{"id":"qld:sl-2016-0169","name":"Mineral and Energy Resources (Common Provisions) Regulation 2016","slug":"mineral-and-energy-resources-common-provisions-regulation-2016","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"169 of 2016","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":175144,"registerId":"qld-qld:sl-2016-0169-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"ch.2-pt.1","sectionType":"part","heading":"Dealings","content":"# Dealings","sortOrder":0},{"sectionNumber":"sec.4","sectionType":"section","heading":"Prescribed dealings— Act , s 17","content":"### sec.4 Prescribed dealings— Act , s 17\n\nFor section 17 (1) of the Act , each of the following is a prescribed dealing—\na mortgage over the resource authority or over a share in the resource authority;\na release, transfer or surrender of a mortgage mentioned in paragraph (a) ;\nif the resource authority is a lease—\na sublease of the lease; or\na transfer of a sublease of the lease or of a share in the sublease;\nan assessable transfer.\nTo remove any doubt, it is declared that any transaction or commercial agreement not mentioned in subsection (1) is not a prescribed dealing.\nIn this section—\nlease means—\na mining lease under the Mineral Resources Act ; or\na petroleum lease under the P&G Act ; or\na lease under the 1923 Act ; or\na geothermal production lease under the Geothermal Act ; or\na GHG lease under the Greenhouse Gas Act .\ns 4 amd 2020 Act No. 14 s 83 ; 2025 SL No. 48 s 14 sch 1\n(sec.4-ssec.1) For section 17 (1) of the Act , each of the following is a prescribed dealing— a mortgage over the resource authority or over a share in the resource authority; a release, transfer or surrender of a mortgage mentioned in paragraph (a) ; if the resource authority is a lease— a sublease of the lease; or a transfer of a sublease of the lease or of a share in the sublease; an assessable transfer.\n(sec.4-ssec.2) To remove any doubt, it is declared that any transaction or commercial agreement not mentioned in subsection (1) is not a prescribed dealing.\n(sec.4-ssec.3) In this section— lease means— a mining lease under the Mineral Resources Act ; or a petroleum lease under the P&G Act ; or a lease under the 1923 Act ; or a geothermal production lease under the Geothermal Act ; or a GHG lease under the Greenhouse Gas Act .\n- (a) a mortgage over the resource authority or over a share in the resource authority;\n- (b) a release, transfer or surrender of a mortgage mentioned in paragraph (a) ;\n- (c) if the resource authority is a lease— (i) a sublease of the lease; or (ii) a transfer of a sublease of the lease or of a share in the sublease;\n- (i) a sublease of the lease; or\n- (ii) a transfer of a sublease of the lease or of a share in the sublease;\n- (d) an assessable transfer.\n- (i) a sublease of the lease; or\n- (ii) a transfer of a sublease of the lease or of a share in the sublease;\n- (a) a mining lease under the Mineral Resources Act ; or\n- (b) a petroleum lease under the P&G Act ; or\n- (c) a lease under the 1923 Act ; or\n- (d) a geothermal production lease under the Geothermal Act ; or\n- (e) a GHG lease under the Greenhouse Gas Act .","sortOrder":1},{"sectionNumber":"sec.4A","sectionType":"section","heading":"Notifiable dealings— Act , s 17A","content":"### sec.4A Notifiable dealings— Act , s 17A\n\nFor section 17A (1) of the Act , each of the following is a notifiable dealing—\na change to the resource authority holder’s name even if the holder continues to be the same person after the change;\na non-assessable transfer.\ns 4A ins 2020 Act No. 14 s 84\n- (a) a change to the resource authority holder’s name even if the holder continues to be the same person after the change;\n- (b) a non-assessable transfer.","sortOrder":2},{"sectionNumber":"sec.5","sectionType":"section","heading":"Prohibited dealings— Act , s 18","content":"### sec.5 Prohibited dealings— Act , s 18\n\nFor section 18 (1) (b) of the Act , the following dealings with a resource authority are prohibited—\nfor resource authorities under the Mineral Resources Act —a dealing with a prospecting permit, other than a transfer of a prospecting permit under the Mineral Resources Act , section 334N ;\nfor resource authorities under the P&G Act —\na transfer of a data acquisition authority or of a share in a data acquisition authority, other than a transfer by operation of law under the P&G Act , section 182 ; and\na transfer of a water monitoring authority or of a share in a water monitoring authority, other than a transfer by operation of law under the P&G Act , section 201 ; and\na transfer of a survey licence; and\na transfer of a pipeline licence, unless the pipeline the subject of the licence and the pipeline land for the licence are also to be transferred to the transferee of the pipeline licence; and\na transfer of a petroleum facility licence, unless the petroleum facility the subject of the licence and the petroleum facility land for the licence are also to be transferred to the transferee of the licence; and\na transfer of a pipeline authorised under the P&G Act , section 33 or 110 ;\nfor resource authorities under the Greenhouse Gas Act —\na transfer of a GHG data acquisition authority or of a share in a GHG data acquisition authority, other than a transfer by operation of law under the Greenhouse Gas Act , section 240 ; and\na transfer of a pipeline authorised under the Greenhouse Gas Act , section 31 or 111 .\n- (a) for resource authorities under the Mineral Resources Act —a dealing with a prospecting permit, other than a transfer of a prospecting permit under the Mineral Resources Act , section 334N ;\n- (b) for resource authorities under the P&G Act — (i) a transfer of a data acquisition authority or of a share in a data acquisition authority, other than a transfer by operation of law under the P&G Act , section 182 ; and (ii) a transfer of a water monitoring authority or of a share in a water monitoring authority, other than a transfer by operation of law under the P&G Act , section 201 ; and (iii) a transfer of a survey licence; and (iv) a transfer of a pipeline licence, unless the pipeline the subject of the licence and the pipeline land for the licence are also to be transferred to the transferee of the pipeline licence; and (v) a transfer of a petroleum facility licence, unless the petroleum facility the subject of the licence and the petroleum facility land for the licence are also to be transferred to the transferee of the licence; and (vi) a transfer of a pipeline authorised under the P&G Act , section 33 or 110 ;\n- (i) a transfer of a data acquisition authority or of a share in a data acquisition authority, other than a transfer by operation of law under the P&G Act , section 182 ; and\n- (ii) a transfer of a water monitoring authority or of a share in a water monitoring authority, other than a transfer by operation of law under the P&G Act , section 201 ; and\n- (iii) a transfer of a survey licence; and\n- (iv) a transfer of a pipeline licence, unless the pipeline the subject of the licence and the pipeline land for the licence are also to be transferred to the transferee of the pipeline licence; and\n- (v) a transfer of a petroleum facility licence, unless the petroleum facility the subject of the licence and the petroleum facility land for the licence are also to be transferred to the transferee of the licence; and\n- (vi) a transfer of a pipeline authorised under the P&G Act , section 33 or 110 ;\n- (c) for resource authorities under the Greenhouse Gas Act — (i) a transfer of a GHG data acquisition authority or of a share in a GHG data acquisition authority, other than a transfer by operation of law under the Greenhouse Gas Act , section 240 ; and (ii) a transfer of a pipeline authorised under the Greenhouse Gas Act , section 31 or 111 .\n- (i) a transfer of a GHG data acquisition authority or of a share in a GHG data acquisition authority, other than a transfer by operation of law under the Greenhouse Gas Act , section 240 ; and\n- (ii) a transfer of a pipeline authorised under the Greenhouse Gas Act , section 31 or 111 .\n- (i) a transfer of a data acquisition authority or of a share in a data acquisition authority, other than a transfer by operation of law under the P&G Act , section 182 ; and\n- (ii) a transfer of a water monitoring authority or of a share in a water monitoring authority, other than a transfer by operation of law under the P&G Act , section 201 ; and\n- (iii) a transfer of a survey licence; and\n- (iv) a transfer of a pipeline licence, unless the pipeline the subject of the licence and the pipeline land for the licence are also to be transferred to the transferee of the pipeline licence; and\n- (v) a transfer of a petroleum facility licence, unless the petroleum facility the subject of the licence and the petroleum facility land for the licence are also to be transferred to the transferee of the licence; and\n- (vi) a transfer of a pipeline authorised under the P&G Act , section 33 or 110 ;\n- (i) a transfer of a GHG data acquisition authority or of a share in a GHG data acquisition authority, other than a transfer by operation of law under the Greenhouse Gas Act , section 240 ; and\n- (ii) a transfer of a pipeline authorised under the Greenhouse Gas Act , section 31 or 111 .","sortOrder":3},{"sectionNumber":"sec.6","sectionType":"section","heading":"Transmission by death— Act , s 19B","content":"### sec.6 Transmission by death— Act , s 19B\n\nThis section applies if a notifiable dealing with a resource authority is required to be executed because the holder of the resource authority has died.\nFor section 19B (2) of the Act , the executor, administrator or public trustee administering the holder’s estate must give notice to the chief executive of the notifiable dealing to enable its registration.\nThe notice must be given after the grant of probate or letters of administration has been made.\nHowever, if the chief executive is satisfied the value of the holder’s estate is not sufficient to justify the expense of an application for the grant of probate or letters of administration, the notice must be given at least 6 months after the day the holder died.\ns 6 amd 2020 Act No. 14 s 85\n(sec.6-ssec.1) This section applies if a notifiable dealing with a resource authority is required to be executed because the holder of the resource authority has died.\n(sec.6-ssec.2) For section 19B (2) of the Act , the executor, administrator or public trustee administering the holder’s estate must give notice to the chief executive of the notifiable dealing to enable its registration.\n(sec.6-ssec.3) The notice must be given after the grant of probate or letters of administration has been made.\n(sec.6-ssec.4) However, if the chief executive is satisfied the value of the holder’s estate is not sufficient to justify the expense of an application for the grant of probate or letters of administration, the notice must be given at least 6 months after the day the holder died.","sortOrder":4},{"sectionNumber":"sec.7","sectionType":"section","heading":"Sale by mortgagee or holder of charge— Act , s 19B","content":"### sec.7 Sale by mortgagee or holder of charge— Act , s 19B\n\nThis section applies if a notifiable dealing with a resource authority is required to be executed because of the exercise of a power of sale in relation to the resource authority by a mortgagee or the holder of a charge.\nFor section 19B (2) of the Act , the mortgagee or holder of the charge must give notice to the chief executive of the notifiable dealing to enable its registration.\ns 7 amd 2020 Act No. 14 s 86\n(sec.7-ssec.1) This section applies if a notifiable dealing with a resource authority is required to be executed because of the exercise of a power of sale in relation to the resource authority by a mortgagee or the holder of a charge.\n(sec.7-ssec.2) For section 19B (2) of the Act , the mortgagee or holder of the charge must give notice to the chief executive of the notifiable dealing to enable its registration.","sortOrder":5},{"sectionNumber":"sec.8","sectionType":"section","heading":"Bankruptcy— Act , s 19B","content":"### sec.8 Bankruptcy— Act , s 19B\n\nThis section applies if a notifiable dealing with a resource authority is required to be executed because the holder of the resource authority is declared bankrupt.\nFor section 19B (2) of the Act , the trustee administering the bankruptcy must give notice to the chief executive of the notifiable dealing to enable its registration.\ns 8 amd 2020 Act No. 14 s 87\n(sec.8-ssec.1) This section applies if a notifiable dealing with a resource authority is required to be executed because the holder of the resource authority is declared bankrupt.\n(sec.8-ssec.2) For section 19B (2) of the Act , the trustee administering the bankruptcy must give notice to the chief executive of the notifiable dealing to enable its registration.","sortOrder":6},{"sectionNumber":"sec.9","sectionType":"section","heading":"Administration, receivership or liquidation— Act , s 19B","content":"### sec.9 Administration, receivership or liquidation— Act , s 19B\n\nThis section applies if a notifiable dealing with a resource authority is required to be executed because the holder of the resource authority is placed into administration, receivership or liquidation.\nFor section 19B (2) of the Act , the administrator, receiver or liquidator must give notice to the chief executive of the notifiable dealing to enable its registration.\ns 9 amd 2020 Act No. 14 s 88\n(sec.9-ssec.1) This section applies if a notifiable dealing with a resource authority is required to be executed because the holder of the resource authority is placed into administration, receivership or liquidation.\n(sec.9-ssec.2) For section 19B (2) of the Act , the administrator, receiver or liquidator must give notice to the chief executive of the notifiable dealing to enable its registration.","sortOrder":7},{"sectionNumber":"sec.10","sectionType":"section","heading":"Deciding application for registration of prescribed dealing that is assessable transfer— Act , ss 19 and 194","content":"### sec.10 Deciding application for registration of prescribed dealing that is assessable transfer— Act , ss 19 and 194\n\nThis section prescribes, for sections 19 (2) and 194 (1) of the Act , the criteria for deciding an application to the Minister for approval to register a prescribed dealing that is an assessable transfer.\nThe Minister must consider—\nthe application and any additional information accompanying the application; and\nfor a transfer of a resource authority under the Mineral Resources Act that is an exploration permit, mineral development licence or mining lease—whether the proposed transferee has the human, technical and financial resources to comply with the conditions of the resource authority under section 141 , 194 or 276 of the Mineral Resources Act ; and\nfor a transfer of a resource authority under the P&G Act —the relevant criteria that apply under the P&G Act , chapter 2 or 4 for obtaining the type of resource authority the subject of the transfer; and\nfor a transfer of a resource authority under the 1923 Act —the capability criteria under the 1923 Act for the authority; and\nfor a transfer of a resource authority under the Geothermal Act —the relevant criteria that apply under the Geothermal Act , chapter 2 or 3 for obtaining the type of resource authority the subject of the transfer; and\nfor a transfer of a resource authority under the Greenhouse Gas Act —the relevant criteria that apply under the Greenhouse Gas Act , chapter 2 or 3 for obtaining the type of resource authority the subject of the transfer; and\nfor a transfer of a resource authority that authorises the carrying out of a resource activity under an environmental authority in relation to which an ERC decision has been made—whether the proposed transferee has the financial resources to fund the estimated rehabilitation cost for the resource activity as stated in the ERC decision; and\nthe public interest.\nHowever, subsection (2) does not apply if, under subsection (6) , the approval is taken to have been given.\nThe approval may be given only if the proposed transferee is—\nan eligible person; and\nfor a resource authority other than a small scale mining tenure within the meaning of the Environmental Protection Act —a registered suitable operator under the Environmental Protection Act ; and\nfor a resource authority under the Geothermal Act —the holder of any authorisation under the Water Act 2000 required for the purposes of the resource authority.\nAlso, the Minister may refuse to give the approval if the Minister is not satisfied the transferor has substantially complied with the conditions of the resource authority.\nThe approval is taken to have been given if—\nunder section 23 (3) of the Act , an indicative approval has been given for the proposed prescribed dealing; and\nsubsection (4) and section 23 of the Act do not prevent the giving of the approval.\nIn this section—\nERC decision means a decision of the administering authority under the Environmental Protection Act , section 300 about the estimated rehabilitation cost for a resource activity.\ns 10 amd 2020 Act No. 14 ss 89 , 218 sch 1\n(sec.10-ssec.1) This section prescribes, for sections 19 (2) and 194 (1) of the Act , the criteria for deciding an application to the Minister for approval to register a prescribed dealing that is an assessable transfer.\n(sec.10-ssec.2) The Minister must consider— the application and any additional information accompanying the application; and for a transfer of a resource authority under the Mineral Resources Act that is an exploration permit, mineral development licence or mining lease—whether the proposed transferee has the human, technical and financial resources to comply with the conditions of the resource authority under section 141 , 194 or 276 of the Mineral Resources Act ; and for a transfer of a resource authority under the P&G Act —the relevant criteria that apply under the P&G Act , chapter 2 or 4 for obtaining the type of resource authority the subject of the transfer; and for a transfer of a resource authority under the 1923 Act —the capability criteria under the 1923 Act for the authority; and for a transfer of a resource authority under the Geothermal Act —the relevant criteria that apply under the Geothermal Act , chapter 2 or 3 for obtaining the type of resource authority the subject of the transfer; and for a transfer of a resource authority under the Greenhouse Gas Act —the relevant criteria that apply under the Greenhouse Gas Act , chapter 2 or 3 for obtaining the type of resource authority the subject of the transfer; and for a transfer of a resource authority that authorises the carrying out of a resource activity under an environmental authority in relation to which an ERC decision has been made—whether the proposed transferee has the financial resources to fund the estimated rehabilitation cost for the resource activity as stated in the ERC decision; and the public interest.\n(sec.10-ssec.3) However, subsection (2) does not apply if, under subsection (6) , the approval is taken to have been given.\n(sec.10-ssec.4) The approval may be given only if the proposed transferee is— an eligible person; and for a resource authority other than a small scale mining tenure within the meaning of the Environmental Protection Act —a registered suitable operator under the Environmental Protection Act ; and for a resource authority under the Geothermal Act —the holder of any authorisation under the Water Act 2000 required for the purposes of the resource authority.\n(sec.10-ssec.5) Also, the Minister may refuse to give the approval if the Minister is not satisfied the transferor has substantially complied with the conditions of the resource authority.\n(sec.10-ssec.6) The approval is taken to have been given if— under section 23 (3) of the Act , an indicative approval has been given for the proposed prescribed dealing; and subsection (4) and section 23 of the Act do not prevent the giving of the approval.\n(sec.10-ssec.7) In this section— ERC decision means a decision of the administering authority under the Environmental Protection Act , section 300 about the estimated rehabilitation cost for a resource activity.\n- (a) the application and any additional information accompanying the application; and\n- (b) for a transfer of a resource authority under the Mineral Resources Act that is an exploration permit, mineral development licence or mining lease—whether the proposed transferee has the human, technical and financial resources to comply with the conditions of the resource authority under section 141 , 194 or 276 of the Mineral Resources Act ; and\n- (c) for a transfer of a resource authority under the P&G Act —the relevant criteria that apply under the P&G Act , chapter 2 or 4 for obtaining the type of resource authority the subject of the transfer; and\n- (d) for a transfer of a resource authority under the 1923 Act —the capability criteria under the 1923 Act for the authority; and\n- (e) for a transfer of a resource authority under the Geothermal Act —the relevant criteria that apply under the Geothermal Act , chapter 2 or 3 for obtaining the type of resource authority the subject of the transfer; and\n- (f) for a transfer of a resource authority under the Greenhouse Gas Act —the relevant criteria that apply under the Greenhouse Gas Act , chapter 2 or 3 for obtaining the type of resource authority the subject of the transfer; and\n- (g) for a transfer of a resource authority that authorises the carrying out of a resource activity under an environmental authority in relation to which an ERC decision has been made—whether the proposed transferee has the financial resources to fund the estimated rehabilitation cost for the resource activity as stated in the ERC decision; and\n- (h) the public interest.\n- (a) an eligible person; and\n- (b) for a resource authority other than a small scale mining tenure within the meaning of the Environmental Protection Act —a registered suitable operator under the Environmental Protection Act ; and\n- (c) for a resource authority under the Geothermal Act —the holder of any authorisation under the Water Act 2000 required for the purposes of the resource authority.\n- (a) under section 23 (3) of the Act , an indicative approval has been given for the proposed prescribed dealing; and\n- (b) subsection (4) and section 23 of the Act do not prevent the giving of the approval.","sortOrder":8},{"sectionNumber":"sec.11","sectionType":"section","heading":"Deciding application for registration of prescribed dealing other than assessable transfer— Act , ss 19 and 194","content":"### sec.11 Deciding application for registration of prescribed dealing other than assessable transfer— Act , ss 19 and 194\n\nThis section prescribes, for sections 19 (2) and 194 (1) of the Act , the criteria for deciding an application to the Minister for approval to register a prescribed dealing other than an assessable transfer.\nThe Minister must consider the application and any additional information accompanying the application.\ns 11 amd 2020 Act No. 14 ss 90 , 218 sch 1\n(sec.11-ssec.1) This section prescribes, for sections 19 (2) and 194 (1) of the Act , the criteria for deciding an application to the Minister for approval to register a prescribed dealing other than an assessable transfer.\n(sec.11-ssec.2) The Minister must consider the application and any additional information accompanying the application.","sortOrder":9},{"sectionNumber":"sec.12","sectionType":"section","heading":"Deciding application for indicative approval— Act , ss 23 and 194","content":"### sec.12 Deciding application for indicative approval— Act , ss 23 and 194\n\nThis section prescribes, for sections 23 (3) and 194 (1) of the Act , the criteria for deciding an application to the Minister for indicative approval to register a proposed prescribed dealing that is an assessable transfer.\nThe Minister must consider—\nthe application and any additional information accompanying the application; and\nthe matters mentioned in section 10 (2) (b) to (h) as if the application were an application for approval to register the prescribed dealing.\ns 12 amd 2020 Act No. 14 s 218 sch 1\n(sec.12-ssec.1) This section prescribes, for sections 23 (3) and 194 (1) of the Act , the criteria for deciding an application to the Minister for indicative approval to register a proposed prescribed dealing that is an assessable transfer.\n(sec.12-ssec.2) The Minister must consider— the application and any additional information accompanying the application; and the matters mentioned in section 10 (2) (b) to (h) as if the application were an application for approval to register the prescribed dealing.\n- (a) the application and any additional information accompanying the application; and\n- (b) the matters mentioned in section 10 (2) (b) to (h) as if the application were an application for approval to register the prescribed dealing.","sortOrder":10},{"sectionNumber":"sec.13","sectionType":"section","heading":"Prescribed period for application for registration after indicative approval— Act , s 23","content":"### sec.13 Prescribed period for application for registration after indicative approval— Act , s 23\n\nFor section 23 (4) (b) of the Act , the period within which a prescribed applicant must apply to the Minister under section 19 of the Act for approval to register the proposed prescribed dealing is the period of 6 months starting on the day the indicative approval is given.","sortOrder":11},{"sectionNumber":"ch.2-pt.2","sectionType":"part","heading":"Caveats","content":"# Caveats","sortOrder":12},{"sectionNumber":"sec.14","sectionType":"section","heading":"Prohibited caveats— Act , s 25","content":"### sec.14 Prohibited caveats— Act , s 25\n\nFor section 25 (4) of the Act , definition prohibited caveat , a prohibited caveat is a caveat that applies to a prospecting permit under the Mineral Resources Act .","sortOrder":13},{"sectionNumber":"sec.15","sectionType":"section","heading":"Instruments not prevented from being registered— Act , s 26","content":"### sec.15 Instruments not prevented from being registered— Act , s 26\n\nFor section 26 (3) (a) of the Act , lodgement of a caveat does not prevent registration of the following—\nan instrument stated in the caveat as an instrument to which the caveat does not apply;\nan instrument to the registration of which the caveator consents in the approved form;\nan instrument executed by a mortgagee whose interest was registered before lodgement of the caveat if—\nthe mortgagee has power under the mortgage to execute the instrument; and\nthe caveator claims an interest in the resource authority as security for the payment of money or money’s worth;\nan instrument of transfer of mortgage executed by a mortgagee whose interest was registered before lodgement of the caveat;\nanother instrument that, if registered, will not affect the interest claimed by the caveator.\nSubsection (3) applies if a person lodges a caveat over a resource authority and any of the following apply—\nan application under section 23 (2) of the Act for an indicative approval of a proposed prescribed dealing with the resource authority has been made;\nan indicative approval of a proposed prescribed dealing with the resource authority has been given under section 23 (5) of the Act ;\nan application under section 19 (1) of the Act for registration of a prescribed dealing that is an assessable transfer has been made;\nan application under section 19 (1) of the Act for registration of a prescribed dealing mentioned in section 4 (1) (a) , (b) or (c) has been made;\na notice under section 19B of the Act to enable registration of a notifiable dealing has been given.\nFor section 26 (3) (a) of the Act , lodgement of the caveat does not prevent registration of the following—\nfor subsection (2) (a) or (b) —the proposed prescribed dealing;\nfor subsection (2) (c) or (d) —the prescribed dealing;\nfor subsection (2) (e) —the notifiable dealing.\ns 15 amd 2020 Act No. 14 s 91 ; 2025 SL No. 48 s 14 sch 1\n(sec.15-ssec.1) For section 26 (3) (a) of the Act , lodgement of a caveat does not prevent registration of the following— an instrument stated in the caveat as an instrument to which the caveat does not apply; an instrument to the registration of which the caveator consents in the approved form; an instrument executed by a mortgagee whose interest was registered before lodgement of the caveat if— the mortgagee has power under the mortgage to execute the instrument; and the caveator claims an interest in the resource authority as security for the payment of money or money’s worth; an instrument of transfer of mortgage executed by a mortgagee whose interest was registered before lodgement of the caveat; another instrument that, if registered, will not affect the interest claimed by the caveator.\n(sec.15-ssec.2) Subsection (3) applies if a person lodges a caveat over a resource authority and any of the following apply— an application under section 23 (2) of the Act for an indicative approval of a proposed prescribed dealing with the resource authority has been made; an indicative approval of a proposed prescribed dealing with the resource authority has been given under section 23 (5) of the Act ; an application under section 19 (1) of the Act for registration of a prescribed dealing that is an assessable transfer has been made; an application under section 19 (1) of the Act for registration of a prescribed dealing mentioned in section 4 (1) (a) , (b) or (c) has been made; a notice under section 19B of the Act to enable registration of a notifiable dealing has been given.\n(sec.15-ssec.3) For section 26 (3) (a) of the Act , lodgement of the caveat does not prevent registration of the following— for subsection (2) (a) or (b) —the proposed prescribed dealing; for subsection (2) (c) or (d) —the prescribed dealing; for subsection (2) (e) —the notifiable dealing.\n- (a) an instrument stated in the caveat as an instrument to which the caveat does not apply;\n- (b) an instrument to the registration of which the caveator consents in the approved form;\n- (c) an instrument executed by a mortgagee whose interest was registered before lodgement of the caveat if— (i) the mortgagee has power under the mortgage to execute the instrument; and (ii) the caveator claims an interest in the resource authority as security for the payment of money or money’s worth;\n- (i) the mortgagee has power under the mortgage to execute the instrument; and\n- (ii) the caveator claims an interest in the resource authority as security for the payment of money or money’s worth;\n- (d) an instrument of transfer of mortgage executed by a mortgagee whose interest was registered before lodgement of the caveat;\n- (e) another instrument that, if registered, will not affect the interest claimed by the caveator.\n- (i) the mortgagee has power under the mortgage to execute the instrument; and\n- (ii) the caveator claims an interest in the resource authority as security for the payment of money or money’s worth;\n- (a) an application under section 23 (2) of the Act for an indicative approval of a proposed prescribed dealing with the resource authority has been made;\n- (b) an indicative approval of a proposed prescribed dealing with the resource authority has been given under section 23 (5) of the Act ;\n- (c) an application under section 19 (1) of the Act for registration of a prescribed dealing that is an assessable transfer has been made;\n- (d) an application under section 19 (1) of the Act for registration of a prescribed dealing mentioned in section 4 (1) (a) , (b) or (c) has been made;\n- (e) a notice under section 19B of the Act to enable registration of a notifiable dealing has been given.\n- (a) for subsection (2) (a) or (b) —the proposed prescribed dealing;\n- (b) for subsection (2) (c) or (d) —the prescribed dealing;\n- (c) for subsection (2) (e) —the notifiable dealing.","sortOrder":14},{"sectionNumber":"ch.3-pt.1","sectionType":"part","heading":"Land access code","content":"# Land access code","sortOrder":15},{"sectionNumber":"sec.16","sectionType":"section","heading":"Land access code for private land— Act , s 36","content":"### sec.16 Land access code for private land— Act , s 36\n\nThis section makes, for section 36 of the Act , a land access code for all Resource Acts that—\nstates best practice guidelines for communication between the holders of resource authorities and owners and occupiers of private land; and\nimposes on resource authorities mandatory conditions concerning the conduct of authorised activities on private land.\nThe land access code consists of—\nthe best practice guidelines for communication stated in parts 1 and 2 of the document called ‘Land Access Code’ dated June 2023 and published by the department on its website; and\nschedule 1 .\ns 16 amd 2023 SL No. 49 s 3\n(sec.16-ssec.1) This section makes, for section 36 of the Act , a land access code for all Resource Acts that— states best practice guidelines for communication between the holders of resource authorities and owners and occupiers of private land; and imposes on resource authorities mandatory conditions concerning the conduct of authorised activities on private land.\n(sec.16-ssec.2) The land access code consists of— the best practice guidelines for communication stated in parts 1 and 2 of the document called ‘Land Access Code’ dated June 2023 and published by the department on its website; and schedule 1 .\n- (a) states best practice guidelines for communication between the holders of resource authorities and owners and occupiers of private land; and\n- (b) imposes on resource authorities mandatory conditions concerning the conduct of authorised activities on private land.\n- (a) the best practice guidelines for communication stated in parts 1 and 2 of the document called ‘Land Access Code’ dated June 2023 and published by the department on its website; and\n- (b) schedule 1 .","sortOrder":16},{"sectionNumber":"ch.3-pt.2","sectionType":"part","heading":"Private land","content":"# Private land","sortOrder":17},{"sectionNumber":"sec.17","sectionType":"section","heading":"Entry notice— Act , s 39","content":"### sec.17 Entry notice— Act , s 39\n\nThis section prescribes, for section 39 (2) (a) of the Act , the requirements for an entry notice.\nThe notice must state—\na description of the land to be entered; and\nthe period during which the land is to be entered; and\nthe authorised activities proposed to be carried out on the land; and\nwhen and where the activities are to be carried out; and\nthe contact details of—\nthe resource authority holder; or\nanother person the resource authority holder has authorised to discuss the matters stated in the notice.\nIf the notice is the first entry notice for the land given by the resource authority holder to a particular owner or occupier of the land, the notice must be accompanied by a copy of—\nthe resource authority to which the entry relates; and\nany relevant environmental authority for the resource authority; and\nthe land access code; and\nany code or code of practice made under a Resource Act applying to authorised activities for the resource authority; and\nthe document called ‘A guide to land access in Queensland’ published on the department’s website or the Queensland Government business and industry portal.\nIn this section—\nrelevant environmental authority , for a resource authority, means the environmental authority required under the Environmental Protection Act issued for all of the authorised activities of the resource authority that are environmentally relevant activities under that Act.\ns 17 amd 2019 SL No. 53 s 4\n(sec.17-ssec.1) This section prescribes, for section 39 (2) (a) of the Act , the requirements for an entry notice.\n(sec.17-ssec.2) The notice must state— a description of the land to be entered; and the period during which the land is to be entered; and the authorised activities proposed to be carried out on the land; and when and where the activities are to be carried out; and the contact details of— the resource authority holder; or another person the resource authority holder has authorised to discuss the matters stated in the notice.\n(sec.17-ssec.3) If the notice is the first entry notice for the land given by the resource authority holder to a particular owner or occupier of the land, the notice must be accompanied by a copy of— the resource authority to which the entry relates; and any relevant environmental authority for the resource authority; and the land access code; and any code or code of practice made under a Resource Act applying to authorised activities for the resource authority; and the document called ‘A guide to land access in Queensland’ published on the department’s website or the Queensland Government business and industry portal.\n(sec.17-ssec.4) In this section— relevant environmental authority , for a resource authority, means the environmental authority required under the Environmental Protection Act issued for all of the authorised activities of the resource authority that are environmentally relevant activities under that Act.\n- (a) a description of the land to be entered; and\n- (b) the period during which the land is to be entered; and\n- (c) the authorised activities proposed to be carried out on the land; and\n- (d) when and where the activities are to be carried out; and\n- (e) the contact details of— (i) the resource authority holder; or (ii) another person the resource authority holder has authorised to discuss the matters stated in the notice.\n- (i) the resource authority holder; or\n- (ii) another person the resource authority holder has authorised to discuss the matters stated in the notice.\n- (i) the resource authority holder; or\n- (ii) another person the resource authority holder has authorised to discuss the matters stated in the notice.\n- (a) the resource authority to which the entry relates; and\n- (b) any relevant environmental authority for the resource authority; and\n- (c) the land access code; and\n- (d) any code or code of practice made under a Resource Act applying to authorised activities for the resource authority; and\n- (e) the document called ‘A guide to land access in Queensland’ published on the department’s website or the Queensland Government business and industry portal.","sortOrder":18},{"sectionNumber":"sec.18","sectionType":"section","heading":"Maximum period for entry— Act , s 39","content":"### sec.18 Maximum period for entry— Act , s 39\n\nThis section prescribes, for section 39 (4) of the Act , definition maximum period for entry , the maximum period that access to land is to be allowed for a particular entry to the land.\nThe maximum period is—\nfor an entry for a purpose relating to an exploration resource authority—6 months starting on the first day of the entry; or\nfor an entry for a purpose relating to a production-related resource authority—1 year starting on the first day of the entry; or\nif the owner or occupier of the land and the resource authority holder agree in writing to a longer period—the longer period.\n(sec.18-ssec.1) This section prescribes, for section 39 (4) of the Act , definition maximum period for entry , the maximum period that access to land is to be allowed for a particular entry to the land.\n(sec.18-ssec.2) The maximum period is— for an entry for a purpose relating to an exploration resource authority—6 months starting on the first day of the entry; or for an entry for a purpose relating to a production-related resource authority—1 year starting on the first day of the entry; or if the owner or occupier of the land and the resource authority holder agree in writing to a longer period—the longer period.\n- (a) for an entry for a purpose relating to an exploration resource authority—6 months starting on the first day of the entry; or\n- (b) for an entry for a purpose relating to a production-related resource authority—1 year starting on the first day of the entry; or\n- (c) if the owner or occupier of the land and the resource authority holder agree in writing to a longer period—the longer period.","sortOrder":19},{"sectionNumber":"sec.19","sectionType":"section","heading":"Application for approval to give entry notices by publication— Act , s 41 and 188","content":"### sec.19 Application for approval to give entry notices by publication— Act , s 41 and 188\n\nThis section applies if a resource authority holder applies to the chief executive for approval to give an entry notice by publishing it in a stated way.\nFor sections 41 (4) and 188 (1) (b) of the Act , the application must state—\nthe applicant’s name and address; and\nthe resource authority to which the entry notice relates; and\nthe land to which the entry notice relates; and\nthe name and address of each owner or occupier of the land to which the entry notice relates; and\nfor an owner or occupier mentioned in paragraph (d) who is an individual—the reasons why it is impracticable to give the owner or occupier the notice personally; and\nthe proposed stated way of publishing the entry notice.\n(sec.19-ssec.1) This section applies if a resource authority holder applies to the chief executive for approval to give an entry notice by publishing it in a stated way.\n(sec.19-ssec.2) For sections 41 (4) and 188 (1) (b) of the Act , the application must state— the applicant’s name and address; and the resource authority to which the entry notice relates; and the land to which the entry notice relates; and the name and address of each owner or occupier of the land to which the entry notice relates; and for an owner or occupier mentioned in paragraph (d) who is an individual—the reasons why it is impracticable to give the owner or occupier the notice personally; and the proposed stated way of publishing the entry notice.\n- (a) the applicant’s name and address; and\n- (b) the resource authority to which the entry notice relates; and\n- (c) the land to which the entry notice relates; and\n- (d) the name and address of each owner or occupier of the land to which the entry notice relates; and\n- (e) for an owner or occupier mentioned in paragraph (d) who is an individual—the reasons why it is impracticable to give the owner or occupier the notice personally; and\n- (f) the proposed stated way of publishing the entry notice.","sortOrder":20},{"sectionNumber":"sec.20","sectionType":"section","heading":"Waiver of entry notice— Act , s 42","content":"### sec.20 Waiver of entry notice— Act , s 42\n\nThis section prescribes, for section 42 (2) (a) of the Act , the requirements for a waiver of entry notice.\nThe notice must state—\nthat the resource authority holder has told the owner or occupier of the land that the owner or occupier is not required to give a waiver of entry notice; and\nthe authorised activities proposed to be carried out on the land; and\nthe period during which the land will be entered; and\nwhen and where the activities are to be carried out.\nThe notice must be signed by the owner or occupier of the land, unless the notice is part of a conduct and compensation agreement.\n(sec.20-ssec.1) This section prescribes, for section 42 (2) (a) of the Act , the requirements for a waiver of entry notice.\n(sec.20-ssec.2) The notice must state— that the resource authority holder has told the owner or occupier of the land that the owner or occupier is not required to give a waiver of entry notice; and the authorised activities proposed to be carried out on the land; and the period during which the land will be entered; and when and where the activities are to be carried out.\n(sec.20-ssec.3) The notice must be signed by the owner or occupier of the land, unless the notice is part of a conduct and compensation agreement.\n- (a) that the resource authority holder has told the owner or occupier of the land that the owner or occupier is not required to give a waiver of entry notice; and\n- (b) the authorised activities proposed to be carried out on the land; and\n- (c) the period during which the land will be entered; and\n- (d) when and where the activities are to be carried out.","sortOrder":21},{"sectionNumber":"sec.21","sectionType":"section","heading":"Deferral agreement— Act , s 44","content":"### sec.21 Deferral agreement— Act , s 44\n\nThis section prescribes, for section 44 (2) of the Act , the requirements for a deferral agreement.\nThe agreement must state—\nthat the resource authority holder has told the owner or occupier of the land that the owner or occupier is not required to enter into a deferral agreement; and\nthe period during which the land will be entered; and\nthe authorised activities proposed to be carried out on the land; and\nwhen and where the activities are to be carried out; and\nthe period for which the deferral agreement has effect; and\nwhen a conduct and compensation agreement will be entered into.\nThe agreement must be signed by—\nthe resource authority holder; and\nthe owner or occupier of the land.\n(sec.21-ssec.1) This section prescribes, for section 44 (2) of the Act , the requirements for a deferral agreement.\n(sec.21-ssec.2) The agreement must state— that the resource authority holder has told the owner or occupier of the land that the owner or occupier is not required to enter into a deferral agreement; and the period during which the land will be entered; and the authorised activities proposed to be carried out on the land; and when and where the activities are to be carried out; and the period for which the deferral agreement has effect; and when a conduct and compensation agreement will be entered into.\n(sec.21-ssec.3) The agreement must be signed by— the resource authority holder; and the owner or occupier of the land.\n- (a) that the resource authority holder has told the owner or occupier of the land that the owner or occupier is not required to enter into a deferral agreement; and\n- (b) the period during which the land will be entered; and\n- (c) the authorised activities proposed to be carried out on the land; and\n- (d) when and where the activities are to be carried out; and\n- (e) the period for which the deferral agreement has effect; and\n- (f) when a conduct and compensation agreement will be entered into.\n- (a) the resource authority holder; and\n- (b) the owner or occupier of the land.","sortOrder":22},{"sectionNumber":"sec.22","sectionType":"section","heading":"Opt-out agreement— Act , s 45","content":"### sec.22 Opt-out agreement— Act , s 45\n\nThis section prescribes, for section 45 (2) of the Act , the requirements for an opt-out agreement.\nThe agreement must be—\nin the approved form; and\nsigned by the resource authority holder and the owner or occupier of the land.\n(sec.22-ssec.1) This section prescribes, for section 45 (2) of the Act , the requirements for an opt-out agreement.\n(sec.22-ssec.2) The agreement must be— in the approved form; and signed by the resource authority holder and the owner or occupier of the land.\n- (a) in the approved form; and\n- (b) signed by the resource authority holder and the owner or occupier of the land.","sortOrder":23},{"sectionNumber":"sec.23","sectionType":"section","heading":"Report to owner or occupier— Act , s 54","content":"### sec.23 Report to owner or occupier— Act , s 54\n\nThis section prescribes—\nfor section 54 (2) of the Act , the period within which a report about entry to land must be given to an owner or occupier of the land; and\nfor section 54 (3) of the Act , the requirements for the report.\nThe period for giving the report is—\nfor an owner or occupier of land who has been given an entry notice by a resource authority holder—within 3 months after the end of the entry period stated in the notice; or\nfor an owner or occupier of land who has given a waiver of entry notice to a resource authority holder—\nfor an entry for a purpose related to an exploration resource authority—within 6 months after the waiver of entry notice was given; or\nfor an entry for a purpose related to a production-related resource authority—within 1 year after the waiver of entry notice was given; or\nif, within the period mentioned in subparagraph (i) or (ii) , the owner or occupier of the land and the resource authority holder agree in writing to a longer period—within the longer period.\nThe report must state—\nwhether or not any activities were carried out on the land; and\nif activities were carried out on the land—\nthe nature and extent of the activities; and\nwhere the activities were carried out.\n(sec.23-ssec.1) This section prescribes— for section 54 (2) of the Act , the period within which a report about entry to land must be given to an owner or occupier of the land; and for section 54 (3) of the Act , the requirements for the report.\n(sec.23-ssec.2) The period for giving the report is— for an owner or occupier of land who has been given an entry notice by a resource authority holder—within 3 months after the end of the entry period stated in the notice; or for an owner or occupier of land who has given a waiver of entry notice to a resource authority holder— for an entry for a purpose related to an exploration resource authority—within 6 months after the waiver of entry notice was given; or for an entry for a purpose related to a production-related resource authority—within 1 year after the waiver of entry notice was given; or if, within the period mentioned in subparagraph (i) or (ii) , the owner or occupier of the land and the resource authority holder agree in writing to a longer period—within the longer period.\n(sec.23-ssec.3) The report must state— whether or not any activities were carried out on the land; and if activities were carried out on the land— the nature and extent of the activities; and where the activities were carried out.\n- (a) for section 54 (2) of the Act , the period within which a report about entry to land must be given to an owner or occupier of the land; and\n- (b) for section 54 (3) of the Act , the requirements for the report.\n- (a) for an owner or occupier of land who has been given an entry notice by a resource authority holder—within 3 months after the end of the entry period stated in the notice; or\n- (b) for an owner or occupier of land who has given a waiver of entry notice to a resource authority holder— (i) for an entry for a purpose related to an exploration resource authority—within 6 months after the waiver of entry notice was given; or (ii) for an entry for a purpose related to a production-related resource authority—within 1 year after the waiver of entry notice was given; or (iii) if, within the period mentioned in subparagraph (i) or (ii) , the owner or occupier of the land and the resource authority holder agree in writing to a longer period—within the longer period.\n- (i) for an entry for a purpose related to an exploration resource authority—within 6 months after the waiver of entry notice was given; or\n- (ii) for an entry for a purpose related to a production-related resource authority—within 1 year after the waiver of entry notice was given; or\n- (iii) if, within the period mentioned in subparagraph (i) or (ii) , the owner or occupier of the land and the resource authority holder agree in writing to a longer period—within the longer period.\n- (i) for an entry for a purpose related to an exploration resource authority—within 6 months after the waiver of entry notice was given; or\n- (ii) for an entry for a purpose related to a production-related resource authority—within 1 year after the waiver of entry notice was given; or\n- (iii) if, within the period mentioned in subparagraph (i) or (ii) , the owner or occupier of the land and the resource authority holder agree in writing to a longer period—within the longer period.\n- (a) whether or not any activities were carried out on the land; and\n- (b) if activities were carried out on the land— (i) the nature and extent of the activities; and (ii) where the activities were carried out.\n- (i) the nature and extent of the activities; and\n- (ii) where the activities were carried out.\n- (i) the nature and extent of the activities; and\n- (ii) where the activities were carried out.","sortOrder":24},{"sectionNumber":"ch.3-pt.3","sectionType":"part","heading":"Public land","content":"# Public land","sortOrder":25},{"sectionNumber":"ch.3-pt.3-div.1","sectionType":"division","heading":"Entry to public land","content":"## Entry to public land","sortOrder":26},{"sectionNumber":"sec.24","sectionType":"section","heading":"Periodic entry notice— Act , s 57","content":"### sec.24 Periodic entry notice— Act , s 57\n\nThis section prescribes—\nfor section 57 (2) (b) of the Act , the prescribed period before the start of the entry period for which the resource authority holder, or any of the holder’s employees or agents, may enter the land to carry out the authorised activity (the minimum notice period ); and\nfor section 57 (2) (c) of the Act , the requirements for the periodic entry notice; and\nfor section 57 (3) of the Act , the period applying for the entry in relation to which the entry period can not be longer (the maximum entry period ).\nThe minimum notice period is 30 business days.\nThe periodic entry notice must state—\na description of the land to be entered; and\nthe activities proposed to be carried out on the land; and\nwhen and where the activities are to be carried out; and\nthe contact details for—\nthe resource authority holder; or\nanother person the holder has authorised to discuss the matters stated in the notice.\nThe maximum entry period is—\nfor an entry to carry out an authorised activity for an exploration resource authority—6 months starting on the first day of the entry; or\nfor an entry to carry out an authorised activity for a production-related resource authority—1 year starting on the first day of the entry; or\nif the public land authority and the resource authority holder agree in writing to a longer period—the longer period.\n(sec.24-ssec.1) This section prescribes— for section 57 (2) (b) of the Act , the prescribed period before the start of the entry period for which the resource authority holder, or any of the holder’s employees or agents, may enter the land to carry out the authorised activity (the minimum notice period ); and for section 57 (2) (c) of the Act , the requirements for the periodic entry notice; and for section 57 (3) of the Act , the period applying for the entry in relation to which the entry period can not be longer (the maximum entry period ).\n(sec.24-ssec.2) The minimum notice period is 30 business days.\n(sec.24-ssec.3) The periodic entry notice must state— a description of the land to be entered; and the activities proposed to be carried out on the land; and when and where the activities are to be carried out; and the contact details for— the resource authority holder; or another person the holder has authorised to discuss the matters stated in the notice.\n(sec.24-ssec.4) The maximum entry period is— for an entry to carry out an authorised activity for an exploration resource authority—6 months starting on the first day of the entry; or for an entry to carry out an authorised activity for a production-related resource authority—1 year starting on the first day of the entry; or if the public land authority and the resource authority holder agree in writing to a longer period—the longer period.\n- (a) for section 57 (2) (b) of the Act , the prescribed period before the start of the entry period for which the resource authority holder, or any of the holder’s employees or agents, may enter the land to carry out the authorised activity (the minimum notice period ); and\n- (b) for section 57 (2) (c) of the Act , the requirements for the periodic entry notice; and\n- (c) for section 57 (3) of the Act , the period applying for the entry in relation to which the entry period can not be longer (the maximum entry period ).\n- (a) a description of the land to be entered; and\n- (b) the activities proposed to be carried out on the land; and\n- (c) when and where the activities are to be carried out; and\n- (d) the contact details for— (i) the resource authority holder; or (ii) another person the holder has authorised to discuss the matters stated in the notice.\n- (i) the resource authority holder; or\n- (ii) another person the holder has authorised to discuss the matters stated in the notice.\n- (i) the resource authority holder; or\n- (ii) another person the holder has authorised to discuss the matters stated in the notice.\n- (a) for an entry to carry out an authorised activity for an exploration resource authority—6 months starting on the first day of the entry; or\n- (b) for an entry to carry out an authorised activity for a production-related resource authority—1 year starting on the first day of the entry; or\n- (c) if the public land authority and the resource authority holder agree in writing to a longer period—the longer period.","sortOrder":27},{"sectionNumber":"sec.25","sectionType":"section","heading":"Waiver of entry notice— Act , s 60","content":"### sec.25 Waiver of entry notice— Act , s 60\n\nThis section prescribes, for section 60 (2) (a) of the Act , the requirements for a waiver of entry notice.\nThe notice must state—\nthat the resource authority holder has told the public land authority that the authority was not required to give a waiver of entry notice; and\nthe authorised activities proposed to be carried out on the land; and\nthe period during which the land will be entered; and\nwhen and where the activities are to be carried out.\nThe notice must be signed by the public land authority.\n(sec.25-ssec.1) This section prescribes, for section 60 (2) (a) of the Act , the requirements for a waiver of entry notice.\n(sec.25-ssec.2) The notice must state— that the resource authority holder has told the public land authority that the authority was not required to give a waiver of entry notice; and the authorised activities proposed to be carried out on the land; and the period during which the land will be entered; and when and where the activities are to be carried out.\n(sec.25-ssec.3) The notice must be signed by the public land authority.\n- (a) that the resource authority holder has told the public land authority that the authority was not required to give a waiver of entry notice; and\n- (b) the authorised activities proposed to be carried out on the land; and\n- (c) the period during which the land will be entered; and\n- (d) when and where the activities are to be carried out.","sortOrder":28},{"sectionNumber":"ch.3-pt.3-div.2","sectionType":"division","heading":"Notifiable road use","content":"## Notifiable road use","sortOrder":29},{"sectionNumber":"sec.26","sectionType":"section","heading":"Notifiable road use— Act , s 62","content":"### sec.26 Notifiable road use— Act , s 62\n\nFor section 62 of the Act , a notifiable road use is—\nuse of a public road, within an authorised area for a resource authority, for transport relating to a seismic survey or drilling activity; or\nuse of a public road at more than the haulage threshold rate if the haulage relates to—\ntransporting minerals that were mined, released by mining, or processed on land in an authorised area for a resource authority under the Mineral Resources Act ; or\nminerals processed in a refinery to become another substance\ntransporting petroleum produced or processed in an authorised area for a resource authority under the P&G Act or 1923 Act ; or\ntransporting GHG streams for a resource authority under the Greenhouse Gas Act ; or\nconstructing a pipeline for a relevant resource authority.\nSubsection (1) (b) applies even if the public road is not on land in the area of the resource authority.\nIn this section—\nhaulage threshold rate means—\nfor a State-controlled road—50,000t a year; or\nfor another public road—10,000t a year.\nrelevant resource authority means a resource authority under the P&G Act , 1923 Act , Geothermal Act or Greenhouse Gas Act .\n(sec.26-ssec.1) For section 62 of the Act , a notifiable road use is— use of a public road, within an authorised area for a resource authority, for transport relating to a seismic survey or drilling activity; or use of a public road at more than the haulage threshold rate if the haulage relates to— transporting minerals that were mined, released by mining, or processed on land in an authorised area for a resource authority under the Mineral Resources Act ; or minerals processed in a refinery to become another substance transporting petroleum produced or processed in an authorised area for a resource authority under the P&G Act or 1923 Act ; or transporting GHG streams for a resource authority under the Greenhouse Gas Act ; or constructing a pipeline for a relevant resource authority.\n(sec.26-ssec.2) Subsection (1) (b) applies even if the public road is not on land in the area of the resource authority.\n(sec.26-ssec.3) In this section— haulage threshold rate means— for a State-controlled road—50,000t a year; or for another public road—10,000t a year. relevant resource authority means a resource authority under the P&G Act , 1923 Act , Geothermal Act or Greenhouse Gas Act .\n- (a) use of a public road, within an authorised area for a resource authority, for transport relating to a seismic survey or drilling activity; or\n- (b) use of a public road at more than the haulage threshold rate if the haulage relates to— (i) transporting minerals that were mined, released by mining, or processed on land in an authorised area for a resource authority under the Mineral Resources Act ; or Example of processed minerals— minerals processed in a refinery to become another substance (ii) transporting petroleum produced or processed in an authorised area for a resource authority under the P&G Act or 1923 Act ; or (iii) transporting GHG streams for a resource authority under the Greenhouse Gas Act ; or (iv) constructing a pipeline for a relevant resource authority.\n- (i) transporting minerals that were mined, released by mining, or processed on land in an authorised area for a resource authority under the Mineral Resources Act ; or Example of processed minerals— minerals processed in a refinery to become another substance\n- (ii) transporting petroleum produced or processed in an authorised area for a resource authority under the P&G Act or 1923 Act ; or\n- (iii) transporting GHG streams for a resource authority under the Greenhouse Gas Act ; or\n- (iv) constructing a pipeline for a relevant resource authority.\n- (i) transporting minerals that were mined, released by mining, or processed on land in an authorised area for a resource authority under the Mineral Resources Act ; or Example of processed minerals— minerals processed in a refinery to become another substance\n- (ii) transporting petroleum produced or processed in an authorised area for a resource authority under the P&G Act or 1923 Act ; or\n- (iii) transporting GHG streams for a resource authority under the Greenhouse Gas Act ; or\n- (iv) constructing a pipeline for a relevant resource authority.\n- (a) for a State-controlled road—50,000t a year; or\n- (b) for another public road—10,000t a year.","sortOrder":30},{"sectionNumber":"sec.27","sectionType":"section","heading":"Notice of notifiable road use— Act , s 63","content":"### sec.27 Notice of notifiable road use— Act , s 63\n\nThis section prescribes, for section 63 (1) (a) of the Act , the requirements for a notice that a resource authority holder proposes to carry out a notifiable road use.\nThe notice must state—\nthe public road proposed to be used; and\nthe type of vehicle proposed to be used; and\nthe type of material proposed to be hauled; and\nthe total weight of material proposed to be hauled, expressed—\nas the total weight of material to be hauled in a year; or\nin another way; and\nthe period during which the public road is proposed to be used; and\nthe frequency of vehicle movements on the public road; and\ncontact details for—\nthe resource authority holder; or\nanother person the resource authority holder has authorised to discuss the matters stated in the notice.\nThe notice must be given—\nat least 10 business days before the notifiable road use is proposed to start; or\nif the public road authority agrees in writing to a shorter period—within the shorter period.\n(sec.27-ssec.1) This section prescribes, for section 63 (1) (a) of the Act , the requirements for a notice that a resource authority holder proposes to carry out a notifiable road use.\n(sec.27-ssec.2) The notice must state— the public road proposed to be used; and the type of vehicle proposed to be used; and the type of material proposed to be hauled; and the total weight of material proposed to be hauled, expressed— as the total weight of material to be hauled in a year; or in another way; and the period during which the public road is proposed to be used; and the frequency of vehicle movements on the public road; and contact details for— the resource authority holder; or another person the resource authority holder has authorised to discuss the matters stated in the notice.\n(sec.27-ssec.3) The notice must be given— at least 10 business days before the notifiable road use is proposed to start; or if the public road authority agrees in writing to a shorter period—within the shorter period.\n- (a) the public road proposed to be used; and\n- (b) the type of vehicle proposed to be used; and\n- (c) the type of material proposed to be hauled; and\n- (d) the total weight of material proposed to be hauled, expressed— (i) as the total weight of material to be hauled in a year; or (ii) in another way; and\n- (i) as the total weight of material to be hauled in a year; or\n- (ii) in another way; and\n- (e) the period during which the public road is proposed to be used; and\n- (f) the frequency of vehicle movements on the public road; and\n- (g) contact details for— (i) the resource authority holder; or (ii) another person the resource authority holder has authorised to discuss the matters stated in the notice.\n- (i) the resource authority holder; or\n- (ii) another person the resource authority holder has authorised to discuss the matters stated in the notice.\n- (i) as the total weight of material to be hauled in a year; or\n- (ii) in another way; and\n- (i) the resource authority holder; or\n- (ii) another person the resource authority holder has authorised to discuss the matters stated in the notice.\n- (a) at least 10 business days before the notifiable road use is proposed to start; or\n- (b) if the public road authority agrees in writing to a shorter period—within the shorter period.","sortOrder":31},{"sectionNumber":"sec.28","sectionType":"section","heading":"Exempted resource authority— Act , s 65","content":"### sec.28 Exempted resource authority— Act , s 65\n\nThis section applies to a resource authority included in a project declared to be a coordinated project under the State Development and Public Works Organisation Act 1971 , section 26 .\nThe resource authority is exempt from chapter 3 , part 3 , division 2 of the Act .\n(sec.28-ssec.1) This section applies to a resource authority included in a project declared to be a coordinated project under the State Development and Public Works Organisation Act 1971 , section 26 .\n(sec.28-ssec.2) The resource authority is exempt from chapter 3 , part 3 , division 2 of the Act .","sortOrder":32},{"sectionNumber":"ch.3-pt.4","sectionType":"part","heading":"Restricted land","content":"# Restricted land","sortOrder":33},{"sectionNumber":"sec.29","sectionType":"section","heading":"Activities that are not prescribed activities— Act , s 67","content":"### sec.29 Activities that are not prescribed activities— Act , s 67\n\nThis section prescribes, for section 67 of the Act , definition prescribed activity , paragraph (b) (v) , activities that are not prescribed activities for a resource authority.\nThe activities are each of the following associated with the installation of an underground pipeline or cable as mentioned in section 67 , definition prescribed activity , paragraph (b) (i) of the Act —\npreliminary surveying;\nrehabilitation including, for example, revegetation.\n(sec.29-ssec.1) This section prescribes, for section 67 of the Act , definition prescribed activity , paragraph (b) (v) , activities that are not prescribed activities for a resource authority.\n(sec.29-ssec.2) The activities are each of the following associated with the installation of an underground pipeline or cable as mentioned in section 67 , definition prescribed activity , paragraph (b) (i) of the Act — preliminary surveying; rehabilitation including, for example, revegetation.\n- (a) preliminary surveying;\n- (b) rehabilitation including, for example, revegetation.","sortOrder":34},{"sectionNumber":"ch.3-pt.5","sectionType":"part","heading":"Compensation and negotiated access","content":"# Compensation and negotiated access","sortOrder":35},{"sectionNumber":"sec.30","sectionType":"section","heading":"Conduct and compensation agreement— Act , s 83","content":"### sec.30 Conduct and compensation agreement— Act , s 83\n\nThis section prescribes, for section 83 (4) of the Act , the requirements for a conduct and compensation agreement entered into by an eligible claimant and a resource authority holder.\nThe agreement must—\nprovide for the matters mentioned in section 83 (1) of the Act ; and\nstate whether the agreement is for all or part of the holder’s compensation liability to the eligible claimant; and\nif the agreement is for only part of the compensation liability, state—\ndetails of each activity, or the effect of the activity, to which the agreement relates; and\nthe period for which the agreement has effect; and\nprovide—\nto the extent the compensation liability is monetary—the amount of the compensation; and\nfor how and when the compensation liability will be met; and\nstate that under section 92 of the Act —\nthe resource authority holder is required to give notice of the agreement to the registrar; and\nthe registrar is required to record the agreement in the relevant register.\nThe agreement must be signed by—\nthe eligible claimant; and\nthe resource authority holder.\nThis section does not limit the matters that may be provided for in a conduct and compensation agreement.\n(sec.30-ssec.1) This section prescribes, for section 83 (4) of the Act , the requirements for a conduct and compensation agreement entered into by an eligible claimant and a resource authority holder.\n(sec.30-ssec.2) The agreement must— provide for the matters mentioned in section 83 (1) of the Act ; and state whether the agreement is for all or part of the holder’s compensation liability to the eligible claimant; and if the agreement is for only part of the compensation liability, state— details of each activity, or the effect of the activity, to which the agreement relates; and the period for which the agreement has effect; and provide— to the extent the compensation liability is monetary—the amount of the compensation; and for how and when the compensation liability will be met; and state that under section 92 of the Act — the resource authority holder is required to give notice of the agreement to the registrar; and the registrar is required to record the agreement in the relevant register.\n(sec.30-ssec.3) The agreement must be signed by— the eligible claimant; and the resource authority holder.\n(sec.30-ssec.4) This section does not limit the matters that may be provided for in a conduct and compensation agreement.\n- (a) provide for the matters mentioned in section 83 (1) of the Act ; and\n- (b) state whether the agreement is for all or part of the holder’s compensation liability to the eligible claimant; and\n- (c) if the agreement is for only part of the compensation liability, state— (i) details of each activity, or the effect of the activity, to which the agreement relates; and (ii) the period for which the agreement has effect; and\n- (i) details of each activity, or the effect of the activity, to which the agreement relates; and\n- (ii) the period for which the agreement has effect; and\n- (d) provide— (i) to the extent the compensation liability is monetary—the amount of the compensation; and (ii) for how and when the compensation liability will be met; and\n- (i) to the extent the compensation liability is monetary—the amount of the compensation; and\n- (ii) for how and when the compensation liability will be met; and\n- (e) state that under section 92 of the Act — (i) the resource authority holder is required to give notice of the agreement to the registrar; and (ii) the registrar is required to record the agreement in the relevant register.\n- (i) the resource authority holder is required to give notice of the agreement to the registrar; and\n- (ii) the registrar is required to record the agreement in the relevant register.\n- (i) details of each activity, or the effect of the activity, to which the agreement relates; and\n- (ii) the period for which the agreement has effect; and\n- (i) to the extent the compensation liability is monetary—the amount of the compensation; and\n- (ii) for how and when the compensation liability will be met; and\n- (i) the resource authority holder is required to give notice of the agreement to the registrar; and\n- (ii) the registrar is required to record the agreement in the relevant register.\n- (a) the eligible claimant; and\n- (b) the resource authority holder.","sortOrder":36},{"sectionNumber":"sec.30A","sectionType":"section","heading":"Conference election notice— Act , s 83A","content":"### sec.30A Conference election notice— Act , s 83A\n\nThis section prescribes, for section 83A (3) (b) of the Act , other information for a conference election notice.\nThe other information is—\na description of the land proposed to be entered; and\nthe contact details for the party.\ns 30A ins 2019 SL No. 53 s 5\n(sec.30A-ssec.1) This section prescribes, for section 83A (3) (b) of the Act , other information for a conference election notice.\n(sec.30A-ssec.2) The other information is— a description of the land proposed to be entered; and the contact details for the party.\n- (a) a description of the land proposed to be entered; and\n- (b) the contact details for the party.","sortOrder":37},{"sectionNumber":"sec.30B","sectionType":"section","heading":"Conduct of conference— Act , s 83B","content":"### sec.30B Conduct of conference— Act , s 83B\n\nThis section prescribes, for section 83B (2) of the Act , the requirements for conducting a conference to negotiate a resolution of the dispute.\nThe authorised officer conducting the conference must give the parties a written notice—\nrequesting their attendance at the conference; and\nstating—\nwhen and where the conference will be held; and\nthe matters to be discussed at the conference.\nA party given notice of the conference may attend and take part in the conference.\nA party must not be represented by a lawyer at the conference unless—\nthe other party agrees; and\nthe authorised officer is satisfied there is no disadvantage to the other party.\nA person, other than a party or a lawyer representing a party, may attend the conference to help a party only with the authorised officer’s approval.\nOther than as provided for under the Act and subsections (2) to (5) , the conference must be conducted in the way decided by the authorised officer.\ns 30B (prev s 33) amd 2019 SL No. 53 s 7 (1) – (5)\nreloc and renum 2019 SL No. 53 s 7 (6)\n(sec.30B-ssec.1) This section prescribes, for section 83B (2) of the Act , the requirements for conducting a conference to negotiate a resolution of the dispute.\n(sec.30B-ssec.2) The authorised officer conducting the conference must give the parties a written notice— requesting their attendance at the conference; and stating— when and where the conference will be held; and the matters to be discussed at the conference.\n(sec.30B-ssec.3) A party given notice of the conference may attend and take part in the conference.\n(sec.30B-ssec.4) A party must not be represented by a lawyer at the conference unless— the other party agrees; and the authorised officer is satisfied there is no disadvantage to the other party.\n(sec.30B-ssec.5) A person, other than a party or a lawyer representing a party, may attend the conference to help a party only with the authorised officer’s approval.\n(sec.30B-ssec.6) Other than as provided for under the Act and subsections (2) to (5) , the conference must be conducted in the way decided by the authorised officer.\n- (a) requesting their attendance at the conference; and\n- (b) stating— (i) when and where the conference will be held; and (ii) the matters to be discussed at the conference.\n- (i) when and where the conference will be held; and\n- (ii) the matters to be discussed at the conference.\n- (i) when and where the conference will be held; and\n- (ii) the matters to be discussed at the conference.\n- (a) the other party agrees; and\n- (b) the authorised officer is satisfied there is no disadvantage to the other party.","sortOrder":38},{"sectionNumber":"sec.31","sectionType":"section","heading":"Negotiation notice— Act , s 84","content":"### sec.31 Negotiation notice— Act , s 84\n\nThis section prescribes, for section 84 (2) of the Act , the requirements for a negotiation notice given to an eligible claimant.\nThe notice must state each of the following—\nif the resource authority holder wants to negotiate a conduct and compensation agreement—\nwhether the holder wants to negotiate all or part of the holder’s compensation liability; and\nif the holder wants to negotiate only part of the compensation liability—which part of the liability the holder wants to negotiate;\nif the resource authority holder wants to negotiate a deferral agreement—that fact and the reasons for the holder wanting to negotiate the agreement;\na description of the land proposed to be entered;\nthe activities proposed to be carried out on the land;\nwhen and where the activities are to be carried out;\nthe contact details for—\nthe resource authority holder; or\nanother person the resource authority holder has authorised to discuss the matters stated in the notice.\nThe notice must be accompanied by a copy of—\nthe land access code, if any, applicable to the eligible claimant; and\nthe document called ‘A guide to land access in Queensland’ published on the department’s website or the Queensland Government business and industry portal.\ns 31 amd 2019 SL No. 53 s 6\n(sec.31-ssec.1) This section prescribes, for section 84 (2) of the Act , the requirements for a negotiation notice given to an eligible claimant.\n(sec.31-ssec.2) The notice must state each of the following— if the resource authority holder wants to negotiate a conduct and compensation agreement— whether the holder wants to negotiate all or part of the holder’s compensation liability; and if the holder wants to negotiate only part of the compensation liability—which part of the liability the holder wants to negotiate; if the resource authority holder wants to negotiate a deferral agreement—that fact and the reasons for the holder wanting to negotiate the agreement; a description of the land proposed to be entered; the activities proposed to be carried out on the land; when and where the activities are to be carried out; the contact details for— the resource authority holder; or another person the resource authority holder has authorised to discuss the matters stated in the notice.\n(sec.31-ssec.3) The notice must be accompanied by a copy of— the land access code, if any, applicable to the eligible claimant; and the document called ‘A guide to land access in Queensland’ published on the department’s website or the Queensland Government business and industry portal.\n- (a) if the resource authority holder wants to negotiate a conduct and compensation agreement— (i) whether the holder wants to negotiate all or part of the holder’s compensation liability; and (ii) if the holder wants to negotiate only part of the compensation liability—which part of the liability the holder wants to negotiate;\n- (i) whether the holder wants to negotiate all or part of the holder’s compensation liability; and\n- (ii) if the holder wants to negotiate only part of the compensation liability—which part of the liability the holder wants to negotiate;\n- (b) if the resource authority holder wants to negotiate a deferral agreement—that fact and the reasons for the holder wanting to negotiate the agreement;\n- (c) a description of the land proposed to be entered;\n- (d) the activities proposed to be carried out on the land;\n- (e) when and where the activities are to be carried out;\n- (f) the contact details for— (i) the resource authority holder; or (ii) another person the resource authority holder has authorised to discuss the matters stated in the notice.\n- (i) the resource authority holder; or\n- (ii) another person the resource authority holder has authorised to discuss the matters stated in the notice.\n- (i) whether the holder wants to negotiate all or part of the holder’s compensation liability; and\n- (ii) if the holder wants to negotiate only part of the compensation liability—which part of the liability the holder wants to negotiate;\n- (i) the resource authority holder; or\n- (ii) another person the resource authority holder has authorised to discuss the matters stated in the notice.\n- (a) the land access code, if any, applicable to the eligible claimant; and\n- (b) the document called ‘A guide to land access in Queensland’ published on the department’s website or the Queensland Government business and industry portal.","sortOrder":39},{"sectionNumber":"sec.32","sectionType":"section","heading":"Minimum negotiation period— Act , s 85","content":"### sec.32 Minimum negotiation period— Act , s 85\n\nThis section prescribes, for section 85 (2) (a) of the Act , the minimum negotiation period.\nThe minimum negotiation period is—\n20 business days starting on the day the negotiation notice is given; or\nif the eligible claimant and the resource authority holder agree in writing to a longer period—the longer period.\n(sec.32-ssec.1) This section prescribes, for section 85 (2) (a) of the Act , the minimum negotiation period.\n(sec.32-ssec.2) The minimum negotiation period is— 20 business days starting on the day the negotiation notice is given; or if the eligible claimant and the resource authority holder agree in writing to a longer period—the longer period.\n- (a) 20 business days starting on the day the negotiation notice is given; or\n- (b) if the eligible claimant and the resource authority holder agree in writing to a longer period—the longer period.","sortOrder":40},{"sectionNumber":"sec.34","sectionType":"section","heading":"Requirements for road compensation agreement— Act , s 94","content":"### sec.34 Requirements for road compensation agreement— Act , s 94\n\nThis section prescribes, for section 94 (2) of the Act , the requirements for a road compensation agreement.\nThe agreement must—\nstate whether the agreement is for all or part of the compensation liability; and\nif the agreement is for part of the compensation liability, state—\neach part of the notifiable road use to which the agreement relates; and\nthe period for which the agreement has effect; and\nprovide for how and when the compensation liability will be met.\nThe agreement must be signed by—\nthe resource authority holder; and\nthe public road authority.\n(sec.34-ssec.1) This section prescribes, for section 94 (2) of the Act , the requirements for a road compensation agreement.\n(sec.34-ssec.2) The agreement must— state whether the agreement is for all or part of the compensation liability; and if the agreement is for part of the compensation liability, state— each part of the notifiable road use to which the agreement relates; and the period for which the agreement has effect; and provide for how and when the compensation liability will be met.\n(sec.34-ssec.3) The agreement must be signed by— the resource authority holder; and the public road authority.\n- (a) state whether the agreement is for all or part of the compensation liability; and\n- (b) if the agreement is for part of the compensation liability, state— (i) each part of the notifiable road use to which the agreement relates; and (ii) the period for which the agreement has effect; and\n- (i) each part of the notifiable road use to which the agreement relates; and\n- (ii) the period for which the agreement has effect; and\n- (c) provide for how and when the compensation liability will be met.\n- (i) each part of the notifiable road use to which the agreement relates; and\n- (ii) the period for which the agreement has effect; and\n- (a) the resource authority holder; and\n- (b) the public road authority.","sortOrder":41},{"sectionNumber":"ch.3-pt.6","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":42},{"sectionNumber":"sec.35","sectionType":"section","heading":"Prescribed criteria for deciding compensation by Land Court— Act , s 100","content":"### sec.35 Prescribed criteria for deciding compensation by Land Court— Act , s 100\n\nFor section 100 (3) (a) of the Act , the criteria the Land Court may have regard to, in deciding a resource authority holder’s compensation liability to a public road authority, are each of the following—\nthe reasonableness of the cost, damage or loss claimed by the authority;\nif the authority is a local government—the extent to which the cost, damage or loss claimed by the authority is met by an amount the holder is liable to pay the authority for —\na notifiable road use; or\nrates or charges under the Local Government Act 2009 ;\nany other relevant matter.\nIn considering under subsection (1) (a) the reasonableness of the cost, damage or loss claimed by the authority, the Land Court may have regard to—\nany action taken, or proposed, by the holder to avoid, minimise or remedy the cost, damage or loss; and\nany act or omission of the authority relevant to the cost, damage or loss.\nSubsection (1) (b) (ii) applies whether or not the rates or charges relate to a notifiable road use.\n(sec.35-ssec.1) For section 100 (3) (a) of the Act , the criteria the Land Court may have regard to, in deciding a resource authority holder’s compensation liability to a public road authority, are each of the following— the reasonableness of the cost, damage or loss claimed by the authority; if the authority is a local government—the extent to which the cost, damage or loss claimed by the authority is met by an amount the holder is liable to pay the authority for — a notifiable road use; or rates or charges under the Local Government Act 2009 ; any other relevant matter.\n(sec.35-ssec.2) In considering under subsection (1) (a) the reasonableness of the cost, damage or loss claimed by the authority, the Land Court may have regard to— any action taken, or proposed, by the holder to avoid, minimise or remedy the cost, damage or loss; and any act or omission of the authority relevant to the cost, damage or loss.\n(sec.35-ssec.3) Subsection (1) (b) (ii) applies whether or not the rates or charges relate to a notifiable road use.\n- (a) the reasonableness of the cost, damage or loss claimed by the authority;\n- (b) if the authority is a local government—the extent to which the cost, damage or loss claimed by the authority is met by an amount the holder is liable to pay the authority for — (i) a notifiable road use; or (ii) rates or charges under the Local Government Act 2009 ;\n- (i) a notifiable road use; or\n- (ii) rates or charges under the Local Government Act 2009 ;\n- (c) any other relevant matter.\n- (i) a notifiable road use; or\n- (ii) rates or charges under the Local Government Act 2009 ;\n- (a) any action taken, or proposed, by the holder to avoid, minimise or remedy the cost, damage or loss; and\n- (b) any act or omission of the authority relevant to the cost, damage or loss.","sortOrder":43},{"sectionNumber":"sec.35A","sectionType":"section","heading":"Conduct of conference about concerns— Act , s 101F","content":"### sec.35A Conduct of conference about concerns— Act , s 101F\n\nThis section prescribes, for section 101F (2) of the Act , the requirements for conducting a conference to discuss a concern relating to a resource authority.\nThe authorised officer conducting the conference must give the parties a written notice—\nrequesting their attendance at the conference; and\nstating—\nwhen and where the conference will be held; and\nthe concern to be discussed at the conference.\nA party given notice of the conference may attend and take part in the conference.\nA party must not be represented by a lawyer at the conference unless—\neach other party agrees; and\nthe authorised officer is satisfied there is no disadvantage to each other party.\nA person, other than a party or a lawyer representing a party, may attend the conference to help a party only with the authorised officer’s approval.\nOther than as provided for under the Act and subsections (2) to (5) , the conference must be conducted in the way decided by the authorised officer.\ns 35A ins 2020 Act No. 14 s 92\n(sec.35A-ssec.1) This section prescribes, for section 101F (2) of the Act , the requirements for conducting a conference to discuss a concern relating to a resource authority.\n(sec.35A-ssec.2) The authorised officer conducting the conference must give the parties a written notice— requesting their attendance at the conference; and stating— when and where the conference will be held; and the concern to be discussed at the conference.\n(sec.35A-ssec.3) A party given notice of the conference may attend and take part in the conference.\n(sec.35A-ssec.4) A party must not be represented by a lawyer at the conference unless— each other party agrees; and the authorised officer is satisfied there is no disadvantage to each other party.\n(sec.35A-ssec.5) A person, other than a party or a lawyer representing a party, may attend the conference to help a party only with the authorised officer’s approval.\n(sec.35A-ssec.6) Other than as provided for under the Act and subsections (2) to (5) , the conference must be conducted in the way decided by the authorised officer.\n- (a) requesting their attendance at the conference; and\n- (b) stating— (i) when and where the conference will be held; and (ii) the concern to be discussed at the conference.\n- (i) when and where the conference will be held; and\n- (ii) the concern to be discussed at the conference.\n- (i) when and where the conference will be held; and\n- (ii) the concern to be discussed at the conference.\n- (a) each other party agrees; and\n- (b) the authorised officer is satisfied there is no disadvantage to each other party.","sortOrder":44},{"sectionNumber":"sec.36","sectionType":"section","heading":"Prescribed period for complying with requirement to give chief executive copy of notice or consent— Act , s 205","content":"### sec.36 Prescribed period for complying with requirement to give chief executive copy of notice or consent— Act , s 205\n\nThis section prescribes, for section 205 (1) of the Act , the period within which a relevant entity must comply with a requirement of the chief executive to give the chief executive a copy of a notice or consent given by or to the relevant entity under chapter 3 of the Act .\nThe period is 10 business days starting on the day the chief executive makes the requirement.\n(sec.36-ssec.1) This section prescribes, for section 205 (1) of the Act , the period within which a relevant entity must comply with a requirement of the chief executive to give the chief executive a copy of a notice or consent given by or to the relevant entity under chapter 3 of the Act .\n(sec.36-ssec.2) The period is 10 business days starting on the day the chief executive makes the requirement.","sortOrder":45},{"sectionNumber":"sec.36A","sectionType":"section","heading":null,"content":"### Section sec.36A\n\ns 36A ins 2019 SL No. 53 s 9\nom 2020 Act No. 14 s 218 sch 1","sortOrder":46},{"sectionNumber":"sec.36B","sectionType":"section","heading":"Prescribed ADR institutes— Act , sch 2 , def prescribed ADR institute","content":"### sec.36B Prescribed ADR institutes— Act , sch 2 , def prescribed ADR institute\n\nFor schedule 2 of the Act , definition prescribed ADR institute , the Resolution Institute ABN 69 008 651 232 is prescribed.\ns 36B ins 2019 SL No. 53 s 9","sortOrder":47},{"sectionNumber":"ch.4-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":48},{"sectionNumber":"sec.37","sectionType":"section","heading":"Definitions for chapter","content":"### sec.37 Definitions for chapter\n\nIn this chapter—\nP50 petroleum reserves means petroleum reserves for which there is at least a 50 per cent probability that the quantities actually recovered will equal or exceed the best estimate of production within the meaning of the SPE code.\nSPE code means the document called ‘Petroleum Resources Management System’ published in 2007 by the Society of Petroleum Engineers.","sortOrder":49},{"sectionNumber":"ch.4-pt.2","sectionType":"part","heading":"Right of way for coal","content":"# Right of way for coal","sortOrder":50},{"sectionNumber":"sec.38","sectionType":"section","heading":"Notice to chief executive about new mining commencement date— Act , s 127","content":"### sec.38 Notice to chief executive about new mining commencement date— Act , s 127\n\nFor section 127 (8) (b) (iii) of the Act , the notice to be given to the chief executive by the ML (coal) holder within 20 business days after a new mining commencement date is accepted or established must also state the identifying number of the ML (coal).","sortOrder":51},{"sectionNumber":"sec.39","sectionType":"section","heading":"Prescribed threshold for petroleum production— Act , s 127","content":"### sec.39 Prescribed threshold for petroleum production— Act , s 127\n\nFor section 127 (9) of the Act , definition prescribed threshold , the threshold for production of petroleum is 80 per cent of P50 petroleum reserves.","sortOrder":52},{"sectionNumber":"sec.40","sectionType":"section","heading":"Notice to chief executive about agreed joint development plan— Act , s 130","content":"### sec.40 Notice to chief executive about agreed joint development plan— Act , s 130\n\nFor section 130 (2) (b) (iii) of the Act , the notice to be given to the chief executive stating that an agreed joint development plan is in place must include the following additional information—\na map that shows—\neach of the resource authorities, identified by their identifying number, to which the plan relates; and\neach overlapping area to which the plan relates;\nthe statement in the agreed joint development plan, required under section 130 (3) (f) of the Act , about the optimisation of the development and use of the State’s coal and coal seam gas resources;\na statement about whether the agreed joint development plan has been prepared in accordance with section 130 (3) of the Act .\n- (a) a map that shows— (i) each of the resource authorities, identified by their identifying number, to which the plan relates; and (ii) each overlapping area to which the plan relates;\n- (i) each of the resource authorities, identified by their identifying number, to which the plan relates; and\n- (ii) each overlapping area to which the plan relates;\n- (b) the statement in the agreed joint development plan, required under section 130 (3) (f) of the Act , about the optimisation of the development and use of the State’s coal and coal seam gas resources;\n- (c) a statement about whether the agreed joint development plan has been prepared in accordance with section 130 (3) of the Act .\n- (i) each of the resource authorities, identified by their identifying number, to which the plan relates; and\n- (ii) each overlapping area to which the plan relates;","sortOrder":53},{"sectionNumber":"sec.41","sectionType":"section","heading":"Contract for delivery of incidental coal seam gas by ML (coal) holder— Act , s 138","content":"### sec.41 Contract for delivery of incidental coal seam gas by ML (coal) holder— Act , s 138\n\nFor section 138 (5) of the Act , the contract for delivery of incidental coal seam gas by a ML (coal) holder to a petroleum resource authority holder must include an agreed term about each of the matters mentioned in section 42 (a) to (e) .","sortOrder":54},{"sectionNumber":"sec.42","sectionType":"section","heading":"Notice of offer or re-offer of supply of incidental coal seam gas— Act , s 138","content":"### sec.42 Notice of offer or re-offer of supply of incidental coal seam gas— Act , s 138\n\nFor section 138 (8) of the Act , a notice of offer or re-offer by the ML (coal) holder to supply incidental coal seam gas must include the following—\nthe indicative volume, composition and production rate of the gas;\nwhether the gas is diluted incidental coal seam gas or undiluted incidental coal seam gas and the percentage of methane in each;\na single location at which the gas is proposed to be delivered;\nthe transportation requirements for the proposed delivery of the gas;\nthe proposed payment arrangements including, for example, arrangements for—\npayment by the petroleum resource authority holder of a reasonable contribution to production costs; and\npayment by the petroleum resource authority holder of transportation costs; and\npayment by the petroleum resource authority holder of costs incurred by the ML (coal) holder in the event that the petroleum resource authority holder does not take supply of the accepted gas.\nthe due date for acceptance of the offer.\n- (a) the indicative volume, composition and production rate of the gas;\n- (b) whether the gas is diluted incidental coal seam gas or undiluted incidental coal seam gas and the percentage of methane in each;\n- (c) a single location at which the gas is proposed to be delivered;\n- (d) the transportation requirements for the proposed delivery of the gas;\n- (e) the proposed payment arrangements including, for example, arrangements for— (i) payment by the petroleum resource authority holder of a reasonable contribution to production costs; and (ii) payment by the petroleum resource authority holder of transportation costs; and (iii) payment by the petroleum resource authority holder of costs incurred by the ML (coal) holder in the event that the petroleum resource authority holder does not take supply of the accepted gas.\n- (i) payment by the petroleum resource authority holder of a reasonable contribution to production costs; and\n- (ii) payment by the petroleum resource authority holder of transportation costs; and\n- (iii) payment by the petroleum resource authority holder of costs incurred by the ML (coal) holder in the event that the petroleum resource authority holder does not take supply of the accepted gas.\n- (f) the due date for acceptance of the offer.\n- (i) payment by the petroleum resource authority holder of a reasonable contribution to production costs; and\n- (ii) payment by the petroleum resource authority holder of transportation costs; and\n- (iii) payment by the petroleum resource authority holder of costs incurred by the ML (coal) holder in the event that the petroleum resource authority holder does not take supply of the accepted gas.","sortOrder":55},{"sectionNumber":"ch.4-pt.3","sectionType":"part","heading":"Subsequent petroleum production","content":"# Subsequent petroleum production","sortOrder":56},{"sectionNumber":"sec.43","sectionType":"section","heading":"Notice to chief executive about agreed joint development plan— Act , s 142","content":"### sec.43 Notice to chief executive about agreed joint development plan— Act , s 142\n\nFor section 142 (2) (b) (iii) of the Act , the notice to be given to the chief executive stating that an agreed joint development plan is in place must include the following additional information—\na map that shows—\neach of the resource authorities, identified by their identifying number, to which the plan relates; and\neach overlapping area to which the plan relates;\nthe statement in the agreed joint development plan, required under section 142 (3) (e) of the Act , about the optimisation of the development and use of the State’s coal and coal seam gas resources;\na statement about whether the agreed joint development plan has been prepared in accordance with section 142 (3) of the Act .\n- (a) a map that shows— (i) each of the resource authorities, identified by their identifying number, to which the plan relates; and (ii) each overlapping area to which the plan relates;\n- (i) each of the resource authorities, identified by their identifying number, to which the plan relates; and\n- (ii) each overlapping area to which the plan relates;\n- (b) the statement in the agreed joint development plan, required under section 142 (3) (e) of the Act , about the optimisation of the development and use of the State’s coal and coal seam gas resources;\n- (c) a statement about whether the agreed joint development plan has been prepared in accordance with section 142 (3) of the Act .\n- (i) each of the resource authorities, identified by their identifying number, to which the plan relates; and\n- (ii) each overlapping area to which the plan relates;","sortOrder":57},{"sectionNumber":"ch.4-pt.4","sectionType":"part","heading":"Compensation","content":"# Compensation","sortOrder":58},{"sectionNumber":"sec.44","sectionType":"section","heading":"Definition for part","content":"### sec.44 Definition for part\n\nIn this part—\navoided costs , of a PL holder, means costs avoided by the PL holder in not producing the coal seam gas foregone by the PL holder including, for example, production costs, operation costs, maintenance costs, transport costs, royalties and capital expenditure.","sortOrder":59},{"sectionNumber":"sec.45","sectionType":"section","heading":"Lost production— Act , s 162","content":"### sec.45 Lost production— Act , s 162\n\nFor section 162 (2) of the Act , lost production must be calculated in the following way and consistent with the following principles—\nthe volume of lost production is based on the PL holder’s production forecast for the period—\nstarting on the earlier date, for the IMA or RMA, stated in an acceleration notice given to the PL holder under section 128 (2) of the Act ; and\nending on—\nthe mining commencement date, for the IMA or RMA, as mentioned in section 128 (1) of the Act ; or\nif the mining commencement date, for the IMA or RMA, is changed under section 127 of the Act —the new changed date, for the IMA or RMA, as mentioned in section 115 (1) (c) of the Act ;\nif the PL holder has not started producing coal seam gas in an IMA or RMA before the date on which the PL holder is given an acceleration notice under section 128 (2) of the Act , and because of the earlier date, for the IMA or RMA, stated in the acceleration notice, the PL holder considers it is uneconomical to start producing coal seam gas, the volume of lost production is based on the PL holder’s production forecast for the period—\nstarting on the date the PL holder is given the acceleration notice; and\nending on—\nthe mining commencement date, for the IMA or RMA, as mentioned in section 128 (1) of the Act ; or\nif the mining commencement date, for the IMA or RMA, is changed under section 127 of the Act —the new changed date, for the IMA or RMA, as mentioned in section 115 (1) (c) of the Act ; and\nthe volume of lost production is based on the PL holder’s production forecast for P50 petroleum reserves for wells located in an IMA or RMA for the overlapping area;\nthe volume of lost production is based on the PL holder’s demonstrated intention and capacity to produce the coal seam gas;\nthe value and volume of lost production is supported by documentary evidence;\nif required by the ML (coal) holder—the volume of lost production is independently certified by an appropriately qualified person;\nthe value of lost production is based on the price of coal seam gas on the date the PL holder intended to produce the coal seam gas comprising the lost production;\nthe value of lost production excludes the PL holder’s avoided costs.\n- (a) the volume of lost production is based on the PL holder’s production forecast for the period— (i) starting on the earlier date, for the IMA or RMA, stated in an acceleration notice given to the PL holder under section 128 (2) of the Act ; and (ii) ending on— (A) the mining commencement date, for the IMA or RMA, as mentioned in section 128 (1) of the Act ; or (B) if the mining commencement date, for the IMA or RMA, is changed under section 127 of the Act —the new changed date, for the IMA or RMA, as mentioned in section 115 (1) (c) of the Act ;\n- (i) starting on the earlier date, for the IMA or RMA, stated in an acceleration notice given to the PL holder under section 128 (2) of the Act ; and\n- (ii) ending on— (A) the mining commencement date, for the IMA or RMA, as mentioned in section 128 (1) of the Act ; or (B) if the mining commencement date, for the IMA or RMA, is changed under section 127 of the Act —the new changed date, for the IMA or RMA, as mentioned in section 115 (1) (c) of the Act ;\n- (A) the mining commencement date, for the IMA or RMA, as mentioned in section 128 (1) of the Act ; or\n- (B) if the mining commencement date, for the IMA or RMA, is changed under section 127 of the Act —the new changed date, for the IMA or RMA, as mentioned in section 115 (1) (c) of the Act ;\n- (b) if the PL holder has not started producing coal seam gas in an IMA or RMA before the date on which the PL holder is given an acceleration notice under section 128 (2) of the Act , and because of the earlier date, for the IMA or RMA, stated in the acceleration notice, the PL holder considers it is uneconomical to start producing coal seam gas, the volume of lost production is based on the PL holder’s production forecast for the period— (i) starting on the date the PL holder is given the acceleration notice; and (ii) ending on— (A) the mining commencement date, for the IMA or RMA, as mentioned in section 128 (1) of the Act ; or (B) if the mining commencement date, for the IMA or RMA, is changed under section 127 of the Act —the new changed date, for the IMA or RMA, as mentioned in section 115 (1) (c) of the Act ; and\n- (i) starting on the date the PL holder is given the acceleration notice; and\n- (ii) ending on— (A) the mining commencement date, for the IMA or RMA, as mentioned in section 128 (1) of the Act ; or (B) if the mining commencement date, for the IMA or RMA, is changed under section 127 of the Act —the new changed date, for the IMA or RMA, as mentioned in section 115 (1) (c) of the Act ; and\n- (A) the mining commencement date, for the IMA or RMA, as mentioned in section 128 (1) of the Act ; or\n- (B) if the mining commencement date, for the IMA or RMA, is changed under section 127 of the Act —the new changed date, for the IMA or RMA, as mentioned in section 115 (1) (c) of the Act ; and\n- (c) the volume of lost production is based on the PL holder’s production forecast for P50 petroleum reserves for wells located in an IMA or RMA for the overlapping area;\n- (d) the volume of lost production is based on the PL holder’s demonstrated intention and capacity to produce the coal seam gas;\n- (e) the value and volume of lost production is supported by documentary evidence;\n- (f) if required by the ML (coal) holder—the volume of lost production is independently certified by an appropriately qualified person;\n- (g) the value of lost production is based on the price of coal seam gas on the date the PL holder intended to produce the coal seam gas comprising the lost production;\n- (h) the value of lost production excludes the PL holder’s avoided costs.\n- (i) starting on the earlier date, for the IMA or RMA, stated in an acceleration notice given to the PL holder under section 128 (2) of the Act ; and\n- (ii) ending on— (A) the mining commencement date, for the IMA or RMA, as mentioned in section 128 (1) of the Act ; or (B) if the mining commencement date, for the IMA or RMA, is changed under section 127 of the Act —the new changed date, for the IMA or RMA, as mentioned in section 115 (1) (c) of the Act ;\n- (A) the mining commencement date, for the IMA or RMA, as mentioned in section 128 (1) of the Act ; or\n- (B) if the mining commencement date, for the IMA or RMA, is changed under section 127 of the Act —the new changed date, for the IMA or RMA, as mentioned in section 115 (1) (c) of the Act ;\n- (A) the mining commencement date, for the IMA or RMA, as mentioned in section 128 (1) of the Act ; or\n- (B) if the mining commencement date, for the IMA or RMA, is changed under section 127 of the Act —the new changed date, for the IMA or RMA, as mentioned in section 115 (1) (c) of the Act ;\n- (i) starting on the date the PL holder is given the acceleration notice; and\n- (ii) ending on— (A) the mining commencement date, for the IMA or RMA, as mentioned in section 128 (1) of the Act ; or (B) if the mining commencement date, for the IMA or RMA, is changed under section 127 of the Act —the new changed date, for the IMA or RMA, as mentioned in section 115 (1) (c) of the Act ; and\n- (A) the mining commencement date, for the IMA or RMA, as mentioned in section 128 (1) of the Act ; or\n- (B) if the mining commencement date, for the IMA or RMA, is changed under section 127 of the Act —the new changed date, for the IMA or RMA, as mentioned in section 115 (1) (c) of the Act ; and\n- (A) the mining commencement date, for the IMA or RMA, as mentioned in section 128 (1) of the Act ; or\n- (B) if the mining commencement date, for the IMA or RMA, is changed under section 127 of the Act —the new changed date, for the IMA or RMA, as mentioned in section 115 (1) (c) of the Act ; and","sortOrder":60},{"sectionNumber":"sec.46","sectionType":"section","heading":"Cost of replacement of PL major gas infrastructure— Act , s 163","content":"### sec.46 Cost of replacement of PL major gas infrastructure— Act , s 163\n\nFor section 163 (2) of the Act , the cost of replacement of PL major gas infrastructure must be calculated in the following way and consistent with the following principles—\nthe cost is limited to PL major gas infrastructure located in an IMA or RMA for the overlapping area;\nthe cost is based on the cost of PL major gas infrastructure that is of the same standard and specification as the PL major gas infrastructure required to be replaced as at the date the PL major gas infrastructure is required to be replaced;\nif PL major gas infrastructure of the standard and specification mentioned in paragraph (b) is not available, whether for practical or regulatory reasons, the cost includes any reasonable cost attributable to the lack of availability;\nif the PL holder chooses to replace PL major gas infrastructure with infrastructure of an additional capacity or different specification to the PL major gas infrastructure required to be replaced, the cost excludes any cost attributable to the additional capacity or different specification;\nthe cost includes the cost of removal and relocation of the PL major gas infrastructure;\nthe cost is fair and reasonable;\nthe cost is supported by documentary evidence.\n- (a) the cost is limited to PL major gas infrastructure located in an IMA or RMA for the overlapping area;\n- (b) the cost is based on the cost of PL major gas infrastructure that is of the same standard and specification as the PL major gas infrastructure required to be replaced as at the date the PL major gas infrastructure is required to be replaced;\n- (c) if PL major gas infrastructure of the standard and specification mentioned in paragraph (b) is not available, whether for practical or regulatory reasons, the cost includes any reasonable cost attributable to the lack of availability;\n- (d) if the PL holder chooses to replace PL major gas infrastructure with infrastructure of an additional capacity or different specification to the PL major gas infrastructure required to be replaced, the cost excludes any cost attributable to the additional capacity or different specification;\n- (e) the cost includes the cost of removal and relocation of the PL major gas infrastructure;\n- (f) the cost is fair and reasonable;\n- (g) the cost is supported by documentary evidence.","sortOrder":61},{"sectionNumber":"sec.47","sectionType":"section","heading":"Cost of replacement of PL minor gas infrastructure— Act , s 164","content":"### sec.47 Cost of replacement of PL minor gas infrastructure— Act , s 164\n\nFor section 164 (2) of the Act , the cost of replacement of PL minor gas infrastructure must be calculated in the following way and consistent with the following principles—\nthe cost is limited to PL minor gas infrastructure located in an IMA or RMA for the overlapping area;\nthe cost is based on the depreciated value of the PL minor gas infrastructure at the date the PL holder is no longer able to use the infrastructure;\nthe cost includes the cost of removal and relocation of the PL minor gas infrastructure;\nthe cost does not include an amount for which compensation is payable for lost production;\nthe cost is fair and reasonable;\nthe cost is supported by documentary evidence.\n- (a) the cost is limited to PL minor gas infrastructure located in an IMA or RMA for the overlapping area;\n- (b) the cost is based on the depreciated value of the PL minor gas infrastructure at the date the PL holder is no longer able to use the infrastructure;\n- (c) the cost includes the cost of removal and relocation of the PL minor gas infrastructure;\n- (d) the cost does not include an amount for which compensation is payable for lost production;\n- (e) the cost is fair and reasonable;\n- (f) the cost is supported by documentary evidence.","sortOrder":62},{"sectionNumber":"sec.48","sectionType":"section","heading":"Cost of replacement of PL connecting infrastructure— Act , s 165","content":"### sec.48 Cost of replacement of PL connecting infrastructure— Act , s 165\n\nFor section 165 (2) of the Act , the cost of replacement of PL connecting infrastructure must be calculated in the following way and consistent with the following principles—\nthe cost is based on PL connecting infrastructure located in an IMA or RMA for the overlapping area;\nthe cost is based on the cost of PL connecting infrastructure that is of the same standard and specification as the PL connecting infrastructure required to be replaced as at the date the PL connecting infrastructure is required to be replaced;\nif PL connecting infrastructure of the standard and specification mentioned in paragraph (b) is not available, whether for practical or regulatory reasons, the cost includes any reasonable cost attributable to the lack of availability;\nif the PL holder chooses to replace PL connecting infrastructure with infrastructure of an additional capacity or different specification to the PL connecting infrastructure required to be replaced, the cost excludes any cost attributable to the additional capacity or different specification;\nthe cost includes the cost of removal and relocation of the PL connecting infrastructure;\nthe cost is fair and reasonable;\nthe cost is supported by documentary evidence.\n- (a) the cost is based on PL connecting infrastructure located in an IMA or RMA for the overlapping area;\n- (b) the cost is based on the cost of PL connecting infrastructure that is of the same standard and specification as the PL connecting infrastructure required to be replaced as at the date the PL connecting infrastructure is required to be replaced;\n- (c) if PL connecting infrastructure of the standard and specification mentioned in paragraph (b) is not available, whether for practical or regulatory reasons, the cost includes any reasonable cost attributable to the lack of availability;\n- (d) if the PL holder chooses to replace PL connecting infrastructure with infrastructure of an additional capacity or different specification to the PL connecting infrastructure required to be replaced, the cost excludes any cost attributable to the additional capacity or different specification;\n- (e) the cost includes the cost of removal and relocation of the PL connecting infrastructure;\n- (f) the cost is fair and reasonable;\n- (g) the cost is supported by documentary evidence.","sortOrder":63},{"sectionNumber":"sec.49","sectionType":"section","heading":"Cost of abandonment of ATP major gas infrastructure— Act , s 166","content":"### sec.49 Cost of abandonment of ATP major gas infrastructure— Act , s 166\n\nFor section 166 (2) of the Act , the cost of abandonment of ATP major gas infrastructure must be calculated in the following way and consistent with the following principles—\nthe cost is limited to ATP major gas infrastructure located in an IMA or RMA for the overlapping area;\nthe cost is based on the depreciated value of the infrastructure at the date the ATP holder is no longer able to use the infrastructure;\nthe cost is fair and reasonable;\nthe cost is supported by documentary evidence.\n- (a) the cost is limited to ATP major gas infrastructure located in an IMA or RMA for the overlapping area;\n- (b) the cost is based on the depreciated value of the infrastructure at the date the ATP holder is no longer able to use the infrastructure;\n- (c) the cost is fair and reasonable;\n- (d) the cost is supported by documentary evidence.","sortOrder":64},{"sectionNumber":"sec.50","sectionType":"section","heading":"Minimising compensation liability— Act , s 170","content":"### sec.50 Minimising compensation liability— Act , s 170\n\nFor section 170 (1) of the Act , an ML (coal) holder and a petroleum resource authority holder must take all reasonable steps to minimise compensation liability in the following way and consistent with the following principles—\nthe ML (coal) holder and petroleum resource authority holder must give each other all information reasonably necessary to allow them to minimise compensation liability;\nthe ML (coal) holder and petroleum resource authority holder must consider all reasonable proposals including, for example, co-operative arrangements, to the extent the proposals allow them to minimise compensation liability;\nthe ML (coal) holder may permit producing or planned wells to remain within the IMA or RMA if safe to do so\nthe ML (coal) holder may fund accelerated gas recovery or resequencing of gas production\nthe PL holder may relocate rather than replace PL major gas infrastructure\nall reasonable steps to minimise compensation liability must be taken.\n- (a) the ML (coal) holder and petroleum resource authority holder must give each other all information reasonably necessary to allow them to minimise compensation liability;\n- (b) the ML (coal) holder and petroleum resource authority holder must consider all reasonable proposals including, for example, co-operative arrangements, to the extent the proposals allow them to minimise compensation liability; Examples of co-operative arrangements— • the ML (coal) holder may permit producing or planned wells to remain within the IMA or RMA if safe to do so • the ML (coal) holder may fund accelerated gas recovery or resequencing of gas production • the PL holder may relocate rather than replace PL major gas infrastructure\n- • the ML (coal) holder may permit producing or planned wells to remain within the IMA or RMA if safe to do so\n- • the ML (coal) holder may fund accelerated gas recovery or resequencing of gas production\n- • the PL holder may relocate rather than replace PL major gas infrastructure\n- (c) all reasonable steps to minimise compensation liability must be taken.\n- • the ML (coal) holder may permit producing or planned wells to remain within the IMA or RMA if safe to do so\n- • the ML (coal) holder may fund accelerated gas recovery or resequencing of gas production\n- • the PL holder may relocate rather than replace PL major gas infrastructure","sortOrder":65},{"sectionNumber":"sec.51","sectionType":"section","heading":"Offsetting of compensation liability— Act , s 171","content":"### sec.51 Offsetting of compensation liability— Act , s 171\n\nFor section 171 (3) of the Act , the value of incidental coal seam gas mentioned in section 171 (1) of the Act must be calculated in the following way and consistent with the following principles—\nif the incidental coal seam gas is undiluted incidental coal seam gas—the value of the gas is based on the value of gas that has the same percentage of methane as the gas comprising the PL holder’s lost production;\nif the incidental coal seam gas is diluted incidental coal seam gas—the value of the gas is adjusted for its calorific value;\nthe volume and value of the incidental coal seam gas is supported by documentary evidence;\nif the incidental coal seam gas is undiluted incidental coal seam gas mentioned in section 171 (1) (b) of the Act —the volume of gas is independently certified by an appropriately qualified person.\n- (a) if the incidental coal seam gas is undiluted incidental coal seam gas—the value of the gas is based on the value of gas that has the same percentage of methane as the gas comprising the PL holder’s lost production;\n- (b) if the incidental coal seam gas is diluted incidental coal seam gas—the value of the gas is adjusted for its calorific value;\n- (c) the volume and value of the incidental coal seam gas is supported by documentary evidence;\n- (d) if the incidental coal seam gas is undiluted incidental coal seam gas mentioned in section 171 (1) (b) of the Act —the volume of gas is independently certified by an appropriately qualified person.","sortOrder":66},{"sectionNumber":"sec.52","sectionType":"section","heading":"Reconciliation payment— Act , s 172","content":"### sec.52 Reconciliation payment— Act , s 172\n\nFor section 172 (3) (a) of the Act , the amount of a reconciliation payment must be calculated in the following way and consistent with the following principles—\nthe amount of the reconciliation payment is based on the lesser of the following amounts—\nthe real value of a payment or an amount of natural gas given by the ML (coal) holder to the PL holder to meet the ML (coal) holder’s compensation liability for lost production;\nthe real value of coal seam gas subsequently recovered by the PL holder as mentioned in section 172 (1) (b) of the Act ;\nthe amount of the reconciliation payment must exclude the PL holder’s avoided costs.\n- (a) the amount of the reconciliation payment is based on the lesser of the following amounts— (i) the real value of a payment or an amount of natural gas given by the ML (coal) holder to the PL holder to meet the ML (coal) holder’s compensation liability for lost production; (ii) the real value of coal seam gas subsequently recovered by the PL holder as mentioned in section 172 (1) (b) of the Act ;\n- (i) the real value of a payment or an amount of natural gas given by the ML (coal) holder to the PL holder to meet the ML (coal) holder’s compensation liability for lost production;\n- (ii) the real value of coal seam gas subsequently recovered by the PL holder as mentioned in section 172 (1) (b) of the Act ;\n- (b) the amount of the reconciliation payment must exclude the PL holder’s avoided costs.\n- (i) the real value of a payment or an amount of natural gas given by the ML (coal) holder to the PL holder to meet the ML (coal) holder’s compensation liability for lost production;\n- (ii) the real value of coal seam gas subsequently recovered by the PL holder as mentioned in section 172 (1) (b) of the Act ;","sortOrder":67},{"sectionNumber":"ch.4-pt.5","sectionType":"part","heading":"Dispute resolution","content":"# Dispute resolution","sortOrder":68},{"sectionNumber":"sec.53","sectionType":"section","heading":"Prescribed arbitration institutes— Act , sch 2 , def prescribed arbitration institute","content":"### sec.53 Prescribed arbitration institutes— Act , sch 2 , def prescribed arbitration institute\n\nFor schedule 2 of the Act , definition prescribed arbitration institute , the following entities are prescribed—\nthe Queensland Law Society ABN 33 423 389 441;\nthe Resolution Institute ABN 69 008 651 232.\ns 53 sub 2020 Act No. 14 s 93\n- (a) the Queensland Law Society ABN 33 423 389 441;\n- (b) the Resolution Institute ABN 69 008 651 232.","sortOrder":69},{"sectionNumber":"sec.54","sectionType":"section","heading":"Matters arbitrator must consider in deciding award—Act, 178","content":"### sec.54 Matters arbitrator must consider in deciding award—Act, 178\n\nFor section 178 (4) of the Act , an arbitrator must consider the following matters in deciding an award—\nany evidence supplied to the arbitrator;\nfor making a decision under section 181 (1) of the Act about the liability of the parties to pay the costs of the arbitration—\nwhether a party has made a frivolous or vexatious claim in the arbitration; and\nwhether a party has complied with an order or direction of the arbitrator; and\nwhether a party has participated in the arbitration in good faith; and\nthe amount of any fees incurred because of the appointment of experts under section 179 of the Act .\n- (a) any evidence supplied to the arbitrator;\n- (b) for making a decision under section 181 (1) of the Act about the liability of the parties to pay the costs of the arbitration— (i) whether a party has made a frivolous or vexatious claim in the arbitration; and (ii) whether a party has complied with an order or direction of the arbitrator; and (iii) whether a party has participated in the arbitration in good faith; and (iv) the amount of any fees incurred because of the appointment of experts under section 179 of the Act .\n- (i) whether a party has made a frivolous or vexatious claim in the arbitration; and\n- (ii) whether a party has complied with an order or direction of the arbitrator; and\n- (iii) whether a party has participated in the arbitration in good faith; and\n- (iv) the amount of any fees incurred because of the appointment of experts under section 179 of the Act .\n- (i) whether a party has made a frivolous or vexatious claim in the arbitration; and\n- (ii) whether a party has complied with an order or direction of the arbitrator; and\n- (iii) whether a party has participated in the arbitration in good faith; and\n- (iv) the amount of any fees incurred because of the appointment of experts under section 179 of the Act .","sortOrder":70},{"sectionNumber":"sec.55","sectionType":"section","heading":"Experts appointed by arbitrator— Act , s 179","content":"### sec.55 Experts appointed by arbitrator— Act , s 179\n\nFor section 179 (3) of the Act , definition qualified person , the experience or qualifications a person must have to be appointed by an arbitrator to report to the arbitrator on specific issues are—\nqualifications, competencies and experience relevant to the specific issues; and\ndemonstrated knowledge of particular fields of knowledge relevant to the specific issues.\ncoal processing\ncoal seam gas operations\nfinancial models\ngeology\ninfrastructure costs\nventilation engineering\ncoal mining safety and health\npetroleum and gas safety and health\n- (a) qualifications, competencies and experience relevant to the specific issues; and\n- (b) demonstrated knowledge of particular fields of knowledge relevant to the specific issues.\n- • coal processing\n- • coal seam gas operations\n- • financial models\n- • geology\n- • infrastructure costs\n- • ventilation engineering\n- • coal mining safety and health\n- • petroleum and gas safety and health","sortOrder":71},{"sectionNumber":"ch.6-pt.1","sectionType":"part","heading":"Arrangement for deferring payment of rent","content":"# Arrangement for deferring payment of rent","sortOrder":72},{"sectionNumber":"ch.6-pt.1-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":73},{"sectionNumber":"sec.60A","sectionType":"section","heading":"Purpose of part","content":"### sec.60A Purpose of part\n\nFor section 204B of the Act , this part provides for an arrangement for deferring the payment of rent payable for a resource authority because of hardship.\ns 60A ins 2025 SL No. 48 s 9","sortOrder":74},{"sectionNumber":"sec.60B","sectionType":"section","heading":"Application of part","content":"### sec.60B Application of part\n\nThis part does not apply in relation to the payment of rent that is required to be paid on the grant of a resource authority.\nrental payable, under the Mineral Resources Act , section 290 (1) , on the grant of a mining lease for the first rental period for the lease\ns 60B ins 2025 SL No. 48 s 9","sortOrder":75},{"sectionNumber":"sec.60C","sectionType":"section","heading":"Definitions for part","content":"### sec.60C Definitions for part\n\nIn this part—\naffected resource authority see section 60D (1) .\ndeferral declaration see section 60D (2) .\ndeferral period , for the payment of rent, means the period for which the payment of the rent is deferred under division 2 .\ndeferred rent , for a resource authority, means rent payable for the authority the payment of which is deferred under division 2 .\nexceptional circumstances , affecting a resource authority, means exceptional circumstances that—\nresult in significant adverse economic impacts on the authority; and\nare outside the control of the authority’s holder.\na natural disaster, a pandemic\npayment day means—\nfor deferred rent for a resource authority—the day on or before which the deferred rent must be paid; or\nfor an instalment of deferred rent for a resource authority—the day on or before which the instalment of the deferred rent must be paid.\ns 60C ins 2025 SL No. 48 s 9\n- (a) result in significant adverse economic impacts on the authority; and\n- (b) are outside the control of the authority’s holder.\n- (a) for deferred rent for a resource authority—the day on or before which the deferred rent must be paid; or\n- (b) for an instalment of deferred rent for a resource authority—the day on or before which the instalment of the deferred rent must be paid.","sortOrder":76},{"sectionNumber":"ch.6-pt.1-div.2","sectionType":"division","heading":"Arrangement","content":"## Arrangement","sortOrder":77},{"sectionNumber":"sec.60D","sectionType":"section","heading":"Declaration of hardship area","content":"### sec.60D Declaration of hardship area\n\nThis section applies if the Minister is satisfied a holder of a resource authority (an affected resource authority ) is suffering hardship because of exceptional circumstances affecting the authority.\nThe Minister may, by notice (a deferral declaration ) published on the department’s website or the Queensland Government business and industry portal, declare an area comprising, or including, the authorised area for an affected resource authority as a hardship area.\ns 60D ins 2025 SL No. 48 s 9\n(sec.60D-ssec.1) This section applies if the Minister is satisfied a holder of a resource authority (an affected resource authority ) is suffering hardship because of exceptional circumstances affecting the authority.\n(sec.60D-ssec.2) The Minister may, by notice (a deferral declaration ) published on the department’s website or the Queensland Government business and industry portal, declare an area comprising, or including, the authorised area for an affected resource authority as a hardship area.","sortOrder":78},{"sectionNumber":"sec.60E","sectionType":"section","heading":"Content of deferral declaration","content":"### sec.60E Content of deferral declaration\n\nA deferral declaration must state—\nthe affected resource authorities to which the declaration relates; and\ndetails of the hardship being suffered by the holders of the authorities, including—\nthe exceptional circumstances affecting the authorities; and\nwhen the circumstances started; and\neach area declared as a hardship area; and\nthat the payment of all or part of the rent that, but for the declaration, would have been payable by the holder of each affected resource authority, is deferred; and\nif the payment of only part of the rent is deferred—the proportion of the rent that is deferred; and\nthe period, of not more than 1 year, for which the payment of the rent is deferred; and\nthe terms of payment of the deferred rent, including—\nwhether the deferred rent is to be paid in instalments; and\nthe day on or before which the deferred rent must be paid or, if the deferred rent is to be paid in instalments, the day on or before which each instalment of the deferred rent must be paid.\nFor subsection (1) (a) , the affected resource authorities may be stated by reference to either, or a combination of both, of the following—\nall resource authorities of a particular type;\na list of stated resource authorities.\nFor subsection (1) (c) , an area may be declared as a hardship area by reference to either, or a combination of both, of the following—\nan area comprising or including the authorised area for an affected resource authority;\nan area in a local government area.\ns 60E ins 2025 SL No. 48 s 9\n(sec.60E-ssec.1) A deferral declaration must state— the affected resource authorities to which the declaration relates; and details of the hardship being suffered by the holders of the authorities, including— the exceptional circumstances affecting the authorities; and when the circumstances started; and each area declared as a hardship area; and that the payment of all or part of the rent that, but for the declaration, would have been payable by the holder of each affected resource authority, is deferred; and if the payment of only part of the rent is deferred—the proportion of the rent that is deferred; and the period, of not more than 1 year, for which the payment of the rent is deferred; and the terms of payment of the deferred rent, including— whether the deferred rent is to be paid in instalments; and the day on or before which the deferred rent must be paid or, if the deferred rent is to be paid in instalments, the day on or before which each instalment of the deferred rent must be paid.\n(sec.60E-ssec.2) For subsection (1) (a) , the affected resource authorities may be stated by reference to either, or a combination of both, of the following— all resource authorities of a particular type; a list of stated resource authorities.\n(sec.60E-ssec.3) For subsection (1) (c) , an area may be declared as a hardship area by reference to either, or a combination of both, of the following— an area comprising or including the authorised area for an affected resource authority; an area in a local government area.\n- (a) the affected resource authorities to which the declaration relates; and\n- (b) details of the hardship being suffered by the holders of the authorities, including— (i) the exceptional circumstances affecting the authorities; and (ii) when the circumstances started; and\n- (i) the exceptional circumstances affecting the authorities; and\n- (ii) when the circumstances started; and\n- (c) each area declared as a hardship area; and\n- (d) that the payment of all or part of the rent that, but for the declaration, would have been payable by the holder of each affected resource authority, is deferred; and\n- (e) if the payment of only part of the rent is deferred—the proportion of the rent that is deferred; and\n- (f) the period, of not more than 1 year, for which the payment of the rent is deferred; and\n- (g) the terms of payment of the deferred rent, including— (i) whether the deferred rent is to be paid in instalments; and (ii) the day on or before which the deferred rent must be paid or, if the deferred rent is to be paid in instalments, the day on or before which each instalment of the deferred rent must be paid.\n- (i) whether the deferred rent is to be paid in instalments; and\n- (ii) the day on or before which the deferred rent must be paid or, if the deferred rent is to be paid in instalments, the day on or before which each instalment of the deferred rent must be paid.\n- (i) the exceptional circumstances affecting the authorities; and\n- (ii) when the circumstances started; and\n- (i) whether the deferred rent is to be paid in instalments; and\n- (ii) the day on or before which the deferred rent must be paid or, if the deferred rent is to be paid in instalments, the day on or before which each instalment of the deferred rent must be paid.\n- (a) all resource authorities of a particular type;\n- (b) a list of stated resource authorities.\n- (a) an area comprising or including the authorised area for an affected resource authority;\n- (b) an area in a local government area.","sortOrder":79},{"sectionNumber":"sec.60F","sectionType":"section","heading":"Instalments may only be annual","content":"### sec.60F Instalments may only be annual\n\nInstalments for the payment of deferred rent may only be annual instalments.\ns 60F ins 2025 SL No. 48 s 9","sortOrder":80},{"sectionNumber":"sec.60G","sectionType":"section","heading":"Different payment days","content":"### sec.60G Different payment days\n\nThe payment day for deferred rent, or each instalment of deferred rent, may be different for holders of different types of affected resource authorities.\ns 60G ins 2025 SL No. 48 s 9","sortOrder":81},{"sectionNumber":"sec.60H","sectionType":"section","heading":"Time limit for payment day","content":"### sec.60H Time limit for payment day\n\nThe payment day for deferred rent, or each instalment of deferred rent, for a resource authority must be within 5 years after the last day of the deferral period for the payment of rent.\ns 60H ins 2025 SL No. 48 s 9","sortOrder":82},{"sectionNumber":"sec.60I","sectionType":"section","heading":"Application of subdivision","content":"### sec.60I Application of subdivision\n\nThis subdivision applies if the Minister—\nhas made a deferral declaration; and\nis satisfied an amendment of the deferral declaration, under this subdivision, is appropriate because the holders of the affected resource authorities to which the declaration relates continue to suffer hardship because of exceptional circumstances affecting the authorities.\ns 60I ins 2025 SL No. 48 s 9\n- (a) has made a deferral declaration; and\n- (b) is satisfied an amendment of the deferral declaration, under this subdivision, is appropriate because the holders of the affected resource authorities to which the declaration relates continue to suffer hardship because of exceptional circumstances affecting the authorities.","sortOrder":83},{"sectionNumber":"sec.60J","sectionType":"section","heading":"Amending deferral declaration","content":"### sec.60J Amending deferral declaration\n\nThe Minister may, by notice published on the department’s website or the Queensland Government business and industry portal, amend a deferral declaration under either or both of sections 60K and 60L .\nHowever, the Minister may amend a deferral declaration under this subdivision only before the day that is 20 business days before the last day of the current deferral period for the payment of rent.\ns 60J ins 2025 SL No. 48 s 9\n(sec.60J-ssec.1) The Minister may, by notice published on the department’s website or the Queensland Government business and industry portal, amend a deferral declaration under either or both of sections 60K and 60L .\n(sec.60J-ssec.2) However, the Minister may amend a deferral declaration under this subdivision only before the day that is 20 business days before the last day of the current deferral period for the payment of rent.","sortOrder":84},{"sectionNumber":"sec.60K","sectionType":"section","heading":"Amendment to fix later payment day for deferred rent","content":"### sec.60K Amendment to fix later payment day for deferred rent\n\nThe Minister may amend a deferral declaration to fix a later payment day for deferred rent.\nHowever, the Minister may amend a deferral declaration under this section only once.\nAlso, the Minister may not amend a deferral declaration to fix a later payment day for an instalment of deferred rent.\nFurther, section 60H applies in relation to an amendment of a deferral declaration under this section.\ns 60K ins 2025 SL No. 48 s 9\n(sec.60K-ssec.1) The Minister may amend a deferral declaration to fix a later payment day for deferred rent.\n(sec.60K-ssec.2) However, the Minister may amend a deferral declaration under this section only once.\n(sec.60K-ssec.3) Also, the Minister may not amend a deferral declaration to fix a later payment day for an instalment of deferred rent.\n(sec.60K-ssec.4) Further, section 60H applies in relation to an amendment of a deferral declaration under this section.","sortOrder":85},{"sectionNumber":"sec.60L","sectionType":"section","heading":"Amendment to extend deferral period for payment of rent","content":"### sec.60L Amendment to extend deferral period for payment of rent\n\nThe Minister may amend a deferral declaration to—\nextend a deferral period for payment of rent for a further period of not more than 1 year; and\ndecide the terms of payment of the deferred rent for the further period, including—\nwhether the deferred rent is to be paid in instalments; and\nthe day on or before which the deferred rent must be paid or, if the deferred rent is to be paid in instalments, the day on or before which each instalment of the deferred rent must be paid.\nThe Minister may amend a deferral declaration under this section even if the Minister has previously amended the deferral declaration under this section (whether once or more than once).\nAlso, sections 60F to 60H apply in relation to an amendment of a deferral declaration under this section.\ns 60L ins 2025 SL No. 48 s 9\n(sec.60L-ssec.1) The Minister may amend a deferral declaration to— extend a deferral period for payment of rent for a further period of not more than 1 year; and decide the terms of payment of the deferred rent for the further period, including— whether the deferred rent is to be paid in instalments; and the day on or before which the deferred rent must be paid or, if the deferred rent is to be paid in instalments, the day on or before which each instalment of the deferred rent must be paid.\n(sec.60L-ssec.2) The Minister may amend a deferral declaration under this section even if the Minister has previously amended the deferral declaration under this section (whether once or more than once).\n(sec.60L-ssec.3) Also, sections 60F to 60H apply in relation to an amendment of a deferral declaration under this section.\n- (a) extend a deferral period for payment of rent for a further period of not more than 1 year; and\n- (b) decide the terms of payment of the deferred rent for the further period, including— (i) whether the deferred rent is to be paid in instalments; and (ii) the day on or before which the deferred rent must be paid or, if the deferred rent is to be paid in instalments, the day on or before which each instalment of the deferred rent must be paid.\n- (i) whether the deferred rent is to be paid in instalments; and\n- (ii) the day on or before which the deferred rent must be paid or, if the deferred rent is to be paid in instalments, the day on or before which each instalment of the deferred rent must be paid.\n- (i) whether the deferred rent is to be paid in instalments; and\n- (ii) the day on or before which the deferred rent must be paid or, if the deferred rent is to be paid in instalments, the day on or before which each instalment of the deferred rent must be paid.","sortOrder":86},{"sectionNumber":"ch.6-pt.1-div.3","sectionType":"division","heading":"Ending of arrangement","content":"## Ending of arrangement","sortOrder":87},{"sectionNumber":"sec.60M","sectionType":"section","heading":"References to deferral","content":"### sec.60M References to deferral\n\nIn this division, a reference to the deferral of the payment of rent under division 2 includes a reference to the authorisation under that division of the payment of the deferred rent on or before a stated day.\ns 60M ins 2025 SL No. 48 s 9","sortOrder":88},{"sectionNumber":"sec.60N","sectionType":"section","heading":"Cessation of deferral on making of relevant application","content":"### sec.60N Cessation of deferral on making of relevant application\n\nThis section applies if—\nthe payment of rent for a resource authority is deferred under division 2 ; and\na relevant application for the authority is made.\nThe deferral of the payment of the rent stops applying in relation to the resource authority from the day the relevant application for the authority is made.\nIn this section—\nrelevant application , for a resource authority, means each of the following applications—\nan application to renew the authority;\nan application for approval of a prescribed dealing, with the authority, that is an assessable transfer other than a transfer of a share in the authority;\nan application, under a Resource Act, for another type of resource authority that, if granted—\nwould be over all or part of the authorised area for the authority (the original authority ); and\nwould result in—\nthe ending of the original authority; or\nthe removal of part of the authorised area from the original authority;\nan application, for a mining tenement, mentioned in the Mineral Resources Act , section 177 or 226A\nan ATP-related application under the P&G Act , section 117\na grant application under the P&G Act , section 908\nan application for a geothermal lease under the Geothermal Act , section 77\na permit-related application under the Greenhouse Gas Act , section 113\nif the authority is a petroleum tenure under the P&G Act —an application relating to the tenure under section 103 , 107AA , 170A or 171 of that Act.\ns 60N ins 2025 SL No. 48 s 9\n(sec.60N-ssec.1) This section applies if— the payment of rent for a resource authority is deferred under division 2 ; and a relevant application for the authority is made.\n(sec.60N-ssec.2) The deferral of the payment of the rent stops applying in relation to the resource authority from the day the relevant application for the authority is made.\n(sec.60N-ssec.3) In this section— relevant application , for a resource authority, means each of the following applications— an application to renew the authority; an application for approval of a prescribed dealing, with the authority, that is an assessable transfer other than a transfer of a share in the authority; an application, under a Resource Act, for another type of resource authority that, if granted— would be over all or part of the authorised area for the authority (the original authority ); and would result in— the ending of the original authority; or the removal of part of the authorised area from the original authority; an application, for a mining tenement, mentioned in the Mineral Resources Act , section 177 or 226A an ATP-related application under the P&G Act , section 117 a grant application under the P&G Act , section 908 an application for a geothermal lease under the Geothermal Act , section 77 a permit-related application under the Greenhouse Gas Act , section 113 if the authority is a petroleum tenure under the P&G Act —an application relating to the tenure under section 103 , 107AA , 170A or 171 of that Act.\n- (a) the payment of rent for a resource authority is deferred under division 2 ; and\n- (b) a relevant application for the authority is made.\n- (a) an application to renew the authority;\n- (b) an application for approval of a prescribed dealing, with the authority, that is an assessable transfer other than a transfer of a share in the authority;\n- (c) an application, under a Resource Act, for another type of resource authority that, if granted— (i) would be over all or part of the authorised area for the authority (the original authority ); and (ii) would result in— (A) the ending of the original authority; or (B) the removal of part of the authorised area from the original authority; Examples of applications for paragraph (c) — • an application, for a mining tenement, mentioned in the Mineral Resources Act , section 177 or 226A • an ATP-related application under the P&G Act , section 117 • a grant application under the P&G Act , section 908 • an application for a geothermal lease under the Geothermal Act , section 77 • a permit-related application under the Greenhouse Gas Act , section 113\n- (i) would be over all or part of the authorised area for the authority (the original authority ); and\n- (ii) would result in— (A) the ending of the original authority; or (B) the removal of part of the authorised area from the original authority;\n- (A) the ending of the original authority; or\n- (B) the removal of part of the authorised area from the original authority;\n- • an application, for a mining tenement, mentioned in the Mineral Resources Act , section 177 or 226A\n- • an ATP-related application under the P&G Act , section 117\n- • a grant application under the P&G Act , section 908\n- • an application for a geothermal lease under the Geothermal Act , section 77\n- • a permit-related application under the Greenhouse Gas Act , section 113\n- (d) if the authority is a petroleum tenure under the P&G Act —an application relating to the tenure under section 103 , 107AA , 170A or 171 of that Act.\n- (i) would be over all or part of the authorised area for the authority (the original authority ); and\n- (ii) would result in— (A) the ending of the original authority; or (B) the removal of part of the authorised area from the original authority;\n- (A) the ending of the original authority; or\n- (B) the removal of part of the authorised area from the original authority;\n- (A) the ending of the original authority; or\n- (B) the removal of part of the authorised area from the original authority;\n- • an application, for a mining tenement, mentioned in the Mineral Resources Act , section 177 or 226A\n- • an ATP-related application under the P&G Act , section 117\n- • a grant application under the P&G Act , section 908\n- • an application for a geothermal lease under the Geothermal Act , section 77\n- • a permit-related application under the Greenhouse Gas Act , section 113","sortOrder":89},{"sectionNumber":"sec.60O","sectionType":"section","heading":"Cessation of deferral on making or giving of surrender instrument","content":"### sec.60O Cessation of deferral on making or giving of surrender instrument\n\nThis section applies if—\nthe payment of rent for a resource authority is deferred under division 2 ; and\na surrender instrument for the authority is made or given.\nThe deferral of the payment of the rent stops applying in relation to the resource authority from the day the surrender instrument for the authority is made or given.\nIn this section—\nsurrender instrument , for a resource authority, means any of the following made or given under the relevant Resource Act for the authority—\nan application to surrender the authority;\nan application to surrender all or part of the authorised area for the authority;\na notice to surrender the authority.\ns 60O ins 2025 SL No. 48 s 9\n(sec.60O-ssec.1) This section applies if— the payment of rent for a resource authority is deferred under division 2 ; and a surrender instrument for the authority is made or given.\n(sec.60O-ssec.2) The deferral of the payment of the rent stops applying in relation to the resource authority from the day the surrender instrument for the authority is made or given.\n(sec.60O-ssec.3) In this section— surrender instrument , for a resource authority, means any of the following made or given under the relevant Resource Act for the authority— an application to surrender the authority; an application to surrender all or part of the authorised area for the authority; a notice to surrender the authority.\n- (a) the payment of rent for a resource authority is deferred under division 2 ; and\n- (b) a surrender instrument for the authority is made or given.\n- (a) an application to surrender the authority;\n- (b) an application to surrender all or part of the authorised area for the authority;\n- (c) a notice to surrender the authority.","sortOrder":90},{"sectionNumber":"sec.60P","sectionType":"section","heading":"Cessation of deferral on ending of resource authority","content":"### sec.60P Cessation of deferral on ending of resource authority\n\nThis section applies if—\nthe payment of rent for a resource authority is deferred under division 2 ; and\nthe authority is cancelled or terminated, or otherwise ends, under a Resource Act.\nThe deferral of the payment of the rent stops applying in relation to the resource authority from the day the authority is cancelled or terminated or otherwise ends.\ns 60P ins 2025 SL No. 48 s 9\n(sec.60P-ssec.1) This section applies if— the payment of rent for a resource authority is deferred under division 2 ; and the authority is cancelled or terminated, or otherwise ends, under a Resource Act.\n(sec.60P-ssec.2) The deferral of the payment of the rent stops applying in relation to the resource authority from the day the authority is cancelled or terminated or otherwise ends.\n- (a) the payment of rent for a resource authority is deferred under division 2 ; and\n- (b) the authority is cancelled or terminated, or otherwise ends, under a Resource Act.","sortOrder":91},{"sectionNumber":"ch.6-pt.2","sectionType":"part","heading":"Other provisions","content":"# Other provisions","sortOrder":92},{"sectionNumber":"sec.61","sectionType":"section","heading":"Fees","content":"### sec.61 Fees\n\nThe fees payable under the Act are stated in schedule 2 .","sortOrder":93},{"sectionNumber":"sec.61A","sectionType":"section","heading":"Arbitration election notice— Act , s 196N","content":"### sec.61A Arbitration election notice— Act , s 196N\n\nThis section prescribes, for section 196N (e) of the Act , other information for an arbitration election notice.\nThe other information is—\nthat the party who receives the notice must accept or refuse the request for arbitration within the period mentioned in section 91A (3) of the Act ; and\neither party may be represented by a lawyer at the arbitration.\ns 61A (prev s 33) ins 2019 SL No. 53 s 8\namd 2025 SL No. 48 s 8 (1) – (3)\nreloc and renum 2025 SL No. 48 s 8 (4)\n(sec.61A-ssec.1) This section prescribes, for section 196N (e) of the Act , other information for an arbitration election notice.\n(sec.61A-ssec.2) The other information is— that the party who receives the notice must accept or refuse the request for arbitration within the period mentioned in section 91A (3) of the Act ; and either party may be represented by a lawyer at the arbitration.\n- (a) that the party who receives the notice must accept or refuse the request for arbitration within the period mentioned in section 91A (3) of the Act ; and\n- (b) either party may be represented by a lawyer at the arbitration.","sortOrder":94},{"sectionNumber":"sec.62","sectionType":"section","heading":"Surat Basin Transitional Area— Act , s 242","content":"### sec.62 Surat Basin Transitional Area— Act , s 242\n\nFor section 242 (2) of the Act , definition Surat Basin Transitional Area , the area prescribed is the area described by the following coordinates—\nLatitude\nLongitude\n-27.998425\n151.301083\n-25.831766\n151.301083\n-25.83177\n148.834443\n-26.331769\n148.834446\n-26.331768\n149.167773\n-26.498434\n149.167776\n-26.498433\n149.251108\n-26.665099\n149.251111\n-26.665099\n149.667771\n-26.748432\n149.667772\n-26.748431\n150.167765\n-27.998425\n150.167765\n-27.998425\n151.301083\nIn this section, position is defined by reference to GDA94.\nIn this section—\nGDA94 means the Geocentric Datum of Australia, commonly called ‘GDA94’, notified in the Commonwealth of Australia Gazette No. GN 35 on 6 September 1995, at page 3369.\ns 62 amd 2020 SL No. 94 s 11\n(sec.62-ssec.1) For section 242 (2) of the Act , definition Surat Basin Transitional Area , the area prescribed is the area described by the following coordinates— Latitude Longitude -27.998425 151.301083 -25.831766 151.301083 -25.83177 148.834443 -26.331769 148.834446 -26.331768 149.167773 -26.498434 149.167776 -26.498433 149.251108 -26.665099 149.251111 -26.665099 149.667771 -26.748432 149.667772 -26.748431 150.167765 -27.998425 150.167765 -27.998425 151.301083\n(sec.62-ssec.2) In this section, position is defined by reference to GDA94.\n(sec.62-ssec.3) In this section— GDA94 means the Geocentric Datum of Australia, commonly called ‘GDA94’, notified in the Commonwealth of Australia Gazette No. GN 35 on 6 September 1995, at page 3369.","sortOrder":95},{"sectionNumber":"sch.1-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":96},{"sectionNumber":"sch.1-sec.1","sectionType":"section","heading":"What this schedule is about","content":"### sch.1-sec.1 What this schedule is about\n\nThis schedule provides for mandatory conditions concerning the conduct of authorised activities on private land for each of the following resource authorities—\nan exploration permit or mineral development licence under the Mineral Resources Act ;\na resource authority under the P&G Act ;\na resource authority under the 1923 Act , other than a water monitoring authority;\na resource authority under the Geothermal Act ;\na resource authority under the Greenhouse Gas Act .\n- (a) an exploration permit or mineral development licence under the Mineral Resources Act ;\n- (b) a resource authority under the P&G Act ;\n- (c) a resource authority under the 1923 Act , other than a water monitoring authority;\n- (d) a resource authority under the Geothermal Act ;\n- (e) a resource authority under the Greenhouse Gas Act .","sortOrder":97},{"sectionNumber":"sch.1-sec.2","sectionType":"section","heading":"Giving notice","content":"### sch.1-sec.2 Giving notice\n\nA relevant person who is required to notify a landholder under this schedule must give the notice—\norally in person; or\nif oral notice is impractical—by written notice.\nThe landholder has migrated to a place outside Queensland.\n- (a) orally in person; or\n- (b) if oral notice is impractical—by written notice.","sortOrder":98},{"sectionNumber":"sch.1-sec.3","sectionType":"section","heading":"Definitions","content":"### sch.1-sec.3 Definitions\n\nIn this schedule—\nholder means a person who, under a Resource Act, holds a resource authority.\nlandholder means an owner or occupier of private land in the area of, or access land for, a resource authority.\nrelevant person means—\nthe holder of a resource authority; or\na person acting for a holder under a resource authority.\n- (a) the holder of a resource authority; or\n- (b) a person acting for a holder under a resource authority.","sortOrder":99},{"sectionNumber":"sch.1-pt.2","sectionType":"part","heading":"Mandatory conditions","content":"# Mandatory conditions","sortOrder":100},{"sectionNumber":"sch.1-sec.4","sectionType":"section","heading":"Induction training","content":"### sch.1-sec.4 Induction training\n\nA holder must ensure each person acting for the holder, under the holder’s resource authority, receives information and training specific to the obligations of the holder and the person under each of the following for authorised activities that will be carried out by the person on a landholder’s land—\nthe Resource Acts;\nthe land access code;\nan agreement between the holder and the landholder.\nA holder must give each person mentioned in subsection (1) a document to show the person has received the appropriate information and training.\nA holder must, if asked by the landholder, give the landholder a copy of the document.\n(sch.1-sec.4-ssec.1) A holder must ensure each person acting for the holder, under the holder’s resource authority, receives information and training specific to the obligations of the holder and the person under each of the following for authorised activities that will be carried out by the person on a landholder’s land— the Resource Acts; the land access code; an agreement between the holder and the landholder.\n(sch.1-sec.4-ssec.2) A holder must give each person mentioned in subsection (1) a document to show the person has received the appropriate information and training.\n(sch.1-sec.4-ssec.3) A holder must, if asked by the landholder, give the landholder a copy of the document.\n- (a) the Resource Acts;\n- (b) the land access code;\n- (c) an agreement between the holder and the landholder.","sortOrder":101},{"sectionNumber":"sch.1-sec.5","sectionType":"section","heading":"Access points, roads and tracks","content":"### sch.1-sec.5 Access points, roads and tracks\n\nA relevant person must, if practicable, use an existing access point, road or track to enter a landholder’s land.\nIf it is not practicable to comply with subsection (1) , any new access point, road or track, made by the relevant person, must be located at a place and in a way that minimises the impact of the access point, road or track on the landholder’s business or land use activities.\nA relevant person must, for the period the access point, road or track is used by the person, ensure the access point, road or track is kept in good repair.\nFor subsection (3) , the relevant person must have regard to the condition of the access point, road or track when the person started using them.\nA relevant person must operate vehicles on a landholder’s land at speeds that—\nare appropriate for the landholder’s land; and\nminimise noise, dust and disturbance to the land.\nA relevant person may operate a vehicle in wet conditions on a landholder’s land only in a way that minimises damage to access points, roads and tracks on the land.\nIf a relevant person has caused damage to an access point, road or track on a landholder’s land, the relevant person must, as soon as practicable—\nnotify the landholder of the damage; and\nrepair the damage.\n(sch.1-sec.5-ssec.1) A relevant person must, if practicable, use an existing access point, road or track to enter a landholder’s land.\n(sch.1-sec.5-ssec.2) If it is not practicable to comply with subsection (1) , any new access point, road or track, made by the relevant person, must be located at a place and in a way that minimises the impact of the access point, road or track on the landholder’s business or land use activities.\n(sch.1-sec.5-ssec.3) A relevant person must, for the period the access point, road or track is used by the person, ensure the access point, road or track is kept in good repair.\n(sch.1-sec.5-ssec.4) For subsection (3) , the relevant person must have regard to the condition of the access point, road or track when the person started using them.\n(sch.1-sec.5-ssec.5) A relevant person must operate vehicles on a landholder’s land at speeds that— are appropriate for the landholder’s land; and minimise noise, dust and disturbance to the land.\n(sch.1-sec.5-ssec.6) A relevant person may operate a vehicle in wet conditions on a landholder’s land only in a way that minimises damage to access points, roads and tracks on the land.\n(sch.1-sec.5-ssec.7) If a relevant person has caused damage to an access point, road or track on a landholder’s land, the relevant person must, as soon as practicable— notify the landholder of the damage; and repair the damage.\n- (a) are appropriate for the landholder’s land; and\n- (b) minimise noise, dust and disturbance to the land.\n- (a) notify the landholder of the damage; and\n- (b) repair the damage.","sortOrder":102},{"sectionNumber":"sch.1-sec.6","sectionType":"section","heading":"Livestock and property","content":"### sch.1-sec.6 Livestock and property\n\nA relevant person must use a landholder’s land in a way that minimises disturbance to people, livestock and property.\nIf, in carrying out authorised activities, a relevant person becomes aware of any potential adverse impact, caused by the activities, on a landholder’s livestock or property, the relevant person must immediately notify the landholder of the potential impact.\nIf a relevant person injures or kills a landholder’s livestock, the relevant person must immediately notify the landholder of the injury or death of the livestock.\nIf a relevant person damages a landholder’s property, the relevant person must—\nimmediately notify the landholder of the damage; and\nrepair the damage as soon as practicable.\n(sch.1-sec.6-ssec.1) A relevant person must use a landholder’s land in a way that minimises disturbance to people, livestock and property.\n(sch.1-sec.6-ssec.2) If, in carrying out authorised activities, a relevant person becomes aware of any potential adverse impact, caused by the activities, on a landholder’s livestock or property, the relevant person must immediately notify the landholder of the potential impact.\n(sch.1-sec.6-ssec.3) If a relevant person injures or kills a landholder’s livestock, the relevant person must immediately notify the landholder of the injury or death of the livestock.\n(sch.1-sec.6-ssec.4) If a relevant person damages a landholder’s property, the relevant person must— immediately notify the landholder of the damage; and repair the damage as soon as practicable.\n- (a) immediately notify the landholder of the damage; and\n- (b) repair the damage as soon as practicable.","sortOrder":103},{"sectionNumber":"sch.1-sec.7","sectionType":"section","heading":"Obligations to prevent spread of declared pests","content":"### sch.1-sec.7 Obligations to prevent spread of declared pests\n\nA relevant person must take all reasonable steps to ensure that, in carrying out authorised activities, the person does not spread the reproductive material of a declared pest.\nA relevant person must take all reasonable steps to ensure that, in entering or leaving land in the area of a resource authority, the person does not spread the reproductive material of a declared pest.\nSubsections (1) and (2) do not apply to the release of a declared pest authorised under the Biosecurity Act 2014 .\nA holder must ensure each person acting for the holder under a Resource Act washes down vehicles and machinery before entering a landholder’s land in the area of the resource authority, if the risk of spreading a declared pest is likely to be reduced by the washing down.\nThe holder must keep a record (the wash-down record ) of all wash-downs under subsection (4) carried out during the period in which the holder is allowed access to the landholder’s land.\nIf asked by the landholder, the holder must give a copy of the wash-down record to the landholder.\nIn this section—\ndeclared pest means a plant or animal, other than a native species of plant or animal, that is—\ninvasive biosecurity matter under the Biosecurity Act 2014 ; or\nSee the Biosecurity Act 2014 , schedule 1 , part 3 or 4 or schedule 2 , part 2 .\nSee also the notes to the Biosecurity Act 2014 , schedules 1 and 2 .\ncontrolled biosecurity matter or regulated biosecurity matter under the Biosecurity Act 2014 .\nreproductive material , of an animal or plant, means any part of the animal or plant that is capable of asexual or sexual reproduction.\nsemen, egg, or part of an egg\nseed or part of a seed\nbulb, rhizome, stolon, tuber or part of a bulb, rhizome, stolon or tuber\nstem or leaf cutting\nwash down , a vehicle or machinery, means remove reproductive material from the vehicle or machinery using an appropriate cleaning process.\n(sch.1-sec.7-ssec.1) A relevant person must take all reasonable steps to ensure that, in carrying out authorised activities, the person does not spread the reproductive material of a declared pest.\n(sch.1-sec.7-ssec.2) A relevant person must take all reasonable steps to ensure that, in entering or leaving land in the area of a resource authority, the person does not spread the reproductive material of a declared pest.\n(sch.1-sec.7-ssec.3) Subsections (1) and (2) do not apply to the release of a declared pest authorised under the Biosecurity Act 2014 .\n(sch.1-sec.7-ssec.4) A holder must ensure each person acting for the holder under a Resource Act washes down vehicles and machinery before entering a landholder’s land in the area of the resource authority, if the risk of spreading a declared pest is likely to be reduced by the washing down.\n(sch.1-sec.7-ssec.5) The holder must keep a record (the wash-down record ) of all wash-downs under subsection (4) carried out during the period in which the holder is allowed access to the landholder’s land.\n(sch.1-sec.7-ssec.6) If asked by the landholder, the holder must give a copy of the wash-down record to the landholder.\n(sch.1-sec.7-ssec.7) In this section— declared pest means a plant or animal, other than a native species of plant or animal, that is— invasive biosecurity matter under the Biosecurity Act 2014 ; or See the Biosecurity Act 2014 , schedule 1 , part 3 or 4 or schedule 2 , part 2 . See also the notes to the Biosecurity Act 2014 , schedules 1 and 2 . controlled biosecurity matter or regulated biosecurity matter under the Biosecurity Act 2014 . reproductive material , of an animal or plant, means any part of the animal or plant that is capable of asexual or sexual reproduction. semen, egg, or part of an egg seed or part of a seed bulb, rhizome, stolon, tuber or part of a bulb, rhizome, stolon or tuber stem or leaf cutting wash down , a vehicle or machinery, means remove reproductive material from the vehicle or machinery using an appropriate cleaning process.\n- (a) invasive biosecurity matter under the Biosecurity Act 2014 ; or Notes— 1 See the Biosecurity Act 2014 , schedule 1 , part 3 or 4 or schedule 2 , part 2 . 2 See also the notes to the Biosecurity Act 2014 , schedules 1 and 2 .\n- 1 See the Biosecurity Act 2014 , schedule 1 , part 3 or 4 or schedule 2 , part 2 .\n- 2 See also the notes to the Biosecurity Act 2014 , schedules 1 and 2 .\n- (b) controlled biosecurity matter or regulated biosecurity matter under the Biosecurity Act 2014 .\n- 1 See the Biosecurity Act 2014 , schedule 1 , part 3 or 4 or schedule 2 , part 2 .\n- 2 See also the notes to the Biosecurity Act 2014 , schedules 1 and 2 .\n- 1 seed or part of a seed\n- 2 bulb, rhizome, stolon, tuber or part of a bulb, rhizome, stolon or tuber\n- 3 stem or leaf cutting","sortOrder":104},{"sectionNumber":"sch.1-sec.8","sectionType":"section","heading":"Camps","content":"### sch.1-sec.8 Camps\n\nIf a holder intends to set up a camp on a landholder’s land, the holder and the landholder must, before the camp is set up, agree on the location and a plan for managing the camp.\nHowever, if the holder and landholder cannot agree on a location and plan for managing the camp, the holder must ensure the location of the camp is in a place that will minimise any impact on the landholder’s business or land use activities.\n(sch.1-sec.8-ssec.1) If a holder intends to set up a camp on a landholder’s land, the holder and the landholder must, before the camp is set up, agree on the location and a plan for managing the camp.\n(sch.1-sec.8-ssec.2) However, if the holder and landholder cannot agree on a location and plan for managing the camp, the holder must ensure the location of the camp is in a place that will minimise any impact on the landholder’s business or land use activities.","sortOrder":105},{"sectionNumber":"sch.1-sec.9","sectionType":"section","heading":"Items brought onto land","content":"### sch.1-sec.9 Items brought onto land\n\nA relevant person carrying out authorised activities must collect rubbish or waste produced in carrying out the authorised activities and deposit the rubbish or waste in a suitable local waste facility.\nA relevant person must not bring firearms, domestic animals or alcohol onto a landholder’s land without the landholder’s consent.\nIn this section—\nlocal waste facility means a waste facility owned, operated or otherwise controlled by a local government.\n(sch.1-sec.9-ssec.1) A relevant person carrying out authorised activities must collect rubbish or waste produced in carrying out the authorised activities and deposit the rubbish or waste in a suitable local waste facility.\n(sch.1-sec.9-ssec.2) A relevant person must not bring firearms, domestic animals or alcohol onto a landholder’s land without the landholder’s consent.\n(sch.1-sec.9-ssec.3) In this section— local waste facility means a waste facility owned, operated or otherwise controlled by a local government.","sortOrder":106},{"sectionNumber":"sch.1-sec.10","sectionType":"section","heading":"Gates, grids and fences","content":"### sch.1-sec.10 Gates, grids and fences\n\nA relevant person must, after using a gate on a landholder’s land, return the gate to its original position unless advised otherwise by the landholder.\nIf a relevant person damages a grid on a landholder’s land, the person must—\nimmediately notify the landholder of the damage; and\nreplace or repair the grid as soon as practicable.\nA relevant person must—\nobtain the landholder’s consent before erecting a gate on the landholder’s land; and\nensure any gate erected by the person is stock-proof.\nA relevant person must not cut a fence on a landholder’s land without the landholder’s consent.\nIf the landholder allows a fence to be cut by a relevant person to carry out an authorised activity, the person must, immediately after carrying out the activity—\nrepair the fence; or\nerect a stock-proof gate, as required by the landholder, where the fence was cut.\n(sch.1-sec.10-ssec.1) A relevant person must, after using a gate on a landholder’s land, return the gate to its original position unless advised otherwise by the landholder.\n(sch.1-sec.10-ssec.2) If a relevant person damages a grid on a landholder’s land, the person must— immediately notify the landholder of the damage; and replace or repair the grid as soon as practicable.\n(sch.1-sec.10-ssec.3) A relevant person must— obtain the landholder’s consent before erecting a gate on the landholder’s land; and ensure any gate erected by the person is stock-proof.\n(sch.1-sec.10-ssec.4) A relevant person must not cut a fence on a landholder’s land without the landholder’s consent.\n(sch.1-sec.10-ssec.5) If the landholder allows a fence to be cut by a relevant person to carry out an authorised activity, the person must, immediately after carrying out the activity— repair the fence; or erect a stock-proof gate, as required by the landholder, where the fence was cut.\n- (a) immediately notify the landholder of the damage; and\n- (b) replace or repair the grid as soon as practicable.\n- (a) obtain the landholder’s consent before erecting a gate on the landholder’s land; and\n- (b) ensure any gate erected by the person is stock-proof.\n- (a) repair the fence; or\n- (b) erect a stock-proof gate, as required by the landholder, where the fence was cut.","sortOrder":107}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"No. The summary is confined to sections 4–13 of the Regulation and reflects their content: the classification of dealings, transmission/notification requirements on death/bankruptcy/insolvency/sale by mortgagee, and the Minister’s criteria for approving assessable transfers (including capability, environmental funding and public interest). It does not extend to land access, compensation or other topics not present in these sections."},"complexity_factors":["Multiple categories of dealings (prescribed, notifiable, prohibited) with different legal effects and exclusions (secs 4, 4A, 5).","Extensive cross‑references to other Resource Acts and statutory definitions (Mineral Resources Act, P&G Act, Geothermal Act, Greenhouse Gas Act, 1923 Act) that import external eligibility and capability criteria (secs 4, 5, 10).","Detailed notice and timing rules for transmission events (death, bankruptcy, sale by mortgagee, administration/receivership), allocating notification duties to executors, trustees, mortgagees and administrators (secs 6–9).","Ministerial discretion subject to multi‑factor criteria for assessable transfers — human, technical and financial capability; environmental/rehabilitation funding (ERC decisions); eligibility and registered suitable operator status; and public interest (sec 10).","Procedural interactions between indicative approvals, automatic deeming rules and full approvals (sec 10(6); sec 12; sec 13) that affect timing and risk of refusals.","Multiple conditional prohibitions and exceptions for specific tenures and instruments (e.g. pipelines, data authorities, prospecting permits) creating transactional complexity (sec 5)."],"plain_english_summary":"Sections 4–13 set out which commercial transactions with resource authorities are prescribed, notifiable or prohibited; require specific notices when a holder dies, is bankrupt or placed in administration, or when a mortgagee sells; and prescribe the Minister’s criteria for approving assessable transfers, including transferee capability, environmental/rehabilitation funding and public interest. These provisions affect holders, prospective transferees, mortgagees and insolvency officers by defining formal approval and notification steps and the eligibility checks the Minister must apply (secs 4–13)."},"issue_detection":{"absurdities":[{"type":"other","section":"sec.4(2)","severity":"low","reasoning":"The declaratory closure in s.4(2) ('any transaction or commercial agreement not mentioned in subsection (1) is not a prescribed dealing') is an unusually absolute exclusion that could create unintended consequences if the parent Act's s.17(1) is amended to add new prescribed dealings by regulation without amending s.4(2). It also conflates 'transactions or commercial agreements' with all possible dealings, potentially excluding dealings that arise by operation of law.","confidence":0.55,"description":"The 'removal of doubt' declaration is potentially self-defeating. Section 4(2) declares that anything not listed in s.4(1) is 'not a prescribed dealing', but s.4(1)(d) includes 'an assessable transfer' without defining it within this section. If 'assessable transfer' is defined elsewhere and that definition is later amended or repealed, the closed list in s.4(2) could inadvertently exclude or include dealings in ways not intended, creating a rigid exclusionary declaration that could conflict with the parent Act's scope."},{"type":"impossible_compliance","section":"sec.6(3) and sec.6(4)","severity":"medium","reasoning":"Section 6(2) requires 'the executor, administrator or public trustee administering the holder's estate' to give notice. Under s.6(4), where no probate or letters of administration have been obtained (because the estate is too small to justify it), that same executor or administrator is still required to give notice. However, without a grant of probate or letters of administration, an executor typically has no formal legal authority to act on behalf of the estate in dealings with government registers. This creates a practical impossibility: the person required to give notice may lack legal standing to do so.","confidence":0.72,"description":"Impossible compliance: the executor/administrator must give notice 'after' probate or letters of administration are granted (s.6(3)), but the exception in s.6(4) applies where the estate value is insufficient to justify applying for probate — in which case the notice must be given 'at least 6 months after the holder died.' The exception creates a scenario where notice must be given at minimum 6 months after death, but by definition no grant of probate or letters of administration has been made. The executor or administrator referenced in s.6(2) would have no legal standing to act without probate or letters of administration, yet s.6(4) requires them to give notice anyway."},{"type":"circular_definition","section":"sec.10(2) and sec.10(3)","severity":"medium","reasoning":"The interplay between subsections (2), (3), (4), and (6) creates a logical loop: s.10(3) exempts s.10(2) consideration when s.10(6) applies, but s.10(6) itself depends on s.10(4) not preventing approval. Since s.10(4) sets mandatory eligibility requirements (eligible person, registered suitable operator, Water Act authorisation), these must be satisfied for s.10(6) to operate, but the pathway for assessing them is removed by s.10(3).","confidence":0.65,"description":"Logical short-circuit: s.10(3) states that s.10(2) 'does not apply' if the approval is taken to have been given under s.10(6). However, s.10(6) requires that 'subsection (4) and section 23 of the Act do not prevent the giving of the approval' as a condition for the deemed approval. This means the Minister must still assess s.10(4) criteria before the deemed approval operates, yet s.10(3) exempts the Minister from the s.10(2) consideration process. The result is that the deemed approval in s.10(6) can only operate if s.10(4) is satisfied, but s.10(3) removes the mechanism (s.10(2)) by which the Minister would ordinarily assess s.10(4)-related matters."},{"type":"impossible_compliance","section":"sec.23(2)(b)","severity":"low","reasoning":"Section 23(2)(b) requires the report within 6 months (exploration) or 1 year (production) 'after the waiver of entry notice was given.' Under s.18(2)(b), a production-related entry may last up to 1 year. If the waiver notice is given at the start of entry, the report may be due exactly when the maximum entry period ends — leaving no time to compile an accurate report of activities that may not have concluded.","confidence":0.6,"description":"The reporting period for waiver of entry notice (s.23(2)(b)) is measured from when the waiver notice was given, not from when entry actually occurred or ended. This means the reporting clock starts running regardless of whether any entry took place, potentially requiring a report about activities before those activities have concluded or even commenced, particularly for production-related authorities with a 1-year waiver period where activities may span the full period."},{"type":"other","section":"sec.26(1)(b)","severity":"medium","reasoning":"The text as rendered shows 'minerals processed in a refinery to become another substance' detached from the 'transporting minerals' provision, suggesting it could be read as an independent notifiable road use category rather than an example. If a substance has been processed and is no longer a 'mineral', the threshold question of whether it triggers notifiable road use obligations becomes unclear.","confidence":0.68,"description":"Drafting gap/ambiguity: in s.26(1)(b)(i), the parenthetical example 'minerals processed in a refinery to become another substance' appears to be formatted as a standalone item rather than as an example of 'transporting minerals'. The legislative text as presented suggests 'minerals processed in a refinery to become another substance' is a separate sub-item following (i), rather than an example. This creates ambiguity about whether pipeline-transported refined substances (no longer 'minerals') fall within the notifiable road use provisions."},{"type":"other","section":"sec.30(2)(e)","severity":"low","reasoning":"Requiring a private contract to recite a statutory obligation adds no legal effect (the obligation exists regardless) but creates a formal invalidity risk for agreements that omit the recital. This is a form of legislative over-prescription that could invalidate otherwise substantively compliant agreements.","confidence":0.7,"description":"Self-referential mandatory statement: s.30(2)(e) requires the conduct and compensation agreement to 'state that under section 92 of the Act the resource authority holder is required to give notice of the agreement to the registrar.' This requires parties to a private agreement to include a statutory recital of a legal obligation that exists independently of the agreement. If the parties fail to include this statement, the agreement may be non-compliant even though the underlying obligation to notify still exists by operation of law. This creates an absurd compliance burden where an agreement is deficient not for failing to create obligations, but for failing to describe pre-existing statutory obligations."},{"type":"impossible_compliance","section":"sec.30B(4) and sec.35A(4)","severity":"medium","reasoning":"The condition 'no disadvantage to the other party' sets an impossibly high standard for granting lawyer representation. If one party has a lawyer and the other does not, there will almost always be at least some disadvantage to the unrepresented party. This effectively makes the lawyer-representation provision a dead letter, or alternatively forces the authorised officer into an untenable assessment.","confidence":0.75,"description":"The prohibition on legal representation at conferences unless 'the authorised officer is satisfied there is no disadvantage to the other party' is practically unworkable. Where a sophisticated corporate resource authority holder wishes to be represented by a lawyer, the authorised officer must assess whether the unrepresented landowner/claimant suffers no disadvantage — a determination that is inherently subjective and almost impossible to make with confidence, since legal representation by one party almost axiomatically creates an imbalance."}],"contradictions":[{"severity":"medium","section_a":"sec.4(1)(b)","section_b":"sec.5(b)(vi) and sec.5(c)(ii)","confidence":0.58,"description":"Section 4(1)(b) prescribes a 'release, transfer or surrender of a mortgage' as a prescribed dealing. Section 5(b)(vi) prohibits a 'transfer of a pipeline authorised under the P&G Act, section 33 or 110' and s.5(c)(ii) prohibits a 'transfer of a pipeline authorised under the Greenhouse Gas Act, section 31 or 111.' A pipeline may be subject to a mortgage. If a mortgagee exercises a power of sale over a mortgaged pipeline authority and executes a transfer, this could simultaneously be a prescribed dealing (the transfer of a mortgage) under s.4(1)(b) and a prohibited dealing under s.5(b)(vi) or s.5(c)(ii), with no clear resolution of which provision prevails."},{"severity":"low","section_a":"sec.6(2)","section_b":"sec.7(1)","confidence":0.52,"description":"Sections 6 and 7 both address situations where a 'notifiable dealing with a resource authority is required to be executed' — s.6 covers death of the holder, s.7 covers mortgagee exercise of power of sale. However, if a holder dies while a mortgagee is simultaneously exercising a power of sale over the resource authority, both sections may apply simultaneously. There is no hierarchy or exclusion to resolve which party (executor/administrator vs. mortgagee) must give notice, potentially resulting in competing or duplicative notices to the chief executive."},{"severity":"low","section_a":"sec.15(2)(d)","section_b":"sec.4(1)(d)","confidence":0.55,"description":"Section 15(2)(d) refers to 'an application under section 19(1) of the Act for registration of a prescribed dealing mentioned in section 4(1)(a), (b) or (c)' — explicitly excluding s.4(1)(d) (assessable transfer). Section 15(2)(c) separately covers assessable transfers. However, s.15(3)(b) maps subsections (2)(c) and (2)(d) to the same outcome ('the prescribed dealing'). The exclusion of s.4(1)(d) from s.15(2)(d) appears deliberate but creates a gap: a caveat lodged after an application for a non-assessable prescribed dealing under s.4(1)(d) that is not an assessable transfer would not fall into any of the s.15(2) categories, meaning the caveat would prevent registration. It is unclear whether s.4(1)(d) dealings that are not assessable transfers exist, creating interpretive uncertainty."},{"severity":"low","section_a":"sec.18(2)(c)","section_b":"sec.24(4)(c)","confidence":0.45,"description":"Section 18(2)(c) (maximum period for entry to private land) and s.24(4)(c) (maximum entry period for public land) both allow extension by written agreement, but s.18 requires agreement between 'the owner or occupier of the land and the resource authority holder', while s.24 requires agreement between 'the public land authority and the resource authority holder.' Where land is simultaneously private land and managed by a public land authority (e.g., leasehold land subject to a public land management plan), it is unclear which consent mechanism applies and whether both must be satisfied."},{"severity":"high","section_a":"sec.10(4)(b)","section_b":"sec.10(6)","confidence":0.72,"description":"Section 10(4)(b) makes 'registered suitable operator' status under the Environmental Protection Act a mandatory precondition for approval (except for small scale mining tenure). Section 10(6) deems the approval to have been given if an indicative approval was granted and s.10(4) does not prevent the giving of approval. However, indicative approval is assessed under s.12 which only requires consideration of s.10(2)(b)-(h) matters, not s.10(4) conditions. This means indicative approval could be granted without verifying 'registered suitable operator' status, yet that indicative approval then triggers the s.10(6) deemed approval — potentially bypassing the mandatory registered suitable operator requirement in s.10(4)(b)."}]},"kimi_summary":{"_metrics":{"completionTokens":1050},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The regulation has expanded significantly from its original 2016 scope. The 2025 amendments (SL No. 48) added an entirely new rent deferral scheme for hardship (sections 60A–60P), which goes well beyond the original focus on dealings and land access. This represents a shift from purely regulatory/procedural matters to economic relief measures. Earlier amendments in 2019–2020 also substantially expanded the compensation and dispute resolution frameworks."},"complexity_factors":["Extensive cross-referencing to multiple underlying Resource Acts (Mineral Resources Act, Petroleum and Gas Act, 1923 Act, Geothermal Act, Greenhouse Gas Act)","Nested conditional logic throughout — many rules apply only if specific circumstances exist (e.g., 'if the resource authority is a lease', 'if the agreement is for only part of the compensation liability')","Multiple defined terms with layered meanings (e.g., 'relevant environmental authority', 'declared pest', 'reproductive material', 'P50 petroleum reserves')","Duplicated and overlapping provisions — same content appears in multiple formats (section text, extracted subsections, bullet lists)","Temporal and procedural complexity — numerous time limits (20 business days, 6 months, 1 year, 5 years) that interact with each other","Exception-heavy structure — almost every rule has exceptions (e.g., prohibited dealings lists, then lists exceptions to those prohibitions)","Technical specialisation — requires knowledge of mining tenement types, petroleum reserves classification, biosecurity classifications, and survey datums (GDA94)","2025 amendments adding new Part 1 to Chapter 6 with complex triggering conditions for rent deferral cessation"],"plain_english_summary":"This Queensland regulation sets out detailed rules for how mining and energy companies can deal with their resource authorities (licences, leases and permits) and access land for their activities.\n\n**What it covers:**\n\n**Dealings with resource authorities (Sections 4–13)**\n- Defines which transactions need Ministerial approval (**prescribed dealings**) — including mortgages, subleases, and \"assessable transfers\" (sales that need scrutiny)\n- Lists **notifiable dealings** that must be reported to the government but don't need approval — like name changes and non-assessable transfers\n- Bans certain **prohibited dealings** — for example, you can't transfer some types of permits or pipeline licences without also transferring the actual pipeline\n- Sets out what happens when a resource authority holder dies, goes bankrupt, or enters administration — the executor, trustee or liquidator must notify the chief executive\n- Establishes criteria the Minister must apply when deciding whether to approve transfers, including: whether the buyer has enough money and expertise, public interest, and whether the seller complied with their licence conditions\n\n**Land access rules (Sections 16–35)**\n- Creates a **Land Access Code** that imposes mandatory conditions on how companies behave on private land\n- Requires **entry notices** before accessing private land, with specific information about timing, activities and contact details\n- Sets maximum entry periods: 6 months for exploration, 1 year for production activities (or longer if agreed)\n- Allows landowners to **waive** entry notice requirements or enter **deferral agreements** to postpone compensation negotiations\n- Requires **reports to landowners** after activities finish, within 3–12 months depending on circumstances\n- Covers **public land access** and **road use** — companies must notify authorities if they'll use public roads heavily (over 10,000–50,000 tonnes/year depending on road type)\n- Sets rules for **compensation agreements** and **negotiation conferences**, including that lawyers can only attend with agreement\n\n**Coal and gas coordination (Sections 37–55)**\n- Detailed rules for when coal mining and coal seam gas operations overlap\n- Requires **joint development plans** and sets thresholds for petroleum production\n- Establishes how to calculate **compensation** when one operation interferes with another — including lost production, infrastructure replacement costs, and reconciliation payments\n- Allows **arbitration** of disputes, with specific institutes appointed and criteria for arbitrators\n\n**Rent deferral for hardship (Sections 60A–60P)**\n- New 2025 provisions allowing the Minister to **defer rent payments** for up to a year (extendable) if resource authority holders suffer hardship due to exceptional circumstances like natural disasters or pandemics\n- Deferral ends if the holder applies to renew, transfer, or surrender the authority\n\n**Mandatory land access conditions (Schedule 1)**\n- Requires **induction training** for all workers\n- Rules for using existing roads, minimising damage, and repairing any harm caused\n- Obligations to prevent spread of **declared pests** (weeds and feral animals) — including vehicle wash-downs\n- Requirements for camps, waste disposal, and respecting gates and fences\n- Immediate notification and repair requirements for any damage to livestock or property"},"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The regulation has expanded significantly beyond its original 2016 scope through multiple amendments. The 2019 amendments added conference election notice procedures (s.30A), conduct of conference rules (s.30B), negotiation notice requirements, and prescribed ADR institutes. The 2020 amendments introduced the entire notifiable dealings regime (s.4A), death/bankruptcy/administration notification rules (ss.6-9), and a new conference about concerns mechanism (s.35A). The 2023 amendment updated the incorporated Land Access Code. The 2025 amendment made further changes to prescribed dealings. What began as a regulation setting common procedural rules for resource authority dealings has grown to encompass a comprehensive dispute resolution framework, an expanded land access regime with multiple agreement types, and detailed coal/CSG coordination mechanisms."},"complexity_factors":["Covers five separate pieces of legislation simultaneously (Mineral Resources Act, Petroleum and Gas Act, 1923 Act, Geothermal Act, and Greenhouse Gas Act), requiring the reader to cross-reference multiple statutes","Creates a multi-tiered classification system for transactions (prescribed dealings, notifiable dealings, prohibited dealings) each with different procedural requirements","Extensive cross-referencing to parent Act sections and other regulations throughout, meaning no provision is self-contained","Multiple overlapping approval pathways (prescribed dealing approval, indicative approval, notifiable dealing registration) with different criteria and timeframes","Deals with complex financial and insolvency scenarios (death, bankruptcy, administration, receivership, liquidation, mortgagee sale) each with distinct notification rules","Land access provisions involve a multi-stage process (entry notice, waiver, deferral agreement, opt-out agreement, conduct and compensation agreement, conference, Land Court) requiring careful sequencing","Technical definitions embedded in substantive provisions (e.g., P50 petroleum reserves, haulage threshold rates, ERC decisions, eligible person) that require specialist knowledge to apply","Coal and coal seam gas right-of-way provisions involve complex commercial calculations including lost production forecasts and avoided cost accounting","Has been amended multiple times (2019, 2020, 2023, 2025) creating a patchwork of inserted, relocated, renumbered, and omitted provisions","Incorporates external documents by reference (Land Access Code dated June 2023, SPE Petroleum Resources Management System 2007) that form legally binding parts of the regulation"],"plain_english_summary":"This regulation sets the rules for how mining, petroleum, geothermal and greenhouse‑gas resource authorities can be dealt with (sold, mortgaged, transferred) and how resource companies may access private and public land. It requires government approval or notification for many transactions, protects landowners with notice, negotiation and compensation rights, and imposes obligations on operators, lenders, administrators and road authorities — affecting companies, farmers, banks and local governments."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/mineral-and-energy-resources-common-provisions-regulation-2016","history":"/api/acts/mineral-and-energy-resources-common-provisions-regulation-2016/history","analysis":"/api/acts/mineral-and-energy-resources-common-provisions-regulation-2016/analysis","conflicts":"/api/acts/mineral-and-energy-resources-common-provisions-regulation-2016/conflicts","importantCases":"/api/acts/mineral-and-energy-resources-common-provisions-regulation-2016/important-cases","documents":"/api/acts/mineral-and-energy-resources-common-provisions-regulation-2016/documents"}}