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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland Mines and Energy Legislation Amendment Bill 2008
Queensland Mines and Energy Legislation Amendment Bill 2008 Contents Page Part 1 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Part 2 Amendment of Coal Mining Safety and Health Act 1999 3 Act amended in pt 2 and schedule . . . . . . . . . . . . . . . . . . . . . . . . 10 4 Amendment of s 279 (Notices about coal industry statistics or information) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Part 3 Amendment of Electricity Act 1994 5 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 6 Amendment of s 23 (Customers and their types). . . . . . . . . . . . . 11 7 Amendment of s 40DF (Provisions for large customers) . . . . . . . 11 8 Amendment of s 48D (When area retail entity must provide the services to an applicant). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 9 Amendment of s 49 (Retail contract types) . . . . . . . . . . . . . . . . . 12 10 Amendment of s 51 (Retail contract with financially responsible retail entity) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 11 Amendment of s 53 (Making or amending terms of standard large customer retail contract) . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 12 Amendment of s 54 (Required and permitted terms of standard large customer retail contract) . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 13 Amendment of s 135AA (How main purposes are achieved). . . . 13 14 Amendment of s 214 (Who may apply for review etc.) . . . . . . . . . 14 15 Amendment of sch 1 (Appeals against administrative decisions) .................................. 14 16 Amendment of sch 5 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 14 Part 4 Amendment of Energy Ombudsman Act 2006 17 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 18 Amendment of s 6 (Who is a small customer) . . . . . . . . . . . . . . . 14
Mines and Energy Legislation Amendment Bill 2008 Contents Part 5 Amendment of Mineral Resources Act 1989 19 Act amended in pt 5 and schedule . . . . . . . . . . . . . . . . . . . . . . . . 15 20 Insertion of new s 10AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 10AA Joint holders of mining tenement . . . . . . . . . . . . . . . . 15 21 Amendment of s 24 (Grant of prospecting permit) . . . . . . . . . . . . 16 22 Amendment of s 25 (Conditions of prospecting permit) . . . . . . . . 16 23 Amendment of s 36 (Cancellation of prospecting permit) . . . . . . 16 24 Amendment of s 74 (Grant of mining claim to which no objection is lodged) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 25 Amendment of s 78 (Land Court's determination on hearing) . . . 17 26 Amendment of s 81 (Conditions of mining claim) . . . . . . . . . . . . . 17 27 Amendment of s 82 (Variation of conditions of mining claim). . . . 18 28 Amendment of s 93 (Renewal of mining claim) . . . . . . . . . . . . . . 18 29 Amendment of s 95 (Rental payable on mining claim) . . . . . . . . . 18 30 Amendment of s 106 (Contravention by holder of mining claim) . 20 31 Amendment of s 133A (Minister may request other information) . 20 32 Amendment of s 137 (Grant of exploration permit) . . . . . . . . . . . 21 33 Amendment of s 138 (Rental payable on exploration permit). . . . 22 34 Amendment of s 141 (Conditions of exploration permit) . . . . . . . 22 35 Amendment of s 141C (Application to vary conditions of existing permit) .................................. 22 36 Amendment of s 147AA (Minister may request other information) 23 37 Amendment of s 147A (Decision on application) . . . . . . . . . . . . . 23 38 Replacement of s 147C (Continuation of permit while application being dealt with) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 147C Continuation of permit while application being dealt with ................................ 24 39 Amendment of s 151 (Assignment of exploration permit). . . . . . . 25 40 Amendment of s 183 (Application for mineral development licence) ...................................... 25 41 Insertion of new s 183A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 183A Minister may request information . . . . . . . . . . . . . . . . 27 42 Replacement of s 186 (Minister may grant or reject application for mineral development licence) . . . . . . . . . . . . . . . . 27 186 Minister may grant or refuse application. . . . . . . . . . . 27 43 Amendment of s 193 (Rental payable on mineral development licence) ........................................ 29 Page 2
Mines and Energy Legislation Amendment Bill 2008 Contents 44 Amendment of s 194 (Conditions of mineral development licence) ..................................... 31 45 Amendment of s 194AC (Application to vary conditions of existing licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 46 Amendment of s 197 (Application for renewal of mineral development licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 47 Insertion of new s 197AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 197AA Minister may request information . . . . . . . . . . . . . . . . 33 48 Amendment of s 197A (Decision on application) . . . . . . . . . . . . . 33 49 Replacement of s 197C (Continuation of licence while application being dealt with) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 197C Continuation of licence while application being dealt with ............................ 34 50 Amendment of s 198 (Assignment or mortgage of mineral development licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 51 Amendment of s 208 (Adding other minerals to licence) . . . . . . . 36 52 Amendment of s 209 (Contravention by holder of mineral development licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 53 Amendment of s 231 (Variation of access to mineral development licence land) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 54 Amendment of s 231E (Minister may grant or reject application for mineral development licence (186)) . . . . . . . . . . . . . . . . . . . . 37 55 Amendment of s 231G (Conditions of mineral development licence (194)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 56 Amendment of s 231H (Renewal of licence (197A)) . . . . . . . . . . 38 57 Amendment of s 234 (Governor in Council may grant mining lease) ....................................... 39 58 Insertion of new s 245A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 245A Mining registrar may request information . . . . . . . . . . 39 59 Amendment of s 276 (General conditions of mining lease) . . . . . 39 60 Amendment of s 286AA (Mining registrar may request other information) ...................................... 39 61 Amendment of s 286A (Decision on application) . . . . . . . . . . . . . 39 62 Amendment of s 290 (Rental payable on mining lease) . . . . . . . . 40 63 Amendment of s 294 (Variation of conditions of mining lease) . . 42 64 Amendment of s 298 (Mining other minerals or use for other purposes) ...................................... 42 65 Amendment of s 300 (Assignment, mortgage or sublease of mining lease) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 66 Amendment of s 308 (Contravention by holder of mining lease) . 43 Page 3
Mines and Energy Legislation Amendment Bill 2008 Contents 67 Amendment of s 317 (Variation of access to mining lease land) . 43 68 Amendment of s 318AAH (General conditions of mining lease (276)) ........................................ 44 69 Amendment of s 318CN (Use that may be made under mining lease of incidental coal seam gas) . . . . . . . . . . . . . . . . . . . . . . . . 44 70 Amendment of section 318CO (Restriction on flaring or venting of incidental coal seam gas) . . . . . . . . . . . . . . . . . . . . . . 45 71 Insertion of new pt 7AAB . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 Part 7AAB Provisions for McFarlane oil shale deposit Division 1 Preliminary 318ELAA Application of pt 7AAB . . . . . . . . . . . . . . . . . . . . . . . . 46 318ELAB What is an oil shale mining tenement. . . . . . . . . . . . . 47 318ELAC Relationship with other provisions of this Act . . . . . . . 47 Division 2 Moratorium provisions 318ELAD Prohibition on granting oil shale mining tenements . . 47 318ELAE Suspension of oil shale activities . . . . . . . . . . . . . . . . 47 318ELAF Access rights for particular activities . . . . . . . . . . . . . 48 318ELAG Ministerial power to suspend rental obligation . . . . . . 49 318ELAH Suspension or waiver of reporting obligations . . . . . . 50 318ELAI Suspension or waiver of performance requirements . 50 318ELAJ Assignments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 318ELAK Renewals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 318ELAL Rights and obligations under other Acts not affected . 51 72 Insertion of new pt 10AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 Part 10AA Collingwood Park State guarantee 381A Definitions for pt 10AA . . . . . . . . . . . . . . . . . . . . . . . . 52 381B What is the Collingwood Park State guarantee . . . . . 52 381C Registering guarantee in freehold land register . . . . . 53 381D Removing guarantee from registrar's records . . . . . . 53 381E No fee payable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 73 Amendment of s 391 (Restriction on grants etc.) . . . . . . . . . . . . . 54 74 Amendment of s 404C (Information requirements for holders of mining tenements) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 75 Insertion of new pt 19, div 1AA. . . . . . . . . . . . . . . . . . . . . . . . . . . 55 Division 1AA Transitional provisions for Act No. 10 of 1998 Subdivision 1 Preliminary 722H Definitions for div 1AA . . . . . . . . . . . . . . . . . . . . . . . . 55 Page 4
Mines and Energy Legislation Amendment Bill 2008 Contents 722I Relationship with special agreement Acts and repealed transitional schedule . . . . . . . . . . . . . . . . . . 56 Subdivision 2 Continuance of repealed transitional schedule 722J Schedule continues in effect. . . . . . . . . . . . . . . . . . . . 56 Subdivision 3 Provisions for special agreement Act leases 722K Purpose of sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 722L Future renewals only under this Act . . . . . . . . . . . . . . 57 722M Status on renewal. . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 722N Leases renewed under special agreement Act . . . . . 57 76 Amendment of s 741 (Unfinished special coal mining lease applications) ..................................... 58 77 Insertion of new pt 19, div 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 Division 11 Transitional provision for Mines and Energy Legislation Amendment Act 2008 Subdivision 1 Provisions for amendments to due dates and reminder dates 768 Application of div 11 . . . . . . . . . . . . . . . . . . . . . . . . . . 58 769 Transitional provision for rental. . . . . . . . . . . . . . . . . . 59 770 Transitional provision for contravention provisions . . . 59 Subdivision 2 Provision for special agreement Acts 771 Application of this Act to payment of rent for special agreement Act leases. . . . . . . . . . . . . . . . . . . . . . . . . 60 78 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 61 Part 6 Amendment of Mining and Quarrying Safety and Health Act 1999 79 Act amended in pt 6 and schedule . . . . . . . . . . . . . . . . . . . . . . . . 62 80 Amendment of s 259 (Notices about industry statistics or information) .................................... 62 Part 7 Amendment of Petroleum Act 1923 81 Act amended in pt 7 and schedule . . . . . . . . . . . . . . . . . . . . . . . . 62 82 Amendment of s 2 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 62 83 Amendment of s 7AA (Qualification of 1923 Act petroleum tenure holders) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 84 Omission of s 19 (Variation of authority to prospect) . . . . . . . . . . 63 85 Amendment of s 75Q (Transfer of water observation bore or water supply bore to landowner) . . . . . . . . . . . . . . . . . . . . . . . . . 63 86 Amendment of s 76B (Requirement to lodge records and samples) ................................... 63 87 Amendment of s 80B (Keeping of register) . . . . . . . . . . . . . . . . . 64 Page 5
Mines and Energy Legislation Amendment Bill 2008 Contents 88 Amendment of s 80E (What is a permitted dealing). . . . . . . . . . . 64 89 Amendment of s 80J (Deciding application). . . . . . . . . . . . . . . . . 65 90 Amendment of s 80K (Criteria for decision) . . . . . . . . . . . . . . . . . 66 91 Insertion of new pt 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 Part 12 Transitional provision for Mines and Energy Legislation Amendment Act 2008 185 Provision for repeal of section 19 . . . . . . . . . . . . . . . . 67 Part 8 Amendment of Petroleum and Gas (Production and Safety) Act 2004 92 Act amended in pt 8 and schedule . . . . . . . . . . . . . . . . . . . . . . . . 68 93 Insertion of new s 30A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 30A Joint holders of a petroleum authority . . . . . . . . . . . . 68 94 Amendment of s 236 (Ministerial approval of proposed coordination arrangement) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 95 Amendment of s 288 (Transfer of water observation bore or water supply bore to landowner) . . . . . . . . . . . . . . . . . . . . . . . . . 69 96 Amendment of s 419A (Notice to chief inspector before construction starts). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 97 Amendment of s 548 (Requirement to lodge records and samples) ..................................... 69 98 Amendment of s 565 (Keeping of register). . . . . . . . . . . . . . . . . . 70 99 Amendment of s 568 (What is a permitted dealing) . . . . . . . . . . . 70 100 Amendment of s 573 (Deciding application). . . . . . . . . . . . . . . . . 71 101 Amendment of s 574 (Criteria for decision) . . . . . . . . . . . . . . . . . 72 102 Amendment of s 590 (Imposition of petroleum royalty on petroleum producers) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 103 Replacement of ch 9, pt 1, hdg (Safety requirements) . . . . . . . . . 73 104 Insertion of new s 669A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 669A Labelling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 105 Amendment of s 726 (Gas devices (type A)) . . . . . . . . . . . . . . . . 74 106 Amendment of s 727 (Gas devices (type B)) . . . . . . . . . . . . . . . . 74 107 Amendment of s 733 (Certification of gas device or gas fitting) . . 74 108 Amendment of s 734 (Safety obligations of gas system installer) 75 109 Insertion of new s 734A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 734A Safety obligations of gas system installer. . . . . . . . . . 76 110 Amendment of s 844 (Amending applications). . . . . . . . . . . . . . . 77 111 Amendment of s 877 (Exclusion from area of land in area of coal mining lease or oil shale mining lease) . . . . . . . . . . . . . . . . . 77 Page 6
Mines and Energy Legislation Amendment Bill 2008 Contents 112 Insertion of new ch 15, pt 3, div 5, sdiv 3 . . . . . . . . . . . . . . . . . . . 78 Subdivision 3 Conversion provision inserted under Mines and Energy Legislation Amendment Act 2008 for PL 200 901A Application of sdivs 1 and 2 . . . . . . . . . . . . . . . . . . . . 78 113 Amendment of s 903 (Applications for CSG-related 1923 Act ATPs) ....................................... 78 114 Insertion of new ch 15, pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 Part 8 Transitional provision for Mines and Energy Legislation Amendment Act 2008 942 Provision for amendment of s 877 . . . . . . . . . . . . . . . 79 115 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 79 Schedule Minor amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 Coal Mining Safety and Health Act 1999 . . . . . . . . . . . . . . . . . . . 80 Mineral Resources Act 1989 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 Mining and Quarrying Safety and Health Act 1999 . . . . . . . . . . . 81 Petroleum Act 1923 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 Petroleum and Gas (Production and Safety) Act 2004. . . . . . . . . 82 Page 7
2008 A Bill for An Act to amend the Coal Mining Safety and Health Act 1999, Electricity Act 1994, Energy Ombudsman Act 2006, Mineral Resources Act 1989, Mining and Quarrying Safety and Health Act 1999, Petroleum Act 1923 and the Petroleum and Gas (Production and Safety) Act 2004 for particular purposes
Mines and Energy Legislation Amendment Bill 2008 Part 1 Preliminary [s 1] The Parliament of Queensland enacts-- 1 Part 1 Preliminary 2 Clause 1 Short title 3 This Act may be cited as the Mines and Energy Legislation 4 Amendment Act 2008. 5 Clause 2 Commencement 6 Sections 108 and 109 commence on a day to be fixed by 7 proclamation. 8 Part 2 Amendment of Coal Mining 9 Safety and Health Act 1999 10 Clause 3 Act amended in pt 2 and schedule 11 This part and the schedule amend the Coal Mining Safety and 12 Health Act 1999. 13 Clause 4 Amendment of s 279 (Notices about coal industry 14 statistics or information) 15 (1) Section 279(3), penalty, `for subsection (3)'-- 16 omit. 17 (2) Section 279-- 18 insert-- 19 `(4) The chief executive may-- 20 Page 10
Mines and Energy Legislation Amendment Bill 2008 Part 3 Amendment of Electricity Act 1994 [s 5] (a) use the information to produce statistics and other data; 1 and 2 (b) publish the statistics and other data produced under 3 paragraph (a).'. 4 Part 3 Amendment of Electricity Act 5 1994 6 Clause 5 Act amended in pt 3 7 This part amends the Electricity Act 1994. 8 Clause 6 Amendment of s 23 (Customers and their types) 9 Section 23-- 10 insert-- 11 `(11) A street lighting customer, for premises, is a customer for the 12 premises in the following circumstances-- 13 (a) the premises are street lighting; 14 (b) the customer is the State or a local government. 15 `(12) In this section-- 16 street lighting includes a system of street lighting.'. 17 Clause 7 Amendment of s 40DF (Provisions for large customers) 18 (1) Section 40DF, heading, after `large customers'-- 19 insert-- 20 `and street lighting customers'. 21 (2) Section 40DF(1), `a large customer's premises'-- 22 omit, insert-- 23 Page 11
Mines and Energy Legislation Amendment Bill 2008 Part 3 Amendment of Electricity Act 1994 [s 8] `the premises of a large customer or a street lighting 1 customer'. 2 Clause 8 Amendment of s 48D (When area retail entity must 3 provide the services to an applicant) 4 (1) Section 48D(1)(c), after `large market customer'-- 5 insert-- 6 `or street lighting market customer'. 7 (2) Section 48D(2)(b), after `large customer'-- 8 insert-- 9 `or street lighting customer'. 10 (3) Section 48D(4)-- 11 insert-- 12 `street lighting market customer, for premises, means a street 13 lighting customer for the premises who is also a market 14 customer for the premises.'. 15 Clause 9 Amendment of s 49 (Retail contract types) 16 Section 49(4), after `a large customer'-- 17 insert-- 18 `or street lighting customer'. 19 Clause 10 Amendment of s 51 (Retail contract with financially 20 responsible retail entity) 21 Section 51(3), after `a large customer'-- 22 insert-- 23 `or street lighting customer'. 24 Page 12
Mines and Energy Legislation Amendment Bill 2008 Part 3 Amendment of Electricity Act 1994 [s 11] Clause 11 Amendment of s 53 (Making or amending terms of 1 standard large customer retail contract) 2 (1) Section 53, heading, after `large customer'-- 3 insert-- 4 `or street lighting customer'. 5 (2) Section 53(2)(c), after `large customers'-- 6 insert-- 7 `and street lighting customers'. 8 (3) Section 53(4), `large customer of the'-- 9 omit, insert-- 10 `large customer or street lighting customer of the'. 11 Clause 12 Amendment of s 54 (Required and permitted terms of 12 standard large customer retail contract) 13 (1) Section 53, heading, after `large customer'-- 14 insert-- 15 `or street lighting customer'. 16 (2) Section 54(2)(a), note-- 17 omit. 18 (3) Section 54(2)(a), (4) and (6), `large'-- 19 omit. 20 Clause 13 Amendment of s 135AA (How main purposes are 21 achieved) 22 Section 135AA(3)(c)-- 23 omit, insert-- 24 `(c) liable persons must surrender to the regulator a 25 particular percentage of the electricity sold or used by 26 them for each year from 2008 to 2019; and 27 Page 13
Mines and Energy Legislation Amendment Bill 2008 Part 4 Amendment of Energy Ombudsman Act 2006 [s 14] Note-- 1 For the percentage, see section 135ELA.'. 2 Clause 14 Amendment of s 214 (Who may apply for review etc.) 3 Section 214(1)(a), after `customer'-- 4 insert-- 5 `or street lighting customer'. 6 Clause 15 Amendment of sch 1 (Appeals against administrative 7 decisions) 8 Schedule 1, part 3, entry for sections 40A to 40D and entry for 9 sections 48E to 48I, after `large customer'-- 10 insert-- 11 `or a street lighting customer'. 12 Clause 16 Amendment of sch 5 (Dictionary) 13 Schedule 5-- 14 insert-- 15 `street lighting customer see section 23(11).'. 16 Part 4 Amendment of Energy 17 Ombudsman Act 2006 18 Clause 17 Act amended in pt 4 19 This part amends the Energy Ombudsman Act 2006. 20 Clause 18 Amendment of s 6 (Who is a small customer) 21 (1) Section 6(2), after `the term'-- 22 Page 14
Mines and Energy Legislation Amendment Bill 2008 Part 5 Amendment of Mineral Resources Act 1989 [s 19] insert-- 1 `small customer'. 2 (2) Section 6(2)-- 3 renumber as section 6(3). 4 (3) Section 6-- 5 insert-- 6 `(2) However, a street lighting customer for premises, as defined 7 under the Electricity Act 1994, section 23(11), is not a small 8 customer for the premises.'. 9 Part 5 Amendment of Mineral 10 Resources Act 1989 11 Clause 19 Act amended in pt 5 and schedule 12 This part and the schedule amend the Mineral Resources Act 13 1989. 14 Clause 20 Insertion of new s 10AA 15 After section 10-- 16 insert-- 17 `10AA Joint holders of mining tenement 18 `(1) A mining tenement may be held by 2 or more persons as joint 19 tenants or as tenants in common. 20 `(2) If, under this Act-- 21 (a) an application is made for, or for approval to assign, a 22 mining tenement for more than 1 proposed holder or 23 assignee; and 24 Page 15
Mines and Energy Legislation Amendment Bill 2008 Part 5 Amendment of Mineral Resources Act 1989 [s 21] (b) the application does not show whether the proposed 1 holders or assignees are to hold as joint tenants or as 2 tenants in common; and 3 (c) the application is granted; 4 the chief executive or a mining registrar must record in the 5 appropriate register that the holders or assignees hold the 6 mining tenement as tenants in common. 7 `(3) In this section-- 8 mining tenement includes an interest in a mining tenement.'. 9 Clause 21 Amendment of s 24 (Grant of prospecting permit) 10 Section 24-- 11 insert-- 12 `(4) Without limiting subsection (1) or (2), a mining registrar may 13 refuse to grant a prospecting permit if the mining registrar 14 considers the grant is not in the public interest.'. 15 Clause 22 Amendment of s 25 (Conditions of prospecting permit) 16 Section 25-- 17 insert-- 18 `(3A) Without limiting subsection (2) and despite subsection (3), a 19 mining registrar may impose a condition on a prospecting 20 permit if the mining registrar considers the condition is in the 21 public interest.'. 22 Clause 23 Amendment of s 36 (Cancellation of prospecting permit) 23 (1) Section 36(2)-- 24 renumber as section 36(3). 25 (2) Section 36-- 26 insert-- 27 Page 16
Mines and Energy Legislation Amendment Bill 2008 Part 5 Amendment of Mineral Resources Act 1989 [s 24] `(2) Without limiting subsection (1), a mining registrar may cancel 1 a prospecting permit if the mining registrar considers the 2 cancellation is in the public interest.'. 3 Clause 24 Amendment of s 74 (Grant of mining claim to which no 4 objection is lodged) 5 (1) Section 74(3) to (5)-- 6 renumber as section 74(4) to (6). 7 (2) Section 74-- 8 insert-- 9 `(3) Without limiting subsection (2), the mining registrar may 10 refuse to grant the mining claim if the mining registrar 11 considers the grant is not in the public interest.'. 12 Clause 25 Amendment of s 78 (Land Court's determination on 13 hearing) 14 Section 78(2)(d), `public right and interest'-- 15 omit, insert-- 16 `public interest'. 17 Clause 26 Amendment of s 81 (Conditions of mining claim) 18 (1) Section 81, after subsection (1)-- 19 insert-- 20 `(1AA) Without limiting subsection (1), a mining registrar may 21 impose a condition on a mining claim if the mining registrar 22 considers the condition is in the public interest.'. 23 (2) Section 81(3), `subsections (1), (1A) and (2)'-- 24 omit, insert-- 25 `subsections (1) to (2)'. 26 Page 17
Mines and Energy Legislation Amendment Bill 2008 Part 5 Amendment of Mineral Resources Act 1989 [s 27] Clause 27 Amendment of s 82 (Variation of conditions of mining 1 claim) 2 (1) Section 82(3) to (5)-- 3 renumber as section 83(4) to (6). 4 (2) Section 82-- 5 insert-- 6 `(3) Without limiting subsection (1), a mining registrar may refuse 7 to vary a condition of a mining claim if the mining registrar 8 considers the variation is not in the public interest.'. 9 Clause 28 Amendment of s 93 (Renewal of mining claim) 10 (1) Section 93(4) to (9)-- 11 renumber as section 93(6) to (9). 12 (2) Section 93-- 13 insert-- 14 `(4) Despite subsection (3), the mining registrar may refuse the 15 renewal if the mining registrar considers the renewal is not in 16 the public interest. 17 `(5) Without limiting subsection (3), the mining registrar may 18 determine a condition of the renewed licence if the mining 19 registrar considers the condition is in the public interest.'. 20 Clause 29 Amendment of s 95 (Rental payable on mining claim) 21 (1) Section 95(1), `31 December'-- 22 omit, insert-- 23 `31 August'. 24 (2) Section 95(2), `yearly rental'-- 25 omit, insert-- 26 `rental payable for a rental year'. 27 (3) Section 95(2), `for the year'-- 28 Page 18
Mines and Energy Legislation Amendment Bill 2008 Part 5 Amendment of Mineral Resources Act 1989 [s 29] omit, insert-- 1 `for the rental year'. 2 (4) Section 95(3), `each year'-- 3 omit, insert-- 4 `each rental year'. 5 (5) Section 95(3), `year's'-- 6 omit, insert-- 7 `rental year's'. 8 (6) Section 95(3), `31 December of the previous year'-- 9 omit, insert-- 10 `31 August of the previous rental year'. 11 (7) Section 95(4), `year's rental'-- 12 omit, insert-- 13 `rental payable for a rental year'. 14 (8) Section 95(4), from `amount prescribed'-- 15 omit, insert-- 16 `amount prescribed under a regulation for that rental year.'. 17 (9) Section 95(5), after `If'-- 18 insert-- 19 `, for a particular rental year,'. 20 (10) Section 95(5)(a), `31 January of that year'-- 21 omit, insert-- 22 `30 September of that rental year'. 23 (11) Section 95(5)(b), `year's rental'-- 24 omit, insert-- 25 `rental payable for the rental year'. 26 (12) Section 95(5)(b), `1 April of that year'-- 27 Page 19
Mines and Energy Legislation Amendment Bill 2008 Part 5 Amendment of Mineral Resources Act 1989 [s 30] omit, insert-- 1 `1 December of that rental year'. 2 (13) Section 95(5)(b), from `prescribed in respect of' to `falls'-- 3 omit, insert-- 4 `prescribed under a regulation for that rental year'. 5 (14) Section 95(6), `1 January'-- 6 omit, insert-- 7 `1 September'. 8 (15) Section 95(7), `year'-- 9 omit, insert-- 10 `rental year'. 11 (16) Section 95(7), `31 December'-- 12 omit, insert-- 13 `31 August'. 14 Clause 30 Amendment of s 106 (Contravention by holder of mining 15 claim) 16 (1) Section 106(2)(a), `year'-- 17 omit, insert-- 18 `rental year'. 19 (2) Section 106(2)(a), `1 April'-- 20 omit, insert-- 21 `1 December'. 22 Clause 31 Amendment of s 133A (Minister may request other 23 information) 24 Section 133A, `other'-- 25 omit. 26 Page 20
Mines and Energy Legislation Amendment Bill 2008 Part 5 Amendment of Mineral Resources Act 1989 [s 32] Clause 32 Amendment of s 137 (Grant of exploration permit) 1 (1) Section 137-- 2 insert-- 3 `(1A) Without limiting subsection (1), the Minister may refuse to 4 grant an exploration permit if the Minister considers the grant 5 is not in the public interest.'. 6 (2) Section 137(3)-- 7 omit, insert-- 8 `(3) The Minister must not grant an exploration permit unless-- 9 (a) the applicant has paid rental for the first year of the term 10 of the permit under section 138; and 11 (b) the Minister has approved the program of work that, 12 under section 133(1)(g)(i), accompanied the application. 13 Note-- 14 Under section 144, an exploration permit can not be granted until the 15 applicant has deposited security decided under that section.'. 16 (3) Section 137-- 17 insert-- 18 `(3B) Without limiting subsection (3A), the Minister may refuse to 19 approve the program of work if the Minister considers the 20 program is not in the public interest.'. 21 (4) Section 137(5A)-- 22 omit, insert-- 23 `(5A) The Minister must refuse an exploration permit for land if all 24 or any part of the land is-- 25 (a) in a fossicking area; or 26 (b) subject to an exploration permit for the same mineral. 27 `(5B) However subsection (5A)(a) does not apply if the application 28 was made but not decided before the land became a fossicking 29 area.'. 30 Page 21
Mines and Energy Legislation Amendment Bill 2008 Part 5 Amendment of Mineral Resources Act 1989 [s 33] Clause 33 Amendment of s 138 (Rental payable on exploration 1 permit) 2 Section 138(1)-- 3 omit, insert-- 4 `(1) Rental for the first year of the term of an exploration permit 5 (its first rental period) is payable before the granting of the 6 permit under section 137 (the original permit).'. 7 Clause 34 Amendment of s 141 (Conditions of exploration permit) 8 (1) Section 141(2) and (3)-- 9 omit. 10 (2) Section 141(1A)-- 11 renumber as section 141(3). 12 (3) Section 141-- 13 insert-- 14 `(2) Without limiting subsection (1), the Minister may determine a 15 condition of an exploration permit if the Minister considers 16 the condition is in the public interest.'. 17 (4) Section 141(6), `subsections (1), (1A), (2) and (5)'-- 18 omit, insert-- 19 `subsections (1), (2), (3) and (5)'. 20 Clause 35 Amendment of s 141C (Application to vary conditions of 21 existing permit) 22 (1) Section 141C(4)-- 23 renumber as section 141C(5). 24 (2) Section 141C-- 25 insert-- 26 Page 22
Mines and Energy Legislation Amendment Bill 2008 Part 5 Amendment of Mineral Resources Act 1989 [s 36] `(4) Without limiting subsection (3), the Minister may refuse to 1 make a variation mentioned in subsection (3)(a) if the 2 Minister considers the variation is not in the public interest. 3 `(6) The chief executive must, within 5 business days after making 4 a variation under subsection (3), give the EPA administering 5 authority written notice of the variation.'. 6 Clause 36 Amendment of s 147AA (Minister may request other 7 information) 8 Section 147AA, `other'-- 9 omit. 10 Clause 37 Amendment of s 147A (Decision on application) 11 (1) Section 147A(1)(d)-- 12 omit. 13 (2) Section 147A(4) and (5)-- 14 renumber as section 147A(5) and (7) respectively. 15 (3) Section 147A-- 16 insert-- 17 `(4) Without limiting subsection (3), the Minister may decide a 18 condition of the renewed permit if the Minister considers the 19 condition is in the public interest. 20 `(6) Without limiting subsection (5)(b), the Minister may refuse 21 the renewal if the Minister considers the renewal is not in the 22 public interest.'. 23 Clause 38 Replacement of s 147C (Continuation of permit while 24 application being dealt with) 25 Section 147C-- 26 omit, insert-- 27 Page 23
Mines and Energy Legislation Amendment Bill 2008 Part 5 Amendment of Mineral Resources Act 1989 [s 38] `147C Continuation of permit while application being dealt 1 with 2 `(1) This section applies to an application for renewal of an 3 exploration permit if-- 4 (a) the application is not withdrawn, refused or granted 5 before the permit's expiry day ends; and 6 (b) after the expiry day, the holder-- 7 (i) continues to pay rental on the permit and other 8 amounts required to be paid under this Act; and 9 (ii) otherwise complies with this Act and the permit 10 conditions. 11 `(2) If the application is a properly made application, the permit 12 continues in force subject to the rights, entitlements and 13 obligations in effect immediately before the end of the expiry 14 day until the application is withdrawn, refused or granted. 15 `(3) If the application is an outstanding request application, the 16 permit continues in force subject to the rights, entitlements 17 and obligations in effect immediately before the end of the 18 expiry day until either of the following days, whichever 19 happens first-- 20 (a) the application is withdrawn; 21 (b) the period in which the information that must be given 22 under section 147AA(2) ends. 23 `(4) In this section-- 24 outstanding request application, for renewal of an 25 exploration permit, means an application-- 26 (a) that complies with section 147(2)(a) and (b), but does 27 not comply with all or part of section 147(2)(c); and 28 (b) for which-- 29 (i) the Minister has requested information, under 30 section 147AA; and 31 Page 24
Mines and Energy Legislation Amendment Bill 2008 Part 5 Amendment of Mineral Resources Act 1989 [s 39] (ii) the period to give the information to the Minister 1 under section 147AA(2) ends after the permit's 2 expiry day; and 3 (iii) the information has not been given to the Minister. 4 properly made application, for renewal of an exploration 5 permit, means an application that complies with all of section 6 147(2).'. 7 Clause 39 Amendment of s 151 (Assignment of exploration permit) 8 (1) Section 151-- 9 insert-- 10 `(4A) The Minister must not approve the assignment unless the 11 Minister is satisfied the assignee has the human, technical and 12 financial resources to comply with the conditions of the 13 exploration permit under section 141.'. 14 (2) Section 151(6), from `complied with'-- 15 omit, insert-- 16 `complied with if-- 17 (a) the holder has made an application for approval of the 18 assignment in the approved form; and 19 (b) the application is accompanied by-- 20 (i) a signed statement by the proposed assignee 21 agreeing to the conditions of the exploration 22 permit; and 23 (ii) the fee prescribed under a regulation; and 24 (c) the Minister is satisfied the Minister would have 25 approved the exercise of the power if the subsections 26 had been complied with.'. 27 Clause 40 Amendment of s 183 (Application for mineral 28 development licence) 29 (1) Section 183(1)(m)-- 30 Page 25
Mines and Energy Legislation Amendment Bill 2008 Part 5 Amendment of Mineral Resources Act 1989 [s 40] omit, insert-- 1 `(m) be accompanied by a statement-- 2 (i) giving a detailed description and technical 3 particulars of the mineral occurrence for which the 4 mineral development licence is sought together 5 with any necessary supporting documents; and 6 (ii) stating any activities proposed to be carried out 7 under the mineral development licence, including, 8 for example, work programs, amounts to be spent 9 and studies to be performed; and 10 (iii) stating the estimated human, technical and 11 financial resources proposed to be committed to 12 authorised activities for the mineral development 13 licence during each year of the licence, if granted; 14 and 15 (n) be accompanied by-- 16 (i) a statement, separate from the statement mentioned 17 in paragraph (m), detailing the applicant's financial 18 and technical resources; and 19 (ii) proof of the applicant's identity; and 20 (iii) the application fee prescribed under a regulation.'. 21 (2) Section 183(2) and (3)-- 22 renumber as section 183(3) and (4). 23 (3) Section 183-- 24 insert-- 25 `(2) Only an eligible person may apply for a mineral development 26 licence.'. 27 (4) Section 183(4), as renumbered, `Subsection (2)'-- 28 omit, insert-- 29 `Subsection (3)'. 30 Page 26
Mines and Energy Legislation Amendment Bill 2008 Part 5 Amendment of Mineral Resources Act 1989 [s 41] Clause 41 Insertion of new s 183A 1 After section 183-- 2 insert-- 3 `183A Minister may request information 4 `(1) The Minister may give an applicant for a mineral development 5 licence a notice requiring the applicant to give the Minister 6 information the Minister reasonably requires to assess the 7 application. 8 `(2) If the information is not given to the Minister within the 9 reasonable period stated in the notice, the Minister may refuse 10 the application.'. 11 Clause 42 Replacement of s 186 (Minister may grant or reject 12 application for mineral development licence) 13 Section 186-- 14 omit, insert-- 15 `186 Minister may grant or refuse application 16 `(1) The Minister may-- 17 (a) grant a mineral development licence, with or without 18 conditions, for all or part of the land the subject of an 19 application (the relevant land) for the licence; or 20 (b) refuse the application. 21 `(2) Without limiting subsection (1), the Minister may refuse to 22 grant a mineral development licence if the Minister considers 23 the grant is not in the public interest. 24 `(3) The Minister may grant the mineral development licence only 25 if-- 26 (a) the Minister is satisfied-- 27 (i) the requirements of this Act have been complied 28 with; and 29 (ii) the applicant is an eligible person; and 30 Page 27
Mines and Energy Legislation Amendment Bill 2008 Part 5 Amendment of Mineral Resources Act 1989 [s 42] (iii) the applicant has paid rental for the first year of the 1 term of the licence under section 193(1); and 2 (b) the Minister has approved the statements that, under 3 section 183(1), accompanied the application. 4 Note-- 5 Under section 190, a mineral development licence can not be granted 6 until the applicant has deposited security decided under that section. 7 `(4) The Minister must refuse to grant a mineral development 8 licence for land if any part of the land is-- 9 (a) in a fossicking area; or 10 (b) subject to a mineral development licence for the same 11 mineral. 12 `(5) However, subsection (4)(a) does not apply if the application 13 was made but not decided before the land became a fossicking 14 area. 15 `(6) In deciding whether to approve the statements mentioned in 16 subsection (3)(b), the Minister must have regard to-- 17 (a) whether there exists to a high degree of definition on or 18 in the land a significant mineral occurrence of possible 19 economic potential; and 20 (b) whether the area of land applied for is appropriate to 21 further investigation of that occurrence; and 22 (c) whether the applicant has the financial and technical 23 capability to comply with the conditions of the mineral 24 development licence under section 194. 25 `(7) If a mineral development licence is only granted for part of 26 the relevant land-- 27 (a) the application is taken to be refused for the rest of the 28 relevant land; and 29 (b) the Minister must give the applicant written notice of the 30 reasons for the refusal. 31 `(8) The chief executive must, within 5 business days after 32 granting a mineral development licence or refusing an 33 Page 28
Mines and Energy Legislation Amendment Bill 2008 Part 5 Amendment of Mineral Resources Act 1989 [s 43] application under this section, give the EPA administering 1 authority written notice of the grant or refusal. 2 `(9) If the Minister refuses the mineral development licence the 3 Minister may decide whether all or part of the application fee 4 that accompanied the application will be retained.'. 5 Clause 43 Amendment of s 193 (Rental payable on mineral 6 development licence) 7 (1) Section 193(1)-- 8 omit, insert-- 9 `(1) Rental for the first year of the term of a mineral development 10 licence (its first rental period) is payable before the granting 11 of the licence under section 186.'. 12 (2) Section 193(2), `yearly rental'-- 13 omit, insert-- 14 `rental payable for a rental year'. 15 (3) Section 193(2), `for the year'-- 16 omit, insert-- 17 `for the rental year'. 18 (4) Section 193(3), `each year'-- 19 omit, insert-- 20 `each rental year'. 21 (5) Section 193(3), `year's'-- 22 omit, insert-- 23 `rental year's'. 24 (6) Section 193(3), `31 December of the previous year'-- 25 omit, insert-- 26 `31 August of the previous rental year'. 27 (7) Section 193(4), `year's rental'-- 28 Page 29
Mines and Energy Legislation Amendment Bill 2008 Part 5 Amendment of Mineral Resources Act 1989 [s 43] omit, insert-- 1 `rental payable for a rental year'. 2 (8) Section 193(4), from `amount prescribed'-- 3 omit, insert-- 4 `amount prescribed under a regulation for that rental year.'. 5 (9) Section 193(5), after `If'-- 6 insert-- 7 `, for a particular rental year,'. 8 (10) Section 193(5)(a), `31 January of that year'-- 9 omit, insert-- 10 `30 September of that rental year'. 11 (11) Section 193(5)(b), `year's rental'-- 12 omit, insert-- 13 `rental payable for the rental year'. 14 (12) Section 193(5)(b), `1 April of that year'-- 15 omit, insert-- 16 `1 December of that rental year'. 17 (13) Section 193(5)(b), from `prescribed in respect of' to `falls'-- 18 omit, insert-- 19 `prescribed under a regulation for that rental year'. 20 (14) Section 193(6), `1 January'-- 21 omit, insert-- 22 `1 September'. 23 (15) Section 193(7), `year'-- 24 omit, insert-- 25 `rental year'. 26 (16) Section 193(7), `31 December'-- 27 Page 30
Mines and Energy Legislation Amendment Bill 2008 Part 5 Amendment of Mineral Resources Act 1989 [s 44] omit, insert-- 1 `31 August'. 2 Clause 44 Amendment of s 194 (Conditions of mineral development 3 licence) 4 (1) Section 194(1)(f)-- 5 omit, insert-- 6 `(f) a condition that the holder must give the following 7 reports to the Minister, in the way and containing the 8 information prescribed under a regulation-- 9 (i) a report for each year of the term of the mineral 10 development licence, given within 1 month after 11 each day that is an anniversary of the day the 12 mineral development licence takes effect; 13 (ii) a report about a reduction in the area of the mineral 14 development licence, given within 2 months after 15 the reduction takes effect; 16 (iii) a report summarising the results of activities 17 carried out under the mineral development licence 18 during all of its term, given within 2 months after 19 the mineral development licence ends; and 20 `(fa) a condition that the holder must, when and in the way 21 the Minister requires, give to the Minister-- 22 (i) a report about the mineral development licence, 23 that is in addition to any report mentioned in 24 paragraph (f); and 25 (ii) materials obtained because of the holder's 26 activities under the mineral development licence; 27 and'. 28 (2) Section 194(2) and (3)-- 29 omit. 30 (3) Section 194(1A)-- 31 renumber as section 194(3). 32 Page 31
Mines and Energy Legislation Amendment Bill 2008 Part 5 Amendment of Mineral Resources Act 1989 [s 45] (4) Section 194-- 1 insert-- 2 `(2) Without limiting subsection (1), the Minister may determine a 3 condition of a mineral development licence if the Minister 4 considers the condition is in the public interest.'. 5 (5) Section 194(6), `subsections (1), (1A), (2) and (5)'-- 6 omit, insert-- 7 `subsections (1), (2), (3) and (5)'. 8 Clause 45 Amendment of s 194AC (Application to vary conditions of 9 existing licence) 10 (1) Section 194AC(4)-- 11 renumber as section 194AC(5). 12 (2) Section 194AC-- 13 insert-- 14 `(4) Without limiting subsection (3), the Minister may refuse to 15 make a variation mentioned in subsection (3)(a) if the 16 Minister considers the variation is not in the public interest. 17 `(6) The chief executive must, within 5 business days after making 18 a variation under subsection (3), give the EPA administering 19 authority written notice of the variation.'. 20 Clause 46 Amendment of s 197 (Application for renewal of mineral 21 development licence) 22 Section 197(2)-- 23 omit, insert-- 24 `(2) The application must be-- 25 (a) made in the approved form; and 26 (b) accompanied by the fee prescribed under a regulation; 27 and 28 (c) accompanied by a statement-- 29 Page 32
Mines and Energy Legislation Amendment Bill 2008 Part 5 Amendment of Mineral Resources Act 1989 [s 47] (i) describing the program of work proposed to be 1 carried out under the authority of the mineral 2 development licence, if renewed; and 3 (ii) detailing the estimated human, technical and 4 financial resources to be used to carry out activities 5 under the mineral development licence during each 6 year of the term of the mineral development 7 licence, if renewed; and 8 (iii) detailing the applicant's financial and technical 9 resources for carrying out the activities under the 10 mineral development licence, if renewed.'. 11 Clause 47 Insertion of new s 197AA 12 After section 197-- 13 insert-- 14 `197AA Minister may request information 15 `(1) The Minister may give an applicant for renewal of a mineral 16 development licence a notice requiring the applicant to give 17 the Minister information the Minister reasonably requires to 18 assess the application. 19 `(2) If the information is not given to the Minister within the 20 reasonable period stated in the notice, the Minister may refuse 21 the application.'. 22 Clause 48 Amendment of s 197A (Decision on application) 23 (1) Section 197A(1)(e)-- 24 omit. 25 (2) Section 197A(4) and (5)-- 26 renumber as section 197A(5) and (7) respectively. 27 (3) Section 197A-- 28 insert-- 29 Page 33
Mines and Energy Legislation Amendment Bill 2008 Part 5 Amendment of Mineral Resources Act 1989 [s 49] `(4) Without limiting subsection (3), the Minister may decide a 1 condition of the renewed licence if the Minister considers the 2 condition is in the public interest. 3 `(6) Without limiting subsection (5)(b), the Minister may refuse 4 the renewal if the Minister considers the renewal is not in the 5 public interest.'. 6 Clause 49 Replacement of s 197C (Continuation of licence while 7 application being dealt with) 8 Section 197C-- 9 omit, insert-- 10 `197C Continuation of licence while application being 11 dealt with 12 `(1) This section applies to an application for renewal of a mineral 13 development licence if-- 14 (a) the application is not withdrawn, refused or granted 15 before the licence's expiry day ends; and 16 (b) after the expiry day, the holder-- 17 (i) continues to pay rental on the licence and other 18 amounts required to be paid under this Act; and 19 (ii) otherwise complies with this Act and the licence 20 conditions. 21 `(2) If the application is a properly made application, the licence 22 continues in force subject to the rights, entitlements and 23 obligations in effect immediately before the end of the expiry 24 day until the application is withdrawn, refused or granted. 25 `(3) If the application is an outstanding request application, the 26 licence continues in force subject to the rights, entitlements 27 and obligations in effect immediately before the end of the 28 expiry day until either of the following days, whichever 29 happens first-- 30 (a) the application is withdrawn; 31 Page 34
Mines and Energy Legislation Amendment Bill 2008 Part 5 Amendment of Mineral Resources Act 1989 [s 50] (b) the period in which the information that must be given 1 under section 197AA(2) ends. 2 `(4) In this section-- 3 outstanding request application, for renewal of a mineral 4 development licence, means an application-- 5 (a) that complies with section 197(2)(a) and (b), but does 6 not comply with all or part of section 197(2)(c); and 7 (b) for which-- 8 (i) the Minister has requested information under 9 section 197AA; and 10 (ii) the period to give the information to the Minister 11 under section 197AA(2) ends after the licence 12 expiry day; and 13 (iii) the information has not been given to the Minister. 14 properly made application, for renewal of a licence, means an 15 application that complies with all of section 197(2).'. 16 Clause 50 Amendment of s 198 (Assignment or mortgage of mineral 17 development licence) 18 (1) Section 198-- 19 insert-- 20 `(5A) If the application is for an assignment, the Minister must not 21 approve the assignment unless the Minister is satisfied the 22 assignee has the human, technical and financial resources to 23 comply with the conditions of the mineral development 24 licence under section 194.'. 25 (2) Section 198(7), from `complied with'-- 26 omit, insert-- 27 `complied with if-- 28 (a) the holder has made an application for approval of the 29 assignment or mortgage in the approved form; and 30 (b) the application is accompanied by-- 31 Page 35
Mines and Energy Legislation Amendment Bill 2008 Part 5 Amendment of Mineral Resources Act 1989 [s 51] (i) for an assignment, a signed statement by the 1 proposed assignee agreeing to the conditions of the 2 mineral development licence; and 3 (ii) the fee prescribed under a regulation; and 4 (c) the Minister is satisfied the Minister would have 5 approved the exercise of the power if the subsections 6 had been complied with.'. 7 Clause 51 Amendment of s 208 (Adding other minerals to licence) 8 Section 208-- 9 insert-- 10 `(3B) Without limiting the grounds on which the Minister may 11 reject the application, the Minister may reject it if the Minister 12 considers that approving it is not in the public interest. 13 `(4A) Without limiting subsection (4), the Minister may decide a 14 condition for the giving of the approval if the Minister 15 considers the condition is in the public interest.'. 16 Clause 52 Amendment of s 209 (Contravention by holder of mineral 17 development licence) 18 (1) Section 209(2)(a), `year'-- 19 omit, insert-- 20 `rental year'. 21 (2) Section 209(2)(a), `1 April'-- 22 omit, insert-- 23 `1 December'. 24 Clause 53 Amendment of s 231 (Variation of access to mineral 25 development licence land) 26 (1) Section 231(4) to (6)-- 27 renumber as section 231(7) to (9). 28 Page 36
Mines and Energy Legislation Amendment Bill 2008 Part 5 Amendment of Mineral Resources Act 1989 [s 54] (2) Section 231-- 1 insert-- 2 `(4) Without limiting subsection (3), the Minister may reject the 3 application if the Minister considers the variation is not in the 4 public interest. 5 `(5) If the Minister grants the application, the Minister may 6 impose conditions on the variation. 7 `(6) Without limiting subsection (5), the Minister may impose a 8 condition on the variation if the Minister considers the 9 condition is in the public interest.'. 10 Clause 54 Amendment of s 231E (Minister may grant or reject 11 application for mineral development licence (186)) 12 (1) Section 231E(3), (4), (5) and (6)-- 13 renumber as section 231(4), (5), (6), and (8) respectively. 14 (2) Section 231E-- 15 insert-- 16 `(3) Without limiting subsection (2), the Minister may reject the 17 application if the Minister considers the mineral development 18 licence is not in the public interest. 19 `(7) Without limiting subsection (6), the Minister may decide a 20 condition to which the licence is subject if the Minister 21 considers the condition is in the public interest.'. 22 Clause 55 Amendment of s 231G (Conditions of mineral 23 development licence (194)) 24 (1) Section 231G(2), (3), (4), (5) and (6)-- 25 renumber as section 231G(3), (5), (6), (7) and (8) respectively. 26 (2) Section 231G-- 27 insert-- 28 Page 37
Mines and Energy Legislation Amendment Bill 2008 Part 5 Amendment of Mineral Resources Act 1989 [s 56] `(2) Without limiting subsection (1), the Minister may decide a 1 condition of the licence if the Minister considers the condition 2 is in the public interest. 3 `(4) Without limiting subsection (3), the Minister may decide not 4 to make a variation of the condition proposed by the holder if 5 the Minister considers the variation is not in the public 6 interest.'. 7 (3) Section 231G(5) as renumbered, `subsection (2)'-- 8 omit, insert-- 9 `subsection (3)'. 10 (4) Section 231G(8) as renumbered, `subsections (1), (2) and 11 (5)'-- 12 omit, insert-- 13 `subsections (1) to (4) and (7)'. 14 Clause 56 Amendment of s 231H (Renewal of licence (197A)) 15 (1) Section 231H(1)(e)-- 16 omit. 17 (2) Section 231H(3), after `the licence'-- 18 insert-- 19 `and to any other conditions decided by the Minister'. 20 (3) Section 231H-- 21 insert-- 22 `(3A) Without limiting subsection (3), the Minister may decide a 23 condition to which the licence is subject if the Minister 24 considers the condition is in the public interest. 25 `(4A) Without limiting subsection (1) or (5), the Minister may 26 refuse the renewal if the Minister considers the renewal is not 27 in the public interest.'. 28 (4) Section 231H(3A) to (6)-- 29 renumber as section 231H(4) to (8). 30 Page 38
Mines and Energy Legislation Amendment Bill 2008 Part 5 Amendment of Mineral Resources Act 1989 [s 57] Clause 57 Amendment of s 234 (Governor in Council may grant 1 mining lease) 2 Section 234(1), `and cause to be issued'-- 3 omit. 4 Clause 58 Insertion of new s 245A 5 After section 245-- 6 insert-- 7 `245A Mining registrar may request information 8 `(1) The mining registrar may give an applicant for a mining lease 9 a notice requiring the applicant to give the mining registrar 10 information the mining registrar reasonably requires to assess 11 the application. 12 `(2) If the information is not given to the mining registrar within 13 the reasonable period stated in the notice, the mining registrar 14 may refuse the application.'. 15 Clause 59 Amendment of s 276 (General conditions of mining lease) 16 Section 276-- 17 insert-- 18 `(1A) Without limiting subsection (1), the Governor in Council may 19 determine a condition of a mining lease if the Governor in 20 Council considers the condition is in the public interest.'. 21 Clause 60 Amendment of s 286AA (Mining registrar may request 22 other information) 23 Section 286AA, `other'-- 24 omit. 25 Clause 61 Amendment of s 286A (Decision on application) 26 (1) Section 286A(5) and (6)-- 27 Page 39
Mines and Energy Legislation Amendment Bill 2008 Part 5 Amendment of Mineral Resources Act 1989 [s 62] renumber as section 286A(6) and (8) respectively. 1 (2) Section 286A-- 2 insert-- 3 `(5) Without limiting subsection (4), the Governor in Council may 4 decide a condition of the renewed lease if the Governor in 5 Council considers the condition is in the public interest. 6 `(7) Without limiting subsection (6)(b), the Minister may refuse 7 the renewal if the Minister considers the renewal is not in the 8 public interest.'. 9 Clause 62 Amendment of s 290 (Rental payable on mining lease) 10 (1) Section 290(1), `31 December'-- 11 omit, insert-- 12 `31 August'. 13 (2) Section 290(2), `yearly rental'-- 14 omit, insert-- 15 `rental payable for a rental year'. 16 (3) Section 290(2), `for the year'-- 17 omit, insert-- 18 `for the rental year'. 19 (4) Section 290(3), `each year'-- 20 omit, insert-- 21 `each rental year'. 22 (5) Section 290(3), `year's'-- 23 omit, insert-- 24 `rental year's'. 25 (6) Section 290(3), `31 December of the previous year'-- 26 omit, insert-- 27 `31 August of the previous rental year'. 28 Page 40
Mines and Energy Legislation Amendment Bill 2008 Part 5 Amendment of Mineral Resources Act 1989 [s 62] (7) Section 290(4), `year's rental'-- 1 omit, insert-- 2 `rental payable for a rental year'. 3 (8) Section 290(4), from `amount prescribed'-- 4 omit, insert-- 5 `amount prescribed under a regulation for that rental year.'. 6 (9) Section 290(5), after `If'-- 7 insert-- 8 `, for a particular rental year,'. 9 (10) Section 290(5)(a), `31 January of that year'-- 10 omit, insert-- 11 `30 September of that rental year'. 12 (11) Section 290(5)(b), `year's rental'-- 13 omit, insert-- 14 `rental payable for the rental year'. 15 (12) Section 290(5)(b), `1 April of that year'-- 16 omit, insert-- 17 `1 December of that rental year'. 18 (13) Section 290(5)(b), from `prescribed in respect of' to `falls'-- 19 omit, insert-- 20 `prescribed under a regulation for that rental year'. 21 (14) Section 290(6), `1 January'-- 22 omit, insert-- 23 `1 September'. 24 (15) Section 290(7), `year'-- 25 omit, insert-- 26 `rental year'. 27 Page 41
Mines and Energy Legislation Amendment Bill 2008 Part 5 Amendment of Mineral Resources Act 1989 [s 63] (16) Section 290(7), `31 December'-- 1 omit, insert-- 2 `31 August'. 3 Clause 63 Amendment of s 294 (Variation of conditions of mining 4 lease) 5 (1) Section 294(3) to (5)-- 6 renumber as section 294(4) to (6). 7 (2) Section 294-- 8 insert-- 9 `(3) Without limiting subsection (1), the Governor in Council may 10 refuse to vary a condition of a mining lease if the Governor in 11 Council considers the variation is not in the public interest.'. 12 Clause 64 Amendment of s 298 (Mining other minerals or use for 13 other purposes) 14 (1) Section 298(9), (10), (11) and (12)-- 15 renumber as section 298(10), (12), (13) and (14) respectively. 16 (2) Section 298-- 17 insert-- 18 `(9) Without limiting subsection (8), the Minister may reject the 19 application if the Minister considers the addition is not in the 20 public interest. 21 `(11) Without limiting subsection (12)(a), a condition may be 22 imposed on the approval of the Minister if the Minister 23 considers the condition is in the public interest.'. 24 Clause 65 Amendment of s 300 (Assignment, mortgage or sublease 25 of mining lease) 26 (1) Section 300-- 27 insert-- 28 Page 42
Mines and Energy Legislation Amendment Bill 2008 Part 5 Amendment of Mineral Resources Act 1989 [s 66] `(6A) If the application is for an assignment, the Minister must not 1 approve the assignment unless the Minister is satisfied the 2 assignee has the human, technical and financial resources to 3 comply with the conditions of the mining lease under section 4 276.'. 5 (2) Section 300(9), from `if the Minister is satisfied'-- 6 omit, insert-- 7 `if-- 8 (a) the holder has made an application for approval of the 9 assignment, mortgage or sublease in the approved form; 10 and 11 (b) the application is accompanied by-- 12 (i) the fee prescribed under a regulation; and 13 (ii) for an assignment, a signed statement by the 14 proposed assignee agreeing to the conditions of the 15 mining lease; and 16 (c) the Minister is satisfied the Minister would have 17 approved the exercise of the power if the subsections 18 had been complied with.'. 19 Clause 66 Amendment of s 308 (Contravention by holder of mining 20 lease) 21 (1) Section 308(2)(a), `year'-- 22 omit, insert-- 23 `rental year'. 24 (2) Section 308(2)(a), `1 April'-- 25 omit, insert-- 26 `1 December'. 27 Clause 67 Amendment of s 317 (Variation of access to mining lease 28 land) 29 Section 317-- 30 Page 43
Mines and Energy Legislation Amendment Bill 2008 Part 5 Amendment of Mineral Resources Act 1989 [s 68] insert-- 1 `(5A) Without limiting subsection (5), the Land Court may 2 determine that consent to the proposed variation should not be 3 given if the court considers the variation is not in the public 4 interest. 5 `(9A) Without limiting subsection (9)(a)(ii), the Land Court may 6 impose terms and conditions to be complied with before 7 consent is given if the court considers the condition is in the 8 public interest.'. 9 Clause 68 Amendment of s 318AAH (General conditions of mining 10 lease (276)) 11 (1) Section 318AAH(2) to (4)-- 12 renumber as section 231G(3) to (5). 13 (2) Section 318AAH-- 14 insert-- 15 `(2) Without limiting subsection (1), the Governor in Council may 16 decide a condition of the mining lease if the Governor in 17 Council considers the condition is in the public interest.'. 18 (3) Section 318AAH(5), as renumbered, `subsections (1) to 19 (3)'-- 20 omit, insert-- 21 `subsections (1) to (4)'. 22 Clause 69 Amendment of s 318CN (Use that may be made under 23 mining lease of incidental coal seam gas) 24 (1) Section 318CN(1)-- 25 insert-- 26 `(c) give it to a petroleum lease holder if-- 27 (i) the mining lease is over land that is in an area of a 28 petroleum lease (the overlapping land); and 29 Page 44
Mines and Energy Legislation Amendment Bill 2008 Part 5 Amendment of Mineral Resources Act 1989 [s 70] (ii) the incidental coal seam gas has been mined in the 1 overlapping land; and 2 (iii) the mining lease holder has given the petroleum 3 lease holder written notice (an availability notice) 4 that the gas is available to the petroleum lease 5 holder; and 6 (iv) the petroleum lease holder has given the mining 7 lease holder written notice (an acceptance notice) 8 accepting the gas within 20 business days after 9 being given the availability notice.'. 10 (2) Section 318CN-- 11 insert-- 12 `(1A) An availability notice or acceptance notice may be given for 13 incidental coal seam gas proposed to be mined under section 14 318CM(1).'. 15 (3) Section 318CN(2), after `for mining under the mining 16 lease'-- 17 insert-- 18 `or for giving it to a petroleum lease holder under subsection 19 (1)(c)'. 20 Clause 70 Amendment of section 318CO (Restriction on flaring or 21 venting of incidental coal seam gas) 22 (1) Section 318CO(5)-- 23 renumber as section 318CO(7). 24 (2) Section 318CO-- 25 insert-- 26 `(5) Subsection (6) applies, despite subsections (2) to (4), if-- 27 (a) a mining lease is over land in an area of a petroleum 28 lease (the overlapping land); and 29 (b) incidental coal seam gas is, under section 318CM(1), 30 mined from the overlapping land. 31 Page 45
Mines and Energy Legislation Amendment Bill 2008 Part 5 Amendment of Mineral Resources Act 1989 [s 71] `(6) Flaring or venting is authorised only if the mining lease holder 1 has-- 2 (a) given the petroleum lease holder written notice that the 3 gas is available to the petroleum lease holder; and 4 (b) the petroleum lease holder has either not responded or 5 has refused to accept the gas within 20 business days 6 after receiving the notice.'. 7 Clause 71 Insertion of new pt 7AAB 8 After section 318EL-- 9 insert-- 10 `Part 7AAB Provisions for McFarlane oil 11 shale deposit 12 `Division 1 Preliminary 13 `318ELAA Application of pt 7AAB 14 `(1) Subject to subsection (3), this part applies to all of the 15 following land from when this section commences to 17 16 August 2028 (the moratorium period)-- 17 (a) land in the area of mineral development licence 202; 18 (b) land in the area of exploration permits 3520 and 16668; 19 (c) land the subject of exploration permit application 20 16748; 21 (d) land (prescribed land) in the area of an oil shale mining 22 tenement prescribed under a regulation. 23 `(2) An oil shale mining tenement may be prescribed under 24 subsection (1)(d) only if the land to which this section applies 25 is a contiguous parcel of land. 26 Page 46
Mines and Energy Legislation Amendment Bill 2008 Part 5 Amendment of Mineral Resources Act 1989 [s 71] `(3) This part applies to prescribed land only from the 1 commencement of the regulation prescribing the oil shale 2 mining tenement. 3 `318ELAB What is an oil shale mining tenement 4 `(1) An oil shale mining tenement is a mining tenement granted 5 for oil shale. 6 `(2) Subsection (1) applies whether or not the mining tenement is 7 also granted for another mineral. 8 `318ELAC Relationship with other provisions of this Act 9 `(1) This part applies despite any other provision of this Act and 10 the conditions or other provisions of an oil shale mining 11 tenement. 12 `(2) If a provision of this part conflicts with another provision of 13 this Act, the provision of this part prevails to the extent of the 14 inconsistency. 15 `Division 2 Moratorium provisions 16 `318ELAD Prohibition on granting oil shale mining tenements 17 `(1) During the moratorium period an oil shale mining tenement 18 can not be granted for the land. 19 `(2) To remove any doubt, it is declared that subsection (1) does 20 not apply for a renewal that takes place because of section 21 318ELAK. 22 `318ELAE Suspension of oil shale activities 23 `(1) This section applies to an activity relating to oil shale (an oil 24 shale activity) that would, other than for this section, have 25 been an authorised activity for an oil shale mining tenement 26 for the land. 27 Page 47
Mines and Energy Legislation Amendment Bill 2008 Part 5 Amendment of Mineral Resources Act 1989 [s 71] `(2) Subject to section 318ELAF-- 1 (a) during the moratorium period, any right to carry out the 2 oil shale activity is suspended; and 3 (b) during the suspension-- 4 (i) the oil shale activity is not an authorised activity 5 for the mining tenement; and 6 (ii) for section 402, the oil shale activity is taken not to 7 be authorised under this Act or any other Act 8 relating to mining. 9 `318ELAF Access rights for particular activities 10 `(1) During the moratorium period, the holder of an oil shale 11 mining tenement for the land may-- 12 (a) enter the area of the mining tenement to carry out 13 rehabilitation or environmental management mentioned 14 in section 391B; and 15 (b) if the mining tenement is not a prospecting permit or 16 exploration permit--enter the area to carry out low 17 impact environmental monitoring; and 18 Examples-- 19 the monitoring of air, ecology, fauna, hydrology, soil or water 20 (c) enter the area to do all or any of the following-- 21 (i) move, remove or maintain equipment, machinery 22 or plant; 23 (ii) carry out improvement restoration for the mining 24 tenement; 25 (iii) carry out care and maintenance of disturbed areas; 26 (iv) carry out low impact track construction or 27 maintenance; 28 (v) put in place or maintain low impact infrastructure 29 for a purpose mentioned in subparagraphs (i) to 30 (iv). 31 Page 48
Mines and Energy Legislation Amendment Bill 2008 Part 5 Amendment of Mineral Resources Act 1989 [s 71] `(2) However, if the mining tenement is a prospecting permit or 1 exploration permit, an activity mentioned in subsection 2 (1)(c)(iv) or (v) may be carried out only if it is reasonably 3 necessary because of rehabilitation or environmental 4 management carried out under subsection (1)(a). 5 `(3) The holder's rights and obligations under the rest of this Act 6 continue to apply for an entry and the carrying out of an 7 activity authorised under subsection (1). 8 `(4) Without limiting subsection (3), a requirement under the rest 9 of this Act that, other than for this part, would apply for an 10 entry of a type authorised under subsection (1) applies for an 11 entry authorised under subsection (1). 12 `(5) In this section-- 13 low impact means of low impact on the environment and of 14 low impact for land disturbance. 15 rest of this Act means the provisions of this Act other than this 16 part. 17 `318ELAG Ministerial power to suspend rental obligation 18 `(1) This section applies if the Minister is satisfied that, because of 19 section 318ELAE, the holder of an oil shale mining tenement 20 for the land is not able to, or will not be able to, carry out any 21 authorised activity for the mining tenement. 22 `(2) The Minister may decide to suspend the holder's rental 23 obligation for all or any part of the current term of the mining 24 tenement. 25 `(3) However, the suspension can not take effect before 1 January 26 2009. 27 `(4) During the suspension the holder's rental obligation does not 28 apply. 29 `(5) In this section-- 30 holder's rental obligation means the holder's obligation 31 under this Act or a condition of the mining tenement to pay 32 rent for the mining tenement. 33 Page 49
Mines and Energy Legislation Amendment Bill 2008 Part 5 Amendment of Mineral Resources Act 1989 [s 71] `318ELAH Suspension or waiver of reporting obligations 1 `(1) During the moratorium period a reporting obligation of the 2 holder of an oil shale mining tenement for the land is 3 suspended to the extent it relates to oil shale activities. 4 `(2) Subsection (3) applies if the Minister is satisfied authorised 5 activities have not been, or will not be, carried out for the 6 mining tenement during all or any part of the current term of 7 the mining tenement. 8 `(3) The Minister may, by written notice to the holder, waive the 9 reporting obligation of the holder for all or any part of the 10 current term of the mining tenement. 11 `(4) In this section-- 12 reporting obligation means an obligation under this Act or a 13 condition of the mining tenement to submit reports to the 14 Minister about authorised activities for the mining tenement. 15 `318ELAI Suspension or waiver of performance requirements 16 `(1) During the moratorium period a performance requirement of 17 the holder of an oil shale mining tenement for the land is 18 suspended to the extent it relates to oil shale activities. 19 `(2) The Minister may, by written notice to the holder, waive or 20 reduce a performance requirement of the holder during all or 21 any part of the current term of the mining tenement to take 22 account of the effect of section 318ELAE. 23 `(3) In this section-- 24 performance requirement means a requirement under this 25 Act or a condition of a mining tenement about performance. 26 `318ELAJ Assignments 27 `(1) During the moratorium period the following may be assigned 28 only if the conditions mentioned in subsection (2) have been 29 complied with-- 30 (a) an oil shale mining tenement for the land; 31 Page 50
Mines and Energy Legislation Amendment Bill 2008 Part 5 Amendment of Mineral Resources Act 1989 [s 71] (b) an interest in an oil shale mining tenement for the land; 1 (c) an application for an oil shale mining tenement for the 2 land. 3 `(2) For subsection (1), the conditions are-- 4 (a) the Minister has given written consent to the 5 assignment; and 6 (b) the assignment is made in the approved form and lodged 7 with the mining registrar; and 8 (c) the lodgement is accompanied by the fee prescribed 9 under a regulation. 10 `(3) The Minister may, if asked in writing by the holder of, or the 11 applicant for, the mining tenement and the proposed assignee, 12 give written consent to the assignment. 13 `(4) However, if there is an approved form for the making of the 14 request, the request may be made only if it is in that form. 15 `318ELAK Renewals 16 `(1) This section applies if, during the moratorium period, an oil 17 shale mining tenement for the land reaches its expiry day. 18 `(2) The mining tenement is taken to have been renewed. 19 `(3) The term of the renewed mining tenement starts on the day 20 after the expiry day and has the same duration as the mining 21 tenement's term that ended on the expiry day. 22 `(4) The renewed mining tenement has the same conditions that 23 the mining tenement had immediately before the expiry day. 24 `318ELAL Rights and obligations under other Acts not affected 25 `To remove any doubt, it is declared that this division does not 26 limit or otherwise affect or suspend rights or obligations of the 27 holder of an oil shale mining tenement under-- 28 (a) the Environmental Protection Act; or 29 Page 51
Mines and Energy Legislation Amendment Bill 2008 Part 5 Amendment of Mineral Resources Act 1989 [s 72] (b) a relevant environmental condition for the mining 1 tenement; or 2 (c) the Petroleum and Gas (Production and Safety) Act, 3 chapter 3; or 4 Editor's note-- 5 Petroleum and Gas (Production and Safety) Act, chapter 3 (Provisions 6 for coal seam gas) 7 (d) another Act relevant to mining tenements.'. 8 Clause 72 Insertion of new pt 10AA 9 After section 381-- 10 insert-- 11 `Part 10AA Collingwood Park State 12 guarantee 13 `381A Definitions for pt 10AA 14 `In this part-- 15 affected land means land used for any purpose in the suburb 16 designated in the Gazetteer of Place Names under the Place 17 Names Act 1994 as Collingwood Park. 18 Collingwood Park State guarantee or guarantee see section 19 381B. 20 registrar means the registrar of titles under the Land Title Act 21 1994. 22 `381B What is the Collingwood Park State guarantee 23 `(1) The Collingwood Park State guarantee or guarantee is a 24 guarantee given by the State for affected land-- 25 (a) to pay for any works necessary to stabilise the affected 26 land if subsidence damage to the land occurs; or 27 Page 52
Mines and Energy Legislation Amendment Bill 2008 Part 5 Amendment of Mineral Resources Act 1989 [s 72] (b) to repair any subsidence damage to the affected land if, 1 in the chief executive's opinion, it is cost-effective for 2 the State to repair the damage; or 3 (c) to purchase the affected land at market value if-- 4 (i) the land is affected by subsidence damage; and 5 (ii) in the chief executive's opinion, it is not 6 cost-effective for the State to repair the damage. 7 `(2) In this section-- 8 mining activity means an activity for the purpose of extracting 9 coal by underground mining. 10 subsidence damage, for affected land, means damage to the 11 affected land, or any buildings or structures on the land that 12 were in existence at the beginning of 25 April 2008, caused by 13 or related to subsidence resulting from mining activity. 14 `381C Registering guarantee in freehold land register 15 `(1) An owner of affected land may, in writing, ask the chief 16 executive to have a record of the guarantee for the land 17 included on the freehold land register. 18 `(2) If a request is made under subsection (1), the chief executive 19 must, as soon as practicable, give the registrar written notice 20 asking the registrar to keep a record of the guarantee for the 21 land. 22 `(3) On receiving the notice, the registrar must keep a record so 23 that a search of the freehold land register will show the 24 guarantee for the affected land. 25 `381D Removing guarantee from registrar's records 26 `(1) An owner of affected land may, in writing, ask the chief 27 executive to have a record of the guarantee for the land 28 removed from the freehold land register. 29 `(2) If a request is made under subsection (1), the chief executive 30 must give the registrar written notice asking the registrar to 31 Page 53
Mines and Energy Legislation Amendment Bill 2008 Part 5 Amendment of Mineral Resources Act 1989 [s 73] remove the record of the guarantee for the affected land from 1 the registrar's records. 2 `(3) As soon as practicable after receiving the notice, the registrar 3 must remove the record of the guarantee for the affected land 4 from the registrar's records. 5 `(4) The guarantee for the affected land may not be removed other 6 than under this section. 7 `381E No fee payable 8 `No fee is payable to the registrar for keeping or removing, 9 under this part, a record of the guarantee for affected land.'. 10 Clause 73 Amendment of s 391 (Restriction on grants etc.) 11 Section 391-- 12 insert-- 13 `(3) A restriction or requirement under subsection (1) that applies 14 to an area does not affect the granting or renewal of any of the 15 following mining tenements for all or part of the area-- 16 (a) a mining tenement applied for before the restriction took 17 effect (the prerequisite tenement); 18 (b) a mining tenement of the same type as the prerequisite 19 tenement applied for in the area of the prerequisite 20 mining tenement; 21 (c) a higher level of mining tenement to the prerequisite 22 tenement applied for in the area of the prerequisite 23 mining tenement. 24 `(4) More than 1 mining tenement may be granted for the area of a 25 prerequisite tenement under subsection (3). 26 `(5) However, a mining tenement mentioned in subsection (3) can 27 not be granted for land outside the area of the prerequisite 28 tenement. 29 `(6) In this section-- 30 Page 54
Mines and Energy Legislation Amendment Bill 2008 Part 5 Amendment of Mineral Resources Act 1989 [s 74] higher level, of mining tenement to the prerequisite tenement, 1 means-- 2 (a) if the prerequisite tenement is a prospecting permit--a 3 mining claim or mining lease; or 4 (b) if the prerequisite tenement is a mining claim--a mining 5 lease; or 6 (c) if the prerequisite tenement is an exploration permit--a 7 mineral development licence or mining lease; or 8 (d) if the prerequisite tenement is a mineral development 9 licence--a mining lease.'. 10 Clause 74 Amendment of s 404C (Information requirements for 11 holders of mining tenements) 12 Section 404C(1), `information about the tenement and 13 activities carried on under the tenement'-- 14 omit, insert-- 15 `information about the tenement, activities carried out under 16 the tenement or production or sales information relating to the 17 tenement'. 18 Clause 75 Insertion of new pt 19, div 1AA 19 Part 19, before division 1-- 20 insert-- 21 `Division 1AA Transitional provisions for Act No. 22 10 of 1998 23 `Subdivision 1 Preliminary 24 `722H Definitions for div 1AA 25 `In this division-- 26 Act commencement means 1 September 1990. 27 Page 55
Mines and Energy Legislation Amendment Bill 2008 Part 5 Amendment of Mineral Resources Act 1989 [s 75] Note-- 1 1 September 1990 was the day on which all the provisions of this Act, 2 other than provisions for its citation and commencement, commenced. 3 repealed transitional schedule means the former schedule to 4 this Act that was repealed by the Offshore Minerals Act 1998. 5 Editor's note-- 6 For access to the schedule, see reprint 4 of this Act. 7 special agreement Act means an Act mentioned in the table to 8 section 3(1) of the repealed transitional schedule. 9 special agreement Act lease means a lease mentioned in 10 section 3(1)(b) of the repealed transitional schedule. 11 `722I Relationship with special agreement Acts and 12 repealed transitional schedule 13 `If a provision of this division conflicts with a provision of a 14 special agreement Act or a provision of the repealed 15 transitional schedule, the provision of this division prevails to 16 the extent of the inconsistency. 17 `Subdivision 2 Continuance of repealed 18 transitional schedule 19 `722J Schedule continues in effect 20 `(1) The repealed transitional schedule is a law to which the Acts 21 Interpretation Act 1954, section 20A applies, and is taken to 22 have always applied. 23 `(2) This section does not limit or otherwise affect the application 24 of the Acts Interpretation Act 1954, section 20 to the repealed 25 transitional schedule. 26 Note-- 27 However, under section 771 (Application of this Act to payment of rent 28 under special agreement Act leases), the repealed transitional schedule 29 no longer has effect for the payment of rent. 30 Page 56
Mines and Energy Legislation Amendment Bill 2008 Part 5 Amendment of Mineral Resources Act 1989 [s 75] `Subdivision 3 Provisions for special agreement 1 Act leases 2 `722K Purpose of sdiv 3 3 `The purpose of this subdivision is to provide for-- 4 (a) how a lease that was a special agreement Act lease on 5 the Act commencement may be renewed; and 6 (b) the application of this Act to a special agreement Act 7 lease once it has been renewed. 8 `722L Future renewals only under this Act 9 `A special agreement Act lease that has not been renewed 10 since the Act commencement may only be renewed under this 11 Act. 12 Note-- 13 Under section 3(1) of the repealed transitional schedule, special 14 agreement act leases were taken to be mining leases granted for the 15 balance of their current term at the Act commencement. 16 `722M Status on renewal 17 `If a special agreement Act lease is renewed under this Act, 18 the lease is subject only to-- 19 (a) the provisions of this Act; and 20 (b) any conditions that apply to the renewed lease because 21 of section 286A(4). 22 `722N Leases renewed under special agreement Act 23 `(1) This section applies to a renewal of a special agreement Act 24 lease under a special agreement Act after the Act 25 commencement and before this section commences. 26 `(2) The renewal is taken to be a renewal of the lease under this 27 Act. 28 Page 57
Mines and Energy Legislation Amendment Bill 2008 Part 5 Amendment of Mineral Resources Act 1989 [s 76] `(3) Any action relating to the renewed lease before this section 1 commences is taken to have been done under this Act. 2 `(4) Section 722M applies to the renewed lease.'. 3 Clause 76 Amendment of s 741 (Unfinished special coal mining 4 lease applications) 5 (1) Section 741(1) and (3)-- 6 omit. 7 (2) Section 741(2), `Subject to subsection (3), an'-- 8 omit, insert-- 9 `An'. 10 (3) Section 741(5), definition applied for-- 11 omit. 12 (4) Section 741(2), (4) and (5)-- 13 renumber as section 741(1), (2) and (3). 14 Clause 77 Insertion of new pt 19, div 11 15 Part 19-- 16 insert-- 17 `Division 11 Transitional provision for Mines and 18 Energy Legislation Amendment Act 19 2008 20 `Subdivision 1 Provisions for amendments to due 21 dates and reminder dates 22 `768 Application of div 11 23 `This division applies to a mining tenement granted before 1 24 January 2009 if it is a mining claim, mineral development 25 licence or mining lease. 26 Page 58
Mines and Energy Legislation Amendment Bill 2008 Part 5 Amendment of Mineral Resources Act 1989 [s 77] `769 Transitional provision for rental 1 `(1) Subject to subsections (2) and (3), the unamended rental 2 provision continues to apply to the mining tenement up to 31 3 August 2009. 4 `(2) The amended rental provision applies to the mining tenement 5 for any rental year starting on or after 1 September 2009. 6 `(3) However, for applying subsection (4) and (5)(b) of the 7 unamended rental provision, the period from 1 January 2009 8 to 31 August 2009 (the nominal year) is taken to be a whole 9 rental year. 10 `(4) The amount of the rental prescribed for the nominal year is 11 taken to be two-thirds of the amount of the rental prescribed 12 for 2009. 13 `(5) In this section-- 14 amended rental provision means the following as in force on 15 the date of assent of the amending Act-- 16 (a) if the mining tenement is a mining claim--section 95; 17 (b) if the mining tenement is a mineral development 18 licence--section 193; 19 (c) if the mining tenement is a mining lease--section 290. 20 amending Act means the Mines and Energy Legislation 21 Amendment Act 2008. 22 unamended rental provision means the following as in force 23 before the date of assent of the amending Act-- 24 (a) if the mining tenement is a mining claim--section 95; 25 (b) if the mining tenement is a mineral development 26 licence--section 193; 27 (c) if the mining tenement is a mining lease--section 290. 28 `770 Transitional provision for contravention provisions 29 `(1) For applying section 95(5)(a), 193(5)(a) or 290(5)(a) to the 30 mining tenement before 2 April 2009, the reference in that 31 Page 59
Mines and Energy Legislation Amendment Bill 2008 Part 5 Amendment of Mineral Resources Act 1989 [s 77] provision to 30 September is taken to be a reference to 31 1 January. 2 `(2) For applying section 106(2)(a), 209(2)(a) or 308(2)(a) to the 3 mining tenement before 2 April 2009, the reference in that 4 provision to 1 December is taken to be a reference to 1 April. 5 `Subdivision 2 Provision for special agreement 6 Acts 7 `771 Application of this Act to payment of rent for special 8 agreement Act leases 9 `(1) From the commencement of this section-- 10 (a) section 290 applies for the payment of rent under any 11 special agreement Act lease; and 12 (b) a provision of any of the following ceases to apply to the 13 extent the provision conflicts with section 290-- 14 (i) a special agreement Act; 15 (ii) an agreement mentioned in a special agreement 16 Act; 17 (iii) a special agreement Act lease. 18 Note-- 19 For the application of this Act to special agreement Act leases, see the 20 repealed transitional schedule and division 1AA (Transitional 21 provisions for Act No. 10 of 1998). 22 `(2) The application of section 290 under subsection (1) is subject 23 to subdivision 1. 24 `(3) To remove any doubt, it is declared that subsection (1) 25 applies-- 26 (a) even though the special agreement Act lease has not 27 been renewed as mentioned in the repealed transitional 28 schedule; and 29 (b) despite-- 30 Page 60
Mines and Energy Legislation Amendment Bill 2008 Part 5 Amendment of Mineral Resources Act 1989 [s 78] (i) a special agreement Act; and 1 (ii) the repealed transitional schedule; and 2 (iii) division 1AA, subdivision 2. 3 Editor's note-- 4 division 1AA, subdivision 2 (Continuance of repealed transitional 5 schedule) 6 `(4) This section does not affect or otherwise limit the application 7 of section 290A to a special agreement Act lease. 8 `(5) In this section-- 9 repealed transitional schedule means the former schedule to 10 this Act that was repealed by the Offshore Minerals Act 1998. 11 Editor's note-- 12 For access to the schedule, see reprint 4 of this Act. 13 special agreement Act means an Act mentioned in the table to 14 section 3(1) of the repealed transitional schedule. 15 special agreement Act lease means a lease mentioned in 16 section 3(1)(b) of the repealed transitional schedule.'. 17 Clause 78 Amendment of schedule (Dictionary) 18 Schedule-- 19 insert-- 20 `affected land, for part 10AA, see section 381A. 21 Collingwood Park State guarantee or guarantee, for part 22 10AA, see section 381B. 23 moratorium period, for part 7AAB, see section 318ELAA 24 (1). 25 oil shale activity see section 318ELAE(1). 26 oil shale mining tenement see section 318ELAB. 27 registrar, for part 10AA, see section 381A. 28 rental year means each 12 month period that starts on 1 29 September and ends on 31 August.'. 30 Page 61
Mines and Energy Legislation Amendment Bill 2008 Part 6 Amendment of Mining and Quarrying Safety and Health Act 1999 [s 79] Part 6 Amendment of Mining and 1 Quarrying Safety and Health 2 Act 1999 3 Clause 79 Act amended in pt 6 and schedule 4 This part and the schedule amend the Mining and Quarrying 5 Safety and Health Act 1999. 6 Clause 80 Amendment of s 259 (Notices about industry statistics or 7 information) 8 (1) Section 259(3), penalty, `for subsection (3)'-- 9 omit. 10 (2) Section 259-- 11 insert-- 12 `(4) The chief executive may-- 13 (a) use the information to produce statistics and other data; 14 and 15 (b) publish the statistics and other data produced under 16 paragraph (a).'. 17 Part 7 Amendment of Petroleum Act 18 1923 19 Clause 81 Act amended in pt 7 and schedule 20 This part and the schedule amend the Petroleum Act 1923. 21 Clause 82 Amendment of s 2 (Definitions) 22 (1) Section 2, definition permitted dealing-- 23 Page 62
Mines and Energy Legislation Amendment Bill 2008 Part 7 Amendment of Petroleum Act 1923 [s 83] omit. 1 (2) Section 2-- 2 insert-- 3 `dealing see section 80E.'. 4 Clause 83 Amendment of s 7AA (Qualification of 1923 Act 5 petroleum tenure holders) 6 Section 7AA(b)-- 7 omit, insert-- 8 `(b) a company or registered body under the Corporations 9 Act;'. 10 Clause 84 Omission of s 19 (Variation of authority to prospect) 11 Section 19-- 12 omit. 13 Clause 85 Amendment of s 75Q (Transfer of water observation bore 14 or water supply bore to landowner) 15 (1) Section 75Q(2)(b)-- 16 omit. 17 (2) Section 75Q(2)(c) and (d)-- 18 renumber as section 75Q(2)(b) and (c). 19 Clause 86 Amendment of s 76B (Requirement to lodge records and 20 samples) 21 (1) Section 76B(2), `copy of the record and'-- 22 omit. 23 (2) Section 76B(2) to (6)-- 24 renumber as section 76B(4) to (8). 25 Page 63
Mines and Energy Legislation Amendment Bill 2008 Part 7 Amendment of Petroleum Act 1923 [s 87] (3) Section 76B-- 1 insert-- 2 `(2) The copy of the record must-- 3 (a) be lodged electronically using the system for 4 submission of reports made or approved by the chief 5 executive; and 6 (b) be in the digital format made or approved by the chief 7 executive. 8 `(3) The chief executive must ensure the system and a document 9 detailing the digital format made or approved by the chief 10 executive are available for inspection on the department's 11 website.'. 12 (4) Section 76B(7)(b), as renumbered, `subsection (3)'-- 13 omit, insert-- 14 `subsection (5).'. 15 Clause 87 Amendment of s 80B (Keeping of register) 16 Section 80B(2)(b)(ii), `permitted dealing'-- 17 omit, insert-- 18 `dealing approved under part 6N'. 19 Clause 88 Amendment of s 80E (What is a permitted dealing) 20 (1) Section 80E, heading and subsection (1), `permitted 21 dealing'-- 22 omit, insert-- 23 `dealing'. 24 (2) Section 80E(1)(b), `share in a mortgage of'-- 25 omit, insert-- 26 `share in'. 27 (3) Section 80E(1)(c), `, or a share in a mortgage,'-- 28 Page 64
Mines and Energy Legislation Amendment Bill 2008 Part 7 Amendment of Petroleum Act 1923 [s 89] omit. 1 (4) Section 80E(1)(e), `, as provided for under the coordination 2 arrangement'-- 3 omit. 4 (5) Section 80E(2), from `However' to `permitted dealing.'-- 5 omit, insert-- 6 `However, a transfer that has the effect of transferring a 7 divided part of the area of a 1923 Act petroleum tenure is not 8 a dealing.'. 9 (6) Section 80E(2), `is not a permitted dealing'-- 10 omit. 11 Clause 89 Amendment of s 80J (Deciding application) 12 (1) Section 80J, `permitted dealing'-- 13 omit, insert-- 14 `dealing'. 15 (2) Section 80J(3), `must be granted'-- 16 omit, insert-- 17 `is taken to have been granted'. 18 (3) Section 80J(3)(a)(i), `share in a mortgage of'-- 19 omit, insert-- 20 `share in'. 21 (4) Section 80J(3)(a)(ii), `, or a share in mortgage,'-- 22 omit. 23 (5) Section 80J(3)(a), `, as provided for under a coordination 24 arrangement'-- 25 omit. 26 (6) Section 80J(3)(a)(iv), `, as provided for under the coordination 27 arrangement'-- 28 Page 65
Mines and Energy Legislation Amendment Bill 2008 Part 7 Amendment of Petroleum Act 1923 [s 90] omit. 1 (7) Section 80J(3)(b)-- 2 omit, insert-- 3 `(b) all of the following apply-- 4 (i) subsection (2) does not prevent the granting of the 5 approval; 6 (ii) under section 80H, an indication of the approval 7 has been given for the proposed dealing; 8 (iii) if, under that section, an indication of likely 9 conditions was given--the conditions are complied 10 with within 6 months after the giving of the 11 indication.'. 12 (8) Section 80J(4), `may be refused'-- 13 omit, insert-- 14 `is taken not to have been granted'. 15 Clause 90 Amendment of s 80K (Criteria for decision) 16 (1) Section 80K(1)(a), `must be granted'-- 17 omit, insert-- 18 `is taken to have been granted'. 19 (2) Section 80K(2)-- 20 omit, insert-- 21 `(2) The matters that must be considered in deciding whether to 22 approve the dealing include-- 23 (a) the application and any additional information given for 24 the application; and 25 (b) for a transfer--the capability criteria; and 26 (c) whether, in relation to the 1923 Act petroleum tenure-- 27 (i) any petroleum royalty is payable and unpaid by its 28 holder; or 29 Page 66
Mines and Energy Legislation Amendment Bill 2008 Part 7 Amendment of Petroleum Act 1923 [s 91] (ii) the holder has failed to comply with the 2004 Act, 1 section 594, 595, 599 or 602; and 2 (d) the public interest.'. 3 Clause 91 Insertion of new pt 12 4 After section 184-- 5 insert-- 6 `Part 12 Transitional provision for Mines 7 and Energy Legislation 8 Amendment Act 2008 9 `185 Provision for repeal of section 19 10 `(1) This section applies to an application for variation of an 11 authority to prospect under former section 19 made but not 12 decided before the repeal of that section. 13 `(2) The application is taken to be an application for approval of an 14 amendment to the work program for the authority, made under 15 sections 25H and 25I. 16 `(3) Sections 25G, 25J and 25K apply to the deciding of the 17 application, with necessary changes. 18 `(4) In this section-- 19 former section 19 means section 19 as in force before the 20 commencement of this section.'. 21 Page 67
Mines and Energy Legislation Amendment Bill 2008 Part 8 Amendment of Petroleum and Gas (Production and Safety) Act 2004 [s 92] Part 8 Amendment of Petroleum and 1 Gas (Production and Safety) 2 Act 2004 3 Clause 92 Act amended in pt 8 and schedule 4 This part and the schedule amend the Petroleum and Gas 5 (Production and Safety) Act 2004. 6 Clause 93 Insertion of new s 30A 7 Chapter 1, part 5-- 8 insert-- 9 `30A Joint holders of a petroleum authority 10 `(1) A petroleum authority may be held by 2 or more persons as 11 joint tenants or as tenants in common. 12 `(2) If, under this Act-- 13 (a) an application is made for, or for approval to transfer, a 14 petroleum authority for more than 1 proposed holder or 15 transferee; and 16 (b) the application does not show whether the proposed 17 holders or transferees are to hold as joint tenants or as 18 tenants in common; and 19 (c) the application is granted; 20 the chief executive must record in the petroleum register that 21 the applicants hold the authority as tenants in common. 22 `(3) In this section-- 23 petroleum authority includes a share in a petroleum 24 authority.'. 25 Clause 94 Amendment of s 236 (Ministerial approval of proposed 26 coordination arrangement) 27 Section 236(1)(a)-- 28 Page 68
Mines and Energy Legislation Amendment Bill 2008 Part 8 Amendment of Petroleum and Gas (Production and Safety) Act 2004 [s 95] insert-- 1 `(iv) the spatial relationship between the relevant leases 2 for the arrangement is appropriate.'. 3 Clause 95 Amendment of s 288 (Transfer of water observation bore 4 or water supply bore to landowner) 5 Section 288(3)(b), (c) and (d)-- 6 omit, insert-- 7 `(a) a notice in the approved form; 8 (b) the transfer fee prescribed under a regulation.'. 9 Clause 96 Amendment of s 419A (Notice to chief inspector before 10 construction starts) 11 Section 419A-- 12 insert-- 13 `(3) An applicant for a pipeline licence may give a notice under 14 subsection (1). 15 `(4) The day stated for construction to start may be stated as the 16 day the applicant becomes the holder of the licence.'. 17 Clause 97 Amendment of s 548 (Requirement to lodge records and 18 samples) 19 (1) Section 548(2), `copy of the record and'-- 20 omit. 21 (2) Section 548(2) to (6)-- 22 renumber as section 548(4) to (8). 23 (3) Section 548-- 24 insert-- 25 `(2) The copy of the record must-- 26 Page 69
Mines and Energy Legislation Amendment Bill 2008 Part 8 Amendment of Petroleum and Gas (Production and Safety) Act 2004 [s 98] (a) be lodged electronically using the system for 1 submission of reports made or approved by the chief 2 executive; and 3 (b) be in the digital format made or approved by the chief 4 executive. 5 `(3) The chief executive must ensure the system and a document 6 detailing the digital format made or approved by the chief 7 executive are available for inspection on the department's 8 website.'. 9 (4) Section 548(7)(b), as renumbered, subsection (3)'-- 10 omit, insert-- 11 `subsection (5)'. 12 Clause 98 Amendment of s 565 (Keeping of register) 13 Section 565(2)(b)(ii), `permitted dealing'-- 14 omit, insert-- 15 `dealing approved under part 10'. 16 Clause 99 Amendment of s 568 (What is a permitted dealing) 17 (1) Section 568, heading and subsection (1), `permitted 18 dealing'-- 19 omit, insert-- 20 `dealing'. 21 (2) Section 568(1)(b), `share in a mortgage of'-- 22 omit, insert-- 23 `share in'. 24 (3) Section 568(1)(c), `, or a share in a mortgage,'-- 25 omit. 26 (4) Section 568(1)(e), `, as provided for under the coordination 27 arrangement'-- 28 Page 70
Mines and Energy Legislation Amendment Bill 2008 Part 8 Amendment of Petroleum and Gas (Production and Safety) Act 2004 [s 100] omit. 1 (5) Section 568(2)-- 2 omit, insert-- 3 `(2) However, a dealing with a petroleum authority does not 4 include a prohibited dealing mentioned in section 569(1).'. 5 Clause 100 Amendment of s 573 (Deciding application) 6 (1) Section 573, `permitted dealing'-- 7 omit, insert-- 8 `dealing'. 9 (2) Section 573(3), `must be granted'-- 10 omit, insert-- 11 `is taken to have been granted'. 12 (3) Section 573(3)(a)(i), `share in a mortgage of'-- 13 omit, insert-- 14 `share in'. 15 (4) Section 573(3)(a)(ii), `, or a share in mortgage,'-- 16 omit. 17 (5) Section 573(3)(a), `, as provided for under a coordination 18 arrangement'-- 19 omit. 20 (6) Section 573(3)(a)(iv), `, as provided for under the 21 coordination arrangement'-- 22 omit. 23 (7) Section 573(3)(b)-- 24 omit, insert-- 25 `(b) all of the following apply-- 26 (i) subsection (2) does not prevent the granting of the 27 approval; 28 Page 71
Mines and Energy Legislation Amendment Bill 2008 Part 8 Amendment of Petroleum and Gas (Production and Safety) Act 2004 [s 101] (ii) under section 571, an indication of the approval 1 has been given for the proposed dealing; 2 (iii) if, under that section, an indication of likely 3 conditions was given--the conditions are complied 4 with within 3 months after the giving of the 5 indication.'. 6 (8) Section 573(4), `may be refused'-- 7 omit, insert-- 8 `is taken not to have been granted'. 9 Clause 101 Amendment of s 574 (Criteria for decision) 10 (1) Section 574(1)(a), `must be granted'-- 11 omit, insert-- 12 `is taken to have been granted'. 13 (2) Section 574(2)-- 14 omit, insert-- 15 `(2) The matters that must be considered in deciding whether to 16 approve the dealing include-- 17 (a) the application and any additional information given for 18 the application; and 19 (b) for a transfer of a petroleum authority--the relevant 20 criteria under chapter 2 or 4 to obtain the authority; and 21 (c) if the petroleum authority is a petroleum tenure, 22 whether, in relation to the tenure-- 23 (i) any petroleum royalty is payable and unpaid by its 24 holder; or 25 (ii) the holder has failed to comply with section 594, 26 595, 599 or 602; and 27 (d) the public interest.'. 28 Page 72
Mines and Energy Legislation Amendment Bill 2008 Part 8 Amendment of Petroleum and Gas (Production and Safety) Act 2004 [s 102] Clause 102 Amendment of s 590 (Imposition of petroleum royalty on 1 petroleum producers) 2 Section 590(1), after `produces'-- 3 insert-- 4 `or that the producer accepts from an overlapping mining 5 lease holder, under the Mineral Resources Act, section 6 318CN'. 7 Clause 103 Replacement of ch 9, pt 1, hdg (Safety requirements) 8 Chapter 9, part 1, heading-- 9 omit, insert-- 10 `Part 1 Safety requirements and 11 labelling'. 12 Clause 104 Insertion of new s 669A 13 Chapter 9, part 1-- 14 insert-- 15 `669A Labelling 16 `(1) Without limiting sections 669 and 859, a regulation may 17 provide for the certification or labelling of gas devices or gas 18 fittings. 19 `(2) A regulation under subsection (1), may also provide for all or 20 any of the following for gas devices or gas fittings-- 21 (a) labelling for certification; 22 (b) labelling for minimum energy performance standards; 23 (c) efficiency labelling; 24 (d) approval or registration of labels; 25 (e) selling or hiring; 26 (f) offering, exposing or advertising for sale or hire.'. 27 Page 73
Mines and Energy Legislation Amendment Bill 2008 Part 8 Amendment of Petroleum and Gas (Production and Safety) Act 2004 [s 105] Clause 105 Amendment of s 726 (Gas devices (type A)) 1 (1) Section 726(3), definition worker-- 2 relocate to schedule 2. 3 (2) Section 726(3), as amended-- 4 omit, insert-- 5 `(3) A person must not direct a worker at a place to carry out gas 6 work relating to a gas device (type A) in a way that 7 contravenes a relevant safety requirement. 8 Maximum penalty--500 penalty units. 9 `(4) A person does not commit an offence against subsection (1) if 10 the gas work is only the connection or disconnection of a gas 11 cylinder to an existing gas fitting or gas device.'. 12 Clause 106 Amendment of s 727 (Gas devices (type B)) 13 Section 727-- 14 insert-- 15 `(3) A person must not direct a worker at a place to carry out gas 16 work relating to a gas device (type B) in a way that 17 contravenes a relevant safety requirement. 18 Maximum penalty--500 penalty units.'. 19 Clause 107 Amendment of s 733 (Certification of gas device or gas 20 fitting) 21 (1) Section 733(1)-- 22 omit, insert-- 23 `(1) A person must not offer for sale, install or use a gas device 24 (type A), gas device (type B) or gas fitting unless-- 25 (a) the offer for sale, installation or use has been approved 26 by the chief inspector or a person or body approved by 27 the chief inspector; and 28 Page 74
Mines and Energy Legislation Amendment Bill 2008 Part 8 Amendment of Petroleum and Gas (Production and Safety) Act 2004 [s 108] (b) if a regulation prescribes a label for the gas device or gas 1 fitting--the gas device or gas fitting complies with any 2 relevant labelling requirements prescribed under the 3 regulation. 4 Maximum penalty--200 penalty units.'. 5 (2) Section 733(3), definition gas fitting, `gas device (type A) or 6 (type B)'-- 7 omit, insert-- 8 `gas device (type A) or gas device (type B)'. 9 (3) Section 733(3), definition gas fitting-- 10 relocate to schedule 2. 11 (4) Section 733(3), as amended-- 12 omit. 13 Clause 108 Amendment of s 734 (Safety obligations of gas system 14 installer) 15 (1) Section 734, heading-- 16 omit, insert-- 17 `734 Requirements for gas system installation'. 18 (2) Section 734(2) and (3)-- 19 omit, insert-- 20 `(3) If a person installs all or part of a gas system, the person must, 21 before making the gas system operational-- 22 (a) give, to the person prescribed under a regulation, a 23 certificate in the approved form about the installation 24 and the gas system; and 25 (b) if a regulation prescribes a compliance plate for the 26 installation--the compliance plate is attached in the way 27 prescribed under the regulation. 28 Maximum penalty--300 penalty units. 29 Page 75
Mines and Energy Legislation Amendment Bill 2008 Part 8 Amendment of Petroleum and Gas (Production and Safety) Act 2004 [s 109] Note-- 1 See also part 6, division 2 (Restrictions).'. 2 Clause 109 Insertion of new s 734A 3 Chapter 9-- 4 insert-- 5 `734A Safety obligations of gas system installer 6 `(1) This section applies if-- 7 (a) a person installs all or part of, or carries out gas work 8 relating to, a gas system; and 9 (b) the person has a safety concern relating to the gas 10 system. 11 `(2) For subsection (1), the person has a safety concern relating to 12 the gas system if the person knows or suspects, or ought 13 reasonably to know or suspect that-- 14 (a) the gas system does not or may not comply with all 15 relevant safety requirements; or 16 (b) an imminent risk of material harm to persons or 17 property is likely if action is not taken to avoid, 18 eliminate or minimise the risk. 19 `(3) The person must give the owner, operator or proposed 20 operator of the gas system notice of the noncompliance or 21 risk, in the approved form. 22 Maximum penalty--300 penalty units. 23 `(4) Subsections (5) and (6) apply if the safety concern relates to a 24 risk mentioned in subsection (2)(b). 25 `(5) The person must take appropriate measures to avoid, 26 eliminate or minimise the risk. 27 Maximum penalty--300 penalty units. 28 Page 76
Mines and Energy Legislation Amendment Bill 2008 Part 8 Amendment of Petroleum and Gas (Production and Safety) Act 2004 [s 110] Example of an appropriate measure-- 1 The risk is fuel gas leaking from a gas device that forms part of the gas 2 system. An appropriate measure is to isolate fuel gas supply to the 3 device. 4 `(6) The person must, by telephone, immediately report details of 5 the following to an inspector and the operator of the 6 distribution system or LPG delivery network that supplies fuel 7 gas to the gas system-- 8 (a) the risk; 9 (b) the measures taken under subsection (5). 10 Maximum penalty--100 penalty units. 11 `(7) In this section-- 12 operator, of a distribution system or LPG delivery network, 13 means the person responsible for the management and safe 14 operation of the system or network.'. 15 Clause 110 Amendment of s 844 (Amending applications) 16 (1) Section 844(3)-- 17 renumber as section 844(4). 18 (2) Section 844-- 19 insert-- 20 `(3) However, subsection (2)(b) does not apply if-- 21 (a) the tenderer is a corporation; and 22 (b) the change is only a change of name of the tenderer; and 23 (c) the tenderer's Australian company number and 24 Australian registered business name have not changed.'. 25 Clause 111 Amendment of s 877 (Exclusion from area of land in area 26 of coal mining lease or oil shale mining lease) 27 Section 877(1)(b), `coal or oil shale mining tenement'-- 28 Page 77
Mines and Energy Legislation Amendment Bill 2008 Part 8 Amendment of Petroleum and Gas (Production and Safety) Act 2004 [s 112] omit, insert-- 1 `coal or oil shale mining lease'. 2 Clause 112 Insertion of new ch 15, pt 3, div 5, sdiv 3 3 After section 901-- 4 insert-- 5 `Subdivision 3 Conversion provision inserted 6 under Mines and Energy Legislation 7 Amendment Act 2008 for PL 200 8 `901A Application of sdivs 1 and 2 9 `(1) This section applies to the 1923 Act lease numbered 200. 10 `(2) Subdivisions 1 and 2 apply to the lease as if the reference in 11 the subdivisions to 31 December 2004 were a reference to the 12 day this section commences. 13 `(3) For applying any other provision of this part, the lease is taken 14 to be a converted lease.'. 15 Clause 113 Amendment of s 903 (Applications for CSG-related 1923 16 Act ATPs) 17 Section 903(1)(b), `coal or oil shale mining tenement--'-- 18 omit, insert-- 19 `coal or oil shale mining lease--'. 20 Clause 114 Insertion of new ch 15, pt 8 21 Chapter 15-- 22 insert-- 23 Page 78
Mines and Energy Legislation Amendment Bill 2008 Part 8 Amendment of Petroleum and Gas (Production and Safety) Act 2004 [s 115] `Part 8 Transitional provision for Mines 1 and Energy Legislation 2 Amendment Act 2008 3 `942 Provision for amendment of s 877 4 `Section 877 applies as if the amendment of that section under 5 the Petroleum and Other Legislation Amendment Act 2005, 6 section 105, schedule had never been made.'. 7 Clause 115 Amendment of sch 2 (Dictionary) 8 (1) Schedule 2, definition permitted dealing-- 9 omit. 10 (2) Schedule 2-- 11 insert-- 12 `dealing see section 568.'. 13 Page 79
Mines and Energy Legislation Amendment Bill 2008 Schedule Schedule Minor amendments 1 sections 3, 19, 79, 81 and 92 2 Coal Mining Safety and Health Act 1999 3 1 Section 255(5), `prosecution'-- 4 omit, insert-- 5 `proceeding'. 6 Mineral Resources Act 1989 7 1 Section 245(1)(o)(iii)(C), `each year'-- 8 omit, insert-- 9 `the term'. 10 2 Section 318AO(2)(d), footnote-- 11 omit, insert-- 12 `Notes-- 13 1 For the circumstances mentioned in subsection (2)(a) to (c), see 14 division 3 (Obtaining coal or oil shale mining lease over land in 15 area of authority to prospect (by or jointly with, or with the consent 16 of, authority to prospect holder)). 17 2 For the circumstance mentioned in subsection (2)(d), see division 6 18 (Obtaining coal or oil shale mining lease over land in area of 19 petroleum lease (by or jointly with petroleum lease holder), and 20 section 318CC (Application of div 6). 21 3 See however section 318CE(2) (Requirement for separate 22 application for other land).'. 23 Page 80
Mines and Energy Legislation Amendment Bill 2008 Schedule 3 Section 318CH(1), after `in the area'-- 1 insert-- 2 `of'. 3 4 Section 318DI(4), `that', first mention-- 4 omit, insert-- 5 `than'. 6 5 Section 318DJ(2)(d), `section 318BQ;'-- 7 omit, insert-- 8 `sections 318BQ and 318BR;'. 9 6 Section 318EG(2)(b), `petroleum'-- 10 omit, insert-- 11 `mining'. 12 7 Section 318EI(1)(b), `petroleum'-- 13 omit, insert-- 14 `mining'. 15 Mining and Quarrying Safety and Health Act 1999 16 1 Section 234(5), `prosecution'-- 17 omit, insert-- 18 `proceeding'. 19 Page 81
Mines and Energy Legislation Amendment Bill 2008 Schedule Petroleum Act 1923 1 1 Sections 75AA(1), note, 78T, 79X(3)(c), 80G, 80H and 80I 2 and part 6N, division 2, heading and schedule, entry for 3 section 80J(1), `permitted dealing'-- 4 omit, insert-- 5 `dealing'. 6 2 Section 80I(2)(b)(i), `permitted dealings'-- 7 omit, insert-- 8 `dealings'. 9 3 Part 6N, division 1, heading-- 10 omit, insert-- 11 `Division 1 Dealings'. 12 Petroleum and Gas (Production and Safety) Act 2004 13 1 Section 50, footnote-- 14 omit, insert-- 15 `Note-- 16 For the requirements to lodge a proposed later work program, see 17 sections 79 (Obligation to lodge proposed later work program), 100 18 (Minister may add excluded land), 104 (Requirements for making 19 application) and 790 (Types of noncompliance action that may be 20 taken).'. 21 2 Section 142, footnote-- 22 omit, insert-- 23 `Note-- 24 For the requirements to lodge a proposed later development plan, see 25 sections 159 (Obligation to lodge proposed later development plan), 170 26 Page 82
Mines and Energy Legislation Amendment Bill 2008 Schedule (Minister may add excluded land), 372 (Requirements for making 1 application) and 790 (Types of noncompliance action that may be 2 taken).'. 3 3 Sections 238, 511, 558A(1), note, 570, 571 and 572(1) and 4 chapter 5, part 10, division 2, heading, and schedule 1, 5 table 2, entry for section 573(1), `permitted dealing'-- 6 omit, insert-- 7 `dealing'. 8 4 Section 339(a), after `area of the petroleum'-- 9 insert-- 10 `lease'. 11 5 Section 476(3), `section 444'-- 12 omit, insert-- 13 `section 445A'. 14 6 Chapter 5, part 10, division 1, heading-- 15 omit, insert-- 16 `Division 1 Dealings'. 17 7 Section 570, heading, `permitted dealings'-- 18 omit, insert-- 19 `dealings'. 20 8 Section 572(2)(b)(i), `permitted dealings'-- 21 omit, insert-- 22 `dealings'. 23 Page 83
Mines and Energy Legislation Amendment Bill 2008 Schedule 9 Chapter 15, part 3, division 8, heading, `1923 Act start 1 day'-- 2 omit, insert-- 3 `31 December 2004'. 4 10 Schedule 2, definition mineable oil shale deposit-- 5 omit. 6 © State of Queensland 2008 Page 84
AMENDMENTS TO BILL
Mines and Energy Legislation Amendment Bill 2008 Mines and Energy Legislation Amendment Bill 2008 Amendments agreed to during Consideration 1 Clauses 21, 22 and 23-- At page 16, lines 10 to 27 and page 17, lines 1 to 3-- omit. 2 Clause 32 (Amendment of s 137 (Grant of exploration permit))-- At page 21, lines 2 to 6-- omit. 3 Clause 32 (Amendment of s 137 (Grant of exploration permit))-- At page 21, lines 17 to 21-- omit. 4 Clause 34 (Amendment of s 141 (Conditions of exploration permit))-- At page 22, lines 11 to 20-- omit, insert-- `(2) Section 141(6), `, (2)'-- omit.'. 5 Clause 35 (Amendment of s 141C (Application to vary conditions of existing permit))-- At page 22, lines 23 to 26 and page 23 lines 1 to 6-- omit, insert-- Page 1
Mines and Energy Legislation Amendment Bill 2008 `Section 141C-- insert-- `(5) The chief executive must, within 5 business days after making a variation under subsection (3), give the EPA administering authority written notice of the variation.'.'. 6 Clause 37 (Amendment of s 147A (Decision on application))-- At page 23, lines 11 to 23-- omit. 7 Clause 71 (Insertion of new pt 7AAB)-- At page 46, lines 22 and 23-- omit, insert-- `(d) land prescribed under a regulation (prescribed land).'. 8 Clause 71 (Insertion of new pt 7AAB)-- At page 46, lines 24 to 26-- omit, insert-- ` `(2) A regulation may be made under subsection (1)(d) only if the land to which this section applies will, after the making of the regulation, be a contiguous parcel of land.'. 9 Clause 75 (Insertion of new pt 19, div 1AA)-- At page 55 lines 19 to 27, page 56, lines 1 to 30, page 57, lines 1 to 28 and page 58, lines 1 to 3-- omit. 10 Clause 76 (Amendment of s 741 (Unfinished special coal mining lease applications))-- At page 58, lines 4 to 14-- Page 2
Mines and Energy Legislation Amendment Bill 2008 omit. 11 Clause 77 (Insertion of new pt 19, div 11)-- At page 60, lines 8 to 30 and page 61, lines 1 to 17-- omit, insert-- ` `771 Payment of rent for special agreement Act leases `(1) From the commencement of this section-- (a) the designated rental provision applies for the payment of rent under any special agreement Act lease; and (b) a provision of any of the following ceases to apply to the extent the provision conflicts with the designated rental provision-- (i) a special agreement Act; (ii) an agreement mentioned in a special agreement Act; (iii) a special agreement Act lease. `(2) The application of the designated rental provision is subject to subdivision 1. `(3) To remove any doubt, it is declared that the designated rental provision applies as mentioned in subsection (1)(a) despite the relevant special agreement Act and the repealed transitional schedule. `(4) This section does not affect or otherwise limit the application of section 290A to a special agreement Act lease. `(5) In this section-- designated rental provision, for a special agreement Act lease, means-- (a) if the lease has been renewed since 1 September 1990--section 290; or (b) if the lease has not been renewed since 1 September 1990--modified section 290. Page 3
Mines and Energy Legislation Amendment Bill 2008 modified section 290 means section 290 changed so that the references in section 290(4) and (5)(b) to the prescribed amount for a rental year are, for a special agreement Act lease, references to the rental payable for the period that corresponds to that year under the relevant-- (a) special agreement Act; or (b) agreement mentioned in a special agreement Act; or (c) special agreement Act lease. repealed transitional schedule means the former schedule to this Act that was repealed by the Offshore Minerals Act 1998. Editor's note-- For access to the schedule, see reprint 4 of this Act. special agreement Act means an Act mentioned in the table to section 3(1) of the repealed transitional schedule. special agreement Act lease means a lease mentioned in section 3(1)(b) of the repealed transitional schedule.'.'. © State of Queensland 2008
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