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Petroleum and Gas (Production and Safety) Act 2004
sec.294Responsibility for well or bore after decommissioning
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### sec.294 Responsibility for well or bore after decommissioning
This section applies if a petroleum tenure holder or water monitoring authority holder has, under section 292 , decommissioned a petroleum well, water injection bore, water observation bore or water supply bore.
For ownership before decommissioning, see section 542 .
Despite the decommissioning, the holder continues to be responsible under this Act for the well or bore until the earlier of the following times (the relevant time )—
when the tenure or authority ends;
when the land on which the well or bore is located ceased to be in the area of the tenure or authority.
At the relevant time the well or bore is taken to have been transferred to the State.
Subsection (3) applies despite—
the well or bore being on or part of land owned by someone else; or
the sale or other disposal of the land.
After the relevant time, the State may transfer the well or bore.
However—
the transfer from the State can only be to—
the owner of the land on which the well or bore is located; or
the holder of a geothermal tenure or mining tenement the area of which includes that land; and
the transfer from the State and the use of the well or bore by the transferee is subject to this Act and any other relevant Act or law.
s 294 amd 2011 No. 2 ss 121 , 122 sch ; 2010 No. 31 s 544 sch 2 pt 4 ; 2013 No. 23 s 174 ; 2014 No. 47 s 621
(sec.294-ssec.1) This section applies if a petroleum tenure holder or water monitoring authority holder has, under section 292 , decommissioned a petroleum well, water injection bore, water observation bore or water supply bore. For ownership before decommissioning, see section 542 .
(sec.294-ssec.2) Despite the decommissioning, the holder continues to be responsible under this Act for the well or bore until the earlier of the following times (the relevant time )— when the tenure or authority ends; when the land on which the well or bore is located ceased to be in the area of the tenure or authority.
(sec.294-ssec.3) At the relevant time the well or bore is taken to have been transferred to the State.
(sec.294-ssec.4) Subsection (3) applies despite— the well or bore being on or part of land owned by someone else; or the sale or other disposal of the land.
(sec.294-ssec.5) After the relevant time, the State may transfer the well or bore.
(sec.294-ssec.6) However— the transfer from the State can only be to— the owner of the land on which the well or bore is located; or the holder of a geothermal tenure or mining tenement the area of which includes that land; and the transfer from the State and the use of the well or bore by the transferee is subject to this Act and any other relevant Act or law.
- (a) when the tenure or authority ends;
- (b) when the land on which the well or bore is located ceased to be in the area of the tenure or authority.
- (a) the well or bore being on or part of land owned by someone else; or
- (b) the sale or other disposal of the land.
- (a) the transfer from the State can only be to— (i) the owner of the land on which the well or bore is located; or (ii) the holder of a geothermal tenure or mining tenement the area of which includes that land; and
- (i) the owner of the land on which the well or bore is located; or
- (ii) the holder of a geothermal tenure or mining tenement the area of which includes that land; and
- (b) the transfer from the State and the use of the well or bore by the transferee is subject to this Act and any other relevant Act or law.
- (i) the owner of the land on which the well or bore is located; or
- (ii) the holder of a geothermal tenure or mining tenement the area of which includes that land; and