Petroleum and Gas (Safety) Regulation 2018
sec.66Chief inspector to decide application
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sec.66 Chief inspector to decide application
The chief inspector may— with the consent of the chief inspector of coal mines, give the exemption, with or without conditions; or refuse the application. The chief inspector may give the exemption if the chief inspector is reasonably satisfied— for an exemption from complying with section 30 —a coal seam intersected by the petroleum well under the exemption is not likely to be mined; and for an exemption from complying with an operating plant requirement— the likely impact on the future safe and optimal mining of coal is low; and the likely level of risk to a person or property associated with the mining or future mining of coal is an acceptable level; and the likely impact and level of risk are easily and reliably quantifiable. Subsection (2) does not apply if— the applicant is the holder of a 1923 Act lease, or the operator or proposed operator of a well under the 1923 Act in the area of a 1923 Act lease, that was in effect immediately before 31 December 2004; and the area of the lease does not include land that is in the area of a coal or oil shale mining tenement. If subsection (2) does not apply, in deciding the application, the chief inspector must consider optimising the development and use of the State’s coal, oil shale and petroleum resources to maximise the benefits for all Queenslanders. Without limiting subsection (1) , a condition may require the applicant to comply with a stated alternative safety measure. The chief inspector must give notice of the decision to— the applicant; and if a relevant coal or oil shale mining tenement holder lodged a submission about the application—the holder. s 66 amd 2022 SL No. 191 s 13 (sec.66-ssec.1) The chief inspector may— with the consent of the chief inspector of coal mines, give the exemption, with or without conditions; or refuse the application. (sec.66-ssec.2) The chief inspector may give the exemption if the chief inspector is reasonably satisfied— for an exemption from complying with section 30 —a coal seam intersected by the petroleum well under the exemption is not likely to be mined; and for an exemption from complying with an operating plant requirement— the likely impact on the future safe and optimal mining of coal is low; and the likely level of risk to a person or property associated with the mining or future mining of coal is an acceptable level; and the likely impact and level of risk are easily and reliably quantifiable. (sec.66-ssec.3) Subsection (2) does not apply if— the applicant is the holder of a 1923 Act lease, or the operator or proposed operator of a well under the 1923 Act in the area of a 1923 Act lease, that was in effect immediately before 31 December 2004; and the area of the lease does not include land that is in the area of a coal or oil shale mining tenement. (sec.66-ssec.4) If subsection (2) does not apply, in deciding the application, the chief inspector must consider optimising the development and use of the State’s coal, oil shale and petroleum resources to maximise the benefits for all Queenslanders. (sec.66-ssec.5) Without limiting subsection (1) , a condition may require the applicant to comply with a stated alternative safety measure. (sec.66-ssec.6) The chief inspector must give notice of the decision to— the applicant; and if a relevant coal or oil shale mining tenement holder lodged a submission about the application—the holder.