sec.2Definitions

### sec.2 Definitions In this Act— 1923 Act petroleum interest means— a 1923 Act petroleum tenure; or a right existing under, or in relation to, a 1923 Act petroleum tenure. s 2 def 1923 Act petroleum interest ins 2012 No. 20 s 66 (1) 1923 Act petroleum tenure — generally, means an authority to prospect or lease under this Act; and for the following provisions, includes a water monitoring authority— section 75K ; part 6D , divisions 3 and 4 ; part 6L , division 2 ; parts 6O and 6P . s 2 def 1923 Act petroleum tenure ins 2004 No. 26 s 4 (2) sub 2010 No. 53 s 65 (1) –(2) amd 2013 No. 23 s 153 sub 2014 No. 47 s 508 (1) – (2) ; 2018 No. 24 s 180 amd 2020 No. 14 s 218 sch 1 2004 Act means the Petroleum and Gas (Production and Safety) Act 2004 . s 2 def 2004 Act ins 2004 No. 26 s 4 (2) 2004 Act ATP means an authority to prospect under the 2004 Act . s 2 def 2004 Act ATP ins 2004 No. 26 s 4 (2) 2004 Act lease means a petroleum lease under the 2004 Act . s 2 def 2004 Act lease ins 2004 No. 26 s 4 (2) 2004 Act petroleum authority see the 2004 Act , section 18 (2) . s 2 def 2004 Act petroleum authority ins 2005 No. 3 s 10 (2) 2004 Act petroleum tenure means a 2004 Act ATP or 2004 Act lease. s 2 def 2004 Act petroleum tenure ins 2004 No. 26 s 4 (2) 2004 Act start day ... s 2 def 2004 Act start day ins 2004 No. 26 s 4 (2) om 2007 No. 46 s 241 sch access ... s 2 def access ins 1995 No. 22 s 4 (2) om 2003 No. 29 s 373 access agreement ... s 2 def access agreement ins 1995 No. 22 s 4 (2) om 2003 No. 29 s 373 access dispute ... s 2 def access dispute ins 1995 No. 22 s 4 (2) om 2003 No. 29 s 373 access principles ... s 2 def access principles ins 1995 No. 22 s 4 (2) sub 1997 No. 71 s 4 (1) – (2) om 2003 No. 29 s 373 access provider ... s 2 def access provider ins 1995 No. 22 s 4 (2) om 2003 No. 29 s 373 acquired land means land that was taken under a resumption law, other than by taking or otherwise creating an easement, if all petroleum interests relating to the land were extinguished under section 124A . s 2 def acquired land ins 2012 No. 20 s 66 (1) ADR ... s 2 def ADR ins 2010 No. 31 s 468 (2) om 2014 No. 47 s 508 (1) advanced activity ... s 2 def advanced activity ins 2010 No. 31 s 468 (2) om 2019 No. 17 s 240 ALA means the Acquisition of Land Act 1967 . s 2 def ALA ins 2012 No. 20 s 66 (1) appeal period , for a decision, means the period provided for under section 105 for starting an appeal against the decision. s 2 def appeal period ins 2004 No. 26 s 4 (2) apply , in relation to making an application, has the meaning affected by section 124AA . s 2 def apply ins 2012 No. 20 s 246 (2) appropriately qualified , for the performance of a function or exercise of a power, includes having the qualifications, experience and competence to perform the function or exercise the power. s 2 def appropriately qualified ins 2012 No. 20 s 246 (2) approved arbitrator ... s 2 def approved arbitrator ins 1995 No. 22 s 4 (2) om 2003 No. 29 s 373 area — The area of a 1923 Act petroleum tenure is any land to which the tenure is subject, as recorded in the register. However, the area of a 1923 Act petroleum tenure does not include any excluded land for the tenure. See also section 124B in relation to the exclusion of land from a 1923 Act petroleum tenure’s area following the taking of the land under a resumption law. The area of a 2004 Act petroleum tenure is the land to which the tenure is subject, as recorded in the register. The area of a mining tenement is the land to which the tenement is subject. s 2 def area ins 2004 No. 26 s 4 (2) amd 2012 No. 20 s 66 (2) ; 2014 No. 47 s 514 (1) – (2) assessable transfer ... s 2 def assessable transfer ins 2012 No. 20 s 246 (2) om 2014 No. 47 s 499 (1) associated facility ... s 2 def associated facility ins 1995 No. 22 s 4 (2) om 2003 No. 29 s 373 authorised activity — An authorised activity , for a 1923 Act petroleum tenure or water monitoring authority, is an activity that its holder is, under this Act, the tenure or authority, entitled to carry out in relation to the tenure or authority. The carrying out of particular activities on particular land in a 1923 Act petroleum tenure’s area may not be authorised following the taking of the land under a resumption law. See section 124B . An authorised activity , for a coal or oil shale mining tenement, is an activity that its holder is, under the Mineral Resources Act or the tenement, entitled to carry out in relation to the tenement. An authorised activity , for a GHG authority, is an activity that its holder is, under the GHG storage Act or the authority, entitled to carry out or exercise in relation to the authority. An authorised activity , for a geothermal tenure, is an activity that its holder is, under the Geothermal Act or the tenure, entitled to carry out or exercise in relation to the tenure. s 2 def authorised activity ins 2004 No. 26 s 4 (2) amd 2005 No. 3 s 10 (3) ; 2009 No. 3 s 524 (2) ; 2010 No. 31 s 534 (3) ; 2012 No. 20 s 66 (3) authority to prospect means an authority to prospect under this Act. s 2 def authority to prospect ins 1955 4 Eliz 2 No. 25 s 2 sub 1995 No. 22 s 4 (1) – (2) award ... s 2 def award ins 1995 No. 22 s 4 (2) om 2003 No. 29 s 373 barrel ... s 2 def barrel ins 1927 18 Geo 5 No. 13 s 2(ii) sub 1967 No. 37 s 2 (a) om 2003 No. 29 s 373 block see the Common Provisions Act , section 11A (1) . s 2 def block ins 2004 No. 26 s 4 (2) sub 2020 No. 9 s 41 capability criteria , for a 1923 Act petroleum tenure, means the extent to which the Minister is of the opinion that its holder is capable of carrying out authorised activities for the tenure, having regard to the holder’s— financial and technical resources; and ability to manage petroleum exploration and production. s 2 def capability criteria ins 2004 No. 26 s 4 (2) capacity entitlement ... s 2 def capacity entitlement ins 1995 No. 22 s 4 (2) om 2003 No. 29 s 373 casinghead petroleum spirit ... s 2 def casinghead petroleum spirit ins 1962 No. 30 s 2 (1) (a) om 2003 No. 29 s 373 coal exploration tenement see section 76M (1) . s 2 def coal exploration tenement ins 2004 No. 26 s 4 (2) coal mining lease see section 76M (2) . s 2 def coal mining lease ins 2004 No. 26 s 4 (2) coal or oil shale mining lease means a coal mining lease or oil shale mining lease under the Mineral Resources Act . s 2 def coal or oil shale mining lease ins 2004 No. 26 s 4 (2) coal or oil shale mining tenement means a coal mining or oil shale mining tenement under the Mineral Resources Act . s 2 def coal or oil shale mining tenement ins 2004 No. 26 s 4 (2) coal seam gas see section 76K (1) . s 2 def coal seam gas ins 2004 No. 26 s 4 (2) commercial viability report see section 75F (1) . s 2 def commercial viability report ins 2004 No. 26 s 4 (2) Common Provisions Act means the Mineral and Energy Resources (Common Provisions) Act 2014 . s 2 def Common Provisions Act ins 2014 No. 47 s 497 Commonwealth Native Title Act means the Native Title Act 1993 (Cwlth) . s 2 def Commonwealth Native Title Act ins 2004 No. 26 s 4 (2) company ... s 2 def company ins 1965 No. 19 s 4 sch 2 sub 1983 No. 13 s 12 om 1995 No. 22 s 4 (1) compensation agreement ... s 2 def compensation agreement ins 2004 No. 26 s 4 (2) om 2010 No. 31 s 468 (1) compensation application ... s 2 def compensation application ins 2010 No. 31 s 468 (2) om 2014 No. 47 s 508 (1) compensation liability see the Common Provisions Act , section 81 (2) . s 2 def compensation liability ins 2004 No. 26 s 4 (2) sub 2010 No. 31 s 468 ; 2014 No. 47 s 508 (1) – (2) conditions of a 1923 Act petroleum tenure means— the conditions stated in it from time to time; and the tenure holder’s obligations under this Act; and any condition of the tenure under this Act; and a condition that a tenure holder must ensure each person acting for the holder who carries out an authorised activity for the tenure complies with its conditions to the extent they apply to the carrying out of the activity. For who may carry out an authorised activity for a holder, see section 75E . s 2 def conditions ins 2004 No. 26 s 4 (2) amd 2012 No. 20 s 125 sch 1 conduct and compensation agreement see the Common Provisions Act , section 83 (1) . s 2 def conduct and compensation agreement ins 2010 No. 31 s 468 (2) sub 2014 No. 47 s 508 (1) – (2) conduct and compensation agreement requirement see section 78Q (2) . s 2 def conduct and compensation agreement requirement ins 2010 No. 31 s 468 (2) conference election notice ... s 2 def conference election notice ins 2018 No. 24 s 180 (2) om 2020 No. 14 s 169 coordinated development agreement see section 177 (4) . s 2 def coordinated development agreement ins 2004 No. 26 s 4 (2) coordination arrangement means a coordination arrangement under the 2004 Act . s 2 def coordination arrangement ins 2004 No. 26 s 4 (2) corporation sole ... s 2 def corporation sole ins 1988 No. 51 s 4 sub 1995 No. 22 s 4 (1) – (2) om 2004 No. 26 s 4 (1) Crown land ... s 2 def Crown land sub 1962 No. 30 s 2 (1) (b) om 1995 No. 22 s 4 (1) crude oil means petroleum oil in its natural state before it has been refined or otherwise treated but from which water and other foreign substances may have been extracted. s 2 def crude oil ins 1962 No. 30 s 2 (1) (b) CSG assessment criteria see section 76U (1) (b) . s 2 def CSG assessment criteria ins 2004 No. 26 s 4 (2) CSG statement see section 76U (1) (a) . s 2 def CSG statement ins 2004 No. 26 s 4 (2) current term , of an authority to prospect, see section 171 . s 2 def current term ins 2004 No. 26 s 4 (2) dangerous situation means a situation relating to petroleum, or fuel gas as defined under the 2004 Act , in which an inspector under the 2004 Act reasonably believes an imminent risk of material harm to persons or property is likely if action is not taken to avoid, eliminate or minimise the risk. s 2 def dangerous situation ins 2004 No. 26 s 4 (2) dealing , in relation to a 1923 Act petroleum tenure, means a dealing with a resource authority, under the Common Provisions Act , that is a 1923 Act petroleum tenure. s 2 def dealing ins 2008 No. 56 s 82 (2) sub 2012 No. 20 s 246 ; 2014 No. 47 s 499 declared pipeline ... s 2 def declared pipeline ins 1985 No. 101 s 2 (a) sub 1993 No. 35 s 3 om 1995 No. 22 s 4 (1) deferral agreement see the Common Provisions Act , section 44 . s 2 def deferral agreement ins 2010 No. 31 s 468 (2) sub 2014 No. 47 s 508 (1) – (2) developable capacity ... s 2 def developable capacity ins 1995 No. 22 s 4 (2) om 2003 No. 29 s 373 development plan — The development plan for a lease is— for a lease in force before 31 December 2004—its current program for development and production under former section 50 that, under section 156, is taken to be its development plan; or for a lease granted after 31 December 2004—the proposed program for development and production of petroleum for the application for the lease, lodged under section 40 (2) (b) . However, if, under part 6 , division 2 , a later development plan is approved for the lease, the later development plan is the development plan for the lease. s 2 def development plan ins 2004 No. 26 s 4 (2) amd 2007 No. 46 s 241 sch drill , other than for sections 48 , 83 , 84 and 89 — includes to bore; and for, a water supply bore, includes excavating the bore. s 2 def drill ins 2004 No. 26 s 4 (2) drilling means drilling, for sections 48 , 83 , 84 and 89 , or boring. s 2 def drilling amd 2004 No. 26 s 4 (3) election notice ... s 2 def election notice ins 2010 No. 31 s 468 (2) sub 2014 No. 47 s 508 (1) – (2) om 2018 No. 24 s 180 (1) eligible claimant ... s 2 def eligible claimant ins 2004 No. 26 s 4 (2) sub 2010 No. 31 s 468 ; 2014 No. 47 s 508 (1) – (2) om 2020 No. 14 s 169 enter a place includes the exercise of the rights in relation to the place under section 74X . s 2 def enter ins 2004 No. 26 s 4 (2) entry notice ... s 2 def entry notice ins 2004 No. 26 s 4 (2) sub 2010 No. 31 s 468 om 2014 No. 47 s 508 (1) entry period ... s 2 def entry period ins 2004 No. 26 s 4 (2) om 2010 No. 31 s 468 (1) entry permission ... s 2 def entry permission ins 1995 No. 22 s 4 (2) om 2004 No. 26 s 4 (1) Environmental Protection Act means the Environmental Protection Act 1994 . s 2 def Environmental Protection Act ins 2004 No. 26 s 4 (2) excluded land for— an authority to prospect, means excluded land for the authority, decided under section 18A ; or a lease, means excluded land for the lease, decided under section 40B . For an area of land in the area of a coal or oil shale mining lease becoming excluded land, see section 154 . s 2 def excluded land ins 2004 No. 26 s 4 (2) amd 2008 No. 33 s 125 sch 1 ; 2012 No. 20 s 125 sch 1 executive officer , of a corporation, means a person who is concerned with or takes part in its management, whether or not the person is a director or the person’s position is given the name of executive officer. s 2 def executive officer prev def ins 1995 No. 22 s 4 (2) om 2004 No. 26 s 4 (1) pres def ins 2012 No. 20 s 246 (2) existing Water Act bore ... s 2 def existing Water Act bore ins 2005 No. 3 s 10 (2) om 2010 No. 53 s 65 (1) explore , for petroleum, means to carry out an activity for the purpose of finding petroleum in a natural underground reservoir. conducting a geochemical, geological or geophysical survey drilling a well for petroleum or the investigation of the geological structure or stratigraphy in the well carrying out testing in relation to a well taking a sample for chemical or other analysis s 2 def explore ins 2004 No. 26 s 4 (2) facility ... s 2 def facility ins 1995 No. 22 s 4 (2) amd 1996 No. 77 s 3 ; 1997 No. 71 s 4 (3) om 2003 No. 29 s 373 facility owner ... s 2 def facility owner ins 1995 No. 22 s 4 (2) om 2003 No. 29 s 373 facility user ... s 2 def facility user ins 1995 No. 22 s 4 (2) om 2003 No. 29 s 373 fee includes tax. s 2 def fee ins 2004 No. 26 s 4 (2) first authority ... s 2 def first authority ins 2010 No. 31 s 534 (2) om 2014 No. 47 s 508 (1) first tenure ... s 2 def first tenure ins 2004 No. 26 s 4 (2) om 2010 No. 31 s 534 (1) Geothermal Act see section 4A . s 2 def Geothermal Act ins 2010 No. 31 s 534 (2) geothermal activity see the Geothermal Act , section 18 . s 2 def geothermal activity ins 2010 No. 31 s 534 (2) geothermal coordination arrangement see the Geothermal Act , section 138 (4) . s 2 def geothermal coordination arrangement ins 2010 No. 31 s 534 (2) geothermal exploration permit means a geothermal exploration permit under the Geothermal Exploration Act 2004 . s 2 def geothermal exploration permit ins 2004 No. 26 s 4 (2) geothermal lease see the Geothermal Act , section 19 (1) (b) . s 2 def geothermal lease ins 2010 No. 31 s 534 (2) geothermal permit see the Geothermal Act , section 19 (1) (a) . s 2 def geothermal permit ins 2010 No. 31 s 534 (2) geothermal tenure see the Geothermal Act , section 19 (2) . s 2 def geothermal tenure ins 2010 No. 31 s 534 (2) GHG means greenhouse gas. s 2 def GHG ins 2009 No. 3 s 524 (1) GHG authority see the GHG storage Act , section 18 (3) . s 2 def GHG authority ins 2009 No. 3 s 524 (1) GHG coordination arrangement see the GHG storage Act , section 186 (3) . s 2 def GHG coordination arrangement ins 2009 No. 3 s 524 (1) GHG lease see the GHG storage Act , section 18 (1) (b) . s 2 def GHG lease ins 2009 No. 3 s 524 (1) GHG permit see the GHG storage Act , section 18 (1) (a) . s 2 def GHG permit ins 2009 No. 3 s 524 (1) GHG storage Act see section 4A . s 2 def GHG storage Act ins 2009 No. 3 s 524 (1) GHG storage activity means an authorised activity under the GHG storage Act for a GHG authority. s 2 def GHG storage activity ins 2009 No. 3 s 524 (1) GHG stream see the GHG storage Act , section 12 . s 2 def GHG stream ins 2009 No. 3 s 524 (1) GHG stream storage see the GHG storage Act , section 14 . s 2 def GHG stream storage ins 2009 No. 3 s 524 (1) GHG tenure see the GHG storage Act , section 18 (2) . s 2 def GHG tenure ins 2009 No. 3 s 524 (1) give , a document to the Minister or the chief executive, has the meaning affected by section 124AA . s 2 def give ins 2012 No. 20 s 246 (2) holder , of a 1923 Act petroleum tenure, means each person recorded in the register as its holder. s 2 def holder ins 2004 No. 26 s 4 (2) amd 2014 No. 47 s 514 (1) impaired capacity ... s 2 def impaired capacity ins 2005 No. 3 s 10 (2) om 2010 No. 53 s 65 (1) incidental coal seam gas see section 76K (2) . s 2 def incidental coal seam gas ins 2004 No. 26 s 4 (2) independent viability assessment see section 75H (2) . s 2 def independent viability assessment ins 2004 No. 26 s 4 (2) indicative access conditions ... s 2 def indicative access conditions ins 1995 No. 22 s 4 (2) om 2003 No. 29 s 373 indicative approval ... s 2 def indicative approval ins 2012 No. 20 s 246 (2) om 2014 No. 47 s 499 (1) indicative tariff ... s 2 def indicative tariff ins 1997 No. 71 s 4 (2) om 2003 No. 29 s 373 indicative tariff schedule ... s 2 def indicative tariff schedule ins 1995 No. 22 s 4 (2) om 1997 No. 71 s 4 (1) information-giver , for part 6F , see section 78A (1) . s 2 def information-giver ins 2009 No. 3 s 524 (1) information notice , for a decision, means a notice stating each of the following— the decision, and the reasons for it; all appeal rights under this Act; the period in which any appeal under this Act must be started; how appeal rights under this Act are to be exercised; that a stay of a decision the subject of an appeal under this Act may be applied for under this Act. s 2 def information notice ins 2004 No. 26 s 4 (2) interfere with includes tamper. s 2 def interfere with ins 2005 No. 3 s 10 (2) land includes land covered by water, and whether by sea or otherwise. s 2 def land ins 1962 No. 30 s 2 (1) (c) land access code see the Common Provisions Act , section 36 . s 2 def land access code ins 2010 No. 31 s 468 (2) sub 2014 No. 47 s 508 (1) – (2) later development plan requirements see section 53 . s 2 def later development plan requirements ins 2004 No. 26 s 4 (2) later work program requirements see section 25 . s 2 def later work program requirements ins 2004 No. 26 s 4 (2) lease means a petroleum lease granted under this Act. legacy borehole means a bore or well that— was drilled for the purpose (the original purpose ) of— exploration or production of mineral or petroleum resources; or informing the exploration or production of mineral or petroleum resources; and is no longer used for the original or another purpose. s 2 def legacy borehole ins 2014 No. 47 s 521 lessee means the holder of a petroleum lease. licence ... s 2 def licence ins 1962 No. 30 s 2 (1) (d) amd 1985 No. 101 s 2 (b) sub 1995 No. 22 s 4 (1) – (2) om 2004 No. 26 s 4 (1) licensed water bore driller means an individual who holds a water bore driller’s licence under the Water Act . s 2 def licensed water bore driller ins 2004 No. 26 s 4 (2) licensee ... s 2 def licensee ins 1962 No. 30 s 2 (1) (d) om 2004 No. 26 s 4 (1) lodge , a document, has the meaning affected by section 124AA . s 2 def lodge ins 2012 No. 20 s 246 (2) make good agreement ... s 2 def make good agreement ins 2005 No. 3 s 10 (2) om 2010 No. 53 s 65 (1) make good obligation ... s 2 def make good obligation ins 2005 No. 3 s 10 (2) om 2010 No. 53 s 65 (1) make submissions has the meaning affected by section 124AA . s 2 def make submissions ins 2012 No. 20 s 246 (2) mandatory condition for— an authority to prospect, means a condition of the authority imposed under part 6A , division 2 or 4 as a mandatory condition or prescribed under section 90 ; or a lease, means— a condition of the lease imposed under part 6A , division 3 or 4 as a mandatory condition or prescribed under section 90 as a mandatory condition; or the reservations, conditions and covenants of the lease imposed under section 47 . s 2 def mandatory condition ins 2004 No. 26 s 4 (2) mandatory provision , of the land access code, means a provision of that code that the code requires compliance with. s 2 def mandatory provision ins 2010 No. 31 s 468 (2) mark the land ... s 2 def mark the land om 2004 No. 26 s 4 (1) Mineral Resources Act means the Mineral Resources Act 1989 . s 2 def Mineral Resources Act ins 2004 No. 26 s 4 (2) minimum negotiation period ... s 2 def minimum negotiation period ins 2010 No. 31 s 468 (2) om 2014 No. 47 s 508 (1) mining interest means— a mining tenement under the Mineral Resources Act ; or a tenure held from the State under another Act about mining, under which the holder is authorised to carry out mining or a related mineral or energy resources activity under the Mineral Resources Act . s 2 def mining interest ins 2004 No. 26 s 4 (2) mining lease see the Mineral Resources Act , schedule 2 . s 2 def mining lease ins 2004 No. 26 s 4 (2) amd 2010 No. 31 ss 425 , 467 , 533 sch 2 pt 2 mining tenement means a mining tenement under the Mineral Resources Act . s 2 def mining tenement ins 2004 No. 26 s 4 (2) Minister ... s 2 def Minister ins 1962 No. 30 s 2 (1) (e) sub 1967 No. 37 s 2 (b) om 1993 No. 35 s 3 (1) monitoring report ... s 2 def monitoring report ins 2005 No. 3 s 10 (2) om 2010 No. 53 s 65 (1) natural gas means gas consisting primarily of hydrocarbons, and obtained from boreholes or from crude oil. s 2 def natural gas ins 1962 No. 30 s 2 (1) (e) natural underground reservoir — A natural underground reservoir is a part of a geological formation or structure— in which petroleum has accumulated; or that is suitable to store petroleum. A geological formation or structure mentioned in item 1 does not cease to be a natural underground reservoir merely because it has been modified for petroleum production or storage. In items 1 and 2, a geological formation includes a coal seam. s 2 def natural underground reservoir ins 2004 No. 26 s 4 (2) negotiation notice ... s 2 def negotiation notice ins 2010 No. 31 s 468 (2) om 2014 No. 47 s 508 (1) nominal capacity ... s 2 def nominal capacity ins 1995 No. 22 s 4 (2) om 2003 No. 29 s 373 non-assessable transfer ... s 2 def non-assessable transfer ins 2012 No. 20 s 246 (2) om 2014 No. 47 s 499 (1) noncompliance action means action of a type mentioned in section 80T . s 2 def noncompliance action ins 2004 No. 26 s 4 (2) non-discriminatory ... s 2 def non-discriminatory ins 1995 No. 22 s 4 (2) om 2003 No. 29 s 373 notice means a written notice. s 2 def notice ins 2004 No. 26 s 4 (2) notice of intention to resume , for the proposed taking of land under a resumption law, means— if the land is taken under the process stated in the ALA (whether the land is taken under the ALA or another resumption law)—the notice of intention to resume under the ALA ; or otherwise—the notice, however named, required to be given under the resumption law to notify persons of the proposed taking. s 2 def notice of intention to resume ins 2012 No. 20 s 66 (1) notifiable road use see the Common Provisions Act , section 62 . s 2 def notifiable road use ins 2004 No. 26 s 4 (2) sub 2014 No. 47 s 508 (1) – (2) occupier , of a place, means a person— who, under an Act or a lease registered under the Land Title Act 1994 , has a right to occupy the place, other than under a mining interest, 1923 Act petroleum tenure, 2004 Act petroleum authority, GHG authority or geothermal tenure; or to whom an owner of the place or another occupier under paragraph (a) has given the right to occupy the place. s 2 def occupier ins 2004 No. 26 s 4 (2) sub 2010 No. 31 s 468 amd 2013 No. 10 s 161 oil shale see section 76L . s 2 def oil shale ins 2004 No. 26 s 4 (2) oil shale exploration tenement see section 76N (1) . s 2 def oil shale exploration tenement ins 2004 No. 26 s 4 (2) oil shale mining lease see section 76N (2) . s 2 def oil shale mining lease ins 2004 No. 26 s 4 (2) on , land or another place, includes across, attached to, in, under or over the land or place. s 2 def on ins 1995 No. 22 s 4 (2) sub 2004 No. 26 s 4 (1) – (2) operate , a pipeline— Operate , a pipeline, includes use, inspect, test, maintain, repair, alter, add to and replace the pipeline. For item 1, using a pipeline includes using it to transport petroleum. s 2 def operate ins 2004 No. 26 s 4 (2) operating plant see the 2004 Act , section 670 . s 2 def operating plant ins 2004 No. 26 s 4 (2) original notional sub-blocks , of an authority to prospect— The original notional sub-blocks , of an authority to prospect, are the sub-blocks included in the area of the authority at the following time— if the authority was granted before 31 December 2004—immediately after its first renewal after that day; if the authority was granted on or after 31 December 2004—when it was originally granted. However, the original notional sub-block s do not include any sub-block completely within the area of a lease under this Act or a 2004 Act lease. s 2 def original notional sub-blocks ins 2004 No. 26 s 4 (2) amd 2007 No. 46 s 241 sch sub 2018 No. 24 s 180 overlapping authority (geothermal or GHG) , for part 6FA , see section 78CB . s 2 def overlapping authority (geothermal or GHG) ins 2010 No. 31 s 534 (2) overlapping GHG authority ... s 2 def overlapping GHG authority ins 2009 No. 3 s 524 (1) om 2010 No. 31 s 534 (1) overlapping tenure , for part 6FA , see section 78CH (b) . s 2 def overlapping tenure ins 2010 No. 31 s 534 (2) owner — An owner , of land, means each person as follows in relation to the land— for freehold land—a registered owner; for land for which a person is, or will on performing conditions, be entitled to a deed of grant in fee simple—the person; if an estate in fee simple of land is being purchased from the State—the purchaser; for a public road—the public road authority for the road; for land that is busway land, light rail land, rail corridor land or a cane railway or other railway—the public land authority for the land; for required land under the Transport Infrastructure Act 1994 , section 436 —the chief executive of the department in which that Act is administered; for a forest entitlement area, State forest or timber reserve under the Forestry Act 1959 —the chief executive of the department in which that Act is administered; for a conservation park or resources reserve under the Nature Conservation Act 1992 (the NCA ) for which there are trustees— if, under the NCA, the park or reserve has trustees whose powers are not restricted—the trustees; or otherwise—the chief executive of the department in which the NCA is administered; for DOGIT land under the Aboriginal Land Act 1991 or the Torres Strait Islander Land Act 1991 —a trustee for the land; for Aboriginal land under the Aboriginal Land Act 1991 that is taken to be a reserve because of section 202 (2) or (4) (b) of that Act—the trustee of the land; for Torres Strait Islander land under the Torres Strait Islander Land Act 1991 that is taken to be a reserve because of section 151 (2) of that Act—the trustee of the land; for land under the Land Act 1994 for which there are trustees—a trustee; for transport land under the Transport Planning and Coordination Act 1994 —the chief executive of the department in which that Act is administered; for land vested in the Minister administering the Education (General Provisions) Act 2006 —that Minister; for land vested in the Queensland Housing Commission or another Minister or a chief executive responsible for constructing public buildings—the Minister administering the relevant Act; for land held from the State under another Act under an interest less than fee simple (other than occupation rights under a permit under the Land Act 1994 )—the person who holds the interest; for any of the following land under the NCA, the chief executive of the department in which the NCA is administered— a national park (scientific); a national park; a national park (Aboriginal land); a national park (Torres Strait Islander land); a forest reserve. 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 has more than 1 owner, a reference in this Act to its owner of the land is a reference to each of its owners. s 2 def owner ins 2004 No. 26 s 4 (2) amd 2005 No. 3 s 10 (4) – (5) ; 2006 No. 39 s 512 (1) sch 1 ; 2010 No. 53 s 65 (3) – (4) ; 2011 No. 26 s 125 (1) – (2) ; 2013 No. 55 ss 156 , 175 sch 1 pt 2 ; 2014 No. 45 s 58 sch 1 pt 2 ; 2016 No. 22 s 48 sch 1 ; 2014 No. 47 s 524 parties ... s 2 def parties ins 2010 No. 31 s 468 (2) sub 2014 No. 47 s 508 (1) – (2) om 2020 No. 14 s 169 payable , as applied to petroleum, means petroleum of such quantity and quality that it can under ordinary circumstances be won with profit. permit ... s 2 def permit sub 1995 No. 22 s 4 (1) – (2) om 2004 No. 26 s 4 (1) permitted dealing ... s 2 def permitted dealing ins 2004 No. 26 s 4 (2) om 2008 No. 56 s 82 (1) permittee ... s 2 def permittee sub 1995 No. 22 s 4 (1) – (2) om 2004 No. 26 s 4 (1) person ... s 2 def person om 1995 No. 22 s 4 (1) petroleum means any— naturally occurring hydrocarbon, whether in a gaseous, liquid or solid state; or naturally occurring mixture of hydrocarbons, whether in a gaseous, liquid or solid state; or naturally occurring mixture of 1 or more hydrocarbons, whether in a gaseous, liquid, or solid state, and 1 or more of the following— hydrogen sulphide; nitrogen; helium; carbon dioxide; and includes any petroleum defined by paragraphs (a) to (c) that has been returned to a natural reservoir, but does not include, and is hereby declared never did include— shale from which mineral oil may be extracted or produced; mineral oil extracted or produced from shale or coal or other rock by some chemical or thermal process; hydrocarbons and other substances or matter occurring in association with shale or coal and necessarily mined, extracted, produced or released by or in connection with mining for shale or coal or the extraction or production of mineral oil therefrom; alginite; coal; lignite; peat; shale or other rock from which a gasification or retorting product as defined in the 2004 Act may be extracted or produced; torbanite. s 2 def petroleum amd 1929 20 Geo 5 No. 17 s 2 sub 1967 No. 37 s 2 (c) amd 1982 No. 23 s 73 ; 2004 No. 26 s 4 (5) Petroleum Advisory Board ... s 2 def Petroleum Advisory Board ins 1927 18 Geo 5 No. 13 s 2(ii) om 2004 No. 26 s 4 (1) petroleum deposits means the petroleum-producing or petroleum-bearing sands or strata. petroleum register ... s 2 def petroleum register ins 2004 No. 26 s 4 (2) amd 2012 No. 20 s 66 (4) om 2014 No. 47 s 514 (3) petroleum royalty means petroleum royalty imposed under the 2004 Act , section 590 . s 2 def petroleum royalty ins 2004 No. 26 s 4 (2) pipeline means the whole or part of a pipe or a system of pipes for conveying petroleum, wherever recovered, and all ancillary equipment and works connected therewith, including flow lines from wells, gathering lines and main lines and installations in connection therewith such as tanks, reservoirs, pumps, racks and loading facilities, structures supporting the line, pump houses, and apparatus to afford protection against corrosion, but does not include flare lines and similar pipelines at wells being drilled for petroleum. s 2 def pipeline ins 1962 No. 30 s 2 (1) (f) amd 1997 No. 71 s 4 (4) pipeline licence ... s 2 def pipeline licence ins 1995 No. 22 s 4 (2) om 2004 No. 26 s 4 (1) place includes land. s 2 def place ins 2004 No. 26 s 4 (2) plan period , for a development plan, means the period for which the plan applies. s 2 def plan period ins 2004 No. 26 s 4 (2) preliminary activity ... s 2 def preliminary activity ins 2010 No. 31 s 468 (2) amd 2014 No. 47 s 508 (3) om 2019 No. 17 s 240 Prescribed ... s 2 def Prescribed om 1993 No. 35 s 3 (1) private land — Private land is— freehold land, including Aboriginal land under the Aboriginal Land Act 1991 and Torres Strait Islander land under the Torres Strait Islander Land Act 1991 ; 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; a 1923 Act petroleum tenure or 2004 Act petroleum authority; a GHG authority; a geothermal tenure; an occupation right under a permit under the Land Act 1994 . Also, land owned by a public land authority is not private land. s 2 def private land sub 1962 No. 30 s 2 (1) (g) ; 1995 No. 22 s 4 (1) – (2) ; 2004 No. 26 s 4 (1) – (2) ; 2010 No. 31 s 468 amd 2011 No. 26 s 125 (3) produced , for petroleum, means to recover or release it to ground level from a natural underground reservoir in which it has been contained or from which it is extracted. s 2 def produced ins 2004 No. 26 s 4 (2) program period , for a work program, means the period for which the program applies. s 2 def program period ins 2004 No. 26 s 4 (2) proposed facility user ... s 2 def proposed facility user ins 1995 No. 22 s 4 (2) om 2003 No. 29 s 373 provisions of a 1923 Act petroleum tenure— A reference in this Act to a 1923 Act petroleum tenure includes a reference to its provisions. A reference in this Act to the provisions of a 1923 Act petroleum tenure is a reference to its mandatory or other conditions and any thing written in it. s 2 def provisions ins 2004 No. 26 s 4 (2) public land means land other than— private land; or to the extent an interest in any of the following relates to the land— a mining interest; a 1923 Act petroleum tenure or 2004 Act petroleum authority; a GHG authority; a geothermal tenure; an occupation right under a permit under the Land Act 1994 . s 2 def public land ins 2004 No. 26 s 4 (2) sub 2010 No. 31 s 468 public land authority means— for a public road—the road authority for the road; or if a local government or other authority is, under an Act, charged with the control of the land—the local government or other authority; or otherwise—the chief executive of the department administering the Act under which entry to the land is administered. s 2 def public land authority ins 2004 No. 26 s 4 (2) public road means an area of land that— is open to, or used by, the public; and is developed for, or has as one 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 s 2 def public road ins 2004 No. 26 s 4 (2) public road authority , for a public road, means— for a State-controlled road—the chief executive of the department in which the Transport Infrastructure Act 1994 is administered; or for another public road—the local government having the control of the road. s 2 def public road authority ins 2004 No. 26 s 4 (2) Public Works Land Resumption Act ... s 2 def Public Works Land Resumption Act om 23 July 1993 RA s 39 (see 1988 No. 51 s 9 ) recipient , for part 6F , see section 78A (1) . s 2 def recipient ins 2004 No. 26 s 4 (2) refinery permission ... s 2 def refinery permission ins 1995 No. 22 s 4 (2) om 2004 No. 26 s 4 (1) register means the register kept by the chief executive under the Common Provisions Act , section 197 . s 2 def register ins 2014 No. 47 s 514 (4) related corporation ... s 2 def related corporation ins 1995 No. 22 s 4 (2) sub 2001 No. 45 s 29 sch 3 om 2003 No. 29 s 373 relevant departmental office ... s 2 def relevant departmental office ins 2009 No. 3 s 524 (1) om 2012 No. 20 s 246 (1) relevant environmental authority , for a 1923 Act petroleum tenure or water monitoring authority, means an environmental authority under the Environmental Protection Act granted for all of the authorised activities for the tenure or authority that are environmentally relevant activities under the Environmental Protection Act . s 2 def relevant environmental authority ins 2004 No. 26 s 4 (2) sub 2005 No. 3 s 10 (1) – (2) relevant owner or occupier , for a provision about entry notices, means the owner or occupier to whom the entry notice is to be given, or would be given, other than for an exemption from the requirement to give an entry notice. s 2 def relevant owner or occupier ins 2010 No. 31 s 468 (2) relinquishment condition — Generally, the relinquishment condition , for an authority to prospect is the relinquishment condition under section 74A (1) . However if part 10 , division 2 applies and the authority is an authority to which section 173 or 174 applies, the relinquishment condition for the authority is the relinquishment condition under that section. s 2 def relinquishment condition ins 2004 No. 26 s 4 (2) amd 2012 No. 20 s 125 sch 1 remedial powers see section 80L (2) . s 2 def remedial powers ins 2004 No. 26 s 4 (2) report means a written report. s 2 def report ins 2004 No. 26 s 4 (2) representative ... s 2 def representative ins 1995 No. 22 s 4 (2) om 2004 No. 26 s 4 (1) required information , for part 6E , division 3 , see section 76C . s 2 def required information ins 2004 No. 26 s 4 (2) restoration measures ... s 2 def restoration measures ins 2005 No. 3 s 10 (2) om 2010 No. 53 s 65 (1) resumption law — means a law that provides for the compulsory acquisition of land, including, for example, the following— the ALA , including as applied by another law providing for an entity to take land under the ALA as if the entity were a constructing authority under the ALA ; Electricity Act 1994 , section 116 South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 , section 53AY the Land Act 1994 , chapter 5 , part 3 , division 3 ; the Petroleum and Gas (Production and Safety) Act 2004 , sections 456 to 458 ; the Queensland Reconstruction Authority Act 2011 , section 99 ; the State Development and Public Works Organisation Act 1971 , section 82 or 125 ; the Transport Planning and Coordination Act 1994 , section 25 or 26 ; but does not include the Land Act 1994 , chapter 5 , part 3 , divisions 1 and 2 . s 2 def resumption law ins 2012 No. 20 s 66 (1) resumption notice , for the taking of land under a resumption law, means— if the land is taken under the process stated in the ALA (whether the land is taken under the ALA or another resumption law)—the gazette resumption notice under the ALA for the taking; or otherwise—the instrument giving effect to the taking. s 2 def resumption notice ins 2012 No. 20 s 66 (1) review event ... s 2 def review event ins 1995 No. 22 s 4 (2) om 2003 No. 29 s 373 review report ... s 2 def review report ins 2005 No. 3 s 10 (2) om 2010 No. 53 s 65 (1) road use direction ... s 2 def road use direction ins 2004 No. 26 s 4 (2) om 2014 No. 47 s 508 (1) safety management system see the 2004 Act , schedule 2 . s 2 def safety management system (prev def safety management plan ) ins 2004 No. 26 s 4 (2) amd 2014 No. 64 s 217C second authority ... s 2 def second authority ins 2010 No. 31 s 534 (2) om 2014 No. 47 s 508 (1) second tenure ... s 2 def second tenure ins 2004 No. 26 s 4 (2) om 2010 No. 31 s 534 (1) security includes bond, deposit of an amount as security, guarantee, indemnity or other surety, insurance, mortgage and undertaking. s 2 def security ins 2004 No. 26 s 4 (2) services of the State has the same meaning that the term has in relation to the State of Queensland under the Copyright Act 1968 (Cwlth) , section 183 (1) . s 2 def services of the State ins 2004 No. 26 s 4 (2) share , of a 1923 Act petroleum tenure, means any interest held by a person as a holder of the tenure in all of the area of the tenure. s 2 def share ins 2004 No. 26 s 4 (2) shared technical information ... s 2 def shared technical information ins 1995 No. 22 s 4 (2) om 2003 No. 29 s 373 spare capacity ... s 2 def spare capacity ins 1995 No. 22 s 4 (2) om 2003 No. 29 s 373 specific purpose mining lease means a mining lease that, under the Mineral Resources Act , section 234 (1) (b) , is granted for a purpose other than mining. s 2 def specific purpose mining lease ins 2004 No. 26 s 4 (2) specified configuration ... s 2 def specified configuration ins 1995 No. 22 s 4 (2) om 2003 No. 29 s 373 State-controlled road see Transport Infrastructure Act 1994 , schedule 6 . s 2 def State controlled road ins 2004 No. 26 s 4 (2) State mining engineer ... s 2 def State mining engineer ins 1981 No. 14 s 2 sub 1993 No. 35 s 3 om 1995 No. 22 s 4 (1) state of mind ... s 2 def state of mind ins 1995 No. 22 s 4 (2) om 2003 No. 29 s 373 structure means anything built or constructed, whether or not attached to land. s 2 def structure ins 2004 No. 26 s 4 (2) sub-block see the Common Provisions Act , section 11A (2) . s 2 def sub-block ins 2004 No. 26 s 4 (2) sub 2020 No. 9 s 41 sublease , for a lease over land covered by a coordination arrangement, means a sublease of all or part of— the leased land; or petroleum produced under the lease. s 2 def sublease ins 1995 No. 22 s 4 (2) amd 2004 No. 26 s 4 (6) submission means a written submission. s 2 def submission ins 2004 No. 26 s 4 (2) take , in relation to land, includes acquire. s 2 def take ins 2012 No. 20 s 66 (1) tariff setting principles ... s 2 def tariff setting principles ins 1995 No. 22 s 4 (2) om 1997 No. 71 s 4 (1) the public interest means a consideration of each of the following— government policy; value of commodity production (including time value); employment creation; total return to the State and to Australia (including royalty and rent), assessed on both a direct and indirect basis, so that, for example, downstream value adding is included; social impacts; the overall economic benefit for the State, or a part of the State, in the short and long term; impacts on aesthetic, amenity, cultural or environmental values. s 2 def the public interest ins 2004 No. 26 s 4 (2) This Act ... s 2 def This Act om 1993 No. 35 s 3 (1) transfer , of a well, water observation bore or water supply bore, see section 75N (2) . s 2 def transfer ins 2004 No. 26 s 4 (2) transitional notional sub-blocks , of an authority to prospect, see section 172 . s 2 def transitional notional sub-blocks ins 2004 No. 26 s 4 (2) tribunal ... s 2 def tribunal ins 2004 No. 26 s 4 (2) om 2007 No. 39 s 41 sch trigger threshold ... s 2 def trigger threshold ins 2005 No. 3 s 10 (2) om 2010 No. 53 s 65 (1) unallocated State land has the same meaning as in the Land Act 1994 . s 2 def unallocated State land ins 1995 No. 22 s 4 (2) underground water means water that occurs naturally in, or is introduced artificially into, an aquifer, whether or not it would, if tapped by a bore, flow naturally to the surface. s 2 def underground water ins 2005 No. 3 s 10 (2) underground water flow model ... s 2 def underground water flow model ins 2005 No. 3 s 10 (2) om 2010 No. 53 s 65 (1) underground water impact report ... s 2 def underground water impact report ins 2005 No. 3 s 10 (2) om 2010 No. 53 s 65 (1) underground water obligations , of a petroleum tenure holder, means— the holder’s underground water obligations under the Water Act , chapter 3 ; and any other obligation under the Water Act , chapter 3 with which the holder is required to comply, if failure to comply with the obligation is an offence against that Act. giving an underground water impact report under section 370 of that Act preparing and complying with a baseline assessment plan under sections 397 and 400 of that Act s 2 def underground water obligations ins 2010 No. 53 s 65 (2) unduly affected ... s 2 def unduly affected ins 2005 No. 3 s 10 (2) om 2010 No. 53 s 65 (1) unitisation arrangement ... s 2 def unitisation arrangement ins 1995 No. 22 s 4 (2) om 2004 No. 26 s 4 (1) usual relinquishment see section 74C (3) . s 2 def usual relinquishment ins 2004 No. 26 s 4 (2) waiver of entry notice ... s 2 def waiver of entry notice ins 2004 No. 26 s 4 (2) sub 2010 No. 31 s 468 om 2014 No. 47 s 508 (1) Water Act means the Water Act 2000 . s 2 def Water Act ins 2004 No. 26 s 4 (2) Water Act regulator means the chief executive of the department that administers the Water Act . s 2 def Water Act regulator ins 2004 No. 26 s 4 (2) water monitoring activity see section 87 . s 2 def water monitoring activity ins 2010 No. 53 s 65 (2) water monitoring authority means an authority granted under section 75WC . s 2 def water monitoring authority ins 2005 No. 3 s 10 (2) water observation bore — A water observation bore is a bore to monitor water levels and includes— a well that, under part 6D , division 2 , has been, or is taken to have been, converted to a water observation bore; and a water monitoring bore under the Water Act . A reference to a water observation bore includes its casing, wellhead and any other works constructed in connection with the bore. s 2 def water observation bore ins 2004 No. 26 s 4 (2) amd 2013 No. 23 s 161 (1) sub 2018 No. 24 s 180 water supply bore means— a water bore drilled under section 86 with the permission of the Minister; or a well that, under part 6D , division 2 , has been, or is taken to have been, converted to a water supply bore. s 2 def water supply bore ins 2004 No. 26 s 4 (2) sub 2005 No. 3 s 10 (1) – (2) ; 2013 No. 23 s 161 (2) well — A well is a hole in the ground made or being made by drilling, boring or any other means— to explore for or produce petroleum; or to inject petroleum into a natural underground reservoir; or through which petroleum may be produced. A well includes the casing for the well and any wellhead for the well attached to it. To remove any doubt, it is declared that a well does not include any of the following— a water observation bore; a water supply bore; a water bore to which the Water Act , chapter 3 applies; a seismic shot hole or shallow hole drilled to work out a geological structure. s 2 def well ins 2004 No. 26 s 4 (2) amd 2005 No. 3 s 10 (6) – (7) ; 2010 No. 53 s 65 (5) wellhead means the casing head, and includes any casing hanger or spool, or tubing hanger, and any flow control equipment up to and including the wing valves. s 2 def wellhead ins 2004 No. 26 s 4 (2) work program , for an authority to prospect, means— its work program as approved under section 151 ; or its conditions about expenditure or work that, under section 155 , are taken to be a later work program for the authority; or its later work program approved under part 4 , division 2 , as amended from time to time under that division. For an authority being taken to have a work program until a decision has been made on whether to approve a proposed work program, see section 25D . For the continuing effect of an authority on a renewal application, see section 25N . For conditions of an authority to prospect about expenditure or work becoming its work program, see section 155 . s 2 def work program ins 2004 No. 26 s 4 (2) amd 2005 No. 3 s 10 (8) ; 2012 No. 20 s 125 sch 1 s 2 prev s 2 amd 1927 18 Geo 5 No. 13 s 2(i); 1988 No. 51 s 3 om 23 July 1993 RA s 36 pres s 2 amd 1927 18 Geo 5 No. 13 s 2(ii); 1995 No. 22 s 4 (3) ; amd 1997 No. 71 s 1 sch - (a) a 1923 Act petroleum tenure; or - (b) a right existing under, or in relation to, a 1923 Act petroleum tenure. - (a) generally, means an authority to prospect or lease under this Act; and - (b) for the following provisions, includes a water monitoring authority— (i) section 75K ; (ii) part 6D , divisions 3 and 4 ; (iii) part 6L , division 2 ; (iv) parts 6O and 6P . - (i) section 75K ; - (ii) part 6D , divisions 3 and 4 ; - (iii) part 6L , division 2 ; - (iv) parts 6O and 6P . - (i) section 75K ; - (ii) part 6D , divisions 3 and 4 ; - (iii) part 6L , division 2 ; - (iv) parts 6O and 6P . - 1 The area of a 1923 Act petroleum tenure is any land to which the tenure is subject, as recorded in the register. - 2 However, the area of a 1923 Act petroleum tenure does not include any excluded land for the tenure. Note— See also section 124B in relation to the exclusion of land from a 1923 Act petroleum tenure’s area following the taking of the land under a resumption law. - 3 The area of a 2004 Act petroleum tenure is the land to which the tenure is subject, as recorded in the register. - 4 The area of a mining tenement is the land to which the tenement is subject. - 1 An authorised activity , for a 1923 Act petroleum tenure or water monitoring authority, is an activity that its holder is, under this Act, the tenure or authority, entitled to carry out in relation to the tenure or authority. Note— The carrying out of particular activities on particular land in a 1923 Act petroleum tenure’s area may not be authorised following the taking of the land under a resumption law. See section 124B . - 2 An authorised activity , for a coal or oil shale mining tenement, is an activity that its holder is, under the Mineral Resources Act or the tenement, entitled to carry out in relation to the tenement. - 3 An authorised activity , for a GHG authority, is an activity that its holder is, under the GHG storage Act or the authority, entitled to carry out or exercise in relation to the authority. - 4 An authorised activity , for a geothermal tenure, is an activity that its holder is, under the Geothermal Act or the tenure, entitled to carry out or exercise in relation to the tenure. - (a) financial and technical resources; and - (b) ability to manage petroleum exploration and production. - (a) the conditions stated in it from time to time; and - (b) the tenure holder’s obligations under this Act; and - (c) any condition of the tenure under this Act; and - (d) a condition that a tenure holder must ensure each person acting for the holder who carries out an authorised activity for the tenure complies with its conditions to the extent they apply to the carrying out of the activity. Note— For who may carry out an authorised activity for a holder, see section 75E . - 1 The development plan for a lease is— (a) for a lease in force before 31 December 2004—its current program for development and production under former section 50 that, under section 156, is taken to be its development plan; or (b) for a lease granted after 31 December 2004—the proposed program for development and production of petroleum for the application for the lease, lodged under section 40 (2) (b) . - (a) for a lease in force before 31 December 2004—its current program for development and production under former section 50 that, under section 156, is taken to be its development plan; or - (b) for a lease granted after 31 December 2004—the proposed program for development and production of petroleum for the application for the lease, lodged under section 40 (2) (b) . - 2 However, if, under part 6 , division 2 , a later development plan is approved for the lease, the later development plan is the development plan for the lease. - (a) for a lease in force before 31 December 2004—its current program for development and production under former section 50 that, under section 156, is taken to be its development plan; or - (b) for a lease granted after 31 December 2004—the proposed program for development and production of petroleum for the application for the lease, lodged under section 40 (2) (b) . - (a) includes to bore; and - (b) for, a water supply bore, includes excavating the bore. - (a) an authority to prospect, means excluded land for the authority, decided under section 18A ; or - (b) a lease, means excluded land for the lease, decided under section 40B . Note— For an area of land in the area of a coal or oil shale mining lease becoming excluded land, see section 154 . - • conducting a geochemical, geological or geophysical survey - • drilling a well for petroleum or the investigation of the geological structure or stratigraphy in the well - • carrying out testing in relation to a well - • taking a sample for chemical or other analysis - (a) the decision, and the reasons for it; - (b) all appeal rights under this Act; - (c) the period in which any appeal under this Act must be started; - (d) how appeal rights under this Act are to be exercised; - (e) that a stay of a decision the subject of an appeal under this Act may be applied for under this Act. - (a) was drilled for the purpose (the original purpose ) of— (i) exploration or production of mineral or petroleum resources; or (ii) informing the exploration or production of mineral or petroleum resources; and - (i) exploration or production of mineral or petroleum resources; or - (ii) informing the exploration or production of mineral or petroleum resources; and - (b) is no longer used for the original or another purpose. - (i) exploration or production of mineral or petroleum resources; or - (ii) informing the exploration or production of mineral or petroleum resources; and - (a) an authority to prospect, means a condition of the authority imposed under part 6A , division 2 or 4 as a mandatory condition or prescribed under section 90 ; or - (b) a lease, means— (i) a condition of the lease imposed under part 6A , division 3 or 4 as a mandatory condition or prescribed under section 90 as a mandatory condition; or (ii) the reservations, conditions and covenants of the lease imposed under section 47 . - (i) a condition of the lease imposed under part 6A , division 3 or 4 as a mandatory condition or prescribed under section 90 as a mandatory condition; or - (ii) the reservations, conditions and covenants of the lease imposed under section 47 . - (i) a condition of the lease imposed under part 6A , division 3 or 4 as a mandatory condition or prescribed under section 90 as a mandatory condition; or - (ii) the reservations, conditions and covenants of the lease imposed under section 47 . - (a) a mining tenement under the Mineral Resources Act ; or - (b) a tenure held from the State under another Act about mining, under which the holder is authorised to carry out mining or a related mineral or energy resources activity under the Mineral Resources Act . - 1 A natural underground reservoir is a part of a geological formation or structure— (a) in which petroleum has accumulated; or (b) that is suitable to store petroleum. - (a) in which petroleum has accumulated; or - (b) that is suitable to store petroleum. - 2 A geological formation or structure mentioned in item 1 does not cease to be a natural underground reservoir merely because it has been modified for petroleum production or storage. - 3 In items 1 and 2, a geological formation includes a coal seam. - (a) in which petroleum has accumulated; or - (b) that is suitable to store petroleum. - (a) if the land is taken under the process stated in the ALA (whether the land is taken under the ALA or another resumption law)—the notice of intention to resume under the ALA ; or - (b) otherwise—the notice, however named, required to be given under the resumption law to notify persons of the proposed taking. - (a) who, under an Act or a lease registered under the Land Title Act 1994 , has a right to occupy the place, other than under a mining interest, 1923 Act petroleum tenure, 2004 Act petroleum authority, GHG authority or geothermal tenure; or - (b) to whom an owner of the place or another occupier under paragraph (a) has given the right to occupy the place. - 1 Operate , a pipeline, includes use, inspect, test, maintain, repair, alter, add to and replace the pipeline. - 2 For item 1, using a pipeline includes using it to transport petroleum. - 1 The original notional sub-blocks , of an authority to prospect, are the sub-blocks included in the area of the authority at the following time— (a) if the authority was granted before 31 December 2004—immediately after its first renewal after that day; (b) if the authority was granted on or after 31 December 2004—when it was originally granted. - (a) if the authority was granted before 31 December 2004—immediately after its first renewal after that day; - (b) if the authority was granted on or after 31 December 2004—when it was originally granted. - 2 However, the original notional sub-block s do not include any sub-block completely within the area of a lease under this Act or a 2004 Act lease. - (a) if the authority was granted before 31 December 2004—immediately after its first renewal after that day; - (b) if the authority was granted on or after 31 December 2004—when it was originally granted. - 1 An owner , of land, means each person as follows in relation to the land— (a) for freehold land—a registered owner; (b) for land for which a person is, or will on performing conditions, be entitled to a deed of grant in fee simple—the person; (c) if an estate in fee simple of land is being purchased from the State—the purchaser; (d) for a public road—the public road authority for the road; (e) for land that is busway land, light rail land, rail corridor land or a cane railway or other railway—the public land authority for the land; (f) for required land under the Transport Infrastructure Act 1994 , section 436 —the chief executive of the department in which that Act is administered; (g) for a forest entitlement area, State forest or timber reserve under the Forestry Act 1959 —the chief executive of the department in which that Act is administered; (h) for a conservation park or resources reserve under the Nature Conservation Act 1992 (the NCA ) for which there are trustees— (A) if, under the NCA, the park or reserve has trustees whose powers are not restricted—the trustees; or (B) otherwise—the chief executive of the department in which the NCA is administered; (i) for DOGIT land under the Aboriginal Land Act 1991 or the Torres Strait Islander Land Act 1991 —a trustee for the land; (k) for Aboriginal land under the Aboriginal Land Act 1991 that is taken to be a reserve because of section 202 (2) or (4) (b) of that Act—the trustee of the land; (ka) for Torres Strait Islander land under the Torres Strait Islander Land Act 1991 that is taken to be a reserve because of section 151 (2) of that Act—the trustee of the land; (l) for land under the Land Act 1994 for which there are trustees—a trustee; (m) for transport land under the Transport Planning and Coordination Act 1994 —the chief executive of the department in which that Act is administered; (n) for land vested in the Minister administering the Education (General Provisions) Act 2006 —that Minister; (o) for land vested in the Queensland Housing Commission or another Minister or a chief executive responsible for constructing public buildings—the Minister administering the relevant Act; (p) for land held from the State under another Act under an interest less than fee simple (other than occupation rights under a permit under the Land Act 1994 )—the person who holds the interest; (q) for any of the following land under the NCA, the chief executive of the department in which the NCA is administered— (i) a national park (scientific); (ii) a national park; (iii) a national park (Aboriginal land); (iv) a national park (Torres Strait Islander land); (v) a forest reserve. - (a) for freehold land—a registered owner; - (b) for land for which a person is, or will on performing conditions, be entitled to a deed of grant in fee simple—the person; - (c) if an estate in fee simple of land is being purchased from the State—the purchaser; - (d) for a public road—the public road authority for the road; - (e) for land that is busway land, light rail land, rail corridor land or a cane railway or other railway—the public land authority for the land; - (f) for required land under the Transport Infrastructure Act 1994 , section 436 —the chief executive of the department in which that Act is administered; - (g) for a forest entitlement area, State forest or timber reserve under the Forestry Act 1959 —the chief executive of the department in which that Act is administered; - (h) for a conservation park or resources reserve under the Nature Conservation Act 1992 (the NCA ) for which there are trustees— (A) if, under the NCA, the park or reserve has trustees whose powers are not restricted—the trustees; or (B) otherwise—the chief executive of the department in which the NCA is administered; - (A) if, under the NCA, the park or reserve has trustees whose powers are not restricted—the trustees; or - (B) otherwise—the chief executive of the department in which the NCA is administered; - (i) for DOGIT land under the Aboriginal Land Act 1991 or the Torres Strait Islander Land Act 1991 —a trustee for the land; - (k) for Aboriginal land under the Aboriginal Land Act 1991 that is taken to be a reserve because of section 202 (2) or (4) (b) of that Act—the trustee of the land; - (ka) for Torres Strait Islander land under the Torres Strait Islander Land Act 1991 that is taken to be a reserve because of section 151 (2) of that Act—the trustee of the land; - (l) for land under the Land Act 1994 for which there are trustees—a trustee; - (m) for transport land under the Transport Planning and Coordination Act 1994 —the chief executive of the department in which that Act is administered; - (n) for land vested in the Minister administering the Education (General Provisions) Act 2006 —that Minister; - (o) for land vested in the Queensland Housing Commission or another Minister or a chief executive responsible for constructing public buildings—the Minister administering the relevant Act; - (p) for land held from the State under another Act under an interest less than fee simple (other than occupation rights under a permit under the Land Act 1994 )—the person who holds the interest; - (q) for any of the following land under the NCA, the chief executive of the department in which the NCA is administered— (i) a national park (scientific); (ii) a national park; (iii) a national park (Aboriginal land); (iv) a national park (Torres Strait Islander land); (v) a forest reserve. - (i) a national park (scientific); - (ii) a national park; - (iii) a national park (Aboriginal land); - (iv) a national park (Torres Strait Islander land); - (v) a forest reserve. - 2 Also, a mortgagee of land is the owner of land if— (a) the mortgagee is acting as mortgagee in possession of the land and has the exclusive management and control of the land; or (b) 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. - (a) the mortgagee is acting as mortgagee in possession of the land and has the exclusive management and control of the land; or - (b) 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. - 3 If land has more than 1 owner, a reference in this Act to its owner of the land is a reference to each of its owners. - (a) for freehold land—a registered owner; - (b) for land for which a person is, or will on performing conditions, be entitled to a deed of grant in fee simple—the person; - (c) if an estate in fee simple of land is being purchased from the State—the purchaser; - (d) for a public road—the public road authority for the road; - (e) for land that is busway land, light rail land, rail corridor land or a cane railway or other railway—the public land authority for the land; - (f) for required land under the Transport Infrastructure Act 1994 , section 436 —the chief executive of the department in which that Act is administered; - (g) for a forest entitlement area, State forest or timber reserve under the Forestry Act 1959 —the chief executive of the department in which that Act is administered; - (h) for a conservation park or resources reserve under the Nature Conservation Act 1992 (the NCA ) for which there are trustees— (A) if, under the NCA, the park or reserve has trustees whose powers are not restricted—the trustees; or (B) otherwise—the chief executive of the department in which the NCA is administered; - (A) if, under the NCA, the park or reserve has trustees whose powers are not restricted—the trustees; or - (B) otherwise—the chief executive of the department in which the NCA is administered; - (i) for DOGIT land under the Aboriginal Land Act 1991 or the Torres Strait Islander Land Act 1991 —a trustee for the land; - (k) for Aboriginal land under the Aboriginal Land Act 1991 that is taken to be a reserve because of section 202 (2) or (4) (b) of that Act—the trustee of the land; - (ka) for Torres Strait Islander land under the Torres Strait Islander Land Act 1991 that is taken to be a reserve because of section 151 (2) of that Act—the trustee of the land; - (l) for land under the Land Act 1994 for which there are trustees—a trustee; - (m) for transport land under the Transport Planning and Coordination Act 1994 —the chief executive of the department in which that Act is administered; - (n) for land vested in the Minister administering the Education (General Provisions) Act 2006 —that Minister; - (o) for land vested in the Queensland Housing Commission or another Minister or a chief executive responsible for constructing public buildings—the Minister administering the relevant Act; - (p) for land held from the State under another Act under an interest less than fee simple (other than occupation rights under a permit under the Land Act 1994 )—the person who holds the interest; - (q) for any of the following land under the NCA, the chief executive of the department in which the NCA is administered— (i) a national park (scientific); (ii) a national park; (iii) a national park (Aboriginal land); (iv) a national park (Torres Strait Islander land); (v) a forest reserve. - (i) a national park (scientific); - (ii) a national park; - (iii) a national park (Aboriginal land); - (iv) a national park (Torres Strait Islander land); - (v) a forest reserve. - (A) if, under the NCA, the park or reserve has trustees whose powers are not restricted—the trustees; or - (B) otherwise—the chief executive of the department in which the NCA is administered; - (i) a national park (scientific); - (ii) a national park; - (iii) a national park (Aboriginal land); - (iv) a national park (Torres Strait Islander land); - (v) a forest reserve. - (a) the mortgagee is acting as mortgagee in possession of the land and has the exclusive management and control of the land; or - (b) 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. - (a) naturally occurring hydrocarbon, whether in a gaseous, liquid or solid state; or - (b) naturally occurring mixture of hydrocarbons, whether in a gaseous, liquid or solid state; or - (c) naturally occurring mixture of 1 or more hydrocarbons, whether in a gaseous, liquid, or solid state, and 1 or more of the following— (i) hydrogen sulphide; (ii) nitrogen; (iii) helium; (iv) carbon dioxide; - (i) hydrogen sulphide; - (ii) nitrogen; - (iii) helium; - (iv) carbon dioxide; - (i) hydrogen sulphide; - (ii) nitrogen; - (iii) helium; - (iv) carbon dioxide; - (d) shale from which mineral oil may be extracted or produced; - (e) mineral oil extracted or produced from shale or coal or other rock by some chemical or thermal process; - (f) hydrocarbons and other substances or matter occurring in association with shale or coal and necessarily mined, extracted, produced or released by or in connection with mining for shale or coal or the extraction or production of mineral oil therefrom; - (g) alginite; - (h) coal; - (i) lignite; - (j) peat; - (k) shale or other rock from which a gasification or retorting product as defined in the 2004 Act may be extracted or produced; - (l) torbanite. - 1 Private land is— (a) freehold land, including Aboriginal land under the Aboriginal Land Act 1991 and Torres Strait Islander land under the Torres Strait Islander Land Act 1991 ; or (b) an interest in land less than fee simple held from the State under another Act. - (a) freehold land, including Aboriginal land under the Aboriginal Land Act 1991 and Torres Strait Islander land under the Torres Strait Islander Land Act 1991 ; or - (b) an interest in land less than fee simple held from the State under another Act. - 2 However, land is not private land to the extent of an interest in any of the following relating to the land— (a) a mining interest; (b) a 1923 Act petroleum tenure or 2004 Act petroleum authority; (c) a GHG authority; (d) a geothermal tenure; (e) an occupation right under a permit under the Land Act 1994 . - (a) a mining interest; - (b) a 1923 Act petroleum tenure or 2004 Act petroleum authority; - (c) a GHG authority; - (d) a geothermal tenure; - (e) an occupation right under a permit under the Land Act 1994 . - 3 Also, land owned by a public land authority is not private land. - (a) freehold land, including Aboriginal land under the Aboriginal Land Act 1991 and Torres Strait Islander land under the Torres Strait Islander Land Act 1991 ; or - (b) an interest in land less than fee simple held from the State under another Act. - (a) a mining interest; - (b) a 1923 Act petroleum tenure or 2004 Act petroleum authority; - (c) a GHG authority; - (d) a geothermal tenure; - (e) an occupation right under a permit under the Land Act 1994 . - 1 A reference in this Act to a 1923 Act petroleum tenure includes a reference to its provisions. - 2 A reference in this Act to the provisions of a 1923 Act petroleum tenure is a reference to its mandatory or other conditions and any thing written in it. - (a) private land; or - (b) to the extent an interest in any of the following relates to the land— (i) a mining interest; (ii) a 1923 Act petroleum tenure or 2004 Act petroleum authority; (iii) a GHG authority; (iv) a geothermal tenure; (v) an occupation right under a permit under the Land Act 1994 . - (i) a mining interest; - (ii) a 1923 Act petroleum tenure or 2004 Act petroleum authority; - (iii) a GHG authority; - (iv) a geothermal tenure; - (v) an occupation right under a permit under the Land Act 1994 . - (i) a mining interest; - (ii) a 1923 Act petroleum tenure or 2004 Act petroleum authority; - (iii) a GHG authority; - (iv) a geothermal tenure; - (v) an occupation right under a permit under the Land Act 1994 . - (a) for a public road—the road authority for the road; or - (b) if a local government or other authority is, under an Act, charged with the control of the land—the local government or other authority; or - (c) otherwise—the chief executive of the department administering the Act under which entry to the land is administered. - (a) is open to, or used by, the public; and - (b) is developed for, or has as one of its main uses— (i) the driving or riding of motor vehicles; or (ii) pedestrian traffic; and - (i) the driving or riding of motor vehicles; or - (ii) pedestrian traffic; and - (c) is controlled by a public road authority. - (i) the driving or riding of motor vehicles; or - (ii) pedestrian traffic; and - • a bridge, culvert, ford, tunnel or viaduct - • a pedestrian or bicycle path - (a) for a State-controlled road—the chief executive of the department in which the Transport Infrastructure Act 1994 is administered; or - (b) for another public road—the local government having the control of the road. - 1 Generally, the relinquishment condition , for an authority to prospect is the relinquishment condition under section 74A (1) . - 2 However if part 10 , division 2 applies and the authority is an authority to which section 173 or 174 applies, the relinquishment condition for the authority is the relinquishment condition under that section. - (a) means a law that provides for the compulsory acquisition of land, including, for example, the following— (i) the ALA , including as applied by another law providing for an entity to take land under the ALA as if the entity were a constructing authority under the ALA ; Examples of other laws for subparagraph (i) — • Electricity Act 1994 , section 116 • South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 , section 53AY (ii) the Land Act 1994 , chapter 5 , part 3 , division 3 ; (iii) the Petroleum and Gas (Production and Safety) Act 2004 , sections 456 to 458 ; (iv) the Queensland Reconstruction Authority Act 2011 , section 99 ; (v) the State Development and Public Works Organisation Act 1971 , section 82 or 125 ; (vi) the Transport Planning and Coordination Act 1994 , section 25 or 26 ; but - (i) the ALA , including as applied by another law providing for an entity to take land under the ALA as if the entity were a constructing authority under the ALA ; Examples of other laws for subparagraph (i) — • Electricity Act 1994 , section 116 • South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 , section 53AY - • Electricity Act 1994 , section 116 - • South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 , section 53AY - (ii) the Land Act 1994 , chapter 5 , part 3 , division 3 ; - (iii) the Petroleum and Gas (Production and Safety) Act 2004 , sections 456 to 458 ; - (iv) the Queensland Reconstruction Authority Act 2011 , section 99 ; - (v) the State Development and Public Works Organisation Act 1971 , section 82 or 125 ; - (vi) the Transport Planning and Coordination Act 1994 , section 25 or 26 ; but - (b) does not include the Land Act 1994 , chapter 5 , part 3 , divisions 1 and 2 . - (i) the ALA , including as applied by another law providing for an entity to take land under the ALA as if the entity were a constructing authority under the ALA ; Examples of other laws for subparagraph (i) — • Electricity Act 1994 , section 116 • South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 , section 53AY - • Electricity Act 1994 , section 116 - • South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 , section 53AY - (ii) the Land Act 1994 , chapter 5 , part 3 , division 3 ; - (iii) the Petroleum and Gas (Production and Safety) Act 2004 , sections 456 to 458 ; - (iv) the Queensland Reconstruction Authority Act 2011 , section 99 ; - (v) the State Development and Public Works Organisation Act 1971 , section 82 or 125 ; - (vi) the Transport Planning and Coordination Act 1994 , section 25 or 26 ; but - • Electricity Act 1994 , section 116 - • South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 , section 53AY - (a) if the land is taken under the process stated in the ALA (whether the land is taken under the ALA or another resumption law)—the gazette resumption notice under the ALA for the taking; or - (b) otherwise—the instrument giving effect to the taking. - (a) the leased land; or - (b) petroleum produced under the lease. - (a) government policy; - (b) value of commodity production (including time value); - (c) employment creation; - (d) total return to the State and to Australia (including royalty and rent), assessed on both a direct and indirect basis, so that, for example, downstream value adding is included; - (e) social impacts; - (f) the overall economic benefit for the State, or a part of the State, in the short and long term; - (g) impacts on aesthetic, amenity, cultural or environmental values. - (a) the holder’s underground water obligations under the Water Act , chapter 3 ; and - (b) any other obligation under the Water Act , chapter 3 with which the holder is required to comply, if failure to comply with the obligation is an offence against that Act. Examples of another obligation under the Water Act , chapter 3 with which the holder may be required to comply— • giving an underground water impact report under section 370 of that Act • preparing and complying with a baseline assessment plan under sections 397 and 400 of that Act - • giving an underground water impact report under section 370 of that Act - • preparing and complying with a baseline assessment plan under sections 397 and 400 of that Act - • giving an underground water impact report under section 370 of that Act - • preparing and complying with a baseline assessment plan under sections 397 and 400 of that Act - 1 A water observation bore is a bore to monitor water levels and includes— (a) a well that, under part 6D , division 2 , has been, or is taken to have been, converted to a water observation bore; and (b) a water monitoring bore under the Water Act . - (a) a well that, under part 6D , division 2 , has been, or is taken to have been, converted to a water observation bore; and - (b) a water monitoring bore under the Water Act . - 2 A reference to a water observation bore includes its casing, wellhead and any other works constructed in connection with the bore. - (a) a well that, under part 6D , division 2 , has been, or is taken to have been, converted to a water observation bore; and - (b) a water monitoring bore under the Water Act . - (a) a water bore drilled under section 86 with the permission of the Minister; or - (b) a well that, under part 6D , division 2 , has been, or is taken to have been, converted to a water supply bore. - 1 A well is a hole in the ground made or being made by drilling, boring or any other means— (a) to explore for or produce petroleum; or (b) to inject petroleum into a natural underground reservoir; or (c) through which petroleum may be produced. - (a) to explore for or produce petroleum; or - (b) to inject petroleum into a natural underground reservoir; or - (c) through which petroleum may be produced. - 2 A well includes the casing for the well and any wellhead for the well attached to it. - 3 To remove any doubt, it is declared that a well does not include any of the following— (a) a water observation bore; (b) a water supply bore; (c) a water bore to which the Water Act , chapter 3 applies; (d) a seismic shot hole or shallow hole drilled to work out a geological structure. - (a) a water observation bore; - (b) a water supply bore; - (c) a water bore to which the Water Act , chapter 3 applies; - (d) a seismic shot hole or shallow hole drilled to work out a geological structure. - (a) to explore for or produce petroleum; or - (b) to inject petroleum into a natural underground reservoir; or - (c) through which petroleum may be produced. - (a) a water observation bore; - (b) a water supply bore; - (c) a water bore to which the Water Act , chapter 3 applies; - (d) a seismic shot hole or shallow hole drilled to work out a geological structure. - (a) its work program as approved under section 151 ; or - (b) its conditions about expenditure or work that, under section 155 , are taken to be a later work program for the authority; or - (c) its later work program approved under part 4 , division 2 , as amended from time to time under that division. - 1 For an authority being taken to have a work program until a decision has been made on whether to approve a proposed work program, see section 25D . - 2 For the continuing effect of an authority on a renewal application, see section 25N . - 3 For conditions of an authority to prospect about expenditure or work becoming its work program, see section 155 .