sec.116Dispute resolution by Land Court

### sec.116 Dispute resolution by Land Court This section applies if— an adjacent lease holder, or the proposed adjacent lease holder, has not consented in writing to the carrying out of a relevant activity under section 115 ; and the petroleum lease holder and the adjacent lease holder or proposed adjacent lease holder (the parties ) have not made a coordination arrangement mentioned in section 114 . Either party may apply to the Land Court for it to decide— the amount or proportion of petroleum mentioned in section 114 that, when produced, is owned by each party; and how the parties are to bear the costs of the production; and how the production is to be coordinated or monitored; and fixing a minimum distance from the boundary between the petroleum lease and the adjacent lease for petroleum production from the reservoir under the petroleum lease remediation requirements, as prescribed under a regulation, in relation to the matters mentioned in section 115 (3) , definition relevant activity , paragraph (b) . If the adjacent lease was granted after the petroleum lease was granted, the decision may apply from the grant of the adjacent lease. In making the decision, the Land Court— must consider whether the safety of production activities on any adjoining mining or petroleum lease would be compromised; and must attempt to optimise petroleum production under the petroleum lease and mining or production under the adjacent lease in a way that maximises the benefit for all Queenslanders; and may make the decision without having regard to the issue of who would have, under another Act or law, otherwise owned the petroleum. In considering the benefit to all Queenslanders, the Land Court must have regard to the public interest. s 116 amd 2004 No. 26 s 98 ; 2005 No. 68 s 150 sch ; 2007 No. 39 s 41 sch (sec.116-ssec.1) This section applies if— an adjacent lease holder, or the proposed adjacent lease holder, has not consented in writing to the carrying out of a relevant activity under section 115 ; and the petroleum lease holder and the adjacent lease holder or proposed adjacent lease holder (the parties ) have not made a coordination arrangement mentioned in section 114 . (sec.116-ssec.2) Either party may apply to the Land Court for it to decide— the amount or proportion of petroleum mentioned in section 114 that, when produced, is owned by each party; and how the parties are to bear the costs of the production; and how the production is to be coordinated or monitored; and fixing a minimum distance from the boundary between the petroleum lease and the adjacent lease for petroleum production from the reservoir under the petroleum lease remediation requirements, as prescribed under a regulation, in relation to the matters mentioned in section 115 (3) , definition relevant activity , paragraph (b) . (sec.116-ssec.3) If the adjacent lease was granted after the petroleum lease was granted, the decision may apply from the grant of the adjacent lease. (sec.116-ssec.4) In making the decision, the Land Court— must consider whether the safety of production activities on any adjoining mining or petroleum lease would be compromised; and must attempt to optimise petroleum production under the petroleum lease and mining or production under the adjacent lease in a way that maximises the benefit for all Queenslanders; and may make the decision without having regard to the issue of who would have, under another Act or law, otherwise owned the petroleum. (sec.116-ssec.5) In considering the benefit to all Queenslanders, the Land Court must have regard to the public interest. - (a) an adjacent lease holder, or the proposed adjacent lease holder, has not consented in writing to the carrying out of a relevant activity under section 115 ; and - (b) the petroleum lease holder and the adjacent lease holder or proposed adjacent lease holder (the parties ) have not made a coordination arrangement mentioned in section 114 . - (a) the amount or proportion of petroleum mentioned in section 114 that, when produced, is owned by each party; and - (b) how the parties are to bear the costs of the production; and - (c) how the production is to be coordinated or monitored; and Example for paragraph (c) — fixing a minimum distance from the boundary between the petroleum lease and the adjacent lease for petroleum production from the reservoir under the petroleum lease - (d) remediation requirements, as prescribed under a regulation, in relation to the matters mentioned in section 115 (3) , definition relevant activity , paragraph (b) . - (a) must consider whether the safety of production activities on any adjoining mining or petroleum lease would be compromised; and - (b) must attempt to optimise petroleum production under the petroleum lease and mining or production under the adjacent lease in a way that maximises the benefit for all Queenslanders; and - (c) may make the decision without having regard to the issue of who would have, under another Act or law, otherwise owned the petroleum.