Div 1AHydraulic 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.