sec.75UObligation to decommission

### sec.75U Obligation to decommission This section applies to a person (the responsible person ) who— holds a 1923 Act petroleum tenure on which there is a well, water observation bore or water supply bore drilled by or for the tenure holder or that has been transferred to the tenure holder, unless the well or bore has, under division 3 , been transferred to someone else; or holds a water monitoring authority on which there is a water observation bore drilled by or for the authority holder or that has been transferred to the authority holder, unless the bore has, under division 3 , been transferred to someone else. The responsible person must ensure the well or bore is decommissioned from use under this Act before— the tenure or authority ends; or the land on which the well or bore is located ceases to be in the area of the tenure or authority. Maximum penalty—500 penalty units. However, subsection (2) does not apply— for land that under section 20 ceases to be in the area of an authority to prospect; or for a well if— a GHG tenure is granted; and the GHG tenure’s area includes the well; and the 1923 Act petroleum tenure holder and the GHG tenure holder have agreed in writing that the GHG tenure holder is to assume responsibility for the well; and a copy of the agreement has been lodged. For subsection (2) , the well or bore is decommissioned from use under this Act only if— it has been plugged and abandoned in the way prescribed under a regulation; and for a bore—the decommissioning complies with the Water Act , sections 816 and 817 ; and the responsible person has given the chief executive a notice, in the approved form, about the decommissioning of the well or bore. For the power of an authorised person to ensure compliance, see section 80L . Subsection (4) (b) applies only to the extent it is not inconsistent with subsection (4) (a) . s 75U ins 2004 No. 26 s 46 amd 2005 No. 3 s 22 ; 2007 No. 46 s 150 ; 2009 No. 3 s 530 ; 2012 No. 20 s 125 sch 1 , s 281 sch 2 ; 2013 No. 23 s 155 ; 2018 No. 24 s 189 (sec.75U-ssec.1) This section applies to a person (the responsible person ) who— holds a 1923 Act petroleum tenure on which there is a well, water observation bore or water supply bore drilled by or for the tenure holder or that has been transferred to the tenure holder, unless the well or bore has, under division 3 , been transferred to someone else; or holds a water monitoring authority on which there is a water observation bore drilled by or for the authority holder or that has been transferred to the authority holder, unless the bore has, under division 3 , been transferred to someone else. (sec.75U-ssec.2) The responsible person must ensure the well or bore is decommissioned from use under this Act before— the tenure or authority ends; or the land on which the well or bore is located ceases to be in the area of the tenure or authority. Maximum penalty—500 penalty units. (sec.75U-ssec.3) However, subsection (2) does not apply— for land that under section 20 ceases to be in the area of an authority to prospect; or for a well if— a GHG tenure is granted; and the GHG tenure’s area includes the well; and the 1923 Act petroleum tenure holder and the GHG tenure holder have agreed in writing that the GHG tenure holder is to assume responsibility for the well; and a copy of the agreement has been lodged. (sec.75U-ssec.4) For subsection (2) , the well or bore is decommissioned from use under this Act only if— it has been plugged and abandoned in the way prescribed under a regulation; and for a bore—the decommissioning complies with the Water Act , sections 816 and 817 ; and the responsible person has given the chief executive a notice, in the approved form, about the decommissioning of the well or bore. For the power of an authorised person to ensure compliance, see section 80L . (sec.75U-ssec.5) Subsection (4) (b) applies only to the extent it is not inconsistent with subsection (4) (a) . - (a) holds a 1923 Act petroleum tenure on which there is a well, water observation bore or water supply bore drilled by or for the tenure holder or that has been transferred to the tenure holder, unless the well or bore has, under division 3 , been transferred to someone else; or - (b) holds a water monitoring authority on which there is a water observation bore drilled by or for the authority holder or that has been transferred to the authority holder, unless the bore has, under division 3 , been transferred to someone else. - (a) the tenure or authority ends; or - (b) the land on which the well or bore is located ceases to be in the area of the tenure or authority. - (a) for land that under section 20 ceases to be in the area of an authority to prospect; or - (b) for a well if— (i) a GHG tenure is granted; and (ii) the GHG tenure’s area includes the well; and (iii) the 1923 Act petroleum tenure holder and the GHG tenure holder have agreed in writing that the GHG tenure holder is to assume responsibility for the well; and (iv) a copy of the agreement has been lodged. - (i) a GHG tenure is granted; and - (ii) the GHG tenure’s area includes the well; and - (iii) the 1923 Act petroleum tenure holder and the GHG tenure holder have agreed in writing that the GHG tenure holder is to assume responsibility for the well; and - (iv) a copy of the agreement has been lodged. - (i) a GHG tenure is granted; and - (ii) the GHG tenure’s area includes the well; and - (iii) the 1923 Act petroleum tenure holder and the GHG tenure holder have agreed in writing that the GHG tenure holder is to assume responsibility for the well; and - (iv) a copy of the agreement has been lodged. - (a) it has been plugged and abandoned in the way prescribed under a regulation; and - (b) for a bore—the decommissioning complies with the Water Act , sections 816 and 817 ; and - (c) the responsible person has given the chief executive a notice, in the approved form, about the decommissioning of the well or bore. Note— For the power of an authorised person to ensure compliance, see section 80L .