rejects the re-offer; or(ii)3 months, or a longer period agreed to by the ML (coal) holder, elapses after the re-offer is made without the petroleum resource authority holder accepting the re-offer.
(8)A notice of offer under subsection (2), or a notice of re-offer under subsection (7), must include the matters prescribed by regulation.(9)This section does not limit or otherwise affect the obligations imposed on a petroleum resource authority holder under the P&G Act.Part 3Subsequent petroleum production139Definitions for partIn this part—EP (coal) means a corresponding column 2 resource authority for a PL, mentioned in the table for this part, that is an exploration permit (coal).EP (coal) holder means the holder of an EP (coal).MDL (coal) means a corresponding column 2 resource authority for a PL, mentioned in the table for this part, that is an MDL (coal).MDL (coal) holder means the holder of an MDL (coal).ML (coal) means a corresponding column 2 resource authority for a PL, mentioned in the table for this part, that is a mining lease (coal).ML (coal) holder means the holder of an ML (coal).PL means a column 1 resource authority, mentioned in the table for this part, that is a petroleum lease (csg).PL holder means the holder of a PL.Note—The PL holder may or may not hold an ATP for the overlapping area that is the subject of the PL.140Table for partThe following table applies for this part—Column 1Column 2
petroleum lease (csg)any of the following—(a)exploration permit (coal);(b)mineral development licence (coal);(c)mining lease (coal)
141Petroleum production notice(1)A PL holder must give a coal resource authority holder a notice (a petroleum production notice) that—(a)states that the PL holder has applied for the grant of the PL; and(b)includes a copy of the application for the PL, other than any statement detailing the applicant’s financial and technical resources; and(c)if the coal resource authority is an ML (coal)—includes a proposed joint development plan; and(d)includes any other information prescribed by regulation.
(2)A petroleum production notice must be given to a coal resource authority holder within 10 business days after the day the PL holder applies for the grant of the PL.142Requirement for agreed joint development plan(1)This section applies if a PL holder gives a petroleum production notice to an ML (coal) holder.(2)The PL holder must ensure—(a)within 12 months after giving the petroleum production notice to the ML (coal) holder or, if an application for arbitration of a dispute is made under section 144(2) or (3), within 9 months after the appointment of the arbitrator—there is in place—(i)a joint development plan that has been agreed with the ML (coal) holder; or(ii)an agreed joint development plan as arbitrated; and
(b)within 20 business days after the agreed joint development plan is in place—written notice is given to the chief executive stating the following—(i)that the plan is in place;(ii)the period for which the plan has effect;(iii)other information prescribed by regulation.
(3)The agreed joint development plan must—(a)identify the ML (coal) holder and PL holder under the plan; and(b)set out an overview of the activities proposed to be carried out in the overlapping area by the ML (coal) holder and PL holder, including the location of the activities and when they will start; and(c)identify any IMA and RMA for the overlapping area, and any SOZ for any IMA or RMA for the overlapping area; and(d)state the mining commencement date for any IMA or RMA; and(e)state how the activities mentioned in paragraph (b) optimise the development and use of the State’s coal and coal seam gas resources; and(f)state the period for which the agreed joint development plan is to have effect; and(g)include any other information prescribed by regulation.
142APetroleum production notice given more than 6 months after advance notice(1)This section applies if—(a)an EP (coal) holder or MDL (coal) holder gave an advance notice for an ML (coal) to an ATP holder under part 2 in relation to an overlapping area; and(b)a petroleum production notice in relation to the overlapping area was given under this part more than 6 months after the giving of the advance notice; and(c)the PL is granted, but the ML (coal) has not yet been granted.
(2)The mining commencement date for an IMA in the overlapping area must be taken to be the date that is the earlier of the following—(a)the end of 9 years after the giving of the advance notice;(b)the end of 11 years after the giving of the advance notice, less the period between the giving of the advance notice and the giving of the petroleum production notice.
(3)This section does not limit—(a)the changing of the mining commencement date for the IMA in the way mentioned in section 115(1)(b) or (c); or(b)the power of the petroleum resource authority holder to give an exceptional circumstances notice under section 127; or(c)the power of the ML (coal) holder to give an acceleration notice under section 128.
144Negotiation of agreed joint development plan(1)An ML (coal) holder who receives a petroleum production notice that includes a proposed joint development plan must negotiate in good faith with the PL holder to enable the PL holder to give a notice under section 142(2)(b).(2)If an ML (coal) holder and the PL holder can not agree on a joint development plan to the extent it relates to a relevant matter within 6 months after the ML (coal) holder receives the petroleum production notice, the PL holder must apply for arbitration of the dispute.(3)Despite subsection (2), the ML (coal) holder and the PL holder may jointly apply for arbitration of the dispute, to the extent it relates to a relevant matter, at any time.145Consistency of development plans(1)This section applies if the PL holder is granted a PL for the overlapping area.(2)The PL holder must ensure any development plan under the P&G Act for the PL is consistent to the greatest practicable extent with each agreed joint development plan that applies to the PL holder.(3)The ML (coal) holder must ensure any development plan under the Mineral Resources Act for the ML (coal) is consistent to the greatest practicable extent with each agreed joint development plan that applies to the ML (coal) holder.(4)This section applies even if any of the following takes place for the PL or the ML (coal)—(a)a renewal;(b)a transfer;(c)a complete or partial subletting.
146Amendment of agreed joint development plan(1)An agreed joint development plan may be amended by agreement at any time.(2)A resource authority holder mentioned in this part who receives a proposal for an amendment of an agreed joint development plan must negotiate in good faith about the amendment.(3)A resource authority holder who can not obtain a proposed amendment of an agreed joint development plan under this section may apply for arbitration of the dispute to the extent it relates to a relevant matter.(4)Subsection (5) applies if an amendment of an agreed joint development plan, whether by agreement under this section or by arbitration, provides for a cessation, or significant reduction or increase, of—(a)mining under the ML (coal); or(b)production under the PL.
(5)Within 20 business days after making the amendment, the resource authority holders must jointly give the chief executive a written notice that—(a)states that the joint development plan has been amended; and(b)if there is a cessation or significant reduction of mining under the ML (coal) or production under the PL—includes, or is accompanied by, a statement about—(i)whether the cessation or reduction is reasonable in the circumstances; and(ii)whether the resource authority holders have taken all reasonable steps to prevent the cessation or reduction.
147Authorised activities allowed only if consistent with agreed joint development plan(1)This section applies if an agreed joint development plan applies to a PL holder and an ML (coal) holder.(2)The PL holder may carry out an authorised activity for the PL in an overlapping area the subject of the PL only if carrying out the activity is consistent with the agreed joint development plan.(3)The ML (coal) holder may carry out an authorised activity for the ML (coal) in an overlapping area the subject of the ML (coal) only if carrying out the activity is consistent with the agreed joint development plan.(4)To remove any doubt, it is declared that if a PL holder has given a petroleum production notice to an ML (coal) holder and there is no agreed joint development plan that applies to the PL holder and the ML (coal) holder, the ML (coal) holder may carry out an authorised activity for the ML (coal) in the overlapping area the subject of the ML (coal) and PL if carrying out the activity is consistent with each development plan under the Mineral Resources Act that applies to the ML (coal) holder.148Condition of authoritiesIt is a condition of both a PL and an ML (coal) that the holder must comply with each agreed joint development plan that applies to the holder.148A Modification of particular provisions if preferred tenderer appointed(1)This section applies if—(a)the Minister publishes a call for tenders for a petroleum lease under the P&G Act, section 127; and(b)the Minister appoints a preferred tenderer on the tenders made in response to the call.
(2)For applying the requirements under this chapter—(a)the only PL holder required to give a petroleum production notice to a coal resource authority holder under section 141(1) is the PL holder appointed under the P&G Act, chapter 2, part 2, division 3, subdivision 3 as the preferred tenderer; and(b)despite section 141(1)(c), a petroleum production notice given by a PL holder mentioned in paragraph (a) is not required to include a proposed joint development plan; and(c)a PL holder mentioned in paragraph (a) complies with section 141(2) if the PL holder gives the petroleum production notice to the coal resource authority holder within 10 business days after the PL holder is appointed as preferred tenderer; and(d)a PL holder mentioned in paragraph (a) is not required to comply with section 142; and(e)the coal resource authority holder given a petroleum production notice by a PL holder under paragraph (c) complies with section 121(2) if the coal resource authority holder gives an advance notice to the PL holder within 30 business days after the petroleum production notice is given to the coal resource authority holder; and(f)an advance notice mentioned in paragraph (e) complies with section 121(1) if the notice—(i)states that the ML (coal) holder has applied for the grant of the ML (coal); and(ii)includes a copy of the application for the ML (coal), other than any statement detailing the applicant’s financial and technical resources; and(iii)includes a proposed joint development plan for the overlapping area the subject of the ML (coal); and
(g)if a proposed joint development plan mentioned in paragraph (f)(iii) identifies an IMA for the overlapping area, the mining commencement date for the identified IMA must be at least 11 years after the date on which the ML (coal) holder applied for the grant of the ML (coal); and(h)a PL holder mentioned in paragraph (a) complies with section 154(3)(a) if the PL holder gives the information required to be given under section 154 within 20 business days after the PL holder gives the petroleum production notice to the coal resource authority holder; and(i)a coal resource authority holder given a petroleum production notice under paragraph (c) complies with section 154(3)(a) if the coal resource authority holder gives the information required to be given under section 154 within 20 business days after the coal resource authority holder is given the petroleum production notice.
(3)To remove any doubt, it is declared that— (a)this section does not limit the changing of the mining commencement date for the IMA mentioned in subsection (2)(g) in the way mentioned in section 115(1)(b) or (c); and(b)section 156 applies in relation to information—(i)given by a PL holder mentioned in this section to a coal resource authority holder mentioned in this section; or(ii)given by a coal resource authority holder mentioned in this section to a PL holder mentioned in this section.
(4)This section applies whether the preferred tenderer mentioned in subsection (1)(b) was appointed before or after the commencement of this section.Part 4Concurrent applications149Concurrent notice may be given by ATP holder(1)This section applies if an ATP holder—(a)receives an advance notice under part 2 in relation to an overlapping area from the holder of an EP (coal) or MDL (coal) that includes the overlapping area; andNote—Under part 2, an advance notice for an ML (coal) is given by the applicant for the ML (coal).(b)intends to apply for a PL, that will include the overlapping area, within 6 months after the ATP holder receives the advance notice.
(2)The ATP holder may give the holder of the EP (coal) or MDL (coal) a written notice (a concurrent notice) stating the information mentioned in subsection (1)(b).(3)The concurrent notice must be given within 3 months after the ATP holder receives the advance notice.(4)If the concurrent notice is given and the application for the PL is made within the 6 months mentioned in subsection (1)(b), this chapter must, to the greatest practicable extent, be applied as if the ATP holder was already a PL holder when the advance notice was given to the ATP holder.(5)Without limiting subsection (4)—(a)the mining commencement date for an IMA in the overlapping area, for the purposes of the advance notice, is taken to be at least 11 years after the date on which the advance notice was given; and(b)the mining commencement date for the IMA may be changed in the way mentioned in section 115(1)(b) or (c); and(c)the ATP holder may give an exceptional circumstances notice under section 127, including at the same time as the concurrent notice is given.
(6)However, despite subsection (4), the ML (coal) holder must ensure the agreed joint development plan mentioned in section 130(2) is in place within 12 months after receiving from the ATP holder a petroleum production notice or, if an application for arbitration of a dispute is made under section 131(2) or (3), within 9 months after the appointment of the arbitrator, instead of within the period mentioned in section 130(2).150Requirements for holder of EP (coal) or MDL (coal) if concurrent PL application(1)This section applies if the holder of an EP (coal) or MDL (coal)—(a)receives a petroleum production notice under part 3 in relation to an overlapping area from the holder of an ATP that includes the overlapping area; and(b)lodges an application for an ML (coal) before the PL the subject of the petroleum production notice is granted.Note—Under part 3, a petroleum production notice is given by the applicant for a PL.
(2)The holder of the EP (coal) or MDL (coal) must give the ATP holder an advance notice as required under part 2.(3)The mining commencement date for an IMA in the overlapping area, for the purposes of the advance notice, must be at least 11 years after the date on which the advance notice is given.(4)Without otherwise limiting the application of part 2—(a)the requirement under section 130(2)(a) for an agreed joint development plan to be in place within the period mentioned in section 130(2)(a) applies; and(b)the mining commencement date for the IMA may be changed in the way mentioned in section 115(1)(b) or (c).
Part 5Adverse effects test151Table for partThe following table applies for this part—Column 1Column 2
exploration permit (coal)either of the following—(a)authority to prospect (csg);(b)petroleum lease (csg)
mineral development licence (coal)either of the following—(a)authority to prospect (csg);(b)petroleum lease (csg)
authority to prospect (csg)any of the following—(a)exploration permit (coal);(b)mineral development licence (coal);(c)mining lease (coal)
152Authorised activities allowed only if no adverse effectsAn authorised activity for a column 1 resource authority may be carried out in an overlapping area the subject of the resource authority only if—(a)it does not adversely affect carrying out in the overlapping area an activity that is an authorised activity for a corresponding column 2 resource authority for the column 1 resource authority; and(b)carrying out the authorised activity for the corresponding column 2 resource authority has already started in the overlapping area.
153Expedited land access for petroleum resource authority holders(1)This section applies if—(a)a petroleum resource authority holder gives an ML (coal) holder a negotiation notice under section 84; and(b)the petroleum resource authority holder and ML (coal) holder have not entered into any of the following before the end of the minimum negotiation period under section 85—(i)a conduct and compensation agreement;(ii)a deferral agreement;(iii)an opt-out agreement.
(2)Despite a requirement under chapter 3 to give an entry notice, the petroleum resource authority holder may enter an overlapping area the subject of the petroleum resource authority, other than an IMA or SOZ in the overlapping area, to carry out an authorised activity for the authority if—(a)the petroleum resource authority holder gives the ML (coal) holder an expedited entry notice; and(b)the first day the petroleum resource authority holder enters the overlapping area is at least 10 business days after the day the petroleum resource authority holder gives the ML (coal) holder the expedited entry notice.
(3)Nothing in this section limits any other provision of chapter 3, including, for example, a provision requiring the petroleum resource authority holder and the ML (coal) holder to enter into an agreement mentioned in subsection (1)(b).(4)In this section—expedited entry notice means a notice that—(a)states the petroleum resource authority holder intends to enter an overlapping area on a stated date; and(b)includes any other information prescribed by regulation.
ML (coal) holder means the holder of an ML (coal).Part 6General provisionsDivision 1Information exchange154Resource authority holders must exchange information(1)The resource authority holders for an overlapping area must give each other all information reasonably necessary to allow them to optimise the development and use of coal and coal seam gas resources in the overlapping area.(2)Without limiting subsection (1), the information that must be given includes the following—(a)operational and development plans;(b)location of gas and mining infrastructure;(c)development and production goals;(d)scheduling of authorised activities;(e)rehabilitation and environmental management;(f)safety and health arrangements;(g)information about any application relating to the overlapping area made by the resource authority holder under a Resource Act;(h)any amendment of a mine plan required to be kept by the resource authority holder under a Resource Act;(i)any other information prescribed by regulation.
(3)The information must be given—(a)within 20 business days after the overlapping area comes into existence; and(b)at least once during each year that the resource authorities for the overlapping area are in force.
(4)Subsections (1) to (3) do not require the giving of information that is only in the form of a draft.(5)In this section—draft includes a preliminary or working draft.155Annual meetings(1)The resource authority holders for an overlapping area must convene at least 1 meeting during each year the resource authorities are in force.(2)The purpose of the meeting is to facilitate compliance with section 154.156Confidentiality(1)This section applies if a resource authority holder (the information-giver) gives another resource authority holder (the recipient) information that this chapter requires or permits the information-giver to give to the recipient.(2)The recipient must not disclose the information to another person unless—(a)the information is publicly available; or(b)the disclosure is—(i)to a person (a secondary recipient) whom the recipient has authorised to carry out authorised activities for the recipient’s resource authority; or(ii)made with the information-giver’s consent; or(iii)expressly permitted or required under this or another Act; or(iv)to the Minister.
(3)Subject to subsection (2), the recipient must not use the information for a purpose other than for which it is given.(4)If the recipient does not comply with subsection (2) or (3), the recipient is liable to pay the information-giver—(a)compensation for any loss the information-giver incurs because of the failure to comply with the subsection; and(b)the amount of any commercial gain the recipient makes because of the failure to comply with the subsection.
(5)A secondary recipient must not use the information for a purpose other than for which it is given.(6)If a secondary recipient does not comply with subsection (5), the secondary recipient is liable to pay the information-giver—(a)compensation for any loss the information-giver incurs because of the failure to comply with the subsection; and(b)the amount of any commercial gain the secondary recipient makes because of the failure to comply with the subsection.
Division 2CompensationSubdivision 1Preliminary161Definitions for divisionIn this division—ATP major gas infrastructure, for an ATP, see section 166.lost production see section 162.PL connecting infrastructure see section 165.PL major gas infrastructure, for a PL, see section 163.PL minor gas infrastructure, for a PL, see section 164.reconciliation payment see section 172(2)(a) and (c)(i).replacement gas see section 172(2)(b) and (c)(ii).replace includes remove and relocate.162What is lost production(1)Lost production means coal seam gas production foregone by a PL holder.(2)Lost production must be calculated in the way, and consistent with the principles, prescribed by regulation.163What is PL major gas infrastructure(1)PL major gas infrastructure, for a PL, means a gas facility for the PL that is—(a)a pipeline within the meaning of the P&G Act; or(b)a petroleum facility within the meaning of the P&G Act; or(c)a water observation bore within the meaning of the P&G Act; or(d)significant infrastructure necessarily associated with a gas facility mentioned in paragraph (a), (b) or (c), including, for example, accommodation camps, major roads, communication facilities, workshops, stores and offices; or(e)equipment or facilities used by the PL holder to carry or transmit gas, water or other substances, telecommunications or electricity, other than gathering lines upstream of field or nodal compressor stations; or(f)another gas facility prescribed by regulation.
(2)The cost of replacement of PL major gas infrastructure must be assessed in the way, and consistent with the principles, prescribed by regulation.(3)In this section—gas facility, for a PL, means equipment and other major facilities included in infrastructure established or used by the PL holder, its contractors or other persons authorised by the PL holder to carry out an authorised activity under the PL.164What is PL minor gas infrastructure(1)PL minor gas infrastructure, for a PL, means a field asset for the PL, other than PL major gas infrastructure for the PL, that is—(a)a pilot or producing petroleum well; or(b)a sub-nodal collection network; or(c)a minor access road or track; or(d)minor facilities and infrastructure associated with, or servicing, anything mentioned in paragraph (a), (b) or (c); or(e)minor facilities associated with, and servicing, major gas infrastructure, if the major gas infrastructure does not need to be relocated; or(f)another field asset prescribed by regulation.
(2)The cost of replacement of PL minor gas infrastructure must be assessed in the way, and consistent with the principles, prescribed by regulation.(3)In this section—field asset, for a PL, means equipment and other minor facilities included in infrastructure established or used by the PL holder, its contractors or other persons authorised by the PL holder to carry out an authorised activity under the PL.165What is PL connecting infrastructure(1)PL connecting infrastructure, for a PL, means infrastructure that connects PL major gas infrastructure for the PL to a petroleum well.(2)The cost of replacement of PL connecting infrastructure must be assessed in the way, and consistent with the principles, prescribed by regulation.166What is ATP major gas infrastructure(1)ATP major gas infrastructure, for an ATP, means—(a)a pilot well for the ATP, if—(i)the pilot well was drilled or constructed under the authority of the ATP; and(ii)when the ATP holder was given an 18 months notice by an ML (coal) holder from whom the ATP holder seeks compensation under this division, the pilot well—(A)was being used, or being held, for future production; and(B)was not planned to be abandoned; and
(b)other infrastructure prescribed by regulation.
(2)The cost of abandonment of ATP major gas infrastructure must be assessed in the way, and consistent with the principles, prescribed by regulation.(3)In this section—pilot well includes any item of infrastructure associated with a pilot well.Subdivision 2Liability to compensate167Liability of ML (coal) holder to compensate PL holder(1)This section applies if—(a)an ML (coal) holder gives an acceleration notice to a PL holder and, because of the acceleration notice, the PL holder—(i)suffers, or will suffer, lost production; or(ii)is, or will be, required to replace PL minor gas infrastructure for the PL; or
(b)an ML (coal) holder carries out, or proposes to carry out, authorised activities in an IMA or RMA for an overlapping area and, because of the authorised activities—(i)PL connecting infrastructure for a PL is or will be physically severed and the PL holder is or will be required to replace the PL connecting infrastructure; or(ii)the PL holder is or will be required to replace PL major gas infrastructure for the PL.
(2)The ML (coal) holder is liable to compensate the PL holder for—(a)if subsection (1)(a)(i) applies—the lost production; or(b)if subsection (1)(a)(ii) applies—the cost of replacement of the PL minor gas infrastructure; or(c)if subsection (1)(b)(i) applies—the cost of replacement of the PL connecting infrastructure; or(d)if subsection (1)(b)(ii) applies—the cost of replacement of the PL major gas infrastructure; or(e)if subsection (1)(a) applies, but the mining commencement date for an IMA or RMA identified in the acceleration notice is changed by the ML (coal) holder to a later date—additional costs incurred by the PL holder because of the delay in the mining commencement date, other than to the extent the liability to compensate is reduced under subsection (4).
(3)The ML (coal) holder’s liability under subsection (2) to compensate the PL holder is the ML (coal) holder’s compensation liability to the PL holder.(4)The ML (coal) holder’s compensation liability for the PL holder’s additional costs as mentioned in subsection (2)(e) is reduced to the extent the delay is caused by any event beyond the control of the ML (coal) holder, but only if the ML (coal) holder—(a)as soon as practicable gives written notice to the PL holder of—(i)the event; and(ii)the details of any cause of the event; and
(b)takes all reasonable steps to minimise the effect of the event on the mining commencement date.
168Liability of ML (coal) holder to compensate ATP holder(1)This section applies if—(a)an ML (coal) holder carries out, or proposes to carry out, authorised activities in an IMA or RMA; and(b)because of the authorised activities, an ATP holder is or will be required to abandon ATP major gas infrastructure.
(2)The ML (coal) holder is liable to compensate the ATP holder for the cost of abandonment of the ATP major gas infrastructure.(3)The ML (coal) holder’s liability under subsection (2) to compensate the ATP holder is the ML (coal) holder’s compensation liability to the ATP holder.169Meeting compensation liability(1)Unless otherwise agreed, a petroleum resource authority holder is entitled to receive an amount to meet a compensation liability only if the petroleum resource authority holder is able to give information that shows the value of any lost production, replacement costs or cost of abandonment for which compensation is claimed.(2)A petroleum resource authority holder is not entitled to receive an amount of compensation on more than one occasion to meet any compensation liability that may at any time apply to a particular IMA or RMA.(3)An ML (coal) holder is not required to pay an amount to meet a compensation liability arising from lost production until when the production would otherwise have happened.170Minimising compensation liability(1)An ML (coal) holder and a petroleum resource authority holder must both take all reasonable steps to minimise compensation liability in the way, and consistent with the principles, prescribed by regulation.(2)If, after complying with subsection (1), the ML (coal) holder continues to have a compensation liability to the petroleum resource authority holder, the ML (coal) holder must, to the extent reasonable, offer the petroleum resource authority holder an amount of natural gas that is equal to the amount of the compensation liability.(3)If, after complying with subsection (2), the ML (coal) holder continues to have a compensation liability to the petroleum resource authority holder, the ML (coal) holder must give the petroleum resource authority holder a payment equal to the amount of the compensation liability.171Offsetting of compensation liability(1)An ML (coal) holder’s compensation liability to a petroleum resource authority holder is reduced to the extent of the value of the following—(a)incidental coal seam gas supplied to the petroleum resource authority holder on the acceptance of an offer made under section 138;(b)undiluted incidental coal seam gas offered to the petroleum resource authority holder under section 138 but not supplied to the petroleum resource authority holder because the offer is not accepted.
(2)However, subsection (1)(b) applies only to the extent it was reasonably practicable for the petroleum resource authority holder to take supply of the undiluted incidental coal seam gas when the offer was made under section 138.(3)The value of the incidental coal seam gas mentioned in subsection (1) must be calculated in the way, and consistent with the principles, prescribed by regulation.172Reconciliation payments and replacement gas(1)This section applies if—(a)under this division, a PL holder receives a payment or an amount of natural gas from an ML (coal) holder to meet a compensation liability for lost production; and(b)the PL holder subsequently recovers coal seam gas that was the subject of the compensation liability.
(2)The PL holder is liable to give the ML (coal) holder—(a)a payment (a reconciliation payment) for the coal seam gas recovered; or(b)an amount of natural gas (replacement gas) that is equal to the amount of coal seam gas recovered; or(c)both of the following—(i)a payment (also a reconciliation payment) for part of the coal seam gas recovered;(ii)an amount of natural gas (also replacement gas) that is equal to the amount of coal seam gas recovered that is not the subject of the reconciliation payment under subparagraph (i).
(3)The amount of a reconciliation payment—(a)must be calculated in the way, and consistent with the principles, prescribed by regulation; and(b)must not be more than the amount received to meet the compensation liability.
173Claiming compensation(1)If a petroleum resource authority holder considers an ML (coal) holder has a compensation liability to the petroleum resource authority holder, the petroleum resource authority holder must—(a)advise the ML (coal) holder of the liability as soon as reasonably practicable; and(b)include with the advice a written proposal for calculating the amount of compensation payable.
(2)The ML (coal) holder may either—(a)accept the proposal; or(b)respond with a written counter proposal.
174Availability of dispute resolution(1)This section applies if—(a)either of the following applies—(i)a petroleum resource authority holder is entitled to receive a payment of an amount to meet a compensation liability;(ii)an ML (coal) holder is entitled to receive a reconciliation payment or replacement gas; and
(b)the petroleum resource authority holder and ML (coal) holder can not agree on 1 or more of the following—(i)the amount of the payment to meet the compensation liability the petroleum resource authority holder is entitled to receive;(ii)when the payment of the amount to meet the compensation liability must be made;(iii)the amount of the reconciliation payment the ML (coal) holder is entitled to receive;(iv)when the reconciliation payment must be made;(v)the amount of replacement gas the ML (coal) holder is entitled to receive;(vi)when the replacement gas must be given.
(2)The petroleum resource authority holder or the ML (coal) holder may apply for arbitration of the dispute.Chapter 5General provisions for overlapping and co-existing resource authoritiesPart 1Preliminary174A Definitions for chapterIn this chapter—agreed co-existence plan means an agreed co-existence plan under—(a)the Mineral Resources Act, section 271AB; or(b)the P&G Act, section 400 or 440.
agreed joint development plan see section 103.agreed plan means—(a)an agreed joint development plan; or(b)an agreed co-existence plan.
co-existing area means land that is the subject of— (a)a later mining lease and an existing authority as mentioned in the Mineral Resources Act, section 271AB; or(b)a pipeline licence and an existing geothermal lease, GHG lease or mining lease as mentioned in the P&G Act, section 400; or(c)a petroleum facility licence and an existing mining lease as mentioned in the P&G Act, section 440.
overlapping area see section 104.Part 2Ministerial powers174B Requirement to give copy of agreed plan(1)The Minister may, by written notice, require a resource authority holder to whom an agreed plan applies to give the Minister a copy of the agreed plan.(2)The resource authority holder must give the copy to the Minister within 30 business days after the notice is given under subsection (1).(3)This section does not apply if the agreed plan has stopped having effect.174C Amendment of agreed plan(1)The Minister may, by written notice, require a resource authority holder to whom an agreed plan applies to amend the agreed plan.(2)The matters the Minister must consider in deciding whether to require an amendment include each of the following—(a)the potential of each of the resource authority holders to whom the plan applies—(i)for an agreed joint development plan—to develop coal and coal seam gas resources to optimise the development and use of the State’s coal and coal seam gas resources; or(ii)for an agreed co-existence plan—to optimise the development and use of the State’s resources;
(b)the extent to which each of the resource authority holders to whom the plan applies have complied with the plan;(c)whether, if the amendment was made, compliance with the plan would continue to be commercially and technically feasible for the resource authority holders to whom the plan applies;(d)the content of any development plan under the Mineral Resources Act or P&G Act for each of the resource authorities to which the agreed plan applies.
(3)A notice given under subsection (1) must include an information notice about the Minister’s decision to require the amendment.174D Request for informationThe Minister may, by written notice, ask a resource authority holder to give the Minister any information the Minister considers appropriate to—(a)for an overlapping area—(i)optimise the development and use of the State’s coal and coal seam gas resources; or(ii)ensure safe mining in the overlapping area; or
(b)for a co-existing area—(i)optimise the development and use of the State’s resources; or(ii)ensure safe operations in the co-existing area.
174E Right of appeal(1)This section applies if the Minister decides to exercise a power under section 174C(1).(2)The P&G Act, chapter 12, part 2 applies, with necessary changes, to the decision as if—(a)the decision were mentioned in the P&G Act, schedule 1, table 2; and(b)the P&G Act, schedule 1, table 2 stated the Land Court as the appeal body for the decision; and(c)a reference in the P&G Act, chapter 12, part 2 to an information notice included a reference to an information notice under section 174C(3).
Part 3Dispute resolution175Application of part(1)This division applies to the following disputes (each an overlap dispute) between persons (each a party)—(a)a dispute mentioned in section 127 about an exceptional circumstances notice;(b)a dispute mentioned in section 131, 133, 144 or 146 about a joint development plan to the extent it relates to a relevant matter;(c)a dispute mentioned in section 174;(d)a dispute mentioned in the Coal Mining Safety and Health Act 1999, section 64E(3) or (4) or 64H(7);(e)a dispute mentioned in the P&G Act, section 705B(3) or (4) or 705CB(7);(f)a dispute mentioned in the Mineral Resources Regulation 2013, section 25(3) or (4) or 28(7).
(2)This division also applies to the following disputes (each a co-existence dispute) between persons (each a party)—(a)a dispute mentioned in the Mineral Resources Act, section 271AB(9);(b)a dispute mentioned in the P&G Act, section 400(7);(c)a dispute mentioned in the P&G Act, section 440(7).
176Definitions for partIn this division—co-existence dispute see section 175(2).dispute means—(a)an overlap dispute; or(b)a co-existence dispute.
overlap dispute see section 175(1).party—(a)for an overlap dispute—see section 175(1); or(b)for a co-existence dispute—see section 175(2).
177Nomination of arbitrator(1)A party applies, or parties jointly apply, for arbitration of the dispute by asking a prescribed arbitration institute to nominate an arbitrator.(2)The prescribed arbitration institute must nominate an arbitrator to decide the dispute.(3)A prescribed arbitration institute does not incur any civil monetary liability for an act or omission in the performance, or purported performance, of a function under subsection (2) unless the act or omission is done or made in bad faith or through negligence.178Arbitrator’s functions(1)The arbitrator has authority to decide the dispute by the issuance of an award.(2)The award must be consistent with—(a)for an overlap dispute—(i)optimising the development and use of the State’s coal and coal seam gas resources; and(ii)safety and health requirements under mining safety legislation; or
(b)for a co-existence dispute—(i)optimising the development and use of the State’s resources; and(ii)safety and health requirements under mining safety legislation.
(3)The award must be made—(a)within 6 months after the appointment of the arbitrator; or(b)if the arbitrator decides—within 9 months after the appointment of the arbitrator.
(4)A regulation may prescribe matters an arbitrator must consider in deciding an award.(5)A regulation made under subsection (4) does not limit the matters an arbitrator may consider.179Expert appointed by arbitrator(1)The arbitrator—(a)for an overlap dispute—(i)must appoint at least 1 qualified person with expertise in coal mining, and 1 qualified person with expertise in coal seam gas exploration and production (each an appointed expert), to report to the arbitrator on specific issues decided by the arbitrator; and(ii)may appoint another appropriately qualified person (also an appointed expert) to report to the arbitrator on specific issues decided by the arbitrator; and
(b)for a co-existence dispute—may appoint an appropriately qualified person (also an appointed expert) to report to the arbitrator on specific issues decided by the arbitrator; and(c)may require a party to the arbitration to give an appointed expert any relevant information or to produce, or to provide access to, any relevant documents or other property for the appointed expert’s inspection.
(2)If a party to the arbitration requests, or if the arbitrator considers it necessary, the appointed expert must, after delivery of the appointed expert’s written or oral report, participate in a hearing where the parties to the arbitration have the opportunity to put questions to the appointed expert and present persons with relevant expertise to give evidence on the points at issue.(3)In this section—qualified person means a person with the experience or qualifications prescribed by regulation.180Application of Commercial Arbitration Act 2013The Commercial Arbitration Act 2013 applies to the arbitration to the extent it is not inconsistent with this chapter.181Costs of arbitration(1)The parties to the arbitration are liable to pay the costs of the arbitration in equal shares, unless the arbitrator decides otherwise.(2)In this section—costs, of the arbitration, includes the fees and expenses of the arbitrator.182Effect of arbitrator’s decision(1)The arbitrator’s decision is final.(2)The parties to the arbitration may not apply for review of, or appeal against, the decision.(3)The arbitrator’s decision does not limit or otherwise affect—(a)a power of the Minister under chapter 5, part 2; or(b)a power of an inspector under mining safety legislation; or(c)a power of the Supreme Court to decide a decision of the arbitrator is affected by jurisdictional error.
(4)The arbitrator’s decision on a matter in dispute between the parties to the arbitration has the same effect as if the parties had entered into a binding and enforceable agreement to the same effect as the decision.183Copy of award and reasons for awardThe parties to the arbitration must give the chief executive a copy of the award and the arbitrator’s reasons for the issuance of the award.Chapter 5ACSG-induced subsidence managementPart 1Preliminary184AA Purpose of chapter(1)The purpose of this chapter is to provide a framework for managing the impacts of CSG-induced subsidence that includes—(a)the declaration of a part of Queensland that is or may be impacted by CSG-induced subsidence to be a subsidence management area; and(b)providing for the identification, assessment, monitoring and management of the impacts of CSG-induced subsidence in the subsidence management area by—(i)providing for the preparation and approval of a subsidence impact report for the area; and(ii)requiring particular relevant holders for the area to undertake particular activities or take particular action; and(iii)giving the Minister, the chief executive and the office functions and powers related to the identification, assessment, monitoring and management of the impacts of CSG-induced subsidence in the area.Note—Under the Water Act 2000, section 456(2), the office’s functions include functions given to the office under that Act or another Act.
(2)Also, this chapter provides for the payment of compensation by particular relevant holders for a subsidence management area for particular cost, damage or loss arising from the impacts of CSG-induced subsidence.184AB Definitions for chapterIn this chapter—agricultural land means private land used for agricultural purposes.authority to prospect (csg) means an authority to prospect granted under the P&G Act if an application for a petroleum lease (csg) over all or part of the area of the authority has been made.baseline data collection, for agricultural land, see section 184EB.category A land means agricultural land in a subsidence management area that is categorised in the subsidence impact report for the area as category A land.Note—See section 184CD in relation to the categorisation of agricultural land in a subsidence management area.category B land means agricultural land in a subsidence management area that is categorised in the subsidence impact report for the area as category B land.Note—See section 184CD in relation to the categorisation of agricultural land in a subsidence management area.category C land means agricultural land in a subsidence management area that is categorised in the subsidence impact report for the area as category C land.Note—See section 184CD in relation to the categorisation of agricultural land in a subsidence management area.CSG-induced subsidence means ground motion resulting from the production of coal seam gas under a petroleum resource authority (csg).due day, for a relevant holder for a subsidence management area to comply with a requirement under this chapter, means the day or days for complying with the requirement stated in—(a)if the requirement applies to the holder because the holder is identified in a subsidence impact report for the area as a responsible holder—the report; or(b)if the requirement applies to the holder because the holder is given a subsidence management direction—the direction.
farm field assessment, of agricultural land, see section 184FB.farm field auditor means a person approved by the chief executive as a farm field auditor under section 184FH(1).ground motion means a change in the elevation of land at the surface, regardless of the reason for the change.holder—(a)of an authority to prospect (csg), means the person who has applied for a petroleum lease (csg) over all or part of the area of the authority; and(b)of a petroleum lease (csg), means the person who is the holder of the lease under the P&G Act.
land monitoring, of agricultural land, see section 184DB.office means the Office of Groundwater Impact Assessment established under the Water Act 2000, section 455.petroleum lease (csg) means a petroleum lease granted under the P&G Act if coal seam gas is produced, or proposed to be produced, under the lease.petroleum resource authority (csg) means—(a)an authority to prospect (csg); or(b)a petroleum lease (csg).
properly made submission, about a proposed subsidence impact report prepared by the office, means a submission about the report that—(a)is in writing and signed by each entity that made the submission; and(b)is received by the office on or before the last day for the making of the submission; and(c)states the name and address of each entity that made the submission; and(d)states the grounds of the submission and the facts and circumstances relied on in support of the grounds.
Queensland government website means an official Queensland government website with a URL that includes ‘qld.gov.au’, other than the website of a local government.relevant holder, for a subsidence management area, means the holder of a petroleum resource authority (csg) whose authorised area is within, or partly within, the subsidence management area.subsidence compensation agreement, for agricultural land, see section 184IB.subsidence impact report means a subsidence impact report that is in effect under part 3.subsidence management area means a part of Queensland declared under section 184BA(1) as amended, from time to time, under section 184BA(2).subsidence management direction means a direction given under section 184KB(1).subsidence management measure, for agricultural land, see section 184HB(1)(b).subsidence management plan, for agricultural land, see section 184HB.subsidence opt-out agreement, for agricultural land, see section 184HD(2).technical reference group see section 184CG(1).undertake, a farm field assessment of agricultural land, for a relevant holder for a subsidence management area, means—(a)undertake a farm field assessment of the agricultural land; or(b)if the relevant holder is not appropriately qualified to undertake a farm field assessment of the agricultural land—ensure a farm field assessment of the agricultural land is undertaken by an appropriately qualified person.
184AC References in chapter to petroleum resource authorities (csg) and holders of authorities if authority to prospect (csg) ends(1)This section applies if an authority to prospect (csg) ends.(2)Subsection (3) applies if, under the P&G Act, chapter 2, part 2, division 2, the holder of the authority to prospect (csg) becomes the holder of a petroleum lease (csg).(3)A reference in this chapter—(a)to the petroleum lease (csg) includes a reference to the authority to prospect (csg); and(b)to the holder of the petroleum lease (csg) includes a reference to the holder of the authority to prospect (csg).
(4)If subsection (3) does not apply to an authority to prospect (csg), a reference in this chapter to the holder of the authority is a reference to the holder of the authority immediately before the authority ended.Part 2Subsidence management area184BA Declaration of area(1)The Minister may, by gazette notice, declare a part of Queensland to be a subsidence management area.(2)Also, the Minister may, by gazette notice, amend a subsidence management area by—(a)declaring a part of Queensland to be a part of the area; or(b)declaring a part of Queensland to no longer be a part of the area.
(3)The Minister may declare a part of Queensland under subsection (1) or (2)(a) only if the Minister is satisfied the part of Queensland is or may be impacted by CSG-induced subsidence.(4)The Minister must, within 20 business days after a gazette notice is published under subsection (1) or (2)—(a)give notice of the declaration to—(i)the office; and(ii)each relevant holder for the subsidence management area; and(iii)for a declaration under subsection (2)(b)—each holder of a petroleum resource authority (csg) whose authorised area is no longer within, or partly within, the subsidence management area; and
(b)publish a map on a Queensland government website showing the subsidence management area.
(5)A failure to comply with subsection (4) does not invalidate or otherwise affect the declaration under subsection (1) or (2).184BB Information or advice by office before declaration of area(1)This section applies in relation to a part of Queensland that is not a subsidence management area or a part of a subsidence management area.(2)The chief executive may ask the office for, and the office may give to the chief executive, information or advice about whether the part of Queensland should be declared to be a subsidence management area or a part of a subsidence management area.(3)Subsection (4) applies if—(a)the office advises the chief executive that the part of Queensland should be declared to be a subsidence management area or a part of a subsidence management area; and(b)a holder of a petroleum resource authority (csg) would be a relevant holder for a subsidence management area if the part of Queensland were declared.
(4)The office may give the chief executive information or advice about whether the chief executive should, as a priority after the declaration, give the holder a subsidence management direction to undertake baseline data collection for, or a farm field assessment of, agricultural land in the subsidence management area.184BC Information or advice by office if no subsidence impact report(1)This section applies if—(a)a part of Queensland has been declared to be—(i)a subsidence management area under section 184BA(1); or(ii)a part of a subsidence management area under section 184BA(2)(a); and
(b)there is no subsidence impact report for the subsidence management area or, if paragraph (a)(ii) applies, the subsidence impact report for the subsidence management area has not been amended to apply to the part of Queensland declared to be a part of the area.
(2)The chief executive may ask the office for, and the office may give to the chief executive, information or advice about whether the chief executive should, as a priority, give a particular relevant holder for the subsidence management area a subsidence management direction to undertake baseline data collection for, or a farm field assessment of, agricultural land in the area.184BD Restriction on advice by office before declaration of area or if no subsidence impact reportFor sections 184BB(4) and 184BC(2), the office must not advise the chief executive—(a)that a holder of a petroleum resource authority (csg) should be given a subsidence management direction to undertake baseline data collection for agricultural land unless the office considers the land—(i)has had impacts from CSG-induced subsidence; or (ii)will be at high or moderate risk of impacts from CSG-induced subsidence within 5 years from the giving of the advice; or
(b)that a holder of a petroleum resource authority (csg) should be given a subsidence management direction to undertake a farm field assessment of agricultural land unless the office considers the land—(i)has had impacts from CSG-induced subsidence; or (ii)will be at high risk of impacts from CSG-induced subsidence within 5 years from the giving of the advice.
184BE Effect of part of Queensland no longer being part of subsidence management area(1)This section applies if a part of Queensland has been declared to no longer be a part of a subsidence management area under section 184BA(2)(b).(2)The declaration does not affect the operation of this chapter, or anything done or suffered under this chapter, before the declaration.(3)Subsection (4) applies if—(a)before the declaration, a person was required to do something under this chapter; and(b)after the declaration, the person is no longer required to do the thing under this chapter.
(4)The requirement to do the thing stops applying to the person when the declaration is made.Part 3Subsidence impact reportDivision 1Preparation of subsidence impact report184CA Office to give proposed report to chief executive(1)The office must give the chief executive a proposed subsidence impact report for a subsidence management area that—(a)is prepared in accordance with this division; and(b)is accompanied by—(i)a copy of all properly made submissions given to the office in preparing the proposed report; and(ii)a submissions summary under section 184CF; and(iii)the outcome of peer reviews by the technical reference group that show the scientific methods used in preparing the proposed report are fit for purpose.
(2)The first proposed subsidence impact report for a subsidence management area must be given under subsection (1) on or before—(a)the following day—(i)if the chief executive gives the office a notice under section 184CB—the day stated in the notice;(ii)otherwise—the day that is 18 months after the day the area was declared under section 184BA(1); or
(b)if the chief executive agrees to a later day for the area—the later day.
(3)A subsequent proposed subsidence impact report for a subsidence management area must be given under subsection (1) on or before—(a)the following day—(i)if the chief executive gives the office a notice under section 184CB—the day stated in the notice;(ii)otherwise—the third anniversary of the day the chief executive approved the most recent subsidence impact report for the area; or
(b)if the chief executive agrees to a later day for the area that is no later than the fifth anniversary of the day the chief executive approved the most recent subsidence impact report for the area—the later day.
184CB Earlier day for giving proposed report(1)This section applies if the chief executive considers that a proposed subsidence impact report needs to be given earlier than the day that would otherwise apply under section 184CA(2)(a)(ii) or (3)(a)(ii).(2)The chief executive may, by notice given to the office, require the office to give the proposed subsidence impact report on or before the day stated in the notice that allows the office a reasonable period to prepare the proposed report.184CC Alignment of report with underground water impact report under Water Act 2000(1)This section applies if a subsidence management area is within or partly within a cumulative management area under the Water Act 2000, chapter 3.(2)In deciding whether to give a notice under section 184CB or agree to a later day for giving a proposed subsidence impact report for the subsidence management area, the chief executive must have regard to the day an underground water impact report for the cumulative management area must be given under the Water Act 2000, section 370.184CD Content of report(1)A subsidence impact report for a subsidence management area must— (a)assess, as provided under schedule 1A, part 3, the cumulative existing and predicted impacts of CSG-induced subsidence on land in the area or the use of the land; and(b)categorise agricultural land in the area, as provided under schedule 1A, part 4, as 1 of the following categories—(i)category A land, which is agricultural land that has had impacts from CSG-induced subsidence or is at high risk of impacts from CSG-induced subsidence within 5 years from the categorisation;(ii)category B land, which is agricultural land that is at moderate risk of impacts from CSG-induced subsidence within 5 years from the categorisation;(iii)category C land, which is agricultural land that is at low or no risk of impacts from CSG-induced subsidence within 5 years from the categorisation; and
(c)establish a strategy, as provided under schedule 1A, part 5, for managing the existing and predicted impacts of CSG-induced subsidence on land in the area or the use of the land.
(2)A subsidence impact report for a subsidence management area must include each document mentioned in schedule 1A, part 2 that complies with the requirements for the document stated in the schedule.(3)Also, a subsequent subsidence impact report for a subsidence management area must include a description of—(a)the material changes in the subsequent report since the most recent subsidence impact report for the area; and(b)the reasons for the changes.
184CE Consultation requirement(1)Before giving the chief executive a proposed subsidence impact report under this division, the office must consult on the proposed report as required under this section.(2)The office must—(a)publish a notice about the proposed subsidence impact report for a subsidence management area in the way required by the chief executive; and(b)give a copy of the notice to each relevant holder for the subsidence management area.
(3)The notice must state each of the following—(a)a description of the subsidence management area to which the proposed subsidence impact report relates;(b)that copies of the proposed report may be obtained from the office;(c)how the copies may be obtained;(d)that submissions on the proposed report may be given to the office;(e)the requirements for a submission to be a properly made submission about the proposed report;(f)that the office must give the chief executive a copy of all properly made submissions about the proposed report;(g)the day that is at least 20 business days after the notice is published by which the submissions may be made;(h)how the submissions may be made.
(4)The office must—(a)publish the proposed subsidence impact report on a Queensland government website; and(b)give a copy of the proposed report to each person who requests a copy.
184CF Submissions summary(1)The office must, before giving the chief executive a proposed subsidence impact report under this division—(a)consider each properly made submission about the proposed report; and(b)prepare a summary of the submissions (a submissions summary).
(2)The submissions summary must summarise—(a)the properly made submissions about the proposed subsidence impact report; and(b)how the office addressed the submissions; and(c)any changes the office has made to the proposed report because of the submissions.
184CG Peer review by technical reference group(1)The manager of the office must establish a technical reference group (the technical reference group).(2)The functions of the technical reference group are to undertake peer reviews of the office’s scientific methods used in preparing a proposed subsidence impact report.(3)The manager may decide the following for the technical reference group—(a)the group’s membership;(b)the group’s terms of reference;(c)other matters about the functioning of the group.
(4)However, before deciding the technical reference group’s membership or terms of reference, the manager must obtain the approval of the chief executive of the department in which the Water Act 2000, chapter 3A is administered.(5)Also, in deciding the technical reference group’s membership, the manager must have regard to—(a)any conflicts of interest or potential conflicts of interest of the group’s potential members; and(b)the relevant technical expertise of the group’s potential members, including expertise in the field of geoscientific modelling and other related sciences.
(6)The manager must publish the following information on a Queensland government website—(a)the technical expertise of the technical reference group;(b)the terms of reference for the group.
Division 2Approval of subsidence impact report by chief executive184CH Modifying proposed report before approval(1)This section applies if—(a)the office gives the chief executive a proposed subsidence impact report for a subsidence management area under this division; and(b)the chief executive considers—(i)the content of the proposed report does not comply with section 184CD; or(ii)the office has not adequately addressed—(A)the properly made submissions about the proposed report; or(B)the outcome of peer reviews by the technical reference group; or
(iii)the proposed report is otherwise inadequate in a material particular.Example for subparagraph (iii)—The proposed subsidence impact report does not identify a relevant holder for the subsidence management area as the responsible holder for agricultural land in relation to a matter and, in the circumstances, it is appropriate for a relevant holder to be identified as the responsible holder for the land in relation to the matter.
(2)The chief executive may, within 30 business days after receiving the proposed subsidence impact report, give the office a notice stating—(a)why the chief executive considers the proposed report should be modified; and(b)how the proposed report must be modified; and(c)that the office must either—(i)modify the proposed report in the way stated in the notice and give the amended proposed report to the chief executive within a stated reasonable period; or(ii)make a submission within a stated reasonable period, which must be at least 30 business days after the notice is given, about why the proposed report should not be modified.
(3)If the office makes a submission within the stated period and, after considering the submission, the chief executive still considers the proposed subsidence impact report should be modified, the chief executive may give the office a notice stating—(a)how the proposed report must be modified; and(b)a reasonable period within which the modified proposed report must be given to the chief executive.
(4)If the office is given a notice under subsection (2) or (3), the office must comply with the notice.(5)The chief executive may give the office more than 1 notice under this section.184CI Decision on proposed report(1)If the office gives the chief executive a proposed subsidence impact report for a subsidence management area under this division, the chief executive must decide to approve the report within 30 business days after—(a)receiving the proposed report; or(b)if the chief executive gives the office a notice about modifying the proposed report under section 184CH(2)—the proposed report is finalised under that section, whether or not the proposed report is modified.
(2)The chief executive must, within 10 business days after approving the proposed subsidence impact report, give notice of the decision to—(a)the office; and(b)each relevant holder for the subsidence management area.
(3)The notice must state the day the approved report takes effect.(4)The day stated in the notice for subsection (3) must not—(a)be earlier than the day the notice is given; or(b)later than 30 business days after the notice is given.
(5)A subsidence impact report takes effect on the day stated in the notice.184CJ Publishing approval and making approved report available(1)If the chief executive gives the office a notice approving a subsidence impact report for a subsidence management area, the chief executive must, within 10 business days after giving the notice of the approval—(a)publish a notice about the approval that complies with subsection (2)—(i)on a Queensland government website; and(ii)any other way the chief executive considers appropriate; and
(b)publish the approved subsidence impact report on a Queensland government website.
(2)The notice must state—(a)that copies of the approved subsidence impact report may be obtained from the chief executive; and(b)how the copies may be obtained.
(3)The chief executive must give a copy of the approved subsidence impact report to any person who requests a copy.184CK Effect of subsidence impact report taking effect(1)On the day a subsidence impact report (the new report) for a subsidence management area takes effect, any existing subsidence impact report (the former report) for the area ceases to have effect.(2)However, if the new report ceases to have effect under section 184CQ(2) or (3), the former report continues to have effect.(3)Subsection (1) does not prevent proceedings being started or continued for an offence against this chapter arising from a matter stated in a subsidence impact report that has ceased to have effect under subsection (1), if the offence happened when the report was in effect.Division 3Amending subsidence impact report184CL Minor or agreed amendments(1)The chief executive may give the office a notice directing the office to amend a subsidence impact report for a subsidence management area if—(a)the amendment is only to—(i)correct a minor error; or(ii)update the details of a relevant holder for the area; or(iii)make another change that is not a change of substance; or
(b)the office and any relevant holder for the area affected by the amendment agree to the amendment.
(2)If the chief executive gives the office a notice under subsection (1), the office must—(a)amend the subsidence impact report in the way directed by the chief executive; and(b)give notice of the amendment to the chief executive.
(3)The chief executive must give notice of the amendment to each relevant holder, and each owner and occupier of agricultural land, affected by the amendment.(4)An amendment takes effect on the day the office makes the amendment.184CM Other amendments(1)This section applies if the chief executive considers that an amendment, other than an amendment to which section 184CL applies, should be made of a subsidence impact report for a subsidence management area.(2)The chief executive may give the office a notice stating—(a)why the chief executive considers the subsidence impact report should be amended; and(b)how the report should be amended; and(c)that the office must either—(i)propose an amendment of the report and give the proposed amendment to the chief executive for approval within a stated reasonable period; or(ii)make a submission within a stated reasonable period, which must be at least 30 business days after the notice is given, about why the report should not be amended.
(3)If the office makes a submission within the stated period and, after considering the submission, the chief executive still considers the subsidence impact report should be amended, the chief executive may give the office a notice stating—(a)how the report should be amended; and(b)that the office must propose an amendment of the report and give the proposed amendment to the chief executive for approval within a stated reasonable period.
(4)If the office is given a notice under subsection (2) or (3), the office must comply with the notice.(5)Sections 184CE, 184CF, 184CH and 184CI apply in relation to the proposed amendment as if a reference in those sections to a proposed subsidence impact report were a reference to the proposed amendment.184CN Form of amendmentAn amendment of a subsidence impact report may be in the form of—(a)a subsidence impact report with the amendment incorporated in the report; or(b)a separate document stating the amendment of the subsidence impact report.
184CO Publishing notice of amendment and making amended report available(1)This section applies if—(a)the office amends a subsidence impact report for a subsidence management area under section 184CL; or(b)the chief executive approves the amendment of a subsidence impact report for a subsidence management area under section 184CM.
(2)The chief executive must, within 10 business days after the office makes the amendment mentioned in subsection (1)(a) or the chief executive approves the amendment mentioned in subsection (1)(b)—(a)publish a notice about the amendment that complies with subsection (3)—(i)on a Queensland government website; and(ii)any other way the chief executive considers appropriate; and
(b)publish the amended subsidence impact report or the amendment on a Queensland government website.
(3)The notice must state—(a)that copies of the amended subsidence impact report or the amendment may be obtained from the chief executive; and(b)how the copies may be obtained.
(4)The chief executive must give a copy of the amended subsidence impact report or the amendment to any person who requests a copy.184CP Effect of amendment taking effect(1)On the day an amendment of a subsidence impact report for a subsidence management area takes effect—(a)the existing subsidence impact report (the former report) for the area ceases to have effect; and(b)the subsidence impact report for the area, as amended, (the new report) starts to have effect.
(2)However, if the new report ceases to have effect under section 184CQ(2) or (3), the former report continues to have effect.(3)Subsection (1)(a) does not prevent proceedings being started or continued for an offence against this chapter arising from a matter stated in a subsidence impact report that has ceased to have effect under subsection (1)(a), if the offence happened when the report was in effect.Division 4Tabling requirement184CQ Tabling requirement(1)A subsidence impact report document must be tabled in the Legislative Assembly within 14 sitting days after the chief executive approves the document.(2)If a subsidence impact report document is not tabled under subsection (1), the document ceases to have effect.(3)The Statutory Instruments Act 1992, sections 50 and 51 apply to a subsidence impact report document as if the document were subordinate legislation.(4)In this section—subsidence impact report document means—(a)a subsidence impact report; or(b)an amendment of a subsidence impact report, other than an amendment under section 184CL.
Part 4Identification, assessment and monitoring of impacts of CSG-induced subsidenceDivision 1Land monitoring184DA Application of division This division applies in relation to a relevant holder for a subsidence management area if the holder is—(a)identified in a subsidence impact report for the area as a responsible holder for undertaking land monitoring of agricultural land in the area; or(b)given a subsidence management direction directing the holder to undertake land monitoring of agricultural land in the area.
Note—Generally speaking—(a)a subsidence impact report identifies responsible holders for undertaking land monitoring of agricultural land that is category A land, category B land or category C land (see schedule 1A, section 10); and(b)a subsidence management direction may require land monitoring to be undertaken of agricultural land (see section 184KB).
184DB What is land monitoring of agricultural landLand monitoring, of agricultural land, is the ongoing monitoring of the land to obtain information about changes in relation to the land, including any changes to the drainage, slope or form of the land that may have happened because of ground motion or CSG-induced subsidence.184DC Relevant holder to undertake land monitoringThe relevant holder must undertake land monitoring of the agricultural land on or before each due day, unless the holder has a reasonable excuse.Maximum penalty—1,665 penalty units.184DD Method of undertaking land monitoringThe relevant holder must ensure the land monitoring of the agricultural land is undertaken in a way that complies with—(a)the prescribed requirements for undertaking the land monitoring; or(b)if there are no prescribed requirements for undertaking the land monitoring—best practice industry standards for carrying out work similar in nature to undertaking land monitoring of agricultural land.
Maximum penalty—300 penalty units.Note—See division 4 in relation to the making of guidelines about how any prescribed requirements may be complied with and the use of the guidelines in a proceeding for an offence against this section.184DE Giving information from land monitoring to officeThe relevant holder must, on or before each due day, give the office—(a)a copy of the information obtained by the land monitoring of the agricultural land; and(b)notice in the approved form of the information.
Maximum penalty—500 penalty units.184DF Giving information from land monitoring to owners and occupiers of agricultural land(1)This section applies if—(a)the relevant holder has undertaken the land monitoring of the agricultural land; and(b)an owner or occupier of the land asks the holder in writing for a copy of the information obtained by the land monitoring.
(2)The relevant holder must, on or before the relevant day, give the owner or occupier—(a)a copy of the information obtained by the land monitoring; and(b)a document about the information in a form that is reasonably likely to be understood by the owner or occupier.
Maximum penalty—100 penalty units.(3)In this section—relevant day means 10 business days after—(a)if the relevant holder receives the written request before the due day for section 184DE—the due day; or(b)if the relevant holder receives the written request on or after the due day for section 184DE—receiving the written request.
184DG Relevant holder to give notice and information about error or change in circumstances(1)This section applies if the relevant holder becomes aware—(a)there is an error in a material particular in information about the agricultural land given to the office under section 184DE; or(b)there has been a significant change in circumstances since the information was given to the office.
(2)The relevant holder must, within 30 business days after becoming aware of the error or change in circumstances, give the office—(a)a notice stating a brief description of the error or change in circumstances; and(b)a copy of any information in the holder’s possession or control the office may use to correct the error or address the change in circumstances.
Maximum penalty—300 penalty units.Division 2Baseline data collection184EA Application of divisionThis division applies in relation to a relevant holder for a subsidence management area if the holder is—(a)identified in a subsidence impact report for the area as a responsible holder for undertaking baseline data collection for agricultural land in the area; or(b)given a subsidence management direction directing the holder to undertake baseline data collection for agricultural land in the area.
Note—Generally speaking—(a)a subsidence impact report identifies responsible holders for undertaking baseline data collection for agricultural land that is category A land or category B land (see schedule 1A, section 11); and(b)a subsidence management direction may require baseline data collection to be undertaken for agricultural land (see section 184KB).
184EB What is baseline data collection for agricultural landBaseline data collection, for agricultural land, is the collection of data at a point in time to obtain information about the land before CSG-induced subsidence happened on the land, including the drainage, slope, form and use of the land.184EC Relevant holder to undertake baseline data collectionThe relevant holder must undertake baseline data collection for the agricultural land on or before the due day, unless the holder has a reasonable excuse.Maximum penalty—1,665 penalty units.184ED Method of undertaking baseline data collectionThe relevant holder must ensure the baseline data collection for the agricultural land is undertaken in a way that complies with—(a)the prescribed requirements for undertaking the baseline data collection; or(b)if there are no prescribed requirements for undertaking the baseline data collection—best practice industry standards for carrying out work similar in nature to undertaking baseline data collection for agricultural land.
Maximum penalty—300 penalty units.Note—See division 4 in relation to the making of guidelines about how any prescribed requirements may be complied with and the use of the guidelines in a proceeding for an offence against this section.184EE Giving baseline data to officeThe relevant holder must, on or before the due day, give the office— (a)a copy of the data collected by the baseline data collection for the agricultural land; and(b)notice in the approved form of the data.
Maximum penalty—500 penalty units.184EF Giving baseline data to owners and occupiers of agricultural landThe relevant holder must, on or before the due day, give each owner and occupier of the agricultural land—(a)a copy of the data collected by the baseline data collection for the land; and(b)a document about the data in a form that is reasonably likely to be understood by the owner or occupier.
Maximum penalty—500 penalty units.184EG Relevant holder to give notice and information about error or change in circumstances(1)This section applies if the relevant holder becomes aware—(a)there is an error in a material particular in data about the agricultural land given to the office under section 184EE; or(b)there has been a significant change in circumstances since the data was given to the office.
(2)The relevant holder must, within 30 business days after becoming aware of the error or change in circumstances, give the office—(a)a notice stating a brief description of the error or change in circumstances; and(b)a copy of any information in the holder’s possession or control the office may use to correct the error or address the change in circumstances.
Maximum penalty—300 penalty units.184EH Relevant holder to seek particular informationFor the purpose of undertaking baseline data collection for the agricultural land under this division, the relevant holder must use all reasonable endeavours to obtain, from the owner or occupier of the land—(a)information about what the land is being used for, including farming practices or infrastructure on the land; and(b)any other information the holder reasonably requires to undertake baseline data collection for the land.
Note—See the P&G Act, chapter 10, part 2, division 4 in relation to noncompliance action that may be taken if a holder of a petroleum resource authority (csg) fails to comply with this Act.Division 3Farm field assessments184FA Application of divisionThis division applies in relation to a relevant holder for a subsidence management area if the holder is—(a)identified in a subsidence impact report for the area as a responsible holder for undertaking a farm field assessment of agricultural land in the area; or(b)given a subsidence management direction directing the holder to undertake a farm field assessment of agricultural land in the area.
Note—Generally speaking—(a)a subsidence impact report identifies responsible holders for undertaking farm field assessments of agricultural land that is category A land (see schedule 1A, section 12); and(b)a subsidence management direction may require a farm field assessment to be undertaken of agricultural land (see section 184KB).
184FB What is a farm field assessment of agricultural land(1)A farm field assessment, of agricultural land, is an assessment of the land undertaken by a relevant holder for a subsidence management area that assesses—(a)the CSG-induced subsidence that has happened or is predicted to happen on the land; and(b)the susceptibility of uses of, or farming practices on, the land to changes because of the CSG-induced subsidence; and(c)the impacts or predicted impacts of the CSG-induced subsidence or predicted CSG-induced subsidence on the ability to undertake, or the productivity of, agricultural activities on the land.
(2)If an impact or predicted impact mentioned in subsection (1)(c) is assessed to be more than minor, the farm field assessment of the agricultural land must state that the relevant holder is required to enter into a subsidence management plan with each owner and occupier of the land.184FC Restriction on starting to produce coal seam gas using particular petroleum wells(1)This section applies if—(a)a petroleum well of the relevant holder is within or partly within, or under or partly under, the agricultural land; and(b)when the holder is identified in the subsidence impact report or given a subsidence management direction as mentioned in section 184FA, the holder has not started to produce coal seam gas using the petroleum well.
(2)The relevant holder must not start to produce coal seam gas using the petroleum well until any of the following happens—(a)a farm field assessment of the agricultural land is undertaken under this division and the assessment does not state that the holder is required to enter into a subsidence management plan with each owner and occupier of the land;(b)a farm field assessment of the agricultural land undertaken under this division states that the holder is required to enter into a subsidence management plan with each owner and occupier of the land and for each owner and occupier, the holder has either—(i)entered into a subsidence management plan or subsidence opt-out agreement for the land with the owner or occupier; or(ii)applied to the Land Court under section 184HM to decide a dispute with the owner or occupier about a subsidence management measure for the land;
(c)the holder and each owner and occupier of the agricultural land agree in writing that the holder may start to produce coal seam gas using the petroleum well.
Maximum penalty—1,665 penalty units.(3)To remove any doubt, it is declared that an agreement under subsection (2)(c) between the relevant holder and each owner and occupier of the agricultural land does not affect the requirement for the holder to undertake a farm field assessment of the land under this division.(4)This section does not apply to a relevant holder for a subsidence management area if—(a)this division applies to the holder because the holder is given a subsidence management direction to undertake a farm field assessment of agricultural land in the area; and(b)the subsidence management direction is given after the first subsidence impact report for the area is approved.
(5)In this section—petroleum well see the P&G Act, schedule 2.184FD Relevant holder to undertake farm field assessment and commission audit(1)The relevant holder must undertake a farm field assessment of the land on or before the due day, unless the holder has a reasonable excuse.Maximum penalty—1,665 penalty units.(2)The relevant holder must commission an audit of the farm field assessment of the agricultural land by a farm field auditor who is independent from the holder and each owner and occupier of the land on or before the due day, unless the holder has a reasonable excuse.Maximum penalty—1,665 penalty units.(3)Subsection (2) does not apply if the relevant holder and each owner and occupier of the agricultural land agree in writing that an audit of the farm field assessment of the land is not required.184FE Method of undertaking farm field assessmentThe relevant holder must ensure the farm field assessment of the agricultural land is undertaken in a way that complies with—(a)the prescribed requirements for undertaking the farm field assessment; or(b)if there are no prescribed requirements for undertaking the farm field assessment—best practice industry standards for carrying out work similar in nature to undertaking a farm field assessment of agricultural land.
Maximum penalty—300 penalty units.Note—See division 4 in relation to the making of guidelines about how any prescribed requirements may be complied with and the use of the guidelines in a proceeding for an offence against this section.184FF Notice of outcome of farm field assessment(1)The relevant holder must, on or before the due day, give the office and each owner and occupier of the agricultural land— (a)notice in the approved form of the outcome of the farm field assessment of the land; and(b)a written statement of reasons about the assessment of the extent of impacts or predicted impacts mentioned in section 184FB(1)(c); and(c)each document that must accompany the notice under subsection (2) or (3).
Maximum penalty—500 penalty units.(2)If the farm field assessment of the agricultural land states that the relevant holder is required to enter into a subsidence management plan with each owner and occupier of the land, the notice under subsection (1) given to an owner or occupier of the land must be accompanied by a copy of a proposed draft of the subsidence management plan with the owner or occupier.(3)If the relevant holder commissioned an audit of the farm field assessment of the agricultural land, the notice under subsection (1) must be accompanied by—(a)an audit report for the farm field assessment; and(b)a declaration for the audit report stating the holder—(i)has given all relevant information to the farm field auditor; and(ii)has not knowingly given false or misleading information to the farm field auditor.
(4)The declaration mentioned in subsection (3)(b) must be made—(a)if the relevant holder is an individual—by the holder; or(b)if the relevant holder is a corporation—by an executive officer of the corporation.
(5)In this section—audit report, for a farm field assessment, means a report by a farm field auditor that—(a)is in the approved form; and(b)includes the auditor’s opinion about whether the relevant holder has complied with section 184FE in undertaking the farm field assessment; and(c)complies with the prescribed requirements for the report.
184FG Relevant holder to correct error or address change in circumstances(1)This section applies if the relevant holder becomes aware—(a)there is an error in a material particular in a farm field assessment of the agricultural land for which the holder has given notice of the outcome to the office; or(b)there has been a significant change in circumstances since the holder gave notice of the outcome of a farm field assessment of the agricultural land to the office.Examples of significant changes in circumstances—•a planned change to the authorised activities to be carried out for a petroleum resource authority (csg) that could be expected to change the extent of the impacts of CSG-induced subsidence on the agricultural land•a planned change to the agricultural activities on the agricultural land, including the location and timing of the activities•a planned change to the irrigation infrastructure or drainage flow paths on the agricultural land
(2)The relevant holder must, within 30 business days after becoming aware of the error or change in circumstances—(a)take reasonable steps to correct the error or address the change in circumstances; or(b)if there are no reasonable steps that can be taken to correct the error or address the change in circumstances—(i)undertake a farm field assessment of the agricultural land in a way that complies with section 184FE; and(ii)commission an audit of the farm field assessment by a farm field auditor; and(iii)comply with section 184FF(1) as if the farm field assessment undertaken under subparagraph (i) were undertaken under section 184FD(1).
Maximum penalty—500 penalty units.(3)Subsection (2)(b)(ii) does not apply if the relevant holder and each owner and occupier of the land agree in writing that an audit of the farm field assessment of the agricultural land is not required.184FH Approval of farm field auditors(1)The chief executive may approve a person as a farm field auditor if the chief executive is satisfied the person—(a)is appropriately qualified to carry out an audit of a farm field assessment of agricultural land; and(b)meets the prescribed requirements for being a farm field auditor.
(2)The chief executive must publish a list of farm field auditors on a Queensland government website.184FI Relevant holder to seek informationFor the purpose of undertaking a farm field assessment of the agricultural land under this division, the relevant holder must use all reasonable endeavours to obtain, from the owner or occupier of the land—(a)information about what the land is being used for, including farming practices or infrastructure on the land; and(b)any other information the holder reasonably requires to undertake the farm field assessment.
Note—See the P&G Act, chapter 10, part 2, division 4 in relation to noncompliance action that may be taken if a holder of a petroleum resource authority (csg) fails to comply with this Act.Division 4Guidelines about prescribed requirements184GA Chief executive may make guidelines(1)The chief executive may make guidelines about how any prescribed requirements for the following activities may be complied with—(a)land monitoring of agricultural land;(b)baseline data collection for agricultural land;(c)a farm field assessment of agricultural land.
(2)The chief executive must publish the guidelines, and any document applied, adopted or incorporated by the guidelines, on a Queensland government website.184GB Use of guidelines in proceedings(1)This section applies in relation to a proceeding for an offence against section 184DD, 184ED or 184FE.(2)A guideline about how the prescribed requirements mentioned in the section may be complied with is admissible as evidence of whether the prescribed requirements have been complied with.(3)The court may have regard to the guideline in deciding whether the prescribed requirements have been complied with.(4)Subsections (2) and (3) do not prevent a relevant holder for a subsidence management area from introducing evidence of compliance with the prescribed requirements in a way that is different from the guideline but otherwise satisfies the prescribed requirements.Part 5Management of, and compensation for, impacts of CSG-induced subsidenceDivision 1Subsidence management planSubdivision 1Preliminary184HA Application of divisionThis division applies in relation to a relevant holder for a subsidence management area if—(a)the holder undertook a farm field assessment of agricultural land in the area; and(b)the farm field assessment states that the holder is required to enter into a subsidence management plan with each owner and occupier of the land.Note—A farm field assessment of agricultural land must state that the relevant holder is required to enter into a subsidence management plan with each owner and occupier of the land if an impact or predicted impact mentioned in section 184FB(1)(c) is assessed to be more than minor.
184HB What is a subsidence management plan for agricultural land(1)A subsidence management plan for agricultural land is a plan that—(a)is agreed between the following parties—(i)the relevant holder;(ii)an owner or occupier of the land; and
(b)contains measures (each a subsidence management measure) for the land to address how and when the holder will manage the impacts of CSG-induced subsidence on the land.
(2)However, a subsidence management plan can not be inconsistent with this Act, the P&G Act or a condition of the relevant holder’s petroleum resource authority (csg), and is unenforceable to the extent of the inconsistency.(3)A subsidence management plan may be incorporated into a conduct and compensation agreement.(4)A subsidence management plan is invalid if it does not comply with the prescribed requirements for the plan.(5)In this section—impact, of CSG-induced subsidence on agricultural land, means an impact or predicted impact of CSG-induced subsidence or predicted CSG-induced subsidence on the ability to undertake, or the productivity of, agricultural activities on the land.Example of an impact or predicted impact—the effect of drainage issues on agricultural activities on the agricultural landmanage includes prevent, mitigate or remediate.Subdivision 2Requirements for relevant holder184HC Relevant holder to enter into subsidence management plan(1)The relevant holder must take reasonable steps to enter into a subsidence management plan with each owner and occupier of the agricultural land as provided under this division.Maximum penalty—1,665 penalty units.(2)However, subsection (1) does not apply to the relevant holder in relation to an owner or occupier of the agricultural land if the owner or occupier has elected to opt out from entering into the subsidence management plan under section 184HD.184HD Owner or occupier’s right to elect to opt out(1)An owner or occupier of the agricultural land may elect to opt out of entering into a subsidence management plan with the relevant holder.(2)The election to opt out is a subsidence opt-out agreement and is invalid if it does not comply with the prescribed requirements for the agreement.(3)Despite any term of the subsidence opt-out agreement, either party to the agreement may, by giving written notice to the other party to the agreement, unilaterally terminate the agreement within 10 business days of a signed copy of the agreement being given to the owner or occupier of the agricultural land.(4)A subsidence opt-out agreement for the agricultural land ends—(a)according to its terms; or(b)if the relevant holder’s petroleum resource authority (csg) ends; or(c)if it is terminated by a party under subsection (3); or(d)if the parties enter into—(i)a subsidence management plan for the land; or(ii)another subsidence opt-out agreement for the land.
(5)If the parties enter into a subsidence opt-out agreement, the relevant holder must, within 20 business days after the agreement is entered into, give the chief executive and the office a notice stating the following information—(a)that there is a subsidence opt-out agreement between the holder and each other party to the agreement;(b)the agricultural land the subject of the subsidence opt-out agreement.
Maximum penalty for subsection (5)—500 penalty units.184HE Giving notice of subsidence management plan to chief executive and office(1)This section applies if a subsidence management plan for the agricultural land— (a)is agreed to; or(b)is decided by the Land Court.
(2)The relevant holder must, on or before the relevant day, give the chief executive and the office a notice stating the following information—(a)that there is a subsidence management plan between the holder and each other party to the plan;(b)the agricultural land the subject of the subsidence management plan.
Maximum penalty—500 penalty units.(3)In this section—relevant day means—(a)if subsection (1)(a) applies—(i)the day that is 20 business days after the subsidence management plan is agreed to; or(ii)if the minimum negotiation period for the subsidence management plan has not ended by the day mentioned in subparagraph (i)—the day that is 10 business days after the minimum negotiation period ends; or
(b)if subsection (1)(b) applies—the day that is 20 business days after the Land Court’s decision is given to the relevant holder.
Subdivision 3Conferences with an authorised officer184HF Party may request conference(1)This section applies if a dispute arises about a subsidence management measure for the agricultural land or whether a measure should be a subsidence management measure for the land.(2)Either the relevant holder or the owner or occupier of the agricultural land (each a party) may give a notice (a conference election notice) to the other party requesting the other party to participate in a conference conducted by an authorised officer to seek to negotiate a resolution of the dispute.(3)The conference election notice must state—(a)details of the matters the subject of the dispute; and (b)any other information prescribed by regulation.
(4)However, a conference election notice may not be given under subsection (1) if an ADR election notice has already been given about the matters the subject of the dispute.184HG Conduct of conference(1)This section applies if a conference election notice is given under section 184HF.(2)The conference must be conducted under the prescribed requirements.(3)The authorised officer conducting the conference must take all reasonable steps to hold the conference within 20 business days after the conference election notice is given (the usual period).(4)A party may, within the usual period, ask the other party for a longer period because of stated reasonable or unforeseen circumstances.(5)If the parties agree to a longer period, and the authorised officer consents to the longer period, the longer period applies instead of the usual period.(6)If a party gives the other party an ADR election notice about any or all of the matters mentioned in section 184HF(3)(a), the conference ends.(7)Nothing said by a person at the conference is admissible in evidence in a proceeding without the person’s consent.Subdivision 4Negotiation and ADR184HH Negotiations(1)The relevant holder and the owner or occupier of the agricultural land (the parties) must use all reasonable endeavours to negotiate a subsidence management plan.(2)The period of the negotiations—(a)must be at least for 3 months (the minimum negotiation period) from the day the relevant holder gave the owner or occupier notice in the approved form of the outcome of the farm field assessment under section 184FF; and(b)may continue for a longer period agreed to by the parties.
(3)If the parties agree to a longer period, the agreed longer period is the minimum negotiation period.(4)The negotiations under this subdivision end if the parties enter into a subsidence opt-out agreement.184HI Cooling-off during minimum negotiation period(1)This section applies if the parties enter into a subsidence management plan during the minimum negotiation period.(2)Either party may, within the minimum negotiation period, terminate the subsidence management plan by giving notice to the other party.(3)On the giving of a notice under subsection (2), the terminated subsidence management plan is taken never to have had any effect.184HJ ADR required if no subsidence management plan(1)This section applies if, at the end of the minimum negotiation period, the parties have not entered into a subsidence management plan because of a dispute about a subsidence management measure or whether a measure should be a subsidence management measure.(2)The relevant holder must, within 20 business days after the end of the minimum negotiation period, give an ADR election notice to the other party requiring the other party to participate in ADR to seek to negotiate a resolution of the dispute.(3)Subsection (2) does not apply to the relevant holder if the other party gives the holder, within 20 business days after the end of the minimum negotiation period, an ADR election notice requiring the holder to participate in ADR to seek to negotiate a resolution of the dispute.(4)For subsections (2) and (3), the dispute is resolved by the parties entering into a subsidence management plan.(5)A party given an ADR election notice must, within 10 business days after the notice is given, accept or refuse the type of ADR, and the ADR facilitator, proposed in the notice.(6)If the party given an ADR election notice does not accept, under subsection (5), the type of ADR or ADR facilitator proposed in the notice, the party giving the notice may make another proposal, or obtain a decision from the Land Court or a prescribed ADR institute, about the matter not accepted.(7)If a party obtains a decision under subsection (6) from the Land Court or a prescribed ADR institute, the party must give the other party notice of the decision.(8)Chapter 7A, part 1, division 2 applies to the ADR.184HK Recovery of negotiation and preparation costs(1)This section applies if an owner or occupier of agricultural land necessarily and reasonably incurs negotiation and preparation costs in entering or seeking to enter into a subsidence management plan with the relevant holder.(2)The relevant holder is liable to pay to the owner or occupier the negotiation and preparation costs necessarily and reasonably incurred. Subdivision 5ADR about particular costs and material changes in circumstances184HL Party may seek ADR(1)This section applies if a dispute arises between the relevant holder and an owner or occupier of agricultural land (the parties) about—(a)the payment of negotiation and preparation costs under section 184HK; or(b)whether a subsidence management measure in a subsidence management plan for the land has been affected by a material change in circumstances.
(2)Either party may give an ADR election notice to the other party asking the other party to participate in ADR to seek to negotiate a resolution of the dispute.(3)A party given an ADR election notice must, within 10 business days after the notice is given, accept or refuse the request for ADR.(4)If a party given an ADR election notice does not accept the request for ADR within 10 business days after the notice is given, the party is taken to refuse the request.(5)If the request for ADR is accepted under subsection (3), the parties may, within 10 business days after the acceptance, jointly appoint the ADR facilitator proposed in the ADR election notice, or another ADR facilitator, to conduct the ADR.(6)Chapter 7A, part 1, division 2 applies to the ADR.Subdivision 6Land Court jurisdiction184HM Application to Land Court if ADR period ends without subsidence management plan(1)This section applies if—(a)a party has given an ADR election notice under section 184HJ to another party seeking to negotiate the resolution of a dispute; and(b)at the end of the ADR period for the ADR, the parties have not entered into a subsidence management plan.
(2)The ADR facilitator must give the parties a notice (an end of ADR notice) stating that—(a)the ADR period for the ADR has ended; and(b)the relevant holder must apply to the Land Court to decide the dispute within 20 business days after receiving the end of ADR notice.
(3)The relevant holder must, within 20 business days after receiving the end of ADR notice—(a)apply to the Land Court to decide the dispute; and(b)give the chief executive a notice stating the following information—(i)that the holder has applied to the Land Court to decide the dispute;(ii)the agricultural land the subject of the dispute;(iii)the names of the other parties to the dispute.
(4)The Land Court decides the dispute by declaring a subsidence management plan for the parties that provides for the subsidence management measures decided by the Land Court.184HN Negotiation and preparation costs(1)A party may apply to the Land Court for— (a)a declaration that all or part of stated costs are payable under section 184HK; or(b)if the party is an owner or occupier of agricultural land—an order requiring the payment of negotiation and preparation costs under section 184HK.
(2)The Land Court may, in a proceeding mentioned in subsection (1) or a proceeding brought under section 184HM, make a declaration about, or an order for the payment of, negotiation and preparation costs under section 184HK.(3)However, if the costs are the costs of a relevant specialist, the Land Court can not make a declaration or order in relation to the costs unless the relevant specialist is appropriately qualified to perform the function for which the costs are incurred.184HO Orders Land Court may make(1)The Land Court may make any order it considers appropriate to enable or enforce its decision on an application under this subdivision.(2)Without limiting subsection (1), the Land Court may order—(a)non-monetary compensation as well as monetary compensation; or(b)that a party not engage in particular conduct; or(c)that the parties engage in further ADR.
(3)In considering whether to make an order under subsection (2)(c), the Land Court may have regard to the behaviour of the parties in the process leading to the application.184HP Jurisdiction to decide alleged breach of subsidence management plan(1)Subsection (2) applies if a party to a subsidence management plan believes the other party has breached a condition of the plan.(2)The party may apply to the Land Court for an order about the alleged breach.(3)An application may be made during the term, or after the end, of the subsidence management plan.(4)The Land Court may make any order it considers appropriate on an application under this section.(5)In this section—party, to a subsidence management plan, means—(a)the following persons who entered into the plan—(i)the relevant holder;(ii)the owner or occupier of agricultural land; or
(b)the successors and assigns of a party mentioned in paragraph (a) that are bound by the plan under division 3.
subsidence management plan means a subsidence management plan for which the minimum negotiation period has ended.184HQ Review of subsidence management measure by Land Court(1)This section applies if—(a)a relevant holder for a subsidence management area and an owner or occupier of agricultural land in the area are parties to a subsidence management plan; and(b)there has been a material change in circumstances (the change) affecting a subsidence management measure (the original subsidence management measure) in the subsidence management plan.
(2)The relevant holder or the owner or occupier of the agricultural land may apply to the Land Court for a review of the original subsidence management measure.(3)In carrying out the review, the Land Court may review the original subsidence management measure only to the extent it is affected by the change.(4)If the Land Court considers the original subsidence management measure is not affected by the change, it must not carry out or continue with the review.(5)The Land Court may, after carrying out the review, decide to confirm the original subsidence management measure or amend it in a way the Court considers appropriate.(6)In making the decision, the Land Court must have regard to—(a)all criteria prescribed by regulation applying for the decision; and(b)whether the applicant has attempted to negotiate the matter the subject of the dispute; and(c)any other matter the Court considers relevant to making the decision.
(7)If the decision is to amend the original subsidence management measure, the original subsidence management measure as amended under the decision is, for this Act, taken to be the original subsidence management measure.Division 2Subsidence compensation agreementSubdivision 1Preliminary184IA Definitions for divisionIn this division—compensation liability see section 184IC(3).subsidence claimant see section 184IC(1).184IB What is a subsidence compensation agreement for agricultural land(1)A subsidence compensation agreement for agricultural land is an agreement—(a)entered into by the following parties—(i)a relevant holder for a subsidence management area;(ii)a subsidence claimant for the land; and
(b)that is about the relevant holder’s compensation liability to the subsidence claimant.
(2)However, a subsidence compensation agreement can not be inconsistent with this Act, the P&G Act or a condition of the relevant holder’s petroleum resource authority (csg), and is unenforceable to the extent of the inconsistency.(3)A subsidence compensation agreement may be incorporated into a conduct and compensation agreement.(4)A subsidence compensation agreement is invalid if it does not comply with the prescribed requirements for the agreement.Subdivision 2Liability and information requirement184IC General liability to compensate(1)A relevant holder for a subsidence management area is liable to compensate an owner or occupier of agricultural land in the area (each a subsidence claimant) for each compensatable effect suffered by the subsidence claimant because of the holder.(2)However, a subsidence claimant is not entitled to be compensated by the relevant holder under this division for any cost, damage or loss for which the subsidence claimant has been, or is entitled to be, compensated under chapter 3, part 7.(3)A relevant holder’s liability to compensate a subsidence claimant under this section is the holder’s compensation liability to the subsidence claimant.(4)In this section—compensatable effect, suffered by a subsidence claimant because of a relevant holder means—(a)any cost, damage or loss incurred by the claimant because of—(i)the impacts or predicted impacts of CSG-induced subsidence happening because of the holder; orExample of an impact or predicted impact—the effect of drainage issues on agricultural activities on the agricultural land owned or occupied by the claimant(ii)the holder entering the private land owned or occupied by the claimant to undertake a subsidence activity as provided under chapter 3, part 2, division 4A; and
(b)consequential loss incurred by the claimant arising out of cost, damage or loss mentioned in paragraph (a).
184ID Giving notice of subsidence compensation agreement to chief executive(1)This section applies if—(a)a subsidence compensation agreement is agreed to; or(b)the compensation liability of a relevant holder for a subsidence management area is decided by an arbitrator or the Land Court.
(2)The relevant holder must, on or before the relevant day, give the chief executive a notice stating the following information—(a)that the holder—(i)has agreed to a subsidence compensation agreement; or(ii)has been given a decision by an arbitrator or the Land Court about the holder’s compensation liability;
(b)the agricultural land the subject of the subsidence compensation agreement or the arbitrator’s or the Land Court’s decision;(c)the names of the other parties to the subsidence compensation agreement or the dispute the subject of the arbitrator’s or the Land Court’s decision.
Maximum penalty—500 penalty units.(3)In this section—relevant day means—(a)if subsection (1)(a) applies—(i)the day that is 20 business days after the subsidence compensation agreement is agreed to; or(ii)if the minimum negotiation period for the subsidence compensation agreement has not ended by the day mentioned in subparagraph (i)—the day that is 10 business days after the minimum negotiation period ends; or
(b)if subsection (1)(b) applies—the day that is 20 business days after the arbitrator’s or the Land Court’s decision is given to the relevant holder.
Subdivision 3Conferences with an authorised officer184IE Party may request conference(1)This section applies if a dispute arises about the compensation liability of a relevant holder for a subsidence management area to a subsidence claimant.(2)Either the relevant holder or the subsidence claimant (each a party) may give a notice (a conference election notice) to the other party requesting the other party to participate in a conference conducted by an authorised officer to seek to negotiate a resolution of the dispute.(3)The conference election notice must state—(a)details of the matters the subject of the dispute; and (b)any other information prescribed by regulation.
(4)However, a conference election notice may not be given under subsection (1) if an ADR election notice or arbitration election notice has already been given about the matters the subject of the dispute.184IF Conduct of conference(1)This section applies if a conference election notice is given under section 184IE.(2)The conference must be conducted under the prescribed requirements.(3)The authorised officer conducting the conference must take all reasonable steps to hold the conference within 20 business days after the conference election notice is given (the usual period).(4)A party may, within the usual period, ask the other party for a longer period because of stated reasonable or unforeseen circumstances.(5)If the parties agree to a longer period, and the authorised officer consents to the longer period, the longer period applies instead of the usual period.(6)If a party gives the other party an ADR election notice, or an arbitration election notice, about any or all of the matters mentioned in section 184IE(3)(a), the conference ends.(7)Nothing said by a person at the conference is admissible in evidence in a proceeding without the person’s consent.Subdivision 4Negotiation and ADR184IG Giving negotiation notice for subsidence compensation agreement(1)If a relevant holder for a subsidence management area has a compensation liability to a subsidence claimant, the holder or the claimant (each a party) may give the other party a notice (the negotiation notice) that the party wishes to negotiate a subsidence compensation agreement with the other party.(2)The negotiation notice is invalid if it does not comply with the prescribed requirements for the notice.184IH Negotiations(1)On the giving of the negotiation notice, the parties must use all reasonable endeavours to negotiate a subsidence compensation agreement.(2)The period of the negotiations—(a)must be at least for 3 months (the minimum negotiation period); and(b)may continue for a longer period agreed to by the parties.
(3)If the parties agree to a longer period, the agreed longer period is the minimum negotiation period.184II Cooling-off during minimum negotiation period(1)This section applies if the parties enter into a subsidence compensation agreement during the minimum negotiation period.(2)Either party may, within the minimum negotiation period, terminate the subsidence compensation agreement by giving notice to the other party.(3)On the giving of a notice under subsection (2), the terminated subsidence compensation agreement is taken never to have had any effect.184IJ Party may require ADR(1)This section applies if, at the end of the minimum negotiation period, the parties have not entered into a subsidence compensation agreement because of a dispute about the compensation liability of the relevant holder to the subsidence claimant.(2)Either party may give an ADR election notice to the other party requiring the other party to participate in ADR to seek to negotiate a resolution of the dispute.(3)For subsection (2), the dispute is resolved by the parties entering into a subsidence compensation agreement.(4)A party given an ADR election notice must, within 10 business days after the notice is given, accept or refuse the type of ADR, and the ADR facilitator, proposed in the notice.(5)If the party given an ADR election notice does not accept, under subsection (4), the type of ADR or ADR facilitator proposed in the notice, the party giving the notice may make another proposal, or obtain a decision from the Land Court or a prescribed ADR institute, about the matter not accepted.(6)If a party obtains a decision under subsection (5) from the Land Court or a prescribed ADR institute, the party must give the other party notice of the decision.(7)Chapter 7A, part 1, division 2 applies to the ADR.184IK Recovery of negotiation and preparation costs(1)This section applies if a subsidence claimant necessarily and reasonably incurs negotiation and preparation costs in entering or seeking to enter into a subsidence compensation agreement with a relevant holder for a subsidence management area.(2)The relevant holder is liable to pay to the subsidence claimant the negotiation and preparation costs necessarily and reasonably incurred. Subdivision 5Arbitration184IL Party may request arbitration(1)This section applies if—(a)a party has given a negotiation notice under section 184IG to another party seeking to negotiate the resolution of a dispute and at the end of the minimum negotiation period, the parties have not negotiated a subsidence compensation agreement; or(b)a party has given an ADR election notice under section 184IJ to another party seeking to negotiate the resolution of a dispute and at the end of the ADR period for the ADR, the parties have not entered into a subsidence compensation agreement.
(2)Either party may give an arbitration election notice to the other party requesting the other party to participate in an arbitration to decide the dispute.(3)A party given an arbitration election notice must, within 15 business days after the notice is given, accept or refuse the request for arbitration. (4)If a party given an arbitration election notice does not accept the request for arbitration within 15 business days after the notice is given, the party is taken to refuse the request.(5)If the request for arbitration is accepted under subsection (3), the parties may, within 10 business days after the acceptance, jointly appoint the arbitrator proposed in the arbitration election notice, or another arbitrator, to conduct the arbitration.(6)If the parties do not, under subsection (5), jointly appoint an arbitrator, the party giving the arbitration election notice must require a prescribed arbitration institute to appoint an arbitrator, who is independent of both parties, to conduct the arbitration.(7)A prescribed arbitration institute does not incur any civil monetary liability for an act or omission in the performance, or purported performance, of a function under subsection (6) unless the act or omission is done or made in bad faith or through negligence.(8)Chapter 7A, part 2, division 2 applies to the arbitration.184IM Effect of arbitrator’s decision(1)The arbitrator’s decision is final.(2)The parties may not apply for review of, or appeal against, the decision.(3)The arbitrator’s decision does not limit or otherwise affect a power of the Supreme Court to decide a decision of the arbitrator is affected by jurisdictional error.(4)The arbitrator’s decision has the same effect as if the parties had entered into a binding and enforceable agreement to the same effect as the decision.Subdivision 6ADR about particular costs and material changes in circumstances184IN Party may seek ADR(1)This section applies if a dispute arises between a relevant holder for a subsidence management area and a subsidence claimant (the parties) about—(a)the payment of negotiation and preparation costs under section 184IK; or(b)whether the compensation liability of the holder to the claimant, agreed to under a subsidence compensation agreement or decided by an arbitrator or the Land Court, has been affected by a material change in circumstances since the agreement or decision.
(2)Either party may give an ADR election notice to the other party asking the other party to participate in ADR to seek to negotiate a resolution of the dispute.(3)A party given an ADR election notice must, within 10 business days after the notice is given, accept or refuse the request for ADR.(4)If a party given an ADR election notice does not accept the request for ADR within 10 business days after the notice is given, the party is taken to refuse the request.(5)If the request for ADR is accepted under subsection (3), the parties may, within 10 business days after the acceptance, jointly appoint the ADR facilitator proposed in the ADR election notice, or another ADR facilitator, to conduct the ADR.(6)Chapter 7A, part 1, division 2 applies to the ADR.Subdivision 7Land Court jurisdiction184IO Party may apply to Land Court(1)This section applies if—(a)a party has given an ADR election notice under section 184IJ to another party seeking to negotiate the resolution of a dispute; and(b)at the end of the ADR period for the ADR, the parties have not entered into a subsidence compensation agreement; and(c)the dispute is not the subject of arbitration under chapter 7A, part 2, division 2.
(2)Either party may apply to the Land Court to decide the dispute.(3)However, the Land Court may decide the compensation liability only to the extent it is not subject to a subsidence compensation agreement between the parties.184IP Negotiation and preparation costs(1)A party may apply to the Land Court for— (a)a declaration that all or part of stated costs are payable under section 184IK; or(b)if the party is a subsidence claimant—an order requiring the payment of negotiation and preparation costs under section 184IK.
(2)The Land Court may, in a proceeding mentioned in subsection (1) or a proceeding brought under section 184IO, make a declaration about, or an order for the payment of, negotiation and preparation costs under section 184IK.(3)However, if the costs are the costs of a relevant specialist, the Land Court can not make a declaration or order in relation to the costs unless the relevant specialist is appropriately qualified to perform the function for which the costs are incurred.184IQ Orders Land Court may make(1)The Land Court may make any order it considers appropriate to enable or enforce its decision on an application under this subdivision.(2)Without limiting subsection (1), the Land Court may order—(a)non-monetary compensation as well as monetary compensation; or(b)that a party not engage in particular conduct; or(c)that the parties engage in further ADR.
(3)In considering whether to make an order under subsection (2)(c), the Land Court may have regard to the behaviour of the parties in the process leading to the application.184IR Additional jurisdiction for compensation and related matters(1)This section applies to a relevant holder for a subsidence management area and a subsidence claimant (the parties) if there is a subsidence compensation agreement between the parties.(2)The Land Court may do all or any of the following—(a)assess all or part of the relevant holder’s compensation liability to the subsidence claimant;(b)decide a matter related to the compensation liability;(c)make any order it considers necessary or desirable for a matter mentioned in paragraph (a) or (b).
184IS Jurisdiction to impose or vary conditions(1)In deciding a matter mentioned in section 184IR(2), the Land Court may—(a)impose any condition it considers appropriate for the exercise of the parties’ rights; or(b)vary any existing condition under an agreement between the parties.
(2)The variation may be made on any ground the Land Court considers appropriate.(3)The imposed or varied condition is taken to be a condition of the agreement between the parties.(4)In this section—agreement means a subsidence compensation agreement.condition means a condition of or for a subsidence compensation agreement.184IT Jurisdiction to decide alleged breach of subsidence compensation agreement(1)Subsection (2) applies if a party to a subsidence compensation agreement believes the other party has breached a condition of the agreement.(2)The party may apply to the Land Court for an order about the alleged breach.(3)An application may be made during the term, or after the end, of the subsidence compensation agreement.(4)The Land Court may make any order it considers appropriate on an application under this section.(5)In this section—party, to a subsidence compensation agreement, means—(a)the following persons who entered into the agreement—(i)the relevant holder;(ii)the subsidence claimant; or
(b)the successors and assigns of a party mentioned in paragraph (a) that are bound by the agreement under division 3.
subsidence compensation agreement means a subsidence compensation agreement for which the minimum negotiation period has ended.184IU Review of compensation by Land Court(1)This section applies if—(a)the compensation liability of a relevant holder for a subsidence management area to a subsidence claimant has been agreed to under a subsidence compensation agreement or decided by an arbitrator or the Land Court (the original compensation); and(b)there has been a material change in circumstances (the change) since the agreement or decision.
(2)The relevant holder or the subsidence claimant may apply to the Land Court for a review of the original compensation.(3)In carrying out the review, the Land Court may review the original compensation only to the extent it is affected by the change.(4)If the Land Court considers the original compensation is not affected by the change, it must not carry out or continue with the review.(5)The Land Court may, after carrying out the review, decide to confirm the original compensation or amend it in a way the Court considers appropriate.(6)In making the decision, the Land Court must have regard to—(a)all criteria prescribed by regulation applying for the compensation; and(b)whether the applicant has attempted to negotiate the compensation liability; and(c)any other matter the Court considers relevant to making the decision.
(7)If the decision is to amend the original compensation, the original compensation as amended under the decision is, for this Act, taken to be the original compensation.Division 3Enduring effect of instruments and decisions184JA Definition for divisionIn this division—subsidence instrument means—(a)a subsidence compensation agreement; or(b)a subsidence management plan; or(c)a subsidence opt-out agreement.
184JB Subsidence instruments to be recorded on titles(1)A relevant holder for a subsidence management area who is a party to a subsidence instrument must, within 28 days after entering into the instrument, give the registrar notice of the instrument in the appropriate form.(2)If given a notice under subsection (1), the registrar must record in the relevant register the existence of the subsidence instrument.(3)Subsection (4) applies if—(a)the subsidence instrument ends; or(b)the land the subject of the subsidence instrument is subdivided, in whole or part, and the instrument does not apply to land within a new lot that is created as a result of the subdivision.
(4)The relevant holder who is a party to the subsidence instrument must give the registrar notice of the matter in the appropriate form within 28 days after—(a)if subsection (3)(a) applies—the instrument ends; or(b)if subsection (3)(b) applies—the day the holder becomes aware the land has been subdivided.
(5)If the registrar is given a notice under subsection (4) in relation to a subsidence instrument that has ended, the registrar must, if satisfied the instrument has ended or is no longer relevant for the land, remove the particulars of the instrument from the relevant register.(6)If the registrar is given a notice under subsection (4) in relation to the subdivision of land, the registrar must, if satisfied the subsidence instrument is not relevant for a new lot created by the subdivision, remove the particulars of the instrument from the relevant register to the extent it relates to the new lot.(7)The registrar must also remove the particulars of the subsidence instrument from the relevant register if—(a)requested to do so, in the appropriate form, by a party to the instrument; and(b)the registrar is satisfied the instrument has ended or is no longer relevant for the land.
(8)A relevant holder for a subsidence management area complying with subsection (1) or (4) is liable for the costs of recording the subsidence instrument in, or removing the instrument from, the relevant register.(9)A notice given under this section is invalid if it does not comply with the prescribed requirements for the notice.(10)A requirement of a relevant holder for a subsidence management area under subsection (1) or (4) is a condition of the holder’s petroleum resource authority (csg).(11)In this section—appropriate form—(a)if the subsidence instrument relates to land to which the Land Title Act 1994 applies—see schedule 2 of that Act; or(b)if the subsidence instrument relates to land to which the Land Act 1994 applies—see schedule 6 of that Act.
party, to a subsidence instrument, includes the successors and assigns of the party that are bound by the instrument under this division.registrar means the registrar of titles under the Land Title Act 1994.relevant register means—(a)for freehold land—the freehold land register; or(b)for any other land—the registry under the Land Act 1994, section 275.
184JC Subsidence instrument binding on successors and assignsA subsidence instrument binds the parties to the instrument, and each of their successors and assigns. 184JD Land Court decision binding on successors and assigns(1)This section applies to a decision of the Land Court under division 1, subdivision 6 or division 2, subdivision 7.(2)The decision binds the parties in the proceeding that led to the decision, and each of their successors and assigns. 184JE Arbitrator’s decision binding on successors and assigns(1)This section applies to a decision of an arbitrator under division 2, subdivision 5.(2)The decision binds the parties to the arbitration that led to the decision, and each of their successors and assigns. Part 6Directions about identifying, assessing, monitoring or managing impacts of CSG-induced subsidenceDivision 1Subsidence management directionsSubdivision 1Power to give subsidence management directions184KA Application of subdivision(1)This subdivision applies in relation to a relevant holder for a subsidence management area if—(a)the chief executive believes—(i)agricultural land in the area is impacted, or is likely in the future to be impacted, by CSG-induced subsidence; and(ii)a subsidence activity should be undertaken in relation to the agricultural land; and
(b)either—(i)the office has advised the chief executive under section 184BB(4) or 184BC(2) that the holder should be given a subsidence management direction to undertake the subsidence activity in relation to the agricultural land; or(ii)even though there is a subsidence impact report for the area, no relevant holder for the area is identified in the report as a responsible holder for undertaking the subsidence activity in relation to the agricultural land.
(2)This subdivision also applies in relation to a relevant holder for a subsidence management area if—(a)the holder undertook a subsidence activity in relation to agricultural land in the area; and(b)after the subsidence activity was undertaken—(i)the prescribed requirements or best practice industry standards for undertaking the activity are changed; or(ii)the holder gives the office a notice under section 184DG or 184EG about an error or change in circumstances in relation to the activity; and
(c)the chief executive considers the holder should undertake the subsidence activity again, having regard to the matter mentioned in paragraph (b).
(3)In this section—subsidence activity, in relation to agricultural land, means—(a)land monitoring of the land; or(b)baseline data collection for the land; or(c)a farm field assessment of the land.
184KB Subsidence management direction(1)The chief executive may, by notice, direct the relevant holder to undertake on or before a stated day or stated days— (a)if section 184KA(1) applies—the subsidence activity mentioned in that subsection; or(b)if section 184KA(2) applies—the subsidence activity mentioned in that subsection.
(2)If section 184DE, 184EE, 184EF or 184FF applies in relation to undertaking the subsidence activity, the direction must also state the day or days on or before which the relevant holder must comply with the section.(3)Before the chief executive gives the relevant holder the direction, the chief executive must—(a)give the holder a stated reasonable period of at least 20 business days to make submissions about the proposed direction; and(b)have regard to—(i)any submissions made by the holder; and(ii)the farming practices on the agricultural land; and(iii)the location and area of a place at which the holder is producing, or proposes to produce, coal seam gas under a petroleum resource authority (csg).
(4)The chief executive must give the relevant holder an information notice about the chief executive’s decision to give the direction.Subdivision 2Application for direction about farm field assessment184KC Definitions for subdivisionIn this subdivision—affected person, for a farm field assessment direction for agricultural land, means—(a)an owner or occupier of the land; and(b)the relevant holder to whom the farm field assessment direction is given or could be given if the chief executive decides to give the direction.
farm field assessment direction, for agricultural land, means a subsidence management direction directing a relevant holder for a subsidence management area to undertake a farm field assessment of the land.184KD Application for farm field assessment direction(1)An owner or occupier of agricultural land in a subsidence management area may apply to the chief executive for a farm field assessment direction for the land if—(a)there is a subsidence impact report for the area; and(b)the report does not describe the land as land for which a farm field assessment must be undertaken; and(c)the owner or occupier reasonably believes the land is impacted, or is likely in the future to be impacted, by CSG-induced subsidence; and(d)the owner or occupier’s belief is based on evidence that was not available to the chief executive when the report was approved.
(2)An application for a farm field assessment direction for agricultural land must—(a)be in writing; and(b)include a copy of any evidence in the applicant’s possession or control to support the application.
184KE Notifying other affected persons of application(1)The chief executive must, within 10 business days after receiving an application for a farm field assessment direction for agricultural land, give a notice about the application to each affected person other than the applicant.(2)The notice must—(a)state the name of the applicant; and(b)describe the agricultural land to which the application relates; and(c)include a brief description of the applicant’s belief that the land is impacted, or is likely in the future to be impacted, by CSG-induced subsidence.
184KF Requiring information from affected persons and office(1)If the chief executive receives an application for a farm field assessment direction for agricultural land, the chief executive may give an affected person or the office a notice asking the affected person or the office to give information the chief executive requires to make a decision on the application.(2)The notice must state a period of at least 20 business days within which the information must be given.(3)If the affected person or the office does not comply with the notice, the chief executive may make a decision on the application without the information.184KG Decision on application(1)Within 20 business days after the last day by which information must be given under section 184KF, the chief executive must—(a)consider the application and the information given under section 184KF; and(b)decide whether to give the farm field assessment direction applied for.
(2)If the chief executive decides to give the farm field assessment direction, the chief executive must give—(a)the farm field assessment direction to the relevant holder; andNote—Under section 184KB(4), the chief executive must give the relevant holder an information notice about the chief executive’s decision to give the farm field assessment direction.(b)notice of the decision to each other affected person and the office.
(3)If the chief executive decides not to give the farm field assessment direction, the chief executive must give each affected person an information notice for the decision.Division 2Critical consequences184KH Definitions for divisionIn this division—affected person, for a critical consequence decision for agricultural land, means—(a)an owner or occupier of the land; and(b)the relevant holder in relation to whom the critical consequence decision is or is to be made.
critical consequence, for agricultural land, means any of the following resulting from CSG-induced subsidence that is so unreasonable or intolerable that it affects the viability of the farming practices or business activities undertaken on the land—(a)damage to the land that has caused, or is likely to cause, changes to the intensive use of the land for agricultural purposes;(b)an impact on—(i)the farming practices or business activities undertaken on the land; or (ii)the infrastructure on the land that is essential to support the farming practices or business activities;
(c)other economic loss.
critical consequence action plan see section 184KL(1)(c).critical consequence decision, for agricultural land, means a decision under section 184KL about the land.184KI Application for critical consequence decision(1)An owner or occupier of agricultural land in a subsidence management area may apply to the Minister for a critical consequence decision for the land if—(a)the owner or occupier is a party to a subsidence management plan with a relevant holder for the area; and(b)the owner or occupier reasonably believes— (i)a subsidence management measure contained in the subsidence management plan has failed or is ineffective; and(ii)there has been, or is likely to be, a critical consequence for the land.
(2)Also, an owner or occupier of agricultural land in a subsidence management area may apply to the Minister for a critical consequence decision for the land if—(a)the owner or occupier is a party to a subsidence opt-out agreement with a relevant holder for the area; and(b)the owner or occupier reasonably believes—(i)there has been a material change in circumstances since the relevant holder undertook a farm field assessment of the land; and(ii)there has been, or is likely to be, a critical consequence for the land.
(3)An application for a critical consequence decision for agricultural land must—(a)be in writing; and(b)include a copy of any of the following in the applicant’s possession or control—(i)evidence to support the application;(ii)the notice of the outcome of the farm field assessment of the land;(iii)for an applicant who is a party to a subsidence management plan for the land—the subsidence management plan; and
(c)comply with the prescribed requirements for the application.
184KJ Notifying other affected persons of application(1)The Minister must, within 10 business days after receiving an application for a critical consequence decision for agricultural land, give a notice about the application to an affected person other than the applicant.(2)The notice must—(a)state the name of the applicant; and(b)describe the agricultural land to which the application relates; and(c)include a brief description of—(i)the critical consequence for the land the applicant believes there has been or is likely to be; and(ii)for an application for which the applicant is a party to a subsidence management plan for the land—the subsidence management measure contained in the plan the applicant believes has failed or is ineffective; and(iii)for an application for which the applicant is a party to a subsidence opt-out agreement for the land—the material change in circumstances the applicant believes there has been since the relevant holder undertook a farm field assessment of the land.
184KK Requiring information from affected persons and other entities(1)If the Minister receives an application for a critical consequence decision for agricultural land, the Minister may give a relevant entity a notice asking the relevant entity to give information the Minister requires to make the critical consequence decision.(2)The notice must state a period of at least 20 business days within which the information must be given.(3)If the relevant entity does not comply with the notice, the Minister may make the critical consequence decision without the information.(4)In this section—government entity see the Public Sector Act 2022, section 276.relevant entity, in relation to an application for a critical consequence decision for agricultural land, means—(a)an affected person; or(b)the office; or(c)a government entity that may have information relevant to the application; or(d)another entity prescribed by regulation.
184KL Critical consequence decision(1)The Minister must, within 20 business days after the last day by which information must be given under section 184KK—(a)decide that a critical consequence for the agricultural land has not happened and is not likely to happen; or(b)decide that a critical consequence for the agricultural land has happened and, if the Minister considers it appropriate, direct the relevant holder to take stated reasonable steps, for or within a stated reasonable period, to prevent the critical consequence from continuing or becoming worse, including, for example—(i)stopping production of coal seam gas at a stated location for a stated reasonable period; or(ii)plugging or relocating a petroleum well within a stated reasonable period; or
(c)decide that a critical consequence for the agricultural land is likely to happen and direct the relevant holder to give the Minister a plan (a critical consequence action plan), on or before the day that is at least 30 business days after the direction is given, stating—(i)the steps the holder will take to prevent the critical consequence from happening; and(ii)the timeframes for taking the steps mentioned in subparagraph (i).
(2)In making the decision on the application, the Minister must consider—(a)the application; and(b)information given under section 184KK; and(c)any other matter prescribed by regulation.
(3)The Minister must give each affected person an information notice for the decision.(4)If the decision includes a direction under subsection (1)(b), the information notice must state that it is an offence for the relevant holder not to comply with the direction unless the holder has a reasonable excuse.Note—If the relevant holder does not comply with a direction under subsection (1)(c), the Minister may give the holder a direction under section 184KM(3).184KM Further direction if critical consequence is likely to happen(1)This section applies if the Minister gives the relevant holder a direction under section 184KL(1)(c).(2)If the relevant holder gives the Minister a critical consequence action plan in the period required under the direction, the Minister may, by notice, direct the holder to do 1 or more of the following—(a)comply with the critical consequence action plan;(b)make stated amendments to the critical consequence action plan and comply with the amended plan;(c)take stated reasonable steps, for or within a stated reasonable period, to prevent the critical consequence from happening, including, for example—(i)stopping production of coal seam gas at a stated location for a stated reasonable period; or(ii)plugging or relocating a petroleum well within a stated reasonable period.
(3)If the relevant holder does not give the Minister a critical consequence action plan in the period required under the direction, the Minister may, by notice, direct the holder to take stated reasonable steps, for or within a stated reasonable period, to prevent the critical consequence from happening, including, for example—(a)stopping production of coal seam gas at a stated location for a stated reasonable period; or(b)plugging or relocating a petroleum well within a stated reasonable period.
(4)The Minister must give each affected person an information notice for the decision to give the direction.(5)The information notice must state that it is an offence for the relevant holder not to comply with the direction unless the holder has a reasonable excuse.184KN Direction if critical consequence happens after critical consequence decision(1)This section applies if, after making a critical consequence decision for agricultural land in a subsidence management area, the Minister forms the belief that a critical consequence for the land has happened.(2)The Minister may, by notice, direct the relevant holder to take stated reasonable steps, for or within a stated reasonable period, to prevent the critical consequence from continuing or becoming worse, including, for example—(a)stopping production of coal seam gas at a stated location for a stated reasonable period; or(b)plugging or relocating a petroleum well within a stated reasonable period.
(3)The Minister must give each affected person an information notice for the decision to give the direction.(4)The information notice must state that it is an offence for the relevant holder not to comply with the direction unless the holder has a reasonable excuse.184KO Offence to fail to comply with directionA relevant holder for a subsidence management area given a direction under section 184KL(1)(b), 184KM(2) or (3) or 184KN must comply with the direction unless the holder has a reasonable excuse.Maximum penalty—4,500 penalty units.184KP Chief executive may take action and recover costs(1)This section applies if a relevant holder for a subsidence management area fails to comply with a direction under section 184KL(1)(b), 184KM(2) or (3) or 184KN.(2)The chief executive may take the action that the relevant holder failed to take to comply with the direction.(3)If the chief executive takes the action, the chief executive may give the relevant holder a notice (a cost recovery notice) requiring the holder to pay the stated costs and expenses reasonably incurred by the chief executive in taking the action.(4)However, subsection (3) does not apply if the chief executive is satisfied the relevant holder had a reasonable excuse for not complying with the direction.(5)The cost recovery notice must state the following—(a)the name of the relevant holder;(b)the agricultural land to which the action related;(c)a description of the action taken;(d)a description of, and the amount of, the costs and expenses incurred;(e)that if the relevant holder does not pay the amount to the chief executive within 30 business days after the day the notice is given, the chief executive may recover the amount and any interest payable on the amount from the holder as a debt;(f)the contact details of the chief executive.
(6)If the relevant holder does not pay the amount stated in the cost recovery notice to the chief executive within 30 business days after the day the notice is given, the chief executive may recover the amount, and any interest payable on the amount, from the holder as a debt.(7)A debt due under subsection (6) bears interest at the rate prescribed by regulation.Part 7MiscellaneousDivision 1Office may give information or advice or obtain information184LA Giving information or advice to entities(1)The office may provide information or advice about matters related to CSG-induced subsidence to the chief executive.(2)Also, the office may, on request, provide information or advice about matters related to CSG-induced subsidence to the following entities—(a)the chief executive;(b)the chief executive of another department;(c)Coexistence Queensland;(d)the land access ombudsman in relation to a land access dispute referral under the Land Access Ombudsman Act 2017 for a dispute under this chapter;(e)the Land Court in relation to an application under part 5, division 1, subdivision 6 or part 5, division 2, subdivision 7.
184LB Surveys to collect information(1)This section applies if the office requires information about land in a subsidence management area—(a)to prepare a proposed subsidence impact report, or a proposed amendment of a subsidence impact report, for the area; or(b)to provide advice or information to the chief executive.
(2)The office may undertake surveys of the land to collect the information about the land.Examples of surveys of land—lidar, InSAR184LC Obtaining information from relevant holders(1)The manager of the office may give a relevant holder for a subsidence management area a notice requesting the following information about the holder’s petroleum resource authority (csg)—(a)information the manager requires for performing the office’s functions under part 3;(b)other information the manager requires to monitor CSG-induced subsidence generally.
(2)The notice must state how, and a reasonable period of at least 20 business days by which, the information must be given.(3)The relevant holder must comply with the notice, unless the holder has a reasonable excuse.Maximum penalty—500 penalty units.(4)If the relevant holder is an individual, it is a reasonable excuse not to comply with the notice if complying with the notice might tend to incriminate the holder.Division 2Database of information about CSG-induced subsidence184LD Office to keep and maintain database(1)The office must keep and maintain a database of information relevant to identifying, assessing, monitoring and managing the impacts of CSG-induced subsidence, including information obtained by the office under this chapter.(2)The database may be kept in the way the manager of the office considers appropriate, including, for example, in an electronic form.184LE Public access to database(1)The office may make information in the database available to the public.(2)However, the publicly available part of the database must not include information the office reasonably believes is commercially sensitive.(3)A person may—(a)free of charge, inspect the details contained in the publicly available part of the database at the office’s head office during normal business hours; and(b)on payment of the fee prescribed by regulation, obtain a copy of the details from the office.
184LF Chief executive’s access to informationThe office must make any information in the database, including information the office reasonably believes is commercially sensitive, available to the chief executive if the information may be relevant to the administration of this chapter.Division 3Annual subsidence trends report184LG Office to give annual subsidence trends report(1)The office must give the chief executive an annual subsidence trends report for a subsidence management area—(a)that complies with section 184LH; and(b)on or before each day required under subsection (2).
(2)An annual subsidence trends report for a subsidence management area must be given—(a)within 12 months after the most recent relevant report for the area was approved or given; or(b)if the chief executive agrees to a later day for giving the annual subsidence trends report—on or before the later day.
(3)In preparing an annual subsidence trends report, the office must comply with the prescribed requirements for the report.(4)The office must publish each annual subsidence trends report for a subsidence management area on a Queensland government website.(5)In this section—relevant report, for a subsidence management area, means a subsidence impact report approved for the area or an annual subsidence trends report given for the area.184LH Content of annual subsidence trends report(1)An annual subsidence trends report for a subsidence management area must include each of the following things—(a)a description of any change in circumstances since the most recent subsidence impact report for the area that materially affects or could materially affect—(i)the assessment of the risk of impacts of CSG-induced subsidence on agricultural land in the area in the most recent report; or(ii)the categorisation included in the most recent report of agricultural land in the area as category A land, category B land or category C land; or(iii)information or predictions about the CSG-induced subsidence on land included in the most recent report;Example—changes related to the frequency, location or extent of the CSG-induced subsidence
(b)a description of any data or information about the area that has become available since the most recent report;(c)a description of any changes since the most recent report for the area to the existing and proposed production of coal seam gas under a petroleum resource authority (csg) in the area;(d)an update about emerging trends related to the CSG-induced subsidence on land in the area, having regard to data or information obtained under the subsidence impact management strategy included in the most recent report.
(2)An annual subsidence trends report for a subsidence management area may include the following things—(a)a recommendation that the chief executive agree to a later day on or before which the office must give the chief executive the next subsidence impact report under section 184CA(3);(b)proposed updates to the subsidence impact report for the area.
Division 4Confidentiality184LI Public service employee must maintain confidentiality(1)This section applies to a person who—(a)is, or has been, a public service employee performing functions under or relating to the administration of this chapter; and(b)in that capacity, has acquired or has access to confidential information.
(2)The person must not disclose the information to anyone else, or use the information, other than under this section.Maximum penalty—100 penalty units.(3)The person may disclose or use the information—(a)to the extent the disclosure or use is—(i)necessary to perform the public service employee’s functions under or relating to this chapter; or(ii)otherwise required or permitted under this chapter or another law; or
(b)with the consent of the person to whom the information relates; or(c)in compliance with a lawful process requiring production of documents to, or giving evidence before, a court or tribunal.
(4)In this section—confidential information means information, other than information that is publicly available—(a)about a person’s personal affairs or reputation; or(b)that would be likely to damage the commercial activities of a person to whom the information relates.
disclose includes give access to.information includes a document.184LJ Relevant holder must maintain confidentiality(1)This section applies if an owner or occupier of agricultural land in a subsidence management area gives a relevant holder for the area information under this chapter.(2)The relevant holder must not disclose the information to another person unless—(a)the information is publicly available; or(b)the disclosure is—(i)to a person (a secondary recipient) whom the holder has authorised to carry out authorised activities for the holder’s petroleum resource authority (csg); or(ii)made with the owner or occupier’s consent; or(iii)permitted or required under this chapter or another law.
(3)Subject to subsection (2), the relevant holder must not use the information for a purpose other than for which it is given.(4)If the relevant holder does not comply with subsection (2) or (3), the holder is liable to pay the owner or occupier—(a)compensation for any loss the owner or occupier incurs because of the failure to comply with the subsection; and(b)the amount of any commercial gain the holder makes because of the failure to comply with the subsection.
(5)A secondary recipient must not use the information for a purpose other than for which it is given.(6)If a secondary recipient does not comply with subsection (5), the secondary recipient is liable to pay the owner or occupier—(a)compensation for any loss the owner or occupier incurs because of the failure to comply with the subsection; and(b)the amount of any commercial gain the recipient makes because of the failure to comply with the subsection.
Chapter 6Applications and other documentsPart 1Processing applicationsDivision 1Preliminary186Definitions for partIn this part—application means an application to which this part applies.authorising provision, for an application, means the provision of this Act that authorises the making of the application.deciding authority, for an application—(a)means the entity that is to decide the application under the authorising provision for the application; and(b)includes an entity to which the power to decide the application has been delegated.
invalid application see section 189(2).187Application of partThis part applies for processing an application made under this Act if, and to the extent, the authorising provision for the application applies this part to the application.Division 2Making, amending and withdrawing applications188Requirements for applications(1)An application must—(a)comply with all requirements stated for it in the authorising provision for the application; and(b)comply with all prescribed requirements for it; and(c)be accompanied by all fees, information or other things prescribed by regulation for it; and(d)if a practice manual applies to the application, comply with the manual to the extent it applies to the application.
(2)Also, if there is an approved form for the application, the application must be made in the approved form.189Invalid applications(1)An application has no effect if—(a)it does not comply with section 188; or(b)it is of a type prescribed by regulation as an application that can not be made.
(2)An application that has no effect is an invalid application unless the deciding authority allows the application to proceed under section 190.(3)The deciding authority must ensure each of following happens in relation to an invalid application—(a)the application is returned to the entity that lodged it together with a written notice about why the application is being returned;(b)any fee accompanying the application is refunded to the person who paid the fee.
(4)A person responsible for accepting applications for lodgement may refuse to accept an application if it is incomplete or is not accompanied by the fees, information or other things as mentioned in section 188(1)(c).190Substantial complianceThe deciding authority may give effect to an application that does not comply with section 188 and allow it to proceed if reasonably satisfied—(a)the application complies with the requirements stated for it in its authorising provision; and(b)the application substantially complies with the requirements mentioned in section 188(1)(b) to (d); and(c)the application is accompanied by all fees prescribed by regulation for it.
191Amending applicationsAn applicant may amend the application or a document accompanying the application only if—(a)the application has not been decided; and(b)the applicant has complied with the prescribed requirements for amending the application.
192Withdrawing applications(1)An applicant may lodge a written notice withdrawing the application at any time before a decision about the application takes effect.(2)A regulation may prescribe the way in which the written notice must be lodged.(3)The withdrawal takes effect when the written notice is lodged.(4)If an application is withdrawn, the deciding authority may refund all or part of any fee paid for the application.Division 3Directions about applications193Deciding authority may make directions about applications(1)The deciding authority may, by written notice, direct an applicant to do all or any of the following within a stated period—(a)complete or correct the application if it appears to the deciding authority to be incorrect, incomplete or defective;(b)do any thing required of the applicant under this Act or another Act to allow the application to be decided;(c)give the deciding authority or another stated entity additional information about, or relevant to, the application;(d)give the deciding authority or another stated entity an independent report, statement or statutory declaration verifying all or any of the following—(i)any information included in the application;(ii)any additional information required under paragraph (c);(iii)that the applicant meets any eligibility or capability criteria relevant for the application.
(2)The deciding authority may—(a)require the independent report, statement or statutory declaration required by the direction—(i)to be made by an appropriately qualified independent person or by the applicant; and(ii)if the applicant is a corporation—to be made for the applicant by an executive officer of the applicant; or
(b)act under this section more than once in relation to a particular application; or(c)extend the period for complying with the direction.
(3)A regulation may prescribe—(a)examples of additional information about, or relevant to, an application; and(b)the minimum period for the stated period mentioned in subsection (1).
(4)The applicant must bear the costs incurred in complying with the direction.(5)The applicant is taken to have withdrawn the application if the applicant does not comply with the direction within the stated period in the direction.(6)In this section—executive officer, of a corporation, means a person who is concerned with or takes part in its management, whether or not the person is a director or the person’s position is given the name of executive officer.information includes a document.Division 4Deciding applications194Criteria for considering applications(1)In deciding an application, the deciding authority must consider the criteria prescribed by regulation for the authorising provision for the application.(2)Unless the authorising provision for an application states the criteria are exhaustive, the deciding authority may also consider any other criteria or matter the authority considers relevant to deciding the application.195Notice of decisions(1)This section applies if a deciding authority makes a decision about an application.(2)If the decision is the decision sought under the application, the deciding authority must give the applicant written notice of the decision.(3)If the decision is not the decision sought under the application, or the decision includes conditions, the deciding authority must give the applicant an information notice about the decision.(4)A regulation may prescribe other entities a deciding authority is required to notify of its decision.(5)To remove any doubt, it is declared that a lawful refusal to accept an invalid application is not a decision about the application.Part 2Lodging documents196Lodging documents(1)This section applies if an entity is to give a document to any of the following authorities under this Act—(a)the Minister;(b)the chief executive;(c)another entity prescribed by regulation.
(2)A regulation may prescribe—(a)the places at which the document may, or must, be lodged; and(b)the way in which the document may, or must, be lodged.
(3)If the document is an application, an obligation prescribed under subsection (2) for the document is taken to be part of the prescribed requirements for the document.Note—Failure to comply with the prescribed requirements for a document may result in the document having no effect. See section 189.Chapter 7Disqualification of applicants196A Definitions for chapterIn this chapter—applicant—(a)for an application for the grant of a prescribed resource authority—see section 196C(1)(a); or(b)for a tender for a prescribed resource authority—see section 196C(1)(b); or(c)for an application for approval of a prescribed dealing that is a transfer of a prescribed resource authority or a share in a prescribed resource authority—see section 196C(1)(c).
associate, of an applicant for a prescribed matter, means either—(a)an entity the decision-maker for the prescribed matter considers is in a position to control or substantially influence the applicant’s affairs in connection with the prescribed resource authority the subject of the prescribed matter; or(b)if the applicant is a body corporate—(i)a director of the applicant; or(ii)if the applicant is a subsidiary of another body corporate (the parent company)—(A)the parent company; or(B)a director of the parent company.
criminal history, of a person, means the person’s criminal history as defined under the Criminal Law (Rehabilitation of Offenders) Act 1986, other than spent convictions.decision-maker, for a prescribed matter, means the Minister.director, of a body corporate, has the meaning given by the Corporations Act, section 9.prescribed matter see section 196B.prescribed resource authority means—(a)any of the following under the Mineral Resources Act—(i)a mining claim;(ii)an exploration permit;(iii)a mineral development licence;(iv)a mining lease; or
(b)any of the following under the P&G Act—(i)an authority to prospect;(ii)a petroleum lease;(iii)a pipeline licence;(iv)a petroleum facility licence; or
(c)a lease under the 1923 Act; or(d)any of the following under the Geothermal Act—(i)a geothermal exploration permit;(ii)a geothermal production lease; or
(e)any of the following under the Greenhouse Gas Act—(i)a GHG exploration permit;(ii)a GHG injection and storage lease.
196B Application of chapterThis chapter applies in relation to each of the following (each a prescribed matter)—(a)an application for the grant of a prescribed resource authority;(b)a tender for a prescribed resource authority;(c)an application for approval of a prescribed dealing that is a transfer of a prescribed resource authority or a share in a prescribed resource authority.
196C Disqualification from grant or transfer of resource authority(1)The decision-maker for the prescribed matter may decide—(a)for an application for the grant of a prescribed resource authority—the entity making the application (the applicant) is disqualified from being granted the authority; or(b)for a tender for a prescribed resource authority—the entity making the tender (also the applicant) is disqualified from being granted the authority; or(c)for an application for approval of a prescribed dealing that is a transfer of a prescribed resource authority or a share in a prescribed resource authority—the intended transferee (also the applicant) is disqualified from being transferred the authority.
(2)In making a decision under subsection (1), the decision-maker may consider the following matters—(a)whether the applicant, or an associate of the applicant, has contravened this Act or a Resource Act, other than the P&G Act, chapter 9;(b)whether the applicant, or an associate of the applicant, has been convicted of an offence against—(i)this Act or a Resource Act; or(ii)the Coal Mining Safety and Health Act 1999; or(iii)the Environmental Protection Act 1994; or(iv)the Mining and Quarrying Safety and Health Act 1999; or(v)the Water Act 2000;
(c)whether the applicant, or an associate of the applicant, has been convicted of an offence against a corresponding law;(d)whether the applicant, or an associate of the applicant, has, within 10 years before the application or tender was made, been convicted of an offence involving fraud or dishonesty;(e)whether the applicant, or an associate of the applicant, is an insolvent under administration;(f)whether the applicant, or an associate of the applicant, is or was, within 10 years before the application or tender was made, a director of a body corporate that is or was the subject of a winding-up order or for which a controller or administrator is or was appointed; (g)whether the applicant, or an associate of the applicant, is disqualified from managing corporations because of the Corporations Act, part 2D.6;(h)submissions, if any, made under section 196G;(i)any other matter the decision-maker considers relevant to making the decision.
(3)However, the decision-maker may disregard a contravention, or conviction for an offence, mentioned in subsection (2) having regard to—(a)the degree of seriousness of the contravention or offence; and(b)the degree of harm caused by the contravention or offence; and(c)the length of time that has elapsed from the commission of the contravention or offence; and(d)the extent to which the applicant or associate was involved in the commission of the contravention or offence; and(e)any other matter the decision-maker considers relevant.
(4)In this section—corresponding law means a law of the Commonwealth or another State that—(a)provides for the same, or substantially the same, matter as an Act mentioned in subsection (2)(b); or(b)is prescribed by regulation for this definition.
196D Requirement for further information(1)The decision-maker for a prescribed matter may, before deciding an applicant for the matter is disqualified under section 196C, require the applicant to give the decision-maker further information or a document the decision-maker requires to make the decision.(2)The requirement must—(a)be made by notice given to the applicant; and(b)state a period of at least 10 business days within which the applicant must comply with the requirement.
(3)The decision-maker may extend the period mentioned in subsection (2)(b) by notice given to the applicant.(4)If the applicant does not comply with the requirement, the decision-maker may make a decision under section 196C without the further information or document.196E Criminal history check(1)To help decide whether an applicant for a prescribed matter is disqualified under section 196C, the decision-maker for the matter may ask the police commissioner for a report about the criminal history of the applicant or an associate of the applicant.(2)However, the decision-maker may make the request only if the applicant, or associate of the applicant, has given the decision-maker written consent for the request.(3)The police commissioner must comply with the request.(4)However, subsection (3) applies only to information in the police commissioner’s possession or to which the commissioner has access.(5)If the criminal history of the person includes a conviction recorded against the person, the police commissioner’s report must be written.(6)The decision-maker must destroy the report as soon as practicable after the decision under section 196C is made.196F Costs of criminal history report(1)The decision-maker for a prescribed matter may require an applicant for the matter to pay the reasonable, but no more than actual, costs of obtaining a report under section 196E about the applicant or an associate of the applicant.(2)The decision-maker for a prescribed matter must refund to the applicant an amount paid under subsection (1) if—(a)the decision-maker refuses the application without asking for the report; or(b)the applicant withdraws the application before the decision-maker asks for the report.
196G Notice of intended disqualification(1)The decision-maker for a prescribed matter must, before deciding an applicant for the matter is disqualified under section 196C, give the applicant a notice stating—(a)the proposed decision; and(b)the reasons for the proposed decision; and(c)that the applicant may, within 20 business days after the notice is given, make submissions to the decision-maker about the proposed decision.
(2)The decision-maker may extend the period mentioned in subsection (1)(c) by notice given to the applicant.196H Notice of disqualification(1)This section applies if a decision-maker for a prescribed matter decides an applicant for the matter is disqualified under section 196C.(2)The decision-maker must, as soon as practicable after making the decision, give the applicant a notice stating the decision and the reasons for the decision.Chapter 7ADispute resolutionPart 1ADRDivision 1ADR election notice196I Contents of ADR election noticeAn ADR election notice for ADR for the resolution of a dispute must state—(a)details of the matters the subject of the dispute; and (b)the type of ADR proposed; and(c)the name of an ADR facilitator, who is independent of both parties to the dispute, proposed to conduct the ADR; andNote—See the Land Access Ombudsman Act 2017, part 3A for the ability to propose the land access ombudsman as the ADR facilitator.(d)who is liable for the costs of the ADR facilitator; and(e)any other information prescribed by regulation.
Division 2Provisions about ADR196J Application of divisionThis division applies in relation to ADR for the resolution of a dispute between parties mentioned in any of the following provisions that is conducted in response to an ADR election notice for the ADR—(a)section 51A(1);(b)section 88(1);(c)section 92A(1);(d)section 184HJ(1);(e)section 184HL(1);(f)section 184IJ(1);(g)section 184IN(1).
196K Conduct of ADR(1)The parties must use all reasonable endeavours to negotiate a resolution of the dispute within 30 business days after the ADR facilitator is appointed (the usual period).(2)A party may, within the usual period, ask the other party for a longer period because of stated reasonable or unforeseen circumstances.(3)If the parties agree to a longer period, and the ADR facilitator consents to the longer period, the longer period applies instead of the usual period.(4)The following person is liable for the costs of the ADR facilitator—(a)for a dispute mentioned in section 196J(a), (b) or (c)—the party who is the resource authority holder; or(b)for a dispute mentioned in section 196J(d), (e), (f) or (g)—the party who is the relevant holder.
196L Non-attendance at ADR(1)This section applies if—(a)a party (the non-attending party) does not attend the ADR; and(b)another party (the attending party) attends the ADR.
(2)The non-attending party is liable to pay the attending party’s reasonable costs of attending.(3)The attending party may apply to the Land Court for an order requiring the payment of the costs.(4)The Land Court may order the payment of the costs only if the Court is satisfied the non-attending party did not have a reasonable excuse for not attending.196M Protection, immunity and confidentialityThe Civil Proceedings Act 2011, part 6, division 5 applies to ADR conducted by an ADR facilitator as if—(a)a reference to an ADR process included a reference to the ADR; and(b)a reference to an ADR convenor included a reference to the ADR facilitator.
Note—See the Civil Proceedings Act 2011, section 53 in relation to the admissibility of evidence of anything done or said, or an admission made, at ADR, without the agreement of the parties.Part 2ArbitrationDivision 1Arbitration election notice196N Contents of arbitration election noticeAn arbitration election notice for an arbitration of a dispute must state—(a)details of the matters the subject of the dispute; and (b)the name of an arbitrator, who is independent of both parties to the dispute, proposed to conduct the arbitration; and(c)that, if the request for arbitration is accepted, an application to the Land Court for a decision about the dispute can not be made; and(d)that the costs of the arbitration are payable by the parties as mentioned in section 196R; and(e)any other information prescribed by regulation.
Division 2Provisions about arbitration196O Application of divisionThis division applies in relation to an arbitration of a dispute between parties mentioned in either of the following provisions that is conducted in response to an arbitration election notice for the arbitration—(a)section 91A(2);(b)section 184IL(2).
196P Arbitrator’s functions(1)The arbitrator has authority to decide the dispute by the issuance of an award.(2)However, the arbitrator may decide a matter the subject of the dispute only to the extent it is not subject to a relevant instrument for the dispute between the parties.(3)The award must be made within 6 months after the appointment of the arbitrator.(4)In this section—relevant instrument—(a)for a dispute mentioned in section 91A(2)—a conduct and compensation agreement; or(b)for a dispute mentioned in section 184IL(2)—a subsidence compensation agreement.
196Q Application of Commercial Arbitration Act 2013The Commercial Arbitration Act 2013 applies to the arbitration to the extent it is not inconsistent with this division.196R Costs of arbitration(1)If, before the appointment of the arbitrator, the parties have not participated in ADR about the dispute, the party who is the resource authority holder or relevant holder is liable to pay the fees and expenses of the arbitrator. (2)If, before the appointment of the arbitrator, the parties have participated in ADR about the dispute, the parties are liable to pay the fees and expenses of the arbitrator in equal shares unless the parties agree, or the arbitrator decides, otherwise.(3)Other than as provided under subsection (1) or (2), each party to an arbitration must bear the party’s own costs for the arbitration unless the parties agree, or the arbitrator decides, otherwise.Chapter 8MiscellaneousPart 1Resource authority register197Register to be kept(1)The chief executive must keep a register of details about—(a)resource authorities; and(b)applications for the grant of resource authorities other than an excluded application; and(c)dealings with resource authorities; and(d)application transfers under the Mineral Resources Act, chapter 7; and(e)caveats; and(f)acquired land; and(g)trigger thresholds in relation to the make good obligation for 1923 Act petroleum tenures under the 1923 Act; and(h)coordination arrangements under the P&G Act and 1923 Act; and(i)geothermal coordination arrangements under the Geothermal Act; and(j)GHG coordination arrangements under the Greenhouse Gas Act; and(k)any other relevant matters prescribed by regulation.
(2)The chief executive may decide the form in which the register is kept.(3)The chief executive may also keep in the register information that the chief executive considers appropriate about matters relating to this Act or another Act.(4)In this section—excluded application means an application for the grant of an exploration permit for an EP tender under the Mineral Resources Act.make good obligation has the meaning of make good obligation under the 1923 Act, section 2 as in force immediately before the commencement of the Water and Other Legislation Amendment Act 2010.trigger threshold has the meaning of trigger threshold under the 1923 Act, section 2 as in force immediately before the commencement of the Water and Other Legislation Amendment Act 2010.198Access to register(1)The chief executive must—(a)keep the register open for inspection by the public during office hours on business days at the places the chief executive considers appropriate; and(b)allow a person, on payment of the fee prescribed by regulation, to search and take extracts from the register; and(c)give a person who asks for it a copy of all or part of a notice, document or information held in the register on payment of the fee prescribed by regulation.
(2)Subsection (1) is subject to section 199.199Arrangements with other departments for copies from register(1)The chief executive may enter into an arrangement with another department allowing it to carry out a search of, take extracts from or obtain a copy of, particulars recorded in the register, without payment of the fees prescribed under section 198.(2)However, the chief executive may enter into an arrangement under subsection (1) only if the chief executive is reasonably satisfied the information obtained from the search, extract or copy will not be—(a)used for a commercial purpose, including, for example, the marketing or sale of the information or other information; or(b)included in another database of information, in any form, other than with the chief executive’s approval.
200Supply of statistical data from register(1)The chief executive may enter into an agreement to supply statistical data derived from instruments or information kept in the register.(2)If the chief executive supplies statistical data under subsection (1)—(a)the fees and charges applying for the supply of the data are the fees and charges provided for in the agreement; and(b)without limiting paragraph (a), the agreement may also state—(i)how the fees and charges are to be calculated; and(ii)how payment of the fees and charges is to be made.
(3)Without limiting subsection (1), an agreement for the supply of statistical data may limit the use to which the data supplied may be put.(4)An agreement for the supply of statistical data must include—(a)a provision allowing the chief executive to exclude particulars from data supplied under the agreement, if the chief executive is satisfied, on reasonable grounds, that inclusion of the particulars may result in the particulars being inappropriately disclosed or used; and(b)a provision allowing the chief executive to prohibit disclosure, or to limit distribution or use, of data supplied under the agreement.
(5)An agreement under this section must not provide for the obtaining of information or anything else that may be obtained under a search of the register permitted under section 198.(6)The chief executive must exclude resource authority particulars and personal information from data supplied under the agreement.(7)Subsection (6) applies despite anything in the agreement.(8)In this section—personal information means a particular from any instrument or information kept by the chief executive that may allow a person to identify a person to whom the instrument or information relates.resource authority particulars means particulars from any instrument or information kept by the chief executive that may allow a person to identify a resource authority to which the instrument or information relates.201Chief executive may correct register(1)The chief executive may correct the register if satisfied—(a)the register is incorrect; and(b)the correction will not prejudice any rights recorded in the register of a resource authority holder, a person who holds an interest in a resource authority, a person who has lodged a caveat, or a party to a coordination arrangement.
(2)The power to correct includes power to correct information in the register or a document forming part of the register.(3)If the register is corrected, the chief executive must record in it—(a)the state of the register before the correction; and(b)the time, date and circumstances of the correction.
(4)A correction under this section has the same effect as if the relevant error had not been made.(5)For subsection (1)(b), a right is not prejudiced if the relevant person acquired or has dealt with the right with actual or constructive knowledge that the register was incorrect and how it was incorrect.Part 2Other provisions202Practice manual(1)The chief executive may keep, in the way the chief executive considers appropriate, a manual (however called) about resource authority administration practice to guide and inform persons dealing with the department.(2)The manual may include—(a)directions about—(i)what information, documents or instruments (material) a person must or may give in response to a requirement or permission under this Act or a Resource Act; and(ii)how or when the material must or may be given; and(iii)the format of the material; and(iv)the degree of precision required for information contained in the material; and
(b)practices to ensure there is consistency and efficiency in resource authority administration processes; and(c)guidelines about ways to define the boundary of the area of a mining tenement or proposed mining tenement under the Mineral Resources Act.
(3)If—(a)a person is required or permitted to give the Minister or the chief executive (the official) information for a particular purpose relating to this Act or a Resource Act; and(b)the person gives the information—(i)as required or permitted under the manual; or(ii)as would be required or permitted to be given under a regulation if the information were a document;
the person is taken to have given the official the information for the purpose.(4)The chief executive must—(a)keep a copy of the manual and a record (however called) of each part of the manual, including the dates when each part was published or superseded; and(b)make the manual and the record available to the public in the way the chief executive considers appropriate.
(5)Without limiting subsection (4), the chief executive must ensure an up-to-date copy of the manual and the record are available to be read free of charge—(a)on the department’s website; and(b)if information relates to a particular application—at the department’s office where the application was made.
203Fees—payment methods(1)A regulation may fix the methods to be used for the payment of fees payable under this Act.(2)A method to be used for the payment of fees fixed by either of the following is an approved payment method for the fee—(a)a regulation under subsection (1);(b)the chief executive in an approved form under section 207(2).
(3)However, if a regulation and the chief executive inconsistently fix the methods to be used for the payment of a fee, the approved payment method for the fee is the method fixed by the regulation.204Fees—evidence and timing of payment(1)This section applies if—(a)a document must be accompanied by a fee when lodged under this Act; and(b)an approved payment method is used to pay the fee; and(c)the fee is received by the entity to which the fee must be paid within the prescribed period for receiving the fee using the approved payment method.
(2)The fee is taken to accompany the document if the document is accompanied by evidence of the payment of the fee using the approved payment method.Example—a receipt for an electronic funds transfer(3)If the document is accompanied by evidence of the fee having been paid using the approved payment method, the fee is taken to have been paid at the time the person lodged the document under this Act.204A Alternative calculation of rent for resource authorities(1)A regulation may provide for the Minister to apply an alternative way of calculating the rent payable for a resource authority, so that a lesser amount of rent is payable, in the circumstances prescribed by regulation.(2)Subsection (3) applies if, under a regulation made under subsection (1)—(a)the Minister applies an alternative way of calculating the rent payable for a resource authority for a particular period; and(b)the calculated amount is less than the amount of rent that would otherwise be payable for the period under the relevant Resource Act for the authority or a condition of the authority.
(3)Despite the relevant Resource Act for the resource authority or a condition of the authority, the rental payable for the authority for the period is the lesser amount.204B Deferral of payment of rent for resource authorities(1)A regulation may provide for an arrangement for deferring the payment of rent payable for a resource authority because of hardship, including providing for when the arrangement ends.(2)Subsection (3) applies if—(a)the holder of a relevant authority is required, under a relevant Resource Act for the authority or a condition of the authority, to pay the rent payable for the authority—(i)within a particular period; or(ii)on, before or by a particular day; and
(b)under an arrangement mentioned in subsection (1), the payment of the rent is deferred to a later day.
(3)The requirement is taken to require the holder to pay the rent on or before the later day.205Chief executive may require particular information(1)The chief executive may require a relevant entity to give the chief executive, within the prescribed period, a copy of a notice or consent given by or to the relevant entity under chapter 3.(2)In this section—relevant entity means—(a)a resource authority holder; or(b)an owner or occupier of land; or(c)a public land authority; or(d)a public road authority.
206References to right to enterA right under this Act to enter a place includes the right to—(a)leave and re-enter the place from time to time; and(b)remain on the place for the time necessary to achieve the purpose of the entry; and(c)take on the place equipment, materials, vehicles or other things reasonably necessary to exercise a power under this Act.
207Delegation of functions or powers(1)The Minister may delegate the Minister’s functions or powers under this Act to an appropriately qualified public service employee.(2)The chief executive may delegate the chief executive’s functions or powers under this Act to an appropriately qualified public service employee.208Functions or powers carried out through agents(1)This section applies to the following persons—(a)the Minister;(b)the chief executive;(c)a person delegated a function or power under section 207.
(2)Unless this Act requires the person to carry out a function or power personally, the person may act through a public service employee, as agent, to carry out the function or power.(3)This section does not limit the Acts Interpretation Act 1954, section 27A.209Approved forms(1)The chief executive may approve forms for use under this Act.(2)The chief executive may fix in an approved form a method to be used for the payment of a fee under this Act.210Regulation-making power(1)The Governor in Council may make regulations under this Act.(2)A regulation may—(a)prescribe fees payable under the Act; or(b)provide for a maximum penalty of 20 penalty units for a contravention of a regulation.
Chapter 9Savings and transitional provisions for Act No. 47 of 2014 Part 1Preliminary212Definitions for ch 7In this chapter—commencement means the commencement of this section.new register means the register kept under this Act.Part 2Provisions for dealings213Incomplete registration of dealings(1)This section applies if, before the commencement—(a)a person gave the chief executive notice of a dealing under a Resource Act with the intention of registering the dealing but, at the commencement, the dealing had not been registered; or(b)a person applied to the Minister under a Resource Act for an indication of whether the Minister would approve an assessable transfer under that Act but, at the commencement, the application had not been decided; or(c)a person applied to the Minister under a Resource Act for approval of an assessable transfer under that Act but, at the commencement, the application had not been decided.
(2)The provisions of the Resource Act relating to the notice or application (the former provisions) continue to apply for the notice or application despite any repeal of the provisions by this Act.(3)However, a reference to a register in the former provisions is taken to be a reference to the new register.(4)To remove any doubt, it is declared that the dealing mentioned in subsection (1)(a) may be registered if it is able to be registered under the former provisions.(5)In this section—assessable transfer, under a Resource Act—(a)means an assessable transfer as defined under the Resource Act immediately before the commencement; but(b)does not include an application transfer under the Mineral Resources Act.
dealing, under a Resource Act, means a dealing as defined under the Resource Act immediately before the commencement.214Continuing effect of indicative approval(1)This section applies if, under a Resource Act, the Minister gave a resource authority holder an indicative approval that the Minister was likely to approve an assessable transfer under that Act and the indicative approval was given—(a)before the commencement; or(b)after the commencement under section 213.
(2)The indicative approval remains binding on the Minister in relation to registering the transfer of the resource authority under this Act if, under the former provisions of the relevant Resource Act for the resource authority, the approval to register the transfer would be taken to have been given.Example—For a resource authority under the Petroleum and Gas (Production and Safety) Act 2004, see sections 573C and 573D as in force before repeal under this Act.(3)In this section—assessable transfer, under a Resource Act—(a)means an assessable transfer as defined under the Resource Act immediately before the commencement; but(b)does not include an application transfer under the Mineral Resources Act.
former provisions, of a Resource Act, means the provisions of the Resource Act that, immediately before the commencement, related to the Minister deciding whether or not to give an approval of an assessable transfer.215Unrecorded associated agreements(1)This section applies if, before the commencement, notice of an associated agreement had been given to the chief executive in accordance with a Resource Act but the agreement had not been recorded before the commencement.(2)The associated agreement may be included in the new register if the agreement would have been recorded in a register under the Resource Act as in force immediately before the commencement.216Transfer of matters to new register(1)A matter recorded in a register under a Resource Act is to be recorded in the new register.(2)A caveat (a previous caveat) recorded in a register under a Resource Act continues in effect in relation to the new register to the extent it would have effect under the relevant provisions of the Resource Act despite any repeal of the provisions by this Act.(3)However, a previous caveat has no effect, and is taken to never have had effect, to prevent a change of name of an entity holding an interest in a resource authority.(4)A caveat lodged, but not recorded in a register, under a Resource Act before the commencement must be registered in the new register if it would have been registered under the relevant provisions of the Resource Act.(5)To remove any doubt, it is declared that a caveat registered in the new register under this section is taken to be an original caveat for section 30.Part 3Provisions for land access217Definitions for pt 3In this part—new restricted land entry provisions means chapter 3, part 4.pre-amended, in relation to a Resource Act, means the Resource Act as in force immediately before the commencement.218Existing land access codeThe land access code made under the pre-amended P&G Act, section 24A continues in force, despite the repeal of that section, until a new land access code is made under section 36.219Existing conduct and compensation agreement requirements—carrying out authorised activity within 600m of school or occupied residence(1)This section applies if—(a)a resource authority was applied for before the commencement, whether the resource authority was granted before or after the commencement; and(b)at the date of the application for the resource authority, if the authority were granted on that date, a conduct and compensation agreement requirement would apply to the entry to private land in the resource authority’s area for the purpose of carrying out an authorised activity within 600m of a school or an occupied residence.
(2)The authorised activity mentioned in subsection (1)(b) is taken to be an advanced activity for the resource authority for the application of the new land access provisions in relation to the entry to the private land.(3)In this section—conduct and compensation agreement requirement means a requirement under—(a)the Mineral Resources Act, schedule 1, section 10(1); or(b)the P&G Act, section 500(1); or(c)the 1923 Act, section 78Q(1); or(d)the Geothermal Act, section 216(1); or(e)the Greenhouse Gas Act, section 283(1).
new land access provisions means chapter 3, parts 1, 2 and 7.220Existing entry notices(1)This section applies to an entry notice given under a pre-amended Resource Act to an owner or occupier of land or a public land authority, and in force immediately before the commencement.(2)The notice continues in force after the commencement and is taken to be—(a)if the notice is given in relation to entry to private land—an entry notice given under section 39; or(b)if the notice is given in relation to entry to public land—a periodic entry notice given under section 57.
(3)The notice is valid even if the notice does not comply with section 39(2) or 57(2).221Existing waiver of entry notices(1)This section applies to a waiver of entry notice given to a resource authority holder under a pre-amended Resource Act and in force immediately before the commencement.(2)The notice continues in force after the commencement and is taken to be—(a)if the notice is given in relation to entry to private land—a waiver of entry notice given under section 42; or(b)if the notice is given in relation to entry to public land—a waiver of entry notice given under section 60.
(3)The notice is valid even if the notice does not comply with a prescribed requirement under section 42(2)(a) or 60(2)(a).222Existing deferral agreements(1)This section applies to a deferral agreement entered into under a pre-amended Resource Act and in force immediately before the commencement.(2)The agreement continues in force after the commencement and is taken to be a deferral agreement entered into under section 44(1).(3)The agreement is valid even if the agreement does not comply with a prescribed requirement under section 44(2).223Existing access agreements(1)This section applies to an access agreement entered into under a pre-amended Resource Act and in force immediately before the commencement.(2)The agreement continues in force after the commencement and is taken to be an access agreement entered into under section 47(1)(a).223A Existing consent given by reserve owner to exploration permit holder or mineral development licence holder(1)This section applies if—(a)the owner of any part of the area of an exploration permit that is the surface area of a reserve (the reserve owner) has given consent, under the pre-amended Mineral Resources Act, section 129(1)(a)(ii), to the holder of an exploration permit or any person who acts for the purpose of carrying out any activity authorised by the exploration permit (the resource authority holder); or(b)the owner of any part of the area of a mineral development licence that is the surface area of a reserve (also the reserve owner) has given consent, under the pre-amended Mineral Resources Act, section 181(4)(b)(ii), to the holder of a mineral development licence or any person who acts for the purpose of carrying out any activity authorised by the licence (also the resource authority holder).
(2)For section 58(1), the resource authority holder is taken to have given the reserve owner, as a public land authority, a periodic entry notice under section 57.(3)Subsection (2) applies even if the consent, as a periodic entry notice, does not comply with section 57.(4)For the purpose of dealing with the consent as a periodic entry notice, the entry period under section 57(2)(a) is taken to be the period for entry under the consent.(5)Subsection (4) applies even if the period for entry under the consent, as an entry period, does not comply with section 57.(6)Any conditions of the consent are taken to be conditions imposed by the reserve owner, as a public land authority, under section 59(2).(7)However, section 59(8)(a) does not apply to a condition of the consent.(8)In this section—exploration permit see the Mineral Resources Act, schedule 2.mineral development licence means a mineral development licence under the Mineral Resources Act, chapter 5, part 1 or 2.reserve see the Mineral Resources Act, schedule 2.224Existing conditions imposed by public land authority for entry to public land(1)This section applies if—(a)a public land authority, in response to a resource authority holder’s entry notice under a pre-amended Resource Act about entering public land, imposed under the pre-amended Resource Act a condition relating to the entry or the carrying out of an authorised activity; and(b)the condition is in force immediately before the commencement.
(2)The condition continues in force after the commencement and is taken to be a condition imposed under section 59(2) by the public land authority.(3)However, the public land authority is not required to comply with section 59(8) in relation to imposing the condition.224A Continuing notifiable road use(1)This section applies if—(a)before the commencement, a resource authority holder used a road for a notifiable road use within the meaning of a Resource Act, as in force before the commencement; and(b)after the commencement, the resource authority holder continues to use the road for the same use.
(2)If, before the commencement, the resource authority holder gave notice of the notifiable road use to a road authority for the road under the provisions of a Resource Act that applied to the notice at that time—(a)the resource authority holder is taken to have given the public road authority for the road a notice about the use under section 63(1)(a); and(b)the notice has effect for section 63(1)(a) even if the notice does not comply with the prescribed requirements for it under section 63(1)(a).
(3)A written consent to carry out the use of the road given before the commencement to the resource authority holder by the road authority is taken to be written consent given to the resource authority holder by the public road authority for the road under section 63(1)(b)(ii).(4)If, before the commencement—(a)the road authority applied under a Resource Act to the Land Court for the Court to decide the resource authority holder’s compensation liability to the road authority for the road; and(b)the application had not lapsed, been decided, been withdrawn or been otherwise finally dealt with;
the application is taken to be an application to the Land Court for the Court to decide the resource authority holder’s compensation liability to the public road authority for the road under section 100(1).(5)In this section—commencement means the commencement of chapter 3.road authority means—(a)a road authority under the pre-amended Mineral Resources Act, section 318EN; or(b)a public road authority under any of the following provisions as in force immediately before the commencement—•the P&G Act, schedule 2•the 1923 Act, section 2•the Geothermal Act, schedule 2•the Greenhouse Gas Act, schedule 2.
225Existing road use directions(1)This section applies if—(a)a public land authority, under a pre-amended Resource Act, gave a road use direction to a resource authority holder; and(b)the direction is in force immediately before the commencement.
(2)The direction continues in force after the commencement and is taken to be a road use direction given under section 64(1) by the authority.(3)The direction is valid even if the direction does not comply with section 64(4)(b).226Existing written consent to enter land given by second resource authority holder(1)This section applies if—(a)a second resource authority holder under a pre-amended Resource Act has given written consent to a first resource authority holder under a pre-amended Resource Act to enter land; and(b)the consent is in force immediately before the commencement.
(2)The written consent continues in force and is taken to be written consent to enter land given under section 75 by the second resource authority holder to the first resource authority holder.(3)In this section—written consent means—(a)for the pre-amended P&G Act—written consent given under the pre-amended P&G Act, section 529; or(b)for the pre-amended 1923 Act—written consent given under the pre-amended 1923 Act, section 79N; or(c)for the pre-amended Geothermal Act—written consent given under the pre-amended Geothermal Act, section 244; or(d)for the pre-amended Greenhouse Gas Act—written consent given under the pre-amended Greenhouse Gas Act, section 317.
227Existing conduct and compensation agreements(1)This section applies to a conduct and compensation agreement entered into under a pre-amended Resource Act and in force immediately before the commencement.(2)The agreement continues in force after the commencement and is taken to be a conduct and compensation agreement entered into under section 83(1).(3)The agreement is valid even if the agreement does not comply with a prescribed requirement under section 83(4).(4)However—(a)a resource authority holder that is a party to a conduct and compensation agreement must comply with section 92(1) in relation to the agreement within 6 months after the commencement, instead of within 28 days as mentioned in that section; and(b)a special agreement can not be the subject of an application under section 101 to the Land Court for a review of the original compensation.
(5)A requirement of a resource authority holder under subsection (4)(a) is a condition of the resource authority.(6)In this section—special agreement means a compensation agreement under the P&G Act, section 923.228Existing negotiations for conduct and compensation agreement or deferral agreement(1)This section applies if—(a)before the commencement, a resource authority holder gave an eligible claimant a negotiation notice, under the old land access provisions, that the holder wished to negotiate a conduct and compensation agreement or a deferral agreement with the claimant; and(b)the resource authority holder and the eligible claimant had not entered into a conduct and compensation agreement or deferral agreement before the commencement.
(2)The negotiations for the conduct and compensation agreement or the deferral agreement are to continue under the old land access provisions that, before the commencement, applied in relation to the negotiation notice.(3)Subsection (2) applies despite the repeal of the old land access provisions.(4)If the negotiations under the old land access provisions result in the making of a conduct and compensation agreement after the commencement, the agreement is taken to be a conduct and compensation agreement entered into under section 83(1).(5)If the negotiations under the old land access provisions result in the making of a deferral agreement after the commencement, the agreement is taken to be a deferral agreement entered into under section 44(2).(6)If the negotiations under the old land access provisions result in a decision of the Land Court under the old land access provisions, the decision is taken to be a decision of the Land Court under the new land access provisions.(7)In this section—new land access provisions means chapter 3.old land access provisions means—(a)the Mineral Resources Act, schedule 1; or(b)the P&G Act, chapter 5, parts 2 and 5; or(c)the 1923 Act, parts 6H and 6K; or(d)the Geothermal Act, chapter 5, parts 5 and 8; or(e)the Greenhouse Gas Act, chapter 5, parts 7 and 10.
228AExisting road compensation agreements(1)This section applies to a road compensation agreement entered into under a pre-amended Resource Act and in force immediately before the commencement.(2)The agreement continues in force after the commencement and is taken to be a road compensation agreement entered into under section 94(1).(3)The agreement is valid even if the agreement does not comply with a prescribed requirement under section 94(2).228BExisting requirements under Mineral Resources Act to obtain written consent of owner to enter restricted land(1)This section applies if, before the commencement—(a)a prospecting permit holder under the pre-amended Mineral Resources Act was permitted, under the pre-amended Mineral Resources Act, section 19(4), to enter restricted land only with the written consent of the owner of the land where the relevant permanent building, or relevant feature, was situated; or(b)an exploration permit holder under the pre-amended Mineral Resources Act was permitted, under the pre-amended Mineral Resources Act, section 129(3), to enter the surface of restricted land only with the written consent of the owner of the land where the relevant permanent building, or relevant feature, was situated; or(c)a mineral development licence holder under the pre-amended Mineral Resources Act was permitted, under the pre-amended Mineral Resources Act, section 181(8), to enter the surface of restricted land only with the written consent of the owner of the land where the relevant permanent building, or relevant feature, was situated.
(2)The pre-amended Mineral Resources Act continues to apply in relation to entry to the restricted land as if—(a)the new restricted land entry provisions had not commenced; and(b)the Mineral Resources Act, sections 19, 20, 129 and 181, and schedule 2, definitions restricted land, restricted land (category A) and restricted land (category B) had not been repealed.
228CExisting requirements under Geothermal Act to obtain written consent of owner to carry out authorised activities on particular land(1)This section applies if, before the commencement—(a)an authorised activity for a geothermal tenure was permitted, under the pre-amended Geothermal Act, section 358(2), to be carried out on land within 300m laterally of a permanent building mentioned in the pre-amended Geothermal Act, section 358(2) only with the written consent of the owner or occupier of the building; or(b)an authorised activity for a geothermal tenure was permitted, under the pre-amended Geothermal Act, section 358(3), to be carried out on land within 50m laterally of a thing mentioned in the pre-amended Geothermal Act, section 358(3) only with the written consent of the owner or occupier of the thing.
(2)The pre-amended Geothermal Act continues to apply in relation to entry to the land as if—(a)the new restricted land entry provisions had not commenced; and(b)the Geothermal Act, section 358 had not been repealed.
228D Land access requirements for particular applications under Mineral Resources Act not decided before commencement(1)This section applies if—(a)before the commencement, a person applied for a prospecting permit, exploration permit or mineral development licence under the pre-amended Mineral Resources Act; and(b)the prospecting permit, exploration permit or mineral development licence is granted after the commencement; and(c)if the permit or licence had been granted under the pre-amended Mineral Resources Act—the holder of the permit or licence would have been permitted under section 19(4), 129(3) or 181(8) of that Act to enter, or enter the surface of, restricted land only with the written consent of the owner of the land where the relevant permanent building, or relevant feature, was situated.
(2)The pre-amended Mineral Resources Act continues to apply in relation to entry to the restricted land as if—(a)the new restricted land entry provisions had not commenced; and(b)the Mineral Resources Act, sections 19, 20, 129 and 181, and schedule 2, definitions restricted land, restricted land (category A) and restricted land (category B) had not been replaced or repealed.
(3)In this section—commencement means the commencement of chapter 3.228E Land access requirements for particular applications under Geothermal Act not decided before commencement(1)This section applies if—(a)before the commencement, a person applied for a geothermal tenure under the pre-amended Geothermal Act; and(b)the geothermal tenure is granted after the commencement; and(c)if the geothermal tenure had been granted under the pre-amended Geothermal Act, an authorised activity for the geothermal tenure—(i)would have been permitted, under the pre-amended Geothermal Act, section 358(2), to be carried out on land within 300m laterally of a permanent building mentioned in section 358(2) of that Act only with the written consent of the owner or occupier of the building; or(ii)would have been permitted, under the pre-amended Geothermal Act, section 358(3), to be carried out on land within 50m laterally of a thing mentioned in section 358(3) of that Act only with the written consent of the owner or occupier of the thing.
(2)The pre-amended Geothermal Act continues to apply in relation to entry to the land as if—(a)the new restricted land entry provisions had not commenced; and(b)the Geothermal Act, section 358 had not been repealed.
(3)In this section—commencement means the commencement of chapter 3.228F Land access requirements for relevant resource authorities applied for before commencement(1)This section applies if—(a)before the commencement, a person applied for a relevant resource authority; and(b)the relevant resource authority was granted before the commencement or is granted after the commencement.
(2)The new restricted land entry provisions do not apply in relation to the relevant resource authority. (3)In this section—commencement means the commencement of chapter 3.relevant resource authority means—(a)a mining claim or a mining lease under the Mineral Resources Act; or(b)a resource authority under the P&G Act; or(c)a lease under the 1923 Act; or(d)a resource authority under the Greenhouse Gas Act.
Part 4Provisions for overlapping coal and petroleum resource authoritiesDivision 1Preliminary229Definitions for pt 4In this part—commencement means the commencement of this part.Common Provisions Act means this Act.new overlap provisions means chapter 4 of this Act.overlap see section 231.pre-amended Mineral Resources Act means the Mineral Resources Act as in force immediately before the commencement.pre-amended P&G Act means the P&G Act as in force immediately before the commencement.230Ch 4 definitionsUnless the context otherwise requires, an expression defined in chapter 4 has the same meaning in this part.231Overlapping resource authoritiesA resource authority overlaps another resource authority if the authorities’ areas contain the same overlapping area.231AExisting agreement between resource holders(1)This section applies if—(a)a non-mandatory provision applies to resource authority holders for an overlapping area; and(b)the non-mandatory provision is inconsistent with a term of an existing agreement between the resource authority holders.
(2)The resource authority holders are taken to have agreed, under section 117(2), that the non-mandatory provision does not apply for the overlapping area.(3)Subsection (2) does not apply if, after the commencement, the resource authority holders agree that the non-mandatory provision does apply for the overlapping area.(4)In this section—existing agreement means a written legally binding agreement in force immediately before the commencement.non-mandatory provision means a provision, or a part of a provision, of chapter 4 other than a provision, or a part of a provision, mentioned in section 117(1).Division 1AOverlapping exploration resource authorities231BExploration resource authorities(1)The following table applies for this section—Column 1Column 2
exploration permit (coal)authority to prospect (csg)
mineral development licence (coal)authority to prospect (csg)
authority to prospect (csg)either of the following—(a)exploration permit (coal);(b)mineral development licence (coal)
(2)This section applies to a column 1 exploration resource authority if—(a)the exploration resource authority—(i)was granted before the commencement; or(ii)was applied for before the commencement and is granted after the commencement; and
(b)the exploration resource authority overlaps a corresponding column 2 exploration resource authority that—(i)was granted before the commencement; or(ii)was applied for before the commencement and is granted after the commencement.
(3)The new overlap provisions apply to the circumstance of the column 1 exploration resource authority overlapping the corresponding column 2 exploration resource authority.(4)For applying the new overlap provisions to an overlapping area for a column 1 exploration resource authority (whenever granted) and a corresponding column 2 exploration resource authority granted before the commencement, the overlapping area is taken to come into existence on the commencement.(5)In this section—column 1 exploration resource authority means a resource authority listed in column 1 of the table for this section.corresponding column 2 exploration resource authority, for a column 1 exploration resource authority, means the resource authority listed in column 2 of the table for this section opposite the column 1 exploration resource authority.Division 2Resource authorities granted over existing production resource authorities232Coal resource authority granted over existing PL(1)If a coal resource authority, whenever granted, overlaps a PL that was granted before the commencement, the Mineral Resources Act applies to the circumstance of the coal resource authority overlapping the PL as if the Common Provisions Act had not been enacted.(2)Despite subsection (1), the new overlap provisions apply to the circumstance of a coal resource authority overlapping a PL if—(a)the coal resource authority holder and the PL holder agree that the new overlap provisions apply; and(b)the coal resource authority holder and PL holder jointly give written notice to the chief executive of the agreement.
233Petroleum resource authority granted over existing ML (coal)(1)If a petroleum resource authority, whenever granted, overlaps an ML (coal) that was granted before the commencement, the P&G Act applies to the circumstance of the petroleum resource authority overlapping the ML (coal) as if the Common Provisions Act had not been enacted.(2)Despite subsection (1), the new overlap provisions apply to the circumstance of a petroleum resource authority overlapping an ML (coal) if—(a)the petroleum resource authority holder and the ML (coal) holder agree that the new overlap provisions apply; and(b)the petroleum resource authority holder and ML (coal) holder jointly give written notice to the chief executive of the agreement.
Division 2A Existing applications under Mineral Resources Act, chapter 6233AApplication for ML (coal) over land in area of existing ATP(1)This section applies if—(a)a person made an application, under the pre-amended Mineral Resources Act, chapter 6, for the grant of an ML (coal); and(b)the application was made but not decided before the commencement; and(c)the ML (coal) overlaps an ATP that was applied for after the date of the application for the ML (coal) but granted before the commencement.
(2)The new overlap provisions apply to the circumstance of the ML (coal) overlapping the ATP.(3)For applying the new overlap provisions—(a)the overlapping area for the ML (coal) and ATP is taken to come into existence on the commencement; and(b)despite sections 115(2) and 120, the ML (coal) holder has sole occupancy of the IMA for the overlapping area from the date stated under subsection (4)(b) by the ML (coal) holder, but only if the ML (coal) holder has given the ATP holder a notice as required under subsection (4); and(c)the date stated under subsection (4)(b) by the ML (coal) holder is taken to be the mining commencement date; and(d)despite section 127, the ATP holder may not give an exceptional circumstances notice to the ML (coal) holder; and(e)despite section 138(2)(b), the ML (coal) holder must make the offer mentioned in section 138(2) as early as practicable after the overlapping area is taken to come into existence.
(4)The notice must—(a)state that the ML (coal) holder intends to start carrying out authorised activities for the ML (coal) in the IMA in the overlapping area; and(b)state the date on which the ML (coal) holder will take sole occupancy of the IMA; and(c)include any other information prescribed by regulation; and(d)be given at least 3 months before the date mentioned in paragraph (b), or within the period otherwise agreed between the ML (coal) holder and ATP holder.
Division 3Existing applications under Mineral Resources Act, chapter 8234Application for ML (coal) over land in area of ATP (without consent)(1)This section applies if—(a)a person mentioned in the pre-amended Mineral Resources Act, section 318AO made an application for the grant of an ML (coal) that included the additional requirements mentioned in the pre-amended Mineral Resources Act, section 318AP; and(b)the application was made but not decided before the commencement.
(2)The new overlap provisions apply to the circumstance of the ML (coal) overlapping an ATP.(3)For applying the requirement under the new overlap provisions to give an advance notice for the ML (coal), the application for the grant of the ML (coal) is taken to have been made on the commencement.(4)If the applicant for the grant of the ML (coal) has given the ATP holder a copy of the application, as required under the pre-amended Mineral Resources Act, section 318AT(1)(a), the mining commencement date for an IMA, despite section 115(2)(a) of the new overlap provisions, may be a date that—(a)is agreed between the applicant and the ATP holder; or(b)is at least—(i)18 months after the date on which the applicant for the grant of the ML (coal) has given the ATP holder a copy of the application under the pre-amended Mineral Resources Act, section 318AT(1)(a); and(ii)3 months after the commencement.
(5)In this section—ATP means an authority to prospect mentioned in the pre-amended Mineral Resources Act, section 318AO(1), if the intention of the holder is to explore and test for coal seam gas.235Application for ML (coal) over land in area of ATP (with consent)(1)This section applies if—(a)a person mentioned in the pre-amended Mineral Resources Act, section 318BO made an application for the grant of an ML (coal) that included the additional requirements mentioned in the pre-amended Mineral Resources Act, section 318BP; and(b)the application was made but not decided before the commencement.
(2)The new overlap provisions apply to the circumstance of the ML (coal) overlapping an ATP.(3)For applying the requirement under the new overlap provisions to give an advance notice for the ML (coal), the application for the grant of the ML (coal) is taken to have been made on the commencement.(4)The mining commencement date for an IMA, despite section 115(2)(a) of the new overlap provisions, may be a date that is agreed by the ML (coal) holder and the ATP holder.(5)In this section—ATP means an authority to prospect to which the pre-amended Mineral Resources Act, section 318BO(1)(a) applies, if the intention of the holder is to explore and test for coal seam gas.236Application for ML (coal) over land in area of PL (without consent)(1)This section applies if—(a)a person mentioned in the pre-amended Mineral Resources Act, section 318BW made an application for the grant of an ML (coal) that included the additional requirements mentioned in the pre-amended Mineral Resources Act, section 318BX; and(b)the application was made but not decided before the commencement.
(2)The Mineral Resources Act applies to the circumstance of the ML (coal) overlapping a PL as if the Common Provisions Act had not been enacted.(3)Despite subsection (2), the new overlap provisions apply to the circumstance of the ML (coal) overlapping a PL if—(a)the ML (coal) holder and the PL holder agree that the new overlap provisions apply; and(b)the ML (coal) holder and PL holder jointly give written notice to the chief executive of the agreement.
(4)In this section—PL means a petroleum lease to which the pre-amended Mineral Resources Act, section 318BW applies, if the petroleum lease authorises the production of coal seam gas.237Application for ML (coal) over land in area of PL (with consent)(1)This section applies if—(a)a person mentioned in the pre-amended Mineral Resources Act, section 318CC made an application for the grant of an ML (coal) that included the additional requirements mentioned in the pre-amended Mineral Resources Act, section 318CD; and(b)the application was made but not decided before the commencement.
(2)The Mineral Resources Act applies to the circumstance of the ML (coal) overlapping a PL as if the Common Provisions Act had not been enacted.(3)Despite subsection (2), the new overlap provisions apply to the circumstance of the ML (coal) overlapping a PL if—(a)the ML (coal) holder and the PL holder agree that the new overlap provisions apply; and(b)the ML (coal) holder and PL holder jointly give written notice to the chief executive of the agreement.
(4)In this section—PL means a petroleum lease to which the pre-amended Mineral Resources Act, section 318CC applies, if the petroleum lease authorises the production of coal seam gas.Division 4Existing applications under P&G Act, chapter 3238Application for PL over land in area of coal exploration authority(1)This section applies if—(a)a person mentioned in the pre-amended P&G Act, section 304 or 331 made an application for the grant of a PL; and(b)the application was made but not decided before the commencement.
(2)The new overlap provisions apply to the circumstance of the PL overlapping a coal exploration authority.(3)For applying the requirement under the new overlap provisions to give a petroleum production notice, the application for grant of the PL is taken to have been made on the commencement.(4)In this section—coal exploration authority means an exploration permit, or a mineral development licence, granted for coal, to which the pre-amended P&G Act, section 304 or 331 applies.240Application for PL over land in area of ML (coal)(1)This section applies if—(a)a person mentioned in the pre-amended P&G Act, section 344 or 351 made an application for the grant of a PL; and(b)the application was made but not decided before the commencement.
(2)The P&G Act applies to the circumstance of the PL overlapping an ML (coal) as if the Common Provisions Act had not been enacted.(3)Despite subsection (2), the new overlap provisions apply to the circumstance of the PL overlapping an ML (coal) if—(a)the PL holder and the ML (coal) holder agree that the new overlap provisions apply; and(b)the PL holder and ML (coal) holder jointly give written notice to the chief executive of the agreement.
(4)In this section—ML (coal) means a mining lease granted for coal, to which the pre-amended P&G Act, section 344 or 351 applies.Division 4AUndecided ML (coal) and PL applications241AApplication for ML (coal) and application for PL both undecided before commencement(1)This section applies if—(a)before the commencement—(i)an application was made under the pre-amended Mineral Resources Act for the grant of an ML (coal); and(ii)an application was made under the pre-amended P&G Act for the grant of a PL; and
(b)each application was made over some or all of the area over which the other application was made; and(c)neither application was decided before the commencement.
(2)For this section, it does not matter in which order the applications for the ML (coal) and the PL were made before the commencement.(3)The following provisions apply to the circumstances of the applications—(a)if the applicants are parties to a coordination arrangement—the pre-amended Mineral Resources Act and pre-amended P&G Act, which apply as if the Common Provisions Act had not been enacted;(b)otherwise—the new overlap provisions.
(4)Despite subsection (3)(a), the new overlap provisions apply to the circumstances of the applications if—(a)the applicants agree that the new overlap provisions apply; and(b)the applicants jointly give written notice to the chief executive of the agreement.
(5)For applying the requirements under the new overlap provisions to give an advance notice for the ML (coal)— (a)if the new overlap provisions apply under subsection (3)(b) to the circumstances of the applications—the ML (coal) holder complies with section 121(2) if the ML (coal) holder gives the advance notice to the PL holder within 10 business days after the commencement of chapter 7; or(b)if the new overlap provisions apply under subsection (4) to the circumstances of the applications—the ML (coal) holder complies with section 121(2) if the ML (coal) holder gives the advance notice to the PL holder within 10 business days after the notice is given to the chief executive under subsection (4)(b).
(6)Despite section 115(2)(a), the mining commencement date for an IMA to be included in the advance notice must be at least 6 years after the commencement.(7)If neither the ML (coal) nor the PL are granted within 6 years after the commencement, the mining commencement date for an IMA must be—(a)if the ML (coal) application is the first application to be granted after the 6 years have ended—at least 3 months after the grant of the ML (coal), unless the ML (coal) holder and the petroleum resource authority holder otherwise agree; or(b)if the PL application is the first application to be granted after the 6 years have ended—at least 5 years after the 6 years have ended, unless the PL holder and the coal resource authority holder otherwise agree.
(8)This section applies despite divisions 3 and 4.(9)In this section—coordination arrangement means an arrangement that was—(a)made under the pre-amended P&G Act, section 234(1) to (4) before 27 September 2016; and(b)approved by the Minister under the pre-amended P&G Act, section 236(1) before 27 September 2016, whether or not the approval has taken effect under the P&G Act.
Division 5Modification of particular provisions of Common Provisions Act for Surat Basin area242Application of div 5(1)This division applies to the giving of an advance notice or an acceleration notice if—(a)a person holds a petroleum lease (csg) granted after the commencement but not later than 31 December 2016; and(b)another person applies for an ML (coal) after the commencement but before 1 July 2020; and(c)there is an overlapping area that is the subject of both the petroleum lease (csg) and the ML (coal); and(d)some or all of the overlapping area is located in the Surat Basin Transitional Area.
(2)In this section—Surat Basin Transitional Area means the area prescribed by regulation.243Requirements for advance notice and acceleration notice(1)Despite sections 115 and 121, the advance notice given by the applicant for the ML (coal) must not state a mining commencement date for an IMA or RMA for the overlapping area that is before 1 July 2030, unless the holder of the petroleum lease (csg) agrees to an earlier date.(2)Despite section 128, if the ML (coal) holder gives the holder of the petroleum lease (csg) an acceleration notice, the mining commencement date stated in the notice must not be earlier than 1 July 2020, unless the holder of the petroleum lease (csg) agrees to an earlier date.Part 5Provisions about application of section 232243AApplication generallySection 232 does not, and never did, affect the operation of the Mineral Resources Act, section 826.243B Application to coal resource authority granted over replacement PL (1)This section applies if a coal resource authority, whenever granted, overlaps a PL that—(a)was granted after the relevant commencement; and(b)is a replacement tenure under the P&G Act, section 908(2).
(2)Section 232 applies to the coal resource authority and PL as if the PL were granted before the relevant commencement.(3)This section applies to a PL mentioned in subsection (1) even if it was granted before the commencement of this section.(4)In this section—coal resource authority see section 103.overlaps see section 231.PL means a petroleum lease (csg) within the meaning of section 103.relevant commencement means the commencement of part 4.Chapter 10Further transitional provisionsPart 1Transitional provision for Land Access Ombudsman Act 2017244 Provision inserted into Act prevails over provision of transitional regulationIf there is an inconsistency between a provision inserted into this Act by the Land Access Ombudsman Act 2017, and a provision of the Mineral and Energy Resources (Common Provisions) Transitional Regulation 2016, the provision inserted into the Act prevails to the extent of the inconsistency.Part 2Transitional provisions for Mineral, Water and Other Legislation Amendment Act 2018245Election notice(1)This section applies if, before the commencement—(a)a party gave, under section 88 as in force before the commencement, another party an election notice—(i)asking for an authorised officer to call a conference to negotiate a conduct and compensation agreement; or(ii)calling upon the party to agree to an ADR to negotiate a conduct and compensation agreement; and
(b)the conference was not finished under section 89 as in force before the commencement, or the ADR was not finished under section 90 as in force before the commencement.
(2)The Act, as in force immediately before the commencement, continues to apply in relation to—(a)the conference or ADR; and(b)any proceeding in the Land Court, whether started before or after the commencement, that relates to the concerns the subject of the conference or ADR.
(3)The new arbitration provisions do not apply in relation to the concerns the subject of the conference or ADR.(4)In this section—new arbitration provisions means the provisions inserted into chapter 3 under the Mineral, Water and Other Legislation Amendment Act 2018.246Recovery of particular negotiation and preparation costs(1)This section applies if negotiation and preparation costs incurred by an eligible claimant under section 91(1) include the costs of an agronomist.(2)The resource authority holder is liable to pay to the eligible claimant, under section 91(2), the costs of the agronomist only if the costs were incurred by the eligible claimant after the commencement.(3)The Land Court may, under section 96B, make a declaration or order in relation to the costs of the agronomist only if the costs were incurred by the eligible claimant after the commencement.Part 3Transitional provisions for Mineral and Energy Resources and Other Legislation Amendment Act 2020247Application for approval to register particular prescribed dealings taken to be notification of particular notifiable dealings (1)This section applies if —(a)before the commencement, an application was made under section 19 for approval to register a prescribed dealing mentioned in the Mineral and Energy Resources (Common Provisions) Regulation 2016, section 4(1)(a) or (f) as in force before the commencement; and(b)immediately before the commencement, the prescribed dealing mentioned in paragraph (a) had not been registered.
(2)The application is taken to be a notice to the chief executive of a notifiable dealing to enable its registration under section 19B(1).248Disqualification of applicantsThe power of a decision-maker for a prescribed matter to decide an applicant for the matter is disqualified under section 196C applies only if the application or tender constituting the prescribed matter was made after the commencement.Schedule 1Owners of landsection 121Freehold landThe owner of freehold land is the registered owner of the land.2Deed of grantThe owner of land for which a person is, or will on performing conditions, be entitled to a deed of grant in fee simple, is that person.3Fee simple being purchased from StateThe owner of land that is an estate in fee simple being purchased from the State is the purchaser.4Public roadsThe owner of a public road is the public road authority for the road.5Busways, railways and other land used to transport(1)The owner of land that is busway land, light rail land, rail corridor land or a cane railway or other railway is the public land authority for the land.(2)The owner of land required under the Transport Infrastructure Act 1994, section 436 is the chief executive of the department in which that Act is administered.(3)The owner of transport land under the Transport Planning and Coordination Act 1994 is the chief executive of the department in which that Act is administered.6Forests and quarry materials(1)The owner of any of the following land is the chief executive of the department in which the Forestry Act 1959 is administered—(a)land that is a forest entitlement area, State forest or timber reserve under the Forestry Act 1959;(b)land within a forest management unit included in the spatial data prescribed by regulation;(c)land that is a quarry material management unit included in the spatial data prescribed by regulation.
(2)The owner of land, that is a licence area under the Forestry Act 1959, is the plantation licensee for the licence area under that Act.7Parks and reserves under the Nature Conservation Act 1992(1)The owner of land that is a conservation park or resources reserve under the Nature Conservation Act 1992 (the NCA) is—(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.
(2)The owner of land that is any of the following land under the Nature Conservation Act 1992 is the chief executive of the department in which the NCA is administered—(a)a national park (scientific);(b)a national park;(c)a national park (Aboriginal land);(d)a national park (Cape York Peninsula Aboriginal Land);(e)a national park (Torres Strait Islander land);(f)a forest reserve.
8Wet tropics(1)The owner of land, that is in the wet tropics area, is the Wet Tropics Management Authority.(2)In this section—Wet Tropics Management Authority means the Wet Tropics Management Authority established under the Wet Tropics World Heritage Protection and Management Act 1993, section 6.wet tropics area means the wet tropics area within the meaning of the Wet Tropics World Heritage Protection and Management Act 1993.9Aboriginal and Torres Strait Islander land(1)The owner of land that is DOGIT land under the Aboriginal Land Act 1991 or the Torres Strait Islander Land Act 1991 is a trustee for the land.(2)The owner of land that is held under a lease under the Aurukun and Mornington Shire Leases Act 1978, section 3 is the relevant local government.(3)The owner of Aboriginal land under the Aboriginal Land Act 1991 that is taken to be a reserve because of section 202(2) or 202(4)(b) of that Act is the trustee of the land.(4)The owner of Torres Strait Islander land under the Torres Strait Islander Land Act 1991 that is taken to be a reserve because of section 151(2) of that Act is the trustee of the land.(5)The owner of land that is lease land for a 1985 Act granted lease or a new Act granted lease, under the Aboriginal and Torres Strait Islander Land Holding Act 2013, is the lessee.10Trustee landThe owner of land for which there are trustees under the Land Act 1994 is the trustee.11Educational institutionsThe owner of land vested in the Minister administering the Education (General Provisions) Act 2006 is the chief executive of the department in which that Act is administered.12Public buildingsThe owner of land vested in the Queensland Housing Commission or another Minister or a chief executive responsible for constructing public buildings is the chief executive administering the relevant Act.13Other public landsThe owner of 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) is the person who holds the interest.Schedule 1AContent of subsidence impact reportsection 184CDPart 1Preliminary1InterpretationWords defined in chapter 5A and used in this schedule have the same meanings as they have under chapter 5A.2Definition for scheduleIn this schedule—transport infrastructure see the Transport Infrastructure Act 1994, schedule 6.Part 2Documents to be included in subsidence impact report3Documents to be included in subsidence impact report(1)A subsidence impact report for a subsidence management area must include—(a)a cumulative subsidence assessment for the area; and(b)a regional risk assessment for the area; and(c)a subsidence impact management strategy for the area.
(2)Each document mentioned in subsection (1) must be prepared in accordance with—(a)the provisions of this schedule relevant to the document; and(b)the prescribed requirements for the document.
Part 3Cumulative subsidence assessment4Purpose of cumulative subsidence assessmentThe purpose of a cumulative subsidence assessment for a subsidence management area is to assess cumulative existing and predicted impacts of CSG-induced subsidence on land in the area or the use of the land.5Requirements for cumulative subsidence assessmentA cumulative subsidence assessment for a subsidence management area must include each of the following—(a)a description of the existing and proposed production of coal seam gas under a petroleum resource authority (csg) in the area;(b)an assessment of the background trends in ground motion on land in the area;(c)an assessment of the existing drainage and slope of land in the area;(d)a description of the types of land use activities on land in the area;(e)an assessment of the impacts of CSG-induced subsidence on watercourses, natural vegetation or transport infrastructure on land in the area;(f)an assessment of the cumulative existing and predicted impacts of CSG-induced subsidence on land in the area;(g)an assessment of the potential cumulative impacts of CSG-induced subsidence on the use of land in the area at a regional scale;(h)a description of—(i)the methods and techniques used to determine the matters mentioned in paragraphs (a) to (g); and(ii)the parameters against which changes to the form of land in the area are to be measured;
(i)a description of—(i)any changes that have happened to any matter mentioned in paragraphs (a) to (g) since the most recent cumulative subsidence assessment for the area (if any); and(ii)the reasons for the changes.
Part 4Regional risk assessment6Purpose of regional risk assessmentThe purpose of a regional risk assessment for a subsidence management area is to—(a)assess the risk of impacts of CSG-induced subsidence on agricultural land in the area; and(b)categorise the agricultural land as category A land, category B land or category C land, based on the outcome of the assessment mentioned in paragraph (a).
7Matters to be considered in assessing risk of impacts of CSG-induced subsidence on agricultural landIn assessing the risk of impacts of CSG-induced subsidence on agricultural land in a subsidence management area, the following matters must be considered for the land—(a)the inherent slope of the land;(b)the soil characteristics of the land;(c)the current and intended use of the land;(d)the current and intended farming practices on the land;(e)the susceptibility of uses of, or farming practices on, the land to changes in the slope of the land;(f)the assessment of the cumulative existing and predicted impacts of CSG-induced subsidence mentioned in section 5(f).
8Requirements for regional risk assessmentA regional risk assessment for a subsidence management area must include—(a)a categorisation of agricultural land in the area as category A land, category B land or category C land; and(b)a description of the methods used to categorise the agricultural land as category A land, category B land or category C land; and(c)a map showing the categorisation of the agricultural land.
Part 5Subsidence impact management strategy9Purpose of subsidence impact management strategyThe purpose of a subsidence impact management strategy for a subsidence management area is to state plans and strategies for managing existing and predicted impacts of CSG-induced subsidence on land in the area or the use of the land.10Plan for land monitoring of category A land, category B land or category C land(1)A subsidence impact management strategy for a subsidence management area must include a plan for monitoring category A land, category B land or category C land in the area for impacts of CSG-induced subsidence on the land.(2)The plan must include—(a)a description of—(i)the category A land, category B land or category C land for which land monitoring must be undertaken; and(ii)the relevant holders for the subsidence management area who are responsible holders for undertaking the land monitoring of the category A land, category B land or category C land; and
(b)the rationale for the plan; and(c)the timetable for implementing the plan, including the day or days on or before which a responsible holder must do a thing required under chapter 5A, part 4, division 1 in relation to the plan.
11 Plan for baseline data collection for category A land or category B land(1)A subsidence impact management strategy for a subsidence management area must include a plan for collecting data for assessing baseline conditions for category A land or category B land in the subsidence management area.(2)The plan must include—(a)a description of—(i)the category A land or category B land for which baseline data collection must be undertaken; and(ii)the relevant holders for the subsidence management area who are responsible holders for undertaking the baseline data collection for the category A land or category B land; and
(b)the rationale for the plan; and(c)the timetable for implementing the plan, including the day or days on or before which a responsible holder must do a thing required under chapter 5A, part 4, division 2 in relation to the plan.
12Plan for farm field assessments of category A land(1)A subsidence impact management strategy for a subsidence management area must include a plan for relevant holders for the subsidence management area to undertake farm field assessments of category A land.(2)The plan must include—(a)a description of—(i)the category A land for which farm field assessments must be undertaken; and(ii)the relevant holders who are responsible holders for undertaking the farm field assessments of the category A land; and
(b)the rationale for the plan; and(c)the timetable for implementing the plan, including the day or days on or before which a responsible holder must do a thing required under chapter 5A, part 4, division 3 in relation to the plan.
13Other requirements for subsidence impact management strategyA subsidence impact management strategy for a subsidence management area must include—(a)a plan for a further detailed assessment of the impacts of CSG-induced subsidence on watercourses, natural vegetation or transport infrastructure on land in the area; and(b)if there is a previous subsidence impact management strategy for the area—an assessment of the effectiveness of any previous subsidence impact management strategy.
Part 6Identifying responsible holders14Identifying responsible holders(1)This section applies in relation to identifying the relevant holders for a subsidence management area who are responsible holders for undertaking land monitoring, baseline data collection or farm field assessments in relation to agricultural land in the area.(2)In deciding the relevant holders for the subsidence management area who should be identified as the responsible holders, the following matters may be considered—(a)the location and area of places at which the relevant holders are producing, or propose to produce, coal seam gas under a petroleum resource authority (csg);(b)submissions made by the relevant holders or owners or occupiers of land under sections 184CE and 184CF about the proposed subsidence impact report for the area.
(3)For information purposes only, the subsidence impact report may include a map showing the agricultural land for which relevant holders for the subsidence management area are responsible holders for undertaking land monitoring, baseline data collection or farm field assessments.Schedule 2Dictionarysection 818 months notice, for chapter 4, see section 122.1923 Act means the Petroleum Act 1923.abandonment date, for chapter 4, see section 129(2)(b).acceleration notice, for chapter 4, see section 128(2).access agreement see section 47(2).access land, for a resource authority, see section 47(3).access rights see section 47(3).ADR means a non-binding alternative dispute resolution process, including, for example, a case appraisal, conciliation, mediation or negotiation.ADR election notice means a notice complying with section 196I.ADR see section 88(2).ADR election notice see section 88(2).ADR facilitator means a person who facilitates an ADR.ADR period, for ADR, means the period applying under section 196K(1) or (3) in relation to the ADR.advanced activity, for a resource authority, see section 15A.advance notice, for chapter 4, see section 121.affected person—(a)for a farm field assessment direction for agricultural land, for chapter 5A, part 6, division 1, subdivision 2, see section 184KC; or(b)for a critical consequence decision for agricultural land, for chapter 5A, part 6, division 2, see section 184KH.
affected resource authority, for a caveat, for chapter 2, part 2, see section 24.agreed co-existence plan, for chapter 5, see section 174A.agreed joint development plan, for chapters 4 and 5, see section 103.agreed plan, for chapter 5, see section 174A.agricultural land see section 184AB.applicant, for chapter 7, see section 196A.application, for chapter 6, part 1, see section 186.approved payment method, for a fee, see section 203(2).arbitration, for chapter 4, see section 103.arbitration election notice means a notice complying with section 196N.arbitration election notice see section 91A(2).area, for chapter 4, see section 103.associate, of an applicant for a prescribed matter, for chapter 7, see section 196A.associated agreement, for a resource authority, for chapter 2, part 3, see section 32.ATP, for chapter 4, see section 103.ATP major gas infrastructure, for chapter 4, see section 166.authorised activity, for a resource authority, has the meaning given by the particular Resource Act under which the resource authority is granted.Example—For the meaning of the authorised activity when used in a provision in relation to a GHG authority, see the Greenhouse Gas Act, section 22.authorised area, for a resource authority, see section 11.authorised officer, in relation to a resource authority, has the meaning given by the particular Resource Act under which the resource authority is granted.authorising provision, for an application, for chapter 6, part 1, see section 186.authority to prospect (csg)—(a)for chapter 4, see section 103; or(b)for chapter 5A, see section 184AB.
baseline data collection, for agricultural land, for chapter 5A, see section 184EB.category A land, for chapter 5A, see section 184AB.category B land, for chapter 5A, see section 184AB.category C land, for chapter 5A, see section 184AB.authority to prospect (csg), for chapter 4, see section 103.coal mine, for chapter 4, see section 103.coal mining operations, for chapter 4, see section 103.coal resource authority, for chapter 4, see section 103.coal seam gas means a substance (in any state) occurring naturally in association with coal, or with strata associated with coal mining, if the substance is petroleum under the P&G Act.coal seam gas, for chapter 4, see section 103.co-existing area, for chapter 5, see section 174A.column 1 resource authority, for chapter 4, see section 103.column 2 resource authority, for chapter 4, see section 103.compensation liability—(a)for chapter 3—(i)to an eligible claimant, see section 81(2); or(ii)to a public road authority, see section 93(2); or
(b)for chapter 4—(i)of an ML (coal) holder to a PL holder, see section 167(3); or(ii)of an ML (coal) holder to an ATP holder, see section 168(3).; or
(c)for chapter 5A, part 5, division 2, see section 184IC(3).
concurrent notice, for chapter 4, see section 149(2).conduct and compensation agreement see section 83(1).conference election notice see section 83A(2).confirmation notice, for chapter 4, see section 123.corresponding column 1 resource authority, for chapter 4, see section 103.corresponding column 2 resource authority, for chapter 4, see section 103.criminal history, of a person, for chapter 7, see section 196A.critical consequence, for agricultural land, for chapter 5A, part 6, division 2, see section 184KH.critical consequence action plan, for chapter 5A, part 6, division 2, see section 184KL(1)(c).critical consequence decision, for agricultural land, for chapter 5A, part 6, division 2, see section 184KH.CSG-induced subsidence see section 184AB.dealing, in relation to a resource authority, see section 16.deciding authority, for an application, for chapter 6, part 1, see section 186.decision-maker, for a prescribed matter, for chapter 7, see section 196A.deferral agreement see section 44(1).diluted incidental coal seam gas, for chapter 4, see section 136.director, of a body corporate, for chapter 7, see section 196A.due day, for a relevant holder for a subsidence management area to comply with a requirement under chapter 5A, for chapter 5A, see section 184AB.eligible claimant, for compensation, see section 81(1).Environmental Protection Act means the Environmental Protection Act 1994.EP (coal), for chapter 4, part 3, see section 139.exceptional circumstances notice, for chapter 4, see section 127.exploration permit (coal), for chapter 4, see section 103.farm field assessment, of agricultural land, for chapter 5A, see section 184FB.farm field assessment direction, for agricultural land, for chapter 5A, part 6, division 1, subdivision 2, see section 184KC.farm field auditor, for chapter 5A, see section 184AB.first resource authority, for chapter 3part 5, see section 73(1).FMA, for chapter 4, see section 110.future mining area, for chapter 4, see section 110.Geothermal Act means the Geothermal Energy Act 2010.Greenhouse Gas Act means the Greenhouse Gas Storage Act 2009.ground motion, for chapter 5A, see section 184AB.holder—(a)for chapter 4, see section 103; or(b)of an authority to prospect (csg) or a petroleum lease (csg), for chapter 5A, see section 184AB.
holder, for chapter 4, see section 103.IMA, for chapter 4, see section 109.incidental coal seam gas, for chapter 4, see section 103.information notice, for a decision, means a notice stating the following—(a)the decision and the reasons for it;(b)the rights of appeal under this Act or another Act;(c)the period in which an appeal must be started;(d)how the rights of appeal are to be exercised;(e)whether a stay of the decision may be applied for under this Act or another Act.
initial mining area, for chapter 4, see section 109.invalid application, for chapter 6, part 1, see section 189(2).joint development plan, for chapter 4, see section 103.joint occupancy, for chapter 4, see section 114.land access code see section 36.land monitoring, of agricultural land, for chapter 5A, see section 184DB.lodgement, of an application, means—(a)the deciding authority for the application has accepted the application; or(b)the applicant has complied with any requirements for lodging the application with the deciding authority.
lost production, for chapter 4, see section 162.MDL (coal), for chapter 4, part 3, see section 139.mineral development licence (coal), for chapter 4, see section 103.Mineral Resources Act means the Mineral Resources Act 1989.minimum negotiation period—(a)for chapter 3, part 7, see section 85(2)(a) and (3); or(b)for chapter 5A, part 5, division 1, see section 184HH(2)(a) and (3); or(c)for chapter 5A, part 5, division 2, see section 184IH(2)(a) and (3).
minimum negotiation period see section 85(2)(a) and (3).mining commencement date, for chapter 4, see section 115(1).mining lease (coal), for chapter 4, see section 103.mining safety legislation means—(a)the Coal Mining Safety and Health Act 1999; or(b)the Mining and Quarrying Safety and Health Act 1999; or(c)the P&G Act; or(d)the Mineral Resources Regulation 2013, chapter 2, part 4, division 4.
ML (coal)—(a)for chapter 4, generally, see section 103; or(b)for chapter 4, part 3, see section 139.
ML (coal) holder—(a)for chapter 4, generally, see section 105; or(b)for chapter 4, part 3, see section 139.
negotiation and preparation costs—(a)means—(i)accounting costs; or(ii)legal costs; or(iii)valuation costs; or(iv)the costs of an agronomista relevant specialist; andor(v)other costs prescribed by regulation; and
(b)does not include—(i)the costs of an ADR facilitator; or(ii)the costs of obtaining, under section 88(5), 184HJ(6) or 184IJ(5), a decision from a prescribed ADR institute or the Land Court.
negotiation notice—(a)for chapter 3, part 7, division 2, see section 84(1); or(b)for chapter 5A, part 5, division 2, see section 184IG(1).
negotiation notice, for chapter 3, part 7, division 2, subdivision 3, see section 84(1).noncompliance action, in relation to a resource authority, has the meaning given by the particular Resource Act under which the resource authority is granted.Example—For the meaning of noncompliance action when used in a provision in relation to a petroleum lease, see the P&G Act, section 790.notifiable dealing see section 17A(1).notifiable road use, of a public road, see section 62.occupier, of a place, means—(a)a person who, under an Act or a lease registered under the Land Title Act 1994, has a right to occupy the place other than under a resource authority; or(b)a person who has been given a right to occupy the place by an owner of the place or another person mentioned in paragraph (a).
office, for chapter 5A, see section 184AB.opt-out agreement see section 45(2).overlapping area, for chapters 4 and 5, see section 104.owner, of land, see section 12.P&G Act means the Petroleum and Gas (Production and Safety) Act 2004.party, for chapter 5, part 3, see section 176.periodic entry notice, for chapter 3, part 3, division 1, see section 57(1).petroleum, for chapter 4, see section 103.petroleum lease (csg)—(a)for chapter 4, see section 103; or(b)for chapter 5A, see section 184AB.
petroleum lease (csg), for chapter 4, see section 103.petroleum production notice, for chapter 4, see section 141(1).petroleum resource authority—(a)for chapter 4, generally, see section 103; or(b)for chapter 4, part 2, see section 118.
petroleum resource authority (csg), for chapter 5A, see section 184AB.petroleum well, for chapter 4, see section 103.PL—(a)for chapter 4, generally, see section 103; or(b)for chapter 4, part 3, see section 139.
PL connecting infrastructure, for chapter 4, see section 165.PL holder—(a)for chapter 4, generally, see section 103; or(b)for chapter 4, part 3, see section 139.
PL major gas infrastructure, for chapter 4, see section 163.PL minor gas infrastructure, for chapter 4, see section 164.preliminary activity, for a resource authority, see section 15B.prescribed activity, for chapter 3, part 4, see section 67.prescribed ADR institute means an entity for deciding a type of ADR to be conducted, or an ADR facilitator to conduct an ADR, prescribed by regulation.prescribed arbitration institute means an entity for nominating arbitrators that is prescribed by regulation.prescribed dealing see section 17(1).prescribed matter, for chapter 7, see section 196B.prescribed period, for a matter, means the period prescribed by regulation for the matter.prescribed requirements, for a matter, means the requirements prescribed by regulation for the matter.prescribed resource authority, for chapter 7, see section 196A.private land see section 13.properly made submission, about a proposed subsidence impact report prepared by the office, for chapter 5A, see section 184AB.proposed joint development plan, for chapter 4, see section 103.public land see section 14.public land authority means—(a)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(b)otherwise—the chief executive of the department administering the Act under which entry to the land is administered.
public road see section 15.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.
Queensland government website, for chapter 5A, see section 184AB.reconciliation payment see section 172(2)(b) and (c)(i).register means the register the chief executive keeps under section 197.relevant holder, for a subsidence management area, for chapter 3, part 2, division 4A and chapter 5A, see section 184AB.relevant matter, for chapter 4, see section 103.relevant owner or occupier, for chapter 3, part 4, see section 69.relevant Resource Act, for a resource authority, means the particular Resource Act under which the resource authority is granted.relevant specialist—(a)in relation to a conduct and compensation agreement—means an agronomist; or(b)in relation to a subsidence management plan or subsidence compensation agreement—means a person who is a type of specialist prescribed by regulation.
replace, for chapter 4, part 6, division 2, see section 161.replacement gas see section 172(2)(b) and (c)(ii).Resource Act see section 9.resource authority—(a)generally—see section 10; or(b)for chapter 4—see section 103.
restricted land, for chapter 3, part 4, see section 68.RMA, for chapter 4, see section 111.RMA notice, for chapter 4, see section 125.road compensation agreement see section 94(1).road use direction see section 64(1).rolling mining area, for chapter 4, see section 111.second resource authority, for chapter 3, part 5, see section 73(1)(b).simultaneous operations zone, for chapter 4, see section 112.site senior executive, for chapter 4, see section 103.sole occupancy, for chapter 4, see section 113.SOZ, for chapter 4, see section 112.subsidence activity, for chapter 3, part 2, division 4A, see section 53B.subsidence claimant, for chapter 5A, part 5, division 2, see section 184IC(1).subsidence compensation agreement, for agricultural land, for chapter 5A, see section 184IB.subsidence impact report, for chapter 5A, see section 184AB.subsidence instrument, for chapter 5A, part 5, division 3, see section 184JA.subsidence management area, for chapter 3, part 2, division 4A and chapter 5A, see section 184AB.subsidence management direction, for chapter 5A, see section 184AB.subsidence management measure, for agricultural land, for chapter 5A, see section 184HB(1)(b).subsidence management plan, for agricultural land, for chapter 5A, see section 184HB.subsidence opt-out agreement, for agricultural land, for chapter 5A, see section 184HD(2).successor includes a personal representative.surface mine, for chapter 4, see section 103.technical reference group, for chapter 5A, see section 184CG(1).transport infrastructure, for schedule 1A, see schedule 1A, section 2.underground mine, for chapter 4, see section 103.undertake, a farm field assessment of agricultural land, for a relevant holder for a subsidence management area, for chapter 5A, see section 184AB.undiluted incidental coal seam gas, for chapter 4, see section 136.valid application means an application that either—(a)complies with section 188; or(b)is allowed to proceed under section 190.