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Petroleum and Gas (Production and Safety) Act 2004
sec.800Restriction on petroleum tenure activities
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### sec.800 Restriction on petroleum tenure activities
A person must not carry out a petroleum tenure activity in relation to land unless—
the activity is carried out under this Act or the 1923 Act and under the authority of a petroleum tenure or a 1923 Act petroleum tenure; or
the carrying out of the activity is necessary to preserve life or property because of a dangerous situation or emergency that exists or may exist.
Maximum penalty—2,000 penalty units.
This provision is an executive liability provision—see section 814 .
However, subsection (1) does not apply if—
the activity is the exploration for coal seam gas under a coal or oil shale mining tenement; or
the land is also in the area of a coal or oil shale mining lease and the activity is coal seam gas mining; or
See the Mineral Resources Act , sections 318CN and 318CNA .
the activity is an activity mentioned in section 32 (2) or 109 (2) carried out under a coal or oil shale mining lease.
See however the Gas Supply Act 2003 , section 257AA (Exemption from Petroleum and Gas (Production and Safety) Act, ss 800 , 802 and 803 for person complying with direction).
In this section—
petroleum tenure activity means to—
explore for or produce petroleum; or
test, develop or use a natural underground reservoir for storage of petroleum or a prescribed storage gas; or
carry out an activity necessary for, or incidental to, an activity mentioned in paragraph (a) or (b) .
s 800 amd 2004 No. 26 ss 232 , 69 (2) sch ; 2009 No. 16 s 81 ; 2011 No. 2 ss 121 , 122 sch ; 2013 No. 51 s 229 sch 1 ; 2014 No. 47 s 591
(sec.800-ssec.1) A person must not carry out a petroleum tenure activity in relation to land unless— the activity is carried out under this Act or the 1923 Act and under the authority of a petroleum tenure or a 1923 Act petroleum tenure; or the carrying out of the activity is necessary to preserve life or property because of a dangerous situation or emergency that exists or may exist. Maximum penalty—2,000 penalty units. This provision is an executive liability provision—see section 814 .
(sec.800-ssec.2) However, subsection (1) does not apply if— the activity is the exploration for coal seam gas under a coal or oil shale mining tenement; or the land is also in the area of a coal or oil shale mining lease and the activity is coal seam gas mining; or See the Mineral Resources Act , sections 318CN and 318CNA . the activity is an activity mentioned in section 32 (2) or 109 (2) carried out under a coal or oil shale mining lease. See however the Gas Supply Act 2003 , section 257AA (Exemption from Petroleum and Gas (Production and Safety) Act, ss 800 , 802 and 803 for person complying with direction).
(sec.800-ssec.3) In this section— petroleum tenure activity means to— explore for or produce petroleum; or test, develop or use a natural underground reservoir for storage of petroleum or a prescribed storage gas; or carry out an activity necessary for, or incidental to, an activity mentioned in paragraph (a) or (b) .
- (a) the activity is carried out under this Act or the 1923 Act and under the authority of a petroleum tenure or a 1923 Act petroleum tenure; or
- (b) the carrying out of the activity is necessary to preserve life or property because of a dangerous situation or emergency that exists or may exist.
- (a) the activity is the exploration for coal seam gas under a coal or oil shale mining tenement; or
- (b) the land is also in the area of a coal or oil shale mining lease and the activity is coal seam gas mining; or Note— See the Mineral Resources Act , sections 318CN and 318CNA .
- (c) the activity is an activity mentioned in section 32 (2) or 109 (2) carried out under a coal or oil shale mining lease. Note— See however the Gas Supply Act 2003 , section 257AA (Exemption from Petroleum and Gas (Production and Safety) Act, ss 800 , 802 and 803 for person complying with direction).
- (a) explore for or produce petroleum; or
- (b) test, develop or use a natural underground reservoir for storage of petroleum or a prescribed storage gas; or
- (c) carry out an activity necessary for, or incidental to, an activity mentioned in paragraph (a) or (b) .