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Mineral and Energy Resources (Common Provisions) Act 2014
sec.68What is restricted land
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### sec.68 What is restricted land
Restricted land , for a production resource authority or exploration resource authority, means—
land within 200m laterally of any of the following—
a permanent building used for any of the following purposes—
a residence;
a childcare centre, hospital or library;
a community, sporting or recreational purpose or as a place of worship;
a business;
an area used for any of the following purposes—
a school;
a prescribed ERA, under the Environmental Protection Act , that is aquaculture, intensive animal feedlotting, pig keeping or poultry farming;
an area, building or structure prescribed by regulation; or
land within 50m laterally of any of the following—
an area used for any of the following purposes—
an artesian well, bore, dam or water storage facility;
a principal stockyard;
a cemetery or burial place;
an area, building or structure prescribed by regulation.
Restricted land , for a resource authority other than a production resource authority or exploration resource authority, means land within 50m laterally of any area, building or structure mentioned in subsection (1) .
However, despite subsection (1) , land is only restricted land for a production resource authority if the use of the area, building or structure mentioned in the subsection started before the application for the resource authority was made.
In this section—
exploration resource authority means a resource authority that is—
an exploration permit or mineral development licence under the Mineral Resources Act ; or
an authority to prospect under the P&G Act ; or
an authority to prospect under the 1923 Act ; or
a geothermal exploration permit under the Geothermal Act ; or
a GHG exploration permit under the Greenhouse Gas Act .
place of worship means a place used for the public religious activities of a religious association, including, for example, the charitable, educational and social activities of the association.
production resource authority means a resource authority that is—
any of the following under the Mineral Resources Act —
a mining claim;
a mining lease; or
any of the following under the P&G Act —
a petroleum lease;
a pipeline licence;
a petroleum facility licence; or
a lease under the 1923 Act ; or
a geothermal production lease under the Geothermal Act ; or
a GHG injection and storage lease under the Greenhouse Gas Act .
water storage facility —
means an artificially constructed water storage facility that is connected to a water supply; and
does not include an interconnecting water pipeline.
s 68 amd 2016 No. 30 s 7
(sec.68-ssec.1) Restricted land , for a production resource authority or exploration resource authority, means— land within 200m laterally of any of the following— a permanent building used for any of the following purposes— a residence; a childcare centre, hospital or library; a community, sporting or recreational purpose or as a place of worship; a business; an area used for any of the following purposes— a school; a prescribed ERA, under the Environmental Protection Act , that is aquaculture, intensive animal feedlotting, pig keeping or poultry farming; an area, building or structure prescribed by regulation; or land within 50m laterally of any of the following— an area used for any of the following purposes— an artesian well, bore, dam or water storage facility; a principal stockyard; a cemetery or burial place; an area, building or structure prescribed by regulation.
(sec.68-ssec.2) Restricted land , for a resource authority other than a production resource authority or exploration resource authority, means land within 50m laterally of any area, building or structure mentioned in subsection (1) .
(sec.68-ssec.3) However, despite subsection (1) , land is only restricted land for a production resource authority if the use of the area, building or structure mentioned in the subsection started before the application for the resource authority was made.
(sec.68-ssec.4) In this section— exploration resource authority means a resource authority that is— an exploration permit or mineral development licence under the Mineral Resources Act ; or an authority to prospect under the P&G Act ; or an authority to prospect under the 1923 Act ; or a geothermal exploration permit under the Geothermal Act ; or a GHG exploration permit under the Greenhouse Gas Act . place of worship means a place used for the public religious activities of a religious association, including, for example, the charitable, educational and social activities of the association. production resource authority means a resource authority that is— any of the following under the Mineral Resources Act — a mining claim; a mining lease; or any of the following under the P&G Act — a petroleum lease; a pipeline licence; a petroleum facility licence; or a lease under the 1923 Act ; or a geothermal production lease under the Geothermal Act ; or a GHG injection and storage lease under the Greenhouse Gas Act . water storage facility — means an artificially constructed water storage facility that is connected to a water supply; and does not include an interconnecting water pipeline.
- (a) land within 200m laterally of any of the following— (i) a permanent building used for any of the following purposes— (A) a residence; (B) a childcare centre, hospital or library; (C) a community, sporting or recreational purpose or as a place of worship; (D) a business; (ii) an area used for any of the following purposes— (A) a school; (B) a prescribed ERA, under the Environmental Protection Act , that is aquaculture, intensive animal feedlotting, pig keeping or poultry farming; (iii) an area, building or structure prescribed by regulation; or
- (i) a permanent building used for any of the following purposes— (A) a residence; (B) a childcare centre, hospital or library; (C) a community, sporting or recreational purpose or as a place of worship; (D) a business;
- (A) a residence;
- (B) a childcare centre, hospital or library;
- (C) a community, sporting or recreational purpose or as a place of worship;
- (D) a business;
- (ii) an area used for any of the following purposes— (A) a school; (B) a prescribed ERA, under the Environmental Protection Act , that is aquaculture, intensive animal feedlotting, pig keeping or poultry farming;
- (A) a school;
- (B) a prescribed ERA, under the Environmental Protection Act , that is aquaculture, intensive animal feedlotting, pig keeping or poultry farming;
- (iii) an area, building or structure prescribed by regulation; or
- (b) land within 50m laterally of any of the following— (i) an area used for any of the following purposes— (A) an artesian well, bore, dam or water storage facility; (B) a principal stockyard; (C) a cemetery or burial place; (ii) an area, building or structure prescribed by regulation.
- (i) an area used for any of the following purposes— (A) an artesian well, bore, dam or water storage facility; (B) a principal stockyard; (C) a cemetery or burial place;
- (A) an artesian well, bore, dam or water storage facility;
- (B) a principal stockyard;
- (C) a cemetery or burial place;
- (ii) an area, building or structure prescribed by regulation.
- (i) a permanent building used for any of the following purposes— (A) a residence; (B) a childcare centre, hospital or library; (C) a community, sporting or recreational purpose or as a place of worship; (D) a business;
- (A) a residence;
- (B) a childcare centre, hospital or library;
- (C) a community, sporting or recreational purpose or as a place of worship;
- (D) a business;
- (ii) an area used for any of the following purposes— (A) a school; (B) a prescribed ERA, under the Environmental Protection Act , that is aquaculture, intensive animal feedlotting, pig keeping or poultry farming;
- (A) a school;
- (B) a prescribed ERA, under the Environmental Protection Act , that is aquaculture, intensive animal feedlotting, pig keeping or poultry farming;
- (iii) an area, building or structure prescribed by regulation; or
- (A) a residence;
- (B) a childcare centre, hospital or library;
- (C) a community, sporting or recreational purpose or as a place of worship;
- (D) a business;
- (A) a school;
- (B) a prescribed ERA, under the Environmental Protection Act , that is aquaculture, intensive animal feedlotting, pig keeping or poultry farming;
- (i) an area used for any of the following purposes— (A) an artesian well, bore, dam or water storage facility; (B) a principal stockyard; (C) a cemetery or burial place;
- (A) an artesian well, bore, dam or water storage facility;
- (B) a principal stockyard;
- (C) a cemetery or burial place;
- (ii) an area, building or structure prescribed by regulation.
- (A) an artesian well, bore, dam or water storage facility;
- (B) a principal stockyard;
- (C) a cemetery or burial place;
- (a) an exploration permit or mineral development licence under the Mineral Resources Act ; or
- (b) an authority to prospect under the P&G Act ; or
- (c) an authority to prospect under the 1923 Act ; or
- (d) a geothermal exploration permit under the Geothermal Act ; or
- (e) a GHG exploration permit under the Greenhouse Gas Act .
- (a) any of the following under the Mineral Resources Act — • a mining claim; • a mining lease; or
- • a mining claim;
- • a mining lease; or
- (b) any of the following under the P&G Act — • a petroleum lease; • a pipeline licence; • a petroleum facility licence; or
- • a petroleum lease;
- • a pipeline licence;
- • a petroleum facility licence; or
- (c) a lease under the 1923 Act ; or
- (d) a geothermal production lease under the Geothermal Act ; or
- (e) a GHG injection and storage lease under the Greenhouse Gas Act .
- • a mining claim;
- • a mining lease; or
- • a petroleum lease;
- • a pipeline licence;
- • a petroleum facility licence; or
- (a) means an artificially constructed water storage facility that is connected to a water supply; and
- (b) does not include an interconnecting water pipeline.