South Australia act

Energy Resources Act 2000

In ForceSA

Jurisdiction

South Australia

Collection

act

Plain English Summary

8/10 complexity

Mechanically, the Act creates a licensing and regulatory system for exploration, recovery, production, transmission, storage and management of energy resources in South Australia, setting licence classes, fees, royalties, land‑access rules, environmental assessment requirements and enforcement powers. Its stated objects are to enable competitive energy activity, protect State interests, ensure safety and ecological sustainability, require land rehabilitation and establish consultation processes. It affects companies and joint ventures seeking licences, landowners whose land may be entered, licensees, and regulators—because it allocates costs, rights and compliance duties.

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What it does

Mechanically, the Energy Resources Act 2000 (SA) creates a comprehensive licensing and regulatory framework for exploration, production, transmission, storage and management of certain energy resources in South Australia (see s 3 for objects; Pt 3 for licensing scheme). The Act vests property in regulated resources in the Crown (s 5(1)) while providing a pathway for private persons and bodies corporate to obtain rights to explore, retain, produce, store and transport regulated substances and resources through a set of discrete licence classes (s 13) including exploration, retention, production, pipeline, associated activities, preliminary and speculative survey licences, and special facilities licences (ss 13, 14, 17, 21, 28, 34, 46, 56, 59B). A person must not engage in a regulated activity unless authorised by a licence under the Act (s 11).

The Act imposes mandatory environmental and management prerequisites prior to carrying out regulated activities: a statement of environmental objectives must be in force for relevant activities (s 96) and licence holders must comply with approved statements of environmental objectives (s 105). Environmental impact reports and assessment criteria are mandated (ss 96A, 97). The Minister has powers to give environmental and rehabilitation directions where activities cause or risk undue environmental damage or breach approved objectives (ss 108-109). The Act also sets reporting, record-keeping and incident notification obligations on licensees (ss 84-86, 85).

Economic and fiscal mechanisms are provided: royalties are payable on produced regulated resources and geothermal energy at prescribed percentages (s 43), regular returns and payments are required (s 43(4)-(5)), and rental applies for use of a natural reservoir for storage (Pt 7A, ss 45A-45D). Annual licence fees are charged (s 78), and the Minister may require security for obligations (s 66(2)). A charge in favour of the Crown may be created on personal property to secure debts under the Act (s 132). The Act creates public and commercial registers (Pt 13, ss 115-118) and a public environmental register (Pt 12 Div 5, ss 106-107).

Current sections

Direct links to the current provisions in Energy Resources Act 2000.

Part 1

Preliminary

Part 1—Preliminary

Div 1

Formal

Division 1—Formal 1—Short title This Act may be cited as the Energy Resources Act 2000.

Div 2

Objects of Act

Division 2—Objects of Act 3—Objects The objects of this Act are— (a) to establish an effective, efficient and flexible regulatory scheme to enable the exploration for, and the recovery, production, transmission, storage and management of, energy resources that encourages and maintains an appropriate level of competition; and (b) to ensure that energy rights and resources are managed for the benefit of the State; and (c) to ensure that the exploration for, and the recovery, production, transmission, storage and management of, energy resources is carried out safely and is ecologically sustainable; and (d) to ensure that regulated activities that may have adverse effects on the environment— (i) are properly managed to reduce environmental damage; and (ii) are carried out in a way that eliminates or limits the risk of significant long term environmental damage; and (e) to ensure as far as reasonably practicable, security of supply for users of natural gas; and (f) to ensure that land adversely affected by regulated activities is properly rehabilitated; and (g) to establish appropriate consultative processes with people directly affected by regulated activities including Aboriginal people and the public generally; and (h) to protect the public from risks inherent in regulated activities.

Div 3

Interpretation

Division 3—Interpretation 4—Interpretation (1) In this Act, unless the contrary intention appears— Adelaide Dolphin Sanctuary has the same meaning as in the Adelaide Dolphin Sanctuary Act 2005; administrative penalty—see section 136; approved form means a form approved by the Minister; associated facilities—see section 56(2); authorised activity means a regulated activity authorised by a licence; authorised officer means a person appointed as an authorised officer under section 8; competitive tender region means a part of the State designated as a competitive tender region under section 16; department means the department of the Public Service assigned to assist the Minister in the administration of this Act; discretionary condition of a licence means a condition that is imposed at the discretion of the Minister under this Act; easement includes the statutory easement under the Natural Gas Authority Act 1967; energy resource means— (a) a regulated substance; or (b) a regulated resource; or (c) a resource reasonably necessary for, or incidental to, undertaking a regulated activity; environment includes— (a) land, air, water (including both surface and underground water and sea water), organisms, ecosystems, flora and fauna; and (b) buildings, structures and other forms of infrastructure and cultural artefacts; and (c) existing and potential land use; and (d) public health, safety or amenity; and (e) the heritage, aesthetic or cultural values of an area; and (f) the economic or social impact on an area; ERD Court means the Environment, Resources and Development Court; facility means any of the following that are reasonably necessary for, or incidental to, undertaking a regulated activity: (a) a pipeline or flowline; (b) a road or access track; (c) a borrow pit for construction purposes; (d) any equipment to be used in undertaking a regulated activity (including production testing equipment); (e) a water disposal pond; (f) a well; (g) an airstrip; (h) a power line; (i) telecommunications infrastructure, other than mobile telecommunications equipment; (j) permanent fencing; (k) drilling and well intervention equipment; (l) a camp; (m) any other thing brought within the ambit of this definition by the regulations, but does not include any thing excluded from the ambit of this definition by the regulations; former licensee includes a person who held a licence under the repealed Act; geothermal energy means thermal energy contained in subsurface rock or other subterranean substances; GST means the tax payable under the GST law; GST component means a component attributable to a liability to GST; GST law means— (a) A New Tax System (Goods and Services Tax) Act 1999 (Cwth); and (b) the related legislation of the Commonwealth dealing with the imposition of a tax on the supply of goods and services; joint venture includes a partnership; land includes an estate or interest in land or right in respect of land; leading performance criteria means criteria used to give an early warning that a control or other strategy necessary for compliance with a statement of environmental objectives— (a) is absent; or (b) may fail or be failing; licence means— (a) a speculative survey licence; or (b) an exploration licence (in any of its 4 categories—see section 21); or (c) a retention licence (in any of its 4 categories—see section 28); or (d) a production licence (in any of its 4 categories—see section 34); or (e) a preliminary survey licence; or (f) a pipeline licence; or (g) an associated activities licence; or (h) a special facilities licence; mandatory condition of a licence means a condition that must be imposed under a provision of this Act; marine park has the same meaning as in the Marine Parks Act 2007; Murray-Darling Basin has the same meaning as in the Murray-Darling Basin Act 1993; natural gas means petroleum that is, or would be, gaseous, at Standard Temperature and Pressure; natural reservoir means a part of a geological structure (including one that has been artificially modified)— (a) in which a regulated substance has accumulated; or (b) which is suitable for the storage of a regulated substance; owner of land means each of the following (insofar as may be relevant in the circumstances of the particular case): (a) a person who holds an estate in fee simple in the land; (b) a person who holds a lease or licence over the land issued by the Crown; (c) a person who is in possession of the land under a lease registered in the Lands Titles Registration Office or deposited in the General Registry Office and noted against the land; (d) a person who has, by statute, the care, control or management of the land; (e) a person who holds a tenement over or in relation to the land (including in relation to a stratum of the land), other than a speculative survey licence or a preliminary survey licence; (ea) a person who holds a licence under the Hydrogen and Renewable Energy Act 2023; (f) without limiting a preceding paragraph, a person in actual possession of the land under a right of exclusive possession; (g) a person who— (i) holds native title in the land; or (ii) is the registered representative of claimants to native title within the meaning of the Native Title (South Australia) Act 1994, (with these subparagraphs being in the alternative); (h) a person of a class brought within the ambit of this definition by the regulations; petroleum means a naturally occurring substance consisting of a hydrocarbon or mixture of hydrocarbons in gaseous, liquid or solid state but does not include coal or shale unless occurring in circumstances in which the use of techniques for coal seam methane production or in situ gasification would be appropriate or unless constituting a product of coal gasification (whether produced below or above the ground) for the purposes of the production of synthetic petroleum; pipeline means a pipe or system of pipes for conveying a regulated substance from place to place and includes— (a) tanks, machinery and equipment necessary for, or associated with, its operation; and (b) a part of a pipeline; pipeline land means an interest in land (including an easement) acquired for the construction, maintenance or operation of a transmission pipeline; private land means land alienated from the Crown by the grant of an estate in fee simple or a possessory interest conferring a right to exclusive possession of the land; producing a regulated resource means— (a) in the case of geothermal energy—releasing geothermal energy for an industrial or commercial purpose; and (b) in the case of a natural reservoir—using the natural reservoir for the storage of a regulated substance; producing a regulated substance means recovering or releasing a regulated substance from a natural reservoir in which it has been contained in the course, or as a result, of operations carried out by a person (and production is taken to occur when it reaches ground level); prospectivity of an area means its potential for the discovery of regulated resources; public land means any land that is not private land; record includes the following: (a) a document; (b) geological samples; (c) samples of water or a regulated substance; regulated activity—see section 10; regulated resource means— (a) a naturally occurring underground accumulation of a regulated substance; or (b) a source of geothermal energy; or (c) a natural reservoir; or (d) any other thing brought within the ambit of this definition by the regulations; regulated substance means— (a) petroleum; or (b) hydrogen sulphide; or (ba) hydrogen, including a hydrogen compound or other substance that is a by‑product of the creation of hydrogen; or (c) nitrogen; or (d) helium; or (e) carbon dioxide; or (ea) any other substance that naturally occurs in association with petroleum; or (f) any substance declared by regulation to be a substance to which this Act applies; relevant Act means— (a) in relation to the Adelaide Dolphin Sanctuary—the Adelaide Dolphin Sanctuary Act 2005; or (b) in relation to a marine park—the Marine Parks Act 2007; or (c) in relation to a River Murray Protection Area or the Murray‑Darling Basin—the River Murray Act 2003; relevant court means— (a) where the amount or value of the claim to which the proceedings relate is $150 000 or less—the Warden's Court; or (b) in any other case—the Supreme Court; relevant Minister means— (a) in relation to the Adelaide Dolphin Sanctuary—the Minister to whom the administration of the Adelaide Dolphin Sanctuary Act 2005 is committed; or (b) in relation to a marine park—the Minister to whom the administration of the Marine Parks Act 2007 is committed; or (c) in relation to a River Murray Protection Area or the Murray‑Darling Basin—the Minister to whom the administration of the River Murray Act 2003 is committed; repealed Act means the Petroleum Act 1940; River Murray Protection Area means a River Murray Protection Area under the River Murray Act 2003; specially protected area means— (a) the Adelaide Dolphin Sanctuary; or (b) a marine park; or (c) a River Murray Protection Area; tenement means a lease, licence or other right relating to exploration for, or the production, recovery, management, conveyance, processing or delivery of, minerals or regulated resources (as the case requires) under any of the following: (a) this Act; (b) the Mining Act 1971 or the Opal Mining Act 1995; (c) the Cooper Basin (Ratification) Act 1975, the Roxby Downs (Indenture Ratification) Act 1982 or the Stony Point (Liquids Project) Ratification Act 1981; (d) any other Act brought within the ambit of this definition by the regulations; transmission pipeline means a pipeline for conveying a regulated substance from place to place, but does not include— (a) a pipeline located within the site of an industrial plant; or (b) a pipeline that forms part of a gas distribution system within a city, town or other centre of population or industry; or (c) if a pipeline extends beyond State boundaries—the parts of the pipeline located outside the State; or (d) a pipeline of a kind excluded from the ambit of this definition by the regulations. (2) A reference in this Act to a regulated substance extends to a mixture of substances of which the regulated substance is a constituent part. (3) For the purposes of this Act, the storage of a regulated substance may include circumstances where it is intended that the regulated substance be held indefinitely in a natural reservoir.

Div 4

Rights of the Crown

Division 4—Rights of the Crown 5—Rights of the Crown (1) The property in regulated resources is vested (or continues to be vested) in the Crown. (2) On the production of a regulated substance by a person lawfully entitled to produce the regulated substance, it becomes the property of the person who produced it. (3) The property in a regulated substance placed in a natural reservoir for storage purposes (after being produced or acquired in some other way) is not affected by that placing or storage.

Part 2

Administration

Part 2—Administration Division 1—The Minister 6—Administration The Minister has the general administration of this Act. 6A—Interaction with other legislation The Minister must, in acting in the administration of this Act, take into account the following insofar as they may be relevant: (a) the objects and objectives of the Adelaide Dolphin Sanctuary Act 2005; (b) the objects of the Marine Parks Act 2007; (c) the objects of the Landscape South Australia Act 2019; (d) the objects of the River Murray Act 2003 and the Objectives for a Healthy River Murray under that Act. 7—Delegation (1) The Minister may— (a) delegate any of the Minister's powers or functions under this Act to a specified person, or a person holding or acting in a specified office or position; or (b) vary or revoke a delegation under this section. (1a) The Treasurer may— (a) delegate any of the Treasurer's powers or functions under this Act to a specified person, or a person holding or acting in a specified office or position; or (b) vary or revoke a delegation under this section. (2) If the terms of an instrument of delegation allow for subdelegation, the delegate may subdelegate the power or function in accordance with the instrument. (3) A delegation or subdelegation does not prevent the exercise of a delegated power or function by the delegator. (4) Notice of a delegation or subdelegation, or the variation or revocation of a delegation or subdelegation, under this section is to be published in the Gazette. Division 2—Authorised officers 8—Authorised officers (1) The Minister may, by instrument in writing, appoint a person to be an authorised officer under this Act. (2) An appointment under this section may be subject to conditions set out in the instrument of appointment. (3) Without limiting this section, a person appointed as an inspector under the Work Health and Safety Act 2012 will be taken to have been appointed as an authorised officer under this section. 9—Identity cards (1) Subject to subsection (3), the Minister must issue to each authorised officer an identity card— (a) stating the name of the authorised officer; and (b) containing a photograph of the authorised officer; and (c) stating that the person whose name and photograph appear on the card is an authorised officer for this Act. (2) If an authorised officer proposes to exercise powers under this Act against a person, the authorised officer must, if practicable, produce the identity card for inspection. (3) If an authorised officer is an inspector under the Work Health and Safety Act 2012— (a) the Minister is not required to issue an identity card to the inspector; and (b) for the purposes of subsection (2), a reference to an identity card will be taken to include an identity card issued to the inspector under section 157 of that Act. Division 3—Authorised investigation or survey 9A—Authorised investigation or survey (1) Subject to this section, an authorised person may, for the purpose of making any geological, geophysical or geochemical investigation or survey— (a) enter and remain on any land with such assistants, vehicles and equipment as may be necessary or expedient for the purposes of the investigation or survey; and (b) conduct such an investigation or survey on the land; and (c) take, and remove from the land, any geological specimens or samples. (2) An authorised person must not undertake an investigation or survey under this section unless the authorised person has, at least 14 days before entering the land, given written notice, in a manner and form determined by the Minister, to the owner of land and any licensee in respect of an area of land in which the investigation or survey will be undertaken— (a) describing the area of land in which the investigation or survey will be undertaken; and (b) setting a completion date in respect of the investigation or survey. (3) An authorised person— (a) must not recover from any land more material than is reasonably necessary for the purpose of making the relevant investigation or survey; and (b) must not unnecessarily impede or obstruct the lawful use or enjoyment of any land by an owner of the land; and (c) if the authorised person is not the Minister—must provide the Minister with the results of the investigation or survey conducted by the person in a manner, and within a period, specified by the Minister in the notice of authorisation. (4) The Minister must, at least 14 days before an authorised person undertakes an investigation or survey under this section, by notice in the Gazette— (a) describe the area of land in which the investigation or survey will be undertaken; and (b) set a completion date in respect of the investigation or survey. (5) The Minister may vary the completion date set under subsection (4)(b) by further notice in the Gazette, and must notify the owner of land and any licensee in respect of the area of land in which the investigation or survey is being undertaken of the varied completion date. (6) The Minister may refuse to receive and consider an application for a licence under this Act in respect of the land described in a notice under subsection (4) until the completion date set by the Minister. (7) The Minister may publish, in a manner the Minister thinks fit, the results of an investigation or survey made under this section. (8) A person must not, without reasonable excuse, hinder or obstruct a person exercising a power under this section. Maximum penalty: $20 000 or imprisonment for 6 months. (9) In this section— authorised person means a person authorised by the Minister by notice in the Gazette to undertake an investigation or survey under subsection (1).

Part 3

Licensing regulated activities

Part 3—Licensing regulated activities Division 1—Requirement for licence 10—Regulated activities (1) Subject to subsection (2), the following are regulated activities: (a) exploring for a regulated resource; (b) operations to establish the nature and extent of a discovery of a regulated resource, and to establish the commercial feasibility of production and the appropriate production techniques; (c) producing or processing a regulated substance; (d) utilising a natural reservoir to store a regulated substance (including in a case where a trace element naturally occurs with the regulated substance); (e) producing geothermal energy; (f) producing or generating energy from a source of geothermal energy; (g) constructing, operating, maintaining, modifying or decommissioning a transmission pipeline; (h) activities for the rehabilitation of land on account of the impact of activities under a preceding paragraph; (i) any other activity brought within the ambit of this definition by the regulations; (2) The following are not regulated activities: (a) an authorised investigation or survey under section 9A; (b) exploratory operations conducted at a height of 500m or more above the surface of the ground; (c) producing hydrogen— (i) by means of natural gas reformation; or (ii) by means of electrolysis of water; (d) processing petroleum into a refined petroleum product such as motor fuel, diesel or lubricating oils; (e) processing a regulated substance into urea, ammonia or a synthetic polymer. (3) A reference to a regulated activity includes all operations and activities reasonably necessary for, or incidental to, that activity such as (for example)— (a) physical and geophysical surveys of land (other than as authorised under section 9A); (c) the injection of water or some other substance into a natural reservoir in order to enhance production of a regulated substance; (d) forcing water or some other substance through a source of geothermal energy in order to absorb thermal energy and enable its recovery or utilisation at the surface; (e) the processing of substances recovered from a well; (f) constructing, operating, maintaining, modifying or decommissioning a facility; (i) water disposal. 11—Requirement for licence A person must not engage in a regulated activity unless the activity is authorised under this Act. Maximum penalty: $120 000.

Div 1A

Hydraulic Fracturing

Division 1A—Hydraulic Fracturing 11A—Moratorium on hydraulic fracturing (1) Despite any other provision of this Act, the Minister must not, during the prescribed period, grant a licence under this Act that authorises the carrying out of hydraulic fracturing within the designated area. (2) A condition of a licence that purports to authorise the carrying out of hydraulic fracturing will be taken to be void and of no effect. (3) Subsection (2) applies to a licence granted before or after the commencement of this section. (4) No compensation is payable by or on behalf of the Crown, the Minister or any other person in connection with the operation of this section. (5) In this section— designated area means the area comprised of the following council areas: (a) the area of the City of Mount Gambier; (b) the area of the District Council of Grant; (c) the area of the Kingston District Council; (d) the area of the Naracoorte Lucindale Council; (e) the area of The District Council of Robe; (f) the area of The Tatiara District Council; (g) the area of the Wattle Range Council; hydraulic fracturing means the high‑pressure injection of a substance or a combination of substances into a wellbore so as to create, or that is likely to create, fractures in rocks or rock formations; prescribed period means the period beginning on the commencement of this section and ending on the tenth anniversary of that commencement; wellbore includes a reference to a hole, tunnel or well drilled into the ground to aid in the exploration and recovery of natural resources. Division 2—Grant of licence 12—General authority to grant licence (1) The Minister may, subject to this Act, grant a licence. (2) If an application for the grant or renewal of a licence relates to an area within or adjacent to a specially protected area, the Minister must, before making his or her decision on the application, refer the application to the relevant Minister and consult with the relevant Minister in relation to the matter. (3) If an application for the grant or renewal of a licence is referred to a relevant Minister and the Minister to whom the administration of this Act is committed and the relevant Minister cannot agree— (a) on whether a licence should be granted or renewed; or (b) if a licence is granted or renewed, on the conditions to which the licence should be subject, the Ministers must take steps to refer the matter to the Governor and the Governor will determine the matter (and any decision taken by the Governor will be taken to be a decision of the Minister under this Act). 13—Licence classes Licences are of the following classes: (a) preliminary survey licence; and (b) speculative survey licence; and (c) exploration licence (with 4 categories of licence under this Act); and (d) retention licence (with 4 categories of licence under this Act); and (e) production licence (with 4 categories of licence under this Act); and (f) pipeline licence; and (g) associated activities licence; and (h) special facilities licence. 13A—Licence is not personal property for the purposes of Commonwealth Act A licence is not personal property for the purposes of the Personal Property Securities Act 2009 of the Commonwealth. Division 3—Preliminary survey licence 14—Preliminary survey licence (1) A preliminary survey licence authorises the licensee to carry out a survey, environmental evaluation, or other form of assessment preparatory to the carrying out of regulated activities on land. (2) A preliminary survey licence may authorise incidental matters such as (for example) marking out the proposed route of a pipeline on land. (3) The rights conferred on the holder of a preliminary survey licence are not exclusive. (4) The Minister may, on application by a licensee holding a preliminary survey licence, approve the variation of the area to which the licence relates. 15—Term of preliminary survey licence (1) The term of a preliminary survey licence is 1 year. (2) A preliminary survey licence may be renewed from time to time for a further term.

Part 4

Exploration

Part 4—Exploration Division 1—Competitive tender regions 16—Minister may declare competitive tender region (1) The Minister may, by notice in the Gazette, declare the whole or an area of the State specified in the notice as a competitive tender region in respect of exploration for energy resources. (2) A declaration under subsection (1)— (a) must specify the energy resource in relation to which the competitive tender region is to be declared; and (b) must specify whether the declaration is in respect of the whole State or a designated area specified in the notice; and (c) has effect from the day or for the period specified in the notice. (3) If a declaration of a competitive tender region under this section is in force— (a) an application for an exploration licence for an energy resource specified in the declaration in respect of the declared area must not be made except in response to a call for tenders under section 22; and (b) a right of exploration must not be granted for exploration for an energy resource not specified in the declaration in respect of the declared area. Division 2—Speculative survey 17—Speculative survey licence (1) A speculative survey licence authorises the licensee to carry out exploratory operations of the kind specified in the licence in the licence area. (2) A speculative survey licence cannot authorise drilling beyond a depth of 300 metres. (3) The right to carry out exploratory operations conferred by a speculative survey licence is not an exclusive right. 18—Area of speculative survey licence (1) A speculative survey licence may be granted for 1 or more separate areas. (2) However, the total area of a speculative survey licence cannot exceed 10 000 km2. 19—Term of speculative survey licence (1) The term of a speculative survey licence is 1 year. (2) A speculative survey licence may be renewed, from time to time, for a further term. 20—Consultation preceding grant or renewal of speculative survey licence Before a speculative survey licence is granted or renewed over the area, or part of the area, of an existing licence, the applicant for the speculative survey licence must— (a) consult with the existing licensee and seek to reach agreement on the activities to be carried out under the speculative survey licence on the area that is to be subject to both licences; and (b) inform the Minister of the result of the consultation. Division 3—Exploration licences 21—Exploration licences (1) There will be 4 categories of exploration licence: (a) a petroleum exploration licence; (b) a geothermal exploration licence; (c) a gas storage exploration licence; (d) a regulated substance exploration licence. (2) An exploration licence authorises subject to its terms the licensee to carry out in the licence area— (a) exploratory operations for energy resources of the kind specified in the licence; and (b) with respect to the energy resources so specified—operations— (i) to establish the nature and extent of a discovery of regulated resources; (ii) to establish the feasibility of production and appropriate production techniques. (3) A licensee who holds an exploration licence is entitled, subject to this Act, to the grant of a corresponding retention licence or a corresponding production licence for an energy resource discovered in the licence area. 22—Call for tenders (1) If an exploration licence is to be granted for an area within a competitive tender region, the Minister must call for tenders for an exploration licence of the relevant category (taking into account the regulated resources with respect to which the region has been declared). (2) The Minister has a discretion to call for tenders for an exploration licence in other cases. (3) A call for tenders is made by notice published in the Gazette inviting applications for the grant of an exploration licence of the relevant category for an area specified in the notice. (4) The notice— (a) must specify a period within which applications are to be made; and (b) must state the criteria by reference to which applications are to be evaluated; and (c) may include information about any special terms and conditions subject to which the exploration licence is to be granted; and (d) may include other information the Minister considers appropriate. (5) The selection of an applicant is not complete until the applicant executes the licence. (6) On the selection of a successful applicant from among those who apply in response to an advertisement under this section, the Minister must— (a) publish in the Gazette a statement of the basis for the selection of the successful applicant, including the successful applicant's proposed work program; and (b) give any unsuccessful applicant written notice of the reasons for the rejection of the application. 23—Criteria to be considered for granting exploration licence In considering an application for the grant of an exploration licence, the Minister must have regard to— (a) the suitability of applicant's proposed work program for evaluating the prospectivity of the licence area and discovering regulated resources; and (b) the adequacy of the applicant's technical and financial resources; and (c) if applications have been invited for the licence by public advertisement—the stated criteria for evaluation of the applications. 24—Areas for which licence may be granted (1) An exploration licence may be granted for 1 or more separate areas. (2) However, the total licence area cannot exceed— (a) in the case of a gas storage exploration licence—2 500 km2; (b) in the case of a geothermal exploration licence—3 000 km2; (c) in the case of a petroleum exploration licence or a regulated substance exploration licence—10 000 km2. 25—Work program to be carried out by exploration licensee (1) It is a mandatory condition of an exploration licence that the licensee must carry out work in the licence area in accordance with a work program approved by the Minister. (2) A proposed work program is to be submitted for the Minister's approval with an application for the grant or renewal of an exploration licence. (3) The Minister may approve the proposed work program with or without addition or variation. (4) The Minister may approve deferment, variation or reduction of the work to the carried out under an approved work program. (4a) However, Ministerial approval is not required for the acceleration of the work to be carried out under an approved work program. (5) If a licence was granted on the basis of competitive tender, the Minister— (a) must, before approving deferment, variation or reduction of the work to be carried out under an approved work program—have regard to work programs proposed by other applicants for the licence; and (b) must publish in the Gazette notice of the approval stating the effect of the approval. (6) The Minister may, as a condition of approving the reduction or deferment of work under subsection (4), require the licensee to relinquish a specified portion of the licence area. 26—Term and renewal of exploration licence (1) The term of an exploration licence is 5 years or such term of less than 5 years as specified by the Minister in a particular case. (2) An exploration licence may be granted on terms under which the licence is to be renewable for a further term or 2 further terms (as specified by the Minister at the time of the grant of the licence). (3) Subject to a succeeding subsection, a licence that is renewable for one further term must provide for the excision, on renewal, of an area equal to at least 50% of the original licence area and a licence that is renewable for 2 further terms must provide for the excision, on each renewal, of an area equal to at least 33⅓% of the original licence area. (4) The area to be excised is to be determined by the Minister— (a) if the licensee puts a proposal to the Minister in the application for renewal of the licence and the Minister accepts the proposal—on the basis of that proposal; or (b) in any other case—after the Minister has put a proposal to the licensee and has considered any representations made by the licensee within 14 days after notice of the proposal is given to the licensee. (5) The Minister must accept the licensee's proposal under subsection (4)(a) if it reasonably allows for the grant of new exploration licences over the area or areas to be excised. (5a) Subsections (3), (4) and (5) do not apply in relation to a gas storage exploration licence. (5b) The area to be subject to an excision under subsection (3) will be reduced by an amount equal to the area of any production licence or retention licence granted during the immediately preceding term of the exploration licence. (6) When a licence falls due for renewal, the licensee, if not in default under the licence, is entitled to the renewal of the licence in accordance with the terms of the licence. 27—Production of regulated resource under exploration licence (1) The holder of a petroleum exploration licence or a regulated substance exploration licence may produce a regulated substance from a well in the licence area for the purpose of establishing the nature and extent of a discovery. (1a) The holder of a geothermal exploration licence may produce geothermal energy from a well in the licence area for the purpose of establishing the nature and extent of a discovery. (2) However, the licensee must not produce a regulated resource from a well for more than 10 days in aggregate without the Minister's approval. (2a) The holder of a gas storage exploration licence may place a regulated substance in a natural reservoir for the purpose of establishing the suitability of the natural reservoir for storage purposes. (3) The Minister may grant an approval under this section on conditions the Minister considers appropriate.

Part 5

Retention

Part 5—Retention 28—Retention licences (1) There will be 4 categories of retention licence: (a) a petroleum retention licence; (b) a geothermal retention licence; (c) a gas storage retention licence; (d) a regulated substance retention licence. (2) A retention licence protects the interests of the licensee in a regulated resource of the kind relevant to the category of the licence for a reasonable period in connection with 1 or more of the following purposes: (a) to facilitate— (i) proper evaluation of the productive potential of a discovery that has been made by the licensee; or (ii) carrying out the work necessary to bring the discovery to commercial production; or (iii) without limiting a preceding subparagraph, in the case of a gas storage retention licence—the testing of the natural reservoir for the storage of a regulated substance; (b) without limiting paragraph (a), to provide a means by which the licensee may maintain an interest in a regulated resource until production is commercially feasible (subject to limits and conditions under this Act); (c) to facilitate other activities considered appropriate by the Minister. (3) Accordingly, a retention licence authorises the licensee to carry out in the licence area (according to the terms of the licence)— (a) operations to establish the nature and extent of a discovery of regulated resources; and (b) operations to establish the commercial feasibility of production and appropriate production techniques; and (c) other regulated activities specified in the licence. 30—Grant of retention licence (1) Subject to this Act, a person is, on application, entitled to the grant of a petroleum retention licence, a regulated substance retention licence or a geothermal retention licence in respect of a discovery of a relevant resource if— (a) a regulated resource has been discovered in the area for which the retention licence is to be granted and the existence of the regulated resource has been demonstrated by the drilling of at least one well; and (b) the person holds, or held at the time of the application for the retention licence, an exploration licence or a production licence over the area for which the retention licence is to be granted; and (c) the exploration licence or production licence authorised exploration for or production of a regulated resource of the relevant kind; and (d) the Minister is satisfied that production of the regulated resource is not currently commercially feasible, but is more likely than not to become commercially feasible within 15 years. (1a) Subject to this Act, a person is, on application, entitled to the grant of a gas storage retention licence in respect of a natural reservoir if the Minister is satisfied as to 1 or both of the following: (a) that it is reasonable to facilitate the testing of the natural reservoir for the storage of a regulated substance; (b) that the use of the natural reservoir for the storage of a regulated substance is not currently commercially feasible or reasonable (including by virtue of the fact that production of a regulated substance from a related area is not currently commercially feasible). (2) If the holder of an exploration or production licence is in default under the terms of the licence, the Minister may decline to grant a retention licence until the default is remedied. 31—Area of retention licence (1) The area of a petroleum retention licence or regulated substance retention licence must not exceed— (a) twice the area under which (according to a reasonable estimate at the time when the licence was granted or last renewed) the discovery is likely to extend; or (b) 10 000 km², whichever is the lesser. (2) The area of a geothermal retention licence or gas storage retention licence must not exceed 1 000 km2. 32—Term of retention licence (1) The term of a retention licence is 5 years or such term of less than 5 years as specified by the Minister in a particular case. (2) A retention licence may be renewed from time to time for a further term but only if the Minister is satisfied that production is not currently commercially feasible but is more likely than not to become commercially feasible within the next 15 years. (3) However, in the case of a gas storage retention licence it is unnecessary to be satisfied as to the 15 year period referred to in subsection (2) unless the Minister assesses or determines that the natural reservoir is more likely than not to be used in connection with the production of petroleum. (4) Subsection (3) does not derogate from the operation of section 36 or 79. 33—Work program to be carried out by retention licensee (1) A retention licence may include a mandatory condition requiring the licensee to carry out work, in accordance with a work program approved by the Minister, for either or both of the following purposes: (a) to establish the nature and extent of a discovery of regulated resources; (b) to establish the commercial feasibility of production and appropriate production techniques. (2) A work program to be carried out under the licence must, if the Minister so requires, be submitted with the application for the licence and from time to time as required under the conditions of the licence. (3) The Minister may approve a proposed work program with or without addition or variation. (4) The Minister may, on application by a licensee— (a) approve deferment of the work to be carried out under an approved work program; and (b) approve variation of the work program by substitution for work previously programmed of work that is, in the Minister's opinion, of equal or greater value. (5) To avoid doubt, Ministerial approval is not required for the acceleration of work to be carried out under an approved work program.

Part 6

Production

Part 6—Production 34—Production licences (1) There will be 4 categories of production licence: (a) a petroleum production licence; (b) a geothermal production licence; (c) a gas storage licence; (d) a regulated substance production licence. (2) A petroleum production licence authorises, subject to its terms— (a) operations for the recovery of petroleum or some other regulated substance from the ground including— (i) operations involving the injection of petroleum or another substance into a natural reservoir for the recovery (or enhanced recovery) of petroleum or another regulated substance; and (ii) if the licence so provides—the extraction of petroleum or another regulated substance by an artificial means such as in situ gasification or the techniques used to recover coal seam methane; (b) operations for the processing of regulated substances; (c) operations for the storage or withdrawal of petroleum or some other regulated substance for the prudent supply or delivery of the petroleum or other regulated substance to the market. (3) A geothermal production licence authorises, subject to its terms, operations for the extraction or release of geothermal energy. (4) A gas storage licence authorises, subject to its terms— (a) operations for the use of a natural reservoir for the storage of a regulated substance; and (b) operations for the withdrawal of that substance from a natural reservoir. (4a) A regulated substance production licence authorises, subject to its terms, operations of a kind prescribed by the regulations associated with the production of a regulated substance. (5) A production licence also authorises (subject to its terms) the licensee to carry out other regulated activities within the licence area. 35—Grant of production licence (1) Subject to this Act, a person is, on application, entitled to the grant of a production licence for the production of a regulated resource of a particular kind if— (a) a regulated resource exists in the area for which the production licence is to be granted; and (b) the person holds, or held at the time of the application for the production licence— (i) an exploration licence or a retention licence over the area for which the production licence is to be granted; or (ii) a mineral tenement under the Mining Act 1971 over the area for which the production licence is to be granted; and (c) — (i) in a case where paragraph (b)(i) applies—the exploration licence authorised exploration for a regulated resource of the relevant kind or the retention licence was granted for a regulated resource of the relevant kind; (ii) in a case where paragraph (b)(ii) applies—the mineral tenement authorised operations for exploration for or the recovery of coal and the production licence is to be granted for in situ gasification or coal seam methane production (and other related activities as the Minister considers appropriate); and (d) production is currently commercially feasible or is more likely than not to become commercially feasible within the next 24 months. (2) If the holder of an exploration or retention licence is in default under the terms of the licence, the Minister may decline to grant a production licence until the default is remedied. (3) If— (a) the Minister is satisfied that— (i) a regulated resource exists in a particular area; and (ii) production is currently commercially feasible or is more likely than not to become commercially feasible within the next 24 months; but (b) there is no person who is currently entitled to the grant of a production licence under subsection (1), the Minister may call for tenders for the grant of a production licence and grant a production licence to the applicant who submits the successful tender. (3a) Subsection (3) does not apply if the Minister has entered into a safety net agreement under section 94 in relation to a production licence in respect of a regulated resource in the particular area referred to in subsection (3)(a)(i). (4) Subsections (1)(b) and (c) do not apply if the application is for a gas storage licence. (5) If a person applies for a gas storage licence that is within the area of an existing production licence (the first application), the Minister must— (a) as soon as practicable after receiving the first application, give written notice of the application to the holder of the existing production licence; and (b) if the holder of the existing production licence applies for a gas storage licence within the area of their licence within a period (which must be at least 6 months) specified by the Minister in the notice given under paragraph (a)—consider the application made by the holder of the existing production licence before considering the first application. 36—Power to require holder of exploration licence or retention licence to apply for production licence (1) The Minister may, after consultation with the holder of an exploration licence or a retention licence, give a written notice to the holder stating that— (a) production of a regulated resource is, in the Minister's opinion, currently commercially feasible within the whole or a specified part of the licence area; and (b) the holder of the licence should apply for a production licence of the relevant category for the relevant area within a period (which must be at least 6 months) stated in the notice. (2) If the holder of the licence does not apply for a production licence for the relevant area within the time stipulated in the notice, the Minister may— (a) excise the relevant area from the exploration or retention licence; and (b) call for tenders for the grant a production licence for the relevant area; and (c) grant a production licence to the applicant who submits the successful tender. 37—Area of production licence (1) The area of a petroleum production licence or regulated substance production licence must not exceed either of the following limits: (a) twice the area under which (according to a reasonable estimate at the time of granting the licence) the discovery is more likely than not to extend; (b) 100 km2. (2) The area of a geothermal production licence or gas storage licence must not exceed 1 000 km2. 38—Work program to be carried out by production licensee (1) A production licence may include a condition requiring the licensee to carry out work— (a) for the development of the licence area; and (b) for the production of regulated resources, in accordance with a work program approved by the Minister. (2) If a production licence includes such a condition, a proposed work program must be submitted for the Minister's approval from time to time as required under the relevant licence condition. (3) The Minister may approve a proposed work program with or without addition or variation. (4) The Minister may, on application by the licensee, vary an approved work program. (5) However, Ministerial approval is not required for the acceleration of the work to be carried out under an approved work program. 39—Requirement to proceed with production (1) The holder of a production licence must, subject to this Act, proceed with operations for production of the relevant regulated resources— (a) with due diligence; and (b) in accordance with the conditions of the licence. Maximum penalty: $60 000. (2) If operations for production of the relevant regulated resource have not commenced within 24 months after the grant of the production licence, the Minister may, by written notice given to the holder of the licence, require the holder of the licence to commence the operations. (3) If, in the Minister's opinion, production from the area of a production licence is practicable and commercially feasible, the Minister may, by written notice given to the licensee, require the licensee to undertake or continue operations in accordance with requirements specified in the notice until the licensee satisfies the Minister that the operations are no longer practicable or commercially feasible. (4) A notice under subsection (3) may require production from the area comprised in a production licence at a rate that is no less than a rate specified in the notice. (5) If the holder of a production licence fails to proceed with operations for production of a regulated resource as required under the terms of the licence or by notice under this section (and has not entered into arrangements, satisfactory to the Minister, for future production), the Minister may, by written notice to the licensee, cancel the licence. 40—Term of production licence A production licence is to be granted for an unlimited term. 41—Cancellation or conversion of production licence where commercial operations in abeyance (1) If operations resulting in production from the licence area on a commercial basis have not been carried on within the area of a production licence for 24 months or more (and the licensee has not entered into arrangements, satisfactory to the Minister, for commencing or resuming such operations at a reasonable future time), the Minister may, by written notice to the licensee— (a) convert the licence into a retention licence; or (b) cancel the licence. (2) Before cancelling a licence under this section, the Minister must give the licensee a reasonable opportunity to make representations about the proposed action. 42—Unitisation of production (1) If the Minister is satisfied that— (a) a natural reservoir containing, or suitable for storage of, a regulated substance extends beyond the area of a production licence; and (b) the adjacent area is covered by an exploration, retention or production licence held by a different person, the Minister may, by written notice given to the holders of the respective licences, require them to enter into negotiations with a view to establishing a scheme for working or using the relevant areas as a single unit. (2) If the holders of the licences fail to reach agreement on the terms of such a scheme within a reasonable time, the Minister may, by written notice given to the licensees, establish such a scheme. (3) Before the Minister establishes a scheme under this section, the Minister must allow the holders of the licences affected by the scheme a reasonable opportunity to make submissions on the terms of the scheme. (4) A scheme under this section is binding on the holders, for the time being, of the licences affected by the scheme.

Part 7

Royalty

Part 7—Royalty 43—Royalty on regulated resources (1) The holder of a licence must pay to the Crown a royalty equivalent to the prescribed percentage of the value (at the well head) of a regulated resource produced from land comprised in the licence. (2) The prescribed percentage is— (a) for a regulated substance—10%; (b) for geothermal energy—2.5%. (3) Royalty is not payable on the following: (a) a regulated substance that— (i) has been placed in a natural reservoir in the area of a production licence for storage purposes; or (ii) has been destroyed or dissipated in accordance with sound production practice; or (iii) is to be used in the course of productive operations, or for purposes incidental to productive operations, that the producer carries out in the State and are associated with production of a regulated substance in the State; and (b) geothermal energy that is dissipated before it reaches the point of delivery to the purchaser. (4) A licensee must, by the last day of the month immediately following each month in which a regulated substance or geothermal energy is produced, provide the Minister with a return for the relevant month setting out— (a) the quantity of the regulated substance or energy produced; and (b) the quantity of any regulated substance or energy sold, and the amount realised on sale; and (c) any other relevant information required by the Treasurer after consultation with the Minister. (5) A return must be accompanied by the royalty payable by the licensee in respect of the month to which the return relates. (5a) The Treasurer may, after consultation with the Minister— (a) determine that a requirement of subsection (4) or (5) will not apply to a particular licensee or class of licensee; and (b) impose, by notice to the particular licensee or by notice in the Gazette, such other requirements on the licensee or those licensees as may be appropriate in the circumstances. (5b) The Treasurer may, after consultation with the Minister, by further notice, vary or revoke requirements imposed under subsection (5a), or impose new requirements. (6) The value at the well head of a regulated substance is a value calculated by subtracting from the price (exclusive of any GST component) that could reasonably be realised on sale of the substance to a genuine purchaser at arms length from the producer all reasonable expenses (exclusive of any GST component) reasonably incurred by the producer— (a) in treating processing or refining the substance; and (b) in transporting the substance from the well head to the point of delivery. (7) The value at the well head of geothermal energy is a value calculated by subtracting from the price (exclusive of any GST component) that could reasonably be realised on sale of the energy to a genuine purchaser at arms length from the producer all reasonable expenses (exclusive of any GST component) reasonably incurred by the producer in getting the energy to the point of delivery to the purchaser. (8) The value at the well head of a regulated substance or geothermal energy is to be assessed by the Treasurer after consultation with the Minister. (9) The Treasurer may, after consultation with the Minister, on application by the producer or on the Treasurer's own initiative after consultation with the Minister, review and revise an earlier assessment of the value at the well head of a regulated substance or geothermal energy. (10) The Supreme Court may, on appeal by the producer, vary the Treasurer's assessment. (11) In any other proceedings, the Treasurer's assessment is to be taken as conclusive evidence of the value of a regulated substance or geothermal energy at the well head. (12) The regulations may provide that the whole or a prescribed proportion of a fee of a prescribed class payable by licensees under this Act may be taken to be a reasonable expense for the purposes of subsection (6). (13) The Treasurer may, after consultation with the Minister, reduce or waive royalty payable by a licensee under this section— (a) in respect of a regulated substance or a regulated resource prescribed by the regulations; or (b) in prescribed circumstances. 44—Penalty for late payment (1) If a licensee fails to pay royalty as and when required by or under this Part— (a) the amount in arrears will, unless the Treasurer determines otherwise, be increased by penalty interest at the prescribed rate; and (b) the Treasurer may impose on the licensee a fine of an amount fixed by the Treasurer up to a limit of $1,000 or 10% of the outstanding royalty, whichever is the greater. (2) The Treasurer may, after consultation with the Minister, for any proper reason remit penalty interest or a fine imposed under subsection (1) wholly or in part. 45—Recovery of royalty Royalty (and any penalty interest or fine imposed by the Treasurer under this Part) may be recovered as a debt due to the Crown.

Part 7A

Rental

Part 7A—Rental 45A—Rental payable for utilising natural reservoir for storage (1) This section applies to the holder of a licence who utilises a natural reservoir to store a regulated substance. (2) Subject to this section, the holder of a licence to whom this section applies must pay to the Minister, by way of rental, a prescribed amount to be calculated in accordance with the regulations. (3) The holder of a licence to whom this section applies is not liable to pay an amount by way of rental under this section to the extent that the licensee utilises a natural reservoir to store— (a) a regulated substance that is to be used in the course of productive operations, or for purposes incidental to productive operations, that the producer carries out in the State and are associated with the production of a regulated substance in the State; or (b) carbon dioxide that has been produced or sourced within Australia and is not imported. (4) The Minister may reduce or waive rental payable by a licensee under this section— (a) in respect of a regulated substance or a regulated resource prescribed by the regulations; or (b) in prescribed circumstances. (5) The Minister must, on the tenth anniversary of the commencement of subsection (3)(b), cause a review of the operation of that subsection to be conducted and a report on the review to be prepared and submitted to the Minister. (6) The Minister must cause a copy of the report submitted under subsection (5) to be laid before both Houses of Parliament within 6 sitting days after receiving the report. 45B—Rental return (1) The holder of a licence to whom section 45A applies must, at the end of each prescribed period, provide the Minister with a return for the relevant period setting out— (a) the quantity of natural reservoir used for storage for which the licensee is liable to pay rental under section 45A; and (b) any matter prescribed by the regulations; and (c) any other relevant information required by the Minister. (2) A return must be accompanied by the rental payable by the licensee in respect of the prescribed period to which the return relates. (3) The Minister may— (a) determine that a requirement of subsection (1) or (2) will not apply to a particular licensee or class of licensee; and (b) impose, by notice to the particular licensee or by notice in the Gazette, such other requirements on the licensee or those licensees as may be appropriate in the circumstances. (4) The Minister may, by further notice, vary or revoke requirements imposed under subsection (3), or impose new requirements. 45C—Penalty for late payment If a licensee fails to pay rental as and when required by or under this Part— (a) the amount in arrears will, unless the Minister determines otherwise, be increased by penalty interest at the prescribed rate; and (b) the Minister may impose on the licensee a fine of an amount fixed by the Treasurer up to a limit of $1 000 or 10% of the outstanding rental, whichever is the greater. 45D—Recovery of rental Rental payable by a licensee under this Part, and any penalty interest or fine imposed by the Minister under this Part, may be recovered as a debt due to the Crown.

Part 8

Transmission pipelines

Part 8—Transmission pipelines Division 1—Pipeline licence 46—Rights conferred by pipeline licence (1) A pipeline licence authorises the licensee to operate and maintain the transmission pipeline to which it relates. (2) If the licence is granted for a proposed transmission pipeline, the licence also authorises the licensee to construct (or complete the construction of) the relevant transmission pipeline. (3) A pipeline licence may be granted for the whole or part of a transmission pipeline. (4) A pipeline licence— (a) can only be held by a body corporate (or two or more bodies corporate); and (b) can only be held in respect of a transmission pipeline or proposed transmission pipeline owned by a body corporate (or two or more bodies corporate). (5) The Minister may, on application by a licensee holding a pipeline licence, vary the licence to cover an extension to, or a variation to the route of, the pipeline. (6) If it is reasonably necessary for the holder of a pipeline licence to carry out a regulated activity on land that is adjacent to the site of the pipeline, the holder may, with the consent of the Minister, carry out that activity on that land as if it formed part of the pipeline land. 47—Term and renewal of pipeline licence (1) The term of a pipeline licence is 21 years or a lesser term agreed between the pipeline licensee and the Minister. (2) Subject to any agreement between the Minister and the pipeline licensee excluding or limiting this right of renewal, a pipeline licence must, on application for renewal, be renewed for a further term. 48—Alteration of pipeline A pipeline licensee must not alter or modify, or permit the alteration or modification of, the pipeline except as follows: (a) as authorised in the pipeline licence; or (b) as may be necessary for the repair or maintenance of the pipeline; or (c) as may be necessary for the preservation of life or property in an emergency; or (d) as may be authorised by the Minister. Division 2—Access to pipeline 49—Ministerial power to require access to pipeline (1) The Minister may, by written notice given to the holder of a pipeline licence, require the holder to convey a regulated substance for another person on terms and conditions mutually agreed by the holder and the other person or, in default of agreement, on terms and conditions determined by the Minister. (2) In considering whether to require the holder of a pipeline licence to convey a regulated substance for another and if so the appropriate terms and conditions on which the holder should be required to do so, the Minister must have regard to— (a) the legitimate business interests of the licensee; and (b) the public interest including the public interest in facilitating competition in markets; and (c) the interests of other persons who have rights of access to the pipeline; and (d) the cost of providing access to the pipeline; and (e) the operational and technical requirements for the safe, efficient and reliable operation of the pipeline; and (f) any other matters the Minister considers relevant. (3) A determination under this section, and the Minister's reasons for making it, are to be published in the Gazette. (4) This section does not apply if access to the relevant transmission pipeline is governed under some other law. Division 3—Special provisions about pipelines 50—Acquisition of land by holder of pipeline licence (1) The holder of a pipeline licence must, as soon as practicable after the grant of the licence, proceed to acquire the pipeline land reasonably required for constructing or operating, or constructing and operating, the relevant pipeline. (2) Despite any limitation on the powers of a body corporate existing apart from this section, a body corporate is authorised to transfer to the holder of a pipeline licence any land required for the construction or operation of a pipeline under the relevant pipeline licence. 51—Pipeline easements An easement acquired for the construction or operation of a pipeline is an easement in gross that does not depend on the existence of a dominant tenement. 52—Compulsory acquisition of land for pipeline If the Minister is satisfied that the holder of a pipeline licence— (a) reasonably requires land (apart from the interest conferred by the licence) for the purpose of constructing, modifying or operating a pipeline or for incidental purposes; and (b) has failed to acquire the land by agreement after making reasonable attempts to do so, the holder may, with the Minister's approval, proceed to acquire the land compulsorily under the Land Acquisition Act 1969. 53—Pipeline to be chattel A pipeline is a chattel and capable of being acquired, owned, dealt with and disposed of as such. 54—Inseparability of dealings with pipeline and pipeline land Unless the Minister gives written consent, a pipeline cannot be transferred, mortgaged, or otherwise dealt with separately from the pipeline land related to the pipeline, nor can pipeline land be transferred, mortgaged or dealt with separately from the pipeline to which it relates. 55—Resumption of pipeline (1) If a pipeline for which a licence was granted is not used for the transportation of a regulated substance for a continuous period of more than 3 years, the Minister may give written notice to all interested persons of intention to resume the pipeline and the pipeline land. (2) The interested persons are— (a) the holder (or former holder) of the pipeline licence; and (b) the owner of, and other persons interested in, the pipeline and the related pipeline land. (3) Before the Minister gives notice under subsection (1), the Minister must— (a) invite all interested persons to make representations about the proposed resumption; and (b) consider any representations made in response to the invitation. (4) The notice of the intended resumption— (a) may be given whether or not a pipeline licence remains in force for the pipeline (but if a licence is in force, the notice terminates the licence); and (b) must be given to all interested persons. (5) The owner of the pipeline may within 6 months after the notice is given take up and remove the pipeline and associated structures (wholly or in part) and restore the relevant land as far as practicable to its former condition. (6) After the six month period has ended, the Minister may exercise either or both of the following powers: (a) the Minister may, by written notice given to the owner of the pipeline, require the owner, within a reasonable time stated in the notice, to remove buildings, structures and fixtures associated with the pipeline and to restore the land, as far as practicable, to its former condition; and (b) the Minister may, by notice published in the Gazette, vest the pipeline land and any buildings, structures and fixtures (including the pipeline) remaining on the land in the Crown. (7) If the owner of the pipeline fails to comply with a notice under subsection (6)(a), the Minister may have the necessary work carried out and recover the cost of doing so from the owner. (8) No compensation is payable for the divestiture of property under subsection (6)(b). (9) If an easement is vested in the Crown under subsection (6)(b), the Minister may, by notice in the Gazette, surrender (and thus extinguish) the easement. 55A—Liability to council rates The land that constitutes pipeline land under this Act is exempt from the requirement to pay rates under the Local Government Act 1999.

Part 9

Associated activities

Part 9—Associated activities 56—Associated activities licence (1) An associated activities licence— (a) authorises the holder of the licence (the primary licence)— (i) to establish and operate associated facilities on land outside the area of the primary licence; (ii) without limiting subparagraph (i), to carry out any type of associated regulated activity on land outside the area of the primary licence; (b) for that purpose, confers rights of access to and use of land to which the licence relates on terms and conditions specified in the licence. (2) An associated facility or an associated regulated activity is anything that is reasonably necessary for, or incidental to, carrying on regulated activities in the area of the primary licence, or in the vicinity of the area of the primary licence. (3) For example— (a) an associated activities licence might be granted to the holder of an exploration licence, a retention licence or a production licence authorising the holder of the licence to drill a well from an area outside the area of the primary licence for obtaining access to geological structures within the area of the primary licence; (b) an associated activities licence might be granted authorising the holder of the licence to establish and operate facilities within the licence area such as— (i) a pipeline; (ii) a processing plant; (iii) a camp, airport, building or other infrastructure; (iv) commercial or recreational facilities for people involved in regulated activities. 57—Area of associated activities licence (1) An associated activities licence cannot be granted for an area exceeding— (a) in a case involving facilities or activities that, in the opinion of the Minister, are permanent (or effectively permanent)—5 km2; (b) in any other case—1 500 km2. (2) However, these restrictions on the area of a licence do not apply if the licence area is in the form of a corridor with a width of 50 m or less. 58—Term of associated activities licence (1) Subject to subsection (2), an associated activities licence is an adjunct to the primary licence and is, subject to its terms, granted for the same term, and renewable at the same time and in the same way as the primary licence. (2) An associated activities licence for activities that, in the opinion of the Minister, are temporary in nature will be granted for a term determined by the Minister (which may be a term that takes into account any decommissioning, rehabilitation or other action that may be required at the conclusion of the activities and which may be renewed from time to time as the Minister thinks fit). 59—Relationship with other licences (1) An associated activities licence may be granted in respect of an area comprised within the area of another licence. (2) Subject to any relevant licence conditions, the rights conferred by an associated activities licence prevail over rights conferred by another licence in respect of the same area. (3) Before the Minister grants an associated activities licence for an area covered by another licence— (a) the Minister must have regard to— (i) the reasons put forward by the applicant for the grant of the licence and, in particular, whether they justify the grant of the licence in derogation from the rights of the existing licensee; and (ii) the legitimate business interests of the existing licensee; and (iii) the effect of the operations to be carried out under the associated activities licence on the operations conducted under the existing licence; and (iv) the operational and technical requirements for the safe, efficient and reliable conduct of operations under both licences; and (v) any other matters the Minister considers relevant; and (b) the Minister must consult with the existing licensee about the matters referred to in paragraph (a) and about the conditions to be included in the licence (unless the existing licensee is the person applying for the associated activities licence). (4) If an associated activities licence is granted over the area of another licence, the holder of the other licence is to be entitled to compensation for diminution of the rights conferred by that licence— (a) to be agreed between the licensees; or (b) in default of agreement, to be determined by the relevant court. (5) If an associated activities licence is granted over the area of another licence, the Supreme Court may, on application by the holder of the other licence made within 2 months after the grant of the associated activities licence, review the terms and conditions of the associated activities licence and vary them as the Court considers just. (6) The Supreme Court may, in exercising its powers under subsection (5), relocate the area of the associated activities licence or vary the area in some other way.

Part 9A

Special facilities

Part 9A—Special facilities 59B—Special facilities licence (1) A special facilities licence— (a) authorises the licensee to establish and operate within an area specified in the licence (that must not exceed 5 km²) facilities for the purposes involving or associated with— (i) searching for any regulated substance; or (ii) processing any regulated substance; or (iii) producing or generating energy from a source of geothermal energy; or (iv) other activities that may be relevant or incidental to searching for any regulated substance or processing, producing or storing any regulated substance or a product derived from a regulated substance; and (b) for that purpose, confers rights of access to and use of land to which the licence relates on terms and conditions specified in the licence. (2) For example, a special facilities licence might be granted authorising the holder of the licence to establish and operate facilities within the licence area such as— (a) a processing plant; (b) an electricity generation facility that uses geothermal energy (but not an electricity transmission facility); (ba) a direct air capture and storage facility for the purposes of capturing carbon dioxide and storing it in a natural reservoir; (c) other forms of infrastructure. (3) For the purposes of this Part— (a) the holder of a special facilities licence does not need to be the holder of any other licence under this Act associated with the production or utilisation of a regulated resource; and (b) the area of a special facilities licence does not need to be in the vicinity of the area of any other licence under this Act. 59D—Term of special facilities licence (1) A special facilities licence will be granted for a term determined by the Minister. (2) The Minister may— (a) renew a special facilities licence from time to time for a term determined by the Minister and notified to the licensee; (b) cancel a special facilities licence if the Minister considers that the licence is no longer being used for the purposes for which the licence was granted. 59E—Relationship with other licences (1) A special facilities licence may be granted in respect of an area comprised within the area of another licence. (2) The rights conferred by a special facilities licence prevail over rights conferred by another licence in respect of the same area to the extent (if any) determined by the Minister to be reasonable and appropriate and specified in the special facilities licence. (3) Before the Minister grants a special facilities licence for an area covered by another licence— (a) the Minister must have regard to— (i) the reasons put forward by the applicant for the grant of the licence and, in particular, whether they justify the grant of the licence in derogation from the rights of the existing licensee; and (ii) the legitimate business interests of the holder of the existing licence; and (iii) the effect of the operations to be carried out under the special facilities licence on the operations carried out under the existing licence; and (iv) the operational and technical requirements for the safe, efficient and reliable conduct of operations under both licences; and (v) any other matters the Minister considers relevant; and (b) the Minister must consult with the existing licensee about the matters referred to in paragraph (a) and about the conditions to be included in the licence (unless the existing licensee is the person applying for the special facilities licence). (4) If a special facilities licence is granted over the area of another licence, the holder of the other licence is to be entitled to compensation for diminution of the rights conferred by that licence— (a) to be agreed between the licensees; or (b) in default of agreement, to be determined by the relevant court. (5) If a special facilities licence is granted over the area of another licence, the Supreme Court may, on application by the holder of the other licence made within 2 months after the grant of the special facilities licence, review the terms and conditions of the special facilities licence and vary them as the Court considers just. (6) The Supreme Court may, in exercising its powers under subsection (5), relocate the area of the special facilities licence or vary the area in some other way.

Part 10

Entry to and use of land

Part 10—Entry to and use of land 60—Right of entry to land A licensee may, subject to this Part— (a) enter land to carry out authorised activities on the land; or (b) enter land for the purpose of gaining access to adjacent land on which the licensee proposes to carry out authorised activities. 61—Notice of entry on land (1) A licensee must, at least 21 days before entering land under this Part, give written notice to each owner of the land, in the form required by the regulations— (a) of the licensee's intention to enter the land; and (b) if the licensee proposes to carry out regulated activities on the land—of the nature of the activities to be carried out on the land. (2) Once notice of entry has been given, a further notice for re-entry of the land is not necessary unless the activities to be carried out on the land differ significantly, in nature or extent, from the activities as described in the previous notice. (3) An owner of land who is entitled to receive a notice under this section may, by written notice furnished to the licensee, reduce the required period of notice. 62—Disputed entry (1) An owner of the land may, by giving notice of objection to the licensee, object to the licensee's proposed entry. (2) A notice of objection must be given within 14 days after the licensee's notice of the proposed entry. (3) If an owner gives notice of objection, the licensee must notify the Minister that entry is disputed. (4) When notice of disputed entry is given, the Minister may attempt to mediate between the parties in order to arrive at mutually satisfactory terms under which the licensee may enter the land and (if relevant) carry out regulated activities on the land. (5) If— (a) the Minister decides against attempting to reach a settlement of the dispute by mediation; or (b) an attempt is made but the dispute is not resolved within a period fixed in the regulations for the purposes of this paragraph, either the licensee or the owner may apply to the Warden's Court for a resolution of the dispute. (6) The Warden's Court may, on an application under this section, determine terms on which the licensee may enter the land and carry out regulated activities on the land. 63—Right to compensation (1) The owner of land is entitled to compensation from a licensee who enters the land and carries out regulated activities under this Act. (2) The compensation payable to an owner of land must be directly related to the owner and will be to cover— (a) deprivation or impairment of the use and enjoyment of the land; and (b) damage to the land (not including damage that has been made good by the licensee); and (c) damage to, or disturbance of, any business or other activity lawfully conducted on the land; and (d) consequential loss suffered or incurred by the owner on account of the licensee entering the land and carrying out regulated activities under this Act. (3) The compensation is not to be related to the value or possible value of regulated resources contained in the land. (3aa) Compensation is not payable under this section to the holder of a tenement under the Mining Act 1971 in relation to— (a) any loss represented by a reduction in the value of any minerals that may be recovered under that tenement; or (b) any other loss, deprivation or impairment of a prescribed kind. (3a) The compensation may include an additional component to cover reasonable costs reasonably incurred by an owner of land in connection with any negotiation or dispute related to— (a) the licensee gaining access to the land; and (b) the activities to be carried out on the land; and (c) the compensation to be paid under subsection (2). (4) The compensation is to be determined by agreement or in default of agreement by the relevant court. (5) In assessing compensation under subsection (3a), costs in connection with any negotiation or dispute will not be taken to be reasonably incurred if they arise during any period when a reasonable offer of compensation is open to be accepted by the relevant owner of land. (6) In assessing compensation payable to an owner of land under this section, any other compensation paid or payable under this or any other Act or law to the owner or any other owner, insofar as is fair, reasonable and appropriate to do so and to the extent that the compensation relates to the same matter, damage or loss (as the case may require), must be taken into account. 64—Right to require acquisition of land (1) If the activities of a licensee on land substantially impair the owner's use and enjoyment of the land, the owner may apply to the relevant court for an order under this section. (2) The court may, on an application under this section— (a) make an order transferring the owner's land to the licensee; and (b) order the licensee to pay to the owner, by way of compensation— (i) an amount equivalent to the market value of the land; and (ii) a further amount the court considers just by way of compensation for disturbance.

Part 11

General provisions about licences

Part 11—General provisions about licences Division 1—General provision about applications 65—Application for licence (1) An application for a licence— (a) must be made in a manner and form determined by the Minister; and (b) if the licence is to contain a mandatory condition requiring the licensee to carry out work in accordance with an approved work program—must be accompanied by a proposed work program for the first term of the licence; and (c) must be accompanied by a statement of the financial and technical resources available to the applicant; and (d) must contain other information required by the Minister; and (e) must be accompanied by the prescribed fee. (1a) If an application for an exploration licence is made in accordance with this Act (the relevant application), the relevant application will, for the purposes associated with its consideration and any grant of an exploration licence on the basis of the application, rank ahead of any other application for an exploration licence for an overlapping area received by the Minister after the time that the Minister received the relevant application. (1b) Subsection (1a) does not apply if the application is in response to a call for tenders under section 22. (1c) A ranking established under subsection (1a) will cease to apply if the Minister cancels the ranking on the ground— (a) that the applicant has failed to comply with a requirement under this Act (in accordance with any relevant time requirement); or (b) that the application is found to be invalid; or (c) that there is some other default, defect or circumstances that the Minister considers is sufficiently significant to warrant the cancellation of the ranking. (2) An application for the renewal of a licence— (a) must be made to the Minister in a manner and form determined by the Minister at least 2 months before the end of the licence term preceding the proposed renewal; and (b) must contain other information required by the Minister; and (c) if the licence contains a mandatory condition requiring the licensee to carry out work in accordance with an approved work program—must be accompanied by a proposed work program for the term of the renewal; and (d) must be accompanied by the prescribed fee. (3) The Minister may require an applicant for the grant or renewal of a licence to provide any further information, documents or materials to assist in assessing and determining the application. (4) If an applicant fails to comply with a requirement under subsection (3) within a reasonable time allowed by the Minister (which must be at least 30 days), the application lapses. (5) If an application for the renewal of a licence is made before the end of the term of the licence, the licence term is extended until the application is determined. (6) Notice of an application for the grant of a production licence, and notice of an application for the grant or renewal of a pipeline licence, associated activities licence or special facilities licence, must be published in the Gazette in accordance with a determination of the Minister before the application is determined. 66—Preconditions of grant or renewal of licence (1) The Minister may offer a licence to a particular applicant on condition that— (a) the applicant is to return the executed licence to the Minister within a specified period; and (b) if the applicant fails to do so—the offer lapses and the licence may be offered to someone else. (2) As a condition of granting or renewing a licence, the Minister may require the applicant to give security, of a kind and amount acceptable to the Minister, for the satisfaction of obligations arising under this Act or the licence. Division 2—Extent of licence exclusivity 67—Application of Division This Division applies to licences of the following classes: (a) exploration licence; (b) retention licence; (c) production licence. 68—Extent to which same area may be subject to different licences (1) A licence to which this Division applies is compatible with another licence to which this Division applies if— (a) 1 relates to a source of geothermal energy and the other does not; or (b) 1 relates to gas storage and the other does not. (3) The same area cannot be simultaneously subject to two or more licences to which this Division applies unless the licences are compatible. (4) For the purposes of this section, if a person who is entitled to the grant of a licence to which this Division applies makes an application for such a licence, the area to which the application relates is to be taken to be subject to a licence to which this Division applies until the application is determined. (5) This section does not derogate from the operation of Division 5. 69—Grant of compatible licence to area already under licence (1) Before the Minister grants a compatible licence in respect of an area that is already wholly or partly subject to a licence to which this Division applies, the Minister must consult with the existing licensee unless— (a) the existing licensee is the person applying for the compatible licence; or (b) the existing licensee's licence, on the day on which the application for the relevant licence is made, had been offered but not yet granted to them by the Minister in accordance with section 66. (2) The Minister must, in acting under subsection (1), seek to consult on— (a) the reasons put forward by the applicant for the grant of the relevant licence; and (b) the legitimate business interests of the holder of the existing licence; and (c) the effect of the operations to be carried out under the proposed licence on the operations carried out under the existing licence; and (d) the operational and technical requirements for the safe, efficient and reliable conduct of operations under both licences, (and the Minister may consult on such other matters as the Minister considers relevant). 70—Interrelationship between rights of licensees under compatible licences If a licensee discovers a regulated resource in an area subject to two or more compatible licences, the rights under this Act in respect of the discovery attach to the licensee who holds a licence for a regulated resource of the relevant kind irrespective of whether that licensee actually made the discovery. 71—Excision of licence areas If— (a) a retention licence is granted to the holder of an exploration licence or a production licence in respect of part only of the area comprised in the earlier licence; or (b) a production licence is granted to the holder of an exploration licence or a production licence in respect of part only of the area comprised in the earlier licence, the area of the new licence is excised from the area of the earlier licence. Division 3—Licence conditions 72—Mandatory conditions A licence must include the conditions designated in this Act as mandatory conditions. 73—Mandatory condition as to use of information etc It is a mandatory condition of every licence that the licensee authorises the Minister— (a) to make use of information and records provided by the licensee under this Act; and (b) to disclose information and records provided by the licensee under this Act as authorised by the regulations. 73A—Mandatory condition as to management system It is a mandatory condition of every licence that the licensee must establish and maintain a management system that complies with any requirements prescribed by the regulations in relation to the regulated activities to be carried out under the licence. 74—Classification of activities to be conducted under licence (1) A licence is to include mandatory conditions dividing the regulated activities to be carried out under the licence into— (a) activities requiring high level official surveillance; or (b) activities requiring low level official surveillance. (2) The activities are to be classified as requiring high level official surveillance unless the licensee satisfies the Minister that, in view of the licensee's demonstrated competence to comply with the requirements of this Act and the conditions of the licence, the activities should be classified as requiring low level official surveillance. (3) The mandatory conditions are to provide as follows: (a) the Minister's prior written approval is required for activities requiring high level official surveillance; and (b) notice of activities requiring low level official surveillance is to be given as required in the conditions or by regulation. (4) The Minister may, by written notice to a licensee, change the classification of activities under the relevant licence conditions. (5) If regulated activities to be conducted under a licence are generally or substantially classified as requiring a low level of official surveillance, the annual licence fee payable for the licence will be reduced by an amount not exceeding 50% of the fee according to a determination of the Minister as to the level of official surveillance required under the licence. 75—Mandatory condition about resources required for compliance with environmental obligations It is a mandatory condition of every licence that the licensee must have adequate technical and financial resources to ensure compliance with the licensee's environmental obligations (including the rehabilitation of land adversely affected by regulated activities carried out under the licence). 76—Discretionary conditions (1) A licence may be granted on other conditions (discretionary conditions) the Minister considers appropriate. (2) The discretionary conditions of the licence may (for example) include a condition requiring the licensee to maintain insurance on terms and conditions approved by the Minister insuring the licensee and the State against obligations arising from regulated activities under the licence. (3) The Minister may add a discretionary condition to a licence, or vary or revoke a discretionary condition of a licence— (a) on the renewal of the licence; or (b) at any other time with the agreement of the licensee. 76A—Suspension of conditions of licence by agreement (1) The Minister may, by agreement with the licensee, suspend, either for a specified period or indefinitely, any of the conditions attached to a licence (including a mandatory condition). (2) The Minister may, as or when the Minister thinks fit, terminate a suspension under subsection (1). (3) If a suspension is put in place under subsection (1), the Minister may, if relevant, by the instrument of suspension or by a later instrument furnished to the licensee, extend the period of the licence by a period not exceeding the period of the suspension. 77—Non-compliance with licence conditions If a licence condition is not complied with, the licensee is guilty of an offence. Division 4—Annual fees 78—Annual fees (1) A licensee must pay to the Minister annually and in advance a fee appropriate to the relevant licence fixed by, or calculated in accordance with, the prescribed scale. (2) If a licensee fails to pay a fee in accordance with subsection (1)— (a) the amount in arrears will, unless the Minister determines otherwise, be increased by penalty interest at the prescribed rate; and (b) the Minister may impose on the licensee a fine of an amount fixed by the Minister up to a limit of $1,000 or 10% of the outstanding fee, whichever is the greater. (3) The Minister may for any proper reason remit penalty interest or a fine imposed under subsection (2) wholly or in part. (4) A fee (and any penalty interest or fine imposed by the Minister under this section) may be recovered as a debt due to the Crown.

Div 5

Reservoir access

Division 5—Reservoir access 79—Access to natural reservoir (1) If— (a) there is a natural reservoir in the area of a licence that is, in the Minister's opinion, suitable for use for the storage of a regulated substance; and (b) a person (the applicant) who is not the holder of the relevant licence seeks access to the natural reservoir for the storage of a regulated substance; and (c) the applicant, after making reasonable attempts to do so, fails to reach agreement with the licensee on terms and conditions of access to and use of the natural reservoir, the Minister may, by notice in writing given to the applicant and the holder of the licence, determine terms and conditions (which the Minister considers to be fair and reasonable commercial terms) on which the applicant is to be entitled to access to and use of the reservoir. (2) In considering whether to make a determination under this section and, if so, the terms and conditions of the determination, the Minister must have regard to— (a) the legitimate business interests of the licensee; and (b) the public interest including the public interest in facilitating competition in markets; and (c) the interests of persons other than the immediate parties to the determination that might be affected by the determination; and (d) the operational requirements for the safe, efficient and reliable use of the natural reservoir; and (e) any other matters the Minister considers relevant. (3) Before making a determination under this section, the Minister must give the interested parties a reasonable opportunity to comment on the proposed determination. (4) A determination under this section is binding on the holder of the licence and the applicant. (5) Access may be granted on terms under which the person to whom the right of access is granted is required to take out a licence for the purpose of exercising the right of access arising under the determination. (6) A party to a determination under this section may appeal against the determination to the Supreme Court. (7) On an appeal under this section— (a) the Court may confirm the Minister's determination; or (b) the Court may cancel the Minister's determination if satisfied that it is not fair and reasonable that the applicant should have access to the natural reservoir; or (c) the Court may vary the terms and conditions of the determination as the Court considers fair and reasonable. (8) The Court may make incidental and ancillary orders (including orders for costs).

Div 6

Grant, resumption etc of land

Division 6—Grant, resumption etc of land 80—Grant, resumption etc of Crown and pastoral land (1) The Minister responsible for the administration of the Crown Land Management Act 2009 may grant unalienated Crown land to a licensee for the purpose of carrying on regulated activities or for purposes incidental to such activities. (2) A statutory power to resume land subject to a lease under the Crown Lands Act 1929 or the Pastoral Land Management and Conservation Act 1989 for a public work or public purpose may be exercised as if the land required for carrying on regulated activities or for purposes incidental to such activities were land required for a public work or a public purpose.

Div 7

Multiple licensees

Division 7—Multiple licensees 81—Multiple licensees (1) If a licence is held by 2 or more persons, they are jointly and severally liable for the obligations of the licensee under this Act. (2) If a licence is held by 2 or more persons, they must, by written notice given to the Minister, nominate a representative (who may—but need not—be one of the licensees) who is authorised to give and receive notices on their behalf. (3) A notice given by or to the authorised representative is taken to have been given by or to all the licensees.

Div 8

Consolidation and division of licence areas etc

Division 8—Consolidation and division of licence areas etc 82—Consolidation of licence areas (1) The Minister may, by agreement with a licensee or prospective licensee, consolidate adjacent licence areas into a single licence area. (2) If a licence or licences have already been issued for 1 or more of the licence areas to be consolidated, the Minister may— (a) vary the licence or licences, and provide for or vary such terms and conditions attaching to the licence or licences as the Minister considers appropriate in view of the consolidation; or (b) amalgamate 2 or more licences, and provide for such terms and conditions attaching to the amalgamated licence as the Minister considers appropriate in view of the consolidation. (2a) The rights of the holder of a licence under subsection (2) are not to be more extensive than those existing under the relevant licence or licences immediately before any variation or amalgamation under that subsection. (a) a reference to a licence area extends to an area for which an application for a licence has been made; and (b) a reference to adjacent licence areas extends to 2 or more areas which are within the vicinity of each other. 83—Division of licence areas (1) The Minister may, by agreement with a licensee, divide a licence area into separate areas so that each becomes subject to a different licence. (2) On dividing a licence area, the Minister— (a) may vary the existing licence by excising part of the licence area and issue a new licence for the balance of the area (on terms and conditions the Minister considers appropriate and for a term equal to the balance of the term of the existing licence); or (b) issue new licences in place of the existing licence (each of which is then taken to be a continuation, in part, of the existing licence). (2a) The rights of the holder of the licence issued under subsection (2) are not to be more extensive than those existing under the relevant licence immediately before any division under this section. (3) If the area to which an exploration licence relates is divided, there must be no reduction of the aggregate work to be carried out. (4) Each of the following will be taken to be an original licence area for the purposes of section 26(3): (a) the area remaining after an excision under subsection (2)(a); (b) the area of any new licence under subsection (2)(a) or (b).

Div 9

Record keeping and reporting requirements

Division 9—Record keeping and reporting requirements 84—Records to be kept by licensee (1) A licensee must maintain— (a) a record of all regulated activities carried out under the licence including, where appropriate, maps and plans; and (b) a record of the results of regulated activities carried out under the licence, including the results of the analysis of geological samples; and (c) a record of compliance audits by internal or external auditors required under the regulations; and (ca) a record of their approved statement of environmental objectives under section 99; and (d) other records as required by the regulations. (2) The licensee must provide the Minister with a copy of the records kept under this section at the times required by the regulations or by the Minister by written notice given to the licensee. 85—Reporting of certain incidents (1) A licensee must report an immediately reportable incident to the Minister as follows: (a) an initial report must be provided to the Minister, in a manner and form prescribed by the regulations, within 24 hours after the licensee becomes aware of the occurrence of the incident; (b) a comprehensive report must be provided to the Minister, in a manner and form prescribed by the regulations— (i) unless subparagraph (ii) applies—within 3 months after the licensee becomes aware of the occurrence of the incident; or (ii) within a period specified by the Minister and notified to the licensee in a particular case. (2) A licensee must, in a manner and form, and within the period, prescribed by the regulations, report a reportable incident to the Minister. immediately reportable incident means— (a) an incident arising from activities conducted under a licence specified in the relevant statement of environmental objectives to be an immediately reportable incident; or (b) any other matter brought within the ambit of this definition by the regulations; reportable incident means— (a) an incident (not being an immediately reportable incident) arising from activities conducted under a licence specified in the statement of environmental objectives to be a reportable incident; or (b) any other matter brought within the ambit of this definition by the regulations. 86—Information to be provided by licensee (1) A licensee must, if requested to do so by the Minister by written notice, in the manner specified in the notice, provide to the Minister information or material relevant to carrying out regulated activities under this Act as specified in the notice. (2) A licensee must provide the Minister with any other information reasonably requested by the Minister within the time specified in the request. (3) If the Minister considers the provision of the information requested under subsection (2) essential in the public interest, and gives an intimation to that effect in the request, non-compliance with the request is a summary offence punishable on conviction by a fine not exceeding $120,000. (4) A licensee must, if requested to do so by the Minister, provide the Minister with an expert report, within the time specified in the request, verifying information provided to the Minister by the licensee. (5) A request under subsection (4) must either nominate the person by whom the expert report is to be prepared or state the nature of the qualifications and experience that the person who prepares the report must possess. (5a) Any cost associated with complying with a requirement under this section is to be borne by the licensee. (6) A reference in this section to a licensee extends to a former licensee. (7) A requirement under any other provision of this Act to provide any information or report extends to a former licensee to the extent that the information or report is reasonably required in connection with the operation or administration of this Act.

Div 9A

Change in control of holder of licence

Division 9A—Change in control of holder of licence 86AA—Interpretation (1) In this Division— (a) a person acts jointly with another person if the person acts or is accustomed to acting, in agreement with, or in accordance with the wishes of, the other person; and (b) the approval period for a change in control of the holder of a licence is the period— (i) commencing on the day on which notice of approval of an application for the change in control is given; and (ii) ending— (A) immediately after the change in control takes effect; or (B) if the approval of a change in control is revoked—on the day on which notice of the revocation of the change in control is given; or (C) 9 months after the day on which notice of approval of the change in control is given, whichever is the earlier; and (c) there is a change in control of the holder of a licence if— (i) 1 or more persons (the original controllers) control the holder of the licence at a particular time; and (ii) either— (A) 1 or more other persons begin to control the holder of the licence (whether alone or together with 1 or more other persons the person or persons act jointly with) after that time; or (B) an original controller (whether alone or together with 1 or more other persons the person acts jointly with) ceases to control the holder of the licence after that time; and (d) a person controls the holder of a licence if the person (whether alone or together with 1 or more other persons the person acts jointly with)— (i) holds the power to exercise, or control the exercise of, 20% (or such other percentage as may be prescribed by the regulations for the purposes of this subparagraph) or more of the voting rights in the holder of the licence; or (ii) holds, or holds an interest in, 20% (or such other percentage as may be prescribed by the regulations for the purposes of this subparagraph) or more of the issued securities in the holder of the licence. (2) It is the intention of the Parliament that this Division apply within the State and outside the State to the full extent of the extraterritorial legislative capacity of the Parliament. 86AAB—Approval of change in control of holder of licence (1) An application for approval for a change in control of the holder of a licence must— (a) be made in a manner and form determined by the Minister; and (b) be accompanied by the prescribed fee; and (c) be accompanied by such information as the Minister may require (which must be provided within a period determined by the Minister and notified to the applicant). (2) In considering an application for approval for a change in control under this section, the Minister must have regard to— (a) whether the technical capability and financial resources available to the holder of the licence after the change in control takes effect are sufficient to— (i) carry out the operations and works that are authorised under the licence; and (ii) discharge the obligations that are imposed under this Act in relation to the licence; and (b) any other matters prescribed by the regulations, and may have regard to any other matters the Minister thinks relevant. (3) The Minister may, by written notice to an applicant under this section— (a) approve the application; or (b) refuse the application. (4) The Minister may, during the approval period for a change in control of the holder of a licence, by written notice to an applicant under this section, revoke the approval. 86AAC—Offences (1) If— (a) there is a change in control of the holder of a licence; and (b) — (i) the Minister has not approved the change in control under this section; or (ii) the Minister has given an approval under this section but the change in control took effect after the end of the approval period for the change in control, the person who begins to control, or ceases to control, the holder of the licence is guilty of an offence. Maximum penalty: $250 000. (2) A person does not commit an offence against subsection (1) if the person did not know, and could not reasonably be expected to have known, that the change in control had taken effect. (3) If— (a) there is a change in control of the holder of a licence; and (b) — (i) the Minister has not approved the change in control under this section; or (ii) the Minister has given an approval under this section but the change in control took effect after the end of the approval period for the change in control; and (c) the holder of the licence knows or ought reasonably to know that the change in control has taken effect; and (d) the holder of the licence does not notify the Minister of the change in control within 30 days of the change taking effect, the holder of the licence is guilty of an offence. Maximum penalty: $250 000. (4) If a person commits an offence against subsection (1), the Minister may, by written notice to the holder of the licence to which the change in control took effect, cancel the licence.

Div 10

General requirements for operations

Division 10—General requirements for operations 86A—Fitness for purpose assessment (1) A licensee must carry out a fitness for purpose assessment of prescribed facilities operated on land within the area of the licence at intervals prescribed by the regulations in order to assess the risk imposed by the prescribed facilities on— (a) public health and safety; and (b) the environment; and (c) the security of production or supply of natural gas (so far as this may be relevant). (3) An assessment under this section must comply with any requirements prescribed by the regulations. (4) The licensee must prepare a report on the assessment in a manner and form determined by the Minister and furnish a copy of the report to the Minister in accordance with the regulations. (5) A report under this section must comply with any other requirements prescribed by the regulations. (6) A licensee must promptly carry out any remedial action that is necessary or appropriate in view of a report under this section (and, in particular, must ensure that any identified risks are eliminated or reduced so far as is reasonably practicable). (7) A licensee who fails to comply with a requirement under this section is guilty of an offence. Maximum penalty: $120 000. (8) In this section— prescribed facility means— (a) a transmission pipeline; or (b) a pipeline or flowline; or (c) a road or access track; or (d) any equipment to be used in the production, generation or processing of a regulated substance or a regulated resource; or (e) a water disposal pond; or (f) a well; or (g) an airstrip; or (h) a power line; or (i) telecommunications infrastructure, other than mobile telecommunications equipment; or (j) permanent fencing; or (k) any other thing brought within the ambit of this definition by the regulations. 87—Activities to be carried out with due care and in accordance with good industry practice A licensee must carry out regulated activities— (a) with due care for— (i) the health and safety of persons who may be affected by those activities; and (ii) the environment; and (iii) where relevant—the need to ensure, in a case where interruption of natural gas supply could cause significant social disruption, that facilities for processing and transporting natural gas are designed, constructed, managed and operated on a prudential basis so as to provide a reliable and adequate supply of natural gas; and (b) in accordance with good practice as recognised in the relevant industry.

Div 11

Minister's power to carry out work

Division 11—Minister's power to carry out work 88—Ministerial direction (1) The Minister may, by notice in writing given to a licensee, direct the licensee— (a) to carry out specified obligations under this Act or the licence; or (ab) to take specified action required to ensure obligations under this Act or the licence are met; or (b) to cease specified activities that are contrary to this Act or the licence. (1a) A notice under subsection (1)— (a) must specify the Minister's reasons for giving the direction; and (b) must allow a reasonable time for compliance with the direction. (2) The licensee must comply with a direction under subsection (1) within the time allowed in the notice. (3) If the licensee fails to comply with a direction under subsection (1)(a) within the time allowed in the notice, the Minister may take the required action, or arrange for the required action to be taken, and recover the cost, as a debt, from the licensee.

Div 12

Surrender, suspension or cancellation of licence

Division 12—Surrender, suspension or cancellation of licence 89—Surrender (1) A licensee may apply to the Minister to surrender the licence or to surrender part of the licence area. (2) The Minister may accept the surrender as from a date specified by the Minister in a notice of acceptance of the surrender given to the applicant. (3) If the licensee surrenders part of the licence area, the licence continues in relation to the remainder of the licence area subject to any modification of its conditions that the Minister considers appropriate in view of the surrender. (4) The Minister may accept a surrender on any one or more of the following conditions: (a) that the applicant rehabilitate land affected by activities conducted under the licence; (b) that the applicant pay any monetary obligations incurred before the surrender; (c) that the applicant provide information that should have been, but has not been, provided before the surrender. 90—Suspension of licence by agreement The Minister may, by agreement with the licensee, suspend a licence for a specified period. 91—Disciplinary power to suspend or cancel licence (1) If a licensee fails to comply with this Act or a condition of the licence, the Minister may, by written notice given to the licensee— (a) suspend the licence for a specified period or until the Minister terminates the suspension; or (b) cancel the licence. (2) Before the Minister suspends or cancels the licence, the Minister must give the licensee a notice of default— (a) specifying the default; and (b) stating the action that the Minister proposes to take; and (c) if the default is capable of being remedied—allowing the licensee a reasonable opportunity to remedy the default; and (d) whether or not the default is capable of being remedied—giving the licensee a reasonable opportunity to show cause why the proposed action should not be taken. (3) If the notice allows the licensee an opportunity to remedy a default, and the licensee remedies the default to the Minister's satisfaction, the Minister is not to suspend or cancel the licence on the basis of that default. 91A—Assignment of liability or obligation of licensee on surrender or cancellation of licence (1) The Minister may, on application by a licensee before a licence is surrendered or cancelled under this Division, agree to the assignment of a liability or obligation of the licensee under this Act to a third party on terms and conditions determined by the Minister. (2) An agreement under subsection (1) must be in a form, and address any matter, determined by the Minister.

Div 12A

Extension of term or reinstatement of licence

Division 12A—Extension of term or reinstatement of licence 91B—Extension of term of licence (1) This section applies in relation to— (c) a production licence; or (d) a pipeline licence; or (e) an associated activities licence; or (f) a special facilities licence. (2) Without limiting any other provision of this Act, the Minister may at any time extend the term of a licence to which this section applies if the Minister considers— (a) that the holder of a licence to which this section applies has contravened a provision of this Act; and (b) that the term of the licence should be extended in order to support the requirement that the licensee take action— (i) to rehabilitate land in accordance with the requirements of a statement of environmental outcomes; or (ii) to rehabilitate land to a standard required to secure compliance with a condition of the relevant licence; or (iii) to prevent or address undue damage to the environment, (including to the land or environment outside the area of the licence). (3) If the Minister extends the term of a licence to which this section applies under subsection (2), the licensee must only undertake activities during the extended term that give effect to the requirements referred to in subsection (2)(b). (4) The Minister must take reasonable steps to consult with the relevant licence holder before acting under subsection (2). (5) The Minister may, in acting under this section— (a) reduce the area of the licence to an area that is smaller than the area of the original licence at the time of its expiry; and (b) confer rights of access to, and use of, land to which the licence relates on terms and conditions specified in the licence. (6) The Minister must ensure that a notice of the extension of the term of a licence under this section is given to the licence holder and the owner of the land. 91C—Reinstatement of licence (1) This section applies in relation to— (c) a production licence; or (d) a pipeline licence; or (e) an associated activities licence; or (f) a special facilities licence, (being a licence that has expired). (2) This section sets out a scheme that will allow the Minister to reinstate a licence to which this section applies that has expired. (3) The Minister may act under this section if the Minister considers— (a) that the holder of a licence to which this section applies has contravened a provision of this Act; and (b) that the licence should be reinstated in order to support the requirement that the licensee take action— (i) to rehabilitate land in accordance with the requirements of a statement of environmental objectives; or (ii) to rehabilitate land to a standard required to secure compliance with a condition of the licence; or (iii) to prevent or address undue damage to the environment, (including to the land or environment outside the area of the licence). (4) In connection with subsection (3), the only activities that the licensee may undertake during the period of the reinstatement are activities to give effect to the requirement referred to in subsection (3)(b). (5) The Minister may act under this section despite the cessation of regulated activities under a licence on or before the expiration of the relevant licence. (6) If the Minister decides to act under this section— (a) the licence will be taken to have been reinstated from the date on which the licence expired or from a later date determined by the Minister; but (b) any section of this Act prescribed by the regulations will not apply in relation to the licence. (7) The Minister may, in acting under this section— (a) reinstate a licence in relation to an area that is smaller than the area of the original licence at the time of its expiry; and (b) confer rights of access to and use of land to which the licence relates on terms and conditions specified in the licence. (8) The term of the licence, as reinstated under this section, will be— (a) a term determined by the Minister; or (b) a term that expires at some later time on a date to be determined by the Minister. (9) The Minister reinstates a licence under this section by notice in the Gazette. (10) The Minister must ensure that a notice of the reinstatement of a licence under this section is given to the licensee and the owner of the land.

Div 13

Notice of grant etc of licence

Division 13—Notice of grant etc of licence 92—Notice to be published in Gazette (1) Notice of the grant, suspension or cancellation of a licence is to be published in the Gazette. (2) Notice of the surrender of a licence or part of a licence area is to be published in the Gazette.

Div 14

Interference with regulated activities

Division 14—Interference with regulated activities 93—Obligation not to interfere with regulated activities A person must not (except as authorised under this Act) interfere with regulated activities lawfully conducted under a licence. Maximum penalty: $150 000.

Div 15

Safety net

Division 15—Safety net 94—Safety net (1) The Minister may enter into an agreement with a licensee— (a) that, if the licence should at some future time be found to be wholly or partially invalid due to circumstances beyond the control of the licensee, the licensee will have a preferential right to the grant of a new licence; and (b) dealing with the terms and conditions on which the new licence will be granted. (2) The Minister must consider any proposal by a licensee for an agreement under this section.

Part 12

Environment protection

Part 12—Environment protection Division 1—Objects 95—Objects (1) The object of this Part is to ensure that, in carrying out regulated activities, licensees— (a) ensure that regulated activities that have (actually or potentially) adverse effects on the environment are properly managed to reduce environmental damage as far as reasonably practicable; and (b) eliminate as far as reasonably practicable risk of significant long term environmental damage; and (c) ensure that land adversely affected by regulated activities is properly rehabilitated. (2) The Minister must, in acting under this Part, have regard to, and seek to further, the objects of the Landscape South Australia Act 2019. Division 2—Environmental prerequisites 96—Pre-conditions of regulated activities A licensee must not carry out regulated activities unless a statement of environmental objectives is in force for the relevant activities under this Part.

Div 2A

Environmental impact assessment criteria

Division 2A—Environmental impact assessment criteria 96A—Environmental impact assessment criteria (1) The Minister must, by notice in the Gazette, determine criteria (the environmental impact assessment criteria) against which the environmental impact of regulated activities is to be assessed for the purposes of this Part. (2) The Minister may, in accordance with any requirements prescribed by the regulations, undertake a review of the environmental impact assessment criteria determined under this section. Division 3—Environmental impact report 97—Environmental impact report (1) An environmental impact report on regulated activities must be prepared in accordance with the regulations. (2) An environmental impact report— (a) must take into account cultural, amenity and other values of Aboriginal and other Australians insofar as those values are relevant to the assessment; and (b) must take into account risks inherent in the regulated activities to the health and safety of the public; and (c) must contain sufficient information to make possible an informed assessment of the likely impact of the activities on the environment. (3) An environmental impact report— (a) may relate to regulated activities generally or a particular class of regulated activities; and (b) may be applicable to the whole of the State or be limited to a particular part of the State. (4) An environmental impact report must include an assessment of the environmental impact of regulated activities to which the report applies against the environmental impact assessment criteria. (5) An assessment under subsection (4) must be made in a manner, and comply with any requirements, determined by the Minister or prescribed by the regulations. (6) A licensee must undertake consultation on the proposed environmental impact report in accordance with the requirements of the regulations. Division 4—Statements of environmental objectives 99—Statement of environmental objectives (1) A statement of environmental objectives for regulated activities— (a) must be prepared in accordance with the requirements prescribed by the regulations; and (b) must be submitted to the Minister for approval. (2) If the Minister directs that an approved statement of environmental objectives should be revised, a revised statement of environmental objectives— (a) must be prepared in accordance with the requirements prescribed by the regulations; and (b) must be submitted to the Minister for approval. (3) A licensee must undertake consultation on the proposed statement of environmental objectives in accordance with the requirements prescribed by the regulations. 100—Content of statement of environmental objectives (1) A statement of environmental objectives for regulated activities— (a) must state environmental objectives that must be achieved in carrying out regulated activities to which the statement applies; and (b) must state criteria to be applied to determine whether the stated environmental objectives have been achieved in a particular case; and (c) must set out— (i) leading performance criteria; and (ii) immediately reportable incidents and reportable incidents (both within the meaning of section 85); and (d) must contain such other information as prescribed by the regulations. (2) One of the environmental objectives must be the rehabilitation of land adversely affected by regulated activities. (4) A statement of environmental objectives— (a) may be generally applicable throughout the State; or (b) may be limited to a specific part of the State. 101—Approval of statement of environmental objectives (1) The Minister may— (a) approve a statement (or revised statement) of environmental objectives without amendment; or (b) after consultation with the licensee—require amendment to a statement (or revised statement) of environmental objectives or the environmental impact report on which the statement is based. (2) If a statement (or revised statement) of environmental objectives is required to be amended under subsection (1)(b), but not substantially, the Minister may approve it in its amended form but, if it is substantially amended, the Minister must undertake public consultation in accordance with section 105A until it is approved without further substantial amendment. (3) When the Minister approves a statement (or revised statement) of environmental objectives, the Minister must give notice of the approval in the Gazette. (4) The statement (or revised statement) of environmental objectives comes into force when notice of its approval is published in the Gazette or on a later date specified in the notice of approval. (5) When a revised statement of environmental objectives comes into force it supersedes the previous statement of environmental objectives for the relevant regulated activities. 102—Review of statement of environmental objectives (1) An approved statement of environmental objectives must be reviewed— (a) if the Minister directs that the statement of environmental objectives be reviewed; or (b) if a review is required at a time, or in circumstances, prescribed by the regulations. (2) A review must be conducted— (a) in accordance with any requirements prescribed by the regulations; and (b) taking into account the requirements of section 100; and (c) within a period prescribed by the regulations. (3) A statement of environmental objectives that is revised as a result of a review undertaken under this section must be submitted to the Minister in accordance with any requirements prescribed by the regulations. (4) The Minister may, on receipt of a revised statement of environmental objectives submitted to the Minister under this section— (a) approve the revised statement of environmental objectives without amendment; or (b) require amendments to the revised statement of environmental objectives after consultation with the licensee. (5) If a revised statement of environmental objectives submitted to the Minister under this section is required to be amended under subsection (4)(b), but not substantially, the Minister may approve it in its amended form but, if it is substantially amended, the Minister must undertake public consultation in accordance with section 105A until it is approved without further substantial amendment. 103A—Specially protected areas (1) If a statement (or revised statement) of environmental objectives applies to a specially protected area or the Murray‑Darling Basin, the Minister must not approve the statement (or revised statement) without the concurrence of the relevant Minister. (2) If the Minister to whom the administration of this Act is committed and the relevant Minister cannot reach agreement, the Ministers must take steps to refer the matter to the Governor and the Governor will determine the matter (and any decision taken by the Governor will be taken to be a decision of the Minister under this Act). 104—Commencement of statement of environmental objectives (1) When the Minister approves a statement (or a revised statement) of environmental objectives, the Minister must have notice of the approval published in the Gazette. (2) The statement (or revised statement) of environmental objectives comes into force when notice of its approval is published in the Gazette or on a later date stated in the notice of approval. (3) When a revised statement of environmental objectives comes into force it supersedes the previous statement of environmental objectives for the relevant regulated activities. 105—Licensee must comply with statement of environmental objectives (1) It is mandatory condition of every licence that the licensee must comply with an approved statement of environmental objectives relevant to activities carried out under the licence.

Div 4A

Consultation by Minister

Division 4A—Consultation by Minister 105A—Consultation by Minister on environmental impact report and statement of environmental objectives (1) Subject to this Part, the Minister must, in accordance with the requirements prescribed by the regulations, undertake public consultation on— (a) the environmental impact report; and (b) a statement (or revised statement) of environmental objectives. (2) Without limiting subsection (1), regulations made under this section may address the following: (a) the manner and form in which the Minister is to give notice to members of the public that consultation is to occur; (b) the manner in which the environmental impact report or statement (or revised statement) of environmental objectives may be made available to members of the public; (c) the manner in which submissions are to be made to the Minister and the time before which submissions must be provided to the Minister (which must be not less than 30 business days from the day on which notice is given under paragraph (a)); (d) the publication of submissions by the Minister (including that the Minister may refuse to publish submissions on grounds that the submissions are irrelevant, offensive or on any other grounds that the Minister thinks fit); (e) any action that must be undertaken by the licensee as a result of, or in response to, the consultation. (3) Subject to the regulations, in determining whether or not to approve a statement (or revised statement) of environmental objectives, the Minister must have regard to any submissions received under this section. Division 5—The environmental register 106—Environmental register (1) The Minister must maintain an environmental register. (2) The register must contain— (a) a copy of every environmental impact report prepared for the purposes of this Act; and (b) a copy of the current environmental impact assessment criteria; and (c) a copy of every current statement of environmental objectives approved under this Act and a copy of the environmental impact report on which the statement is based; and (d) a copy of a report of a prescribed kind submitted by the licensee in connection with a statement (or revised statement) of environmental objectives; and (e) any other document prescribed by the regulations. 107—Environmental register to be available for inspection (1) The environmental register is to be available for inspection, without fee, during ordinary office hours at a public office, or public offices, determined by the Minister. (2) The Minister must ensure that copies of material on the environmental register can be purchased for a reasonable fee at the public office, or public offices, at which the register is kept available for inspection. (3) The Minister must ensure that the environmental register can be inspected at the department's website. Division 6—General provisions for environmental protection 108—Environmental directions (1) If, in the Minister's opinion, regulated activities are being conducted in a way that results in, or that is reasonably likely to result in— (a) undue damage to the environment; or (b) a breach of a statement of environmental objectives; or (c) any other breach of this Act, the Minister may, by written notice given to a licensee (an environmental direction), direct that action be taken to comply with specified requirements to prevent or minimise damage to the environment (to the extent necessary to address the relevant matter arising under paragraph (a), (b) or (c)). (2) An environmental direction may impose any requirement reasonably required for the purpose for which the direction is issued including 1 or more of the following: (a) a requirement that a person specified or identified in the direction discontinue, or not commence, a specified activity indefinitely or for a specified period or until further notice from the Minister or an authorised officer; (b) a requirement that a person specified or identified in the direction take specified action in a specified way, and within a specified period or at specified times or in specified circumstances; (c) a requirement that a person specified or identified in the direction take action to prevent or minimise any damage to the environment, or to control any specified activity; (d) a requirement that a person specified or identified in the direction undertake specified tests or monitoring and, in relation to such a requirement— (i) a requirement that the tests or monitoring be carried out by a person with specified qualifications or experience; or (ii) a requirement that a report or reports be provided to the Minister, or to any other specified person; (e) a requirement that a person specified or identified in the direction take specified action to rehabilitate or restore any land; (f) a requirement that a person specified or identified in the direction prepare a plan of action (that complies with any specified requirements and to the satisfaction of the Minister) to prevent or address— (i) undue damage to the environment; or (ii) a breach of a statement of environmental objectives; or (iii) any other breach of this Act; (g) a requirement that a person specified or identified in the direction provide the Minister with specified results or reports. (3) An environmental direction must— (a) specify the grounds on which the direction is issued; and (b) allow a reasonable time for compliance with the direction. (4) A person to whom an environmental direction relates must comply with the direction within the time specified in the direction. (5) The Minister may, after giving an environmental direction, review the adequacy of the relevant statement of environmental objectives and, if it appears on the review that a revised statement of environmental objectives is appropriate, the Minister may take the necessary steps to have a revised statement of environmental objectives prepared and brought into force. (6) The Minister must ensure that the owner of land is notified of an environmental direction. 109—Rehabilitation directions (1) The Minister may direct, by written notice given to a licensee (a rehabilitation direction), that action be taken— (a) — (i) to rehabilitate land in accordance with the requirements of a statement of environmental objectives; or (ii) to rehabilitate land to a standard required to secure compliance with a condition of the relevant licence, (including land outside the area of the licence); or (b) to remove decommissioned equipment and facilities. (2) A rehabilitation direction— (a) must specify the grounds on which the direction is issued; and (b) must allow a reasonable time for compliance with the direction. (3) A licensee must comply with a rehabilitation direction within the time allowed in the direction. (4) For the purposes of this section, a rehabilitation direction may be issued at any time (including after a licence has expired or been cancelled or surrendered) and a reference to a licensee extends (in all cases) to the holder of a licence that has since expired, or has been cancelled or surrendered (but, in such a case, a notice may only be given to the person who was the holder of the licence immediately before its expiration, cancellation or surrender). (5) The Minister must ensure that the owner of land is notified of a rehabilitation direction. 110—Application for review of direction (1) The licensee or former licensee required to comply with a direction under this Division may apply to the ERD Court for a review of the direction within 14 days after receiving the direction. (2) Unless the Court decides to the contrary, an application for review of a direction under this Division does not suspend operation of the direction. (3) On review of a direction under this Division, the ERD Court may— (a) confirm the direction (with or without modification); or (b) revoke the direction. 111—Liability for damage caused by authorised activities (1) A licensee (or former licensee) is liable to compensate the State for the cost of environmental rehabilitation the State is reasonably required to carry out as a result of serious environmental damage, or the threat or potential of serious environmental damage (insofar as this may be reasonably assessed), arising from activities carried out under the licence. (2) If a licensee provides the Minister with a report, made by an independent expert acceptable to the Minister, containing an assessment of the risk inherent in regulated activities, and of the precautions necessary to eliminate or minimise the risk, the Minister may enter into an agreement with the licensee under which— (a) the licensee is obliged to take specified precautions to eliminate or minimise the risk; and (b) the licensee's liability under this section is limited or excluded. (2a) A report under subsection (2) must be made in a manner, and comply with any requirements, determined by the Minister and notified to the licensee. (3) The Minister may recover compensation on behalf of the State under this section in a court having jurisdiction in cases of tort up to the amount claimed.

Part 13

Registrable dealings

Part 13—Registrable dealings Division 1—Registrable dealings 112—Registrable dealings The following are registrable dealings: (a) any transaction under which the interest conferred by a licence is mortgaged, charged, or made the security for a liability; (b) a joint venture agreement, farm in agreement, joint operating agreement or other transaction under which a person acquires, or may acquire, an interest in— (i) resources discovered, utilised or recovered under an exploration, retention or production licence; or (ii) the proceeds of any business conducted under a licence; (c) the transfer or assignment of a licence or an interest in a licence. 113—Requirement for approval and registration of registrable dealings (1) A registrable dealing cannot take effect unless the Minister has approved and registered the dealing. (2) However, the terms of a registrable dealing may provide that, on approval by the Minister, it takes effect retrospectively from a specified date. 114—Application for approval (1) A party to a registrable dealing may apply to the Minister for approval and registration of the dealing. (2) An application for approval and registration of a registrable dealing— (a) must be made in writing to the Minister; and (b) must be accompanied by a copy of the instrument effecting the dealing; and (c) must be accompanied by the information and materials required under the regulations; and (d) must be accompanied by the prescribed fee. (3) On approving a registrable dealing, the Minister must register the dealing in the appropriate register. Division 2—The public register 115—Public register (1) The Minister must maintain a public register of licences. (2) The register must contain— (a) the terms and conditions of each licence issued under this Act; and (b) the name of the licensee; and (c) an accurate description of the licence area or in the case of a pipeline licence the route of the pipeline; and (d) a note of any registrable dealing affecting the licence; and (e) any other information (other than commercially sensitive information) the Minister considers appropriate to the public register. (3) The public register may be kept in the form of a computer record. 116—Public register to be available for inspection (1) The public register is to be available for inspection, without fee, during ordinary office hours at a public office, or public offices, determined by the Minister. (2) The Minister must ensure that copies of material on the public register can be purchased for a reasonable fee at the public office, or public offices, at which the register is kept available for inspection. (3) The Minister must ensure that the public register can be inspected at the department's website (but is not required to have available for inspection on the website material that was included in the register before the commencement of this Act unless the Minister has the material in the form of electronic data). Division 3—The commercial register 117—Commercial register (1) The Minister must maintain a commercial register. (2) The commercial register must contain, in relation to each licence— (a) a copy of each document, related to the licence, effecting or recording the terms of a registrable dealing; and (b) other information the Minister considers appropriate to the commercial register. (3) The commercial register may be kept in the form of a computer record. 118—Authority to search register (1) A person is entitled to have access to the material included in the commercial register, on payment of the prescribed inspection fee, if the access is authorised by— (a) a person who has a legal or equitable interest in the relevant licence or registered dealing; or (b) the Minister. (2) The Minister must not authorise access under subsection (1)(b) unless the Minister has consulted with the licensee to whom the material relates and is satisfied that access should be authorised in the public interest.

Part 14

Investigation and enforcement

Part 14—Investigation and enforcement 119—Authorised investigations An investigation by an authorised officer is an authorised investigation if the purpose of the investigation is— (a) to monitor compliance with this Act; or (b) to gather information about a suspected offence against this Act; or (c) to gather information about personal injury or loss of property related to authorised activities; or (d) to gather information about the environmental impact of authorised activities; or (e) to gather other information relevant to the administration or enforcement of this Act. 120—Powers of entry and inspection (1) For the purpose of carrying out an authorised investigation, an authorised officer may— (a) enter land, and inspect the land and any operations or activities conducted on the land; or (b) examine anything on the land; or (c) take photographs, films or videos; or (d) carry out tests on wells, facilities and equipment; or (e) take and remove samples; or (f) take and remove any thing that may be evidence of non-compliance with this Act. (2) A person must not, without reasonable excuse, obstruct an authorised officer in the exercise of powers under this section. (3) A person must give an authorised officer such assistance as is reasonably required for the effective exercise of a power conferred by this section. Maximum penalty: $10 000 or imprisonment for 6 months. 121—Power to gather information (1) An authorised officer may require a person who may be in a position to provide information relevant to any matter subject to an authorised investigation— (a) to answer a question relevant to the investigation; or (b) to take reasonable steps to obtain information relevant to the investigation and to pass it on to the authorised officer. (2) A person required to answer a question under this section must answer the question to the best of the person's knowledge, information and belief. (3) A person of whom a requirement is made under subsection (1)(b) must comply with the requirement. (4) A person is not required to answer a question or to provide information under this section if the answer to the question or the information would tend to incriminate the person of an offence and the person objects to answering the question or providing the information on that ground. 122—Production of records (1) This section applies to records relating to— (a) authorised activities; or (b) the production of a regulated substance; or (c) the sale of, or any other dealing with, a regulated substance produced under this Act; or (d) other matters relevant to the calculation of the royalty payable on any such substance; or (e) matters relevant to the calculation of rent payable by the holder of a licence under this Act. (2) A person who has possession or control of a record to which this section applies must, at the request of an authorised officer— (a) produce the record for inspection by the authorised officer; and (b) answer any questions that the authorised officer reasonably asks about the record. (3) An authorised officer may retain records produced under this section for the purpose of making copies of them. 123—Publication of results of investigation (1) The Minister may publish a report setting out the results of an authorised investigation. (2) A report published under this section is protected by absolute privilege. (3) Information on the authorised investigations carried out during the course of a year must be included in a report published by the department on an annual basis.

Part 15

Reconsideration and reviews

Part 15—Reconsideration and reviews Division 1—Application of this Part 124—Decisions etc subject to review The following are reviewable administrative acts: (a) a decision to grant or refuse an application for a licence; (b) a decision to refuse an application for the renewal of a licence; (c) a decision to impose licence conditions or about the nature of licence conditions; (d) a decision to suspend or cancel a licence; (e) a determination requiring the holder of a pipeline licence to provide access to the pipeline or a decision not to make such a determination; (ea) a decision to refuse an application, or revoke an approval, for a change in control in the holder of a licence under section 86AAB; (f) a direction to a licensee or former licensee under this Act; (g) a decision about the material to be included in or excluded from a register kept under this Act; (h) the imposition of an administrative penalty; (i) the imposition of penalty interest or a fine on account of a failure to pay royalty, rent or an annual licence fee under this Act. Division 2—Reconsideration 125—Application for reconsideration (1) A person directly affected by a reviewable administrative act may, within 14 days after receiving notice of the act, apply to the Minister for reconsideration. (2) A person is not to be regarded as directly affected by a decision to grant or refuse an application for a licence unless the person was an applicant for the licence. (3) An application under this section— (a) must be made in writing; and (b) must set out in detail the grounds on which the applicant asks for reconsideration of the administrative act. (4) An application under this section will not postpone the effect of the reviewable administrative act unless the Minister decides that it should do so and suspends its operation accordingly. 126—Constitution of advisory committee (1) On receipt of an application for reconsideration of a reviewable administrative act, the Minister will constitute an advisory committee to advise on whether the administrative act should be altered or revoked. (2) The advisory committee will consist of people with experience relevant to the questions the committee is to consider. (3) A person who is a member of the department, or who has a direct or indirect interest in a licence in force under this Act, is not eligible for appointment to an advisory committee. (4) However, the Minister need not constitute an advisory committee to advise on an application if of the opinion that— (a) the application is frivolous or vexatious; or (b) the application does not raise issues on which the Minister requires external advice. 127—Minister's decision on application for reconsideration (1) The Minister will, after considering the advice of the advisory committee (if any), decide the application for reconsideration and, in doing so, may confirm, vary or revoke the relevant administrative act. (2) If an advisory committee was constituted, the Minister is bound to consider its advice but is not bound by the advice. (3) The Minister must give the applicant written notice of the Minister's decision on the application. Division 3—Reviews 128—Reviews (1) An applicant who is dissatisfied with the Minister's decision on an application for reconsideration under this Part may apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for a review of the Minister's decision. (2) An application for review must be made within 1 month after the applicant receives notice of the Minister's decision. Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.

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1 Energy Resources Act 2000

South Australia Energy Resources Act 2000 An Act to regulate exploration for, and the recovery, production, transmission, storage and management of, certain energy resources, and for other purposes.

Contents Part 1—Preliminary Division 1—Formal 1 Short title Division 2—Objects of Act 3 Objects Division 3—Interpretation 4 Interpretation Division 4—Rights of the Crown 5 Rights of the Crown Part 2—Administration Division 1—The Minister 6 Administration 6A Interaction with other legislation 7 Delegation Division 2—Authorised officers 8 Authorised officers 9 Identity cards Division 3—Authorised investigation or survey 9A Authorised investigation or survey Part 3—Licensing regulated activities Division 1—Requirement for licence 10 Regulated activities 11 Requirement for licence Division 1A—Hydraulic Fracturing 11A Moratorium on hydraulic fracturing Division 2—Grant of licence 12 General authority to grant licence 13 Licence classes 13A Licence is not personal property for the purposes of Commonwealth Act Division 3—Preliminary survey licence 14 Preliminary survey licence 15 Term of preliminary survey licence Part 4—Exploration Division 1—Competitive tender regions 16 Minister may declare competitive tender region Division 2—Speculative survey 17 Speculative survey licence 18 Area of speculative survey licence 19 Term of speculative survey licence 20 Consultation preceding grant or renewal of speculative survey licence Division 3—Exploration licences 21 Exploration licences 22 Call for tenders 23 Criteria to be considered for granting exploration licence 24 Areas for which licence may be granted 25 Work program to be carried out by exploration licensee 26 Term and renewal of exploration licence 27 Production of regulated resource under exploration licence Part 5—Retention 28 Retention licences 30 Grant of retention licence 31 Area of retention licence 32 Term of retention licence 33 Work program to be carried out by retention licensee Part 6—Production 34 Production licences 35 Grant of production licence 36 Power to require holder of exploration licence or retention licence to apply for production licence 37 Area of production licence 38 Work program to be carried out by production licensee 39 Requirement to proceed with production 40 Term of production licence 41 Cancellation or conversion of production licence where commercial operations in abeyance 42 Unitisation of production Part 7—Royalty 43 Royalty on regulated resources 44 Penalty for late payment 45 Recovery of royalty Part 7A—Rental 45A Rental payable for utilising natural reservoir for storage 45B Rental return 45C Penalty for late payment 45D Recovery of rental Part 8—Transmission pipelines Division 1—Pipeline licence 46 Rights conferred by pipeline licence 47 Term and renewal of pipeline licence 48 Alteration of pipeline Division 2—Access to pipeline 49 Ministerial power to require access to pipeline Division 3—Special provisions about pipelines 50 Acquisition of land by holder of pipeline licence 51 Pipeline easements 52 Compulsory acquisition of land for pipeline 53 Pipeline to be chattel 54 Inseparability of dealings with pipeline and pipeline land 55 Resumption of pipeline 55A Liability to council rates Part 9—Associated activities 56 Associated activities licence 57 Area of associated activities licence 58 Term of associated activities licence 59 Relationship with other licences Part 9A—Special facilities 59B Special facilities licence 59D Term of special facilities licence 59E Relationship with other licences Part 10—Entry to and use of land 60 Right of entry to land 61 Notice of entry on land 62 Disputed entry 63 Right to compensation 64 Right to require acquisition of land Part 11—General provisions about licences Division 1—General provision about applications 65 Application for licence 66 Preconditions of grant or renewal of licence Division 2—Extent of licence exclusivity 67 Application of Division 68 Extent to which same area may be subject to different licences 69 Grant of compatible licence to area already under licence 70 Interrelationship between rights of licensees under compatible licences 71 Excision of licence areas Division 3—Licence conditions 72 Mandatory conditions 73 Mandatory condition as to use of information etc 73A Mandatory condition as to management system 74 Classification of activities to be conducted under licence 75 Mandatory condition about resources required for compliance with environmental obligations 76 Discretionary conditions 76A Suspension of conditions of licence by agreement 77 Non-compliance with licence conditions Division 4—Annual fees 78 Annual fees Division 5—Reservoir access 79 Access to natural reservoir Division 6—Grant, resumption etc of land 80 Grant, resumption etc of Crown and pastoral land Division 7—Multiple licensees 81 Multiple licensees Division 8—Consolidation and division of licence areas etc 82 Consolidation of licence areas 83 Division of licence areas Division 9—Record keeping and reporting requirements 84 Records to be kept by licensee 85 Reporting of certain incidents 86 Information to be provided by licensee Division 9A—Change in control of holder of licence 86AA Interpretation 86AAB Approval of change in control of holder of licence 86AAC Offences Division 10—General requirements for operations 86A Fitness for purpose assessment 87 Activities to be carried out with due care and in accordance with good industry practice Division 11—Minister's power to carry out work 88 Ministerial direction Division 12—Surrender, suspension or cancellation of licence 89 Surrender 90 Suspension of licence by agreement 91 Disciplinary power to suspend or cancel licence 91A Assignment of liability or obligation of licensee on surrender or cancellation of licence Division 12A—Extension of term or reinstatement of licence 91B Extension of term of licence 91C Reinstatement of licence Division 13—Notice of grant etc of licence 92 Notice to be published in Gazette Division 14—Interference with regulated activities 93 Obligation not to interfere with regulated activities Division 15—Safety net 94 Safety net Part 12—Environment protection Division 1—Objects 95 Objects Division 2—Environmental prerequisites 96 Pre-conditions of regulated activities Division 2A—Environmental impact assessment criteria 96A Environmental impact assessment criteria Division 3—Environmental impact report 97 Environmental impact report Division 4—Statements of environmental objectives 99 Statement of environmental objectives 100 Content of statement of environmental objectives 101 Approval of statement of environmental objectives 102 Review of statement of environmental objectives 103A Specially protected areas 104 Commencement of statement of environmental objectives 105 Licensee must comply with statement of environmental objectives Division 4A—Consultation by Minister 105A Consultation by Minister on environmental impact report and statement of environmental objectives Division 5—The environmental register 106 Environmental register 107 Environmental register to be available for inspection Division 6—General provisions for environmental protection 108 Environmental directions 109 Rehabilitation directions 110 Application for review of direction 111 Liability for damage caused by authorised activities Part 13—Registrable dealings Division 1—Registrable dealings 112 Registrable dealings 113 Requirement for approval and registration of registrable dealings 114 Application for approval Division 2—The public register 115 Public register 116 Public register to be available for inspection Division 3—The commercial register 117 Commercial register 118 Authority to search register Part 14—Investigation and enforcement 119 Authorised investigations 120 Powers of entry and inspection 121 Power to gather information 122 Production of records 123 Publication of results of investigation Part 15—Reconsideration and reviews Division 1—Application of this Part 124 Decisions etc subject to review Division 2—Reconsideration 125 Application for reconsideration 126 Constitution of advisory committee 127 Minister's decision on application for reconsideration Division 3—Reviews 128 Reviews Part 16—Miscellaneous 129 False or misleading information 130 Self‑incrimination 130A Avoidance of duplication of procedures etc 131 Saving of powers with respect to Crown land etc 132 Charge on property if debt due to Crown 133 Proof of administrative acts 134 Extension of time limits 135 Disclosure of information 136 Administrative penalties 137 Preservation of rights under Cooper Basin (Ratification) Act 1975 138 Regulations and fee notices Schedule—Transitional provisions 2 Continuation of licences 3 Preservation of operation of the repealed Act for certain purposes 4 Limitation on certain rights 5 Environmental assessments 6 Statements of environmental objectives 7 Presumptive classification of activities 8 Non-application of certain provisions to certain pipelines Legislative history