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Queensland act
Mechanically, the Act creates a common overlay of rules for all mineral and energy tenures: a unified register and approval/notification system for dealings and caveats; standard land‑access, public‑road and entry procedures; and a detailed overlap framework for coal and CSG/petroleum governing notices, sole‑occupancy, information sharing, compensation and arbitration. It applies to holders of exploration, mining, petroleum, geothermal and greenhouse‑gas authorities, landowners, public‑land and road authorities. It matters because it changes who may enter or transfer tenures, who pays compensation, what information must be shared, and when administrative discretion is exercised.
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Direct links to the current provisions in Mineral and Energy Resources (Common Provisions) Act 2014.
This Act may be cited as the Mineral and Energy Resources (Common Provisions) Act 2014 .
This Act commences on a day to be fixed by proclamation.
The main purposes of this Act are— to consolidate particular provisions common to each of the Resource Acts; and to provide for particular common processes that apply to resource authorities; and to manage overlapping coal and petroleum resource authorities for coal seam gas; and to provide for the disqualification of persons from grant or transfer of particular resource authorities; and to assist in achieving the purposes of each of the Resource Acts. s 3 amd 2020 No. 14 s 57
The main purposes are achieved by providing for the following matters mainly in this Act, rather than in each of the Resource Acts— dealings, caveats and associated agreements; land access; the framework for overlapping coal and petroleum resource authorities for coal seam gas; the disqualification from grant or transfer of particular resource authorities; the resource authority register; other miscellaneous matters. It is the intention of Parliament that this Act lead towards the replacement of the Resource Acts with a simplified common framework that will apply to all resource authorities. s 4 amd 2020 No. 14 s 58 ; 2024 No. 33 s 71 (sec.4-ssec.1) The main purposes are achieved by providing for the following matters mainly in this Act, rather than in each of the Resource Acts— dealings, caveats and associated agreements; land access; the framework for overlapping coal and petroleum resource authorities for coal seam gas; the disqualification from grant or transfer of particular resource authorities; the resource authority register; other miscellaneous matters. (sec.4-ssec.2) It is the intention of Parliament that this Act lead towards the replacement of the Resource Acts with a simplified common framework that will apply to all resource authorities.
This Act binds all persons, including the State and as far as the legislative power of the Parliament permits, the Commonwealth and the other States. Nothing in this Act makes the State, the Commonwealth or another State liable to be prosecuted for an offence against this Act. (sec.5-ssec.1) This Act binds all persons, including the State and as far as the legislative power of the Parliament permits, the Commonwealth and the other States. (sec.5-ssec.2) Nothing in this Act makes the State, the Commonwealth or another State liable to be prosecuted for an offence against this Act.
This Act is to be read and construed with, and as if it formed part of, each Resource Act. Without limiting subsection (1) , the following principles apply— this Act is not intended to exclude, limit or otherwise affect the operation of a Resource Act unless this Act otherwise expressly provides; a reference to ‘this Act’ in a provision of a Resource Act relating to any of the following matters includes a reference to this Act— the functions or powers of an authorised officer under a Resource Act, including, for example, the power to give a compliance direction; the functions or powers of a Minister under a Resource Act, including, for example, the power to take noncompliance action; proceedings for an offence against a provision of a Resource Act; if the context permits, a reference to ‘this Act’ in a provision of a Resource Act, other than a provision mentioned in paragraph (b) , includes a reference to this Act. Without limiting subsection (2) (a) , this Act is not intended to exclude, limit or otherwise affect the following unless this Act otherwise expressly provides— the power under a Resource Act to grant a resource authority; the carrying out of authorised activities for a resource authority; the duties, obligations, requirements or restrictions imposed on a resource authority holder. Despite subsections (2) (a) and (3) , if this Act is inconsistent with a Resource Act, this Act prevails to the extent of the inconsistency. Without limiting subsection (1) , (2) , (3) or (4) — if a provision of this Act deals with a particular matter and a provision of a Resource Act deals with the same matter and it is impossible to comply with both provisions, a person must comply with the provision of this Act and is excused from complying with the provision of the Resource Act, to the extent that it can not be complied with; and if a provision of this Act deals with a particular matter and a provision of a Resource Act deals with the same matter and it is possible to comply with both provisions, a person must comply with both provisions. (sec.6-ssec.1) This Act is to be read and construed with, and as if it formed part of, each Resource Act. (sec.6-ssec.2) Without limiting subsection (1) , the following principles apply— this Act is not intended to exclude, limit or otherwise affect the operation of a Resource Act unless this Act otherwise expressly provides; a reference to ‘this Act’ in a provision of a Resource Act relating to any of the following matters includes a reference to this Act— the functions or powers of an authorised officer under a Resource Act, including, for example, the power to give a compliance direction; the functions or powers of a Minister under a Resource Act, including, for example, the power to take noncompliance action; proceedings for an offence against a provision of a Resource Act; if the context permits, a reference to ‘this Act’ in a provision of a Resource Act, other than a provision mentioned in paragraph (b) , includes a reference to this Act. (sec.6-ssec.3) Without limiting subsection (2) (a) , this Act is not intended to exclude, limit or otherwise affect the following unless this Act otherwise expressly provides— the power under a Resource Act to grant a resource authority; the carrying out of authorised activities for a resource authority; the duties, obligations, requirements or restrictions imposed on a resource authority holder. (sec.6-ssec.4) Despite subsections (2) (a) and (3) , if this Act is inconsistent with a Resource Act, this Act prevails to the extent of the inconsistency. (sec.6-ssec.5) Without limiting subsection (1) , (2) , (3) or (4) — if a provision of this Act deals with a particular matter and a provision of a Resource Act deals with the same matter and it is impossible to comply with both provisions, a person must comply with the provision of this Act and is excused from complying with the provision of the Resource Act, to the extent that it can not be complied with; and if a provision of this Act deals with a particular matter and a provision of a Resource Act deals with the same matter and it is possible to comply with both provisions, a person must comply with both provisions.
If the context permits, a reference in another Act or document to a Resource Act is taken to include a reference to this Act.
The dictionary in schedule 2 defines particular words used in this Act.
Each of the following is a Resource Act — the Mineral Resources Act ; the P&G Act ; the 1923 Act ; the Geothermal Act ; the Greenhouse Gas Act .
Each of the following is a resource authority — any of the following under the Mineral Resources Act — a prospecting permit; a mining claim; an exploration permit; a mineral development licence; a mining lease; a water monitoring authority; any of the following under the P&G Act — an authority to prospect; a petroleum lease; a data acquisition authority; a water monitoring authority; a survey licence; a pipeline licence; a petroleum facility licence; any of the following under the 1923 Act — an authority to prospect; a lease; a water monitoring authority; any of the following under the Geothermal Act — a geothermal exploration permit; a geothermal production lease; any of the following under the Greenhouse Gas Act — a GHG exploration permit; a GHG injection and storage lease; a GHG injection and storage data acquisition authority. s 10 amd 2014 No. 64 s 214
The authorised area , for a resource authority, means the area to which the resource authority relates.
A block is the land resulting from a notional division of the earth’s surface, each block being bounded— by 2 parallels of latitude 5 minutes apart, each parallel being a multiple of 5 minutes of latitude from the equator; and by 2 meridians of longitude 5 minutes apart, each meridian being a multiple of 5 minutes of longitude from the prime meridian. A sub-block is the land resulting from a notional division of a block into 25 areas, each sub-block being bounded by 2 parallels of latitude 1 minute apart and 2 meridians of longitude 1 minute of longitude apart. For subsections (1) and (2) , latitude and longitude are defined by reference to the Australian Geodetic Datum 1966. Each block and sub-block must be identified in the way approved by the chief executive. Nothing in this section prevents the chief executive from representing blocks and sub-blocks in a spatial database by reference to a datum other than the Australian Geodetic Datum 1966. In this section— Australian Geodetic Datum 1966 means the reference frame with— a reference spheroid with a major (equatorial) radius of 6,378,160m and a flattening of 100/29825; and its origin at the Johnston Geodetic Station in the Northern Territory, taken to be at 133º12'30.0771" east longitude and 25º56'54.5515" south latitude and to have a ground level of 571.2m above the reference spheroid. The Australian Geodetic Datum 1966 was notified in the Commonwealth Gazette No. 84 on 6 October 1966 at page 4984. s 11A ins 2020 No. 9 s 36 (sec.11A-ssec.1) A block is the land resulting from a notional division of the earth’s surface, each block being bounded— by 2 parallels of latitude 5 minutes apart, each parallel being a multiple of 5 minutes of latitude from the equator; and by 2 meridians of longitude 5 minutes apart, each meridian being a multiple of 5 minutes of longitude from the prime meridian. (sec.11A-ssec.2) A sub-block is the land resulting from a notional division of a block into 25 areas, each sub-block being bounded by 2 parallels of latitude 1 minute apart and 2 meridians of longitude 1 minute of longitude apart. (sec.11A-ssec.3) For subsections (1) and (2) , latitude and longitude are defined by reference to the Australian Geodetic Datum 1966. (sec.11A-ssec.4) Each block and sub-block must be identified in the way approved by the chief executive. (sec.11A-ssec.5) Nothing in this section prevents the chief executive from representing blocks and sub-blocks in a spatial database by reference to a datum other than the Australian Geodetic Datum 1966. (sec.11A-ssec.6) In this section— Australian Geodetic Datum 1966 means the reference frame with— a reference spheroid with a major (equatorial) radius of 6,378,160m and a flattening of 100/29825; and its origin at the Johnston Geodetic Station in the Northern Territory, taken to be at 133º12'30.0771" east longitude and 25º56'54.5515" south latitude and to have a ground level of 571.2m above the reference spheroid. The Australian Geodetic Datum 1966 was notified in the Commonwealth Gazette No. 84 on 6 October 1966 at page 4984.
An owner , of land, means each person as stated in schedule 1 for the land. Also, a mortgagee of land is the owner of land if— the mortgagee is acting as mortgagee in possession of the land and has the exclusive management and control of the land; or the mortgagee, or a person appointed by the mortgagee, is in possession of the land and has the exclusive management and control of the land. If land or another thing has more than 1 owner, a reference in this Act to the owner of the land or thing is a reference to each of its owners. (sec.12-ssec.1) An owner , of land, means each person as stated in schedule 1 for the land. (sec.12-ssec.2) Also, a mortgagee of land is the owner of land if— the mortgagee is acting as mortgagee in possession of the land and has the exclusive management and control of the land; or the mortgagee, or a person appointed by the mortgagee, is in possession of the land and has the exclusive management and control of the land. (sec.12-ssec.3) If land or another thing has more than 1 owner, a reference in this Act to the owner of the land or thing is a reference to each of its owners.
Private land is— freehold land; or an interest in land less than fee simple held from the State under another Act. However, land is not private land to the extent of an interest in any of the following relating to the land— a mining interest under the Mineral Resources Act ; a petroleum authority under the P&G Act or 1923 Act petroleum tenure under the 1923 Act ; a geothermal tenure under the Geothermal Act ; a GHG authority under the Greenhouse Gas Act ; an occupation right under a permit under the Land Act 1994 . Also, land owned by a public land authority is not private land. (sec.13-ssec.1) Private land is— freehold land; or an interest in land less than fee simple held from the State under another Act. (sec.13-ssec.2) However, land is not private land to the extent of an interest in any of the following relating to the land— a mining interest under the Mineral Resources Act ; a petroleum authority under the P&G Act or 1923 Act petroleum tenure under the 1923 Act ; a geothermal tenure under the Geothermal Act ; a GHG authority under the Greenhouse Gas Act ; an occupation right under a permit under the Land Act 1994 . (sec.13-ssec.3) Also, land owned by a public land authority is not private land.
Public land is any land other than— private land; or to the extent an interest in any of the following relates to the land— a mining interest under the Mineral Resources Act ; a petroleum authority under the P&G Act or 1923 Act petroleum tenure under the 1923 Act ; a GHG authority under the Greenhouse Gas Act ; a geothermal tenure under the Geothermal Act ; an occupation right under a permit under the Land Act 1994 . Public land includes a public road. (sec.14-ssec.1) Public land is any land other than— private land; or to the extent an interest in any of the following relates to the land— a mining interest under the Mineral Resources Act ; a petroleum authority under the P&G Act or 1923 Act petroleum tenure under the 1923 Act ; a GHG authority under the Greenhouse Gas Act ; a geothermal tenure under the Geothermal Act ; an occupation right under a permit under the Land Act 1994 . (sec.14-ssec.2) Public land includes a public road.
A public road is an area of land that— is open to or used by the public; and is developed for or has as 1 of its main uses— the driving or riding of motor vehicles; or pedestrian traffic; and is controlled by a public road authority. a bridge, culvert, ford, tunnel or viaduct a pedestrian or bicycle path
An advanced activity , for a resource authority, is an authorised activity for the resource authority other than a preliminary activity for the resource authority. levelling of drilling pads and digging sumps earthworks associated with pipeline installation bulk sampling open trenching or costeaning with an excavator vegetation clear-felling constructing an exploration camp, concrete pad, sewage or water treatment facility or fuel dump geophysical surveying with physical clearing carrying out a seismic survey using explosives constructing a track or access road changing a fence line s 15A ins 2019 No. 17 s 207
A preliminary activity , for a resource authority, is an authorised activity for the authority that will have no impact, or only a minor impact, on the business or land use activities of any owner or occupier of the land on which the activity is to be carried out. walking the area of the authority driving along an existing road or track in the area taking soil or water samples geophysical surveying not involving site preparation aerial, electrical or environmental surveying survey pegging Subsection (3) applies to an authorised activity for a resource authority other than an activity that is aerial surveying carried out at 1,000ft or more above land. Despite subsection (1) , the activity is not a preliminary activity for the resource authority if the activity— is carried out on land that— is less than 100ha; and is being used for intensive farming or broadacre agriculture; or land used for dryland or irrigated cropping, plantation forestry or horticulture land used for a dairy, cattle or sheep feedlot, a piggery or a poultry farm affects the lawful carrying out of an organic or bio-organic farming system. s 15B ins 2019 No. 17 s 207 amd 2024 No. 33 s 72 (sec.15B-ssec.1) A preliminary activity , for a resource authority, is an authorised activity for the authority that will have no impact, or only a minor impact, on the business or land use activities of any owner or occupier of the land on which the activity is to be carried out. walking the area of the authority driving along an existing road or track in the area taking soil or water samples geophysical surveying not involving site preparation aerial, electrical or environmental surveying survey pegging (sec.15B-ssec.2) Subsection (3) applies to an authorised activity for a resource authority other than an activity that is aerial surveying carried out at 1,000ft or more above land. (sec.15B-ssec.3) Despite subsection (1) , the activity is not a preliminary activity for the resource authority if the activity— is carried out on land that— is less than 100ha; and is being used for intensive farming or broadacre agriculture; or land used for dryland or irrigated cropping, plantation forestry or horticulture land used for a dairy, cattle or sheep feedlot, a piggery or a poultry farm affects the lawful carrying out of an organic or bio-organic farming system.
A dealing , in relation to a resource authority, is— any transaction or arrangement that causes the creation, variation, transfer or extinguishment of an interest in the resource authority; or another transaction, arrangement or circumstance, prescribed by regulation, that affects the resource authority. s 16 amd 2020 No. 14 s 59
A regulation may prescribe the dealings with a resource authority (each a prescribed dealing ) that must be approved by the Minister under this part, and registered, to have effect. A prescribed dealing has no effect unless, and until, it is approved by the Minister under this part and registered. s 17 sub 2020 No. 14 s 60 (sec.17-ssec.1) A regulation may prescribe the dealings with a resource authority (each a prescribed dealing ) that must be approved by the Minister under this part, and registered, to have effect. (sec.17-ssec.2) A prescribed dealing has no effect unless, and until, it is approved by the Minister under this part and registered.
A regulation may prescribe the dealings with a resource authority (each a notifiable dealing ) that must be notified to the chief executive under this part, and registered, to have effect. A notifiable dealing has no effect unless, and until, it is notified to the chief executive under this part and registered. s 17A ins 2020 No. 14 s 60 (sec.17A-ssec.1) A regulation may prescribe the dealings with a resource authority (each a notifiable dealing ) that must be notified to the chief executive under this part, and registered, to have effect. (sec.17A-ssec.2) A notifiable dealing has no effect unless, and until, it is notified to the chief executive under this part and registered.
The following dealings with a resource authority are prohibited— a dealing with a resource authority that transfers a divided part of the authorised area for the resource authority, unless the dealing is— a sublease of a resource authority that is a lease; or a transfer of a sublease mentioned in subparagraph (i) or of a share in the sublease; a dealing with a resource authority prescribed by regulation as prohibited. A dealing with a resource authority prohibited under subsection (1) must not be registered under this part and has no effect. (sec.18-ssec.1) The following dealings with a resource authority are prohibited— a dealing with a resource authority that transfers a divided part of the authorised area for the resource authority, unless the dealing is— a sublease of a resource authority that is a lease; or a transfer of a sublease mentioned in subparagraph (i) or of a share in the sublease; a dealing with a resource authority prescribed by regulation as prohibited. (sec.18-ssec.2) A dealing with a resource authority prohibited under subsection (1) must not be registered under this part and has no effect.
The following entities may apply to the Minister for approval of a prescribed dealing— the affected resource authority holder; any other entity with the affected resource authority holder’s consent. Chapter 6 , part 1 applies for processing the application, and the Minister must decide to either refuse to give the approval or give the approval with or without conditions. See section 23 if the approval relates to a prescribed dealing for which an indicative approval has been given under that section. If the Minister decides to give the approval, the chief executive must register the prescribed dealing as soon as possible after the approval is given. To remove any doubt, it is declared that registration under subsection (3) is subject to sections 20 and 21 . In this section— affected resource authority holder means— for a prescribed dealing affecting the whole of a resource authority—the holder of the resource authority; or for a prescribed dealing affecting a share in a resource authority—the holder of the share. s 19 amd 2020 No. 14 s 61 (sec.19-ssec.1) The following entities may apply to the Minister for approval of a prescribed dealing— the affected resource authority holder; any other entity with the affected resource authority holder’s consent. (sec.19-ssec.2) Chapter 6 , part 1 applies for processing the application, and the Minister must decide to either refuse to give the approval or give the approval with or without conditions. See section 23 if the approval relates to a prescribed dealing for which an indicative approval has been given under that section. (sec.19-ssec.3) If the Minister decides to give the approval, the chief executive must register the prescribed dealing as soon as possible after the approval is given. (sec.19-ssec.4) To remove any doubt, it is declared that registration under subsection (3) is subject to sections 20 and 21 . (sec.19-ssec.5) In this section— affected resource authority holder means— for a prescribed dealing affecting the whole of a resource authority—the holder of the resource authority; or for a prescribed dealing affecting a share in a resource authority—the holder of the share.
The Minister must reject an application for approval of a prescribed dealing that is a transfer of a resource authority or a share in a resource authority if the Minister decides the intended transferee of the resource authority or share is disqualified under section 196C from being transferred the resource authority or share. However, subsection (1) does not apply to a transfer of a share in a resource authority if— the share is being transferred to a person who already holds a share in the resource authority; and the person transferring the share continues, after the transfer, to hold a share in the resource authority. s 19A ins 2020 No. 14 s 62 (sec.19A-ssec.1) The Minister must reject an application for approval of a prescribed dealing that is a transfer of a resource authority or a share in a resource authority if the Minister decides the intended transferee of the resource authority or share is disqualified under section 196C from being transferred the resource authority or share. (sec.19A-ssec.2) However, subsection (1) does not apply to a transfer of a share in a resource authority if— the share is being transferred to a person who already holds a share in the resource authority; and the person transferring the share continues, after the transfer, to hold a share in the resource authority.
The ordinary rule is that the following entities may give notice to the chief executive of a notifiable dealing to enable its registration— the affected resource authority holder; any other entity with the affected resource authority holder’s consent. However, if a notifiable dealing is required to be executed because of the operation of a law, a regulation may change the ordinary rule by prescribing the following— who may or must give notice to the chief executive; the period within which the notice must be given. the transfer of an interest in a resource authority because of the death of the resource authority holder The notice must be— in the approved form; and accompanied by the fee prescribed by regulation. The chief executive must register the notifiable dealing as soon as possible after the notice is given. Subsection (6) applies if the notifiable dealing is— a transmission by death of a resource authority or a share in a resource authority; or a transfer of a resource authority or a share in a resource authority by operation of law. The chief executive may register the notifiable dealing only if the proposed transferee is— an eligible person; and for a resource authority other than a small scale mining tenure within the meaning of the Environmental Protection Act —a registered suitable operator under the Environmental Protection Act . To remove any doubt, it is declared that registration under subsection (4) or (6) is subject to sections 20 and 21 . In this section— affected resource authority holder means— for a notifiable dealing affecting the whole of a resource authority—the holder of the resource authority; or for a notifiable dealing affecting a share in a resource authority—the holder of the share. s 19B ins 2020 No. 14 s 62 (sec.19B-ssec.1) The ordinary rule is that the following entities may give notice to the chief executive of a notifiable dealing to enable its registration— the affected resource authority holder; any other entity with the affected resource authority holder’s consent. (sec.19B-ssec.2) However, if a notifiable dealing is required to be executed because of the operation of a law, a regulation may change the ordinary rule by prescribing the following— who may or must give notice to the chief executive; the period within which the notice must be given. the transfer of an interest in a resource authority because of the death of the resource authority holder (sec.19B-ssec.3) The notice must be— in the approved form; and accompanied by the fee prescribed by regulation. (sec.19B-ssec.4) The chief executive must register the notifiable dealing as soon as possible after the notice is given. (sec.19B-ssec.5) Subsection (6) applies if the notifiable dealing is— a transmission by death of a resource authority or a share in a resource authority; or a transfer of a resource authority or a share in a resource authority by operation of law. (sec.19B-ssec.6) The chief executive may register the notifiable dealing only if the proposed transferee is— an eligible person; and for a resource authority other than a small scale mining tenure within the meaning of the Environmental Protection Act —a registered suitable operator under the Environmental Protection Act . (sec.19B-ssec.7) To remove any doubt, it is declared that registration under subsection (4) or (6) is subject to sections 20 and 21 . (sec.19B-ssec.8) In this section— affected resource authority holder means— for a notifiable dealing affecting the whole of a resource authority—the holder of the resource authority; or for a notifiable dealing affecting a share in a resource authority—the holder of the share.
This section applies if a prescribed dealing or notifiable dealing is a transfer of a resource authority or a share in a resource authority. However, this section does not apply to a transfer of a share in a resource authority if— the share is being transferred to a person who already holds a share in the resource authority; and the person transferring the share continues, after the transfer, to hold a share in the resource authority. The prescribed dealing or notifiable dealing must not be registered, and can not take effect, under this part while any royalty payable by the holder of the resource authority remains unpaid. s 20 sub 2020 No. 14 s 63 (sec.20-ssec.1) This section applies if a prescribed dealing or notifiable dealing is a transfer of a resource authority or a share in a resource authority. (sec.20-ssec.2) However, this section does not apply to a transfer of a share in a resource authority if— the share is being transferred to a person who already holds a share in the resource authority; and the person transferring the share continues, after the transfer, to hold a share in the resource authority. (sec.20-ssec.3) The prescribed dealing or notifiable dealing must not be registered, and can not take effect, under this part while any royalty payable by the holder of the resource authority remains unpaid.
This section applies if— the Minister approves a prescribed dealing, or the chief executive is given notice of a notifiable dealing, that is either of the following— a changed holder event under the Mineral and Energy Resources (Financial Provisioning) Act 2018 for a resource authority that authorises the carrying out of a resource activity for an environmental authority; a transfer of a small scale mining tenure mentioned in the Mineral and Energy Resources (Financial Provisioning) Act 2018 , section 53 (i) ; and a contribution to the scheme fund is required to be paid, or a surety required to be given, for the environmental authority or small scale mining tenure, under the Mineral and Energy Resources (Financial Provisioning) Act 2018 . The prescribed dealing or notifiable dealing must not be registered unless the entity that will be the holder of the resource authority, or small scale mining tenure, on registration of the prescribed dealing or notifiable dealing has paid the contribution to the scheme fund, or given the surety, under the Mineral and Energy Resources (Financial Provisioning) Act 2018 . s 21 (prev s 20A) ins 2018 No. 30 s 207 amd 2020 No. 14 s 64 renum 2020 No. 14 s 66 amd 2022 No. 29 s 21 ; 2024 No. 33 s 183 sch 1 pt 2 (sec.21-ssec.1) This section applies if— the Minister approves a prescribed dealing, or the chief executive is given notice of a notifiable dealing, that is either of the following— a changed holder event under the Mineral and Energy Resources (Financial Provisioning) Act 2018 for a resource authority that authorises the carrying out of a resource activity for an environmental authority; a transfer of a small scale mining tenure mentioned in the Mineral and Energy Resources (Financial Provisioning) Act 2018 , section 53 (i) ; and a contribution to the scheme fund is required to be paid, or a surety required to be given, for the environmental authority or small scale mining tenure, under the Mineral and Energy Resources (Financial Provisioning) Act 2018 . (sec.21-ssec.2) The prescribed dealing or notifiable dealing must not be registered unless the entity that will be the holder of the resource authority, or small scale mining tenure, on registration of the prescribed dealing or notifiable dealing has paid the contribution to the scheme fund, or given the surety, under the Mineral and Energy Resources (Financial Provisioning) Act 2018 .
This section applies if a prescribed dealing is a transfer of a resource authority or of a share in a resource authority. As a condition of deciding to give an approval under section 19 , the Minister may require the proposed transferee to give the State security for the resource authority. The provisions of the relevant Resource Act for giving security for the type of resource authority are taken to apply to the proposed transferee and the security as if the security were given under those provisions. For the Geothermal Act , see chapter 6 , part 4 . For the Greenhouse Gas Act , see chapter 5 , part 6 . For the Mineral Resources Act , see sections 83 , 144 , 190 and 277 . For the 1923 Act , see part 6G . For the P&G Act , see chapter 5 , part 1 . s 22 (prev s 21) renum 2020 No. 14 s 66 (sec.22-ssec.1) This section applies if a prescribed dealing is a transfer of a resource authority or of a share in a resource authority. (sec.22-ssec.2) As a condition of deciding to give an approval under section 19 , the Minister may require the proposed transferee to give the State security for the resource authority. (sec.22-ssec.3) The provisions of the relevant Resource Act for giving security for the type of resource authority are taken to apply to the proposed transferee and the security as if the security were given under those provisions. For the Geothermal Act , see chapter 6 , part 4 . For the Greenhouse Gas Act , see chapter 5 , part 6 . For the Mineral Resources Act , see sections 83 , 144 , 190 and 277 . For the 1923 Act , see part 6G . For the P&G Act , see chapter 5 , part 1 .
This section applies for a proposed prescribed dealing. The prescribed applicant for the proposed prescribed dealing may apply to the Minister for an indication of (an indicative approval )— whether the Minister is likely to approve the proposed prescribed dealing; and what, if any, conditions are likely to be imposed by the Minister. Chapter 6 , part 1 applies for processing the application, and the Minister must decide to either refuse to give the indicative approval or give the indicative approval with or without conditions. Subsection (5) applies if— the indicative approval indicates the Minister will approve the proposed prescribed dealing; and within the prescribed period, the prescribed applicant applies to the Minister under section 19 for approval of the proposed prescribed dealing. The Minister must grant the approval in accordance with the indicative approval unless— the proposed prescribed dealing is a transfer of the resource authority, or a share in the resource authority, and the proposed transferee is not eligible to be a resource authority holder under this Act or the relevant Resource Act; or the application for the indicative approval contained incorrect material information or omitted material information and, had the Minister been aware of the discrepancy, the Minister would not have given the indicative approval; or preconditions for the indicative approval have not been complied with. To remove any doubt, it is declared that granting of the approval is subject to sections 20 , 21 and 22 . In this section— preconditions , for an indicative approval, means conditions imposed on the approval under this section that must be complied with before a related application is made for approval under section 19 . prescribed applicant , for a proposed prescribed dealing, means the entity that may, under section 19 (1) , apply for approval of the dealing. s 23 amd 2020 No. 14 s 218 sch 1 (sec.23-ssec.1) This section applies for a proposed prescribed dealing. (sec.23-ssec.2) The prescribed applicant for the proposed prescribed dealing may apply to the Minister for an indication of (an indicative approval )— whether the Minister is likely to approve the proposed prescribed dealing; and what, if any, conditions are likely to be imposed by the Minister. (sec.23-ssec.3) Chapter 6 , part 1 applies for processing the application, and the Minister must decide to either refuse to give the indicative approval or give the indicative approval with or without conditions. (sec.23-ssec.4) Subsection (5) applies if— the indicative approval indicates the Minister will approve the proposed prescribed dealing; and within the prescribed period, the prescribed applicant applies to the Minister under section 19 for approval of the proposed prescribed dealing. (sec.23-ssec.5) The Minister must grant the approval in accordance with the indicative approval unless— the proposed prescribed dealing is a transfer of the resource authority, or a share in the resource authority, and the proposed transferee is not eligible to be a resource authority holder under this Act or the relevant Resource Act; or the application for the indicative approval contained incorrect material information or omitted material information and, had the Minister been aware of the discrepancy, the Minister would not have given the indicative approval; or preconditions for the indicative approval have not been complied with. (sec.23-ssec.6) To remove any doubt, it is declared that granting of the approval is subject to sections 20 , 21 and 22 . (sec.23-ssec.7) In this section— preconditions , for an indicative approval, means conditions imposed on the approval under this section that must be complied with before a related application is made for approval under section 19 . prescribed applicant , for a proposed prescribed dealing, means the entity that may, under section 19 (1) , apply for approval of the dealing.
The registration of a prescribed dealing or notifiable dealing under this part, or an approval of the Minister under section 19 , allows the dealing to have effect according to its terms but does not of itself give the dealing any more effect or validity than it would otherwise have. s 23A (prev s 22) amd 2020 No. 14 s 65 (1) reloc and renum 2020 No. 14 s 65 (2)
This part applies in relation to— a resource authority; or an application for a mining lease under the Mineral Resources Act . s 24 amd 2020 No. 14 s 218 sch 1 sub 2024 No. 33 s 73
A person claiming an interest in the resource authority or the application for a mining lease may lodge a caveat over the authority or application if the caveat— complies with the prescribed requirements for the caveat; and is not a prohibited caveat; and is accompanied by the fee prescribed by regulation. On receipt of the caveat, the chief executive must— record the existence of the caveat in the register; and notify the following persons of the receipt of the caveat— each holder of the resource authority or applicant for the application; each person who has a registered interest in the resource authority or application; any caveator for a prior caveat over the resource authority or application if the prior caveat is in effect. The caveat has no effect if the caveat— does not comply with the prescribed requirements for the caveat; or is a prohibited caveat. In this section— prohibited caveat means a caveat of a type prescribed by regulation to be a prohibited caveat. registered interest , in the resource authority or the application for a mining lease, means an interest in the authority or application recorded in the register. s 25 sub 2024 No. 33 s 73 (sec.25-ssec.1) A person claiming an interest in the resource authority or the application for a mining lease may lodge a caveat over the authority or application if the caveat— complies with the prescribed requirements for the caveat; and is not a prohibited caveat; and is accompanied by the fee prescribed by regulation. (sec.25-ssec.2) On receipt of the caveat, the chief executive must— record the existence of the caveat in the register; and notify the following persons of the receipt of the caveat— each holder of the resource authority or applicant for the application; each person who has a registered interest in the resource authority or application; any caveator for a prior caveat over the resource authority or application if the prior caveat is in effect. (sec.25-ssec.3) The caveat has no effect if the caveat— does not comply with the prescribed requirements for the caveat; or is a prohibited caveat. (sec.25-ssec.4) In this section— prohibited caveat means a caveat of a type prescribed by regulation to be a prohibited caveat. registered interest , in the resource authority or the application for a mining lease, means an interest in the authority or application recorded in the register.
This section applies if a caveat is lodged over the resource authority or the application for a mining lease under this part. From the date and time of lodgement of the caveat until the caveat lapses or is withdrawn or removed, the caveat prevents the following— the registration of a dealing in relation to the resource authority; the registration under the Mineral Resources Act of a transfer of the application or a transfer of an interest in the application. However— the lodgement of the caveat does not prevent the registration of an instrument of a type prescribed by regulation; and if the caveat is lodged over only a share in the resource authority, the lodgement of the caveat does not prevent the registration of a dealing in relation to other shares in the resource authority. The caveat does not create an interest in the resource authority or the application. For this section, the date and time of lodgement of the caveat is the date and time endorsed by the chief executive on the caveat as the caveat’s date and time of lodgement. s 26 sub 2024 No. 33 s 73 (sec.26-ssec.1) This section applies if a caveat is lodged over the resource authority or the application for a mining lease under this part. (sec.26-ssec.2) From the date and time of lodgement of the caveat until the caveat lapses or is withdrawn or removed, the caveat prevents the following— the registration of a dealing in relation to the resource authority; the registration under the Mineral Resources Act of a transfer of the application or a transfer of an interest in the application. (sec.26-ssec.3) However— the lodgement of the caveat does not prevent the registration of an instrument of a type prescribed by regulation; and if the caveat is lodged over only a share in the resource authority, the lodgement of the caveat does not prevent the registration of a dealing in relation to other shares in the resource authority. (sec.26-ssec.4) The caveat does not create an interest in the resource authority or the application. (sec.26-ssec.5) For this section, the date and time of lodgement of the caveat is the date and time endorsed by the chief executive on the caveat as the caveat’s date and time of lodgement.
A caveat lodged under this part lapses— for a caveat for which there is consent—at the end of the term stated in the caveat; or for a caveat for which there is no consent— if an order of the Land Court is in effect in relation to the caveat—when the order stops having effect; or otherwise—on the day that is 3 months after the date of lodgement of the caveat or on an earlier day stated in the caveat. If there is consent to the caveat and the caveat does not state the term of the caveat, the caveat continues in effect until it is withdrawn or removed. For this section— there is consent to a caveat over the resource authority only if each holder of the authority consented to the lodgement of the caveat and the consent was lodged with the caveat; and there is consent to a caveat over the application for a mining lease only if each applicant consented to the lodgement of the caveat and the consent was lodged with the caveat; and the date of lodgement of a caveat is the date endorsed by the chief executive on the caveat as the caveat’s date of lodgement. s 27 sub 2024 No. 33 s 73 (sec.27-ssec.1) A caveat lodged under this part lapses— for a caveat for which there is consent—at the end of the term stated in the caveat; or for a caveat for which there is no consent— if an order of the Land Court is in effect in relation to the caveat—when the order stops having effect; or otherwise—on the day that is 3 months after the date of lodgement of the caveat or on an earlier day stated in the caveat. (sec.27-ssec.2) If there is consent to the caveat and the caveat does not state the term of the caveat, the caveat continues in effect until it is withdrawn or removed. (sec.27-ssec.3) For this section— there is consent to a caveat over the resource authority only if each holder of the authority consented to the lodgement of the caveat and the consent was lodged with the caveat; and there is consent to a caveat over the application for a mining lease only if each applicant consented to the lodgement of the caveat and the consent was lodged with the caveat; and the date of lodgement of a caveat is the date endorsed by the chief executive on the caveat as the caveat’s date of lodgement.
The caveator for a caveat lodged under this part may withdraw the caveat by written notice given to the chief executive. Either of the following persons may apply to the Land Court for an order that a caveat lodged under this part be removed— a person who has a present or prospective right or interest in the resource authority, or the application for a mining lease, over which the caveat is lodged; a person whose present or prospective right to deal with the resource authority, or the application for a mining lease, over which the caveat is lodged is affected by the caveat. The Land Court may make the order— whether or not the caveator has been served with the application for the order; and on the terms the Land Court considers appropriate. s 28 sub 2024 No. 33 s 73 (sec.28-ssec.1) The caveator for a caveat lodged under this part may withdraw the caveat by written notice given to the chief executive. (sec.28-ssec.2) Either of the following persons may apply to the Land Court for an order that a caveat lodged under this part be removed— a person who has a present or prospective right or interest in the resource authority, or the application for a mining lease, over which the caveat is lodged; a person whose present or prospective right to deal with the resource authority, or the application for a mining lease, over which the caveat is lodged is affected by the caveat. (sec.28-ssec.3) The Land Court may make the order— whether or not the caveator has been served with the application for the order; and on the terms the Land Court considers appropriate.
As soon as practicable after a caveat lodged under this part lapses, is withdrawn or is ordered to be removed, the chief executive must record the lapse, withdrawal or removal in the register. s 29 sub 2024 No. 33 s 73
This section applies if a caveat is lodged over an interest in the resource authority or the application for a mining lease under this part (the original caveat ). A further caveat with the same caveator can not be lodged over the resource authority or the application on the same, or substantially the same, grounds as those stated in the original caveat unless— each holder of the authority, or each applicant for the application, has consented to the lodgement of the further caveat and the consent is lodged with the further caveat; or a court of competent jurisdiction has given leave to lodge the further caveat. s 30 sub 2024 No. 33 s 73 (sec.30-ssec.1) This section applies if a caveat is lodged over an interest in the resource authority or the application for a mining lease under this part (the original caveat ). (sec.30-ssec.2) A further caveat with the same caveator can not be lodged over the resource authority or the application on the same, or substantially the same, grounds as those stated in the original caveat unless— each holder of the authority, or each applicant for the application, has consented to the lodgement of the further caveat and the consent is lodged with the further caveat; or a court of competent jurisdiction has given leave to lodge the further caveat.
The caveator for a caveat lodged under this part without reasonable cause is liable to compensate anyone else who suffers loss or damage because of the caveat. s 31 sub 2024 No. 33 s 73
An associated agreement , for a resource authority, means an agreement relating to the resource authority. However, neither of the following agreements is an associated agreement — a prescribed dealing; a notifiable dealing; another agreement prescribed by regulation. s 32 amd 2020 No. 14 s 67 (sec.32-ssec.1) An associated agreement , for a resource authority, means an agreement relating to the resource authority. (sec.32-ssec.2) However, neither of the following agreements is an associated agreement — a prescribed dealing; a notifiable dealing; another agreement prescribed by regulation.
The holder of a resource authority to which an associated agreement relates may apply to the chief executive to have the agreement recorded in the register against the resource authority. The application may include the date on which the associated agreement expires and it is to be removed from the register. Chapter 6 , part 1 applies for processing the application. After lodgement of a valid application, the chief executive must record the associated agreement in the register against the resource authority to which the agreement relates. The chief executive is not required to examine, or to determine the validity of, an associated agreement. s 33 amd 2020 No. 14 s 218 sch 1 (sec.33-ssec.1) The holder of a resource authority to which an associated agreement relates may apply to the chief executive to have the agreement recorded in the register against the resource authority. (sec.33-ssec.2) The application may include the date on which the associated agreement expires and it is to be removed from the register. (sec.33-ssec.3) Chapter 6 , part 1 applies for processing the application. (sec.33-ssec.4) After lodgement of a valid application, the chief executive must record the associated agreement in the register against the resource authority to which the agreement relates. (sec.33-ssec.5) The chief executive is not required to examine, or to determine the validity of, an associated agreement.
The recording of an associated agreement in the register does not of itself— give the agreement any more effect or validity than it would otherwise have; or create an interest in the resource authority against which it is recorded.
The holder of a resource authority to which an associated agreement relates may apply to the chief executive to have the agreement removed from the register. Chapter 6 , part 1 applies for processing the application. After lodgement of a valid application, the chief executive must remove the associated agreement from the register. s 35 amd 2020 No. 14 s 218 sch 1 (sec.35-ssec.1) The holder of a resource authority to which an associated agreement relates may apply to the chief executive to have the agreement removed from the register. (sec.35-ssec.2) Chapter 6 , part 1 applies for processing the application. (sec.35-ssec.3) After lodgement of a valid application, the chief executive must remove the associated agreement from the register.
A regulation may make 1 or more codes for all Resource Acts (each a land access code ) that— states best practice guidelines for communication between the holders of resource authorities and owners and occupiers of land, public land authorities and public road authorities; and imposes on resource authorities mandatory conditions concerning the conduct of authorised activities on land.
This part does not apply in relation to the following resource authorities under the Mineral Resources Act — a prospecting permit; a mining claim; a mining lease. s 37 amd 2020 No. 14 s 218 sch 1
This division applies to an entry to private land for the purpose of— carrying out an authorised activity for a resource authority; or crossing access land for the resource authority; or gaining entry to access land for the resource authority. s 38 amd 2020 No. 14 s 218 sch 1
A person must not enter private land for a purpose mentioned in section 38 unless the resource authority holder has given each owner and occupier of the land an entry notice about the entry. Maximum penalty—500 penalty units. An entry notice is invalid if— it does not comply with the prescribed requirements for the notice; or it states a period for entry that is longer than the maximum period for entry; or it is not given to an owner or occupier at least 10 business days before the entry. However, an entry notice is not invalid if— given to an owner or occupier less than 10 business days before the entry; and the owner or occupier has agreed in writing to the shorter period. In this section— give includes to give by publication if the resource authority holder has been given an approval to do so under section 41 and complies with the approval. maximum period for entry means the maximum period, prescribed by regulation, that access to land is to be allowed for a particular entry to the land. s 39 amd 2016 No. 30 s 114 sch 1 (sec.39-ssec.1) A person must not enter private land for a purpose mentioned in section 38 unless the resource authority holder has given each owner and occupier of the land an entry notice about the entry. Maximum penalty—500 penalty units. (sec.39-ssec.2) An entry notice is invalid if— it does not comply with the prescribed requirements for the notice; or it states a period for entry that is longer than the maximum period for entry; or it is not given to an owner or occupier at least 10 business days before the entry. (sec.39-ssec.3) However, an entry notice is not invalid if— given to an owner or occupier less than 10 business days before the entry; and the owner or occupier has agreed in writing to the shorter period. (sec.39-ssec.4) In this section— give includes to give by publication if the resource authority holder has been given an approval to do so under section 41 and complies with the approval. maximum period for entry means the maximum period, prescribed by regulation, that access to land is to be allowed for a particular entry to the land.
An obligation under this division to give an entry notice about an entry to private land for a purpose mentioned in section 38 does not apply if— the resource authority holder owns the land; or the resource authority holder has an independent legal right to enter the land for the purpose; or the entry is to preserve life or property or because of an emergency that exists or may exist; or the entry is authorised under the relevant Resource Act for the resource authority; or the entry is of a type prescribed by regulation. An obligation under this division to give an entry notice about an entry to private land for a purpose mentioned in section 38 also does not apply if the resource authority holder has 1 of the following with each owner and occupier of the land— a waiver of entry notice for the entry that is in effect; An owner or occupier of land may give a waiver of entry notice for an entry to the land. See section 42 . a conduct and compensation agreement for the land and— the agreement provides for alternative obligations for the entry; and the holder complies with the alternative obligations for the entry; an opt-out agreement. Further, an obligation under this division to give an entry notice about an entry to private land for a purpose mentioned in section 38 does not apply if the entry is for the purpose of carrying out an authorised activity for the resource authority that is aerial surveying carried out at 1,000ft or more above land. In this section— independent legal right , to enter land, means a right to enter the land that is enforceable under any law, including a common law right, but does not include a right to enter the land under this Act or a Resource Act. a contractual arrangement allowing a party to the contract to enter particular land s 40 amd 2016 No. 30 s 114 sch 1 ; 2020 No. 14 s 218 sch 1 ; 2024 No. 33 s 75 (sec.40-ssec.1) An obligation under this division to give an entry notice about an entry to private land for a purpose mentioned in section 38 does not apply if— the resource authority holder owns the land; or the resource authority holder has an independent legal right to enter the land for the purpose; or the entry is to preserve life or property or because of an emergency that exists or may exist; or the entry is authorised under the relevant Resource Act for the resource authority; or the entry is of a type prescribed by regulation. (sec.40-ssec.2) An obligation under this division to give an entry notice about an entry to private land for a purpose mentioned in section 38 also does not apply if the resource authority holder has 1 of the following with each owner and occupier of the land— a waiver of entry notice for the entry that is in effect; An owner or occupier of land may give a waiver of entry notice for an entry to the land. See section 42 . a conduct and compensation agreement for the land and— the agreement provides for alternative obligations for the entry; and the holder complies with the alternative obligations for the entry; an opt-out agreement. (sec.40-ssec.3) Further, an obligation under this division to give an entry notice about an entry to private land for a purpose mentioned in section 38 does not apply if the entry is for the purpose of carrying out an authorised activity for the resource authority that is aerial surveying carried out at 1,000ft or more above land. (sec.40-ssec.4) In this section— independent legal right , to enter land, means a right to enter the land that is enforceable under any law, including a common law right, but does not include a right to enter the land under this Act or a Resource Act. a contractual arrangement allowing a party to the contract to enter particular land
A resource authority holder may apply to the chief executive for approval to give an entry notice by publishing it in a stated way. The application may relate to more than 1 entry notice or a particular type of entry. The chief executive may give the approval only if satisfied— the publication will happen at least 20 business days before the entry; and for an owner or occupier who is an individual—it is impracticable to give the owner or occupier the notice personally. Chapter 6 , part 1 applies for processing the application, and the chief executive must decide to either refuse to give the approval or give the approval with or without conditions. s 41 amd 2020 No. 14 s 218 sch 1 (sec.41-ssec.1) A resource authority holder may apply to the chief executive for approval to give an entry notice by publishing it in a stated way. (sec.41-ssec.2) The application may relate to more than 1 entry notice or a particular type of entry. (sec.41-ssec.3) The chief executive may give the approval only if satisfied— the publication will happen at least 20 business days before the entry; and for an owner or occupier who is an individual—it is impracticable to give the owner or occupier the notice personally. (sec.41-ssec.4) Chapter 6 , part 1 applies for processing the application, and the chief executive must decide to either refuse to give the approval or give the approval with or without conditions.
An owner or occupier of land may give a waiver of entry notice for an entry made to the land for a purpose mentioned in section 38 . A waiver of an entry notice— is invalid if it does not comply with the prescribed requirements for the notice; and can not be withdrawn during the notified period; and ceases to have effect at the end of the notified period. In this section— notified period , for a waiver of entry notice, means the period stated in the notice as the period during which the land may be entered. (sec.42-ssec.1) An owner or occupier of land may give a waiver of entry notice for an entry made to the land for a purpose mentioned in section 38 . (sec.42-ssec.2) A waiver of an entry notice— is invalid if it does not comply with the prescribed requirements for the notice; and can not be withdrawn during the notified period; and ceases to have effect at the end of the notified period. (sec.42-ssec.3) In this section— notified period , for a waiver of entry notice, means the period stated in the notice as the period during which the land may be entered.
A person must not enter private land to carry out an advanced activity for a resource authority unless each owner and occupier of the land— is a party to a conduct and compensation agreement about the advanced activity and its effects; or is a party to a deferral agreement; or has elected to opt out from entering into a conduct and compensation agreement or deferral agreement under section 45 ; or is a party to— an arbitration under part 7 , division 2 , subdivision 3A ; or an application to the Land Court under section 96 . Maximum penalty—500 penalty units. This section does not apply for an entry to private land to carry out an advanced activity for a resource authority if— the resource authority holder owns the land; or the resource authority holder has an independent legal right to enter the land to carry out the activity; or the entry is to preserve life or property or because of an emergency that exists or may exist; or the entry is authorised under the relevant Resource Act for the resource authority; or the entry is of a type prescribed by regulation. This section does not limit the requirement under section 39 for a person to give an entry notice about the entry to private land for a purpose mentioned in section 38 . In this section— independent legal right , to enter land, means a right to enter the land that is enforceable under any law, including a common law right, but does not include a right to enter the land under this Act or a Resource Act. s 43 amd 2016 No. 30 s 114 sch 1 ; 2018 No. 24 s 33 (sec.43-ssec.1) A person must not enter private land to carry out an advanced activity for a resource authority unless each owner and occupier of the land— is a party to a conduct and compensation agreement about the advanced activity and its effects; or is a party to a deferral agreement; or has elected to opt out from entering into a conduct and compensation agreement or deferral agreement under section 45 ; or is a party to— an arbitration under part 7 , division 2 , subdivision 3A ; or an application to the Land Court under section 96 . Maximum penalty—500 penalty units. (sec.43-ssec.2) This section does not apply for an entry to private land to carry out an advanced activity for a resource authority if— the resource authority holder owns the land; or the resource authority holder has an independent legal right to enter the land to carry out the activity; or the entry is to preserve life or property or because of an emergency that exists or may exist; or the entry is authorised under the relevant Resource Act for the resource authority; or the entry is of a type prescribed by regulation. (sec.43-ssec.3) This section does not limit the requirement under section 39 for a person to give an entry notice about the entry to private land for a purpose mentioned in section 38 . (sec.43-ssec.4) In this section— independent legal right , to enter land, means a right to enter the land that is enforceable under any law, including a common law right, but does not include a right to enter the land under this Act or a Resource Act.
An owner or occupier of land may enter into an agreement (a deferral agreement ) with a resource authority holder that a conduct and compensation agreement can be entered into after entry to the land. A deferral agreement is invalid if it does not comply with the prescribed requirements for the agreement. s 44 amd 2018 No. 24 s 34 (sec.44-ssec.1) An owner or occupier of land may enter into an agreement (a deferral agreement ) with a resource authority holder that a conduct and compensation agreement can be entered into after entry to the land. (sec.44-ssec.2) A deferral agreement is invalid if it does not comply with the prescribed requirements for the agreement. s 44 amd 2018 No. 24 s 34
An owner or occupier of land may elect to opt out of entering into a conduct and compensation agreement or a deferral agreement with a resource authority holder. The election to opt out is an opt-out agreement and is invalid if it does not comply with the prescribed requirements for the agreement. Despite any term of the opt-out agreement, either party to the agreement may, by giving written notice to the other parties to the agreement, unilaterally terminate the agreement within 10 business days of a signed copy of the agreement being given to the owner or occupier of land. An opt-out agreement for land ends— according to its terms; or if the resource authority ends; or if it is terminated by a party under subsection (3) ; or if the parties enter into any of the following agreements— a deferral agreement; a conduct and compensation agreement: another opt-out agreement for the land. An opt-out agreement does not negate a resource authority holder’s liability to compensate an eligible claimant. See section 81 . s 45 amd 2018 No. 24 s 35 (sec.45-ssec.1) An owner or occupier of land may elect to opt out of entering into a conduct and compensation agreement or a deferral agreement with a resource authority holder. (sec.45-ssec.2) The election to opt out is an opt-out agreement and is invalid if it does not comply with the prescribed requirements for the agreement. (sec.45-ssec.3) Despite any term of the opt-out agreement, either party to the agreement may, by giving written notice to the other parties to the agreement, unilaterally terminate the agreement within 10 business days of a signed copy of the agreement being given to the owner or occupier of land. (sec.45-ssec.4) An opt-out agreement for land ends— according to its terms; or if the resource authority ends; or if it is terminated by a party under subsection (3) ; or if the parties enter into any of the following agreements— a deferral agreement; a conduct and compensation agreement: another opt-out agreement for the land. An opt-out agreement does not negate a resource authority holder’s liability to compensate an eligible claimant. See section 81 .
This division does not apply in relation to mineral development licences under the Mineral Resources Act . s 46 amd 2020 No. 14 s 218 sch 1
A resource authority holder may exercise an access right over access land if— the following have agreed orally or in writing to the exercise of the rights— if exercising the rights is likely to have a permanent impact on access land—each owner and occupier of the land; if exercising the rights is unlikely to have a permanent impact on access land—each occupier of the land; or the exercise of the rights is needed to preserve life or property or because of an emergency that exists or may exist. An agreement about the exercise of the rights mentioned in subsection (1) (a) is an access agreement . In this section— access land , for a resource authority, means land, outside the authorised area for the resource authority, that it is reasonably necessary to allow the holder to cross in order to enter the authorised area. See section 49 for the criteria for deciding whether access is reasonable. access rights , over access land for a resource authority, means the right to— cross the access land if it is reasonably necessary to allow the holder to enter the authorised area; and carry out activities on the access land that are reasonably necessary to allow the crossing of the land. opening a gate or fence permanent impact , on land, means a continuing effect on the land or its use or a permanent or long-term adverse effect on its current lawful use by an occupier of the land. building a road opening or closing a gate (sec.47-ssec.1) A resource authority holder may exercise an access right over access land if— the following have agreed orally or in writing to the exercise of the rights— if exercising the rights is likely to have a permanent impact on access land—each owner and occupier of the land; if exercising the rights is unlikely to have a permanent impact on access land—each occupier of the land; or the exercise of the rights is needed to preserve life or property or because of an emergency that exists or may exist. (sec.47-ssec.2) An agreement about the exercise of the rights mentioned in subsection (1) (a) is an access agreement . (sec.47-ssec.3) In this section— access land , for a resource authority, means land, outside the authorised area for the resource authority, that it is reasonably necessary to allow the holder to cross in order to enter the authorised area. See section 49 for the criteria for deciding whether access is reasonable. access rights , over access land for a resource authority, means the right to— cross the access land if it is reasonably necessary to allow the holder to enter the authorised area; and carry out activities on the access land that are reasonably necessary to allow the crossing of the land. opening a gate or fence permanent impact , on land, means a continuing effect on the land or its use or a permanent or long-term adverse effect on its current lawful use by an occupier of the land. building a road opening or closing a gate
An owner or occupier of access land must not, if asked by a resource authority holder, unreasonably refuse to make an access agreement with the holder. For subsection (1) , the owner or occupier does not unreasonably refuse only because the owner or occupier asks for the agreement to be subject to reasonable and relevant conditions offered by the owner or occupier. If an owner or occupier has not made an access agreement within 20 business days after being asked to make the agreement by a resource authority holder, the owner or occupier is taken to have refused to make the agreement. s 48 amd 2024 No. 33 s 76 (sec.48-ssec.1) An owner or occupier of access land must not, if asked by a resource authority holder, unreasonably refuse to make an access agreement with the holder. (sec.48-ssec.2) For subsection (1) , the owner or occupier does not unreasonably refuse only because the owner or occupier asks for the agreement to be subject to reasonable and relevant conditions offered by the owner or occupier. (sec.48-ssec.3) If an owner or occupier has not made an access agreement within 20 business days after being asked to make the agreement by a resource authority holder, the owner or occupier is taken to have refused to make the agreement.
This section provides for matters to be considered in deciding whether— it is reasonably necessary for a resource authority holder to cross access land to allow the holder to enter the authorised area for the resource authority; or it is reasonably necessary for a resource authority holder to carry out activities on access land to allow the crossing of the land; or an owner or occupier of access land has unreasonably refused to make an access agreement. The resource authority holder must first show it is not possible or reasonable to exercise the access rights by using a formed road. After subsection (2) has been satisfied, the following must be considered— the nature and extent of any impact the exercise of the access rights will have on access land and the owner or occupier’s use and enjoyment of it; how, when and where, and the period during which, the resource authority holder proposes to exercise the access rights. In this section— formed road means any existing road or track on private land or public land used, or that may reasonably be capable of being used, to drive or ride motor vehicles. (sec.49-ssec.1) This section provides for matters to be considered in deciding whether— it is reasonably necessary for a resource authority holder to cross access land to allow the holder to enter the authorised area for the resource authority; or it is reasonably necessary for a resource authority holder to carry out activities on access land to allow the crossing of the land; or an owner or occupier of access land has unreasonably refused to make an access agreement. (sec.49-ssec.2) The resource authority holder must first show it is not possible or reasonable to exercise the access rights by using a formed road. (sec.49-ssec.3) After subsection (2) has been satisfied, the following must be considered— the nature and extent of any impact the exercise of the access rights will have on access land and the owner or occupier’s use and enjoyment of it; how, when and where, and the period during which, the resource authority holder proposes to exercise the access rights. (sec.49-ssec.4) In this section— formed road means any existing road or track on private land or public land used, or that may reasonably be capable of being used, to drive or ride motor vehicles.
This section applies if a resource authority holder and an owner or occupier of access land make an access agreement for the exercise of access rights over the access land. The access agreement may provide for alternative obligations, for entry to the access land, to the entry notice obligations under section 39 . If the access agreement is in writing, it may include a conduct and compensation agreement for the exercise or future exercise of access rights by the resource authority holder. (sec.50-ssec.1) This section applies if a resource authority holder and an owner or occupier of access land make an access agreement for the exercise of access rights over the access land. (sec.50-ssec.2) The access agreement may provide for alternative obligations, for entry to the access land, to the entry notice obligations under section 39 . (sec.50-ssec.3) If the access agreement is in writing, it may include a conduct and compensation agreement for the exercise or future exercise of access rights by the resource authority holder.
This subdivision does not limit or otherwise affect the ability of an owner or occupier to grant a resource authority holder a right of access to land, including, for example, by the grant of an easement.
This section applies if a dispute arises between a resource authority holder and an owner or occupier of land (the parties ) about— deciding a matter mentioned in section 49 (1) (a) , (b) or (c) ; or whether an access agreement between the parties should be varied because of a material change in circumstances. Either party may give an ADR election notice to the other party asking the other party to participate in ADR to seek to negotiate a resolution of the dispute. A party given an ADR election notice must, within 10 business days after the notice is given, accept or refuse the request for ADR. If a party given an ADR election notice does not accept the request for ADR within 10 business days after the notice is given, the party is taken to refuse the request. If the request for ADR is accepted under subsection (3) , the parties may, within 10 business days after the acceptance, jointly appoint the ADR facilitator proposed in the ADR election notice, or another ADR facilitator, to conduct the ADR. Chapter 7A , part 1 , division 2 applies to the ADR. s 51A ins 2024 No. 33 s 77 (sec.51A-ssec.1) This section applies if a dispute arises between a resource authority holder and an owner or occupier of land (the parties ) about— deciding a matter mentioned in section 49 (1) (a) , (b) or (c) ; or whether an access agreement between the parties should be varied because of a material change in circumstances. (sec.51A-ssec.2) Either party may give an ADR election notice to the other party asking the other party to participate in ADR to seek to negotiate a resolution of the dispute. (sec.51A-ssec.3) A party given an ADR election notice must, within 10 business days after the notice is given, accept or refuse the request for ADR. (sec.51A-ssec.4) If a party given an ADR election notice does not accept the request for ADR within 10 business days after the notice is given, the party is taken to refuse the request. (sec.51A-ssec.5) If the request for ADR is accepted under subsection (3) , the parties may, within 10 business days after the acceptance, jointly appoint the ADR facilitator proposed in the ADR election notice, or another ADR facilitator, to conduct the ADR. (sec.51A-ssec.6) Chapter 7A , part 1 , division 2 applies to the ADR.
If a dispute arises between a resource authority holder and an owner or occupier of land (the parties ) about a matter mentioned in section 49 (1) , either party may apply to the Land Court for it to decide the matter. In deciding the matter, the Land Court— must have regard to section 49 (2) and (3) ; and may impose conditions it considers appropriate for the exercise of the access rights. Conditions imposed under subsection (2) (b) are taken to be— if there is already an access agreement between the parties—conditions of that agreement; or if there is no access agreement between the parties—an access agreement between the parties. (sec.52-ssec.1) If a dispute arises between a resource authority holder and an owner or occupier of land (the parties ) about a matter mentioned in section 49 (1) , either party may apply to the Land Court for it to decide the matter. (sec.52-ssec.2) In deciding the matter, the Land Court— must have regard to section 49 (2) and (3) ; and may impose conditions it considers appropriate for the exercise of the access rights. (sec.52-ssec.3) Conditions imposed under subsection (2) (b) are taken to be— if there is already an access agreement between the parties—conditions of that agreement; or if there is no access agreement between the parties—an access agreement between the parties.
A resource authority holder, or an owner or occupier of land, may apply to the Land Court to vary an access agreement between them. In deciding the application, the Land Court must have regard to section 49 (2) and (3) . The Land Court may vary the access agreement only if it considers the change is appropriate because of a material change in circumstances. This section does not prevent the owner or occupier and the resource authority holder from agreeing to vary the access agreement. The power of the Land Court to vary an access agreement is not limited by part 6 . (sec.53-ssec.1) A resource authority holder, or an owner or occupier of land, may apply to the Land Court to vary an access agreement between them. (sec.53-ssec.2) In deciding the application, the Land Court must have regard to section 49 (2) and (3) . (sec.53-ssec.3) The Land Court may vary the access agreement only if it considers the change is appropriate because of a material change in circumstances. (sec.53-ssec.4) This section does not prevent the owner or occupier and the resource authority holder from agreeing to vary the access agreement. (sec.53-ssec.5) The power of the Land Court to vary an access agreement is not limited by part 6 .
If a party to an access agreement believes the other party has breached the agreement, the party may apply to the Land Court for an order about the alleged breach. An application may be made during the term, or after the end, of the agreement. The Land Court may make any order it considers appropriate on an application under this section. In this section— party , to an access agreement, means— the following persons who entered into the agreement— the resource authority holder; the owner or occupier of private land; or the successors and assigns of a party mentioned in paragraph (a) that are bound by the agreement under section 79 . s 53A ins 2024 No. 33 s 78 (sec.53A-ssec.1) If a party to an access agreement believes the other party has breached the agreement, the party may apply to the Land Court for an order about the alleged breach. (sec.53A-ssec.2) An application may be made during the term, or after the end, of the agreement. (sec.53A-ssec.3) The Land Court may make any order it considers appropriate on an application under this section. (sec.53A-ssec.4) In this section— party , to an access agreement, means— the following persons who entered into the agreement— the resource authority holder; the owner or occupier of private land; or the successors and assigns of a party mentioned in paragraph (a) that are bound by the agreement under section 79 .
This section applies if— private land has been entered to carry out authorised activities for a resource authority; or access land for a resource authority has been entered in the exercise of the access rights over the land. The holder of the resource authority must, within the prescribed period, give each owner and occupier of the land a report about the entry. The report must comply with the prescribed requirements for the report. This section does not apply if the entry to the land is for the purpose of carrying out an authorised activity for the resource authority that is aerial surveying carried out at 1,000ft or more above land. s 54 amd 2016 No. 30 s 4 ; 2024 No. 33 s 79 (sec.54-ssec.1) This section applies if— private land has been entered to carry out authorised activities for a resource authority; or access land for a resource authority has been entered in the exercise of the access rights over the land. (sec.54-ssec.2) The holder of the resource authority must, within the prescribed period, give each owner and occupier of the land a report about the entry. (sec.54-ssec.3) The report must comply with the prescribed requirements for the report. (sec.54-ssec.4) This section does not apply if the entry to the land is for the purpose of carrying out an authorised activity for the resource authority that is aerial surveying carried out at 1,000ft or more above land.
s 55 om 2019 No. 17 s 208
This division applies for— an entry to public land; and the use of a public road, other than a notifiable road use. For the obligations of a resource authority holder for a notifiable road use, see division 2 . However, this division does not apply in relation to the following resource authorities under the Mineral Resources Act — a prospecting permit; a mining claim; a mining lease. s 56 amd 2020 No. 14 s 218 sch 1 (sec.56-ssec.1) This division applies for— an entry to public land; and the use of a public road, other than a notifiable road use. For the obligations of a resource authority holder for a notifiable road use, see division 2 . (sec.56-ssec.2) However, this division does not apply in relation to the following resource authorities under the Mineral Resources Act — a prospecting permit; a mining claim; a mining lease.
A periodic entry notice is the first notice about an entry, or series of entries, to public land to carry out an authorised activity for a resource authority. A periodic entry notice must— state the period (the entry period ) for which the resource authority holder, or any of the holder’s employees or agents, may enter the land to carry out the authorised activity; and be given to the public land authority no less than the prescribed period before the start of the entry period; and otherwise comply with the prescribed requirements for the notice. An entry period can not be longer than the prescribed period applying for the entry unless the public land authority agrees in writing to a longer period. A periodic entry notice that does not comply with this section is invalid. (sec.57-ssec.1) A periodic entry notice is the first notice about an entry, or series of entries, to public land to carry out an authorised activity for a resource authority. (sec.57-ssec.2) A periodic entry notice must— state the period (the entry period ) for which the resource authority holder, or any of the holder’s employees or agents, may enter the land to carry out the authorised activity; and be given to the public land authority no less than the prescribed period before the start of the entry period; and otherwise comply with the prescribed requirements for the notice. (sec.57-ssec.3) An entry period can not be longer than the prescribed period applying for the entry unless the public land authority agrees in writing to a longer period. (sec.57-ssec.4) A periodic entry notice that does not comply with this section is invalid.
A person must not enter public land to carry out an authorised activity for a resource authority unless— the activity is an activity that may be carried out by a member of the public without requiring specific approval of the public land authority for the land; or travelling on a public road in the area of the resource authority the public land authority for the land has given a waiver of entry notice for the entry; or the entry is made in compliance with a periodic entry notice given by the resource authority holder to the public land authority for the land under section 57 ; or the entry is needed to preserve life or property or because of an emergency that exists, or may exist. Maximum penalty—100 penalty units. A person may comply with subsection (1) (b) or (c) despite merely being an applicant for the resource authority at the time of giving the notice. (sec.58-ssec.1) A person must not enter public land to carry out an authorised activity for a resource authority unless— the activity is an activity that may be carried out by a member of the public without requiring specific approval of the public land authority for the land; or travelling on a public road in the area of the resource authority the public land authority for the land has given a waiver of entry notice for the entry; or the entry is made in compliance with a periodic entry notice given by the resource authority holder to the public land authority for the land under section 57 ; or the entry is needed to preserve life or property or because of an emergency that exists, or may exist. Maximum penalty—100 penalty units. (sec.58-ssec.2) A person may comply with subsection (1) (b) or (c) despite merely being an applicant for the resource authority at the time of giving the notice.
This section applies if a resource authority holder gives a public land authority a periodic entry notice about an entry to public land to carry out an authorised activity for the resource authority. The public land authority may, for the entry period stated in the notice, impose reasonable and relevant conditions on the resource authority holder about the entry to the public land or the carrying out of the authorised activity. The conditions may, for example, be about— giving the public land authority, at stated intervals, notice of particular activities being carried out on the land by or for the holder; or affecting other owners and occupiers of the public land. However, if the public land authority imposes a condition about giving the authority further notice of subsequent entries made during the entry period, the condition must require the notice be given— generally—at least 2 business days before the entry; or if the holder and the public land authority have agreed to a longer or shorter period for giving the notice—within the agreed period. The public land authority can not impose a condition for a resource authority or its relevant environmental authority that is— the same as a condition already applying to the authority; or substantially the same as a condition already applying to the authority; or inconsistent with a condition already applying to the authority. However, if the public land authority is the chief executive of the department in which the Nature Conservation Act 1992 is administered, that chief executive may impose a condition more stringent than the environmental authority’s conditions. The public land authority may vary any condition it imposes if the condition would otherwise be inconsistent with the requirements under subsection (5) . If the public land authority decides— to impose a condition, other than a condition agreed to or requested by the resource authority holder; or to vary a condition, other than a variation agreed to or requested by the resource authority holder; it must give the holder an information notice about the decision. The resource authority holder must comply with the conditions imposed by the public land authority. Maximum penalty for subsection (9) —100 penalty units. In this section— entry period , for a periodic entry notice, see section 57 (2) . (sec.59-ssec.1) This section applies if a resource authority holder gives a public land authority a periodic entry notice about an entry to public land to carry out an authorised activity for the resource authority. (sec.59-ssec.2) The public land authority may, for the entry period stated in the notice, impose reasonable and relevant conditions on the resource authority holder about the entry to the public land or the carrying out of the authorised activity. (sec.59-ssec.3) The conditions may, for example, be about— giving the public land authority, at stated intervals, notice of particular activities being carried out on the land by or for the holder; or affecting other owners and occupiers of the public land. (sec.59-ssec.4) However, if the public land authority imposes a condition about giving the authority further notice of subsequent entries made during the entry period, the condition must require the notice be given— generally—at least 2 business days before the entry; or if the holder and the public land authority have agreed to a longer or shorter period for giving the notice—within the agreed period. (sec.59-ssec.5) The public land authority can not impose a condition for a resource authority or its relevant environmental authority that is— the same as a condition already applying to the authority; or substantially the same as a condition already applying to the authority; or inconsistent with a condition already applying to the authority. (sec.59-ssec.6) However, if the public land authority is the chief executive of the department in which the Nature Conservation Act 1992 is administered, that chief executive may impose a condition more stringent than the environmental authority’s conditions. (sec.59-ssec.7) The public land authority may vary any condition it imposes if the condition would otherwise be inconsistent with the requirements under subsection (5) . (sec.59-ssec.8) If the public land authority decides— to impose a condition, other than a condition agreed to or requested by the resource authority holder; or to vary a condition, other than a variation agreed to or requested by the resource authority holder; it must give the holder an information notice about the decision. (sec.59-ssec.9) The resource authority holder must comply with the conditions imposed by the public land authority. Maximum penalty for subsection (9) —100 penalty units. (sec.59-ssec.10) In this section— entry period , for a periodic entry notice, see section 57 (2) .
A public land authority for land may give a waiver of entry notice for an entry made to the land to carry out an authorised activity for a resource authority. A waiver of an entry notice— is invalid if it does not comply with the prescribed requirements for the notice; and can not be withdrawn during the notified period; and ceases to have effect at the end of the notified period. In this section— notified period , for a waiver of entry notice, means the period stated in the notice as the period during which the land may be entered. (sec.60-ssec.1) A public land authority for land may give a waiver of entry notice for an entry made to the land to carry out an authorised activity for a resource authority. (sec.60-ssec.2) A waiver of an entry notice— is invalid if it does not comply with the prescribed requirements for the notice; and can not be withdrawn during the notified period; and ceases to have effect at the end of the notified period. (sec.60-ssec.3) In this section— notified period , for a waiver of entry notice, means the period stated in the notice as the period during which the land may be entered.
This division applies to the use of a public road if the use is a notifiable road use. s 61 amd 2020 No. 14 s 218 sch 1
A notifiable road use , of a public road, is the use of the road as prescribed by regulation. s 62 amd 2016 No. 30 s 114 sch 1
A resource authority holder must not use a public road for a notifiable road use unless— the holder has given the public road authority for the road a notice, complying with the prescribed requirements, that the holder proposes to carry out the use; and 1 of the following applies— the holder and the relevant public road authority have signed a compensation agreement for the use; the public road authority has given written consent to the carrying out of the use; an application has been made under section 100 to decide the holder’s compensation liability to the public road authority relating to the road. A requirement of a resource authority holder under subsection (1) is taken to be a condition of the resource authority. (sec.63-ssec.1) A resource authority holder must not use a public road for a notifiable road use unless— the holder has given the public road authority for the road a notice, complying with the prescribed requirements, that the holder proposes to carry out the use; and 1 of the following applies— the holder and the relevant public road authority have signed a compensation agreement for the use; the public road authority has given written consent to the carrying out of the use; an application has been made under section 100 to decide the holder’s compensation liability to the public road authority relating to the road. (sec.63-ssec.2) A requirement of a resource authority holder under subsection (1) is taken to be a condition of the resource authority.
The public road authority for a public road may, by written notice, give a resource authority holder a reasonable direction (a road use direction ) about the way the holder may use the road for a notifiable road use. when the road may be used the route for the movement of heavy vehicles safety precautions the holder must take The road use direction may also require the holder to— carry out an assessment of the impacts likely to arise from a notifiable road use the subject of the notice; and consult with the public road authority in carrying out the assessment. However— an assessment can not be required if the notifiable road use is transport relating to a seismic survey or drilling activity; and the public road authority can not require an assessment of an impact to the extent it has already been assessed under an EIS under the Environmental Protection Act or a similar document under another Act. A road use direction is invalid— to the extent it is about more than the following matters— preserving the condition of the road; the safety of road users or the public; and if it is not accompanied by, or does not include, an information notice about the decision to give the direction. Compliance with a road use direction given to a resource authority holder is taken to be a condition of the resource authority. (sec.64-ssec.1) The public road authority for a public road may, by written notice, give a resource authority holder a reasonable direction (a road use direction ) about the way the holder may use the road for a notifiable road use. when the road may be used the route for the movement of heavy vehicles safety precautions the holder must take (sec.64-ssec.2) The road use direction may also require the holder to— carry out an assessment of the impacts likely to arise from a notifiable road use the subject of the notice; and consult with the public road authority in carrying out the assessment. (sec.64-ssec.3) However— an assessment can not be required if the notifiable road use is transport relating to a seismic survey or drilling activity; and the public road authority can not require an assessment of an impact to the extent it has already been assessed under an EIS under the Environmental Protection Act or a similar document under another Act. (sec.64-ssec.4) A road use direction is invalid— to the extent it is about more than the following matters— preserving the condition of the road; the safety of road users or the public; and if it is not accompanied by, or does not include, an information notice about the decision to give the direction. (sec.64-ssec.5) Compliance with a road use direction given to a resource authority holder is taken to be a condition of the resource authority.
A resource authority or a project may be prescribed by regulation as being exempt from some or all of the provisions of this division. An exemption prescribed under subsection (1) may include conditions that must be complied with for the exemption to apply. s 65 amd 2016 No. 30 s 114 sch 1 (sec.65-ssec.1) A resource authority or a project may be prescribed by regulation as being exempt from some or all of the provisions of this division. (sec.65-ssec.2) An exemption prescribed under subsection (1) may include conditions that must be complied with for the exemption to apply.
This part is additional to, and does not limit, parts 2 and 3 . s 66 amd 2016 No. 30 s 5 ; 2020 No. 14 s 218 sch 1
In this part— prescribed activity , for a resource authority— means an authorised activity for the resource authority that is carried out— on the surface of land; or below the surface of land in a way that is likely to cause an impact on the surface of the land, including, for example, subsidence of the land; and does not include— the installation of an underground pipeline or cable if the installation, including the placing of backfill, is completed within 30 days after the start of the installation; or the operation, maintenance or decommissioning of an underground pipeline or cable; or an activity that may be carried out on land by a member of the public without requiring specific approval of an entity; or travelling on a public road in the area of a resource authority crossing land in order to enter the area of the resource authority if the only entry to the area is through the land and— each owner and occupier of the land has agreed in writing to the resource authority holder crossing the land; or if an owner or occupier of the land has refused to agree to the resource authority holder crossing the land—the refusal is unreasonable having regard to the matters mentioned in section 49 (2) and (3) ; or an activity prescribed by regulation. s 67 def prescribed activity amd 2016 No. 30 s 6 (1) prescribed distance ... s 67 def prescribed distance om 2016 No. 30 s 6 (2) relevant owner or occupier , for restricted land for a resource authority, see section 69 . restricted land , for a resource authority, see section 68 . s 67 amd 2020 No. 14 s 218 sch 1
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
This Act may be cited as the Mineral and Energy Resources (Common Provisions) Act 2014 .
This Act commences on a day to be fixed by proclamation.
The main purposes of this Act are— to consolidate particular provisions common to each of the Resource Acts; and to provide for particular common processes that apply to resource authorities; and to manage overlapping coal and petroleum resource authorities for coal seam gas; and to provide for the disqualification of persons from grant or transfer of particular resource authorities; and to assist in achieving the purposes of each of the Resource Acts. s 3 amd 2020 No. 14 s 57
The main purposes are achieved by providing for the following matters mainly in this Act, rather than in each of the Resource Acts— dealings, caveats and associated agreements; land access; the framework for overlapping coal and petroleum resource authorities for coal seam gas; the disqualification from grant or transfer of particular resource authorities; the resource authority register; other miscellaneous matters. It is the intention of Parliament that this Act lead towards the replacement of the Resource Acts with a simplified common framework that will apply to all resource authorities. s 4 amd 2020 No. 14 s 58 ; 2024 No. 33 s 71 (sec.4-ssec.1) The main purposes are achieved by providing for the following matters mainly in this Act, rather than in each of the Resource Acts— dealings, caveats and associated agreements; land access; the framework for overlapping coal and petroleum resource authorities for coal seam gas; the disqualification from grant or transfer of particular resource authorities; the resource authority register; other miscellaneous matters. (sec.4-ssec.2) It is the intention of Parliament that this Act lead towards the replacement of the Resource Acts with a simplified common framework that will apply to all resource authorities.
This Act binds all persons, including the State and as far as the legislative power of the Parliament permits, the Commonwealth and the other States. Nothing in this Act makes the State, the Commonwealth or another State liable to be prosecuted for an offence against this Act. (sec.5-ssec.1) This Act binds all persons, including the State and as far as the legislative power of the Parliament permits, the Commonwealth and the other States. (sec.5-ssec.2) Nothing in this Act makes the State, the Commonwealth or another State liable to be prosecuted for an offence against this Act.
This Act is to be read and construed with, and as if it formed part of, each Resource Act. Without limiting subsection (1) , the following principles apply— this Act is not intended to exclude, limit or otherwise affect the operation of a Resource Act unless this Act otherwise expressly provides; a reference to ‘this Act’ in a provision of a Resource Act relating to any of the following matters includes a reference to this Act— the functions or powers of an authorised officer under a Resource Act, including, for example, the power to give a compliance direction; the functions or powers of a Minister under a Resource Act, including, for example, the power to take noncompliance action; proceedings for an offence against a provision of a Resource Act; if the context permits, a reference to ‘this Act’ in a provision of a Resource Act, other than a provision mentioned in paragraph (b) , includes a reference to this Act. Without limiting subsection (2) (a) , this Act is not intended to exclude, limit or otherwise affect the following unless this Act otherwise expressly provides— the power under a Resource Act to grant a resource authority; the carrying out of authorised activities for a resource authority; the duties, obligations, requirements or restrictions imposed on a resource authority holder. Despite subsections (2) (a) and (3) , if this Act is inconsistent with a Resource Act, this Act prevails to the extent of the inconsistency. Without limiting subsection (1) , (2) , (3) or (4) — if a provision of this Act deals with a particular matter and a provision of a Resource Act deals with the same matter and it is impossible to comply with both provisions, a person must comply with the provision of this Act and is excused from complying with the provision of the Resource Act, to the extent that it can not be complied with; and if a provision of this Act deals with a particular matter and a provision of a Resource Act deals with the same matter and it is possible to comply with both provisions, a person must comply with both provisions. (sec.6-ssec.1) This Act is to be read and construed with, and as if it formed part of, each Resource Act. (sec.6-ssec.2) Without limiting subsection (1) , the following principles apply— this Act is not intended to exclude, limit or otherwise affect the operation of a Resource Act unless this Act otherwise expressly provides; a reference to ‘this Act’ in a provision of a Resource Act relating to any of the following matters includes a reference to this Act— the functions or powers of an authorised officer under a Resource Act, including, for example, the power to give a compliance direction; the functions or powers of a Minister under a Resource Act, including, for example, the power to take noncompliance action; proceedings for an offence against a provision of a Resource Act; if the context permits, a reference to ‘this Act’ in a provision of a Resource Act, other than a provision mentioned in paragraph (b) , includes a reference to this Act. (sec.6-ssec.3) Without limiting subsection (2) (a) , this Act is not intended to exclude, limit or otherwise affect the following unless this Act otherwise expressly provides— the power under a Resource Act to grant a resource authority; the carrying out of authorised activities for a resource authority; the duties, obligations, requirements or restrictions imposed on a resource authority holder. (sec.6-ssec.4) Despite subsections (2) (a) and (3) , if this Act is inconsistent with a Resource Act, this Act prevails to the extent of the inconsistency. (sec.6-ssec.5) Without limiting subsection (1) , (2) , (3) or (4) — if a provision of this Act deals with a particular matter and a provision of a Resource Act deals with the same matter and it is impossible to comply with both provisions, a person must comply with the provision of this Act and is excused from complying with the provision of the Resource Act, to the extent that it can not be complied with; and if a provision of this Act deals with a particular matter and a provision of a Resource Act deals with the same matter and it is possible to comply with both provisions, a person must comply with both provisions.
If the context permits, a reference in another Act or document to a Resource Act is taken to include a reference to this Act.
The dictionary in schedule 2 defines particular words used in this Act.
Each of the following is a Resource Act — the Mineral Resources Act ; the P&G Act ; the 1923 Act ; the Geothermal Act ; the Greenhouse Gas Act .
Each of the following is a resource authority — any of the following under the Mineral Resources Act — a prospecting permit; a mining claim; an exploration permit; a mineral development licence; a mining lease; a water monitoring authority; any of the following under the P&G Act — an authority to prospect; a petroleum lease; a data acquisition authority; a water monitoring authority; a survey licence; a pipeline licence; a petroleum facility licence; any of the following under the 1923 Act — an authority to prospect; a lease; a water monitoring authority; any of the following under the Geothermal Act — a geothermal exploration permit; a geothermal production lease; any of the following under the Greenhouse Gas Act — a GHG exploration permit; a GHG injection and storage lease; a GHG injection and storage data acquisition authority. s 10 amd 2014 No. 64 s 214
The authorised area , for a resource authority, means the area to which the resource authority relates.
A block is the land resulting from a notional division of the earth’s surface, each block being bounded— by 2 parallels of latitude 5 minutes apart, each parallel being a multiple of 5 minutes of latitude from the equator; and by 2 meridians of longitude 5 minutes apart, each meridian being a multiple of 5 minutes of longitude from the prime meridian. A sub-block is the land resulting from a notional division of a block into 25 areas, each sub-block being bounded by 2 parallels of latitude 1 minute apart and 2 meridians of longitude 1 minute of longitude apart. For subsections (1) and (2) , latitude and longitude are defined by reference to the Australian Geodetic Datum 1966. Each block and sub-block must be identified in the way approved by the chief executive. Nothing in this section prevents the chief executive from representing blocks and sub-blocks in a spatial database by reference to a datum other than the Australian Geodetic Datum 1966. In this section— Australian Geodetic Datum 1966 means the reference frame with— a reference spheroid with a major (equatorial) radius of 6,378,160m and a flattening of 100/29825; and its origin at the Johnston Geodetic Station in the Northern Territory, taken to be at 133º12'30.0771" east longitude a
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