QLDIn ForceAct
Petroleum Act 1923
sec.40BMinister’s power to decide excluded land for lease
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### sec.40B Minister’s power to decide excluded land for lease
The Minister may, at any time, decide excluded land for a lease or a lease proposed to be granted under section 40 .
However, the power under subsection (1) may be exercised only when the Minister is deciding whether to—
grant or renew the lease; or
approve any later development plan for the lease.
However, excluded land—
must be within any sub-block included in the area of the lease; and
can not be a whole sub-block.
For subsection (3) (a) , if the register—
states that the lease’s area includes land within a block; but
does not include or exclude any particular sub-block within that block;
the reference to the block in the register is a reference to all sub-blocks within the block, other than any sub-block that is completely within the area of another 1923 Act petroleum tenure or a 2004 Act petroleum tenure.
Excluded land may be described in a way the Minister considers appropriate, including, for example, by area or by reference to a stated type of land.
Land ceases to be excluded land for a lease if, for any reason, the sub-block in which the land is located ceases to be in the area of the lease.
s 40B ins 2004 No. 26 s 24
amd 2018 No. 24 s 182
(sec.40B-ssec.1) The Minister may, at any time, decide excluded land for a lease or a lease proposed to be granted under section 40 .
(sec.40B-ssec.2) However, the power under subsection (1) may be exercised only when the Minister is deciding whether to— grant or renew the lease; or approve any later development plan for the lease.
(sec.40B-ssec.3) However, excluded land— must be within any sub-block included in the area of the lease; and can not be a whole sub-block.
(sec.40B-ssec.4) For subsection (3) (a) , if the register— states that the lease’s area includes land within a block; but does not include or exclude any particular sub-block within that block; the reference to the block in the register is a reference to all sub-blocks within the block, other than any sub-block that is completely within the area of another 1923 Act petroleum tenure or a 2004 Act petroleum tenure.
(sec.40B-ssec.5) Excluded land may be described in a way the Minister considers appropriate, including, for example, by area or by reference to a stated type of land.
(sec.40B-ssec.6) Land ceases to be excluded land for a lease if, for any reason, the sub-block in which the land is located ceases to be in the area of the lease.
- (a) grant or renew the lease; or
- (b) approve any later development plan for the lease.
- (a) must be within any sub-block included in the area of the lease; and
- (b) can not be a whole sub-block.
- (a) states that the lease’s area includes land within a block; but
- (b) does not include or exclude any particular sub-block within that block;