{"id":"energy-resources-act-2000","name":"Energy Resources Act 2000","slug":"energy-resources-act-2000","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31986,"registerId":"sa-energy-resources-act-2000-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1—Preliminary\n","sortOrder":0},{"sectionNumber":"Div 1","sectionType":"division","heading":"Formal","content":"Division 1—Formal\n1—Short title\nThis Act may be cited as the Energy Resources Act 2000.\n","sortOrder":1},{"sectionNumber":"Div 2","sectionType":"division","heading":"Objects of Act","content":"Division 2—Objects of Act\n3—Objects\nThe objects of this Act are—\n\t(a)\tto establish an effective, efficient and flexible regulatory scheme to enable the exploration for, and the recovery, production, transmission, storage and management of, energy resources that encourages and maintains an appropriate level of competition; and\n\t(b)\tto ensure that energy rights and resources are managed for the benefit of the State; and\n\t(c)\tto ensure that the exploration for, and the recovery, production, transmission, storage and management of, energy resources is carried out safely and is ecologically sustainable; and\n\t(d)\tto ensure that regulated activities that may have adverse effects on the environment—\n\t(i)\tare properly managed to reduce environmental damage; and\n\t(ii)\tare carried out in a way that eliminates or limits the risk of significant long term environmental damage; and\n\t(e)\tto ensure as far as reasonably practicable, security of supply for users of natural gas; and\n\t(f)\tto ensure that land adversely affected by regulated activities is properly rehabilitated; and\n\t(g)\tto establish appropriate consultative processes with people directly affected by regulated activities including Aboriginal people and the public generally; and\n\t(h)\tto protect the public from risks inherent in regulated activities.\n","sortOrder":2},{"sectionNumber":"Div 3","sectionType":"division","heading":"Interpretation","content":"Division 3—Interpretation\n4—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\nAdelaide Dolphin Sanctuary has the same meaning as in the Adelaide Dolphin Sanctuary Act 2005;\nadministrative penalty—see section 136;\napproved form means a form approved by the Minister;\nassociated facilities—see section 56(2);\nauthorised activity means a regulated activity authorised by a licence;\nauthorised officer means a person appointed as an authorised officer under section 8;\ncompetitive tender region means a part of the State designated as a competitive tender region under section 16;\ndepartment means the department of the Public Service assigned to assist the Minister in the administration of this Act;\ndiscretionary condition of a licence means a condition that is imposed at the discretion of the Minister under this Act;\neasement includes the statutory easement under the Natural Gas Authority Act 1967;\nenergy resource means—\n\t(a)\ta regulated substance; or\n\t(b)\ta regulated resource; or\n\t(c)\ta resource reasonably necessary for, or incidental to, undertaking a regulated activity;\nenvironment includes—\n\t(a)\tland, air, water (including both surface and underground water and sea water), organisms, ecosystems, flora and fauna; and\n\t(b)\tbuildings, structures and other forms of infrastructure and cultural artefacts; and\n\t(c)\texisting and potential land use; and\n\t(d)\tpublic health, safety or amenity; and\n\t(e)\tthe heritage, aesthetic or cultural values of an area; and\n\t(f)\tthe economic or social impact on an area;\nERD Court means the Environment, Resources and Development Court;\nfacility means any of the following that are reasonably necessary for, or incidental to, undertaking a regulated activity:\n\t(a)\ta pipeline or flowline;\n\t(b)\ta road or access track;\n\t(c)\ta borrow pit for construction purposes;\n\t(d)\tany equipment to be used in undertaking a regulated activity (including production testing equipment);\n\t(e)\ta water disposal pond;\n\t(f)\ta well;\n\t(g)\tan airstrip;\n\t(h)\ta power line;\n\t(i)\ttelecommunications infrastructure, other than mobile telecommunications equipment;\n\t(j)\tpermanent fencing;\n\t(k)\tdrilling and well intervention equipment;\n\t(l)\ta camp;\n\t(m)\tany other thing brought within the ambit of this definition by the regulations,\nbut does not include any thing excluded from the ambit of this definition by the regulations;\nformer licensee includes a person who held a licence under the repealed Act;\ngeothermal energy means thermal energy contained in subsurface rock or other subterranean substances;\nGST means the tax payable under the GST law;\nGST component means a component attributable to a liability to GST;\nGST law means—\n\t(a)\tA New Tax System (Goods and Services Tax) Act 1999 (Cwth); and\n\t(b)\tthe related legislation of the Commonwealth dealing with the imposition of a tax on the supply of goods and services;\njoint venture includes a partnership;\nland includes an estate or interest in land or right in respect of land;\nleading performance criteria means criteria used to give an early warning that a control or other strategy necessary for compliance with a statement of environmental objectives—\n\t(a)\tis absent; or\n\t(b)\tmay fail or be failing;\nlicence means—\n\t(a)\ta speculative survey licence; or\n\t(b)\tan exploration licence (in any of its 4 categories—see section 21); or\n\t(c)\ta retention licence (in any of its 4 categories—see section 28); or\n\t(d)\ta production licence (in any of its 4 categories—see section 34); or\n\t(e)\ta preliminary survey licence; or\n\t(f)\ta pipeline licence; or\n\t(g)\tan associated activities licence; or\n\t(h)\ta special facilities licence;\nmandatory condition of a licence means a condition that must be imposed under a provision of this Act;\nmarine park has the same meaning as in the Marine Parks Act 2007;\nMurray-Darling Basin has the same meaning as in the Murray-Darling Basin Act 1993;\nnatural gas means petroleum that is, or would be, gaseous, at Standard Temperature and Pressure;\nnatural reservoir means a part of a geological structure (including one that has been artificially modified)—\n\t(a)\tin which a regulated substance has accumulated; or\n\t(b)\twhich is suitable for the storage of a regulated substance;\nowner of land means each of the following (insofar as may be relevant in the circumstances of the particular case):\n\t(a)\ta person who holds an estate in fee simple in the land;\n\t(b)\ta person who holds a lease or licence over the land issued by the Crown;\n\t(c)\ta person who is in possession of the land under a lease registered in the Lands Titles Registration Office or deposited in the General Registry Office and noted against the land;\n\t(d)\ta person who has, by statute, the care, control or management of the land;\n\t(e)\ta person who holds a tenement over or in relation to the land (including in relation to a stratum of the land), other than a speculative survey licence or a preliminary survey licence;\n\t(ea)\ta person who holds a licence under the Hydrogen and Renewable Energy Act 2023;\n\t(f)\twithout limiting a preceding paragraph, a person in actual possession of the land under a right of exclusive possession;\n\t(g)\ta person who—\n\t(i)\tholds native title in the land; or\n\t(ii)\tis the registered representative of claimants to native title within the meaning of the Native Title (South Australia) Act 1994,\n(with these subparagraphs being in the alternative);\n\t(h)\ta person of a class brought within the ambit of this definition by the regulations;\npetroleum means a naturally occurring substance consisting of a hydrocarbon or mixture of hydrocarbons in gaseous, liquid or solid state but does not include coal or shale unless occurring in circumstances in which the use of techniques for coal seam methane production or in situ gasification would be appropriate or unless constituting a product of coal gasification (whether produced below or above the ground) for the purposes of the production of synthetic petroleum;\npipeline means a pipe or system of pipes for conveying a regulated substance from place to place and includes—\n\t(a)\ttanks, machinery and equipment necessary for, or associated with, its operation; and\n\t(b)\ta part of a pipeline;\npipeline land means an interest in land (including an easement) acquired for the construction, maintenance or operation of a transmission pipeline;\nprivate land means land alienated from the Crown by the grant of an estate in fee simple or a possessory interest conferring a right to exclusive possession of the land;\nproducing a regulated resource means—\n\t(a)\tin the case of geothermal energy—releasing geothermal energy for an industrial or commercial purpose; and\n\t(b)\tin the case of a natural reservoir—using the natural reservoir for the storage of a regulated substance;\nproducing a regulated substance means recovering or releasing a regulated substance from a natural reservoir in which it has been contained in the course, or as a result, of operations carried out by a person (and production is taken to occur when it reaches ground level);\nprospectivity of an area means its potential for the discovery of regulated resources;\npublic land means any land that is not private land;\nrecord includes the following:\n\t(a)\ta document;\n\t(b)\tgeological samples;\n\t(c)\tsamples of water or a regulated substance;\nregulated activity—see section 10;\nregulated resource means—\n\t(a)\ta naturally occurring underground accumulation of a regulated substance; or\n\t(b)\ta source of geothermal energy; or\n\t(c)\ta natural reservoir; or\n\t(d)\tany other thing brought within the ambit of this definition by the regulations;\nregulated substance means—\n\t(a)\tpetroleum; or\n\t(b)\thydrogen sulphide; or\n\t(ba)\thydrogen, including a hydrogen compound or other substance that is a by‑product of the creation of hydrogen; or\n\t(c)\tnitrogen; or\n\t(d)\thelium; or\n\t(e)\tcarbon dioxide; or\n\t(ea)\tany other substance that naturally occurs in association with petroleum; or\n\t(f)\tany substance declared by regulation to be a substance to which this Act applies;\nrelevant Act means—\n\t(a)\tin relation to the Adelaide Dolphin Sanctuary—the Adelaide Dolphin Sanctuary Act 2005; or\n\t(b)\tin relation to a marine park—the Marine Parks Act 2007; or\n\t(c)\tin relation to a River Murray Protection Area or the Murray‑Darling Basin—the River Murray Act 2003;\nrelevant court means—\n\t(a)\twhere the amount or value of the claim to which the proceedings relate is $150 000 or less—the Warden's Court; or\n\t(b)\tin any other case—the Supreme Court;\nrelevant Minister means—\n\t(a)\tin relation to the Adelaide Dolphin Sanctuary—the Minister to whom the administration of the Adelaide Dolphin Sanctuary Act 2005 is committed; or\n\t(b)\tin relation to a marine park—the Minister to whom the administration of the Marine Parks Act 2007 is committed; or\n\t(c)\tin relation to a River Murray Protection Area or the Murray‑Darling Basin—the Minister to whom the administration of the River Murray Act 2003 is committed;\nrepealed Act means the Petroleum Act 1940;\nRiver Murray Protection Area means a River Murray Protection Area under the River Murray Act 2003;\nspecially protected area means—\n\t(a)\tthe Adelaide Dolphin Sanctuary; or\n\t(b)\ta marine park; or\n\t(c)\ta River Murray Protection Area;\ntenement means a lease, licence or other right relating to exploration for, or the production, recovery, management, conveyance, processing or delivery of, minerals or regulated resources (as the case requires) under any of the following:\n\t(a)\tthis Act;\n\t(b)\tthe Mining Act 1971 or the Opal Mining Act 1995;\n\t(c)\tthe Cooper Basin (Ratification) Act 1975, the Roxby Downs (Indenture Ratification) Act 1982 or the Stony Point (Liquids Project) Ratification Act 1981;\n\t(d)\tany other Act brought within the ambit of this definition by the regulations;\ntransmission pipeline means a pipeline for conveying a regulated substance from place to place, but does not include—\n\t(a)\ta pipeline located within the site of an industrial plant; or\n\t(b)\ta pipeline that forms part of a gas distribution system within a city, town or other centre of population or industry; or\n\t(c)\tif a pipeline extends beyond State boundaries—the parts of the pipeline located outside the State; or\n\t(d)\ta pipeline of a kind excluded from the ambit of this definition by the regulations.\n\t(2)\tA reference in this Act to a regulated substance extends to a mixture of substances of which the regulated substance is a constituent part.\n\t(3)\tFor the purposes of this Act, the storage of a regulated substance may include circumstances where it is intended that the regulated substance be held indefinitely in a natural reservoir.\n","sortOrder":3},{"sectionNumber":"Div 4","sectionType":"division","heading":"Rights of the Crown","content":"Division 4—Rights of the Crown\n5—Rights of the Crown\n\t(1)\tThe property in regulated resources is vested (or continues to be vested) in the Crown.\n\t(2)\tOn the production of a regulated substance by a person lawfully entitled to produce the regulated substance, it becomes the property of the person who produced it.\n\t(3)\tThe property in a regulated substance placed in a natural reservoir for storage purposes (after being produced or acquired in some other way) is not affected by that placing or storage.\n","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Administration","content":"Part 2—Administration\nDivision 1—The Minister\n6—Administration\nThe Minister has the general administration of this Act.\n6A—Interaction with other legislation\nThe Minister must, in acting in the administration of this Act, take into account the following insofar as they may be relevant:\n\t(a)\tthe objects and objectives of the Adelaide Dolphin Sanctuary Act 2005;\n\t(b)\tthe objects of the Marine Parks Act 2007;\n\t(c)\tthe objects of the Landscape South Australia Act 2019;\n\t(d)\tthe objects of the River Murray Act 2003 and the Objectives for a Healthy River Murray under that Act.\n7—Delegation\n\t(1)\tThe Minister may—\n\t(a)\tdelegate any of the Minister's powers or functions under this Act to a specified person, or a person holding or acting in a specified office or position; or\n\t(b)\tvary or revoke a delegation under this section.\n\t(1a)\tThe Treasurer may—\n\t(a)\tdelegate any of the Treasurer's powers or functions under this Act to a specified person, or a person holding or acting in a specified office or position; or\n\t(b)\tvary or revoke a delegation under this section.\n\t(2)\tIf the terms of an instrument of delegation allow for subdelegation, the delegate may subdelegate the power or function in accordance with the instrument.\n\t(3)\tA delegation or subdelegation does not prevent the exercise of a delegated power or function by the delegator.\n\t(4)\tNotice of a delegation or subdelegation, or the variation or revocation of a delegation or subdelegation, under this section is to be published in the Gazette.\nDivision 2—Authorised officers\n8—Authorised officers\n\t(1)\tThe Minister may, by instrument in writing, appoint a person to be an authorised officer under this Act.\n\t(2)\tAn appointment under this section may be subject to conditions set out in the instrument of appointment.\n\t(3)\tWithout limiting this section, a person appointed as an inspector under the Work Health and Safety Act 2012 will be taken to have been appointed as an authorised officer under this section.\n9—Identity cards\n\t(1)\tSubject to subsection (3), the Minister must issue to each authorised officer an identity card—\n\t(a)\tstating the name of the authorised officer; and\n\t(b)\tcontaining a photograph of the authorised officer; and\n\t(c)\tstating that the person whose name and photograph appear on the card is an authorised officer for this Act.\n\t(2)\tIf an authorised officer proposes to exercise powers under this Act against a person, the authorised officer must, if practicable, produce the identity card for inspection.\n\t(3)\tIf an authorised officer is an inspector under the Work Health and Safety Act 2012—\n\t(a)\tthe Minister is not required to issue an identity card to the inspector; and\n\t(b)\tfor the purposes of subsection (2), a reference to an identity card will be taken to include an identity card issued to the inspector under section 157 of that Act.\nDivision 3—Authorised investigation or survey\n9A—Authorised investigation or survey\n\t(1)\tSubject to this section, an authorised person may, for the purpose of making any geological, geophysical or geochemical investigation or survey—\n\t(a)\tenter and remain on any land with such assistants, vehicles and equipment as may be necessary or expedient for the purposes of the investigation or survey; and\n\t(b)\tconduct such an investigation or survey on the land; and\n\t(c)\ttake, and remove from the land, any geological specimens or samples.\n\t(2)\tAn authorised person must not undertake an investigation or survey under this section unless the authorised person has, at least 14 days before entering the land, given written notice, in a manner and form determined by the Minister, to the owner of land and any licensee in respect of an area of land in which the investigation or survey will be undertaken—\n\t(a)\tdescribing the area of land in which the investigation or survey will be undertaken; and\n\t(b)\tsetting a completion date in respect of the investigation or survey.\n\t(3)\tAn authorised person—\n\t(a)\tmust not recover from any land more material than is reasonably necessary for the purpose of making the relevant investigation or survey; and\n\t(b)\tmust not unnecessarily impede or obstruct the lawful use or enjoyment of any land by an owner of the land; and\n\t(c)\tif the authorised person is not the Minister—must provide the Minister with the results of the investigation or survey conducted by the person in a manner, and within a period, specified by the Minister in the notice of authorisation.\n\t(4)\tThe Minister must, at least 14 days before an authorised person undertakes an investigation or survey under this section, by notice in the Gazette—\n\t(a)\tdescribe the area of land in which the investigation or survey will be undertaken; and\n\t(b)\tset a completion date in respect of the investigation or survey.\n\t(5)\tThe Minister may vary the completion date set under subsection (4)(b) by further notice in the Gazette, and must notify the owner of land and any licensee in respect of the area of land in which the investigation or survey is being undertaken of the varied completion date.\n\t(6)\tThe Minister may refuse to receive and consider an application for a licence under this Act in respect of the land described in a notice under subsection (4) until the completion date set by the Minister.\n\t(7)\tThe Minister may publish, in a manner the Minister thinks fit, the results of an investigation or survey made under this section.\n\t(8)\tA person must not, without reasonable excuse, hinder or obstruct a person exercising a power under this section.\nMaximum penalty: $20 000 or imprisonment for 6 months.\n\t(9)\tIn this section—\nauthorised person means a person authorised by the Minister by notice in the Gazette to undertake an investigation or survey under subsection (1).\n","sortOrder":5},{"sectionNumber":"Part 3","sectionType":"part","heading":"Licensing regulated activities","content":"Part 3—Licensing regulated activities\nDivision 1—Requirement for licence\n10—Regulated activities\n\t(1)\tSubject to subsection (2), the following are regulated activities:\n\t(a)\texploring for a regulated resource;\n\t(b)\toperations to establish the nature and extent of a discovery of a regulated resource, and to establish the commercial feasibility of production and the appropriate production techniques;\n\t(c)\tproducing or processing a regulated substance;\n\t(d)\tutilising a natural reservoir to store a regulated substance (including in a case where a trace element naturally occurs with the regulated substance);\n\t(e)\tproducing geothermal energy;\n\t(f)\tproducing or generating energy from a source of geothermal energy;\n\t(g)\tconstructing, operating, maintaining, modifying or decommissioning a transmission pipeline;\n\t(h)\tactivities for the rehabilitation of land on account of the impact of activities under a preceding paragraph;\n\t(i)\tany other activity brought within the ambit of this definition by the regulations;\n\t(2)\tThe following are not regulated activities:\n\t(a)\tan authorised investigation or survey under section 9A;\n\t(b)\texploratory operations conducted at a height of 500m or more above the surface of the ground;\n\t(c)\tproducing hydrogen—\n\t(i)\tby means of natural gas reformation; or\n\t(ii)\tby means of electrolysis of water;\n\t(d)\tprocessing petroleum into a refined petroleum product such as motor fuel, diesel or lubricating oils;\n\t(e)\tprocessing a regulated substance into urea, ammonia or a synthetic polymer.\n\t(3)\tA reference to a regulated activity includes all operations and activities reasonably necessary for, or incidental to, that activity such as (for example)—\n\t(a)\tphysical and geophysical surveys of land (other than as authorised under section 9A);\n\t(c)\tthe injection of water or some other substance into a natural reservoir in order to enhance production of a regulated substance;\n\t(d)\tforcing water or some other substance through a source of geothermal energy in order to absorb thermal energy and enable its recovery or utilisation at the surface;\n\t(e)\tthe processing of substances recovered from a well;\n\t(f)\tconstructing, operating, maintaining, modifying or decommissioning a facility;\n\t(i)\twater disposal.\n11—Requirement for licence\nA person must not engage in a regulated activity unless the activity is authorised under this Act.\nMaximum penalty: $120 000.\n","sortOrder":6},{"sectionNumber":"Div 1A","sectionType":"division","heading":"Hydraulic Fracturing","content":"Division 1A—Hydraulic Fracturing\n11A—Moratorium on hydraulic fracturing\n\t(1)\tDespite any other provision of this Act, the Minister must not, during the prescribed period, grant a licence under this Act that authorises the carrying out of hydraulic fracturing within the designated area.\n\t(2)\tA condition of a licence that purports to authorise the carrying out of hydraulic fracturing will be taken to be void and of no effect.\n\t(3)\tSubsection (2) applies to a licence granted before or after the commencement of this section.\n\t(4)\tNo compensation is payable by or on behalf of the Crown, the Minister or any other person in connection with the operation of this section.\n\t(5)\tIn this section—\ndesignated area means the area comprised of the following council areas:\n\t(a)\tthe area of the City of Mount Gambier;\n\t(b)\tthe area of the District Council of Grant;\n\t(c)\tthe area of the Kingston District Council;\n\t(d)\tthe area of the Naracoorte Lucindale Council;\n\t(e)\tthe area of The District Council of Robe;\n\t(f)\tthe area of The Tatiara District Council;\n\t(g)\tthe area of the Wattle Range Council;\nhydraulic fracturing means the high‑pressure injection of a substance or a combination of substances into a wellbore so as to create, or that is likely to create, fractures in rocks or rock formations;\nprescribed period means the period beginning on the commencement of this section and ending on the tenth anniversary of that commencement;\nwellbore includes a reference to a hole, tunnel or well drilled into the ground to aid in the exploration and recovery of natural resources.\nDivision 2—Grant of licence\n12—General authority to grant licence\n\t(1)\tThe Minister may, subject to this Act, grant a licence.\n\t(2)\tIf an application for the grant or renewal of a licence relates to an area within or adjacent to a specially protected area, the Minister must, before making his or her decision on the application, refer the application to the relevant Minister and consult with the relevant Minister in relation to the matter.\n\t(3)\tIf an application for the grant or renewal of a licence is referred to a relevant Minister and the Minister to whom the administration of this Act is committed and the relevant Minister cannot agree—\n\t(a)\ton whether a licence should be granted or renewed; or\n\t(b)\tif a licence is granted or renewed, on the conditions to which the licence should be subject,\nthe Ministers must take steps to refer the matter to the Governor and the Governor will determine the matter (and any decision taken by the Governor will be taken to be a decision of the Minister under this Act).\n13—Licence classes\nLicences are of the following classes:\n\t(a)\tpreliminary survey licence; and\n\t(b)\tspeculative survey licence; and\n\t(c)\texploration licence (with 4 categories of licence under this Act); and\n\t(d)\tretention licence (with 4 categories of licence under this Act); and\n\t(e)\tproduction licence (with 4 categories of licence under this Act); and\n\t(f)\tpipeline licence; and\n\t(g)\tassociated activities licence; and\n\t(h)\tspecial facilities licence.\n13A—Licence is not personal property for the purposes of Commonwealth Act\nA licence is not personal property for the purposes of the Personal Property Securities Act 2009 of the Commonwealth.\nDivision 3—Preliminary survey licence\n14—Preliminary survey licence\n\t(1)\tA preliminary survey licence authorises the licensee to carry out a survey, environmental evaluation, or other form of assessment preparatory to the carrying out of regulated activities on land.\n\t(2)\tA preliminary survey licence may authorise incidental matters such as (for example) marking out the proposed route of a pipeline on land.\n\t(3)\tThe rights conferred on the holder of a preliminary survey licence are not exclusive.\n\t(4)\tThe Minister may, on application by a licensee holding a preliminary survey licence, approve the variation of the area to which the licence relates.\n15—Term of preliminary survey licence\n\t(1)\tThe term of a preliminary survey licence is 1 year.\n\t(2)\tA preliminary survey licence may be renewed from time to time for a further term.\n","sortOrder":7},{"sectionNumber":"Part 4","sectionType":"part","heading":"Exploration","content":"Part 4—Exploration\nDivision 1—Competitive tender regions\n16—Minister may declare competitive tender region\n\t(1)\tThe Minister may, by notice in the Gazette, declare the whole or an area of the State specified in the notice as a competitive tender region in respect of exploration for energy resources.\n\t(2)\tA declaration under subsection (1)—\n\t(a)\tmust specify the energy resource in relation to which the competitive tender region is to be declared; and\n\t(b)\tmust specify whether the declaration is in respect of the whole State or a designated area specified in the notice; and\n\t(c)\thas effect from the day or for the period specified in the notice.\n\t(3)\tIf a declaration of a competitive tender region under this section is in force—\n\t(a)\tan application for an exploration licence for an energy resource specified in the declaration in respect of the declared area must not be made except in response to a call for tenders under section 22; and\n\t(b)\ta right of exploration must not be granted for exploration for an energy resource not specified in the declaration in respect of the declared area.\nDivision 2—Speculative survey\n17—Speculative survey licence\n\t(1)\tA speculative survey licence authorises the licensee to carry out exploratory operations of the kind specified in the licence in the licence area.\n\t(2)\tA speculative survey licence cannot authorise drilling beyond a depth of 300 metres.\n\t(3)\tThe right to carry out exploratory operations conferred by a speculative survey licence is not an exclusive right.\n18—Area of speculative survey licence\n\t(1)\tA speculative survey licence may be granted for 1 or more separate areas.\n\t(2)\tHowever, the total area of a speculative survey licence cannot exceed 10 000 km2.\n19—Term of speculative survey licence\n\t(1)\tThe term of a speculative survey licence is 1 year.\n\t(2)\tA speculative survey licence may be renewed, from time to time, for a further term.\n20—Consultation preceding grant or renewal of speculative survey licence\nBefore a speculative survey licence is granted or renewed over the area, or part of the area, of an existing licence, the applicant for the speculative survey licence must—\n\t(a)\tconsult with the existing licensee and seek to reach agreement on the activities to be carried out under the speculative survey licence on the area that is to be subject to both licences; and\n\t(b)\tinform the Minister of the result of the consultation.\nDivision 3—Exploration licences\n21—Exploration licences\n\t(1)\tThere will be 4 categories of exploration licence:\n\t(a)\ta petroleum exploration licence;\n\t(b)\ta geothermal exploration licence;\n\t(c)\ta gas storage exploration licence;\n\t(d)\ta regulated substance exploration licence.\n\t(2)\tAn exploration licence authorises subject to its terms the licensee to carry out in the licence area—\n\t(a)\texploratory operations for energy resources of the kind specified in the licence; and\n\t(b)\twith respect to the energy resources so specified—operations—\n\t(i)\tto establish the nature and extent of a discovery of regulated resources;\n\t(ii)\tto establish the feasibility of production and appropriate production techniques.\n\t(3)\tA licensee who holds an exploration licence is entitled, subject to this Act, to the grant of a corresponding retention licence or a corresponding production licence for an energy resource discovered in the licence area.\n22—Call for tenders\n\t(1)\tIf an exploration licence is to be granted for an area within a competitive tender region, the Minister must call for tenders for an exploration licence of the relevant category (taking into account the regulated resources with respect to which the region has been declared).\n\t(2)\tThe Minister has a discretion to call for tenders for an exploration licence in other cases.\n\t(3)\tA call for tenders is made by notice published in the Gazette inviting applications for the grant of an exploration licence of the relevant category for an area specified in the notice.\n\t(4)\tThe notice—\n\t(a)\tmust specify a period within which applications are to be made; and\n\t(b)\tmust state the criteria by reference to which applications are to be evaluated; and\n\t(c)\tmay include information about any special terms and conditions subject to which the exploration licence is to be granted; and\n\t(d)\tmay include other information the Minister considers appropriate.\n\t(5)\tThe selection of an applicant is not complete until the applicant executes the licence.\n\t(6)\tOn the selection of a successful applicant from among those who apply in response to an advertisement under this section, the Minister must—\n\t(a)\tpublish in the Gazette a statement of the basis for the selection of the successful applicant, including the successful applicant's proposed work program; and\n\t(b)\tgive any unsuccessful applicant written notice of the reasons for the rejection of the application.\n23—Criteria to be considered for granting exploration licence\nIn considering an application for the grant of an exploration licence, the Minister must have regard to—\n\t(a)\tthe suitability of applicant's proposed work program for evaluating the prospectivity of the licence area and discovering regulated resources; and\n\t(b)\tthe adequacy of the applicant's technical and financial resources; and\n\t(c)\tif applications have been invited for the licence by public advertisement—the stated criteria for evaluation of the applications.\n24—Areas for which licence may be granted\n\t(1)\tAn exploration licence may be granted for 1 or more separate areas.\n\t(2)\tHowever, the total licence area cannot exceed—\n\t(a)\tin the case of a gas storage exploration licence—2 500 km2;\n\t(b)\tin the case of a geothermal exploration licence—3 000 km2;\n\t(c)\tin the case of a petroleum exploration licence or a regulated substance exploration licence—10 000 km2.\n25—Work program to be carried out by exploration licensee\n\t(1)\tIt is a mandatory condition of an exploration licence that the licensee must carry out work in the licence area in accordance with a work program approved by the Minister.\n\t(2)\tA proposed work program is to be submitted for the Minister's approval with an application for the grant or renewal of an exploration licence.\n\t(3)\tThe Minister may approve the proposed work program with or without addition or variation.\n\t(4)\tThe Minister may approve deferment, variation or reduction of the work to the carried out under an approved work program.\n\t(4a)\tHowever, Ministerial approval is not required for the acceleration of the work to be carried out under an approved work program.\n\t(5)\tIf a licence was granted on the basis of competitive tender, the Minister—\n\t(a)\tmust, before approving deferment, variation or reduction of the work to be carried out under an approved work program—have regard to work programs proposed by other applicants for the licence; and\n\t(b)\tmust publish in the Gazette notice of the approval stating the effect of the approval.\n\t(6)\tThe Minister may, as a condition of approving the reduction or deferment of work under subsection (4), require the licensee to relinquish a specified portion of the licence area.\n26—Term and renewal of exploration licence\n\t(1)\tThe term of an exploration licence is 5 years or such term of less than 5 years as specified by the Minister in a particular case.\n\t(2)\tAn exploration licence may be granted on terms under which the licence is to be renewable for a further term or 2 further terms (as specified by the Minister at the time of the grant of the licence).\n\t(3)\tSubject to a succeeding subsection, a licence that is renewable for one further term must provide for the excision, on renewal, of an area equal to at least 50% of the original licence area and a licence that is renewable for 2 further terms must provide for the excision, on each renewal, of an area equal to at least 33⅓% of the original licence area.\n\t(4)\tThe area to be excised is to be determined by the Minister—\n\t(a)\tif the licensee puts a proposal to the Minister in the application for renewal of the licence and the Minister accepts the proposal—on the basis of that proposal; or\n\t(b)\tin any other case—after the Minister has put a proposal to the licensee and has considered any representations made by the licensee within 14 days after notice of the proposal is given to the licensee.\n\t(5)\tThe Minister must accept the licensee's proposal under subsection (4)(a) if it reasonably allows for the grant of new exploration licences over the area or areas to be excised.\n\t(5a)\tSubsections (3), (4) and (5) do not apply in relation to a gas storage exploration licence.\n\t(5b)\tThe area to be subject to an excision under subsection (3) will be reduced by an amount equal to the area of any production licence or retention licence granted during the immediately preceding term of the exploration licence.\n\t(6)\tWhen a licence falls due for renewal, the licensee, if not in default under the licence, is entitled to the renewal of the licence in accordance with the terms of the licence.\n27—Production of regulated resource under exploration licence\n\t(1)\tThe holder of a petroleum exploration licence or a regulated substance exploration licence may produce a regulated substance from a well in the licence area for the purpose of establishing the nature and extent of a discovery.\n\t(1a)\tThe holder of a geothermal exploration licence may produce geothermal energy from a well in the licence area for the purpose of establishing the nature and extent of a discovery.\n\t(2)\tHowever, the licensee must not produce a regulated resource from a well for more than 10 days in aggregate without the Minister's approval.\n\t(2a)\tThe holder of a gas storage exploration licence may place a regulated substance in a natural reservoir for the purpose of establishing the suitability of the natural reservoir for storage purposes.\n\t(3)\tThe Minister may grant an approval under this section on conditions the Minister considers appropriate.\n","sortOrder":8},{"sectionNumber":"Part 5","sectionType":"part","heading":"Retention","content":"Part 5—Retention\n28—Retention licences\n\t(1)\tThere will be 4 categories of retention licence:\n\t(a)\ta petroleum retention licence;\n\t(b)\ta geothermal retention licence;\n\t(c)\ta gas storage retention licence;\n\t(d)\ta regulated substance retention licence.\n\t(2)\tA retention licence protects the interests of the licensee in a regulated resource of the kind relevant to the category of the licence for a reasonable period in connection with 1 or more of the following purposes:\n\t(a)\tto facilitate—\n\t(i)\tproper evaluation of the productive potential of a discovery that has been made by the licensee; or\n\t(ii)\tcarrying out the work necessary to bring the discovery to commercial production; or\n\t(iii)\twithout limiting a preceding subparagraph, in the case of a gas storage retention licence—the testing of the natural reservoir for the storage of a regulated substance;\n\t(b)\twithout limiting paragraph (a), to provide a means by which the licensee may maintain an interest in a regulated resource until production is commercially feasible (subject to limits and conditions under this Act);\n\t(c)\tto facilitate other activities considered appropriate by the Minister.\n\t(3)\tAccordingly, a retention licence authorises the licensee to carry out in the licence area (according to the terms of the licence)—\n\t(a)\toperations to establish the nature and extent of a discovery of regulated resources; and\n\t(b)\toperations to establish the commercial feasibility of production and appropriate production techniques; and\n\t(c)\tother regulated activities specified in the licence.\n30—Grant of retention licence\n\t(1)\tSubject to this Act, a person is, on application, entitled to the grant of a petroleum retention licence, a regulated substance retention licence or a geothermal retention licence in respect of a discovery of a relevant resource if—\n\t(a)\ta regulated resource has been discovered in the area for which the retention licence is to be granted and the existence of the regulated resource has been demonstrated by the drilling of at least one well; and\n\t(b)\tthe person holds, or held at the time of the application for the retention licence, an exploration licence or a production licence over the area for which the retention licence is to be granted; and\n\t(c)\tthe exploration licence or production licence authorised exploration for or production of a regulated resource of the relevant kind; and\n\t(d)\tthe Minister is satisfied that production of the regulated resource is not currently commercially feasible, but is more likely than not to become commercially feasible within 15 years.\n\t(1a)\tSubject to this Act, a person is, on application, entitled to the grant of a gas storage retention licence in respect of a natural reservoir if the Minister is satisfied as to 1 or both of the following:\n\t(a)\tthat it is reasonable to facilitate the testing of the natural reservoir for the storage of a regulated substance;\n\t(b)\tthat the use of the natural reservoir for the storage of a regulated substance is not currently commercially feasible or reasonable (including by virtue of the fact that production of a regulated substance from a related area is not currently commercially feasible).\n\t(2)\tIf the holder of an exploration or production licence is in default under the terms of the licence, the Minister may decline to grant a retention licence until the default is remedied.\n31—Area of retention licence\n\t(1)\tThe area of a petroleum retention licence or regulated substance retention licence must not exceed—\n\t(a)\ttwice the area under which (according to a reasonable estimate at the time when the licence was granted or last renewed) the discovery is likely to extend; or\n\t(b)\t10 000 km²,\nwhichever is the lesser.\n\t(2)\tThe area of a geothermal retention licence or gas storage retention licence must not exceed 1 000 km2.\n32—Term of retention licence\n\t(1)\tThe term of a retention licence is 5 years or such term of less than 5 years as specified by the Minister in a particular case.\n\t(2)\tA retention licence may be renewed from time to time for a further term but only if the Minister is satisfied that production is not currently commercially feasible but is more likely than not to become commercially feasible within the next 15 years.\n\t(3)\tHowever, in the case of a gas storage retention licence it is unnecessary to be satisfied as to the 15 year period referred to in subsection (2) unless the Minister assesses or determines that the natural reservoir is more likely than not to be used in connection with the production of petroleum.\n\t(4)\tSubsection (3) does not derogate from the operation of section 36 or 79.\n33—Work program to be carried out by retention licensee\n\t(1)\tA retention licence may include a mandatory condition requiring the licensee to carry out work, in accordance with a work program approved by the Minister, for either or both of the following purposes:\n\t(a)\tto establish the nature and extent of a discovery of regulated resources;\n\t(b)\tto establish the commercial feasibility of production and appropriate production techniques.\n\t(2)\tA work program to be carried out under the licence must, if the Minister so requires, be submitted with the application for the licence and from time to time as required under the conditions of the licence.\n\t(3)\tThe Minister may approve a proposed work program with or without addition or variation.\n\t(4)\tThe Minister may, on application by a licensee—\n\t(a)\tapprove deferment of the work to be carried out under an approved work program; and\n\t(b)\tapprove variation of the work program by substitution for work previously programmed of work that is, in the Minister's opinion, of equal or greater value.\n\t(5)\tTo avoid doubt, Ministerial approval is not required for the acceleration of work to be carried out under an approved work program.\n","sortOrder":9},{"sectionNumber":"Part 6","sectionType":"part","heading":"Production","content":"Part 6—Production\n34—Production licences\n\t(1)\tThere will be 4 categories of production licence:\n\t(a)\ta petroleum production licence;\n\t(b)\ta geothermal production licence;\n\t(c)\ta gas storage licence;\n\t(d)\ta regulated substance production licence.\n\t(2)\tA petroleum production licence authorises, subject to its terms—\n\t(a)\toperations for the recovery of petroleum or some other regulated substance from the ground including—\n\t(i)\toperations involving the injection of petroleum or another substance into a natural reservoir for the recovery (or enhanced recovery) of petroleum or another regulated substance; and\n\t(ii)\tif the licence so provides—the extraction of petroleum or another regulated substance by an artificial means such as in situ gasification or the techniques used to recover coal seam methane;\n\t(b)\toperations for the processing of regulated substances;\n\t(c)\toperations for the storage or withdrawal of petroleum or some other regulated substance for the prudent supply or delivery of the petroleum or other regulated substance to the market.\n\t(3)\tA geothermal production licence authorises, subject to its terms, operations for the extraction or release of geothermal energy.\n\t(4)\tA gas storage licence authorises, subject to its terms—\n\t(a)\toperations for the use of a natural reservoir for the storage of a regulated substance; and\n\t(b)\toperations for the withdrawal of that substance from a natural reservoir.\n\t(4a)\tA regulated substance production licence authorises, subject to its terms, operations of a kind prescribed by the regulations associated with the production of a regulated substance.\n\t(5)\tA production licence also authorises (subject to its terms) the licensee to carry out other regulated activities within the licence area.\n35—Grant of production licence\n\t(1)\tSubject to this Act, a person is, on application, entitled to the grant of a production licence for the production of a regulated resource of a particular kind if—\n\t(a)\ta regulated resource exists in the area for which the production licence is to be granted; and\n\t(b)\tthe person holds, or held at the time of the application for the production licence—\n\t(i)\tan exploration licence or a retention licence over the area for which the production licence is to be granted; or\n\t(ii)\ta mineral tenement under the Mining Act 1971 over the area for which the production licence is to be granted; and\n\t(c)\t—\n\t(i)\tin a case where paragraph (b)(i) applies—the exploration licence authorised exploration for a regulated resource of the relevant kind or the retention licence was granted for a regulated resource of the relevant kind;\n\t(ii)\tin a case where paragraph (b)(ii) applies—the mineral tenement authorised operations for exploration for or the recovery of coal and the production licence is to be granted for in situ gasification or coal seam methane production (and other related activities as the Minister considers appropriate); and\n\t(d)\tproduction is currently commercially feasible or is more likely than not to become commercially feasible within the next 24 months.\n\t(2)\tIf the holder of an exploration or retention licence is in default under the terms of the licence, the Minister may decline to grant a production licence until the default is remedied.\n\t(3)\tIf—\n\t(a)\tthe Minister is satisfied that—\n\t(i)\ta regulated resource exists in a particular area; and\n\t(ii)\tproduction is currently commercially feasible or is more likely than not to become commercially feasible within the next 24 months; but\n\t(b)\tthere is no person who is currently entitled to the grant of a production licence under subsection (1),\nthe Minister may call for tenders for the grant of a production licence and grant a production licence to the applicant who submits the successful tender.\n\t(3a)\tSubsection (3) does not apply if the Minister has entered into a safety net agreement under section 94 in relation to a production licence in respect of a regulated resource in the particular area referred to in subsection (3)(a)(i).\n\t(4)\tSubsections (1)(b) and (c) do not apply if the application is for a gas storage licence.\n\t(5)\tIf a person applies for a gas storage licence that is within the area of an existing production licence (the first application), the Minister must—\n\t(a)\tas soon as practicable after receiving the first application, give written notice of the application to the holder of the existing production licence; and\n\t(b)\tif the holder of the existing production licence applies for a gas storage licence within the area of their licence within a period (which must be at least 6 months) specified by the Minister in the notice given under paragraph (a)—consider the application made by the holder of the existing production licence before considering the first application.\n36—Power to require holder of exploration licence or retention licence to apply for production licence\n\t(1)\tThe Minister may, after consultation with the holder of an exploration licence or a retention licence, give a written notice to the holder stating that—\n\t(a)\tproduction of a regulated resource is, in the Minister's opinion, currently commercially feasible within the whole or a specified part of the licence area; and\n\t(b)\tthe holder of the licence should apply for a production licence of the relevant category for the relevant area within a period (which must be at least 6 months) stated in the notice.\n\t(2)\tIf the holder of the licence does not apply for a production licence for the relevant area within the time stipulated in the notice, the Minister may—\n\t(a)\texcise the relevant area from the exploration or retention licence; and\n\t(b)\tcall for tenders for the grant a production licence for the relevant area; and\n\t(c)\tgrant a production licence to the applicant who submits the successful tender.\n37—Area of production licence\n\t(1)\tThe area of a petroleum production licence or regulated substance production licence must not exceed either of the following limits:\n\t(a)\ttwice the area under which (according to a reasonable estimate at the time of granting the licence) the discovery is more likely than not to extend;\n\t(b)\t100 km2.\n\t(2)\tThe area of a geothermal production licence or gas storage licence must not exceed 1 000 km2.\n38—Work program to be carried out by production licensee\n\t(1)\tA production licence may include a condition requiring the licensee to carry out work—\n\t(a)\tfor the development of the licence area; and\n\t(b)\tfor the production of regulated resources,\nin accordance with a work program approved by the Minister.\n\t(2)\tIf a production licence includes such a condition, a proposed work program must be submitted for the Minister's approval from time to time as required under the relevant licence condition.\n\t(3)\tThe Minister may approve a proposed work program with or without addition or variation.\n\t(4)\tThe Minister may, on application by the licensee, vary an approved work program.\n\t(5)\tHowever, Ministerial approval is not required for the acceleration of the work to be carried out under an approved work program.\n39—Requirement to proceed with production\n\t(1)\tThe holder of a production licence must, subject to this Act, proceed with operations for production of the relevant regulated resources—\n\t(a)\twith due diligence; and\n\t(b)\tin accordance with the conditions of the licence.\nMaximum penalty: $60 000.\n\t(2)\tIf operations for production of the relevant regulated resource have not commenced within 24 months after the grant of the production licence, the Minister may, by written notice given to the holder of the licence, require the holder of the licence to commence the operations.\n\t(3)\tIf, in the Minister's opinion, production from the area of a production licence is practicable and commercially feasible, the Minister may, by written notice given to the licensee, require the licensee to undertake or continue operations in accordance with requirements specified in the notice until the licensee satisfies the Minister that the operations are no longer practicable or commercially feasible.\n\t(4)\tA notice under subsection (3) may require production from the area comprised in a production licence at a rate that is no less than a rate specified in the notice.\n\t(5)\tIf the holder of a production licence fails to proceed with operations for production of a regulated resource as required under the terms of the licence or by notice under this section (and has not entered into arrangements, satisfactory to the Minister, for future production), the Minister may, by written notice to the licensee, cancel the licence.\n40—Term of production licence\nA production licence is to be granted for an unlimited term.\n41—Cancellation or conversion of production licence where commercial operations in abeyance\n\t(1)\tIf operations resulting in production from the licence area on a commercial basis have not been carried on within the area of a production licence for 24 months or more (and the licensee has not entered into arrangements, satisfactory to the Minister, for commencing or resuming such operations at a reasonable future time), the Minister may, by written notice to the licensee—\n\t(a)\tconvert the licence into a retention licence; or\n\t(b)\tcancel the licence.\n\t(2)\tBefore cancelling a licence under this section, the Minister must give the licensee a reasonable opportunity to make representations about the proposed action.\n42—Unitisation of production\n\t(1)\tIf the Minister is satisfied that—\n\t(a)\ta natural reservoir containing, or suitable for storage of, a regulated substance extends beyond the area of a production licence; and\n\t(b)\tthe adjacent area is covered by an exploration, retention or production licence held by a different person,\nthe Minister may, by written notice given to the holders of the respective licences, require them to enter into negotiations with a view to establishing a scheme for working or using the relevant areas as a single unit.\n\t(2)\tIf the holders of the licences fail to reach agreement on the terms of such a scheme within a reasonable time, the Minister may, by written notice given to the licensees, establish such a scheme.\n\t(3)\tBefore the Minister establishes a scheme under this section, the Minister must allow the holders of the licences affected by the scheme a reasonable opportunity to make submissions on the terms of the scheme.\n\t(4)\tA scheme under this section is binding on the holders, for the time being, of the licences affected by the scheme.\n","sortOrder":10},{"sectionNumber":"Part 7","sectionType":"part","heading":"Royalty","content":"Part 7—Royalty\n43—Royalty on regulated resources\n\t(1)\tThe holder of a licence must pay to the Crown a royalty equivalent to the prescribed percentage of the value (at the well head) of a regulated resource produced from land comprised in the licence.\n\t(2)\tThe prescribed percentage is—\n\t(a)\tfor a regulated substance—10%;\n\t(b)\tfor geothermal energy—2.5%.\n\t(3)\tRoyalty is not payable on the following:\n\t(a)\ta regulated substance that—\n\t(i)\thas been placed in a natural reservoir in the area of a production licence for storage purposes; or\n\t(ii)\thas been destroyed or dissipated in accordance with sound production practice; or\n\t(iii)\tis to be used in the course of productive operations, or for purposes incidental to productive operations, that the producer carries out in the State and are associated with production of a regulated substance in the State; and\n\t(b)\tgeothermal energy that is dissipated before it reaches the point of delivery to the purchaser.\n\t(4)\tA licensee must, by the last day of the month immediately following each month in which a regulated substance or geothermal energy is produced, provide the Minister with a return for the relevant month setting out—\n\t(a)\tthe quantity of the regulated substance or energy produced; and\n\t(b)\tthe quantity of any regulated substance or energy sold, and the amount realised on sale; and\n\t(c)\tany other relevant information required by the Treasurer after consultation with the Minister.\n\t(5)\tA return must be accompanied by the royalty payable by the licensee in respect of the month to which the return relates.\n\t(5a)\tThe Treasurer may, after consultation with the Minister—\n\t(a)\tdetermine that a requirement of subsection (4) or (5) will not apply to a particular licensee or class of licensee; and\n\t(b)\timpose, by notice to the particular licensee or by notice in the Gazette, such other requirements on the licensee or those licensees as may be appropriate in the circumstances.\n\t(5b)\tThe Treasurer may, after consultation with the Minister, by further notice, vary or revoke requirements imposed under subsection (5a), or impose new requirements.\n\t(6)\tThe value at the well head of a regulated substance is a value calculated by subtracting from the price (exclusive of any GST component) that could reasonably be realised on sale of the substance to a genuine purchaser at arms length from the producer all reasonable expenses (exclusive of any GST component) reasonably incurred by the producer—\n\t(a)\tin treating processing or refining the substance; and\n\t(b)\tin transporting the substance from the well head to the point of delivery.\n\t(7)\tThe value at the well head of geothermal energy is a value calculated by subtracting from the price (exclusive of any GST component) that could reasonably be realised on sale of the energy to a genuine purchaser at arms length from the producer all reasonable expenses (exclusive of any GST component) reasonably incurred by the producer in getting the energy to the point of delivery to the purchaser.\n\t(8)\tThe value at the well head of a regulated substance or geothermal energy is to be assessed by the Treasurer after consultation with the Minister.\n\t(9)\tThe Treasurer may, after consultation with the Minister, on application by the producer or on the Treasurer's own initiative after consultation with the Minister, review and revise an earlier assessment of the value at the well head of a regulated substance or geothermal energy.\n\t(10)\tThe Supreme Court may, on appeal by the producer, vary the Treasurer's assessment.\n\t(11)\tIn any other proceedings, the Treasurer's assessment is to be taken as conclusive evidence of the value of a regulated substance or geothermal energy at the well head.\n\t(12)\tThe regulations may provide that the whole or a prescribed proportion of a fee of a prescribed class payable by licensees under this Act may be taken to be a reasonable expense for the purposes of subsection (6).\n\t(13)\tThe Treasurer may, after consultation with the Minister, reduce or waive royalty payable by a licensee under this section—\n\t(a)\tin respect of a regulated substance or a regulated resource prescribed by the regulations; or\n\t(b)\tin prescribed circumstances.\n44—Penalty for late payment\n\t(1)\tIf a licensee fails to pay royalty as and when required by or under this Part—\n\t(a)\tthe amount in arrears will, unless the Treasurer determines otherwise, be increased by penalty interest at the prescribed rate; and\n\t(b)\tthe Treasurer may impose on the licensee a fine of an amount fixed by the Treasurer up to a limit of $1,000 or 10% of the outstanding royalty, whichever is the greater.\n\t(2)\tThe Treasurer may, after consultation with the Minister, for any proper reason remit penalty interest or a fine imposed under subsection (1) wholly or in part.\n45—Recovery of royalty\nRoyalty (and any penalty interest or fine imposed by the Treasurer under this Part) may be recovered as a debt due to the Crown.\n","sortOrder":11},{"sectionNumber":"Part 7A","sectionType":"part","heading":"Rental","content":"Part 7A—Rental\n45A—Rental payable for utilising natural reservoir for storage\n\t(1)\tThis section applies to the holder of a licence who utilises a natural reservoir to store a regulated substance.\n\t(2)\tSubject to this section, the holder of a licence to whom this section applies must pay to the Minister, by way of rental, a prescribed amount to be calculated in accordance with the regulations.\n\t(3)\tThe holder of a licence to whom this section applies is not liable to pay an amount by way of rental under this section to the extent that the licensee utilises a natural reservoir to store—\n\t(a)\ta regulated substance that is to be used in the course of productive operations, or for purposes incidental to productive operations, that the producer carries out in the State and are associated with the production of a regulated substance in the State; or\n\t(b)\tcarbon dioxide that has been produced or sourced within Australia and is not imported.\n\t(4)\tThe Minister may reduce or waive rental payable by a licensee under this section—\n\t(a)\tin respect of a regulated substance or a regulated resource prescribed by the regulations; or\n\t(b)\tin prescribed circumstances.\n\t(5)\tThe Minister must, on the tenth anniversary of the commencement of subsection (3)(b), cause a review of the operation of that subsection to be conducted and a report on the review to be prepared and submitted to the Minister.\n\t(6)\tThe Minister must cause a copy of the report submitted under subsection (5) to be laid before both Houses of Parliament within 6 sitting days after receiving the report.\n45B—Rental return\n\t(1)\tThe holder of a licence to whom section 45A applies must, at the end of each prescribed period, provide the Minister with a return for the relevant period setting out—\n\t(a)\tthe quantity of natural reservoir used for storage for which the licensee is liable to pay rental under section 45A; and\n\t(b)\tany matter prescribed by the regulations; and\n\t(c)\tany other relevant information required by the Minister.\n\t(2)\tA return must be accompanied by the rental payable by the licensee in respect of the prescribed period to which the return relates.\n\t(3)\tThe Minister may—\n\t(a)\tdetermine that a requirement of subsection (1) or (2) will not apply to a particular licensee or class of licensee; and\n\t(b)\timpose, by notice to the particular licensee or by notice in the Gazette, such other requirements on the licensee or those licensees as may be appropriate in the circumstances.\n\t(4)\tThe Minister may, by further notice, vary or revoke requirements imposed under subsection (3), or impose new requirements.\n45C—Penalty for late payment\nIf a licensee fails to pay rental as and when required by or under this Part—\n\t(a)\tthe amount in arrears will, unless the Minister determines otherwise, be increased by penalty interest at the prescribed rate; and\n\t(b)\tthe Minister may impose on the licensee a fine of an amount fixed by the Treasurer up to a limit of $1 000 or 10% of the outstanding rental, whichever is the greater.\n45D—Recovery of rental\nRental payable by a licensee under this Part, and any penalty interest or fine imposed by the Minister under this Part, may be recovered as a debt due to the Crown.\n","sortOrder":12},{"sectionNumber":"Part 8","sectionType":"part","heading":"Transmission pipelines","content":"Part 8—Transmission pipelines\nDivision 1—Pipeline licence\n46—Rights conferred by pipeline licence\n\t(1)\tA pipeline licence authorises the licensee to operate and maintain the transmission pipeline to which it relates.\n\t(2)\tIf the licence is granted for a proposed transmission pipeline, the licence also authorises the licensee to construct (or complete the construction of) the relevant transmission pipeline.\n\t(3)\tA pipeline licence may be granted for the whole or part of a transmission pipeline.\n\t(4)\tA pipeline licence—\n\t(a)\tcan only be held by a body corporate (or two or more bodies corporate); and\n\t(b)\tcan only be held in respect of a transmission pipeline or proposed transmission pipeline owned by a body corporate (or two or more bodies corporate).\n\t(5)\tThe Minister may, on application by a licensee holding a pipeline licence, vary the licence to cover an extension to, or a variation to the route of, the pipeline.\n\t(6)\tIf it is reasonably necessary for the holder of a pipeline licence to carry out a regulated activity on land that is adjacent to the site of the pipeline, the holder may, with the consent of the Minister, carry out that activity on that land as if it formed part of the pipeline land.\n47—Term and renewal of pipeline licence\n\t(1)\tThe term of a pipeline licence is 21 years or a lesser term agreed between the pipeline licensee and the Minister.\n\t(2)\tSubject to any agreement between the Minister and the pipeline licensee excluding or limiting this right of renewal, a pipeline licence must, on application for renewal, be renewed for a further term.\n48—Alteration of pipeline\nA pipeline licensee must not alter or modify, or permit the alteration or modification of, the pipeline except as follows:\n\t(a)\tas authorised in the pipeline licence; or\n\t(b)\tas may be necessary for the repair or maintenance of the pipeline; or\n\t(c)\tas may be necessary for the preservation of life or property in an emergency; or\n\t(d)\tas may be authorised by the Minister.\nDivision 2—Access to pipeline\n49—Ministerial power to require access to pipeline\n\t(1)\tThe Minister may, by written notice given to the holder of a pipeline licence, require the holder to convey a regulated substance for another person on terms and conditions mutually agreed by the holder and the other person or, in default of agreement, on terms and conditions determined by the Minister.\n\t(2)\tIn considering whether to require the holder of a pipeline licence to convey a regulated substance for another and if so the appropriate terms and conditions on which the holder should be required to do so, the Minister must have regard to—\n\t(a)\tthe legitimate business interests of the licensee; and\n\t(b)\tthe public interest including the public interest in facilitating competition in markets; and\n\t(c)\tthe interests of other persons who have rights of access to the pipeline; and\n\t(d)\tthe cost of providing access to the pipeline; and\n\t(e)\tthe operational and technical requirements for the safe, efficient and reliable operation of the pipeline; and\n\t(f)\tany other matters the Minister considers relevant.\n\t(3)\tA determination under this section, and the Minister's reasons for making it, are to be published in the Gazette.\n\t(4)\tThis section does not apply if access to the relevant transmission pipeline is governed under some other law.\nDivision 3—Special provisions about pipelines\n50—Acquisition of land by holder of pipeline licence\n\t(1)\tThe holder of a pipeline licence must, as soon as practicable after the grant of the licence, proceed to acquire the pipeline land reasonably required for constructing or operating, or constructing and operating, the relevant pipeline.\n\t(2)\tDespite any limitation on the powers of a body corporate existing apart from this section, a body corporate is authorised to transfer to the holder of a pipeline licence any land required for the construction or operation of a pipeline under the relevant pipeline licence.\n51—Pipeline easements\nAn easement acquired for the construction or operation of a pipeline is an easement in gross that does not depend on the existence of a dominant tenement.\n52—Compulsory acquisition of land for pipeline\nIf the Minister is satisfied that the holder of a pipeline licence—\n\t(a)\treasonably requires land (apart from the interest conferred by the licence) for the purpose of constructing, modifying or operating a pipeline or for incidental purposes; and\n\t(b)\thas failed to acquire the land by agreement after making reasonable attempts to do so,\nthe holder may, with the Minister's approval, proceed to acquire the land compulsorily under the Land Acquisition Act 1969.\n53—Pipeline to be chattel\nA pipeline is a chattel and capable of being acquired, owned, dealt with and disposed of as such.\n54—Inseparability of dealings with pipeline and pipeline land\nUnless the Minister gives written consent, a pipeline cannot be transferred, mortgaged, or otherwise dealt with separately from the pipeline land related to the pipeline, nor can pipeline land be transferred, mortgaged or dealt with separately from the pipeline to which it relates.\n55—Resumption of pipeline\n\t(1)\tIf a pipeline for which a licence was granted is not used for the transportation of a regulated substance for a continuous period of more than 3 years, the Minister may give written notice to all interested persons of intention to resume the pipeline and the pipeline land.\n\t(2)\tThe interested persons are—\n\t(a)\tthe holder (or former holder) of the pipeline licence; and\n\t(b)\tthe owner of, and other persons interested in, the pipeline and the related pipeline land.\n\t(3)\tBefore the Minister gives notice under subsection (1), the Minister must—\n\t(a)\tinvite all interested persons to make representations about the proposed resumption; and\n\t(b)\tconsider any representations made in response to the invitation.\n\t(4)\tThe notice of the intended resumption—\n\t(a)\tmay be given whether or not a pipeline licence remains in force for the pipeline (but if a licence is in force, the notice terminates the licence); and\n\t(b)\tmust be given to all interested persons.\n\t(5)\tThe owner of the pipeline may within 6 months after the notice is given take up and remove the pipeline and associated structures (wholly or in part) and restore the relevant land as far as practicable to its former condition.\n\t(6)\tAfter the six month period has ended, the Minister may exercise either or both of the following powers:\n\t(a)\tthe Minister may, by written notice given to the owner of the pipeline, require the owner, within a reasonable time stated in the notice, to remove buildings, structures and fixtures associated with the pipeline and to restore the land, as far as practicable, to its former condition; and\n\t(b)\tthe Minister may, by notice published in the Gazette, vest the pipeline land and any buildings, structures and fixtures (including the pipeline) remaining on the land in the Crown.\n\t(7)\tIf the owner of the pipeline fails to comply with a notice under subsection (6)(a), the Minister may have the necessary work carried out and recover the cost of doing so from the owner.\n\t(8)\tNo compensation is payable for the divestiture of property under subsection (6)(b).\n\t(9)\tIf an easement is vested in the Crown under subsection (6)(b), the Minister may, by notice in the Gazette, surrender (and thus extinguish) the easement.\n55A—Liability to council rates\nThe land that constitutes pipeline land under this Act is exempt from the requirement to pay rates under the Local Government Act 1999.\n","sortOrder":13},{"sectionNumber":"Part 9","sectionType":"part","heading":"Associated activities","content":"Part 9—Associated activities\n56—Associated activities licence\n\t(1)\tAn associated activities licence—\n\t(a)\tauthorises the holder of the licence (the primary licence)—\n\t(i)\tto establish and operate associated facilities on land outside the area of the primary licence;\n\t(ii)\twithout limiting subparagraph (i), to carry out any type of associated regulated activity on land outside the area of the primary licence;\n\t(b)\tfor that purpose, confers rights of access to and use of land to which the licence relates on terms and conditions specified in the licence.\n\t(2)\tAn associated facility or an associated regulated activity is anything that is reasonably necessary for, or incidental to, carrying on regulated activities in the area of the primary licence, or in the vicinity of the area of the primary licence.\n\t(3)\tFor example—\n\t(a)\tan associated activities licence might be granted to the holder of an exploration licence, a retention licence or a production licence authorising the holder of the licence to drill a well from an area outside the area of the primary licence for obtaining access to geological structures within the area of the primary licence;\n\t(b)\tan associated activities licence might be granted authorising the holder of the licence to establish and operate facilities within the licence area such as—\n\t(i)\ta pipeline;\n\t(ii)\ta processing plant;\n\t(iii)\ta camp, airport, building or other infrastructure;\n\t(iv)\tcommercial or recreational facilities for people involved in regulated activities.\n57—Area of associated activities licence\n\t(1)\tAn associated activities licence cannot be granted for an area exceeding—\n\t(a)\tin a case involving facilities or activities that, in the opinion of the Minister, are permanent (or effectively permanent)—5 km2;\n\t(b)\tin any other case—1 500 km2.\n\t(2)\tHowever, these restrictions on the area of a licence do not apply if the licence area is in the form of a corridor with a width of 50 m or less.\n58—Term of associated activities licence\n\t(1)\tSubject to subsection (2), an associated activities licence is an adjunct to the primary licence and is, subject to its terms, granted for the same term, and renewable at the same time and in the same way as the primary licence.\n\t(2)\tAn associated activities licence for activities that, in the opinion of the Minister, are temporary in nature will be granted for a term determined by the Minister (which may be a term that takes into account any decommissioning, rehabilitation or other action that may be required at the conclusion of the activities and which may be renewed from time to time as the Minister thinks fit).\n59—Relationship with other licences\n\t(1)\tAn associated activities licence may be granted in respect of an area comprised within the area of another licence.\n\t(2)\tSubject to any relevant licence conditions, the rights conferred by an associated activities licence prevail over rights conferred by another licence in respect of the same area.\n\t(3)\tBefore the Minister grants an associated activities licence for an area covered by another licence—\n\t(a)\tthe Minister must have regard to—\n\t(i)\tthe reasons put forward by the applicant for the grant of the licence and, in particular, whether they justify the grant of the licence in derogation from the rights of the existing licensee; and\n\t(ii)\tthe legitimate business interests of the existing licensee; and\n\t(iii)\tthe effect of the operations to be carried out under the associated activities licence on the operations conducted under the existing licence; and\n\t(iv)\tthe operational and technical requirements for the safe, efficient and reliable conduct of operations under both licences; and\n\t(v)\tany other matters the Minister considers relevant; and\n\t(b)\tthe Minister must consult with the existing licensee about the matters referred to in paragraph (a) and about the conditions to be included in the licence (unless the existing licensee is the person applying for the associated activities licence).\n\t(4)\tIf an associated activities licence is granted over the area of another licence, the holder of the other licence is to be entitled to compensation for diminution of the rights conferred by that licence—\n\t(a)\tto be agreed between the licensees; or\n\t(b)\tin default of agreement, to be determined by the relevant court.\n\t(5)\tIf an associated activities licence is granted over the area of another licence, the Supreme Court may, on application by the holder of the other licence made within 2 months after the grant of the associated activities licence, review the terms and conditions of the associated activities licence and vary them as the Court considers just.\n\t(6)\tThe Supreme Court may, in exercising its powers under subsection (5), relocate the area of the associated activities licence or vary the area in some other way.\n","sortOrder":14},{"sectionNumber":"Part 9A","sectionType":"part","heading":"Special facilities","content":"Part 9A—Special facilities\n59B—Special facilities licence\n\t(1)\tA special facilities licence—\n\t(a)\tauthorises the licensee to establish and operate within an area specified in the licence (that must not exceed 5 km²) facilities for the purposes involving or associated with—\n\t(i)\tsearching for any regulated substance; or\n\t(ii)\tprocessing any regulated substance; or\n\t(iii)\tproducing or generating energy from a source of geothermal energy; or\n\t(iv)\tother activities that may be relevant or incidental to searching for any regulated substance or processing, producing or storing any regulated substance or a product derived from a regulated substance; and\n\t(b)\tfor that purpose, confers rights of access to and use of land to which the licence relates on terms and conditions specified in the licence.\n\t(2)\tFor example, a special facilities licence might be granted authorising the holder of the licence to establish and operate facilities within the licence area such as—\n\t(a)\ta processing plant;\n\t(b)\tan electricity generation facility that uses geothermal energy (but not an electricity transmission facility);\n\t(ba)\ta direct air capture and storage facility for the purposes of capturing carbon dioxide and storing it in a natural reservoir;\n\t(c)\tother forms of infrastructure.\n\t(3)\tFor the purposes of this Part—\n\t(a)\tthe holder of a special facilities licence does not need to be the holder of any other licence under this Act associated with the production or utilisation of a regulated resource; and\n\t(b)\tthe area of a special facilities licence does not need to be in the vicinity of the area of any other licence under this Act.\n59D—Term of special facilities licence\n\t(1)\tA special facilities licence will be granted for a term determined by the Minister.\n\t(2)\tThe Minister may—\n\t(a)\trenew a special facilities licence from time to time for a term determined by the Minister and notified to the licensee;\n\t(b)\tcancel a special facilities licence if the Minister considers that the licence is no longer being used for the purposes for which the licence was granted.\n59E—Relationship with other licences\n\t(1)\tA special facilities licence may be granted in respect of an area comprised within the area of another licence.\n\t(2)\tThe rights conferred by a special facilities licence prevail over rights conferred by another licence in respect of the same area to the extent (if any) determined by the Minister to be reasonable and appropriate and specified in the special facilities licence.\n\t(3)\tBefore the Minister grants a special facilities licence for an area covered by another licence—\n\t(a)\tthe Minister must have regard to—\n\t(i)\tthe reasons put forward by the applicant for the grant of the licence and, in particular, whether they justify the grant of the licence in derogation from the rights of the existing licensee; and\n\t(ii)\tthe legitimate business interests of the holder of the existing licence; and\n\t(iii)\tthe effect of the operations to be carried out under the special facilities licence on the operations carried out under the existing licence; and\n\t(iv)\tthe operational and technical requirements for the safe, efficient and reliable conduct of operations under both licences; and\n\t(v)\tany other matters the Minister considers relevant; and\n\t(b)\tthe Minister must consult with the existing licensee about the matters referred to in paragraph (a) and about the conditions to be included in the licence (unless the existing licensee is the person applying for the special facilities licence).\n\t(4)\tIf a special facilities licence is granted over the area of another licence, the holder of the other licence is to be entitled to compensation for diminution of the rights conferred by that licence—\n\t(a)\tto be agreed between the licensees; or\n\t(b)\tin default of agreement, to be determined by the relevant court.\n\t(5)\tIf a special facilities licence is granted over the area of another licence, the Supreme Court may, on application by the holder of the other licence made within 2 months after the grant of the special facilities licence, review the terms and conditions of the special facilities licence and vary them as the Court considers just.\n\t(6)\tThe Supreme Court may, in exercising its powers under subsection (5), relocate the area of the special facilities licence or vary the area in some other way.\n","sortOrder":15},{"sectionNumber":"Part 10","sectionType":"part","heading":"Entry to and use of land","content":"Part 10—Entry to and use of land\n60—Right of entry to land\nA licensee may, subject to this Part—\n\t(a)\tenter land to carry out authorised activities on the land; or\n\t(b)\tenter land for the purpose of gaining access to adjacent land on which the licensee proposes to carry out authorised activities.\n61—Notice of entry on land\n\t(1)\tA licensee must, at least 21 days before entering land under this Part, give written notice to each owner of the land, in the form required by the regulations—\n\t(a)\tof the licensee's intention to enter the land; and\n\t(b)\tif the licensee proposes to carry out regulated activities on the land—of the nature of the activities to be carried out on the land.\n\t(2)\tOnce notice of entry has been given, a further notice for re-entry of the land is not necessary unless the activities to be carried out on the land differ significantly, in nature or extent, from the activities as described in the previous notice.\n\t(3)\tAn owner of land who is entitled to receive a notice under this section may, by written notice furnished to the licensee, reduce the required period of notice.\n62—Disputed entry\n\t(1)\tAn owner of the land may, by giving notice of objection to the licensee, object to the licensee's proposed entry.\n\t(2)\tA notice of objection must be given within 14 days after the licensee's notice of the proposed entry.\n\t(3)\tIf an owner gives notice of objection, the licensee must notify the Minister that entry is disputed.\n\t(4)\tWhen notice of disputed entry is given, the Minister may attempt to mediate between the parties in order to arrive at mutually satisfactory terms under which the licensee may enter the land and (if relevant) carry out regulated activities on the land.\n\t(5)\tIf—\n\t(a)\tthe Minister decides against attempting to reach a settlement of the dispute by mediation; or\n\t(b)\tan attempt is made but the dispute is not resolved within a period fixed in the regulations for the purposes of this paragraph,\neither the licensee or the owner may apply to the Warden's Court for a resolution of the dispute.\n\t(6)\tThe Warden's Court may, on an application under this section, determine terms on which the licensee may enter the land and carry out regulated activities on the land.\n63—Right to compensation\n\t(1)\tThe owner of land is entitled to compensation from a licensee who enters the land and carries out regulated activities under this Act.\n\t(2)\tThe compensation payable to an owner of land must be directly related to the owner and will be to cover—\n\t(a)\tdeprivation or impairment of the use and enjoyment of the land; and\n\t(b)\tdamage to the land (not including damage that has been made good by the licensee); and\n\t(c)\tdamage to, or disturbance of, any business or other activity lawfully conducted on the land; and\n\t(d)\tconsequential loss suffered or incurred by the owner on account of the licensee entering the land and carrying out regulated activities under this Act.\n\t(3)\tThe compensation is not to be related to the value or possible value of regulated resources contained in the land.\n\t(3aa)\tCompensation is not payable under this section to the holder of a tenement under the Mining Act 1971 in relation to—\n\t(a)\tany loss represented by a reduction in the value of any minerals that may be recovered under that tenement; or\n\t(b)\tany other loss, deprivation or impairment of a prescribed kind.\n\t(3a)\tThe compensation may include an additional component to cover reasonable costs reasonably incurred by an owner of land in connection with any negotiation or dispute related to—\n\t(a)\tthe licensee gaining access to the land; and\n\t(b)\tthe activities to be carried out on the land; and\n\t(c)\tthe compensation to be paid under subsection (2).\n\t(4)\tThe compensation is to be determined by agreement or in default of agreement by the relevant court.\n\t(5)\tIn assessing compensation under subsection (3a), costs in connection with any negotiation or dispute will not be taken to be reasonably incurred if they arise during any period when a reasonable offer of compensation is open to be accepted by the relevant owner of land.\n\t(6)\tIn assessing compensation payable to an owner of land under this section, any other compensation paid or payable under this or any other Act or law to the owner or any other owner, insofar as is fair, reasonable and appropriate to do so and to the extent that the compensation relates to the same matter, damage or loss (as the case may require), must be taken into account.\n64—Right to require acquisition of land\n\t(1)\tIf the activities of a licensee on land substantially impair the owner's use and enjoyment of the land, the owner may apply to the relevant court for an order under this section.\n\t(2)\tThe court may, on an application under this section—\n\t(a)\tmake an order transferring the owner's land to the licensee; and\n\t(b)\torder the licensee to pay to the owner, by way of compensation—\n\t(i)\tan amount equivalent to the market value of the land; and\n\t(ii)\ta further amount the court considers just by way of compensation for disturbance.\n","sortOrder":16},{"sectionNumber":"Part 11","sectionType":"part","heading":"General provisions about licences","content":"Part 11—General provisions about licences\nDivision 1—General provision about applications\n65—Application for licence\n\t(1)\tAn application for a licence—\n\t(a)\tmust be made in a manner and form determined by the Minister; and\n\t(b)\tif the licence is to contain a mandatory condition requiring the licensee to carry out work in accordance with an approved work program—must be accompanied by a proposed work program for the first term of the licence; and\n\t(c)\tmust be accompanied by a statement of the financial and technical resources available to the applicant; and\n\t(d)\tmust contain other information required by the Minister; and\n\t(e)\tmust be accompanied by the prescribed fee.\n\t(1a)\tIf an application for an exploration licence is made in accordance with this Act (the relevant application), the relevant application will, for the purposes associated with its consideration and any grant of an exploration licence on the basis of the application, rank ahead of any other application for an exploration licence for an overlapping area received by the Minister after the time that the Minister received the relevant application.\n\t(1b)\tSubsection (1a) does not apply if the application is in response to a call for tenders under section 22.\n\t(1c)\tA ranking established under subsection (1a) will cease to apply if the Minister cancels the ranking on the ground—\n\t(a)\tthat the applicant has failed to comply with a requirement under this Act (in accordance with any relevant time requirement); or\n\t(b)\tthat the application is found to be invalid; or\n\t(c)\tthat there is some other default, defect or circumstances that the Minister considers is sufficiently significant to warrant the cancellation of the ranking.\n\t(2)\tAn application for the renewal of a licence—\n\t(a)\tmust be made to the Minister in a manner and form determined by the Minister at least 2 months before the end of the licence term preceding the proposed renewal; and\n\t(b)\tmust contain other information required by the Minister; and\n\t(c)\tif the licence contains a mandatory condition requiring the licensee to carry out work in accordance with an approved work program—must be accompanied by a proposed work program for the term of the renewal; and\n\t(d)\tmust be accompanied by the prescribed fee.\n\t(3)\tThe Minister may require an applicant for the grant or renewal of a licence to provide any further information, documents or materials to assist in assessing and determining the application.\n\t(4)\tIf an applicant fails to comply with a requirement under subsection (3) within a reasonable time allowed by the Minister (which must be at least 30 days), the application lapses.\n\t(5)\tIf an application for the renewal of a licence is made before the end of the term of the licence, the licence term is extended until the application is determined.\n\t(6)\tNotice of an application for the grant of a production licence, and notice of an application for the grant or renewal of a pipeline licence, associated activities licence or special facilities licence, must be published in the Gazette in accordance with a determination of the Minister before the application is determined.\n66—Preconditions of grant or renewal of licence\n\t(1)\tThe Minister may offer a licence to a particular applicant on condition that—\n\t(a)\tthe applicant is to return the executed licence to the Minister within a specified period; and\n\t(b)\tif the applicant fails to do so—the offer lapses and the licence may be offered to someone else.\n\t(2)\tAs a condition of granting or renewing a licence, the Minister may require the applicant to give security, of a kind and amount acceptable to the Minister, for the satisfaction of obligations arising under this Act or the licence.\nDivision 2—Extent of licence exclusivity\n67—Application of Division\nThis Division applies to licences of the following classes:\n\t(a)\texploration licence;\n\t(b)\tretention licence;\n\t(c)\tproduction licence.\n68—Extent to which same area may be subject to different licences\n\t(1)\tA licence to which this Division applies is compatible with another licence to which this Division applies if—\n\t(a)\t1 relates to a source of geothermal energy and the other does not; or\n\t(b)\t1 relates to gas storage and the other does not.\n\t(3)\tThe same area cannot be simultaneously subject to two or more licences to which this Division applies unless the licences are compatible.\n\t(4)\tFor the purposes of this section, if a person who is entitled to the grant of a licence to which this Division applies makes an application for such a licence, the area to which the application relates is to be taken to be subject to a licence to which this Division applies until the application is determined.\n\t(5)\tThis section does not derogate from the operation of Division 5.\n69—Grant of compatible licence to area already under licence\n\t(1)\tBefore the Minister grants a compatible licence in respect of an area that is already wholly or partly subject to a licence to which this Division applies, the Minister must consult with the existing licensee unless—\n\t(a)\tthe existing licensee is the person applying for the compatible licence; or\n\t(b)\tthe existing licensee's licence, on the day on which the application for the relevant licence is made, had been offered but not yet granted to them by the Minister in accordance with section 66.\n\t(2)\tThe Minister must, in acting under subsection (1), seek to consult on—\n\t(a)\tthe reasons put forward by the applicant for the grant of the relevant licence; and\n\t(b)\tthe legitimate business interests of the holder of the existing licence; and\n\t(c)\tthe effect of the operations to be carried out under the proposed licence on the operations carried out under the existing licence; and\n\t(d)\tthe operational and technical requirements for the safe, efficient and reliable conduct of operations under both licences,\n(and the Minister may consult on such other matters as the Minister considers relevant).\n70—Interrelationship between rights of licensees under compatible licences\nIf a licensee discovers a regulated resource in an area subject to two or more compatible licences, the rights under this Act in respect of the discovery attach to the licensee who holds a licence for a regulated resource of the relevant kind irrespective of whether that licensee actually made the discovery.\n71—Excision of licence areas\nIf—\n\t(a)\ta retention licence is granted to the holder of an exploration licence or a production licence in respect of part only of the area comprised in the earlier licence; or\n\t(b)\ta production licence is granted to the holder of an exploration licence or a production licence in respect of part only of the area comprised in the earlier licence,\nthe area of the new licence is excised from the area of the earlier licence.\nDivision 3—Licence conditions\n72—Mandatory conditions\nA licence must include the conditions designated in this Act as mandatory conditions.\n73—Mandatory condition as to use of information etc\nIt is a mandatory condition of every licence that the licensee authorises the Minister—\n\t(a)\tto make use of information and records provided by the licensee under this Act; and\n\t(b)\tto disclose information and records provided by the licensee under this Act as authorised by the regulations.\n73A—Mandatory condition as to management system\nIt is a mandatory condition of every licence that the licensee must establish and maintain a management system that complies with any requirements prescribed by the regulations in relation to the regulated activities to be carried out under the licence.\n74—Classification of activities to be conducted under licence\n\t(1)\tA licence is to include mandatory conditions dividing the regulated activities to be carried out under the licence into—\n\t(a)\tactivities requiring high level official surveillance; or\n\t(b)\tactivities requiring low level official surveillance.\n\t(2)\tThe activities are to be classified as requiring high level official surveillance unless the licensee satisfies the Minister that, in view of the licensee's demonstrated competence to comply with the requirements of this Act and the conditions of the licence, the activities should be classified as requiring low level official surveillance.\n\t(3)\tThe mandatory conditions are to provide as follows:\n\t(a)\tthe Minister's prior written approval is required for activities requiring high level official surveillance; and\n\t(b)\tnotice of activities requiring low level official surveillance is to be given as required in the conditions or by regulation.\n\t(4)\tThe Minister may, by written notice to a licensee, change the classification of activities under the relevant licence conditions.\n\t(5)\tIf regulated activities to be conducted under a licence are generally or substantially classified as requiring a low level of official surveillance, the annual licence fee payable for the licence will be reduced by an amount not exceeding 50% of the fee according to a determination of the Minister as to the level of official surveillance required under the licence.\n75—Mandatory condition about resources required for compliance with environmental obligations\nIt is a mandatory condition of every licence that the licensee must have adequate technical and financial resources to ensure compliance with the licensee's environmental obligations (including the rehabilitation of land adversely affected by regulated activities carried out under the licence).\n76—Discretionary conditions\n\t(1)\tA licence may be granted on other conditions (discretionary conditions) the Minister considers appropriate.\n\t(2)\tThe discretionary conditions of the licence may (for example) include a condition requiring the licensee to maintain insurance on terms and conditions approved by the Minister insuring the licensee and the State against obligations arising from regulated activities under the licence.\n\t(3)\tThe Minister may add a discretionary condition to a licence, or vary or revoke a discretionary condition of a licence—\n\t(a)\ton the renewal of the licence; or\n\t(b)\tat any other time with the agreement of the licensee.\n76A—Suspension of conditions of licence by agreement\n\t(1)\tThe Minister may, by agreement with the licensee, suspend, either for a specified period or indefinitely, any of the conditions attached to a licence (including a mandatory condition).\n\t(2)\tThe Minister may, as or when the Minister thinks fit, terminate a suspension under subsection (1).\n\t(3)\tIf a suspension is put in place under subsection (1), the Minister may, if relevant, by the instrument of suspension or by a later instrument furnished to the licensee, extend the period of the licence by a period not exceeding the period of the suspension.\n77—Non-compliance with licence conditions\nIf a licence condition is not complied with, the licensee is guilty of an offence.\nDivision 4—Annual fees\n78—Annual fees\n\t(1)\tA licensee must pay to the Minister annually and in advance a fee appropriate to the relevant licence fixed by, or calculated in accordance with, the prescribed scale.\n\t(2)\tIf a licensee fails to pay a fee in accordance with subsection (1)—\n\t(a)\tthe amount in arrears will, unless the Minister determines otherwise, be increased by penalty interest at the prescribed rate; and\n\t(b)\tthe Minister may impose on the licensee a fine of an amount fixed by the Minister up to a limit of $1,000 or 10% of the outstanding fee, whichever is the greater.\n\t(3)\tThe Minister may for any proper reason remit penalty interest or a fine imposed under subsection (2) wholly or in part.\n\t(4)\tA fee (and any penalty interest or fine imposed by the Minister under this section) may be recovered as a debt due to the Crown.\n","sortOrder":17},{"sectionNumber":"Div 5","sectionType":"division","heading":"Reservoir access","content":"Division 5—Reservoir access\n79—Access to natural reservoir\n\t(1)\tIf—\n\t(a)\tthere is a natural reservoir in the area of a licence that is, in the Minister's opinion, suitable for use for the storage of a regulated substance; and\n\t(b)\ta person (the applicant) who is not the holder of the relevant licence seeks access to the natural reservoir for the storage of a regulated substance; and\n\t(c)\tthe applicant, after making reasonable attempts to do so, fails to reach agreement with the licensee on terms and conditions of access to and use of the natural reservoir,\nthe Minister may, by notice in writing given to the applicant and the holder of the licence, determine terms and conditions (which the Minister considers to be fair and reasonable commercial terms) on which the applicant is to be entitled to access to and use of the reservoir.\n\t(2)\tIn considering whether to make a determination under this section and, if so, the terms and conditions of the determination, the Minister must have regard to—\n\t(a)\tthe legitimate business interests of the licensee; and\n\t(b)\tthe public interest including the public interest in facilitating competition in markets; and\n\t(c)\tthe interests of persons other than the immediate parties to the determination that might be affected by the determination; and\n\t(d)\tthe operational requirements for the safe, efficient and reliable use of the natural reservoir; and\n\t(e)\tany other matters the Minister considers relevant.\n\t(3)\tBefore making a determination under this section, the Minister must give the interested parties a reasonable opportunity to comment on the proposed determination.\n\t(4)\tA determination under this section is binding on the holder of the licence and the applicant.\n\t(5)\tAccess may be granted on terms under which the person to whom the right of access is granted is required to take out a licence for the purpose of exercising the right of access arising under the determination.\n\t(6)\tA party to a determination under this section may appeal against the determination to the Supreme Court.\n\t(7)\tOn an appeal under this section—\n\t(a)\tthe Court may confirm the Minister's determination; or\n\t(b)\tthe Court may cancel the Minister's determination if satisfied that it is not fair and reasonable that the applicant should have access to the natural reservoir; or\n\t(c)\tthe Court may vary the terms and conditions of the determination as the Court considers fair and reasonable.\n\t(8)\tThe Court may make incidental and ancillary orders (including orders for costs).\n","sortOrder":18},{"sectionNumber":"Div 6","sectionType":"division","heading":"Grant, resumption etc of land","content":"Division 6—Grant, resumption etc of land\n80—Grant, resumption etc of Crown and pastoral land\n\t(1)\tThe Minister responsible for the administration of the Crown Land Management Act 2009 may grant unalienated Crown land to a licensee for the purpose of carrying on regulated activities or for purposes incidental to such activities.\n\t(2)\tA statutory power to resume land subject to a lease under the Crown Lands Act 1929 or the Pastoral Land Management and Conservation Act 1989 for a public work or public purpose may be exercised as if the land required for carrying on regulated activities or for purposes incidental to such activities were land required for a public work or a public purpose.\n","sortOrder":19},{"sectionNumber":"Div 7","sectionType":"division","heading":"Multiple licensees","content":"Division 7—Multiple licensees\n81—Multiple licensees\n\t(1)\tIf a licence is held by 2 or more persons, they are jointly and severally liable for the obligations of the licensee under this Act.\n\t(2)\tIf a licence is held by 2 or more persons, they must, by written notice given to the Minister, nominate a representative (who may—but need not—be one of the licensees) who is authorised to give and receive notices on their behalf.\n\t(3)\tA notice given by or to the authorised representative is taken to have been given by or to all the licensees.\n","sortOrder":20},{"sectionNumber":"Div 8","sectionType":"division","heading":"Consolidation and division of licence areas etc","content":"Division 8—Consolidation and division of licence areas etc\n82—Consolidation of licence areas\n\t(1)\tThe Minister may, by agreement with a licensee or prospective licensee, consolidate adjacent licence areas into a single licence area.\n\t(2)\tIf a licence or licences have already been issued for 1 or more of the licence areas to be consolidated, the Minister may—\n\t(a)\tvary the licence or licences, and provide for or vary such terms and conditions attaching to the licence or licences as the Minister considers appropriate in view of the consolidation; or\n\t(b)\tamalgamate 2 or more licences, and provide for such terms and conditions attaching to the amalgamated licence as the Minister considers appropriate in view of the consolidation.\n\t(2a)\tThe rights of the holder of a licence under subsection (2) are not to be more extensive than those existing under the relevant licence or licences immediately before any variation or amalgamation under that subsection.\n\t(a)\ta reference to a licence area extends to an area for which an application for a licence has been made; and\n\t(b)\ta reference to adjacent licence areas extends to 2 or more areas which are within the vicinity of each other.\n83—Division of licence areas\n\t(1)\tThe Minister may, by agreement with a licensee, divide a licence area into separate areas so that each becomes subject to a different licence.\n\t(2)\tOn dividing a licence area, the Minister—\n\t(a)\tmay vary the existing licence by excising part of the licence area and issue a new licence for the balance of the area (on terms and conditions the Minister considers appropriate and for a term equal to the balance of the term of the existing licence); or\n\t(b)\tissue new licences in place of the existing licence (each of which is then taken to be a continuation, in part, of the existing licence).\n\t(2a)\tThe rights of the holder of the licence issued under subsection (2) are not to be more extensive than those existing under the relevant licence immediately before any division under this section.\n\t(3)\tIf the area to which an exploration licence relates is divided, there must be no reduction of the aggregate work to be carried out.\n\t(4)\tEach of the following will be taken to be an original licence area for the purposes of section 26(3):\n\t(a)\tthe area remaining after an excision under subsection (2)(a);\n\t(b)\tthe area of any new licence under subsection (2)(a) or (b).\n","sortOrder":21},{"sectionNumber":"Div 9","sectionType":"division","heading":"Record keeping and reporting requirements","content":"Division 9—Record keeping and reporting requirements\n84—Records to be kept by licensee\n\t(1)\tA licensee must maintain—\n\t(a)\ta record of all regulated activities carried out under the licence including, where appropriate, maps and plans; and\n\t(b)\ta record of the results of regulated activities carried out under the licence, including the results of the analysis of geological samples; and\n\t(c)\ta record of compliance audits by internal or external auditors required under the regulations; and\n\t(ca)\ta record of their approved statement of environmental objectives under section 99; and\n\t(d)\tother records as required by the regulations.\n\t(2)\tThe licensee must provide the Minister with a copy of the records kept under this section at the times required by the regulations or by the Minister by written notice given to the licensee.\n85—Reporting of certain incidents\n\t(1)\tA licensee must report an immediately reportable incident to the Minister as follows:\n\t(a)\tan initial report must be provided to the Minister, in a manner and form prescribed by the regulations, within 24 hours after the licensee becomes aware of the occurrence of the incident;\n\t(b)\ta comprehensive report must be provided to the Minister, in a manner and form prescribed by the regulations—\n\t(i)\tunless subparagraph (ii) applies—within 3 months after the licensee becomes aware of the occurrence of the incident; or\n\t(ii)\twithin a period specified by the Minister and notified to the licensee in a particular case.\n\t(2)\tA licensee must, in a manner and form, and within the period, prescribed by the regulations, report a reportable incident to the Minister.\nimmediately reportable incident means—\n\t(a)\tan incident arising from activities conducted under a licence specified in the relevant statement of environmental objectives to be an immediately reportable incident; or\n\t(b)\tany other matter brought within the ambit of this definition by the regulations;\nreportable incident means—\n\t(a)\tan incident (not being an immediately reportable incident) arising from activities conducted under a licence specified in the statement of environmental objectives to be a reportable incident; or\n\t(b)\tany other matter brought within the ambit of this definition by the regulations.\n86—Information to be provided by licensee\n\t(1)\tA licensee must, if requested to do so by the Minister by written notice, in the manner specified in the notice, provide to the Minister information or material relevant to carrying out regulated activities under this Act as specified in the notice.\n\t(2)\tA licensee must provide the Minister with any other information reasonably requested by the Minister within the time specified in the request.\n\t(3)\tIf the Minister considers the provision of the information requested under subsection (2) essential in the public interest, and gives an intimation to that effect in the request, non-compliance with the request is a summary offence punishable on conviction by a fine not exceeding $120,000.\n\t(4)\tA licensee must, if requested to do so by the Minister, provide the Minister with an expert report, within the time specified in the request, verifying information provided to the Minister by the licensee.\n\t(5)\tA request under subsection (4) must either nominate the person by whom the expert report is to be prepared or state the nature of the qualifications and experience that the person who prepares the report must possess.\n\t(5a)\tAny cost associated with complying with a requirement under this section is to be borne by the licensee.\n\t(6)\tA reference in this section to a licensee extends to a former licensee.\n\t(7)\tA requirement under any other provision of this Act to provide any information or report extends to a former licensee to the extent that the information or report is reasonably required in connection with the operation or administration of this Act.\n","sortOrder":22},{"sectionNumber":"Div 9A","sectionType":"division","heading":"Change in control of holder of licence","content":"Division 9A—Change in control of holder of licence\n86AA—Interpretation\n\t(1)\tIn this Division—\n\t(a)\ta person acts jointly with another person if the person acts or is accustomed to acting, in agreement with, or in accordance with the wishes of, the other person; and\n\t(b)\tthe approval period for a change in control of the holder of a licence is the period—\n\t(i)\tcommencing on the day on which notice of approval of an application for the change in control is given; and\n\t(ii)\tending—\n\t(A)\timmediately after the change in control takes effect; or\n\t(B)\tif the approval of a change in control is revoked—on the day on which notice of the revocation of the change in control is given; or\n\t(C)\t9 months after the day on which notice of approval of the change in control is given,\nwhichever is the earlier; and\n\t(c)\tthere is a change in control of the holder of a licence if—\n\t(i)\t1 or more persons (the original controllers) control the holder of the licence at a particular time; and\n\t(ii)\teither—\n\t(A)\t1 or more other persons begin to control the holder of the licence (whether alone or together with 1 or more other persons the person or persons act jointly with) after that time; or\n\t(B)\tan original controller (whether alone or together with 1 or more other persons the person acts jointly with) ceases to control the holder of the licence after that time; and\n\t(d)\ta person controls the holder of a licence if the person (whether alone or together with 1 or more other persons the person acts jointly with)—\n\t(i)\tholds the power to exercise, or control the exercise of, 20% (or such other percentage as may be prescribed by the regulations for the purposes of this subparagraph) or more of the voting rights in the holder of the licence; or\n\t(ii)\tholds, or holds an interest in, 20% (or such other percentage as may be prescribed by the regulations for the purposes of this subparagraph) or more of the issued securities in the holder of the licence.\n\t(2)\tIt is the intention of the Parliament that this Division apply within the State and outside the State to the full extent of the extraterritorial legislative capacity of the Parliament.\n86AAB—Approval of change in control of holder of licence\n\t(1)\tAn application for approval for a change in control of the holder of a licence must—\n\t(a)\tbe made in a manner and form determined by the Minister; and\n\t(b)\tbe accompanied by the prescribed fee; and\n\t(c)\tbe accompanied by such information as the Minister may require (which must be provided within a period determined by the Minister and notified to the applicant).\n\t(2)\tIn considering an application for approval for a change in control under this section, the Minister must have regard to—\n\t(a)\twhether the technical capability and financial resources available to the holder of the licence after the change in control takes effect are sufficient to—\n\t(i)\tcarry out the operations and works that are authorised under the licence; and\n\t(ii)\tdischarge the obligations that are imposed under this Act in relation to the licence; and\n\t(b)\tany other matters prescribed by the regulations,\nand may have regard to any other matters the Minister thinks relevant.\n\t(3)\tThe Minister may, by written notice to an applicant under this section—\n\t(a)\tapprove the application; or\n\t(b)\trefuse the application.\n\t(4)\tThe Minister may, during the approval period for a change in control of the holder of a licence, by written notice to an applicant under this section, revoke the approval.\n86AAC—Offences\n\t(1)\tIf—\n\t(a)\tthere is a change in control of the holder of a licence; and\n\t(b)\t—\n\t(i)\tthe Minister has not approved the change in control under this section; or\n\t(ii)\tthe Minister has given an approval under this section but the change in control took effect after the end of the approval period for the change in control,\nthe person who begins to control, or ceases to control, the holder of the licence is guilty of an offence.\nMaximum penalty: $250 000.\n\t(2)\tA person does not commit an offence against subsection (1) if the person did not know, and could not reasonably be expected to have known, that the change in control had taken effect.\n\t(3)\tIf—\n\t(a)\tthere is a change in control of the holder of a licence; and\n\t(b)\t—\n\t(i)\tthe Minister has not approved the change in control under this section; or\n\t(ii)\tthe Minister has given an approval under this section but the change in control took effect after the end of the approval period for the change in control; and\n\t(c)\tthe holder of the licence knows or ought reasonably to know that the change in control has taken effect; and\n\t(d)\tthe holder of the licence does not notify the Minister of the change in control within 30 days of the change taking effect,\nthe holder of the licence is guilty of an offence.\nMaximum penalty: $250 000.\n\t(4)\tIf a person commits an offence against subsection (1), the Minister may, by written notice to the holder of the licence to which the change in control took effect, cancel the licence.\n","sortOrder":23},{"sectionNumber":"Div 10","sectionType":"division","heading":"General requirements for operations","content":"Division 10—General requirements for operations\n86A—Fitness for purpose assessment\n\t(1)\tA licensee must carry out a fitness for purpose assessment of prescribed facilities operated on land within the area of the licence at intervals prescribed by the regulations in order to assess the risk imposed by the prescribed facilities on—\n\t(a)\tpublic health and safety; and\n\t(b)\tthe environment; and\n\t(c)\tthe security of production or supply of natural gas (so far as this may be relevant).\n\t(3)\tAn assessment under this section must comply with any requirements prescribed by the regulations.\n\t(4)\tThe licensee must prepare a report on the assessment in a manner and form determined by the Minister and furnish a copy of the report to the Minister in accordance with the regulations.\n\t(5)\tA report under this section must comply with any other requirements prescribed by the regulations.\n\t(6)\tA licensee must promptly carry out any remedial action that is necessary or appropriate in view of a report under this section (and, in particular, must ensure that any identified risks are eliminated or reduced so far as is reasonably practicable).\n\t(7)\tA licensee who fails to comply with a requirement under this section is guilty of an offence.\nMaximum penalty: $120 000.\n\t(8)\tIn this section—\nprescribed facility means—\n\t(a)\ta transmission pipeline; or\n\t(b)\ta pipeline or flowline; or\n\t(c)\ta road or access track; or\n\t(d)\tany equipment to be used in the production, generation or processing of a regulated substance or a regulated resource; or\n\t(e)\ta water disposal pond; or\n\t(f)\ta well; or\n\t(g)\tan airstrip; or\n\t(h)\ta power line; or\n\t(i)\ttelecommunications infrastructure, other than mobile telecommunications equipment; or\n\t(j)\tpermanent fencing; or\n\t(k)\tany other thing brought within the ambit of this definition by the regulations.\n87—Activities to be carried out with due care and in accordance with good industry practice\nA licensee must carry out regulated activities—\n\t(a)\twith due care for—\n\t(i)\tthe health and safety of persons who may be affected by those activities; and\n\t(ii)\tthe environment; and\n\t(iii)\twhere relevant—the need to ensure, in a case where interruption of natural gas supply could cause significant social disruption, that facilities for processing and transporting natural gas are designed, constructed, managed and operated on a prudential basis so as to provide a reliable and adequate supply of natural gas; and\n\t(b)\tin accordance with good practice as recognised in the relevant industry.\n","sortOrder":24},{"sectionNumber":"Div 11","sectionType":"division","heading":"Minister's power to carry out work","content":"Division 11—Minister's power to carry out work\n88—Ministerial direction\n\t(1)\tThe Minister may, by notice in writing given to a licensee, direct the licensee—\n\t(a)\tto carry out specified obligations under this Act or the licence; or\n\t(ab)\tto take specified action required to ensure obligations under this Act or the licence are met; or\n\t(b)\tto cease specified activities that are contrary to this Act or the licence.\n\t(1a)\tA notice under subsection (1)—\n\t(a)\tmust specify the Minister's reasons for giving the direction; and\n\t(b)\tmust allow a reasonable time for compliance with the direction.\n\t(2)\tThe licensee must comply with a direction under subsection (1) within the time allowed in the notice.\n\t(3)\tIf the licensee fails to comply with a direction under subsection (1)(a) within the time allowed in the notice, the Minister may take the required action, or arrange for the required action to be taken, and recover the cost, as a debt, from the licensee.\n","sortOrder":25},{"sectionNumber":"Div 12","sectionType":"division","heading":"Surrender, suspension or cancellation of licence","content":"Division 12—Surrender, suspension or cancellation of licence\n89—Surrender\n\t(1)\tA licensee may apply to the Minister to surrender the licence or to surrender part of the licence area.\n\t(2)\tThe Minister may accept the surrender as from a date specified by the Minister in a notice of acceptance of the surrender given to the applicant.\n\t(3)\tIf the licensee surrenders part of the licence area, the licence continues in relation to the remainder of the licence area subject to any modification of its conditions that the Minister considers appropriate in view of the surrender.\n\t(4)\tThe Minister may accept a surrender on any one or more of the following conditions:\n\t(a)\tthat the applicant rehabilitate land affected by activities conducted under the licence;\n\t(b)\tthat the applicant pay any monetary obligations incurred before the surrender;\n\t(c)\tthat the applicant provide information that should have been, but has not been, provided before the surrender.\n90—Suspension of licence by agreement\nThe Minister may, by agreement with the licensee, suspend a licence for a specified period.\n91—Disciplinary power to suspend or cancel licence\n\t(1)\tIf a licensee fails to comply with this Act or a condition of the licence, the Minister may, by written notice given to the licensee—\n\t(a)\tsuspend the licence for a specified period or until the Minister terminates the suspension; or\n\t(b)\tcancel the licence.\n\t(2)\tBefore the Minister suspends or cancels the licence, the Minister must give the licensee a notice of default—\n\t(a)\tspecifying the default; and\n\t(b)\tstating the action that the Minister proposes to take; and\n\t(c)\tif the default is capable of being remedied—allowing the licensee a reasonable opportunity to remedy the default; and\n\t(d)\twhether or not the default is capable of being remedied—giving the licensee a reasonable opportunity to show cause why the proposed action should not be taken.\n\t(3)\tIf the notice allows the licensee an opportunity to remedy a default, and the licensee remedies the default to the Minister's satisfaction, the Minister is not to suspend or cancel the licence on the basis of that default.\n91A—Assignment of liability or obligation of licensee on surrender or cancellation of licence\n\t(1)\tThe Minister may, on application by a licensee before a licence is surrendered or cancelled under this Division, agree to the assignment of a liability or obligation of the licensee under this Act to a third party on terms and conditions determined by the Minister.\n\t(2)\tAn agreement under subsection (1) must be in a form, and address any matter, determined by the Minister.\n","sortOrder":26},{"sectionNumber":"Div 12A","sectionType":"division","heading":"Extension of term or reinstatement of licence","content":"Division 12A—Extension of term or reinstatement of licence\n91B—Extension of term of licence\n\t(1)\tThis section applies in relation to—\n\t(c)\ta production licence; or\n\t(d)\ta pipeline licence; or\n\t(e)\tan associated activities licence; or\n\t(f)\ta special facilities licence.\n\t(2)\tWithout limiting any other provision of this Act, the Minister may at any time extend the term of a licence to which this section applies if the Minister considers—\n\t(a)\tthat the holder of a licence to which this section applies has contravened a provision of this Act; and\n\t(b)\tthat the term of the licence should be extended in order to support the requirement that the licensee take action—\n\t(i)\tto rehabilitate land in accordance with the requirements of a statement of environmental outcomes; or\n\t(ii)\tto rehabilitate land to a standard required to secure compliance with a condition of the relevant licence; or\n\t(iii)\tto prevent or address undue damage to the environment,\n(including to the land or environment outside the area of the licence).\n\t(3)\tIf the Minister extends the term of a licence to which this section applies under subsection (2), the licensee must only undertake activities during the extended term that give effect to the requirements referred to in subsection (2)(b).\n\t(4)\tThe Minister must take reasonable steps to consult with the relevant licence holder before acting under subsection (2).\n\t(5)\tThe Minister may, in acting under this section—\n\t(a)\treduce the area of the licence to an area that is smaller than the area of the original licence at the time of its expiry; and\n\t(b)\tconfer rights of access to, and use of, land to which the licence relates on terms and conditions specified in the licence.\n\t(6)\tThe Minister must ensure that a notice of the extension of the term of a licence under this section is given to the licence holder and the owner of the land.\n91C—Reinstatement of licence\n\t(1)\tThis section applies in relation to—\n\t(c)\ta production licence; or\n\t(d)\ta pipeline licence; or\n\t(e)\tan associated activities licence; or\n\t(f)\ta special facilities licence,\n(being a licence that has expired).\n\t(2)\tThis section sets out a scheme that will allow the Minister to reinstate a licence to which this section applies that has expired.\n\t(3)\tThe Minister may act under this section if the Minister considers—\n\t(a)\tthat the holder of a licence to which this section applies has contravened a provision of this Act; and\n\t(b)\tthat the licence should be reinstated in order to support the requirement that the licensee take action—\n\t(i)\tto rehabilitate land in accordance with the requirements of a statement of environmental objectives; or\n\t(ii)\tto rehabilitate land to a standard required to secure compliance with a condition of the licence; or\n\t(iii)\tto prevent or address undue damage to the environment,\n(including to the land or environment outside the area of the licence).\n\t(4)\tIn connection with subsection (3), the only activities that the licensee may undertake during the period of the reinstatement are activities to give effect to the requirement referred to in subsection (3)(b).\n\t(5)\tThe Minister may act under this section despite the cessation of regulated activities under a licence on or before the expiration of the relevant licence.\n\t(6)\tIf the Minister decides to act under this section—\n\t(a)\tthe licence will be taken to have been reinstated from the date on which the licence expired or from a later date determined by the Minister; but\n\t(b)\tany section of this Act prescribed by the regulations will not apply in relation to the licence.\n\t(7)\tThe Minister may, in acting under this section—\n\t(a)\treinstate a licence in relation to an area that is smaller than the area of the original licence at the time of its expiry; and\n\t(b)\tconfer rights of access to and use of land to which the licence relates on terms and conditions specified in the licence.\n\t(8)\tThe term of the licence, as reinstated under this section, will be—\n\t(a)\ta term determined by the Minister; or\n\t(b)\ta term that expires at some later time on a date to be determined by the Minister.\n\t(9)\tThe Minister reinstates a licence under this section by notice in the Gazette.\n\t(10)\tThe Minister must ensure that a notice of the reinstatement of a licence under this section is given to the licensee and the owner of the land.\n","sortOrder":27},{"sectionNumber":"Div 13","sectionType":"division","heading":"Notice of grant etc of licence","content":"Division 13—Notice of grant etc of licence\n92—Notice to be published in Gazette\n\t(1)\tNotice of the grant, suspension or cancellation of a licence is to be published in the Gazette.\n\t(2)\tNotice of the surrender of a licence or part of a licence area is to be published in the Gazette.\n","sortOrder":28},{"sectionNumber":"Div 14","sectionType":"division","heading":"Interference with regulated activities","content":"Division 14—Interference with regulated activities\n93—Obligation not to interfere with regulated activities\nA person must not (except as authorised under this Act) interfere with regulated activities lawfully conducted under a licence.\nMaximum penalty: $150 000.\n","sortOrder":29},{"sectionNumber":"Div 15","sectionType":"division","heading":"Safety net","content":"Division 15—Safety net\n94—Safety net\n\t(1)\tThe Minister may enter into an agreement with a licensee—\n\t(a)\tthat, if the licence should at some future time be found to be wholly or partially invalid due to circumstances beyond the control of the licensee, the licensee will have a preferential right to the grant of a new licence; and\n\t(b)\tdealing with the terms and conditions on which the new licence will be granted.\n\t(2)\tThe Minister must consider any proposal by a licensee for an agreement under this section.\n","sortOrder":30},{"sectionNumber":"Part 12","sectionType":"part","heading":"Environment protection","content":"Part 12—Environment protection\nDivision 1—Objects\n95—Objects\n\t(1)\tThe object of this Part is to ensure that, in carrying out regulated activities, licensees—\n\t(a)\tensure that regulated activities that have (actually or potentially) adverse effects on the environment are properly managed to reduce environmental damage as far as reasonably practicable; and\n\t(b)\teliminate as far as reasonably practicable risk of significant long term environmental damage; and\n\t(c)\tensure that land adversely affected by regulated activities is properly rehabilitated.\n\t(2)\tThe Minister must, in acting under this Part, have regard to, and seek to further, the objects of the Landscape South Australia Act 2019.\nDivision 2—Environmental prerequisites\n96—Pre-conditions of regulated activities\nA licensee must not carry out regulated activities unless a statement of environmental objectives is in force for the relevant activities under this Part.\n","sortOrder":31},{"sectionNumber":"Div 2A","sectionType":"division","heading":"Environmental impact assessment criteria","content":"Division 2A—Environmental impact assessment criteria\n96A—Environmental impact assessment criteria\n\t(1)\tThe Minister must, by notice in the Gazette, determine criteria (the environmental impact assessment criteria) against which the environmental impact of regulated activities is to be assessed for the purposes of this Part.\n\t(2)\tThe Minister may, in accordance with any requirements prescribed by the regulations, undertake a review of the environmental impact assessment criteria determined under this section.\nDivision 3—Environmental impact report\n97—Environmental impact report\n\t(1)\tAn environmental impact report on regulated activities must be prepared in accordance with the regulations.\n\t(2)\tAn environmental impact report—\n\t(a)\tmust take into account cultural, amenity and other values of Aboriginal and other Australians insofar as those values are relevant to the assessment; and\n\t(b)\tmust take into account risks inherent in the regulated activities to the health and safety of the public; and\n\t(c)\tmust contain sufficient information to make possible an informed assessment of the likely impact of the activities on the environment.\n\t(3)\tAn environmental impact report—\n\t(a)\tmay relate to regulated activities generally or a particular class of regulated activities; and\n\t(b)\tmay be applicable to the whole of the State or be limited to a particular part of the State.\n\t(4)\tAn environmental impact report must include an assessment of the environmental impact of regulated activities to which the report applies against the environmental impact assessment criteria.\n\t(5)\tAn assessment under subsection (4) must be made in a manner, and comply with any requirements, determined by the Minister or prescribed by the regulations.\n\t(6)\tA licensee must undertake consultation on the proposed environmental impact report in accordance with the requirements of the regulations.\nDivision 4—Statements of environmental objectives\n99—Statement of environmental objectives\n\t(1)\tA statement of environmental objectives for regulated activities—\n\t(a)\tmust be prepared in accordance with the requirements prescribed by the regulations; and\n\t(b)\tmust be submitted to the Minister for approval.\n\t(2)\tIf the Minister directs that an approved statement of environmental objectives should be revised, a revised statement of environmental objectives—\n\t(a)\tmust be prepared in accordance with the requirements prescribed by the regulations; and\n\t(b)\tmust be submitted to the Minister for approval.\n\t(3)\tA licensee must undertake consultation on the proposed statement of environmental objectives in accordance with the requirements prescribed by the regulations.\n100—Content of statement of environmental objectives\n\t(1)\tA statement of environmental objectives for regulated activities—\n\t(a)\tmust state environmental objectives that must be achieved in carrying out regulated activities to which the statement applies; and\n\t(b)\tmust state criteria to be applied to determine whether the stated environmental objectives have been achieved in a particular case; and\n\t(c)\tmust set out—\n\t(i)\tleading performance criteria; and\n\t(ii)\timmediately reportable incidents and reportable incidents (both within the meaning of section 85); and\n\t(d)\tmust contain such other information as prescribed by the regulations.\n\t(2)\tOne of the environmental objectives must be the rehabilitation of land adversely affected by regulated activities.\n\t(4)\tA statement of environmental objectives—\n\t(a)\tmay be generally applicable throughout the State; or\n\t(b)\tmay be limited to a specific part of the State.\n101—Approval of statement of environmental objectives\n\t(1)\tThe Minister may—\n\t(a)\tapprove a statement (or revised statement) of environmental objectives without amendment; or\n\t(b)\tafter consultation with the licensee—require amendment to a statement (or revised statement) of environmental objectives or the environmental impact report on which the statement is based.\n\t(2)\tIf a statement (or revised statement) of environmental objectives is required to be amended under subsection (1)(b), but not substantially, the Minister may approve it in its amended form but, if it is substantially amended, the Minister must undertake public consultation in accordance with section 105A until it is approved without further substantial amendment.\n\t(3)\tWhen the Minister approves a statement (or revised statement) of environmental objectives, the Minister must give notice of the approval in the Gazette.\n\t(4)\tThe statement (or revised statement) of environmental objectives comes into force when notice of its approval is published in the Gazette or on a later date specified in the notice of approval.\n\t(5)\tWhen a revised statement of environmental objectives comes into force it supersedes the previous statement of environmental objectives for the relevant regulated activities.\n102—Review of statement of environmental objectives\n\t(1)\tAn approved statement of environmental objectives must be reviewed—\n\t(a)\tif the Minister directs that the statement of environmental objectives be reviewed; or\n\t(b)\tif a review is required at a time, or in circumstances, prescribed by the regulations.\n\t(2)\tA review must be conducted—\n\t(a)\tin accordance with any requirements prescribed by the regulations; and\n\t(b)\ttaking into account the requirements of section 100; and\n\t(c)\twithin a period prescribed by the regulations.\n\t(3)\tA statement of environmental objectives that is revised as a result of a review undertaken under this section must be submitted to the Minister in accordance with any requirements prescribed by the regulations.\n\t(4)\tThe Minister may, on receipt of a revised statement of environmental objectives submitted to the Minister under this section—\n\t(a)\tapprove the revised statement of environmental objectives without amendment; or\n\t(b)\trequire amendments to the revised statement of environmental objectives after consultation with the licensee.\n\t(5)\tIf a revised statement of environmental objectives submitted to the Minister under this section is required to be amended under subsection (4)(b), but not substantially, the Minister may approve it in its amended form but, if it is substantially amended, the Minister must undertake public consultation in accordance with section 105A until it is approved without further substantial amendment.\n103A—Specially protected areas\n\t(1)\tIf a statement (or revised statement) of environmental objectives applies to a specially protected area or the Murray‑Darling Basin, the Minister must not approve the statement (or revised statement) without the concurrence of the relevant Minister.\n\t(2)\tIf the Minister to whom the administration of this Act is committed and the relevant Minister cannot reach agreement, the Ministers must take steps to refer the matter to the Governor and the Governor will determine the matter (and any decision taken by the Governor will be taken to be a decision of the Minister under this Act).\n104—Commencement of statement of environmental objectives\n\t(1)\tWhen the Minister approves a statement (or a revised statement) of environmental objectives, the Minister must have notice of the approval published in the Gazette.\n\t(2)\tThe statement (or revised statement) of environmental objectives comes into force when notice of its approval is published in the Gazette or on a later date stated in the notice of approval.\n\t(3)\tWhen a revised statement of environmental objectives comes into force it supersedes the previous statement of environmental objectives for the relevant regulated activities.\n105—Licensee must comply with statement of environmental objectives\n\t(1)\tIt is mandatory condition of every licence that the licensee must comply with an approved statement of environmental objectives relevant to activities carried out under the licence.\n","sortOrder":32},{"sectionNumber":"Div 4A","sectionType":"division","heading":"Consultation by Minister","content":"Division 4A—Consultation by Minister\n105A—Consultation by Minister on environmental impact report and statement of environmental objectives\n\t(1)\tSubject to this Part, the Minister must, in accordance with the requirements prescribed by the regulations, undertake public consultation on—\n\t(a)\tthe environmental impact report; and\n\t(b)\ta statement (or revised statement) of environmental objectives.\n\t(2)\tWithout limiting subsection (1), regulations made under this section may address the following:\n\t(a)\tthe manner and form in which the Minister is to give notice to members of the public that consultation is to occur;\n\t(b)\tthe manner in which the environmental impact report or statement (or revised statement) of environmental objectives may be made available to members of the public;\n\t(c)\tthe manner in which submissions are to be made to the Minister and the time before which submissions must be provided to the Minister (which must be not less than 30 business days from the day on which notice is given under paragraph (a));\n\t(d)\tthe publication of submissions by the Minister (including that the Minister may refuse to publish submissions on grounds that the submissions are irrelevant, offensive or on any other grounds that the Minister thinks fit);\n\t(e)\tany action that must be undertaken by the licensee as a result of, or in response to, the consultation.\n\t(3)\tSubject to the regulations, in determining whether or not to approve a statement (or revised statement) of environmental objectives, the Minister must have regard to any submissions received under this section.\nDivision 5—The environmental register\n106—Environmental register\n\t(1)\tThe Minister must maintain an environmental register.\n\t(2)\tThe register must contain—\n\t(a)\ta copy of every environmental impact report prepared for the purposes of this Act; and\n\t(b)\ta copy of the current environmental impact assessment criteria; and\n\t(c)\ta copy of every current statement of environmental objectives approved under this Act and a copy of the environmental impact report on which the statement is based; and\n\t(d)\ta copy of a report of a prescribed kind submitted by the licensee in connection with a statement (or revised statement) of environmental objectives; and\n\t(e)\tany other document prescribed by the regulations.\n107—Environmental register to be available for inspection\n\t(1)\tThe environmental register is to be available for inspection, without fee, during ordinary office hours at a public office, or public offices, determined by the Minister.\n\t(2)\tThe Minister must ensure that copies of material on the environmental register can be purchased for a reasonable fee at the public office, or public offices, at which the register is kept available for inspection.\n\t(3)\tThe Minister must ensure that the environmental register can be inspected at the department's website.\nDivision 6—General provisions for environmental protection\n108—Environmental directions\n\t(1)\tIf, in the Minister's opinion, regulated activities are being conducted in a way that results in, or that is reasonably likely to result in—\n\t(a)\tundue damage to the environment; or\n\t(b)\ta breach of a statement of environmental objectives; or\n\t(c)\tany other breach of this Act,\nthe Minister may, by written notice given to a licensee (an environmental direction), direct that action be taken to comply with specified requirements to prevent or minimise damage to the environment (to the extent necessary to address the relevant matter arising under paragraph (a), (b) or (c)).\n\t(2)\tAn environmental direction may impose any requirement reasonably required for the purpose for which the direction is issued including 1 or more of the following:\n\t(a)\ta requirement that a person specified or identified in the direction discontinue, or not commence, a specified activity indefinitely or for a specified period or until further notice from the Minister or an authorised officer;\n\t(b)\ta requirement that a person specified or identified in the direction take specified action in a specified way, and within a specified period or at specified times or in specified circumstances;\n\t(c)\ta requirement that a person specified or identified in the direction take action to prevent or minimise any damage to the environment, or to control any specified activity;\n\t(d)\ta requirement that a person specified or identified in the direction undertake specified tests or monitoring and, in relation to such a requirement—\n\t(i)\ta requirement that the tests or monitoring be carried out by a person with specified qualifications or experience; or\n\t(ii)\ta requirement that a report or reports be provided to the Minister, or to any other specified person;\n\t(e)\ta requirement that a person specified or identified in the direction take specified action to rehabilitate or restore any land;\n\t(f)\ta requirement that a person specified or identified in the direction prepare a plan of action (that complies with any specified requirements and to the satisfaction of the Minister) to prevent or address—\n\t(i)\tundue damage to the environment; or\n\t(ii)\ta breach of a statement of environmental objectives; or\n\t(iii)\tany other breach of this Act;\n\t(g)\ta requirement that a person specified or identified in the direction provide the Minister with specified results or reports.\n\t(3)\tAn environmental direction must—\n\t(a)\tspecify the grounds on which the direction is issued; and\n\t(b)\tallow a reasonable time for compliance with the direction.\n\t(4)\tA person to whom an environmental direction relates must comply with the direction within the time specified in the direction.\n\t(5)\tThe Minister may, after giving an environmental direction, review the adequacy of the relevant statement of environmental objectives and, if it appears on the review that a revised statement of environmental objectives is appropriate, the Minister may take the necessary steps to have a revised statement of environmental objectives prepared and brought into force.\n\t(6)\tThe Minister must ensure that the owner of land is notified of an environmental direction.\n109—Rehabilitation directions\n\t(1)\tThe Minister may direct, by written notice given to a licensee (a rehabilitation direction), that action be taken—\n\t(a)\t—\n\t(i)\tto rehabilitate land in accordance with the requirements of a statement of environmental objectives; or\n\t(ii)\tto rehabilitate land to a standard required to secure compliance with a condition of the relevant licence,\n(including land outside the area of the licence); or\n\t(b)\tto remove decommissioned equipment and facilities.\n\t(2)\tA rehabilitation direction—\n\t(a)\tmust specify the grounds on which the direction is issued; and\n\t(b)\tmust allow a reasonable time for compliance with the direction.\n\t(3)\tA licensee must comply with a rehabilitation direction within the time allowed in the direction.\n\t(4)\tFor the purposes of this section, a rehabilitation direction may be issued at any time (including after a licence has expired or been cancelled or surrendered) and a reference to a licensee extends (in all cases) to the holder of a licence that has since expired, or has been cancelled or surrendered (but, in such a case, a notice may only be given to the person who was the holder of the licence immediately before its expiration, cancellation or surrender).\n\t(5)\tThe Minister must ensure that the owner of land is notified of a rehabilitation direction.\n110—Application for review of direction\n\t(1)\tThe licensee or former licensee required to comply with a direction under this Division may apply to the ERD Court for a review of the direction within 14 days after receiving the direction.\n\t(2)\tUnless the Court decides to the contrary, an application for review of a direction under this Division does not suspend operation of the direction.\n\t(3)\tOn review of a direction under this Division, the ERD Court may—\n\t(a)\tconfirm the direction (with or without modification); or\n\t(b)\trevoke the direction.\n111—Liability for damage caused by authorised activities\n\t(1)\tA licensee (or former licensee) is liable to compensate the State for the cost of environmental rehabilitation the State is reasonably required to carry out as a result of serious environmental damage, or the threat or potential of serious environmental damage (insofar as this may be reasonably assessed), arising from activities carried out under the licence.\n\t(2)\tIf a licensee provides the Minister with a report, made by an independent expert acceptable to the Minister, containing an assessment of the risk inherent in regulated activities, and of the precautions necessary to eliminate or minimise the risk, the Minister may enter into an agreement with the licensee under which—\n\t(a)\tthe licensee is obliged to take specified precautions to eliminate or minimise the risk; and\n\t(b)\tthe licensee's liability under this section is limited or excluded.\n\t(2a)\tA report under subsection (2) must be made in a manner, and comply with any requirements, determined by the Minister and notified to the licensee.\n\t(3)\tThe Minister may recover compensation on behalf of the State under this section in a court having jurisdiction in cases of tort up to the amount claimed.\n","sortOrder":33},{"sectionNumber":"Part 13","sectionType":"part","heading":"Registrable dealings","content":"Part 13—Registrable dealings\nDivision 1—Registrable dealings\n112—Registrable dealings\nThe following are registrable dealings:\n\t(a)\tany transaction under which the interest conferred by a licence is mortgaged, charged, or made the security for a liability;\n\t(b)\ta joint venture agreement, farm in agreement, joint operating agreement or other transaction under which a person acquires, or may acquire, an interest in—\n\t(i)\tresources discovered, utilised or recovered under an exploration, retention or production licence; or\n\t(ii)\tthe proceeds of any business conducted under a licence;\n\t(c)\tthe transfer or assignment of a licence or an interest in a licence.\n113—Requirement for approval and registration of registrable dealings\n\t(1)\tA registrable dealing cannot take effect unless the Minister has approved and registered the dealing.\n\t(2)\tHowever, the terms of a registrable dealing may provide that, on approval by the Minister, it takes effect retrospectively from a specified date.\n114—Application for approval\n\t(1)\tA party to a registrable dealing may apply to the Minister for approval and registration of the dealing.\n\t(2)\tAn application for approval and registration of a registrable dealing—\n\t(a)\tmust be made in writing to the Minister; and\n\t(b)\tmust be accompanied by a copy of the instrument effecting the dealing; and\n\t(c)\tmust be accompanied by the information and materials required under the regulations; and\n\t(d)\tmust be accompanied by the prescribed fee.\n\t(3)\tOn approving a registrable dealing, the Minister must register the dealing in the appropriate register.\nDivision 2—The public register\n115—Public register\n\t(1)\tThe Minister must maintain a public register of licences.\n\t(2)\tThe register must contain—\n\t(a)\tthe terms and conditions of each licence issued under this Act; and\n\t(b)\tthe name of the licensee; and\n\t(c)\tan accurate description of the licence area or in the case of a pipeline licence the route of the pipeline; and\n\t(d)\ta note of any registrable dealing affecting the licence; and\n\t(e)\tany other information (other than commercially sensitive information) the Minister considers appropriate to the public register.\n\t(3)\tThe public register may be kept in the form of a computer record.\n116—Public register to be available for inspection\n\t(1)\tThe public register is to be available for inspection, without fee, during ordinary office hours at a public office, or public offices, determined by the Minister.\n\t(2)\tThe Minister must ensure that copies of material on the public register can be purchased for a reasonable fee at the public office, or public offices, at which the register is kept available for inspection.\n\t(3)\tThe Minister must ensure that the public register can be inspected at the department's website (but is not required to have available for inspection on the website material that was included in the register before the commencement of this Act unless the Minister has the material in the form of electronic data).\nDivision 3—The commercial register\n117—Commercial register\n\t(1)\tThe Minister must maintain a commercial register.\n\t(2)\tThe commercial register must contain, in relation to each licence—\n\t(a)\ta copy of each document, related to the licence, effecting or recording the terms of a registrable dealing; and\n\t(b)\tother information the Minister considers appropriate to the commercial register.\n\t(3)\tThe commercial register may be kept in the form of a computer record.\n118—Authority to search register\n\t(1)\tA person is entitled to have access to the material included in the commercial register, on payment of the prescribed inspection fee, if the access is authorised by—\n\t(a)\ta person who has a legal or equitable interest in the relevant licence or registered dealing; or\n\t(b)\tthe Minister.\n\t(2)\tThe Minister must not authorise access under subsection (1)(b) unless the Minister has consulted with the licensee to whom the material relates and is satisfied that access should be authorised in the public interest.\n","sortOrder":34},{"sectionNumber":"Part 14","sectionType":"part","heading":"Investigation and enforcement","content":"Part 14—Investigation and enforcement\n119—Authorised investigations\nAn investigation by an authorised officer is an authorised investigation if the purpose of the investigation is—\n\t(a)\tto monitor compliance with this Act; or\n\t(b)\tto gather information about a suspected offence against this Act; or\n\t(c)\tto gather information about personal injury or loss of property related to authorised activities; or\n\t(d)\tto gather information about the environmental impact of authorised activities; or\n\t(e)\tto gather other information relevant to the administration or enforcement of this Act.\n120—Powers of entry and inspection\n\t(1)\tFor the purpose of carrying out an authorised investigation, an authorised officer may—\n\t(a)\tenter land, and inspect the land and any operations or activities conducted on the land; or\n\t(b)\texamine anything on the land; or\n\t(c)\ttake photographs, films or videos; or\n\t(d)\tcarry out tests on wells, facilities and equipment; or\n\t(e)\ttake and remove samples; or\n\t(f)\ttake and remove any thing that may be evidence of non-compliance with this Act.\n\t(2)\tA person must not, without reasonable excuse, obstruct an authorised officer in the exercise of powers under this section.\n\t(3)\tA person must give an authorised officer such assistance as is reasonably required for the effective exercise of a power conferred by this section.\nMaximum penalty: $10 000 or imprisonment for 6 months.\n121—Power to gather information\n\t(1)\tAn authorised officer may require a person who may be in a position to provide information relevant to any matter subject to an authorised investigation—\n\t(a)\tto answer a question relevant to the investigation; or\n\t(b)\tto take reasonable steps to obtain information relevant to the investigation and to pass it on to the authorised officer.\n\t(2)\tA person required to answer a question under this section must answer the question to the best of the person's knowledge, information and belief.\n\t(3)\tA person of whom a requirement is made under subsection (1)(b) must comply with the requirement.\n\t(4)\tA person is not required to answer a question or to provide information under this section if the answer to the question or the information would tend to incriminate the person of an offence and the person objects to answering the question or providing the information on that ground.\n122—Production of records\n\t(1)\tThis section applies to records relating to—\n\t(a)\tauthorised activities; or\n\t(b)\tthe production of a regulated substance; or\n\t(c)\tthe sale of, or any other dealing with, a regulated substance produced under this Act; or\n\t(d)\tother matters relevant to the calculation of the royalty payable on any such substance; or\n\t(e)\tmatters relevant to the calculation of rent payable by the holder of a licence under this Act.\n\t(2)\tA person who has possession or control of a record to which this section applies must, at the request of an authorised officer—\n\t(a)\tproduce the record for inspection by the authorised officer; and\n\t(b)\tanswer any questions that the authorised officer reasonably asks about the record.\n\t(3)\tAn authorised officer may retain records produced under this section for the purpose of making copies of them.\n123—Publication of results of investigation\n\t(1)\tThe Minister may publish a report setting out the results of an authorised investigation.\n\t(2)\tA report published under this section is protected by absolute privilege.\n\t(3)\tInformation on the authorised investigations carried out during the course of a year must be included in a report published by the department on an annual basis.\n","sortOrder":35},{"sectionNumber":"Part 15","sectionType":"part","heading":"Reconsideration and reviews","content":"Part 15—Reconsideration and reviews\nDivision 1—Application of this Part\n124—Decisions etc subject to review\nThe following are reviewable administrative acts:\n\t(a)\ta decision to grant or refuse an application for a licence;\n\t(b)\ta decision to refuse an application for the renewal of a licence;\n\t(c)\ta decision to impose licence conditions or about the nature of licence conditions;\n\t(d)\ta decision to suspend or cancel a licence;\n\t(e)\ta determination requiring the holder of a pipeline licence to provide access to the pipeline or a decision not to make such a determination;\n\t(ea)\ta decision to refuse an application, or revoke an approval, for a change in control in the holder of a licence under section 86AAB;\n\t(f)\ta direction to a licensee or former licensee under this Act;\n\t(g)\ta decision about the material to be included in or excluded from a register kept under this Act;\n\t(h)\tthe imposition of an administrative penalty;\n\t(i)\tthe imposition of penalty interest or a fine on account of a failure to pay royalty, rent or an annual licence fee under this Act.\nDivision 2—Reconsideration\n125—Application for reconsideration\n\t(1)\tA person directly affected by a reviewable administrative act may, within 14 days after receiving notice of the act, apply to the Minister for reconsideration.\n\t(2)\tA person is not to be regarded as directly affected by a decision to grant or refuse an application for a licence unless the person was an applicant for the licence.\n\t(3)\tAn application under this section—\n\t(a)\tmust be made in writing; and\n\t(b)\tmust set out in detail the grounds on which the applicant asks for reconsideration of the administrative act.\n\t(4)\tAn application under this section will not postpone the effect of the reviewable administrative act unless the Minister decides that it should do so and suspends its operation accordingly.\n126—Constitution of advisory committee\n\t(1)\tOn receipt of an application for reconsideration of a reviewable administrative act, the Minister will constitute an advisory committee to advise on whether the administrative act should be altered or revoked.\n\t(2)\tThe advisory committee will consist of people with experience relevant to the questions the committee is to consider.\n\t(3)\tA person who is a member of the department, or who has a direct or indirect interest in a licence in force under this Act, is not eligible for appointment to an advisory committee.\n\t(4)\tHowever, the Minister need not constitute an advisory committee to advise on an application if of the opinion that—\n\t(a)\tthe application is frivolous or vexatious; or\n\t(b)\tthe application does not raise issues on which the Minister requires external advice.\n127—Minister's decision on application for reconsideration\n\t(1)\tThe Minister will, after considering the advice of the advisory committee (if any), decide the application for reconsideration and, in doing so, may confirm, vary or revoke the relevant administrative act.\n\t(2)\tIf an advisory committee was constituted, the Minister is bound to consider its advice but is not bound by the advice.\n\t(3)\tThe Minister must give the applicant written notice of the Minister's decision on the application.\nDivision 3—Reviews\n128—Reviews\n\t(1)\tAn applicant who is dissatisfied with the Minister's decision on an application for reconsideration under this Part may apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for a review of the Minister's decision.\n\t(2)\tAn application for review must be made within 1 month after the applicant receives notice of the Minister's decision.\nTribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.\n","sortOrder":36},{"sectionNumber":"Part 16","sectionType":"part","heading":"Miscellaneous","content":"Part 16—Miscellaneous\n129—False or misleading information\nA person who gives information to the Minister, an authorised officer or any other person involved in the administration of this Act that is false or misleading in a material particular is guilty of an offence.\nMaximum penalty: $150 000.\n130—Self‑incrimination\n\t(1)\tIt is not an excuse for an individual to refuse to provide information required by, or under a direction under, this Act on the ground that to do so might tend to incriminate the person or make the person liable to a penalty.\n\t(2)\tHowever, if compliance with a requirement to provide information might tend to incriminate the person or make the person liable to a penalty, then the fact of the provision of the information is not admissible in evidence against the person in proceedings for an offence or for the imposition of a penalty (other than proceedings in respect of giving false or misleading information).\n130A—Avoidance of duplication of procedures etc\n\t(1)\tThe purpose of this section is to provide for the avoidance of unnecessary duplication of procedures and compliance requirements under the Commonwealth Act and this Act where an activity requires authorisation under this Act and approval under the Commonwealth Act.\n\t(2)\tDespite any other provision of this Act, the Minister may—\n\t(a)\taccept a Commonwealth Act document as an application, notice or other document for the purposes of this Act if (subject to subsection (5)) the document complies with the requirements of this Act; and\n\t(b)\tdirect that a procedure taken under the Commonwealth Act in relation to a Commonwealth Act document that has been accepted by the Minister under paragraph (a) will be taken to have fulfilled the requirement for a procedure in relation to the relevant document under this Act if the requirements of this Act in relation to the procedure have been complied with; and\n\t(c)\tinstead of the Minister, or some other person, preparing a plan, report, statement, assessment or other document under this Act, adopt or accept the whole or part of a document (whether a plan, report, statement, assessment or other document of the same kind or not) used, or to be used, for the purposes of the Commonwealth Act as the document required under this Act if (subject to subsection (5)) the document has been prepared in compliance with this Act and complies with the requirements of this Act.\n\t(3)\tTo avoid doubt, where a controlled action under the Commonwealth Act is an activity or part of an activity, or includes an activity, for which a licence is required under this Act, the Minister, when considering—\n\t(a)\tan application for a licence for the activity; or\n\t(b)\twhether to give written approval for activities pursuant to a licence requiring high level official surveillance; or\n\t(c)\twhether to approve a statement (or revised statement) of environmental objectives,\nmay use information and other material provided to the Commonwealth Minister under the Commonwealth Act for the purpose of deciding whether to give his or her approval to the controlled action under that Act.\n\t(4)\tWhere a controlled action under the Commonwealth Act is an activity or part of an activity, or includes an activity, for which a licence is required under this Act, the Minister—\n\t(a)\tmust, if the Commonwealth Minister has given his or her approval to the controlled action, consider whether—\n\t(i)\tthe discretionary conditions (if any) to be attached to the licence; or\n\t(ii)\tthe conditions or requirements of the statement or revised statement of environmental objectives approved by the Minister in relation to the activity authorised by the licence,\nshould be consistent with the conditions (if any) attached to the Commonwealth Minister's approval under the Commonwealth Act;\n\t(b)\tmay determine that—\n\t(i)\tthe licence will be subject to a condition; or\n\t(ii)\ta statement or revised statement of environmental objectives approved by the Minister in relation to the activity authorised by the licence should include a condition or requirement,\nrequiring compliance with all or some of the conditions attached to the Commonwealth Minister's approval under the Commonwealth Act.\n\t(5)\tA document accepted or adopted under subsection (2)—\n\t(a)\tmay be in a form that does not comply with the requirements of this Act; and\n\t(b)\tmay include information or other material that is irrelevant for the purposes of this Act.\n\t(6)\tOnce a document is accepted or adopted under subsection (2) or a direction has been given in relation to a procedure under subsection (2)(b), the document or procedure will not be invalid or ineffective for the purposes of this Act because a court, tribunal or other authority has decided that it is invalid or ineffective for the purposes of the Commonwealth Act.\n\t(7)\tIn this section—\nassessment report means—\n\t(a)\tan assessment report as defined in the Commonwealth Act by reference to section 84(3), 95, 100 or 105 of that Act; or\n\t(b)\ta report under section 121 of the Commonwealth Act;\nCommonwealth Act means the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth;\nCommonwealth Act document means—\n\t(a)\ta referral under section 68, 69 or 71 of the Commonwealth Act; or\n\t(b)\tinformation given by a person to the Minister under the Commonwealth Act under section 86 of that Act; or\n\t(c)\tinformation and invitation published by a proponent under section 93 of the Commonwealth Act; or\n\t(d)\tguidelines prepared under section 97 or 102 of the Commonwealth Act; or\n\t(e)\ta draft report prepared under section 98 of the Commonwealth Act; or\n\t(f)\ta finalised report prepared under section 99 of the Commonwealth Act; or\n\t(g)\ta draft statement prepared under section 103 of the Commonwealth Act; or\n\t(h)\ta finalised statement prepared under section 104 of the Commonwealth Act; or\n\t(i)\tan assessment report.\n131—Saving of powers with respect to Crown land etc\n\t(1)\tNeither this Act nor a licence takes away or limits the power of the Governor or a Minister of the Crown to reserve, dedicate, grant, sell or otherwise deal with or dispose of land.\n\t(2)\tHowever, any such reservation, dedication, grant, sale or other dealing or disposition of land is subject to rights earlier conferred under this Act.\n132—Charge on property if debt due to Crown\n\t(1)\tThis section applies to property (other than real property) if the owner of the property is liable to pay a debt due to the Crown under this Act.\n\t(2)\tA charge on the property to secure payment of the debt to the Crown is created by force of this section.\n\t(3)\tA charge created on property under subsection (2)—\n\t(a)\thas priority over any other interest in the property (including a security interest within the meaning of the Personal Property Securities Act 2009 of the Commonwealth); and\n\t(b)\thas priority over all other encumbrances; and\n\t(c)\tis not affected by a change in ownership of the property.\n\t(4)\tSection 73(2) of the Personal Property Securities Act 2009 of the Commonwealth applies to the charge.\n\t(5)\tThe charge remains in force until the debt is paid in full or otherwise discharged.\n133—Proof of administrative acts\nIn legal proceedings, a decision, determination, valuation, direction or other act under this Act by the Minister may be proved by production of a certificate apparently signed by the Minister.\n134—Extension of time limits\n\t(1)\tThe Minister has a discretion to extend time limits fixed by or under this Act.\n\t(2)\tA time limit may be extended under this section even though it has, at the time of the extension, already expired.\n\t(3)\tA note of each decision to extend a time limit under this section must be included in the public register.\n135—Disclosure of information\nAn authorised officer or any other person who carries out or has carried out duties related to the administration of this Act must not disclose confidential information obtained by them in the course of the administration of this Act except—\n\t(a)\tto another person in the course of the administration of this Act; or\n\t(b)\tas permitted by the person in whose favour the duty of confidentiality exists; or\n\t(c)\tas permitted by the Minister after consultation (where practicable) with the person in whose favour the duty of confidentiality exists; or\n\t(d)\tto a person for the purposes of ensuring compliance with a requirement of this Act or a prescribed Act; or\n\t(e)\tto a prescribed authority or an officer or employee of a prescribed authority; or\n\t(f)\tas required by law; or\n\t(g)\tas is otherwise necessary for the proper administration of this Act or a prescribed Act.\n136—Administrative penalties\n\t(1)\tThis section applies to any provision of this Act (or the regulations) at the foot of which the words \"Administrative penalty\" appear.\n\t(2)\tIf a licensee contravenes a provision to which this section applies, the Minister may, by notice in writing to the licensee, impose an administrative penalty on the licensee.\n\t(3)\tIf the contravention is of a continuing nature, the Minister may impose a further administrative penalty by way of a daily penalty for every day the contravention continues from the date of the notice until the contravention is remedied.\n\t(4)\tThe amount of an administrative penalty—\n\t(a)\tin the case of an administrative penalty that is not a daily penalty—an amount (not exceeding $15 000) fixed by regulation in relation to the relevant provision;\n\t(b)\tin the case of a daily penalty—an amount (not exceeding $1 000) fixed by regulation in relation to the relevant provision.\n\t(5)\tAn administrative penalty may be recovered as a debt due to the Crown.\n\t(6)\tIf an administrative penalty has been imposed in relation to a particular act or default, the same act or default cannot be made the subject of proceedings for an offence against this Act and if proceedings for an offence against this Act have been brought in relation to a particular act or default, an administrative penalty cannot be imposed for the same act or default.\n137—Preservation of rights under Cooper Basin (Ratification) Act 1975\nNothing in this Act affects rights conferred by the Cooper Basin (Ratification) Act 1975.\n138—Regulations and fee notices\n\t(1)\tThe Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.\n\t(2)\tWithout limiting the generality of subsection (1), the regulations may—\n\t(a)\tregulate the conduct of operations involved in exploration for, or the production of, a regulated substance or a regulated resource; and\n\t(b)\tprohibit or restrict activities that may result in waste—\n\t(i)\tof a regulated resource or a regulated substance; or\n\t(ii)\tassociated with undertaking a regulated activity; and\n\t(c)\trequire licensees generally or a particular class of licensee to provide prescribed information certified, if the regulations so require, by declaration under this Act; and\n\t(d)\tprovide that any matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Minister; and\n\t(e)\tprescribe a penalty not exceeding $20 000 for a contravention of any regulation.\n\t(3)\tA regulation may be of general or limited application and may vary in operation according to factors stated in the regulation.\n\t(4)\tThe Governor may, by regulation, make provisions of a saving or transitional nature consequent on the amendment of this Act by another Act.\n\t(5)\tA provision made by a regulation under subsection (4) may be in addition to any provision of a saving or transitional nature made by the Act that makes the amendment.\n\t(6)\tA provision made by a regulation under subsection (4) may, if the regulations so provide, take effect from the commencement of the amendment or from a later day.\n\t(7)\tTo the extent to which a provision takes effect under subsection (6) from a day earlier than the day of the publication of the regulation in the Gazette, the provision does not operate to the disadvantage of a person by—\n\t(a)\tdecreasing the person's rights; or\n\t(b)\timposing liabilities on the person.\n\t(8)\tThe Minister may prescribe fees for the purposes of this Act by fee notice under the Legislation (Fees) Act 2019.\nSchedule—Transitional provisions\n2—Continuation of licences\n\t(1)\tA petroleum exploration licence, a petroleum production licence, or a pipeline licence that was in force under the repealed Act immediately before the commencement of this Act continues in force under this Act, subject to its terms and conditions, as an exploration licence, a production licence or a pipeline licence (as the case requires) under this Act for the balance of the term for which it was granted or last renewed.\n\t(2)\tAn exploration licence or a production licence under subsection (1) will be taken to include (and to have always included and despite section 4(1)) an authorisation to use a natural reservoir for storage of a regulated substance.\n3—Preservation of operation of the repealed Act for certain purposes\n\t(1)\tAn application for a licence under the repealed Act that has not been finally dealt with under that Act before the commencement of this Act will continue as if it were an application for a corresponding licence under this Act.\n\t(2)\tIf the regulations so provide, the provisions of the repealed Act apply (or continue to apply), to the exclusion of the corresponding provisions of this Act and subject to any modifications that may be prescribed by the regulations—\n\t(a)\tto an application within the ambit of subsection (1) (as if it were still an application for a licence under the repealed Act); or\n\t(b)\tto the grant or renewal of a licence under this Act (as if it were a licence under the repealed Act).\n4—Limitation on certain rights\n\t(1)\tThe rights of the holder of a transitional licence are not to be more extensive than if the repealed Act had continued in force.\n\t(2)\tA transitional licence cannot be converted into a retention licence under section 41(1)(a).\n\t(3)\tA transitional licence is—\n\t(a)\ta licence under the repealed Act continued in force under this Act (see section 2); or\n\t(b)\ta licence granted under this Act pursuant to an application made under the repealed Act (see section 3).\n\t(4)\tWithout limiting a preceding subsection—\n\t(a)\tthe provisions of section 32 of the repealed Act will apply in relation to the renewal of a transitional licence; and\n\t(b)\tif a transitional licence is—\n\t(i)\tamalgamated or replaced under section 82; or\n\t(ii)\tdivided under section 83,\nthen—\n\t(iii)\tany licence arising from the action taken under the relevant section will be taken to be a transitional licence; and\n\t(iv)\tthe provisions of section 32 of the repealed Act will apply in relation to the renewal of any licence arising from the action taken under the relevant section.\n\t(5)\tThe following additional provisions will apply in relation to a petroleum production licence to which the Cooper Basin (Ratification) Act 1975 applies:\n\t(a)\tthe term of a licence is 31 years with a right of renewal from time to time of 21 years; and\n\t(b)\tsubsection (4) will apply in relation to the amalgamation, replacement or division of any such licence.\n5—Environmental assessments\nThe Minister may accept and act on an environmental assessment made before the commencement of this Act if the Minister is of the opinion that the assessment was competently made and is appropriate for the purposes for which an environmental impact report is required under this Act.\n6—Statements of environmental objectives\n\t(1)\tIf in the Minister's opinion a document has, before the commencement of this Act, fulfilled a purpose corresponding to the purpose of a statement of environmental objectives under this Act, the Minister may publish the document in the Gazette.\n\t(2)\tOn publication of a document under this section, it is taken to be a statement of environmental objectives made under this Act.\n7—Presumptive classification of activities\n\t(1)\tIf arrangements for the protection of the environment had been established to the satisfaction of the Minister under regulation 16(2) of the Petroleum Regulations 1989, the activities to be carried out under the relevant licence are taken to have been classified, on the commencement of this Act, as activities requiring low level official surveillance for the purposes of section 74.\n\t(2)\tThis does not prevent a change of classification under section 74(4).\n8—Non-application of certain provisions to certain pipelines\nSections 52, 53 and 54 have no application to the Pipeline Licences Nos. 2 and 5, or the pipeline land relating to those pipelines.\nLegislative history\nNotes\n\t•\tAmendments of this version that are uncommenced are not incorporated into the text.\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nFormerly\nPetroleum Act 2000\nPetroleum and Geothermal Energy Act 2000\nLegislation repealed by principal Act\nThe Energy Resources Act 2000 repealed the following:\nPetroleum Act 1940\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n Petroleum Act 2000\n27.7.2000\n25.9.2000 (Gazette 21.9.2000 p2042)\n Statutes Amendment (Avoidance of Duplication of Environmental Procedures) Act 2001\n17.5.2001\nPt 6 (s 8)—14.6.2001 (Gazette 14.6.2001 p2221)\n Statutes Amendment (Courts and Judicial Administration) Act 2001\n6.12.2001\nPt 11 (ss 26 & 27)—3.2.2002 (Gazette 24.1.2002 p346)\n River Murray Act 2003\n31.7.2003\nSch (cl 19)—24.11.2003 (Gazette 20.11.2003 p4203)\n Natural Resources Management Act 2004\n5.8.2004\nSch 4 (cl 37)—2.9.2004 (Gazette 2.9.2004 p3545)\n Adelaide Dolphin Sanctuary Act 2005\n14.4.2005\nSch 2 (cll 54—57)—4.6.2005 (Gazette 2.6.2005 p1684)\n Marine Parks Act 2007\n29.11.2007\nSch 1 (cll 44—47)—6.11.2008 (Gazette 6.11.2008 p5055)\n Crown Land Management Act 2009\n4.6.2009\nSch 1 (cl 3)—1.6.2010 (Gazette 18.2.2010 p816)\n Petroleum (Miscellaneous) Amendment Act 2009\n23.7.2009\nPt 2 (ss 4—62) & Sch 1 (cll 3—6)—1.10.2009 (Gazette 1.10.2009 p4764)\n Statutes Amendment (Public Sector Consequential Amendments) Act 2009\n10.12.2009\nPt 110 (s 262)—1.2.2010 (Gazette 28.1.2010 p320)\n Mining (Miscellaneous) Amendment Act 2010\n18.11.2010\nSch 1 (cl 1)—1.7.2011 (Gazette 9.6.2011 p2545)\n Statutes Amendment (Personal Property Securities) Act 2011\n14.4.2011\nPt 21 (s 53)—16.6.2011 (Gazette 16.6.2011 p2610)\n Petroleum and Geothermal Energy (Transitional Licences) Amendment Act 2012\n27.9.2012 except s 6—25.9.2000: s 2\n Statutes Amendment (Budget 2016) Act 2016\nPt 9 (ss 82—85)—8.12.2016: s 2(1)\n Statutes Amendment (SACAT No 2) Act 2017\n28.11.2017\nPt 34 (ss 192 to 194)—22.2.2018 (Gazette 30.1.2018 p524)\n Petroleum and Geothermal Energy (Ban on Hydraulic Fracturing) Amendment Act 2018\n Landscape South Australia Act 2019\n21.11.2019\nSch 5 (cll 65 & 66)—1.7.2020 (Gazette 25.6.2020 p3502)\n Supreme Court (Court of Appeal) Amendment Act 2019\n19.12.2019\nSch 1 (cll 72 to 76)—1.1.2021 (Gazette 10.12.2020 p5638)\n Petroleum and Geothermal Energy (Energy Resources) Amendment Act 2023\n23.11.2023\n14.12.2023 (Gazette 14.12.2023 p4134) except ss 3 & 4, 6 to 41, 43 to 71 & Sch 1—11.4.2024 (Gazette 11.4.2024 p627)\n Hydrogen and Renewable Energy Act 2023\n23.11.2023\nSch 1 (cl 12)—11.7.2024 (Gazette 11.7.2024 p2114)\nBiodiversity Act 2025\n26.6.2025\nSch 5 (cl 19)—uncommenced\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended under Legislation Revision and Publication Act 2002\n\namended by 34/2023 s 3\nPt 1\n\nPt 1 Div 1\n\ns 1\namended by 35/2009 s 4\n\namended by 34/2023 s 4\ns 2\nomitted under Legislation Revision and Publication Act 2002\nPt 1 Div 2\n\ns 3\namended by 35/2009 s 5\n\nsubstituted by 34/2023 s 5\nPt 1 Div 3\n\ns 4\n\ns 4(1)\n\nAdelaide Dolphin Sanctuary\ninserted by 5/2005 Sch 2 (cl 54(1))\nauthorised officer\namended by 34/2023 s 6(1)\nbusiness day\ndeleted by 34/2023 s 6(2)\ncompetitive tender region\ninserted by 35/2009 s 6(1)\ncontravention\ndeleted by 34/2023 s 6(3)\nenergy resource\ninserted by 34/2023 s 6(4)\nenvironment\nsubstituted by 34/2023 s 6(4)\nfacility\ninserted by 34/2023 s 6(5)\ngeothermal energy\namended by 34/2023 s 6(6)\nhighly prospective region\ndeleted by 35/2009 s 6(2)\nleading performance criteria\ninserted by 34/2023 s 6(7)\nlicence\namended by 35/2009 s 6(3), (4)\n\namended by 34/2023 s 6(8)\nmarine park\ninserted by 60/2007 Sch 1 cl 44(1)\nMinister for the Adelaide Dolphin Sanctuary\ninserted by 5/2005 Sch 2 (cl 54(2))\n\ndeleted by 60/2007 Sch 1 cl 44(1)\nMurray-Darling Basin\ninserted by 35/2003 Sch cl 19(a)\nnatural reservoir\namended by 34/2023 s 6(9)\noccupier\ndeleted by 35/2009 s 6(5)\nowner\nsubstituted by 35/2009 s 6(5)\n\namended by 37/2023 Sch 1 cl 12\n11.7.2024\npetroleum\namended by 35/2009 s 6(6)\npipeline\nsubstituted by 34/2023 s 6(10)\nproduce\ndeleted by 34/2023 s 6(11)\nproducing a regulated resource\ninserted by 34/2023 s 6(11)\nproducing a regulated substance\ninserted by 34/2023 s 6(11)\nprospectivity\namended by 34/2023 s 6(12)\nrecord\nsubstituted by 34/2023 s 6(13)\nregulated resource\namended by 34/2023 s 6(14)\nregulated substance\namended by 35/2009 s 6(7)\n\namended by 34/2023 s 6(15)\nrelevant Act\ninserted by 60/2007 Sch 1 cl 44(2)\nrelevant court\namended by 69/2001 s 26\n3.2.2002\n\namended by 45/2019 Sch 1 cl 72\nrelevant Minister\ninserted by 60/2007 Sch 1 cl 44(3)\nRiver Murray Protection Area\ninserted by 60/2007 Sch 1 cl 44(4)\nspecially protected area\ninserted by 60/2007 Sch 1 cl 44(4)\ntenement\ninserted by 35/2009 s 6(8)\ntransmission pipeline\namended by 35/2009 s 6(9)\n\nsubstituted by 34/2023 s 6(16)\ns 4(2)\namended by 34/2023 s 6(17), (18)\ns 4(3)\ninserted by 35/2009 s 6(10)\nPt 1 Div 4\n\ns 5\n\ns 5(1)\namended by 34/2023 s 7(1)\ns 5(2)\namended by 34/2023 s 7(2)\ns 5(3)\ninserted by 35/2009 s 7\nPt 2\n\nPt 2 Div 1\n\ns 6A\ninserted by 5/2005 Sch 2 (cl 55)\n\nsubstituted by 60/2007 Sch 1 cl 45\n\namended by 33/2019 Sch 5 cl 65\ns 7\n\ns 7(1a)\ninserted by 57/2016 s 82\nPt 2 Div 2\n\ns 8\nsubstituted by 34/2023 s 8\ns 9\n\ns 9(1)\namended by 34/2023 s 9(1)\ns 9(3)\ninserted by 34/2023 s 9(2)\nPt 2 Div 3\ninserted by 34/2023 s 10\nPt 3\n\nPt 3 Div 1\n\ns 10\n\ns 10(1)\namended by 35/2009 s 8\n\nsubstituted by 34/2023 s 11(1)\ns 10(2)\nsubstituted by 34/2023 s 11(1)\ns 10(3)\namended by 34/2023 s 11(2), (4), (5)\n\n(b) deleted by 34/2023 s 11(3)\n\n(g), (h) deleted by 34/2023 s 11(5)\n\n(j) deleted by 34/2023 s 11(6)\nPt 3 Div 1A\ninserted by 24/2018 s 3\nPt 3 Div 2\n\ns 12\n\ns 12(1)\ns 12 redesignated as s 12(1) by 5/2005 Sch 2 (cl 56)\ns 12(2)—(4)\ninserted by 5/2005 Sch 2 (cl 56)\n\nceased to have effect and omitted under Legislation Revision and Publication Act 2002\ns 12(2) and (3)\ninserted by 60/2007 Sch 1 cl 46\ns 13\namended by 35/2009 s 9(1), (2)\n\namended by 34/2023 s 12\ns 13A\ninserted by 11/2011 s 53\n16.6.2011\nPt 3 Div 3\n\ns 14\n\ns 14(4)\ninserted by 35/2009 s 10\ns 15\n\ns 15(2)\namended by 35/2009 s 11\nPt 4\n\nPt 4 Div 1\n\nsubstituted by 35/2009 s 12\ns 16\n\ns 16(1)\namended by 35/2009 s 13(1)\ns 16(2)\namended by 35/2009 s 13(2)\ns 16\nsubstituted by 34/2023 s 13\nPt 4 Div 3\n\nsubstituted by 35/2009 s 14\ns 21\nsubstituted by 35/2009 s 15\ns 21(1)\namended by 34/2023 s 14(1), (2)\ns 21(2)\namended by 34/2023 s 14(3), (4)\ns 21(3)\namended by 34/2023 s 14(5)\ns 22\n\ns 22(1)\namended by 35/2009 s 16(1)—(3)\n\nsubstituted by 34/2023 s 15\ns 22(3)\namended by 35/2009 s 16(4)\ns 24\n\ns 24(2)\nsubstituted by 35/2009 s 17\n\namended by 34/2023 s 16\ns 25\n\ns 25(4)\namended by 35/2009 s 18(1)\ns 25(4a)\ninserted by 35/2009 s 18(2)\ns 26\n\ns 26(1)\namended by 34/2023 s 17\ns 26(2)\nsubstituted by 35/2009 s 19(1)\ns 26(3)\namended by 35/2009 s 19(2)\ns 26(5a) and (5b)\ninserted by 35/2009 s 19(3)\ns 27\n\ns 27(1)\nsubstituted by 35/2009 s 20(1)\n\namended by 34/2023 s 18(1)\ns 27(1a)\ninserted by 35/2009 s 20(1)\ns 27(2a)\ninserted by 35/2009 s 20(2)\n\namended by 34/2023 s 18(2)\nPt 5\n\ns 28\nsubstituted by 35/2009 s 21\ns 28(1)\namended by 34/2023 s 19(1), (2)\ns 28(2)\namended by 34/2023 s 19(3)\ns 29\ndeleted by 35/2009 s 21\ns 30\n\ns 30(1)\namended by 35/2009 s 22(1)\n\namended by 34/2023 s 20(1)\ns 30(1a)\ninserted by 35/2009 s 22(2)\n\namended by 34/2023 s 20(2)\ns 31\n\ns 31(1)\ns 31 amended and redesignated as s 31(1) by 35/2009 s 23(1), (2)\n\nsubstituted by 34/2023 s 21\ns 31(2)\ninserted by 35/2009 s 23(2)\ns 32\n\ns 32(1)\namended by 34/2023 s 22\ns 32(3) and (4)\ninserted by 35/2009 s 24\ns 33\n\ns 33(4)\namended by 35/2009 s 25(1)\ns 33(5)\ninserted by 35/2009 s 25(2)\nPt 6\n\ns 34\nsubstituted by 35/2009 s 26\ns 34(1)\namended by 34/2023 s 23(1), (2)\ns 34(4)\nsubstituted by 34/2023 s 23(3)\ns 34(4a)\ninserted by 34/2023 s 23(3)\ns 35\n\ns 35(1)\namended by 35/2009 s 27(1), (2)\n\namended by 34/2023 s 24(1), (2)\ns 35(3)\namended by 35/2009 s 27(3), (4)\ns 35(3a)\ninserted by 34/2023 s 24(3)\ns 35(4)\ninserted by 35/2009 s 27(5)\ns 35(5)\ninserted by 34/2023 s 24(4)\ns 36\n\ns 36(1)\namended by 35/2009 s 28\ns 37\n\ns 37(1)\ns 37 amended and redesignated as s 37(1) by 35/2009 s 29(1), (2)\n\namended by 34/2023 s 25\ns 37(2)\ninserted by 35/2009 s 29(2)\ns 38\n\ns 38(5)\ninserted by 35/2009 s 30\ns 41\n\ns 41(1)\namended by 35/2009 s 31\ns 42\n\ns 42(1)\namended by 35/2009 s 32\nPt 7\n\ns 43\n\ns 43(3)\namended by 35/2009 s 33(1)\ns 43(4)\namended by 57/2016 s 83(1)\n\namended by 34/2023 s 26(1)\ns 43(5a)\ninserted by 35/2009 s 33(2)\n\namended by 57/2016 s 83(2)\ns 43(5b)\ninserted by 35/2009 s 33(2)\n\namended by 57/2016 s 83(3)\ns 43(8)\namended by 57/2016 s 83(4)\ns 43(9)\namended by 57/2016 s 83(5)\ns 43(10)\namended by 57/2016 s 83(6)\n\namended by 45/2019 Sch 1 cl 73\ns 43(11)\namended by 57/2016 s 83(7)\ns 43(12)\ninserted by 35/2009 s 33(3)\ns 43(13)\ninserted by 34/2023 s 26(2)\ns 44\n\ns 44(1)\namended by 57/2016 s 84(1)\ns 44(2)\namended by 57/2016 s 84(2)\ns 45\namended by 57/2016 s 85\nPt 7A\ninserted by 34/2023 s 27\nPt 8\n\ns 46\n\ns 46(1)\namended by 35/2009 s 34(1)\ns 46(6)\ninserted by 35/2009 s 34(2)\ns 48\namended by 34/2023 s 28\ns 55A\ninserted by 35/2009 s 35\nPt 9\n\nsubstituted by 35/2009 s 36\ns 56\n\ns 56(1)\namended by 35/2009 s 37(1), (2)\ns 56(2)\namended by 35/2009 s 37(3)\ns 56(3)\namended by 35/2009 s 37(4)\ns 57\n\ns 57(1)\nsubstituted by 35/2009 s 38(1)\ns 57(2)\namended by 35/2009 s 38(2)\ns 58\n\ns 58(1)\ns 58 amended and redesignated as s 58(1) by 35/2009 s 39(1), (2)\ns 58(2)\ninserted by 35/2009 s 39(2)\ns 59\n\ns 59(1) and (2)\ns 59(3)\namended by 35/2009 s 40(1), (2)\n\namended by 34/2023 s 29\ns 59(4)\ns 59(5) and (6)\n\namended by 45/2019 Sch 1 cl 74\nPt 9A\ninserted by 35/2009 s 41\ns 59A\ndeleted by 34/2023 s 30\ns 59B\n\ns 59B(1)\namended by 34/2023 s 31(1)\ns 59B(2)\namended by 34/2023 s 31(2)\ns 59C\ndeleted by 34/2023 s 32\ns 59D\n\ns 59D(2)\namended by 34/2023 s 33(1), (2)\ns 59E\n\ns 59E(3)\namended by 34/2023 s 34\ns 59E(5) and (6)\namended by 45/2019 Sch 1 cl 75\nPt 10\n\ns 61\n\ns 61(1)\namended by 35/2009 s 42(1)\ns 61(3)\ninserted by 35/2009 s 42(2)\ns 62\n\ns 62(1)\namended by 35/2009 s 43(1)\ns 62(3)\namended by 35/2009 s 43(2)\ns 63\n\ns 63(2)\namended by 35/2009 s 44(1), (2)\ns 63(3aa)\ninserted by 21/2010 Sch 1 cl 1\n1.7.2011\ns 63(3a)\ninserted by 35/2009 s 44(3)\ns 63(5)\nsubstituted by 35/2009 s 44(4)\ns 63(6)\ninserted by 35/2009 s 44(4)\nPt 11\n\nPt 11 Div 1\n\ns 65\n\ns 65(1)\namended by 34/2023 s 35(1)—(3)\ns 65(1a)—(1c)\ninserted by 35/2009 s 45(1)\ns 65(2)\namended by 34/2023 s 35(4), (5)\ns 65(6)\namended by 35/2009 s 45(2), (3)\nPt 11 Div 2\n\ns 68\n\ns 68(1)\nsubstituted by 35/2009 s 46(1)\ns 68(2)\ndeleted by 35/2009 s 46(1)\ns 68(5)\ninserted by 35/2009 s 46(2)\ns 69\n\ns 69(1)\ns 69 amended and redesignated as s 69(1) by 35/2009 s 47(1), (2)\n\namended by 34/2023 s 36\ns 69(2)\ninserted by 35/2009 s 47(2)\nPt 11 Div 3\n\ns 73A\ninserted by 34/2023 s 37\ns 74\n\ns 74(1), (2), (3) and (5)\namended by 35/2009 s 48\ns 76A\ninserted by 35/2009 s 49\ns 77\namended by 34/2023 s 38\nPt 11 Div 5\n\ns 79\n\ns 79(1)\namended by 35/2009 s 50(1)\ns 79(5)\namended by 35/2009 s 50(2)\ns 79(6)\namended by 45/2019 Sch 1 cl 76\nPt 11 Div 6\n\ns 80\n\ns 80(1)\namended by 20/2009 Sch 1 cl 3\n1.6.2010\nPt 11 Div 8\n\ns 82\n\ns 82(2)\nsubstituted by 34/2012 s 4\ns 82(2a)\ninserted by 34/2012 s 4\ns 82(3)\nsubstituted by 35/2009 s 51\ns 83\n\ns 83(2)\namended by 35/2009 s 52(1)\ns 83(2a)\ninserted by 34/2012 s 5\ns 83(4)\ninserted by 35/2009 s 52(2)\nPt 11 Div 9\n\ns 84\n\ns 84(1)\namended by 34/2023 s 39\ns 85\n\ns 85(1)\n\nserious incident\namended by 35/2009 s 53\ns 85\nsubstituted by 34/2023 s 40\ns 86\n\ns 86(1)\nsubstituted by 34/2023 s 41(1)\ns 86(2)\namended by 35/2009 s 54(1)\ns 86(5a)\ninserted by 34/2023 s 41(2)\ns 86(6) and (7)\ninserted by 35/2009 s 54(2)\nPt 11 Div 9A\ninserted by 34/2023 s 42\nPt 11 Div 10\n\ns 86A\ninserted by 35/2009 s 55\n\nheading amended by 34/2023 s 43(1)\ns 86A(1)\nsubstituted by 34/2023 s 43(2)\ns 86A(2)\ndeleted by 34/2023 s 43(2)\ns 86A(8)\ninserted by 34/2023 s 43(3)\ns 87\namended by 34/2023 s 44\nPt 11 Div 11\n\ns 88\n\ns 88(1)\namended by 34/2023 s 45(1)\ns 88(1a)\ninserted by 34/2023 s 45(2)\ns 88(2)\namended by 34/2023 s 45(3)\nPt 11 Div 12\n\ns 91A\ninserted by 34/2023 s 46\nPt 11 Div 12A\ninserted by 34/2023 s 47\nPt 11 Div 14\n\ns 93\namended by 34/2023 s 48\nPt 12\n\nPt 12 Div 1\n\ns 95\n\ns 95(1)\ns 95 redesignated as s 95(1) by 34/2004 Sch 4 cl 37\ns 95(2)\ninserted by 34/2004 Sch 4 cl 37\n\namended by 33/2019 Sch 5 cl 66\nPt 12 Div 2\n\ns 96\namended by 34/2023 s 49\nPt 12 Div 2A\ninserted by 34/2023 s 50\nPt 12 Div 3\n\namended by 34/2023 s 51\ns 97\n\ns 97(4)—(6)\ninserted by 34/2023 s 52\ns 98\ndeleted by 34/2023 s 53\nPt 12 Div 4\n\ns 99\nsubstituted by 34/2023 s 54\ns 100\n\ns 100(1)\namended by 35/2009 s 56\n\namended by 34/2023 s 55(1)\ns 100(3)\ndeleted by 34/2023 s 55(2)\nss 101 and 102\nsubstituted by 34/2023 s 56\ns 103\ndeleted by 34/2023 s 56\ns 103A\ninserted by 35/2003 Sch cl 19(b)\n\nsubstituted by 60/2007 Sch 1 cl 47\ns 103B\ninserted by 5/2005 Sch 2 (cl 57)\n\ndeleted by 60/2007 Sch 1 cl 47\ns 105\n\namended by 34/2023 s 57(1)\ns 105(2) and (3)\ndeleted by 34/2023 s 57(2)\ns 105(4)\namended by 35/2009 s 57\n\ndeleted by 34/2023 s 57(2)\nPt 12 Div 4A\ninserted by 34/2023 s 58\nPt 12 Div 5\n\ns 106\n\ns 106(2)\nsubstituted by 34/2023 s 59\nPt 12 Div 6\n\nss 108 and 109\nsubstituted by 34/2023 s 60\ns 110\n\n amended by 34/2023 s 61(1)\ns 110(1)—(3)\n amended by 34/2023 s 61(2)\ns 111\n\ns 111(1)\namended by 35/2009 s 58\ns 111(2a)\n inserted by 34/2023 s 62\nPt 13\n\ns 112\namended by 35/2009 s 59\nPt 14\n\ns 120\n\ns 120(2)\n amended by 34/2023 s 63(1)\ns 120(3)\n inserted by 34/2023 s 63(2)\ns 121\n\ns 121(2)\n amended by 34/2023 s 64(1)\ns 121(3)\n amended by 34/2023 s 64(2)\ns 122\n\ns 122(1)\n amended by 34/2023 s 65(1)\ns 122(2)\n amended by 34/2023 s 65(2)\ns 123\n\ns 123(3)\nsubstituted by 35/2009 s 60\nPt 15\n\nsubstituted by 51/2017 s 192\nPt 15 Div 1\n\ns 124\n amended by 34/2023 s 66(1), (2)\nPt 15 Div 3\nsubstituted by 51/2017 s 193\nPt 16\n\nss 129 and 130\n substituted by 34/2023 s 67\ns 130A\ninserted by 16/2001 s 8\n14.6.2001\ns 130A(3)\namended by 35/2009 s 61\ns 132\ndeleted by 84/2009 s 262\n1.2.2010\ns 132\n inserted by 34/2023 s 68\ns 135\n substituted by 34/2023 s 69\ns 136\n\ns 136(4)\n amended by 34/2023 s 70\ns 138\n substituted by 34/2023 s 71\nSch\n\ns 1\nomitted under Legislation Revision and Publication Act 2002\ns 2\n\ns 2(1)\ns 2 redesignated as s 2(1) by 35/2009 s 62(1)\ns 2(2)\ninserted by 35/2009 s 62(1)\ns 4\n\ns 4(4) and (5)\ninserted by 34/2012 s 6\n25.9.2000\ns 7\n\ns 7(1)\namended by 35/2009 s 62(2)\nTransitional etc provisions associated with Act or amendments\nStatutes Amendment (Courts and Judicial Administration) Act 2001\n27—Transitional provision\nThe amendments made to the principal Act by this Part—\n\t(a)\tdo not apply in respect of proceedings commenced before the commencement of the Part (and those proceedings may continue as if this Act had not been enacted); and\n\t(b)\tapply in respect of proceedings commenced after the commencement of this Part (including proceedings in respect of a claim arising before the commencement of this Part).\nPetroleum (Miscellaneous) Amendment Act 2009, Sch 1\n3—Interpretation\n\t(1)\tIn this Part—\ngas storage tenement means—\n\t(a)\ta gas storage exploration licence; or\n\t(b)\ta gas storage retention licence; or\n\t(c)\ta gas storage licence;\nprincipal Act means the Petroleum Act 2000;\nrelevant day means a day appointed by proclamation as the relevant day for the purposes of the provision in which the term is used;\ntransitional tenement means—\n\t(c)\ta production licence,\nheld under the principal Act on the commencement of this clause.\n\t(2)\tIn this Part, terms used have meanings consistent with the meanings they have in the principal Act.\n4—Existing licences\n\t(1)\tOn or after the relevant day, the Minister—\n\t(a)\tmay, on the Minister's own initiative; and\n\t(b)\tmust, on application by the holder of a transitional tenement,\nissue a gas storage tenement that corresponds to the transitional tenement.\n\t(2)\tUntil a gas storage tenement is issued under subclause (1) in relation to a transitional tenement—\n\t(a)\tthe person who was the holder of the transitional tenement immediately before the relevant day may undertake any operations relating to gas storage authorised under the transitional tenement; and\n\t(b)\tthe only application that may be made for a gas storage tenement in relation to any part of an area held under the transitional tenement is the holder of the transitional tenement.\n\t(3)\tSubclauses (1) and (2) do not apply to a licence that has been granted in relation to a source of geothermal energy before the relevant day.\n\t(4)\tA gas storage tenement issued under subclause (1) will be subject to such conditions as the Minister thinks appropriate after taking into account the conditions attached to the relevant transitional tenement.\n\t(5)\tFor the purposes of this clause—\n\t(a)\ta gas storage exploration licence corresponds to an exploration licence; and\n\t(b)\ta gas storage retention licence corresponds to a retention licence; and\n\t(c)\ta gas storage licence corresponds to a production licence.\n5—Existing applications\n\t(1)\tAn application for an exploration licence, a retention licence or a production licence may, on the Minister's own initiative or on application, be varied and continue as if it were an application for a gas storage tenement as well and will be subject to the operation of the principal Act as amended by this Act.\n\t(2)\tWithout limiting the operation of subclause (1), section 65(1a) of the principal Act, as enacted by this Act, will extend to an application for an exploration licence made before the relevant day (with any ranking determined from the day and the time that the application was received by the Minister under the principal Act before its amendment by this Act).\n6—References to associated facilities licences\nA reference in any agreement, instrument or other document to an associated facilities licence will be taken to be a reference to an associated activities licence.\nPetroleum and Geothermal Energy (Transitional Licences) Amendment Act 2012, Sch 1\n1—Transitional provisions\n\t(1)\tIn this clause—\nprincipal Act means the Petroleum and Geothermal Energy Act 2000.\n\t(2)\tSubsection (2a) of section 82 of the principal Act, as enacted by this Act, will be taken to extend to a consolidation of adjacent licence areas that occurred before the commencement of this Act and accordingly to any licence that relates to a consolidated licence area issued under that section before the commencement of this Act.\n\t(3)\tSubsection (2a) of section 83 of the principal Act, as enacted by this Act, will be taken to extend to a division of a licence area that occurred before the commencement of this Act and accordingly to any licence that relates to any new licence area issued under that section before the commencement of this Act.\n\t(4)\tThe term of a licence within the ambit of subsection (4) of section 4 of the Schedule of the principal Act, as enacted by this Act, renewed or issued under the principal Act before the commencement of this Act will be 21 years (subject to any right of renewal under section 32 of the repealed Act and despite any provision made by regulation under the principal Act before the commencement of this Act).\nStatutes Amendment (SACAT No 2) Act 2017, Pt 34\n194—Transitional provisions\n\t(1)\tA right of appeal under section 128 of the principal Act in existence before the relevant day (but not exercised before that day) will be exercised as if this Part had been in operation before that right arose, so that the relevant proceedings may be commenced before the Tribunal rather than the District Court.\n\t(2)\tNothing in this section affects any proceedings before the District Court commenced before the relevant day.\nprincipal Act means the Petroleum and Geothermal Energy Act 2000;\nrelevant day means the day on which this Part comes into operation;\nTribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.\nPetroleum and Geothermal Energy (Energy Resources) Amendment Act 2023, Sch 1—Transitional and saving etc provisions\n1—Interpretation\n\t(1)\tIn this Schedule—\nprincipal Act means the Petroleum and Geothermal Energy Act 2000;\nrelevant day means the day on which this Schedule comes into operation;\nrelevant period means the period beginning on the relevant day and ending on the day on which a revised statement of environmental objectives comes into force;\nrevised statement of environmental objectives means a statement of environmental objectives revised on or after the relevant day.\n\t(2)\tIn this Schedule, terms used have the same meanings consistent with the meanings they have in the principal Act.\n2—Serious incident\nA serious incident as defined in section 85 of the principal Act as in force immediately before the relevant day, will, during the relevant period, be taken to be an immediately reportable incident within the meaning of section 85 of the principal Act as in force on or after the relevant day.\n3—Fitness for purpose assessment\nA fitness for purpose assessment carried out by a licensee under section 86A of the principal Act as in force immediately before the relevant day will, until 12 months after the relevant day, be taken to satisfy the requirements under section 86A of the principal Act as in force on or after the relevant day.\n4—Statement of environmental objectives\nA statement of environmental objectives in force under Part 12 of the principal Act immediately before the relevant day will, during the relevant period—\n\t(a)\tcontinue to apply in relation to the carrying out of regulated activities by a licensee under the principal Act; and\n\t(b)\tbe subject to the operation of Part 12 of the principal Act as in force immediately after the relevant day (including requirements that apply in relation to a statement of environmental objectives that is revised or reviewed on or after the relevant day); and\n\t(c)\tbe taken to satisfy the requirements of Part 12 of the principal Act, subject to prescribed modifications.\n5—Authorisation of withdrawal of regulated substance under gas storage licence\n\t(1)\tThe Minister may, on or after the relevant day—\n\t(a)\ton the Minister's own initiative; or\n\t(b)\ton application by the holder of a gas storage licence,\nauthorise the holder of a gas storage licence granted under the principal Act before the relevant day to undertake operations for the withdrawal of a regulated substance (other than a naturally occurring underground accumulation of a regulated substance) from the natural reservoir in which it has been stored.\n\t(2)\tAn application under subclause (1)(b) must be made in a manner and form determined by the Minister.\n\t(3)\tAn authorisation under subclause (1)—\n\t(a)\tmust be issued to the holder of the relevant gas storage licence by written notice; and\n\t(b)\tmay be subject to such conditions specified in the notice of authorisation as the Minister thinks necessary consequent on the issuing of the authorisation.\n6—Corresponding tenements\n\t(1)\tThe Minister may, on or after the relevant day—\n\t(a)\ton the Minister's own initiative; or\n\t(b)\ton application by the holder of a designated tenement,\nissue by written notice to the holder of a designated tenement a regulated substance tenement that corresponds to the designated tenement.\n\t(2)\tAn application under subclause (1)(b) must be made in a manner and form determined by the Minister.\n\t(3)\tA regulated substance tenement issued under subclause (1) may be subject to such conditions as the Minister thinks necessary consequent on the issuing of the regulated substance tenement.\n\t(4)\tFor the purposes of subclauses (1) to (3) (inclusive)—\n\t(a)\ta regulated substance exploration licence corresponds to an exploration licence; and\n\t(b)\ta regulated substance retention licence corresponds to a retention licence; and\n\t(c)\ta regulated substance production licence corresponds to a production licence.\n\t(5)\tIn this clause—\ndesignated tenement means—\n\t(c)\ta production licence,\ngranted under the principal Act before the relevant day;\nregulated substance tenement means—\n\t(a)\ta regulated substance exploration licence; or\n\t(b)\ta regulated substance retention licence; or\n\t(c)\ta regulated substance production licence.\nHistorical versions\nRetrospective amendment not included in Reprints 1—3 (see s 6 of 34/2012)\n\nReprint No 1—14.6.2001\n\nReprint No 2—3.2.2002\n\nReprint No 3—24.11.2003\n\n1.2.2010\n\n1.6.2010\n\n16.6.2011\n\n1.7.2011\n\n","sortOrder":37}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"completionTokens":954},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act has significantly expanded beyond its original petroleum-focused scope. Originally enacted as the Petroleum Act 2000, it was renamed to Petroleum and Geothermal Energy Act 2000, then to Energy Resources Act 2000. The 2023 amendments (Act 34/2023) substantially broadened the scope to include: hydrogen and hydrogen compounds as regulated substances; carbon dioxide storage and direct air capture facilities; new rental provisions for natural reservoir storage (Part 7A); new 'special facilities licences' for processing and energy generation; and expanded 'regulated substance' categories. The Act now covers the full energy transition spectrum from traditional petroleum to renewable hydrogen and carbon capture, reflecting a fundamental shift from a petroleum regulatory regime to a comprehensive energy resources framework."},"complexity_factors":["Extensive cross-referencing between 16 Parts and multiple Divisions, with many sections containing numerous subsections","47+ defined terms in the interpretation section (section 4), many with their own nested definitions","Multiple licence classes (8 classes) with 4 categories each for exploration, retention and production licences, creating a matrix of regulatory requirements","Nested exceptions and conditional logic throughout — for example, section 10(2) lists 5 exceptions to regulated activities, and section 68 establishes compatibility rules between licence types","Extensive transitional provisions in the Schedule and multiple amendment Acts with their own transitional provisions","Environmental approval framework requiring statements of environmental objectives, environmental impact reports, and public consultation with multiple approval stages","Interaction provisions with Commonwealth legislation (notably the Environment Protection and Biodiversity Conservation Act 1999) creating parallel regulatory requirements","Complex royalty calculation provisions in section 43 with multiple formulas, exemptions, and review mechanisms involving both Minister and Treasurer","Change in control provisions (Division 9A of Part 11) with intricate definitions of 'control' and timing requirements","Multiple registers to maintain (public register, commercial register, environmental register) with different access rules"],"plain_english_summary":"This is South Australia's **Energy Resources Act 2000**, a comprehensive law that regulates how companies explore for, extract, transport, and store energy resources like petroleum, natural gas, geothermal energy, and hydrogen.\n\n**What it does:**\n- **Establishes a licensing system** with multiple types of licences: exploration licences (to search for resources), retention licences (to hold discovered resources while deciding whether to produce them), production licences (to extract and sell resources), pipeline licences (to transport resources), and several others for supporting activities.\n- **Sets environmental protections** requiring all licensees to prepare and follow \"statements of environmental objectives\" — essentially environmental management plans that must be approved by the Minister. The Act mandates rehabilitation of damaged land and creates an environmental register that the public can inspect.\n- **Imposes royalties and fees** — companies must pay the government 10% of the value of petroleum and other regulated substances they produce, plus 2.5% for geothermal energy. There are also annual licence fees and rental payments for using underground reservoirs for storage.\n- **Creates enforcement powers** including authorised officers who can enter land, inspect operations, gather information, and issue environmental directions. The Minister can suspend or cancel licences for non-compliance.\n- **Protects landholders** by requiring 21 days' notice before entry, providing for compensation for damage or interference with land use, and allowing landholders to apply for court orders if entry is disputed.\n\n**Who it affects:**\n- **Energy companies** seeking to explore or produce petroleum, gas, geothermal energy, or hydrogen in South Australia\n- **Landholders** (farmers, pastoralists, native title holders) whose land may be accessed for energy activities\n- **The South Australian Government** — the Minister administers the Act and the Treasurer collects royalties\n- **The public** — through environmental protections, public registers, and consultation requirements\n\n**Key recent additions:**\n- A **10-year moratorium on hydraulic fracturing (fracking)** in the southeast of the state (Mount Gambier and surrounding areas)\n- Provisions for **hydrogen and carbon dioxide storage**, reflecting the energy transition\n- **Change in control provisions** requiring Ministerial approval when ownership of licence-holding companies changes hands\n\n**Why it matters:** This Act balances encouraging energy development (which brings jobs and revenue to the state) with protecting the environment, ensuring landholder rights, and maintaining public safety. It's been amended numerous times to expand from petroleum to include geothermal energy, gas storage, and now hydrogen — reflecting South Australia's evolving energy mix."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Unable to assess whether the Act's scope changed from its original intent — no legislative text was available for analysis. The page returned by the source URL contained only a website error message and navigation links, not the content of the Energy Resources Act 2000."},"complexity_factors":["No legislative text was retrievable — the source URL returned a 404/Page Not Found error","The SA legislation website underwent a structural update on 24 March 2026, breaking pre-existing hyperlinks","Complexity cannot be meaningfully assessed without access to the Act's actual provisions","Score of 1 reflects absence of analysable content, not simplicity of the underlying law"],"plain_english_summary":"This South Australian Act governs the regulation and management of energy resources in SA; it affects resource companies, regulators and stakeholders involved in exploration, extraction and resource planning. The text couldn’t be retrieved (site returned “Page Not Found”), so no reliable legal analysis is possible until the official statute is located or OPC fixes the link. Visit legislation.sa.gov.au or contact OPCWeb@sa.gov.au to obtain the Act."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act's scope has broadened from a predominantly petroleum‑centred framework to a wider 'energy resources' regime. The text now expressly covers hydrogen and hydrogen compounds, carbon dioxide and other substances, geothermal energy, use of natural reservoirs for storage, and special facilities such as carbon capture or direct air capture (see s4 definitions; s59B; Part 7A ss45A–45D). The 2023–2024 amendments (reflected in the definitions and new Parts) and added corporate control and environmental provisions (see Division 9A ss86AA–86AAC; Part 12 ss96–105) extend regulatory reach beyond the original petroleum focus and increase administrative oversight and compliance obligations."},"complexity_factors":["Breadth of regulated activities and definitions (exploration, production, storage, geothermal, pipelines, hydrogen, CO2, 'regulated substance') — see s10 and s4 (definitions).","Multiple licence classes with overlapping and compatible rights (preliminary, speculative, exploration, retention, production, pipeline, associated activities, special facilities) — see s13, Parts 3–9 and s59B.","Extensive ministerial discretions to grant, vary, suspend, cancel licences and to set conditions and fees (including security, work program approval, excisions, renewals) — see s12, s25, s66, s76, s88.","Detailed environmental regime requiring statements of environmental objectives, environmental impact reports, public consultation and enforceable directions and rehabilitation powers — see Part 12 (ss96–111).","Land‑access, compensation and compulsory acquisition rules that affect property rights and create judicial review paths (entry notice, disputed entry, compensation, acquisition) — see Parts 10 (ss60–64) and 52.","Economic obligations and collection mechanisms (royalty at prescribed percentages, rental for reservoir storage, returns, penalties and recovery as debt) — see ss43–45 and Part 7A (ss45A–45D).","Corporate control and registrable dealings regime requiring Ministerial approval and registration of transfers, mortgages, joint ventures and change‑in‑control approvals — see Part 13 (ss112–114) and Division 9A (ss86AA–86AAC).","Enforcement and compliance architecture combining criminal penalties, administrative penalties, authorised officers' powers of entry/inspection and investigatory powers — see ss119–123, s136 and various maximum penalties (e.g. s11, s77).","Interaction with Commonwealth procedures and potential adoption of Commonwealth assessment documents to avoid duplication — see s130A.","Property security and Crown priority rules (charge on property for debts to the Crown) that override other security interests — see s132."],"plain_english_summary":"Mechanically, the Act creates a licensing and regulatory system for exploration, recovery, production, transmission, storage and management of energy resources in South Australia, setting licence classes, fees, royalties, land‑access rules, environmental assessment requirements and enforcement powers. Its stated objects are to enable competitive energy activity, protect State interests, ensure safety and ecological sustainability, require land rehabilitation and establish consultation processes. It affects companies and joint ventures seeking licences, landowners whose land may be entered, licensees, and regulators—because it allocates costs, rights and compliance duties."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/energy-resources-act-2000","history":"/api/acts/energy-resources-act-2000/history","analysis":"/api/acts/energy-resources-act-2000/analysis","conflicts":"/api/acts/energy-resources-act-2000/conflicts","importantCases":"/api/acts/energy-resources-act-2000/important-cases","documents":"/api/acts/energy-resources-act-2000/documents"}}